(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.
(1) Schedule 2 provides for powers that may be exercised by an authorised person for the purpose of conducting an investigation under this Division.
(1) A child must not remain in specialised substitute residential care for more than a total of 90 days in a period of 12 months unless the care is provided or supervised by a designated agency.
(1) Employee , of a relevant entity, means the following—
(a) for a Schedule 1 entity—
(i) an individual employed by, or in, the Schedule 1 entity, or (ii) if the entity is an individual—the individual, or (iii) if an individual is engaged directly, or by a third party employer, as a volunteer to provide services to children—the volunteer, or (iv) if an individual is engaged directly, or by a third party employer, as a contractor and the contractor holds, or is required to hold, a working with children check clearance for the purpose of the engagement—the contractor, or (v) if an individual is the head of a third party employer contracted to provide services to children on behalf of a Schedule 1 entity and the individual holds, or is required to hold, a working with children check clearance—the individual, (b) for a public authority—
(i) an individual employed by, or in, the public authority, or (ii) if the public authority is an individual—the individual, or (iii) if an individual is engaged directly, or by a third party employer, as a volunteer to provide services to children—the volunteer, or (iv) if an individual is engaged directly, or by a third party employer, as a contractor and the contractor holds, or is required to hold, a working with children check clearance for the purpose of the engagement—the contractor, or (v) if an individual is the head of a third party employer contracted to provide services to children on behalf of a public authority and the individual holds, or is required to hold, a working with children check clearance—the individual, (c) for a religious body—an individual who holds, or is required by the religious body to hold, a working with children check clearance for the purpose of engagement with the religious body. Example for paragraph (b)(iv)— a dance teacher is employed as a contractor by a dance school. The dance school leases the dance school premises from a local council and is conducting dance classes on behalf of the council. As the dance teacher teaches children, the dance teacher is required to hold a working with children check clearance. The dance teacher is taken to be an employee of the local council for the purposes of this Part.
(1) Reportable allegation , in relation to an employee of a Schedule 1 entity, means an allegation that the employee has engaged in conduct that may be reportable conduct, whether or not the conduct is alleged to have occurred in the course of the employee’s employment with the Schedule 1 entity.
(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 —that the report has been made, and Children and Young Persons (Care and Protection) Act 1998 (g) the nature of the relevant entity’s initial risk assessment and risk management action, and (h) any other information prescribed by the regulations.
(1) The Children’s Guardian may exempt a class or kind of conduct of employees of a relevant entity from notification under section 29.
(1) This section applies if the Commissioner of Police or the Director of Public Prosecutions advises the Children’s Guardian, or the head of a relevant entity, that an investigation or determination under this Part is likely to prejudice a police investigation or court proceeding. (2) The Children’s Guardian or head of the relevant entity may—
(a) suspend the investigation or a determination until otherwise advised, and (b) after consulting the police officer in charge of the investigation or the Director of Public Prosecutions, take steps to manage any risks while the investigation or determination is suspended, and (c) if the investigation or determination was being conducted by the head of a relevant entity—
(i) advise the Children’s Guardian about the suspension under this section, and (ii) advise the Children’s Guardian of the steps being taken to manage risks.
(1) After an investigation or determination is completed, the head of the relevant entity must prepare a report for the Children’s Guardian (an entity report ), unless—
(a) an exemption applies under section 31, or (b) the head of the relevant entity has a reasonable excuse, or (c) the Children’s Guardian consents to an extension of time for the head of the relevant entity to prepare the report. Maximum penalty—10 penalty units.
(1) This section applies if—
(a) the Children’s Guardian makes a finding of reportable conduct or a determination that a conviction is a reportable conviction in relation to an employee of a relevant entity, and (b) in the Children’s Guardian report the Children’s Guardian makes a recommendation for dismissal, removal or punishment of the employee.
(1) This section applies to a relevant entity—
(a) that—
(i) is not a Department, and (ii) does not have a chief executive officer or principal officer, and (b) if the regulations do not prescribe a person or a class of persons as the head of the entity.
(1) The Children’s Guardian may keep the following registers—
(a) a register for carers (the carers register ),(b) a register for residential care workers (the residential care workers register ),(c) a register for children in specialised substitute residential care (the specialised substitute residential care register ).(1A) The Children’s Guardian, and a person prescribed by the regulations for the purposes of this section, may deal with information for the purposes of keeping a register.
(1) This section applies—
(a) to a person whose details are included on a register, and (b) in addition to any requirement under section 14 of the . Privacy and Personal Information Protection Act 1998 (2) The person may ask any of the following entities to give the person all the information that is included on the register in relation to the person—
(a) the Children’s Guardian, (b) the residential care provider who has access to the person’s information under section 86(2).
(1) An employer’s authority is subject to the following conditions—
(a) a condition prescribed by the regulations—
(i) for all employers’ authorities, or (ii) for a class of employers’ authorities to which the authority belongs, (b) a condition imposed by the Children’s Guardian.
(1) The Children’s Guardian may, at the request of the holder of an employer’s authority or on the Children’s Guardian’s own initiative, change the conditions to which the authority is subject by—
(a) revoking or varying a condition of the authority, or (b) imposing a further condition on the authority.
(1) The Children’s Guardian may exempt a person from being required to hold an employer’s authority—
(a) if written notice of the exemption has been given to the person setting out the conditions, if any, on which the exemption was granted, and (b) until the person contravenes a condition on which the exemption was granted. (2) The Children’s Guardian may revoke an exemption by a written notice given to the exempt person but only after—
(a) notice has been given to the person and the notice sets out the reason the Children’s Guardian intends to revoke the exemption, and (b) the Children’s Guardian has taken into consideration any written submission made to the Children’s Guardian by the person within 28 days after the notice was given.
(1)
(1) A copy of a report, given to the Presiding Officer of a House of Parliament under this Division, is to be laid before the House within 15 sitting days of the House after it is received by the Presiding Officer. (2) The Children’s Guardian may include a recommendation that the report be made public.
(1) A child safe organisation that is issued a compliance notice may, within 28 days of receiving the notice, request the Children’s Guardian to review the decision to issue the notice. (2) The Children’s Guardian must comply with a request made under subsection (1) unless, in the opinion of the Children’s Guardian, the request is frivolous or vexatious.
(1) This section applies if a child safe organisation has entered into an enforceable undertaking.
(1) The Children’s Guardian may, for the purpose of exercising the functions of the Children’s Guardian—
(a) give a relevant body information relating to the safety, welfare and wellbeing of a particular child or class of children, and (b) direct a relevant body to give the Children’s Guardian information relating to the safety, welfare and wellbeing of a particular child or class of children. (2) A relevant body, other than the Secretary or a government sector agency, must comply with the direction under subsection (1)(b) within the reasonable time specified in the direction. Maximum penalty—10 penalty units. (3) Information given under subsection (1)—
(a) is not, in proceedings before a court, tribunal or committee, to be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and (b) does not incur liability for defamation, and (c) does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to a matter that, by this Act, is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
section 13 1 the Department of Education, including a government school within the meaning of the Education Act 1990 2 the Ministry of Health 3 a local health district within the meaning of the Health Services Act 1997 4 a non-government school within the meaning of the Education Act 1990 5 a designated agency 6 an approved education and care service within the meaning of the or the Children (Education and Care Services) National Law (NSW) Children (Education and Care Services) Supplementary Provisions Act 2011
sections 48, 84, 103, 148 and 173
sections 48(5) and 149(2)
section 72
section 110A