New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 8DA

8DA Codes of practice

(1) The regulations may prescribe codes of practice for the purposes of ensuring entities comply with the Child Safe Standards.

(2) A code of practice may apply only to the following entities--

(a) a designated agency,

(b) an adoption service provider,

(c) an entity providing specialised substitute residential care,

(d) an entity prescribed by the regulations.

(3) A code of practice must specify the entities to which it applies.

(4) A code of practice for entities providing specialised substitute residential care must require each entity to complete, within the time specified in the code of practice, a self-assessment of the entity's compliance with the Child Safe Standards.

(5) An entity that fails, without reasonable excuse, to complete the self-assessment within the time specified in the code of practice commits an offence.

: Maximum penalty--10 penalty units.

(6) A code of practice may include the following--

(a) the steps that must be taken to implement the Child Safe Standards,

(b) the outcomes that will indicate compliance with the Child Safe Standards,

(c) other matters relevant to compliance with the Child Safe Standards.

(7) A code of practice that applies to a designated agency or an adoption service provider may also include steps that must be taken to obtain and maintain accreditation under this Act.

(8) An entity must comply with a code of practice that applies to the entity.

Note--: This provision makes the code of practice a mandatory prescriptive requirement for compliance with the Child Safe Standards.

(9) The failure by an entity to comply with a code of practice is grounds for the Children's Guardian to--

(a) conduct an investigation under Division 6, and

(b) following the investigation, if the Children's Guardian considers it appropriate--issue a compliance notice to the entity under Part 9A.