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CHILDREN'S GUARDIAN ACT 2019 - SECT 10

Definitions

10 Definitions

In this Part--

"assault" see section 25.

"Children's Guardian report" see section 49.

"complaint" means--

(a) a report given to the Children's Guardian under section 27(2)(b) or (3)(b), or
(b) a complaint made to the Children's Guardian under section 28(1) or (2).

"contractor" includes--
(a) a subcontractor, and
(b) an employee of, or volunteer for, the contractor, and
(c) an employee of, or volunteer for, a third party employer.

"employee" , of a relevant entity, see section 16.

"employment" includes engagement of a person as a volunteer or contractor taken to be an employee under this Part.

"entity report" see section 36(1).

"finding of reportable conduct" see section 26.

"head" , of a relevant entity, see section 17.

"ill-treatment" , of a child, see section 23.

"investigation" , of a matter, includes any preliminary or other inquiry into, or examination of, the matter, other than a preliminary inquiry under section 44.

"investigator" means a person conducting an investigation on behalf of the head of a relevant entity, including a delegate.

"local government authority" see section 15.

"neglect" , of a child, see section 24.

"notification" see section 29(2).

"public authority" see section 14.

"relevant entity" see section 12.

"religious body" see section 15A.

"report" means--
(a) a report made to the head of a relevant entity under section 27(2)(a) or (3)(a), or
(b) if the head of a relevant agency otherwise becomes aware of a matter under section 29(1)(b).

"reportable allegation" see section 18.

"reportable conduct" see section 20.

"reportable conduct scheme" see section 11.

"reportable conviction" see section 19.

"responsible Minister" means--
(a) for a relevant entity that is a government sector agency or a person employed in a government sector agency--
(i) the Minister responsible for the agency, or
(ii) if there is more than one Minister responsible for the agency, the Minister who, in the opinion of the Children's Guardian, is most nearly connected with the conduct of the agency, and
(b) for a relevant entity that is a local government authority--the Minister administering the Local Government Act 1993 , and
(c) for a relevant entity, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act--the Minister administering the Act or the relevant part of the Act, and
(d) for a Schedule 1 entity that is not referred to in paragraphs (a)-(c)--
(i) the Minister whose portfolio has, in the opinion of the Children's Guardian, sufficient funding or regulatory responsibility for the entity to warrant involvement on the Minister's part in relation to the entity, or
(ii) otherwise--the Minister who is, in the opinion of the Children's Guardian, a Minister sufficiently concerned with the conduct of the entity, and
(e) for a person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013 --the Premier, and
(f) for any other relevant entity--the Minister who, in the opinion of the Children's Guardian, is the most closely concerned with the conduct of the entity.

"Schedule 1 entity" see section 13.

"sexual misconduct" see section 22.

"sexual offence" see section 21.

"third party employer" means a person, other than a relevant entity, who engages another person to provide services to children on behalf of a relevant entity, including as a contractor.



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