New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[History]
[Help]
CHILDREN'S GUARDIAN ACT 2019 - SCHEDULE 6
SCHEDULE 6 – Dictionary
section 4
"Aboriginal child" --
(a) means a child descended from an Aboriginal person,
and
(b) includes a child the Children's Court has determined is an Aboriginal
child under section 5(2) of the Children and Young Persons (Care and
Protection) Act 1998 .
"Aboriginal person" has the same meaning as in the Aboriginal Land Rights Act
1983 .
"accredited adoption service provider" --see section 110A.
"adoption service" has the same meaning as in the Adoption Act 2000 .
"adoptive parent" has the same meaning as in the Adoption Act 2000 .
"adult" means an individual who is 18 years or more.
"advisory committee" means an advisory committee established under
section 130.
"assault" , for Part 4, see section 25.
"authorised carer" has the same meaning as in the
Children and Young Persons (Care and Protection) Act 1998 .
"authorised officer" , for Schedule 2, see clause 1 of Schedule 2.
"authorised person" see clause 1 of Schedule 2.
"business day" means a day that is not-- (a) a Saturday or Sunday, or
(b) a
public holiday, special holiday or bank holiday in the place in which any
relevant act is to be done or may be done.
"care responsibility" has the same meaning as in the
Children and Young Persons (Care and Protection) Act 1998 .
"child" -- (a) for Part 6--see section 90, or
(b) for Part 7--see
section 109, or
(c) otherwise--means an individual under the age of 18 years.
"child in care" , for Part 9, see section 143.
"child safe action plan" --see section 8F.
"child safe organisation" means 1 of the following-- (a) an entity mentioned
in Schedule 1,
(b) a religious body-- (i) that provides services to children,
or
(ii) in which adults have contact with children,
(c) a local government
authority,
(d) a club or other body providing programs or services of a
recreational or sporting nature for children and in which workers are required
to hold a working with children check clearance under the Child Protection
(Working with Children) Act 2012 ,
(e) an entity, or part of an entity,
prescribed by the regulations for this definition.
"Child Safe Standards" --see section 8C.
"children's care legislation" means the following Acts and the regulations
under the Acts-- (a) this Act,
(b) the Children and Young Persons (Care and
Protection) Act 1998 ,
(c) the Child Protection (Working with Children) Act
2012 ,
(d) the Adoption Act 2000 .
"Children's Court" means the Children's Court of New South Wales constituted
by the Children's Court Act 1987 .
"Children's Guardian" means the Children's Guardian appointed under
section 115.
"Children's Guardian report" , for Part 4, see section 49(1).
"commencement" see section 5(1).
"Commissioner of Police" means the Commissioner of Police appointed under the
Police Act 1990 .
"complaint" , for Part 4, see section 10.
"contractor" , for Part 4, see section 10.
"Department" means the Department of Communities and Justice.
"designated agency" see section 72.
"director" , for Division 2 of Part 11, see section 163.
"employee" , for Parts 3A and 4, see section 16.
"employer's authority" means an employer's authority that has been granted by
the Children's Guardian under Division 3 of Part 6.
"employer's exemption" see section 94(1)(b).
"employment" -- (a) for Part 4--see section 10, or
(b) for Part 6--see
section 90.
"entity" includes a person and an unincorporated body.
"entity report" , for Part 4, see section 36(1).
"executive liability offence" , for Division 2 of Part 11, see section 164.
"film" , for Schedule 2, see clause 1.
"finding of reportable conduct" , for Part 4, see section 26.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"general power" , for Schedule 2, see clause 1.
"head" , of a relevant entity, for Parts 3A and 4, see section 17.
"head of a child safe organisation" means-- (a) for an organisation that is a
Department--the Secretary of the Department or the Secretary's delegate, or
(b) if the regulations prescribe a person or a class of persons as the head of
the organisation--the prescribed person or a person belonging to the class of
persons prescribed, or
(c) otherwise-- (i) the chief executive officer of the
organisation, however described, or
(ii) if there is no chief executive
officer--the principal officer of the organisation, however described, or
(iii) if there is no chief executive officer or principal officer--a person
approved by the Children's Guardian under section 66.
"ill-treatment" , of a child, for Part 4, see section 23.
"inspect" , in relation to a thing, for Schedule 2, see clause 1.
"investigation" , for Part 4, see section 10.
"investigator" , for Part 4, see section 10.
"kin" , of a child, means a person who shares a cultural, tribal or community
connection with the child that is recognised by that child's family or
community.
"local government authority" , for Part 4, see section 15.
"married" means-- (a) 2 persons who are legally married to each other, or
(b)
2 Aboriginal or Torres Strait Islander persons who are living together in a
relationship that is recognised as a marriage according to the traditions of
an Aboriginal community or Aboriginal or Torres Strait Islander group to which
they belong.
"medical practitioner" has the same meaning as in the Health Practitioner
Regulation National Law (NSW) .
"monitoring assessment report" --see section 8B.
"neglect" , for Part 4, see section 24.
"notification" , for Part 4, see section 29(2).
"occupier" , for Schedule 2, see clause 1.
"of" , in relation to a place, for Schedule 2, see clause 1.
"Official Community Visitor" means an Official Community Visitor appointed
under section 144.
"out-of-home care" has the same meaning as in the Children and Young Persons
(Care and Protection) Act 1998 .
"parent" , of a child, means a person having parental responsibility for the
child.
"parental responsibility" , in relation to a child, means all the duties,
powers, responsibilities and authority which, by law, parents have in relation
to their children.
"place" , for Schedule 2, see clause 1.
"premises" , for Schedule 2, see clause 1.
"prescribed agency" --see section 8G.
"principal officer" -- (a) for an adoption service provider--see section 110,
or
(b) for a designated agency--see section 74, or
(c) for an entity
providing specialised substitute residential care--see section 8ZC.
"psychologist" has the same meaning as in the Health Practitioner Regulation
National Law (NSW) .
"public authority" , for Part 4, see section 14.
"public place" , for Schedule 2, see clause 1.
"related body" , for a prescribed agency--see section 8H.
"relative" of a child means any of the following-- (a) a parent, step-parent,
or spouse of a parent or step-parent, of the child,
(b) a grandparent,
brother, sister, step-brother, step-sister, cousin, niece or nephew, uncle or
aunt (whether by blood, marriage, affinity or adoption) of the child,
(c) a
person who has parental responsibility for the child (not being the Minister,
the Secretary or a person who has parental responsibility other than in his or
her personal capacity),
(d) a person who has care responsibility for the
child under the Adoption Act 2000 (not being the Minister, the Secretary or a
person who has care responsibility other than in his or her personal
capacity),
(e) for an Aboriginal child or a Torres Strait Islander child--a
person who is part of the extended family or kin of the child.
"relevant entity" , for Part 4, see section 12.
"religious body" , for Part 4, see section 15A.
"report" , for Part 4, see section 10.
"reportable allegation" see section 18.
"reportable conduct" see section 20.
"reportable conduct flag" , in relation to a person, means a notation on a
register that the person is the subject of an investigation or determination
under the reportable conduct scheme.
"reportable conduct scheme" see section 11.
"reportable conviction" see section 19.
"reside" , on a property, has the same meaning as
"reside on a property" in the Child Protection (Working with Children) Act
2012 .
"residential care" means statutory out-of-home care or supported out-of-home
care that is provided-- (a) under an arrangement by a designated agency, and
(b) at-- (i) a home, managed by a designated agency, or
(ii) a place where
accommodation is provided on a temporary basis.
"residential care provider" means a designated agency that arranges the
provision of residential care.
"residential care worker" means-- (a) a person who provides residential care,
or
(b) a person prescribed by the regulations.
"responsible Minister" , for Part 4, see section 10.
"Royal Commission recommendations" --see section 8B.
"Schedule 1 entity" , for Part 4, see section 13.
"Secretary" means the Secretary of the Department.
"service" , for Part 9, see section 143.
"service provider" -- (a) for Part 9--see section 143, or
(b) for Part
10--see section 153.
"sexual misconduct" , for Part 4, see section 22.
"sexual offence" , for Part 4, see section 21.
"specialised substitute residential care" means substitute residential care
for a child-- (a) funded by the National Disability Insurance Scheme under the
National Disability Insurance Scheme Act 2013 of the Commonwealth, or
(b)
provided for the purposes of respite services or behaviour support.
"spouse" , of a person, means the following but, if more than one person would
qualify as the person's spouse, means only the latest person to qualify-- (a)
a person to whom the person is legally married (including a husband or wife of
the person),
(b) the person's de facto partner.
"statutory out-of-home care" has the same meaning as in the
Children and Young Persons (Care and Protection) Act 1998 .
"step-parent" , in relation to a particular person, means a person who-- (a)
is not a birth parent, parent or adoptive parent of the particular person, and
(b) is married to the particular person's birth parent or adoptive parent or
is the de facto partner of the birth parent or adoptive parent.
"substitute residential care" means care-- (a) involving the provision of
accommodation together with food, care and other support, and
(b) in the
State for more than 2 nights in any period of 7 days, and
(c) of a type
ordinarily provided to children in a home environment, provided by persons
other than the child's parents or relatives.
"supported out-of-home care" has the same meaning as in the
Children and Young Persons (Care and Protection) Act 1998 .
"the commencement" see section 5(2).
"Torres Strait Islander child" -- (a) means a child descended from a Torres
Strait Islander person, and
(b) includes a child the Children's Court has
determined is a Torres Strait Islander child under section 5(3) of the
Children and Young Persons (Care and Protection) Act 1998 .
"Torres Strait Islander person" means a person who-- (a) is descended from a
Torres Strait Islander person, and
(b) identifies as a Torres Strait Islander
person, and
(c) is accepted as a Torres Strait Islander person by a Torres
Strait Islander community.
"under" , for an Act or a provision of an Act, includes-- (a) by, and
(b) for
the purposes of, and
(c) in accordance with, and
(d) within the meaning of.
"visitable service" , for Part 9, see section 143.
"working with children check clearance" has the same meaning as in the Child
Protection (Working with Children) Act 2012 .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback