New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 128

128 Functions of Children's Guardian

(1) The principal functions of the Children's Guardian are as follows--

(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 ,

(b) to promote the best interests of all children in out-of-home care,

(c) to ensure the rights of all children in out-of-home care are safeguarded and promoted,

(d) to establish a register for the purpose of the authorisation of individuals as authorised carers, and to maintain that register,

(e) to exercise accreditation functions for designated agencies,

(f) to exercise accreditation functions for adoption service providers,

(f1) to monitor the exercise of functions under the children's care legislation by designated agencies,

(f2) to monitor the exercise of functions under the children's care legislation by accredited adoption service providers in relation to the provision of adoption services,

(f3) to monitor the exercise of functions of the Secretary in relation to the provision of adoption services under the Adoption Act 2000 and the regulations under that Act,

(f4) to investigate compliance with the children's care legislation,

(g) to exercise functions relating to the employment of children, including the making and revoking of exemptions from the requirement to hold an employer's authority,

(h) to develop and administer a voluntary accreditation scheme for persons working with persons who have committed sexual offences against children,

(i) to develop and administer a voluntary accreditation scheme for programs for persons who have committed sexual offences against children,

(j) to encourage organisations to develop the organisations' capacity to be safe for children under the Children's Guardian's public awareness and advice functions specified in the Child Protection (Working with Children) Act 2012 ,

(l) to establish and maintain a register for the application and engagement of individuals as residential care workers,

(m) to administer a reportable conduct scheme and work with relevant entities to prevent, identify and respond to reportable conduct and promote compliance with the scheme,

(n) to educate and provide advice to relevant entities, monitor investigations by relevant entities, make recommendations to relevant entities and investigate reportable allegations or make determinations about convictions considered to be reportable convictions,

(o) to co-ordinate the Official Community Visitor scheme in relation to Official Community Visitors.

(2) Also, the Children's Guardian has any other functions conferred or imposed on the Children's Guardian by or under this Act or any other Act.

(3) The Children's Guardian is not subject to the control or direction of the Minister.