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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 .



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