New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 144

144 Appointment of Official Community Visitors

(1) The Minister may, on the recommendation of the Children's Guardian, appoint a person as an Official Community Visitor if the person, in the opinion of the Minister--

(a) has appropriate knowledge and expertise in the matters relating to children in care, and

(b) has a commitment to the objects of this Act and the following Acts--

(i) the Adoption Act 2000 ,

(ii) the Children and Young Persons (Care and Protection) Act 1998 ,

(iii) the Children (Education and Care Services) Supplementary Provisions Act 2011 ,

(iv) the Disability Inclusion Act 2014 ,

(v) the Community Welfare Act 1987 ,

(vi) the Community Services (Complaints, Reviews and Monitoring) Act 1993 ,

(vii) the Guardianship Act 1987 , and

(c) has skills in the solving of problems about access to, and the use of, services for children in care, and

(d) is not employed within the Department or the Office of the Children's Guardian.

(2) An Official Community Visitor holds office for the term, not exceeding 3 years, stated in the instrument of appointment, and is eligible for re-appointment.

(3) A person may not be appointed as an Official Community Visitor for consecutive terms totalling more than 6 years.

(4) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an Official Community Visitor.

(5) An Official Community Visitor is not a separate public sector agency and is to be regarded as part of the Department for the purposes of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 .

(6) The Minister may, on the recommendation of the Children's Guardian, remove an Official Community Visitor from office for incompetence, incapacity or misbehaviour.

(7) To remove any doubt, an Official Community Visitor who has a disability (other than mental incapacity) may not be removed from office under subsection (6) on the ground of incapacity unless the disability renders the Official Community Visitor incapable of performing the functions of an Official Community Visitor.