CHILDREN'S GUARDIAN ACT 2019

New South Wales Consolidated Acts

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- As at 30 October 2023
- Act 25 of 2019

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement

PART 2 - APPLICATION AND INTERPRETATION

Division 1 - Application of Act

3. Children to whom this Act applies

Division 2 - Interpretation

4. Definitions
5. References to "commencement"

PART 3 - OBJECTS AND PRINCIPLES

6. Main object of Act
7. Paramount consideration
8. Guiding principles

PART 3A - CHILD SAFE SCHEME

Division 1 - Preliminary

8A. Objects of Part
8AA. Consistency with Royal Commission Report recommending the Child Safe Standards
8AB. Ministerial guidelines
8AC. Oversight by Committee on Children and Young People
8B. Definitions

Division 2 - Child Safe Standards

8C. Meaning of "Child Safe Standards"
8D. Systems, policies and processes
8DA. Codes of practice
8E. Children's Guardian may require information about systems, policies and processes

Division 3 - Child safe action plans

8F. Meaning of "child safe action plan"
8G. Meaning of "prescribed agency"
8H. Meaning of "related body"
8I. Prescribed agencies to develop and implement plans
8J. Consultation
8K. Plans to be submitted
8L. Plans to be publicly available
8M. Progress reports
8N. Annual reporting
8O. Child safe action plans to be remade

Division 4 - Capability building

8P. Purpose
8Q. Guidelines for child safe organisations
8R. Capability building for prescribed agencies
8S. Training
8T. Resources

Division 5 - Monitoring

8U. Purpose of monitoring
8V. Children's Guardian may monitor implementation of Child Safe Standards
8W. Monitoring assessment reports

Division 6 - Investigation

8X. When investigation may be conducted
8Y. Conduct of investigation
8Z. Investigation report

Division 7 - Children in specialised substitute residential care

8ZA. Limit on time to be spent in specialised substitute residential care
8ZB. Notification of deaths of children in specialised substitute residential care
8ZC. Principal officer
8ZD. Regulations

PART 4 - REPORTABLE CONDUCT

Division 1 - Preliminary

9. Objects of Part
10. Definitions

Division 2 - Key concepts for Part

11. Meaning of "reportable conduct scheme"
12. Meaning of "relevant entity"
13. Meaning of "Schedule 1 entity"
14. Meaning of "public authority"
15. Meaning of "local government authority"
15A. Meaning of "religious body"
16. Meaning of "employee"
17. Meaning of "head" of relevant entity
18. Meaning of "reportable allegation"
19. Meaning of "reportable conviction"
20. Meaning of "reportable conduct"
21. Meaning of "sexual offence"
22. Meaning of "sexual misconduct"
23. Meaning of "ill-treatment"
24. Meaning of "neglect"
25. Meaning of "assault"
26. Meaning of "finding of reportable conduct"

Division 3 - Reports, complaints and notifications

27. Who must give report of reportable allegation or conviction
28. Complaints to Children's Guardian
29. Children's Guardian to be given notification of reports

Division 4 - Exempt conduct, managing investigations and determinations

30. Children's Guardian may exempt conduct from notification
31. Exemptions about investigations and investigation reports
32. Notice to require relevant entity to defer investigation
33. Concurrent investigations or proceedings

Division 5 - Investigation or determination and report by relevant entity

34. Investigation or determination by head of relevant entity
35. Mandatory considerations
36. Report by relevant entity about investigation or determination
37. Contents of entity report
38. Interim report

Division 6 - Mandatory matters for consideration for reportable allegations

39. Application of Division
40. Assessing conduct
41. Conduct that is not reportable conduct

Division 7 - Children's Guardian's powers in relation to reportable allegations and reportable convictions

42. Children's Guardian may require further information
43. Children's Guardian may monitor relevant entity's investigation or determination

Division 8 - Investigation and report--Children's Guardian

44. Preliminary inquiries
45. Further information after receiving entity report
46. Children's Guardian may investigate or determine
47. Notice for Children's Guardian investigation or determination
48. Investigation by Children's Guardian

Division 9 - Outcome of investigation or determination by Children's Guardian

49. Children's Guardian reports
50. Recommendations by Children's Guardian
51. Notice to particular persons of reportable conduct or reportable conviction
52. Recommendations and provision of report
53. Action taken by head of relevant entity on receipt of advice

Division 10 - Other measures about reportable conduct

54. Relevant entities to have systems about reportable conduct
55. Children's Guardian may require information about systems
56. Reporting within the Office of the Children's Guardian

Division 11 - Information sharing

57. Disclosure of information
58. Disclosures by Children's Guardian or officer of Children's Guardian
59. Other States, the Commonwealth and Territories
60. Lawful disclosure

Division 12 - Other proceedings

61. Children's Guardian, officer or expert as witness
62. Limits on secrecy and privilege

Division 13 - Offences for Part

63. Retribution by employer
64. Protection against retribution

Division 14 - Miscellaneous

65. Head of relevant entity may delegate functions
66. Children's Guardian approval of head of relevant entity in certain circumstances
67. Expert assistance
68. Immunity from liability
69. Evidential immunity for individuals complying with Part
70. Cabinet information and proceedings

PART 5 - OUT-OF-HOME CARE

Division 1 - Preliminary

71. Objects of Part
72. Meaning of "designated agency"
73. (Repealed)
74. Meaning of "principal officer"
75. Actions of principal officer

Division 2 - (Repealed)
None

Division 3 - Oversight of designated agencies

81. Principal officer of designated agency must not reside with children under agency's care
82. Supervisory responsibility of designated agency
83. Notification of deaths of children in statutory out-of-home care or supported out-of-home care

Division 4 - Monitoring and accreditation

84. Powers of authorised persons

Division 5 - Registers

85. Registers to be kept
86. General access to registers
87. Permission to access registers
88. Requirement to amend residential care workers register in particular circumstances

PART 6 - CHILD EMPLOYMENT

Division 1 - Preliminary

89. Objects of Part
90. Definitions
91. Extension of employment relationship

Division 2 - Requirement to hold employer's authority or employer's exemption

92. Requirement to hold employer's authority for certain employment
93. Exemptions from requirement to hold employer's authority

Division 3 - Employers' authorities and employers' exemptions

Subdivision 1 - Applications for authorities or exemptions

94. How to apply

Subdivision 2 - Employers' authorities

95. Decision about application for authority
96. Term of employer's authority

Subdivision 3 - Conditions

97. Conditions of authority
98. Change in conditions

Subdivision 4 - Suspension and revocation of employer's authority

99. Voluntary suspension or revocation of authority
100. Suspension and revocation of authority
101. Effect of suspension

Division 4 - Exemption

102. Exemption by Children's Guardian

Division 5 - Powers for matters relating to child employment

103. Powers of authorised persons
104. Enforcement of undertakings
105. Power to compel production of information

Division 6 - Miscellaneous

106. Endangering children in employment
107. Removal of child from place of unlawful employment

PART 7 - ADOPTION SERVICE PROVIDERS

108. Objects of Part
109. References to "child"
110. Meaning of "principal officer" of adoption service provider
110A. Meaning of "accredited adoption service provider"
111. Operation of Part
112. Review of adoption service providers
113. (Repealed)
114. Restriction on inspection of records

PART 8 - CHILDREN'S GUARDIAN

Division 1 - Appointment

115. Appointment of Children's Guardian
116. Term of office
117. Full-time office
118. Eligibility for appointment
119. Employment and remuneration
120. Children's Guardian not Public Service employee

Division 2 - Vacancy and removal from office

121. Vacancy in office of Children's Guardian
122. Removal from office

Division 3 - Acting Children's Guardian

123. Acting Children's Guardian

Division 4 - Office of the Children's Guardian

124. Deputy Children's Guardian and Assistant Children's Guardian
125. Employment of Deputy Children's Guardian or Assistant Children's Guardian
126. Vacancy of office of Deputy Children's Guardian or Assistant Children's Guardian
127. Staff of Office

Division 5 - Functions

128. Functions of Children's Guardian
129. Restriction on functions
130. Appointment of advisory committees
131. Removal of responsibility for daily care and control from an authorised carer
132. Application for review of order of the Children's Court
133. Delegation of functions
134. Referral of matters to police and other investigative agencies
135. Protection from liability

Division 6 - Reports

136. Report required before commencement of Part 4
137. References to "Presiding Officers"
138. Annual reports to Parliament
139. Special reports to Parliament and to Minister
140. Giving draft reports to Minister
141. Provisions relating to reports to Parliament

PART 9 - OFFICIAL COMMUNITY VISITORS

Division 1 - Preliminary

142. Objects of Part
143. Definitions

Division 2 - Appointment and functions

144. Appointment of Official Community Visitors
145. Functions of Official Community Visitors
146. Co-ordination of Official Community Visitors

Division 3 - Reports to the Children's Guardian

147. Report may be made to Children's Guardian
148. Powers of authorised persons
149. Powers of Children's Guardian to conduct inquiry
150. Referral to other agencies
151. Provision of information to Children's Guardian

Division 4 - Offences for Part

152. Protection of complainant against retribution

PART 9A - ENFORCEMENT MEASURES

Division 1 - Compliance notices

152A. Issue of compliance notices
152B. Content of compliance notices
152C. Internal review
152D. Extension of time for compliance with compliance notices
152E. Compliance notices to be publicly available
152F. Offence

Division 2 - Enforceable undertakings

152G. Enforceable undertaking
152H. Amendment of enforceable undertaking
152I. Enforceable undertakings to be publicly available
152J. Offence

Division 3 - Miscellaneous

152K. Ministerial notice

PART 10 - ADMINISTRATIVE REVIEW

153. Definition
154. Applications to Civil and Administrative Tribunal for administrative review
155. Persons who may make application
156. Representative applications
157. Alternatives to Tribunal determining matter
158. Additional powers of Tribunal

PART 11 - OFFENCES

Division 1 - Offences about use and disclosure of information

159. Disclosure of information
160. Disclosure of information for research purposes
161. False and misleading information
162. Unlawful use of stored information

Division 2 - Directors and corporate liability

163. Definitions
164. Executive liability offences
165. Executive liability offences committed by person
166. Prosecution of executive liability offence
167. Liability of directors etc for offences by corporation--accessory to commission of offences
168. Evidence as to state of mind of corporation

Division 3 - Other offence

169. Obstructing authorised person or other person

Division 4 - Administration of offences

170. Time for instituting proceedings
171. Proceedings for offences
172. Penalty notices

PART 12 - MISCELLANEOUS

173. Powers of authorised persons
174. Children's Guardian may make guidelines
175. Secretary may make guidelines
176. Approval of forms
177. Manner of giving notice
178. Records
179. Delegation by Minister
180. Provision and exchange of information
180A. Information sharing
181. Personal liability
182. Act binds Crown
183. Review of Act
184. Regulations
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3A
SCHEDULE 3B
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6

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