New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019

- 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