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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children's Guardian Amendment (Child Safe
Scheme) Bill 2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Children's Guardian Act 2019 No 25 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
Children's Guardian Amendment (Child Safe
Scheme) Bill 2021
Act No , 2021
An Act to amend the Children's Guardian Act 2019 to embed the Child Safe Standards as the
primary framework that guides child safe practice in organisations in New South Wales; and for
related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Children's Guardian Amendment (Child Safe Scheme) Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Children's Guardian Amendment (Child Safe Scheme) Act 2021.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
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Children's Guardian Amendment (Child Safe Scheme) Bill 2021 [NSW]
Schedule 1 Amendment of Children's Guardian Act 2019 No 25
Schedule 1 Amendment of Children's Guardian Act 2019
No 25
[1] Section 6 Main object of Act
Insert at the end of section 6(b)--
, and
(c) embedding the Child Safe Standards as the primary framework that
guides child safe practice in organisations in New South Wales.
[2] Section 8 Guiding principles
Omit section 8(e). Insert instead--
(e) in decision-making under this Act and the regulations in relation to an
Aboriginal child or a Torres Strait Islander child--
(i) the Aboriginal and Torres Strait Islander Child and Young Person
Placement Principles set out in the Children and Young Persons
(Care and Protection) Act 1998, section 13, and
(ii) the embedding of connection to family and community with the
ultimate goal of the child feeling safe and secure in their identity,
culture and community, and
(e1) in decision-making under this Act, respect for cultural and social
difference must be considered in the provision of child-related services,
and
[3] Part 3A
Insert after Part 3--
Part 3A Child safe scheme
Division 1 Preliminary
8A Objects of Part
The objects of this Part are for the Children's Guardian to protect children
from harm by--
(a) adopting the Child Safe Standards as the primary framework that guides
child safe practice, and
(b) implementing regulatory approaches that--
(i) improve systems for the prevention, identification, response to
and reporting of child abuse in child safe organisations through
the implementation of the Child Safe Standards, and
(ii) assist child safe organisations to implement the Child Safe
Standards by raising awareness and providing guidance, training
and education, and
(iii) monitor and report on the compliance of child safe organisations
with the Child Safe Standards, and
(iv) enforce compliance with the Child Safe Standards, and
(v) provide for the investigation of complaints about a child safe
organisation's--
(A) implementation of the Child Safe Standards, or
(B) compliance with the Child Safe Standards, or
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Schedule 1 Amendment of Children's Guardian Act 2019 No 25
(C) compliance with recommendations contained in a
monitoring assessment report, and
(vi) establish child safe action plans with prescribed agencies, and
(vii) provide for the ongoing exchange of information about risks to
child safety in organisations between government agencies, both
in New South Wales and in other States and Territories, with
child safety responsibilities.
8AA Consistency with Royal Commission Report recommending the Child Safe
Standards
(1) Implementation of the Child Safe Standards by child safe organisations is to
be consistent with Royal Commission recommendations.
(2) Where a Child Safe Standard can be implemented in more than 1 way,
implementation that most closely reflects the Royal Commission
recommendations is to be preferred.
8AB Ministerial guidelines
(1) The Minister may issue guidelines to the Children's Guardian about the way
the Children's Guardian is to--
(a) oversee the implementation of the Child Safe Standards by child safe
organisations,
(b) enforce the Child Safe Standards within child safe organisations,
(c) establish child safe action plans with prescribed agencies,
(2) Despite section 128(3), the Children's Guardian must, when exercising
functions concerning the Child Safe Standards, act in a way that is consistent
with guidelines issued by the Minister under subsection (1).
8AC Oversight by Committee on Children and Young People
(1) The Committee on Children and Young People has the following functions
under this Part--
(a) to monitor and review the functions of the Children's Guardian in--
(i) overseeing the implementation of the Child Safe Standards by
child safe organisations,
(ii) the enforcement of the Child Safe Standards within child safe
organisations,
(iii) establishing child safe action plans with prescribed agencies,
(b) to review the activities of the Children's Guardian for consistency with
the Royal Commission recommendations,
(c) to review guidelines issued by the Minister under section 8AB(1) for
consistency with the Royal Commission recommendations,
(d) to report to both Houses of Parliament, with such comments as it thinks
fit, on any matter which the Committee considers should be brought to
the attention of Parliament relating to the following--
(i) the exercise of the Children's Guardian's functions specified in
paragraphs (a) and (b),
(ii) guidelines issued by the Minister under section 8AB(1).
(2) In this section--
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Schedule 1 Amendment of Children's Guardian Act 2019 No 25
Committee on Children and Young People means the Parliamentary Joint
Committee constituted under section 36(1) of the Advocate for Children and
Young People Act 2014.
8B Definitions
In this Part--
child safe action plan--see section 8F.
monitoring assessment report means a report issued by the Children's
Guardian under section 8W.
prescribed agency--see section 8G.
related body, for a prescribed agency--see section 8H.
religious body has the same meaning as in section 15A.
Royal Commission recommendations means the Final Report
Recommendations of the Royal Commission into Institutional Responses to
Child Sexual Abuse.
Division 2 Child Safe Standards
8C Meaning of "Child Safe Standards"
The Child Safe Standards are--
1. Child safety is embedded in organisational leadership, governance and
culture.
2. Children participate in decisions affecting them and are taken seriously.
3. Families and communities are informed and involved.
4. Equity is upheld, and diverse needs are taken into account.
5. People working with children are suitable and supported.
6. Processes to respond to complaints of child abuse are child focused.
7. Staff are equipped with the knowledge, skills and awareness to keep
children safe through continual education and training.
8. Physical and online environments minimise the opportunity for abuse to
occur.
9. Implementation of the Child Safe Standards is continuously reviewed
and improved.
10. Policies and procedures document how the organisation is child safe.
8D Systems, policies and processes
(1) The head of a child safe organisation must ensure the organisation implements
the Child Safe Standards through systems, policies and processes which may
include, but are not limited to, the following--
(a) a statement of the organisation's commitment to child safety,
(b) a child safe policy,
(c) a code of conduct applying to the following--
(i) employees,
(ii) management, however described,
(iii) contractors,
(iv) volunteers,
(d) a complaint management policy and procedure,
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Schedule 1 Amendment of Children's Guardian Act 2019 No 25
(e) a human resources policy,
(f) a risk management plan.
(2) The head of a child safe organisation must ensure the organisation implements
a reportable conduct policy that addresses the matters in section 54(2).
(3) The head of a child safe organisation must ensure the systems, policies and
processes implemented by the organisation are continuously reviewed and
updated to reflect--
(a) the Child Safe Standards, and
(b) recommendations made to the organisation by the Children's Guardian
in--
(i) a monitoring assessment report under section 8W, or
(ii) an investigation report under section 8Z, and
(c) enforcement measures taken under Part 9A against the organisation by
the Children's Guardian.
8E Children's Guardian may require information about systems, policies and
processes
(1) The Children's Guardian may, at any time by written notice, require the head
of a child safe organisation to give the Children's Guardian, within the
reasonable time stated in the notice but not less than 7 days, information about
the organisation's systems, policies and processes under section 8D.
(2) If the organisation does not, without reasonable excuse, give the Children's
Guardian the information required under subsection (1), the Children's
Guardian may--
(a) commence an investigation under Division 6, and
(b) publish the following on the Office of the Children's Guardian's
website--
(i) the name of the organisation,
(ii) that the organisation has failed to provide the information
required by the Children's Guardian under this section.
Division 3 Child safe action plans
8F Meaning of "child safe action plan"
A child safe action plan is a plan that contains the strategies a prescribed
agency will take, both in the services it provides and with related bodies, to--
(a) build awareness in the community about the importance of child safety
in child safe organisations, and
(b) build the capability of child safe organisations to implement the Child
Safe Standards, and
(c) improve the safety of children by implementing the Child Safe
Standards.
8G Meaning of "prescribed agency"
Prescribed agency means each of the following--
(a) the Department of Communities and Justice,
(b) the Office of Sport within the Department of Communities and Justice,
(c) the Department of Education,
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Schedule 1 Amendment of Children's Guardian Act 2019 No 25
(d) the NSW Education Standards Authority,
(f) the Ministry of Health,
(g) the Department of Planning, Industry and Environment, limited to
functions undertaken by the Office of Local Government,
(h) the Inspector of Custodial Services,
(i) a NSW government agency prescribed by the regulations for the
purposes of this section.
8H Meaning of "related body"
Related body, for a prescribed agency, means a child safe organisation the
prescribed agency funds or regulates.
8I Prescribed agencies to develop and implement plans
(1) A prescribed agency must develop and implement a child safe action plan
within--
(a) 12 months of becoming a prescribed agency, or
(b) a longer period approved in writing by the Children's Guardian.
(2) A child safe action plan must cover the full scope of the agency's child related
operations unless--
(a) the Children's Guardian gives written approval for the agency to
develop and implement an additional plan for a specified area of
operations, and
(b) the additional plan addresses only the parts of the agency's operations
specified in the approval.
8J Consultation
In developing its child safe action plan, a prescribed agency must--
(a) consult with the Children's Guardian, and
(b) consult with related bodies and any other entity or individual who, in the
agency's opinion, is likely to be directly affected by the plan, and
(c) if the agency or related bodies provide services to Aboriginal children--
consult with 1 or more Aboriginal controlled entities of a class
prescribed by the regulations for this section.
8K Plans to be submitted
(1) A prescribed agency must submit its child safe action plan to the Children's
Guardian for review and approval.
(2) Following its review of an agency's plan, the Children's Guardian must--
(a) approve the plan, or
(b) provide comments to the agency recommending amendments to the
plan that the Children's Guardian considers necessary before it can be
approved.
(3) Following its review of an agency's plan, the Children's Guardian may report
publicly, whether by its annual report or another report, on the plan and its
implementation.
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8L Plans to be publicly available
(1) Following approval of a prescribed agency's child safe action plan, the agency
must make the plan publicly available--
(a) on the agency's website, and
(b) in another way prescribed by the regulations.
(2) The Children's Guardian may, on the Office of the Children's Guardian's
website, provide a link to an agency's child safe action plan.
8M Progress reports
(1) If required to do so by written notice from the Children's Guardian, a
prescribed agency must provide a progress report on the agency's
implementation of its child safe action plan.
(2) An agency's report is to include information that demonstrates how the agency
is working with related bodies to--
(a) build awareness in the community about the importance of child safety
in child safe organisations, and
(b) build the capability of related bodies to implement the Child Safe
Standards, and
(c) improve the safety of children by implementing the Child Safe
Standards by related bodies.
(3) A prescribed agency must provide its report to the Children's Guardian
within--
(a) 90 days of receiving the written notice, or
(b) a longer period approved in writing by the Children's Guardian.
8N Annual reporting
A prescribed agency must include in its annual report made under the Annual
Reports (Departments) Act 1985 or the Annual Reports (Statutory Bodies) Act
1984--
(a) a link to the agency's child safe action plan, and
(b) the agency's assessment of the effectiveness of the plan in promoting
and supporting the adoption and implementation of the Child Safe
Standards by related bodies.
8O Child safe action plans to be remade
(1) A prescribed agency must review and remake its child safe action plan at least
every 4 years.
(2) This Division applies to a remade plan in the same way as it applies to an
original plan.
Division 4 Capability building
8P Purpose
This Division deals with the Children's Guardian's responsibility to work
collaboratively with child safe organisations, government agencies and the
broader community to--
(a) raise awareness about child safety, and
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Schedule 1 Amendment of Children's Guardian Act 2019 No 25
(b) build within child safe organisations both knowledge of the Child Safe
Standards and the skills to implement them, and
(c) promote the implementation of the Child Safe Standards by child safe
organisations.
8Q Guidelines for child safe organisations
(1) The Children's Guardian may develop guidelines to--
(a) assist child safe organisations to implement the Child Safe Standards,
and
(b) assist children, their families and other members of the community to
raise concerns and make complaints about a child safe organisation, and
(c) provide guidance on another matter that the Children's Guardian
identifies as appropriate.
(2) A guideline developed under this section may include templates that can be
used by child safe organisations in developing systems, policies and processes
that implement the Child Safe Standards.
(3) A guideline developed under this section must be published on the Office of
the Children's Guardian's website.
8R Capability building for prescribed agencies
(1) The Children's Guardian may develop and make publicly available--
(a) guidelines, including templates, to assist prescribed agencies to develop
child safe action plans, and
(b) assessment criteria for child safe action plans.
(2) A guideline developed under this section must be published on the Office of
the Children's Guardian's website.
8S Training
(1) The Children's Guardian may provide training on--
(a) matters related to the implementation of the Child Safe Standards, and
(b) other matters reasonably related to child safety and the functions of the
Children's Guardian.
(2) The Children's Guardian may charge fees for training activities to recover the
reasonable costs incurred in providing the training.
8T Resources
The Children's Guardian may develop and distribute other resources to
promote the Child Safe Standards that the Children's Guardian considers
appropriate.
Division 5 Monitoring
8U Purpose of monitoring
The Children's Guardian may monitor the operation of a child safe
organisation to ensure the organisation is implementing the Child Safe
Standards.
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8V Children's Guardian may monitor implementation of Child Safe Standards
(1) In monitoring a child safe organisation's implementation of the Child Safe
Standards, the Children's Guardian may do the following--
(a) review the organisation's systems, processes and policies,
(b) request the head of the organisation to answer questions and provide
specified information,
(c) review information held by the Children's Guardian about the
organisation and its employees,
(d) with the consent of the head of the organisation, have an authorised
person inspect the organisation's premises,
(e) direct the head of the organisation to complete a self-assessment of the
organisation's compliance with the Child Safe Standards,
(f) a thing prescribed by the regulations for the purposes of this section.
(2) If the Children's Guardian directs the head of a child safe organisation to
complete a self-assessment under subsection (1)(e), the head of the
organisation must comply with the direction.
Maximum penalty--5 penalty units.
(3) A direction under subsection (1)(e) must--
(a) be in writing, and
(b) specify the form of the self-assessment, and
(c) specify the date, not less than 14 days after the date of the direction, by
which the self-assessment must be completed and returned to the
Children's Guardian.
8W Monitoring assessment reports
(1) The Children's Guardian may, as part of its monitoring activities under section
8V, issue a monitoring assessment report to provide guidance and make
recommendations to a child safe organisation.
(2) If the Children's Guardian makes recommendations to an organisation in a
monitoring assessment report, the organisation must respond to the
recommendations within the period specified by the Children's Guardian,
being a period of not less than 28 days after the issue of the report.
Division 6 Investigation
8X When investigation may be conducted
(1) The Children's Guardian may conduct an investigation into a child safe
organisation's implementation of the Child Safe Standards.
(2) Without limiting subsection (1), the Children's Guardian may conduct an
investigation--
(a) after receiving a complaint, however made or described, about the
organisation, or
(b) if the organisation fails to respond to a recommendation made by the
Children's Guardian in a monitoring assessment report or the
Children's Guardian is otherwise not satisfied with the way the
organisation responds to a recommendation, or
(c) if for any other reason the Children's Guardian is concerned the
organisation is not implementing the Child Safe Standards.
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8Y Conduct of investigation
(1) Schedule 2 provides for powers that may be exercised by an authorised person
for the purpose of conducting an investigation under this Division.
(2) Without limiting the powers of an authorised person, the Children's Guardian
may, when conducting an investigation, do the following--
(a) review the organisation's records, systems, processes and policies,
(b) require the head of the organisation to answer questions and provide
specified information,
(c) review information held by the Children's Guardian about the
organisation and its employees,
(d) have an authorised person inspect the organisation's premises,
(e) direct the head of the organisation to complete a self-assessment of the
organisation's compliance with the Child Safe Standards,
(f) a thing prescribed by the regulations for the purposes of this section.
(3) For the purposes of an investigation under this Division, the Children's
Guardian may conduct an inquiry.
(4) Schedule 3 provides for the Children's Guardian's powers to make or hold an
inquiry.
(5) An inquiry under this Division must be carried out in the absence of the public.
8Z Investigation report
(1) At the end of an investigation under this Division, the Children's Guardian
must prepare a report that includes--
(a) findings relating to the way the relevant child safe organisation
implements the Child Safe Standards, and
(b) the Children's Guardian's recommendations, if any, for improvement to
the way the organisation implements the Child Safe Standards.
(2) If, as a result of an investigation, the Children's Guardian decides to take
enforcement measures under Part 9A, the report must include--
(a) the decision, and
(b) the reasons for the decision, and
(c) the enforcement measures to be taken.
(3) If the Children's Guardian makes recommendations to an organisation, the
organisation must respond to the recommendations within the period, not less
than 28 days after the investigation report is given to the organisation,
specified by the Children's Guardian.
[4] Section 37 Contents of entity report
Omit section 37(1)(d)(iii). Insert instead--
(iii) changes to systems or policies including, if the entity is a child
safe organisation, to improve implementation of the Child Safe
Standards,
[5] Section 43 Children's Guardian may monitor relevant entity's investigation or
determination
Insert after section 43(2)(d)--
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(d1) review the relevant entity's systems, policies and processes and their
effectiveness in preventing, and responding to, reportable allegations
and reportable convictions,
[6] Section 49 Children's Guardian reports
Omit section 49(2)(d)(iii). Insert instead--
(iii) changes to systems or policies including, if the entity is a child
safe organisation, to improve implementation of the Child Safe
Standards,
[7] Section 54 Relevant entities to have systems about reportable conduct
Insert "(2)" before "The head".
[8] Section 54(1)
Insert before section 54(2) (as amended by item [7])--
(1) This section applies to a relevant entity that is not a child safe organisation.
[9] Section 55 Children's Guardian may require information about systems
Insert before subsection (1)--
(1A) This section applies to a relevant entity that is not a child safe organisation.
[10] Section 128 Functions of Children's Guardian
Omit section 128(1)(a). Insert instead--
(a) to take action to build the capability of child safe organisations to
implement the Child Safe Standards and to prevent harm to children,
(a1) to monitor, investigate and enforce the implementation by child safe
organisations of the Child Safe Standards,
(a2) to undertake functions under Part 3A, Division 3 relating to child safe
action plans,
(a3) to exercise functions relating to persons engaged in child-related work,
including working with children check clearances, under the Child
Protection (Working with Children) Act 2012,
[11] Section 145 Functions of Official Community Visitors
Insert after section 145(1)(f)--
(f1) provide information about the Child Safe Standards to assist both the
visitable services and the children using the services, and
[12] Part 9A
Insert after Part 9--
Part 9A Enforcement measures
Division 1 Compliance notices
152A Issue of compliance notices
If the Children's Guardian reasonably believes a child safe organisation's
systems, policies or processes do not reflect or implement the Child Safe
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Standards, the Children's Guardian may issue a compliance notice requiring
the organisation to--
(a) take the action specified in the notice, and
(b) provide the Children's Guardian with evidence it has done so.
152B Content of compliance notices
(1) A compliance notice must be in writing and must include--
(a) the reasons for the belief the relevant child safe organisation's systems,
policies or processes do not reflect or implement the Child Safe
Standards, and
(b) the risks to children that arise because the organisation's systems,
policies or processes do not reflect or implement the Child Safe
Standards, and
(c) the action the organisation is required to take, and
(d) the period of time within which the organisation is required to take the
action, and
(e) a statement that failure to comply with a compliance notice is an
offence.
(2) The period of time for the organisation to take the action required by the
compliance notice must be reasonable in all the circumstances.
152C Internal review
(1) A child safe organisation that is issued a compliance notice may, within 28
days of receiving the notice, request the Children's Guardian to review the
decision to issue the notice.
(2) The Children's Guardian must comply with a request made under subsection
(1) unless, in the opinion of the Children's Guardian, the request is frivolous
or vexatious.
(3) An organisation that requests a review may provide the Children's Guardian
with the information the organisation considers relevant to the review.
(4) An organisation that requests a review is not required to comply with the
notice while the review is underway.
(5) Following a review, the Children's Guardian may--
(a) confirm the decision to issue the compliance notice, or
(b) withdraw the compliance notice.
(6) If the review confirms the decision to issue the compliance notice, the
Children's Guardian must give the organisation a reasonable time to comply
with the notice, being a period of not less than 28 days after the compliance
notice is given to the organisation.
(7) If, following the review, the Children's Guardian withdraws the notice, the
notice may be reissued--
(a) in substantially the same form, or
(b) in a different form.
152D Extension of time for compliance with compliance notices
(1) A child safe organisation that has been issued with a compliance notice may
apply to the Children's Guardian for an extension of time for compliance.
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(2) The organisation may only apply for an extension of time if the application is
made before the end of the period of time it is applying to extend.
(3) The Children's Guardian may grant an application made under this section if
the Children's Guardian considers--
(a) the organisation has taken suitable steps to address the risks to children
identified in the notice, and
(b) there are special circumstances justifying the extension of time.
152E Compliance notices to be publicly available
(1) The Children's Guardian is to maintain a list of compliance notices that are in
effect and make the list publicly available on the Office of the Children's
Guardian's website.
(2) A child safe organisation that produces an annual report must include in the
report the details of a compliance notice that applied to the organisation during
the period covered by the report.
(3) This section does not apply to a compliance notice until--
(a) the expiry of the 28 day period in which the organisation may apply for
a review of the decision to issue the notice, or
(b) the conclusion of a review under section 152C.
152F Offence
(1) A child safe organisation that receives a compliance notice must comply with
the notice.
Maximum penalty--
(a) for a corporation--250 penalty units, or
(b) otherwise--50 penalty units.
(2) If a child safe organisation is not a person the reference in subsection (1) to a
child safe organisation is to be read as a reference to the head of a child safe
organisation.
Division 2 Enforceable undertakings
152G Enforceable undertaking
(1) Instead of issuing a compliance notice under Division 1, the Children's
Guardian may accept an enforceable undertaking from a child safe
organisation.
(2) An enforceable undertaking is an undertaking from the organisation under
which the organisation agrees to take specific action by a specific date.
(3) An enforceable undertaking must be in writing and be signed by the head of
the organisation.
152H Amendment of enforceable undertaking
(1) This section applies if a child safe organisation has entered into an enforceable
undertaking.
(2) The organisation may apply to the Children's Guardian to amend the
undertaking.
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Schedule 1 Amendment of Children's Guardian Act 2019 No 25
(3) The organisation may only apply to amend an undertaking if the application is
made before the date by which the organisation had agreed to undertake the
action specified in the undertaking.
(4) The Children's Guardian may only agree to amendment of an undertaking if
the Children's Guardian considers--
(a) the organisation has taken suitable steps to address the risks to children
that led to the undertaking, and
(b) amendment of the undertaking is appropriate in all the circumstances.
152I Enforceable undertakings to be publicly available
(1) The Children's Guardian is to maintain a list of enforceable undertakings that
are in effect and make the list publicly available on the Office of the Children's
Guardian's website.
(2) A child safe organisation that produces an annual report must include in the
report the details of an enforceable undertaking that applied to the organisation
during the period covered by the report.
152J Offence
(1) A child safe organisation that enters into an enforceable undertaking must
comply with the undertaking.
Maximum penalty--
(a) for a corporation--500 penalty units, or
(b) otherwise--100 penalty units.
(2) If a child safe organisation is not a person the reference in subsection (1) to a
child safe organisation is to be read as a reference to the head of a child safe
organisation.
Division 3 Miscellaneous
152K Ministerial notice
The Children's Guardian must inform the Minister when taking enforcement
action under this Part against a child safe organisation that is a public authority
under section 14, definition of public authority, paragraphs (a), (b), (d) or (e).
[13] Section 163, heading
Omit the heading. Insert instead--
163 Definitions
[14] Section 163
Omit "director has". Insert instead "corporation and director have".
[15] Section 164 Executive liability offences
Insert after paragraph (g)--
(g1) section 152F,
(g2) section 152J,
[16] Section 174 Children's Guardian may make guidelines
Insert after section 174(2)(d)--
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(e) guidance for the purposes of Part 3A.
[17] Section 180 Provision and exchange of information
Insert after section 180(8), definition of relevant body, paragraph (a)--
(a1) a prescribed agency, and
[18] Section 180A
Insert after section 180--
180A Information sharing
(1) The Children's Guardian may give information obtained under Part 3A or 9A
to a relevant person in relation to--
(a) a matter relevant to the exercise of a law of another State, the
Commonwealth or a Territory, or
(b) an undertaking that is or was being carried out jointly by New South
Wales and another State, the Commonwealth or a Territory.
(2) In this section--
relevant person means a person exercising functions under a law of another
State, the Commonwealth or a Territory, that are substantially the same as the
functions of the Children's Guardian under this Act.
[19] Schedule 2 Powers of authorised persons
Omit "Part 4". Insert instead "Part 3A or 4" in clause 7(1)(d).
[20] Schedule 2, clause 20(1)
Omit "Part 4". Insert instead "Part 3A or 4".
[21] Schedule 6 Dictionary
Insert in alphabetical order--
child safe action plan--see section 8F.
child safe organisation means 1 of the following--
(a) an entity mentioned in Schedule 1, other than an organisation that is--
(i) a designated agency, or
(ii) an accredited adoption service provider,
(b) a religious body--
(i) that provides services to children, or
(ii) in which adults have contact with children,
(c) a local government authority,
(d) a club or other body providing programs or services of a recreational or
sporting nature for children and in which workers are required to hold a
working with children check clearance under the Child Protection
(Working with Children) Act 2012,
(e) an entity, or part of an entity, prescribed by the regulations for this
definition.
Child Safe Standards--see section 8C.
head of a child safe organisation means--
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Children's Guardian Amendment (Child Safe Scheme) Bill 2021 [NSW]
Schedule 1 Amendment of Children's Guardian Act 2019 No 25
(a) for an organisation that is a Department--the Secretary of the
Department or the Secretary's delegate, or
(b) if the regulations prescribe a person or a class of persons as the head of
the organisation--the prescribed person or a person belonging to the
class of persons prescribed, or
(c) otherwise--
(i) the chief executive officer of the organisation, however
described, or
(ii) if there is no chief executive officer--the principal officer of the
organisation, however described, or
(iii) if there is no chief executive officer or principal officer--a
person approved by the Children's Guardian under section 66.
monitoring assessment report--see section 8B.
prescribed agency--see section 8G.
related body, for a prescribed agency--see section 8H.
Royal Commission recommendations--see section 8B.
[22] Schedule 6, definition of "employee"
Omit "Part 4". Insert instead "Parts 3A and 4".
[23] Schedule 6, definition of "head"
Omit "Part 4". Insert instead "Parts 3A and 4".
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