New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 29

29 Children's Guardian to be given notification of reports

(1) This section applies if the head of a relevant entity--

(a) receives a report in relation to an employee of the relevant entity, or

(b) otherwise becomes aware of a reportable allegation in relation to an employee of the relevant entity or a conviction that is considered to be a reportable conviction.

(2) The head of the relevant entity must give the Children's Guardian a written notice (a
"notification" ) about the reportable allegation or conviction considered to be a reportable conviction that states--

(a) that a report has been received in relation to an employee of the relevant entity, and

(b) the type of reportable conduct the subject of the report, and

(c) the name of the employee, and

(d) the name and contact details of the relevant entity and the head of the relevant entity, and

(e) for a reportable allegation--whether the Commissioner of Police has been notified of the allegation, and

(f) if a report has been made under section 24 of the Children and Young Persons (Care and Protection) Act 1998 --that the report has been made, and

(g) the nature of the relevant entity's initial risk assessment and risk management action, and

(h) any other information prescribed by the regulations.

(3) The notice must also include the following, if known to the head of the relevant entity--

(a) details of the reportable allegation or conviction considered to be a reportable conviction,

(b) the date of birth and working with children number, if any, of the employee the subject of the report,

(c) for a reportable allegation of which the Commissioner of Police has been notified--the police report reference number,

(d) if a report has been made under section 24 of the Children and Young Persons (Care and Protection) Act 1998 --the report reference,

(e) the names of other relevant entities that employ or engage the employee, whether or not directly, to provide a service to children, including as a volunteer or contractor.

(4) The head of the relevant entity must give the Children's Guardian the notice within 7 business days after the head of the entity is made aware of the report, unless--

(a) an exemption applies under section 30, or

(b) the head of the relevant entity has a reasonable excuse.

: Maximum penalty--10 penalty units.

(5) The head of the relevant entity may give the employee the subject of the report written notice that a report about a reportable allegation or conviction considered to be a reportable conviction has been made.

(6) The Children's Guardian may publish guidelines in relation to the matters that are appropriate for the head of a relevant entity to have regard to in deciding whether to provide the employee with written notice under subsection (5).

(7) In this section--

"working with children number" has the same meaning as in the Child Protection (Working with Children) Act 2012 .