Children and Young Persons (Care and Protection) Regulation 2012 (NSW)
This Regulation is the Children and Young Persons (Care and Protection) Regulation 2012.
This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website.
This Regulation replaces the Children and Young Persons (Care and Protection) Regulation 2000 which is repealed on 1 September 2012 by section 10(2) of the Subordinate Legislation Act 1989.
In this Regulation—
See Services check—see clause 1 of Schedule 2.
(a) under an arrangement by a designated agency, and
(b) in a residential setting.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
In this Regulation, a reference to—
(a) a Public Service agency or other organisation includes a reference to part of an agency or organisation, and
(b) an organisation that has applied for accreditation as a designated agency includes a designated agency that has applied for renewal of accreditation as a designated agency.
(Repealed)
Notes included in this Regulation do not form part of this Regulation.
(Repealed)
For the purposes of section 90(2) of the Act, factors which indicate a significant change in the relevant circumstances of a child or young person since a care order was made or last varied include (but are not limited to) the following—
(a) the parents of the child or young person concerned have not met their responsibilities under an applicable care plan or permanency plan involving restoration,
(b) a finding by the Children’s Court under section 82(3) of the Act that proper arrangements have not been made for the care or protection of the child or young person,
(c) an application for a guardianship order has been made with respect to the child or young person,
(d) in the case of a guardianship order—the guardian is unable or unwilling to meet the guardian’s responsibilities with respect to the child or young person.
For the purposes of section 186(3)(d) of the Act, a Department Head of any Department of the Public Service is prescribed as an
A person affected by any of the following decisions of the Children’s Guardian may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision—
(a) to impose or not to impose a condition on—
(i) the process of accreditation as a designated agency, or
(ii) the accreditation of a designated agency, or
(iii) the registration of an organisation for the purposes of Part 3A of Chapter 8 of the Act,
(b) to vary or revoke any such condition,
(c) to shorten the accreditation period, or suspend or cancel the accreditation, of a designated agency,
(d) to refuse an application for registration of an organisation for the purposes of Part 3A of Chapter 8 of the Act,
(e) to cancel the registration of an organisation for the purposes of Part 3A of Chapter 8 of the Act.
Section 245(1) of the Act sets out a number of other decisions that are administratively reviewable by the Civil and Administrative Tribunal.
For the purposes of paragraph (f) of the definition of
(a) a State regulated education and care service within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011,
(b) an education and care service within the meaning of the Children (Education and Care Services) National Law (NSW),
(b1) a registered community housing provider within the meaning of Part 3 of the Community Housing Providers (Adoption of National Law) Act 2012,
(c) a designated agency,
(d) a registered agency,
(e) an accredited adoption service provider within the meaning of the Adoption Act 2000,
(f) the Family Court of Australia,
(g) the Federal Circuit Court of Australia,
(h) the Commonwealth Department of Human Services,
(i) the Commonwealth Department of Immigration and Border Protection, or any successor of that Department,
(ia) the Indigenous Affairs Group within the Commonwealth Department of the Prime Minister and Cabinet, or any successor of that group or Department that is responsible for indigenous affairs.
(j) any other organisation the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare, education, children’s services, residential services, or law enforcement, wholly or partly to children.
For the purposes of paragraph (b) of the definition of
(a) enrolled nurses and registered nurses,
(b) medical practitioners,
(c) midwives,
(d) psychologists,
(e) occupational therapists,
(f) speech pathologists eligible for membership of Speech Pathology Australia,
(g) the Australian Capital Territory Community Services Directorate, or any successor of that Directorate,
(h) the Northern Territory’s Territory Families, or any successor of that entity,
(i) the Queensland Department of Child Safety, Youth and Women, or any successor of that Department,
(j) the South Australian Department for Child Protection, or any successor of that Department,
(k) the Department of Communities Tasmania, or any successor of that Department,
(l) the Victorian Department of Health and Human Services, or any successor of that Department,
(m) the Western Australian Department of Communities, or any successor of that Department.
For the meaning of references in this clause to health practitioners see section 21D of the Interpretation Act 1987 and the Health Practitioner Regulation National Law (NSW).
(Renumbered as clause 23B)
(Renumbered as clause 23B)(Repealed)
This clause applies to anything the Children’s Guardian is required or authorised to do under this Regulation or the Children and Young Persons (Savings and Transitional) Regulation 2000 if done by way of a written instrument.
The instrument takes effect on the date of its execution unless it otherwise provides.
Any record made under the Act or this Regulation may be kept in written or in electronic form.
A person who is entitled under section 14(2) of the Act to have access to records relating to the placement of an Aboriginal or Torres Strait Islander child or young person may request access to those records.
A request under this clause—
(a) is to be made to the Secretary, and
(b) may be made orally or in writing, and
(c) must be accompanied by documentary proof of the person’s identity.
The Secretary is to give access to such records by—
(a) making the records available for inspection, or
(b) providing a copy of the records.
The Secretary must give access to records within 20 working days after receiving such a request, except as provided by this clause.
If it is not reasonably practicable to give access within 20 working days, then before that period has expired the Secretary must—
(a) explain to the person concerned the reasons why access to the records cannot be given within that period, and
(b) extend (or further extend) by up to 10 working days (with a maximum extension under this subclause of 15 working days for any particular request).
The period can also be extended (and further extended) by agreement with the person requesting access to the records.
In this clause,
Other legislation also governs access to records, including but not limited to the following—
(a) section 29 of the Act,
(b) the Health Records and Information Privacy Act 2002,
(c) the Privacy and Personal Information Protection Act 1998.
Section 27 of the Act applies to the following classes of persons—
(a) a person who, in the course of his or her professional work or other paid employment delivers disability services wholly or partly to children,
(b) a person who holds a management position in an organisation the duties of which include direct responsibility for, or direct supervision of, the provision of disability services wholly or partly to children.
The operation of section 27A of the Act is extended to employees of, or persons engaged by, any organisation that is, or is eligible to become, an ordinary member or associate member of the Aboriginal Health and Medical Research Council of NSW (a
For that purpose—
(a) a reference in section 27A of the Act to a staff member is taken to include a reference to an employee of, or person engaged by, a relevant Aboriginal organisation, and
(b) the NSW Health Service is taken to be the relevant agency under section 27A of the Act in relation to any employee of, or person engaged by, a relevant Aboriginal organisation.
The operation of section 27A of the Act is extended to employees of, or persons engaged by, affiliated health organisations and who are not employed in or engaged by the NSW Health Service.
For that purpose—
(a) a reference in section 27A of the Act to a staff member is taken to include a reference to an employee of, or person engaged by, an affiliated health organisation, and
(b) the NSW Health Service is taken to be the relevant agency under section 27A of the Act in relation to any employee of, or person engaged by, an affiliated health organisation.
In this clause—
The operation of section 27A of the Act is extended to registered medical practitioners, and general practice nurses, to whom section 27 of the Act applies but who are not employed in or engaged by the NSW Health Service.
For that purpose—
(a) a reference in section 27A of the Act to a staff member is taken to include a reference to such a registered medical practitioner or general practice nurse, and
(b) the NSW Health Service is taken to be the relevant agency under section 27A of the Act in relation to any such registered medical practitioner or general practice nurse.
In this clause—
The operation of section 27A of the Act is extended to employees of, or persons engaged by, private health facilities, who provide services to the public on behalf of a statutory health organisation or the Ministry of Health.
For that purpose—
(a) a reference in section 27A of the Act to a staff member is taken to include a reference to an employee of, or person engaged by, a private health facility referred to in subclause (1), and
(b) the NSW Health Service is taken to be the relevant agency under section 27A of the Act in relation to any employee of, or person engaged by, a private health facility referred to in subclause (1).
In this clause—
A person is authorised to provide to the Children’s Guardian, and the Children’s Guardian is authorised to collect and use, any information relevant to the exercise of the functions of the Children’s Guardian under this Regulation or the Children and Young Persons (Savings and Transitional) Regulation 2000, including, but not limited to, information relevant to the following—
(a) the assessment of an individual’s suitability to be an authorised carer,
(b) the assessment of the suitability of a Public Service agency or an organisation to be accredited as a designated agency,
(c) the assessment of the suitability of a Public Service agency or an organisation to be registered as a registered agency.
A person is authorised to provide to a designated agency, and the agency is authorised to collect and use, any information relevant to the exercise of the agency’s functions under those regulations, including information relevant to the assessment of an individual’s suitability to be an authorised carer.
A person is authorised to provide to a relevant agency (within the meaning of section 156(1) of the Act), and the relevant agency is authorised to collect and use, any information relevant to voluntary out-of-home care that is provided, arranged or supervised by the agency.
This clause does not operate to limit the information the Children’s Guardian or a relevant agency may collect or use to information provided by another person authorised to do so under this clause.
This clause is subject to any prohibition on the provision of information under any other law.
For the purposes of paragraph (b) of the definition of
(a) persons who are commissioned police officers of the Australian Federal Police,
(b) persons holding a rank of or above the rank of Superintendent in the Northern Territory Police Force,
(c) persons holding appointment as commissioned police officers of the Queensland Police Service,
(d) persons holding the rank of inspector or above in South Australia Police,
(e) persons holding the rank of inspector or above in the Tasmanian Police Service,
(f) persons holding or acting in the rank of inspector or above in the Victorian police force,
(g) persons holding appointment as commissioned police officers of the Western Australian Police Force.
For the purposes of section 78(5) of the Act, a care plan—
(a) is to be in a form approved by the Secretary following consultation with the Children’s Court Advisory Committee established under the Children’s Court Act 1987, and
(b) is to include the following information—
(i) the date on which the care plan is made,
(ii) the name of each person, agency or body participating in the plan, and their relationship to the child or young person,
(iii) the method by which the views of the parents and child or young person were obtained (for example, by interview in person or over the telephone, and whether the persons were spoken to separately or together).
A care plan is to contain information about the following matters when relevant to the circumstances of the child or young person concerned—
(a) the family structure and significant family and other relationships of the child or young person,
(b) the history, development and experience of the child or young person,
(c) the relationship between the child or young person and his or her parents,
(d) the ethnic background and religion of the child or young person,
(e) whether the child or young person is of Aboriginal or Torres Strait Islander descent and which communities the child or young person identifies with,
(f) the principal language spoken in the family home of the child or young person,
(g) issues of social, cultural, educational or economic significance in relation to the child or young person or his or her family,
(h) the nature of the relationships between members of the child’s or young person’s family and the capacity of the parents to adapt or deal with circumstances affecting the family,
(i) if practicable, the views of the child or young person as to the services that need to be provided to him or her and his or her family,
(j) the views of the parents of the child or young person as to the services that need to be provided to the child or young person and his or her family,
(k) the views of the Secretary as to the services that need to be provided to the child or young person and his or her family,
(l) if the views referred to in paragraphs (i) and (j) were not obtained, the reasons why they were not obtained,
(m) such other matters as the Secretary considers appropriate.
The care plan is to make provision for the matters specified in section 78(2) of the Act, and in addition is to set out the following matters—
(a) the resources required to provide any services that need to be provided to the child or young person and the availability of those resources to achieve that purpose,
(b) the plans or arrangements to meet the education and training needs of the child or young person,
(c) whether any contact arrangements may require an application for a contact order in relation to the child or young person under section 86 of the Act,
(d) the role and responsibilities of each person, agency or body participating in the plan, and the approximate period of time during which those responsibilities are to be carried out,
(e) if more than one agency or body participates in the care plan, the agency or body that is to have overall responsibility for co-ordinating the plan and the delivery of services to the child or young person and his or her family,
(f) an initial date on which the progress of the plan is to be assessed by the agency or body having overall responsibility for co-ordinating the plan, and the frequency of subsequent assessments by that agency or body,
(g) indicators by which to assess the extent to which the care plan is successful,
(h) if restoration of the child or young person is to be considered at a later time, the goals to be achieved by the parents of the child or young person to facilitate his or her restoration to their care, and the approximate period of time in which those goals are to be attained having regard to the age and developmental needs of the child or young person.
The matters for which a care plan must make provision under section 78(2) of the Act are—
(a) the allocation of parental responsibility between the Minister and the parents of the child or young person for the duration of any period for which the child or young person is removed from the care of his or her parents,
(b) the kind of placement proposed to be sought for the child or young person, including—
(i) how it relates in general terms to permanency planning for the child or young person, and
(ii) any interim arrangements that are proposed for the child or young person pending permanent placement and the timetable proposed for achieving a permanent placement,
(c) the arrangements for contact between the child or young person and his or her parents, relatives, friends and other persons connected with the child or young person,
(d) the agency designated to supervise the placement in out-of-home care,
(e) the services that need to be provided to the child or young person.
The care plan is to be accompanied by a copy of any relevant report on the health, educational or social well-being of the child or young person that, in the opinion of the Secretary, should be considered by the Children’s Court.
The care plan is to refer to the views of any person who has expressed disagreement with any of the provisions of the plan.
The care plan is to be signed by each person, agency or body who has agreed to participate in the plan. The plan may be, but is not required to be, signed by the child or young person concerned.
Under section 10 of the Act (The principle of participation), the Secretary is responsible for providing a child or young person with information, assistance and opportunities that will enable the child or young person to participate in decisions made under or pursuant to the Act that have a significant impact on his or her life. Those decisions include the development and review of care plans concerning the child or young person.
An alternative parenting plan that is submitted to the Children’s Court under section 116 or 119 of the Act for an order approving the plan or for registration of the plan—
(a) is to be in a form acceptable to the Children’s Court, and
(b) is to include the following information—
(i) the date on which the alternative parenting plan is made,
(ii) the name of each party to the plan, and their relationship to the child or young person,
(iii) the method by which the views of the parents and child or young person were obtained (for example, by interview in person or over the telephone, and whether the persons were spoken to separately or together), and
(c) is to set out the way in which the needs of the child or young person are proposed to be met, and any proposals concerning—
(i) allocation of parental responsibility or specific aspects of parental responsibility, and
(ii) residential arrangements, and
(iii) supervision, and
(iv) contact arrangements with the parents, relatives or other persons of significance to the child or young person (in particular, whether any contact arrangements may require an application for a contact order in relation to the child or young person under section 86 of the Act), and
(v) education and training, and
(vi) medical care, and
(vii) the provision of services.
An alternative parenting plan that is formulated by the Secretary or a support service organisation is to contain information about the following matters when relevant to the circumstances of the child or young person concerned—
(a) the matters referred to in clause 22(2)(a)–(j) and (l) and (3)(a),
(b) if the Secretary or any support service organisation is a party to the proceedings, their views as to the services that need to be provided to the child or young person and his or her family,
(c) such other matters as the Secretary or the support service organisation considers appropriate.
The alternative parenting plan is to specify the role and responsibilities of each party to the plan, and the approximate period of time during which those responsibilities are to be carried out.
The alternative parenting plan is to be accompanied by a copy of any relevant report on the physical, psychological, psychiatric or social well-being of the child or young person that, in the opinion of the person formulating the plan, should be considered by the Children’s Court.
The alternative parenting plan is to refer to the views of any person who has expressed disagreement with any of the provisions of the plan.
The alternative parenting plan is to be signed by each person, agency or body who has agreed to participate in the plan. The plan may be, but is not required to be, signed by the child or young person concerned.
In this clause—
A guardian of a child or young person who is provided with financial assistance under section 79C of the Act must, within 21 days of the child or young person leaving the guardian’s care, advise the Secretary in writing of that fact.
A consent referred to in section 79A(3)(d) of the Act—
(a) must be in writing, and
(b) must be signed by the child or young person concerned in the presence of a witness, and
(c) must bear a statement from the witness that, at least 14 days before the consent was signed, the witness explained the nature and effect of the guardianship order to the child or young person and informed the child or young person in a language and manner that the child or young person could understand—
(i) that, if the order is made, all aspects of parental responsibility for the child or young person will be allocated under the order to a specified person (or jointly to more than one specified person), and
(ii) that any such order may be varied or rescinded under section 90 of the Act, and
(iii) that the child or young person is entitled to obtain independent legal advice before signing the consent.
The witness referred to in subclause (1)(b) is to be—
(a) the principal officer of the designated agency responsible for supervising the placement of the child or young person or an employee of that agency who has been directly involved in the supervision of the child or young person’s placement, or
(b) an Australian legal practitioner.
An applicant for a guardianship order must present a suitability statement prepared by the assessment body to the Children’s Court before the order is made.
A suitability statement must state that the assessment body—
(a) is satisfied that the prospective guardian and any adult residing at the prospective guardian’s home have complied with the applicable requirements of the Child Protection (Working with Children) Act 2012, and
Note— See section 11A of the Child Protection (Working with Children) Act 2012.
(b) has obtained or conducted the suitability assessments of the prospective guardian and persons that reside on the same property as the prospective guardian in accordance with this clause and Schedule 2, and
(c) has provided information to the prospective guardian about the role of a guardian, and
(d) has considered, having regard to the functions imposed on a guardian by or under the Act, any information held by the assessment body and all the circumstances of the case—
(i) the risk, if any, to the child or young person of assessing the prospective guardian as suitable to be a guardian, and
(ii) the risk, if any, that the prospective guardian may be unable to properly perform the functions of a guardian.
The assessment body may require a prospective guardian to furnish to the assessment body such information as the assessment body may reasonably require in order to assess the prospective guardian’s suitability to be a guardian of the child or young person.
The assessment body must conduct a review of the placement of a child or young person in out-of-home care if the child or young person is to be the subject of an application for a guardianship order.
For the purposes of Schedule 2 (Uniform suitability assessment requirements) the prospective guardian and each person who resides on the same property as the prospective guardian for more than 21 days (other than a child in out-of-home care) are assessable persons.
In this clause (and Schedule 2 to the extent that it relates to this clause)—
(a) if the prospective guardian is an authorised carer authorised by a designated agency (other than the Department or part of the Department) or who provides out-of-home care that is supervised by such a designated agency—the designated agency, and
(b) in any other case—the Secretary.
(Repealed)
For the purposes of section 173(1) of the Act, the prescribed form of notice is Form 1 set out in Schedule 1.
Section 80(1) of the Interpretation Act 1987 provides that where a form is prescribed by, or approved under, an Act, strict compliance with the form is not necessary but substantial compliance is sufficient.
(Repealed)
An authorised carer for a child in statutory out-of-home care must immediately notify the designated agency that has supervisory responsibility for the placement of the child if a medical practitioner prescribes administration of a psychotropic drug to the child.
On receiving notification under subclause (1), the principal officer of the designated agency must prepare, or cause to be prepared and approve, a behaviour support plan for the child that takes into account administration of the drug.
This clause applies in relation to the administration of a psychotropic drug that is also a drug of addiction even if the drug is administered in accordance with an exemption referred to in section 175(4A) of the Act.
For example, methylphenidate (also known as Ritalin) is a psychotropic drug and is also a drug of addiction referred to in paragraph (c1) of the definition of
In this clause—
An application to the Children’s Court for the review of a temporary care arrangement must be in writing.
A person who applies for a review of a temporary care arrangement is, as soon as practicable after the application is made, to cause a copy of the application (on which is endorsed the time, date and place set down for the hearing of the application) to be served on—
(a) in the case of an application made on behalf of the child or young person the subject of the arrangement—each person having parental responsibility for the child or young person who can reasonably be located, or
(b) in the case of an application by a person having parental responsibility for the child or young person—the child (if the child is of or above the age of 10 years) or young person.
A child or young person who applies for review of a temporary care arrangement is not required to serve a copy of the application on any other person.
For the purposes of section 135(3)(c) of the Act, the following are prescribed as not being out-of-home care—
(a) boarding services provided by an educational institution, or a body affiliated to an educational institution, to enable children and young people to attend the institution,
(b) a holiday camp, outdoor recreation centre or similar facility where children and young people undertake or receive education, training or instruction in academic, religious, athletic or recreational pursuits, but does not include any such camp, centre or facility the primary purpose of which is to give respite to the carers of children and young people or to address the challenging behaviour of children and young people,
(c) a private health facility licensed under the Private Health Facilities Act 2007,
(d) health services under the Health Services Act 1997,
(e) adoption services under the Adoption Act 2000,
(f) any place used for the detention of children and young persons pending criminal proceedings (including police custody), or a detention centre within the meaning of the Children (Detention Centres) Act 1987,
(g) placement with a person authorised as an authorised carer under section 137(1)(c) of the Act in accordance with arrangements that do not involve supervision by a designated agency,
(h) SAAP arrangements funded under the Supported Accommodation Assistance Act 1994 of the Commonwealth,
(i) placement arrangements provided to give respite to children and young persons who are carers and their siblings.
In this clause,
In this Division—
(a) the Secretary (or an officer delegated the Secretary’s functions for the purposes of this clause), or
(b) an officer or employee of the designated agency that has supervisory responsibility for a child or young person in the care of an authorised carer.
A natural person may apply in writing to a designated agency to be authorised as an authorised carer.
On receipt of any such application, the designated agency must provide the applicant with the following information—
(a) information about the rights and responsibilities of authorised carers,
(b) information about the process for authorising applicants including the criteria that an applicant must satisfy to be authorised,
(c) information about permanent placement options for a child or young person in out-of-home care.
An applicant can withdraw an application (by verbal or written notice to the designated agency) at any time before the application has been determined by the agency.
A designated agency must not authorise an applicant under this clause unless the agency has determined that the applicant is capable and suitable to be an authorised carer.
A designated agency must not determine under subclause (4) that an applicant is capable and suitable to be authorised as an authorised carer unless—
(a) the applicant has furnished to the agency such information as the agency may reasonably require in order to assess the applicant’s capability and suitability to be an authorised carer, and
(b) the agency is satisfied that the applicant and any adult residing on the same property as the applicant have complied with the requirements of the Child Protection (Working with Children) Act 2012 for engaging in child-related work as an authorised carer, and
(c) the agency has obtained or conducted the suitability assessments of the applicant and persons that reside on the same property as the applicant in accordance with this clause and Schedule 2 and has determined that the result of each element of the assessment is satisfactory, and
(d) the applicant has completed to the satisfaction of the agency any education or training required by the agency, and
(e) the applicant has provided a signed statement that the applicant has read, understood and will comply with the code of conduct for authorised carers, and
(f) the agency has taken into account—
(i) the functions of an authorised carer and any risk that the applicant would be unable to properly perform those functions, and
(ii) any risk to a child or young person were the applicant to be authorised (including risks from the applicant’s home or persons who reside on the same property as the applicant), and
(iii) any relevant information available to the agency.
For the purposes of Schedule 2, the designated agency is an assessment body and the applicant and each person who resides on the same property as the applicant for more than 21 days (other than a child in out-of-home care) are assessable persons.
A designated agency may determine an application under this clause by—
(a) approving the application and authorising the applicant as an authorised carer, or
(b) refusing the application.
An authorisation of an authorised carer comes into force when a Carer Authorisation Number is allocated to the authorised carer under clause 86B.
The principal officer of a designated agency is to carry out the functions of the agency under subclauses (5) and (7), unless the Children’s Guardian approves the carrying out of those functions by another person.
Failure to comply with subclause (9) does not affect the validity of the authorisation of any authorised carer under this clause.
A designated agency may, in an emergency, authorise a natural person who is a relative or kin of a child or young person or who is known to the child or young person as an authorised carer for the child or young person on a provisional basis (a
A designated agency must not authorise a person under this clause unless the agency has determined that the person is capable and suitable to be authorised as an authorised carer on a provisional basis.
A designated agency must not determine that a person is capable and suitable to be authorised as an authorised carer on a provisional basis unless—
(a) the person has furnished to the agency such information as the agency may reasonably require in order to assess the person’s suitability to be authorised as an authorised carer on a provisional basis, and
(b) the agency has carried out an inspection of the person’s home and determined that it will provide a safe and secure environment for any child or young person in out-of-home care who may reside in the home, and
(c) having regard to the functions imposed on an authorised carer by or under the Act, any information possessed by the agency and all the circumstances of the case, the agency has estimated—
(i) the risk, if any, to any child or young person in authorising the person as an authorised carer on a provisional basis, and
(ii) the risk, if any, that the person may be unable to properly perform the functions of an authorised carer on a provisional basis.
A designated agency may obtain or conduct the suitability assessment requirements set out in Schedule 2 in respect of the person who is to be authorised as an authorised carer on a provisional basis and any person who resides on the same property as the person.
For the purposes of Schedule 2, the designated agency is an assessment body and the person who is authorised as an authorised carer on a provisional basis and any adult who resides on the same property as the person for more than 21 days (other than a child in out-of-home care) are assessable persons.
A provisional authorisation—
(a) authorises the authorised carer to provide out-of-home care to any child or young person who is a relative or kin of the carer or who knows the carer and who is placed in the care of the carer by a designated agency, and
(b) takes effect on the day that the first such child or young person is placed with the carer.
A designated agency must, when authorising a person as an authorised carer on a provisional basis, make all reasonable efforts to inform the person (and any adult who resides on the same property as the person) of the relevant requirements of the Child Protection (Working with Children) Act 2012.
See sections 6(3)(c) and 10 of the Child Protection (Working with Children) Act 2012 and the regulations under that Act that relate to those sections.
It is a condition of a provisional authorisation that—
(a) the authorised carer take all reasonable steps to become authorised as an authorised carer under clause 30, and
(b) the authorised carer furnishes to the agency such further information as the agency may reasonably require in order to continue to assess the carer’s suitability to continue to be authorised as an authorised carer on a provisional basis.
The principal officer of a designated agency is to carry out the functions of the agency under subclauses (1) and (3), unless the Children’s Guardian approves the carrying out of those functions by another person.
Failure to comply with subclause (9) does not affect the validity of the authorisation of any authorised carer under this clause.
A person who is authorised as an authorised carer on a provisional basis and who does not have a current application under clause 30 is, at the time the provisional authorisation takes effect, taken to have a made such an application.
The Children’s Guardian, when it becomes aware that a provisional authorisation has continued for more than 3 months, must monitor the designated agency’s progress in determining the application that is made (or taken to have been made) under clause 30.
The Children’s Guardian may direct a designated agency to cancel a provisional authorisation that has continued for 3 months or more by notice in writing to the designated agency. A designated agency must comply with any such direction.
The cancellation of a provisional authorisation of a person is taken to be a decision by the designated agency to refuse an application by the person under clause 30.
A provisional authorisation of a person ceases to have effect when an application by the person for authorisation as an authorised carer is determined under clause 30.
A designated agency must, as soon as practicable after becoming aware that a person (other than a child or young person in out-of-home care) has resided or will reside for more than 21 days on the same property as an authorised carer who has been authorised under clause 30 or 31, obtain or conduct a suitability assessment of the person in accordance with Schedule 2.
A designated agency also has obligations under the Child Protection (Working with Children) Act 2012 in respect of persons residing on the same property as authorised carers.
For the purposes of Schedule 2 (Uniform suitability assessment requirements) the designated agency is an assessment body and the person who resides on the same property as the authorised carer is an assessable person.
A designated agency may, in an emergency, authorise a natural person as an authorised carer if the person is—
(a) an employee of the agency whose duties include providing, or supervising the provision of, care to children or young persons, or
(b) a
contractor being a natural person engaged by the agency (other than an employee of the agency) under a contract to provide services that include providing, or supervising the provision of, care to children or young persons, or(c) an employee of a contractor whose duties as an employee include providing care to children or young persons.
The authorisation of a person under subclause (1) may be for a maximum of 72 hours.
A designated agency must not authorise a person under this clause unless the agency has determined that the person is suitable to be an authorised carer.
A designated agency must not determine under subclause (2) that a person is suitable to be authorised as an authorised carer unless—
(a) the person has furnished to the agency such information as the agency may reasonably require in order to assess the person’s suitability to be an authorised carer, and
(b) the agency is satisfied that the person has complied with the requirements of the Child Protection (Working with Children) Act 2012 for engaging in child-related work as an authorised carer, and
(c) the agency has determined that the person is capable and suitable to be authorised as an authorised carer taking into account—
(i) the relevant functions of an authorised carer and any risk that the person would be unable to properly perform those functions, and
(ii) any relevant information available to the agency.
For the purpose of determining under subclause (2) whether a person is suitable to be an authorised carer, the designated agency may make such inquiries as to the person as the agency considers appropriate, including—
(a) a nationwide criminal record check, and
(b) any other relevant probity check relating to the previous employment or other activities of the person.
The principal officer of a designated agency is to carry out the functions of the agency under subclauses (1), (3) and (4), unless the Children’s Guardian approves the carrying out of those functions by another person.
Failure to comply with subclause (5) does not affect the validity of the authorisation of any authorised carer under this clause.
A designated agency must not authorise a person under this clause more than once.
A designated agency may authorise a natural person as an authorised carer if—
(a) the person is a residential care worker, and
(b) the agency has conducted each check required for the person by the Children’s Guardian Regulation 2022, Part 2, Division 2, and
(c) the agency has determined the person is capable and suitable to be an authorised carer, taking into account—
(i) the relevant functions of an authorised carer and any risk that the person would be unable to properly perform those functions, and
(ii) any relevant information available to the agency.
The functions of a designated agency under subclause (1)(b) and (c) are to be undertaken by the principal officer of the agency and may, with the approval of the Children’s Guardian, be delegated to another person.
Failure to comply with subclause (2) does not affect the validity of an authorisation under this clause.
A person authorised as an authorised carer under clause 31B or 31C is authorised to provide care only—
(a) for a child or young person for whom care is being provided or supervised by the designated agency that authorised the person, and
(b) in a residential setting.
A caseworker is taken to be authorised under clause 31B.
In this clause—
For the purpose of a designated agency making arrangements for the provision of residential care for a child or young person with an interstate agency, an interstate residential care worker is taken to be an authorised carer if the interstate agency satisfies the designated agency that all persons employed or engaged by the interstate agency to provide residential care to children and young people—
(a) have been assessed as capable and suitable to provide that care, and
(b) hold a current working with children check clearance or its equivalent in the relevant State, and
(c) have undergone a nationwide criminal record check and the outcome of the check was satisfactory.
An interstate residential care worker taken to be authorised under this clause is not taken to be authorised for the purpose of providing out-of-home care in New South Wales.
In this clause—
(a) the child welfare agency of another State, or
(b) a service provider that is funded by or contracted by the child welfare agency of another state to provide residential care to children and young people.
In this clause—
(a) is permanent or is likely to be permanent, and
(b) results in a significantly reduced capacity in one or more major life activities, such as communication, learning, mobility, decision-making or self-care.
The Department, in its capacity as a designated agency, may authorise a natural person as an authorised carer who can provide special out-of-home care if the person is—
(a) an employee of a special care provider whose duties include providing, or supervising the provision of, care to children or young persons, or
(b) a
contractor , being a natural person engaged by a special care provider (other than an employee of the special care provider) under a contract to provide services that include providing, or supervising the provision of, care to children or young persons, or(c) an employee of a contractor whose duties as an employee include providing care to children or young persons.
The Department must not authorise a person under subclause (2) unless the relevant special care provider has—
(a) informed the Department that the special care provider is satisfied that the person has complied with the requirements of the Child Protection (Working with Children) Act 2012 for the child-related work as an authorised carer, and
(b) done anything else it is required to do under that Act in relation to the authorisation, whether before or after the commencement of this clause.
Section 10 of the Child Protection (Working with Children) Act 2012 requires adults residing at the homes of authorised carers (other than carers who are exempt from that Act) to hold working with children check clearances. The designated agency that authorises the authorised carer concerned must ensure that the adults comply with the requirement.
The Department must not place a child or young person in the out-of-home care of a person authorised under subclause (2) unless the Department has—
(a) determined that the child or young person has special needs for out-of-home care that can be best met by such a placement, and
(b) consulted the Children’s Guardian about the placement.
In this clause—
A designated agency may authorise a natural person as an authorised carer who can provide respite for other authorised carers if the person is—
(a) an employee of a respite care provider whose duties include providing, or supervising the provision of, care to children or young persons, or
(b) a
contractor , being a natural person engaged by a respite care provider (other than an employee of the respite care provider) under a contract to provide services that include providing, or supervising the provision of, care to children or young persons, or(c) an employee of a contractor whose duties as an employee include providing care to children or young persons.
The designated agency must not authorise a person under subclause (2) unless the relevant respite care provider has—
(a) informed the agency that the respite care provider is satisfied that the person has complied with the requirements of the Child Protection (Working with Children) Act 2012 for the child-related work as an authorised carer, and
(b) done anything else it is required to do under that Act in relation to the authorisation, whether before or after the commencement of this clause.
Section 10 of the Child Protection (Working with Children) Act 2012 requires adults residing at the homes of authorised carers (other than carers who are exempt from that Act) to hold working with children check clearances. The designated agency that authorises the authorised carer concerned must ensure that the adults comply with the requirement.
The principal officer of a designated agency is to carry out the functions of the agency under subclause (2), unless the Children’s Guardian approves the carrying out of those functions by another person.
Failure to comply with subclause (4) does not affect the validity of any authorisation of an authorised carer under this clause.
A designated agency must not place a child or young person in the out-of-home care of a person authorised under subclause (2) unless the agency has given the Children’s Guardian notice in writing of the name, and the street and postal address of the principal place of business, of the respite care provider.
A designated agency must notify the Children’s Guardian in writing if any child or young person is placed in the out-of-home care of any person or persons authorised by the agency under this clause for a period or periods amounting to more than 90 days in any 12 month period.
A designated agency may at any time impose such reasonable conditions as it thinks fit on the authorisation of an authorised carer, including a condition that provides that the authorised carer may provide out-of-home care only to specified children or young persons or to children or young persons belonging to a specified class.
A designated agency may at any time vary or revoke a condition of an authorisation imposed under subclause (1).
The imposition, variation or revocation of a condition takes effect when it is notified to the authorised carer in writing.
(Repealed)
It is a condition of an authorisation that an authorised carer may provide out-of-home care only to a child or young person who is a relative or kin of the carer or who knows the carer unless the carer has completed a course of training on the provision of care for a child or young person who is not a relative or kin of the carer.
Subclauses (1) and (4A) do not apply to an authorised residential care worker.
A designated agency that authorises a person as an authorised carer under this Division must cause the person to be given a copy of the authorisation in writing.
The written authorisation must set out any conditions of the authorisation imposed by the designated agency.
An authorised carer is personally responsible for carrying out the carer’s functions and duties as an authorised carer.
An authorised carer must, at any reasonable hour and on reasonable notice, permit a supervising person—
(a) to inspect the home or premises at which the authorised carer provides out-of-home care, and all of the authorised carer’s records relating to a child or young person in out-of-home care, and
(b) to interview any child or young person in out-of-home care.
An authorised carer, other than an authorised residential care worker, must, if requested in writing by the designated agency on the written advice of a medical practitioner—
(a) undergo, or cause a person who resides at the authorised carer’s home to undergo, such examination by a medical practitioner as is reasonably necessary to ascertain whether the authorised carer’s household is a healthy environment for the care of children or young persons, and
(b) provide a report of such examination to the designated agency and to any other supervising person who requests that the report be provided to it.
An authorised carer, other than an authorised residential care worker, must, before changing his or her residential address, cause notice in writing of the change to be given to an officer or employee of the designated agency.
An authorised carer must provide the designated agency with such information concerning the care of a child or young person as the agency may from time to time reasonably require.
An authorised carer must immediately notify the designated agency if any of the following occurs—
(a) a child or young person leaves the care of the authorised carer,
(b) the child or young person is to be, or has been—
(i) expelled or suspended from school, or
(ii) absent without permission from the care of the authorised carer for a period of 24 hours or more, or
(iii) absent without permission (whether or not while in the care of the authorised carer) from New South Wales for any period,
(c) the child or young person suffers a serious accident, injury or illness,
(d) the child or young person dies,
(e) the authorised carer—
(i) becomes a parent to another child or young person, or
(ii) is charged with or convicted of an offence for which a penalty of imprisonment for 12 months or more may be imposed, or
(iii) becomes aware that any members of his or her household have been charged with or convicted of such an offence,
(f) a child, young person or other person joins the authorised carer’s household.
Subclauses (2)(e)(i) and (iii) and (f) do not apply to an authorised residential care worker.
An authorised carer, in correcting and managing the behaviour of a child or young person in out-of-home care—
(a) must not use—
(i) any physical coercion or physical punishment (including corporal punishment), or
(ii) any punishment that takes the form of immobilisation, force-feeding or depriving of food, or
(iii) any punishment that is intended to humiliate or frighten a child or young person, and
(b) must, in any event, use only behaviour management practices approved by the designated agency.
An authorised carer who finds that the approved behaviour management practices are not sufficiently effective to correct or manage the behaviour of a child or young person is to notify that fact as soon as practicable to the designated agency.
On receiving a notification under subclause (2), the designated agency, after assessing the situation, is to determine if the problem should be addressed—
(a) by providing appropriate advice, support and training to the authorised carer and appropriate support to the child or young person, or
(b) by changing the placement arrangements.
A person authorised as an authorised carer under this Division may surrender the authorisation at any time by notice in writing to the designated agency that authorised the person.
A designated agency may, by notice in writing, cancel or suspend the authorisation of an authorised carer if the agency is of the opinion that the authorised carer—
(a) is no longer a suitable person to be an authorised carer, or
(b) has failed to comply with any condition of the authorisation, or
(c) has failed to comply with any obligation or restriction imposed on the authorised carer by the Act or this Regulation, or
(d) has failed to comply with a written direction to the authorised carer by the designated agency or the Children’s Guardian under section 157(3) of the Act, or
(e) has failed to uphold the Charter of Rights prepared under section 162 of the Act.
Under section 245(1)(a) of the Act, a decision to cancel or suspend the authorisation of an authorised carer is administratively reviewable by the Civil and Administrative Tribunal.
On the making of a guardianship order making an authorised carer the guardian of a child or young person named in the order, the authorisation of the authorised carer is taken to be automatically cancelled to the extent only that it relates to the child or young person.
This subclause does not affect an authorisation as an authorised carer so far as it relates specifically or generally to children or young persons other than the child or young person who is the subject of the guardianship order.
The reference to the making of a guardianship order in subclause (1) extends to an order taken to be a guardianship order under clause 35 of Schedule 3 to the Act on the commencement of section 79A of the Act.
The authorisation of a person as an authorised carer is automatically cancelled if the person—
(a) no longer has a working with children check clearance or a current working with children application, or
(b) is subject to an interim bar.
The cancellation of the authorisation takes effect—
(a) when the person is notified that the person’s current working with children application has been terminated or refused or that the person’s clearance has been cancelled or that the person is subject to an interim bar, or
(b) if the clearance is cancelled under section 24 (Surrender of clearances) of the Child Protection (Working with Children) Act 2012—when the person notifies the Children’s Guardian that the person wishes to surrender the person’s clearance, or
(c) if the clearance ceases to have effect because 5 years have passed since it was granted and the holder of the clearance does not apply for a new clearance before it ceases to have effect—on the day that the clearance ceases to have effect.
The designated agency that supervises the out-of-home care of a child or young person in the care of a person whose authorisation is cancelled under this clause must, within 48 hours of becoming aware of that cancellation, ensure that the child or young person no longer resides with the person (unless the person’s authorisation is revived under this clause before the end of those 48 hours).
The authorisation of a person may be revived (by the designated agency that authorised the person) at any time within 2 years after the cancellation of the authorisation under this clause took effect, if the person—
(a) has a working with children check clearance or a current working with children application, and
(b) is not subject to an interim bar.
The authorisation of a person who is authorised as an authorised carer in the course of the person’s employment or under a contract arrangement is automatically cancelled if the person ceases that employment or is no longer providing care under that contractual arrangement.
For the purposes of section 137(2)(e) of the Act, the occurrence of any of the following events raises a presumption that the authorisation of a person as an authorised carer is to be cancelled—
(a) if the authorisation relates to the out-of-home care of a particular child or young person—the person has not provided out-of-home care to that child or young person for 3 months or more,
(b) the person has not provided out-of-home care to any child or young person under the authorisation for 2 years or more.
A designated agency must cancel its authorisation of a person as an authorised carer on the occurrence of any such event unless the agency is satisfied that its authorisation should not be cancelled in the particular case.
In this clause—
(a) does not have a working with children check clearance, a current working with children application or a continuing residence approval, or
(b) is subject to an interim bar.
The authorisation of a person as an authorised carer is automatically suspended if an inappropriate resident resides on the same property as the authorised carer.
The suspension of the authorisation takes effect when the authorised carer is notified that an inappropriate resident resides on the same property as the authorised carer.
A suspension under this clause ceases to have effect if no inappropriate resident resides on the same property as the authorised carer.
The designated agency that supervises the out-of-home care of a child or young person in the care of an authorised carer must, within 48 hours of becoming aware that an inappropriate resident resides on the same property as the authorised carer, ensure that the child or young person no longer resides with the authorised carer (unless the suspension of the authorised carer ceases to have effect under this clause before the end of those 48 hours).
For the purposes of section 137(1)(c) of the Act, the following persons are authorised as authorised carers—
(a) a person who provides residential care and control of a child or young person whose placement arrangements are not subject to supervision by a designated agency and who provides the care and control under—
(i) a care plan developed by the Secretary, or
(ii) an alternative parenting plan approved or registered by the Children’s Court under Part 1 of Chapter 7 of the Act,
(b) a person providing residential care and control of a child or young person whose placement arrangements are not subject to supervision by a designated agency under an order of the Supreme Court, the Family Court of Australia or the Federal Circuit Court of Australia.
A person referred to in subclause (1) is authorised as an authorised carer only in relation to the child or young person concerned, and the person ceases to be an authorised carer when the person ceases to have care responsibility for the child or young person.
(Repealed)
The authorisation of a person as an authorised carer of a child or young person in out-of-home care is taken to be an authorisation by the Department if the Department, under section 141(1) of the Act, supervises the placement of the child or young person.
This clause applies only to a person authorised as an authorised carer under clause 43(1)(a).
An authorised carer, in correcting and managing the behaviour of a child or young person in out-of-home care, may use only behaviour management practices approved by the Secretary.
An organisation or a Public Service agency (an
(a) accreditation as a designated agency, or
(b) the renewal of accreditation as a designated agency.
An application is—
(a) to be made in the form approved by the Children’s Guardian, and
(b) to be accompanied by such information as the Children’s Guardian may reasonably require to assist in the determination of the application, and
(c) if the applicant is an organisation that is not a Public Service agency—to specify the full name of the individual proposed to be the applicant’s principal officer on accreditation, and
(c1) to specify the corporate and business name and ABN (if any) of the applicant, and
(c2) to specify the street and postal address of the applicant, and
(c3) to specify the telephone number and e-mail address (if any) of the applicant, and
(d) to be accompanied by a behaviour management policy statement that sets out—
(i) the views of the applicant on the behaviour management practices to be observed by authorised carers regarding the care, management and discipline of children and young persons for whom the designated agency has supervisory responsibility, and
(ii) details of the procedures to be used in respect of the application of physical restraint, including consent, reporting, analysis and supervision of staff, and support and counselling to be provided to children and young persons to whom physical restraint has been applied, and
(e) to include a statement to the effect that the applicant’s behaviour management policy includes a ban on the use of all of the following—
(i) any physical coercion or physical punishment (including corporal punishment),
(ii) any punishment that takes the form of immobilisation, force-feeding or depriving of food,
(iii) any punishment that is intended to humiliate or frighten a child or young person, and
(f) to be accompanied by a psychotropic drugs policy statement that sets out the views of the applicant on the administration of psychotropic drugs for the purpose of controlling the behaviour of children and young persons.
The Children’s Guardian may require an applicant to furnish to the Children’s Guardian such further information as the Children’s Guardian may reasonably require in order to assess the applicant’s suitability to be a designated agency.
Any information that is required under subclause (3) must be furnished to the Children’s Guardian on or before the reasonable date specified by the Children’s Guardian by notice in writing.
An application made by an organisation for accreditation as a designated agency may be taken over by another organisation only in accordance with this clause.
The Children’s Guardian may authorise an organisation (
The Children’s Guardian must not authorise a successor to take over an application unless—
(a) the predecessor has requested that action, and
(b) the successor has given the Children’s Guardian a written undertaking that it will operate in the manner proposed in the application or as otherwise agreed in writing by the successor and the Children’s Guardian, and
(c) the successor has, by notice in writing given to the Children’s Guardian, specified the full name of the individual proposed to be the successor’s principal officer on accreditation.
In addition to the conditions set out in Schedule 3, the process of accreditation of an organisation that takes over an application under this clause may also be subject to conditions imposed under clause 65(3) (Conditions on accreditation and process of accreditation).
A copy of the notice under subclause (2) must be given to the predecessor, if the predecessor continues to exist, and, on and from receipt of the notice, the predecessor is taken not to be an applicant for accreditation as a designated agency.
Unless prohibited by or under any Act, the Children’s Guardian may disclose to the successor any information in his or her possession regarding the predecessor.
A condition imposed on the process of accreditation in respect of an application for accreditation continues to apply to the process despite the application being taken over under this clause.
If a designated agency has applied for the renewal of an accreditation, the Children’s Guardian may, by notice in writing to the agency, defer determining the application.
The deferral has effect until a notice given under clause 50 in respect of the application takes effect.
The deferral does not affect any requirement made under clause 45(3) to furnish information in respect of the application, whether the requirement was imposed before or during the deferral.
If the Children’s Guardian defers determining the application for 6 months or more from the date the deferral took effect, the Children’s Guardian must inform the Minister in writing of the deferral.
The accreditation period of a designated agency whose application for renewal of accreditation has been deferred is extended under clause 62 until the application is determined.
On the recommendation of the Children’s Guardian, the Minister may, from time to time, approve standards and other criteria for use in determining—
(a) whether to grant an application for accreditation as a designated agency, and
(b) what accreditation period will be granted.
Without limiting subclause (1), criteria may be approved under that subclause in respect of a class or classes of applicants.
Without limiting subclause (1), the following matters are to be addressed by criteria approved under that subclause—
(a) the assessment procedures (including probity testing) for determining whether a person is suitable to be an authorised carer,
(b) the training provided to authorised carers,
(c) the supervision provided to authorised carers,
(d) what provision is made for the involvement of children and young persons in the making of decisions that affect them,
(e) what provision is made for the involvement of the persons who have parental responsibility for children or young persons immediately before the children or young persons enter into out-of-home care in the making of decisions that affect those children or young persons,
(f) what provision is made for the involvement of authorised carers in the making of decisions concerning the child or young person in their care.
Without limiting subclause (1), the criteria to be approved under that subclause are to be integrated, to the greatest extent possible, with the criteria for accreditation of an accredited adoption service provider under the Adoption Act 2000.
The Children’s Guardian must make criteria approved under subclause (1) available for public inspection.
Failure to comply with subclause (4) does not affect the validity of any decision of the Children’s Guardian to accredit or not to accredit an applicant.
The Children’s Guardian may grant accreditation as a designated agency to an applicant if, in the opinion of the Children’s Guardian, the applicant wholly or substantially satisfies the accreditation criteria referred to in clause 48.
The Children’s Guardian may come to the opinion that an applicant satisfies a particular accreditation criterion if a body, recognised by the Children’s Guardian for the purposes of this subclause, has determined that the applicant meets a standard or other criterion recognised by the Children’s Guardian for the purposes of this subclause in respect of the accreditation criterion.
The Children’s Guardian may grant the following accreditation—
(a) if the applicant has made arrangements for the provision of out-of-home care in accordance with the Act and the regulations at any time during the period commencing 12 months before the application was made and ending when the application is determined—
full accreditation ,(b) in any other case—
provisional accreditation .
As soon as reasonably practicable after determining an application for accreditation, the Children’s Guardian must inform the applicant of the following by notice in writing—
(a) the decision,
(b) when the decision takes effect,
(c) if accreditation is granted—whether full or provisional accreditation is granted,
(d) the reasons for the decision,
(e) how the applicant may apply for a review of the decision.
If an applicant is granted accreditation but did not wholly satisfy the accreditation criteria, the notice must also specify the accreditation criteria that were not wholly satisfied and the reasons for the Children’s Guardian’s opinion that the criteria were not wholly satisfied.
The Children’s Guardian is to publish the following information on a website maintained by the Children’s Guardian as soon as practicable after granting accreditation as a designated agency—
(a) the corporate name and business name and ABN (if any) of the designated agency,
(b) whether the designated agency is provisionally or fully accredited,
(c) the conditions imposed on the accreditation of the designated agency,
(d) the accreditation for the designated agency,
(e) the street and postal address of the principal office of the designated agency,
(f) the general telephone number and e-mail address (if any) of the designated agency,
(g) the full name of the principal officer of the designated agency.
The Children’s Guardian is to keep the information referred to in subclause (1) up to date.
(f) if the assessable person is being assessed by the assessment body as to his or her suitability to be a guardian or an authorised carer—
(i) references from at least 2 persons concerning the assessable person’s suitability to care for a child, and
(ii) a health check, being a check of a statement made by the assessable person as to the physical and mental health of the person, and a medical report in respect of that person, in the form approved by the Secretary, and
(iii) an inspection of the assessable person’s home to determine whether it will provide a safe and secure environment for any child or young person in out-of-home care or subject to a guardianship order who may reside in the home.
An assessment body is not required to obtain any information or conduct any check in respect of an assessable person who is—
(a) an authorised carer who is authorised by the assessment body if the information or check was obtained or conducted by the assessment body in assessing whether the person is suitable to be authorised as an authorised carer, or
(b) a current applicant for a guardianship order for whom the assessment body has prepared a suitability statement if the information or check was obtained or conducted by the assessment body in preparing the suitability statement, or
(c) a prospective adoptive parent whom the assessment body has assessed as suitable to adopt a child under the Adoption Act 2000 if the information or check was obtained or conducted by the assessment body in assessing whether the person is suitable to adopt a child.
A health check under subclause (1)(f)(ii) is not required in respect of the assessment of a person to be a guardian of a child or young person if the person is the authorised carer of the child or young person.
An accredited adoption service provider has
(a) has received an expression of interest from the assessable person in adopting a child or young person, or
(b) has received an application to adopt a child or young person from the assessable person, or
(c) has known the assessable person to reside on the same property as any such person who submitted an expression of interest or application.
A designated agency has
(a) has authorised the assessable person as an authorised carer, or
(b) has received an application from the assessable person to be authorised as an authorised carer, or
(c) has assessed the assessable person’s suitability for a guardianship order, or
(d) has known the assessable person to reside on the same property as any such authorised carer or person who submitted an application or was assessed for a guardianship order.
In this clause—
An assessment body is not required to obtain any information or conduct any check in respect of an assessable resident if the information or check has already been obtained or conducted by the assessment body in determining that the assessable resident was suitable to reside on the same property as an authorised carer, a guardian or an adoptive parent.
A nationwide criminal record check of an assessable resident who resides on the same property as a person who has applied for a guardianship order or to be authorised as an authorised carer—
(a) is not required if the assessable person is under 16 years of age, and
(b) must not be obtained or conducted if the assessable person is under 14 years of age.
A Community Services check of an assessable resident who resides on the same property as a person who has applied for guardianship orders or to be authorised as an authorised carer must not be obtained or conducted if the assessable person is under 16 years of age.
A Community Services check or nationwide criminal record check is not required in respect of the following persons—
(a) a person who has become an assessable resident because the person turned 18 years of age while residing on the same property as an authorised carer and who has resided on the same property as the authorised carer for at least 2 years immediately before the person turned 18 years of age,
(b) a person who has become an assessable resident because the person turned 16 years of age while residing on the same property as an authorised carer and who was residing on the same property as the authorised carer when the authorised carer was so authorised.
An assessment body is not required to obtain any information or conduct any check in respect of an assessable person if the information or check has been obtained or conducted by an adoption service provider and the information or results of the check have been provided to the assessment body.
The assessment body may obtain further information or conduct further checks with respect to an assessable person as the assessment body considers appropriate including any check relating to the employment or other activities of the assessable person.
If the assessment body forms an opinion that an assessable person is an unsuitable person, it is not required to continue to obtain any information or conduct any check in respect of the assessable person or any person who resides on the same property as the assessable person.
(Clause 65)
In this Schedule, a reference to arranging the placement of a child or young person in out-of-home care includes arranging or providing voluntary out-of-home care.
A designated agency must not arrange for the placement of a child or young person in out-of-home care unless—
(a) the young person or, in the case of a child, a person having parental responsibility for the child, requests placement, or
(b) the Children’s Court or another court has ordered that the child or young person be placed in out-of-home care.
A request for care may be made orally or in writing. If the request is made orally, the designated agency that arranged the placement of the child or young person must, within 7 days after the placement, confirm the placement in writing to the person having parental responsibility for the child or young person.
A designated agency must not arrange for the placement of a child or young person in out-of-home care unless the agency is satisfied that—
(a) the designated agency, or any organisation or body that it has arranged to provide the care, is able to meet the needs of the child or young person, and
(b) any authorised carer or voluntary carer with whom the child or young person is placed is able to meet the needs of the child or young person.
A designated agency must use its best endeavours to document the social and medical history of a child or young person (and his or her family) for whom the agency arranges a placement in statutory out-of-home care or supported out-of-home care.
A designated agency must provide the Secretary with such information about a child or young person in the out-of-home care of the designated agency as the Secretary may reasonably require.
A designated agency must provide the Children’s Guardian with—
(a) any information about a child or young person in voluntary out-of-home care provided, arranged or supervised by the designated agency that the Children’s Guardian may reasonably require by notice in writing, and
(b) any information about the voluntary out-of-home care provided, arranged or supervised by the designated agency that the Children’s Guardian may reasonably require by notice in writing.
A designated agency must ensure that procedures are in place so that the principal officer of the agency is notified as soon as practicable of the making of any reportable allegation in relation to conduct of any of the following—
(a) a person who is or has been authorised as an authorised carer by the designated agency,
(b) a person who resides or has resided on the same property as another person while that other person is or was such an authorised carer.
A designated agency must not disclose (in a designated agency check or otherwise) information about any reportable allegation regarding conduct of a person if a flag (within the meaning of clause 86I) is on the Carers Register in respect of a person unless the agency has consulted the Ombudsman and the Ombudsman has approved the agency disclosing the information.
Nothing in subclause (2) prevents information being provided to the Ombudsman or the Children’s Guardian.
A designated agency must co-operate with any person who lawfully enters premises of the designated agency to inspect or search those premises.
Sections 233 (Power of search for and removal of children and young persons in need of care and protection) and 235 (Entry without warrant into premises—generally) of the Act provide for certain persons to enter and search premises.
A designated agency that is unable to satisfy the accreditation criteria that applied to the agency in respect of its application for accreditation must advise the Children’s Guardian of the fact as soon as practicable after the agency becomes aware of the fact, unless the Children’s Guardian has notified the agency that such advice is not required.
A designated agency that is unable to comply with a condition of accreditation imposed under clause 65 must advise the Children’s Guardian of the fact as soon as practicable after the agency becomes aware of it.
A designated agency must give the Children’s Guardian, by notice in writing, the following information—
(a) the corporate or business name of the agency or ABN (if any) of the agency,
(b) the street and postal address of the agency’s principal place of business,
(c) the agency’s general telephone number,
(d) the agency’s general email address (if any),
unless the agency has already provided the information by way of its application for accreditation or for any other reason.
The designated agency must notify a change of any of the information referred to in subclause (1) no later than one business day after the change occurs.
A designated agency must notify the Secretary of the following particulars within 14 days after the change occurs—
(a) any change in the terms of the documents that govern its constitution,
(b) any change in the terms of any trust that it has established in connection with the arrangements it makes for the provision of out-of-home care.
For the purposes of the exercise of the functions the Children’s Guardian has to accredit designated agencies and to monitor their responsibilities under the Act, this Regulation and the Children and Young Persons (Savings and Transitional) Regulation 2000, a designated agency must, at any reasonable hour, permit the Children’s Guardian, or a person authorised in writing by the Children’s Guardian for the purposes of this clause, to—
(a) enter premises owned or occupied by the agency, and
(b) inspect the premises, and
(c) observe and converse with any person present in the premises, and
(d) make such examination and inquiry while in the premises as the Children’s Guardian or person thinks necessary for the exercise of those functions.
For that purpose, a designated agency must—
(a) provide the Children’s Guardian with such assistance and facilities as is or are reasonably necessary to enable the Children’s Guardian to exercise the functions referred to in subclause (1), and
(b) authorise any person subject to the direction of the agency to answer questions or otherwise furnish information to the Children’s Guardian.
A designated agency is not required to permit entry to premises under this clause if the agency was not given reasonable notice that entry would be required, unless—
(a) the Children’s Guardian has certified, by notice in writing, that giving notice before requiring entry would frustrate the purpose of requiring entry, and
(b) that notice was given to the agency before the agency’s permission was demanded.
The Children’s Guardian must not enter a part of the premises that is private to a person being cared for by the designated agency, whether a child or young person or otherwise, without the consent of the person, unless, with due regard to the age and developmental capacity of the person, the Children’s Guardian is of the opinion that the person lacks the capacity to consent.
In making a determination under subclause (4) about capacity to consent, the Children’s Guardian must take into account any opinion the designated agency expresses about the matter.
In exercising a power under this clause, the Children’s Guardian must not enter the private residence of an authorised carer without the consent of the authorised carer.
A designated agency must notify the Children’s Guardian within 14 days of its commencing to operate, or ceasing to operate, as an agency that arranges, provides or supervises voluntary out-of-home care.
A designated agency accredited by way of an application taken over pursuant to clause 46 must not contravene an undertaking given by the agency under clause 46(3)(b).
The transferee of an accreditation must adopt the policies, procedures and practice of the transferor that, immediately before the transfer, related to the arrangements the transferor was making for the provision of out-of-home care.
(Clause 73)
A registered agency must not arrange or provide voluntary out-of-home care for a child or young person unless a parent of the child or young person has requested the care in accordance with this clause.
A request under subclause (1) may be made orally or in writing. If the request is made orally, the registered agency that arranged the placement of the child or young person must confirm the placement in writing to the parent of the child or young person within 7 days after the placement is arranged.
A registered agency must not arrange or provide voluntary out-of-home care for a child or young person unless the agency is satisfied that the following are able to meet the needs of the child or young person—
(a) the registered agency,
(b) any other relevant agency or voluntary carer that the registered agency has arranged to provide the care.
A registered agency must provide the Children’s Guardian with—
(a) any information about a child or young person in voluntary out-of-home care provided or arranged by the registered agency that the Children’s Guardian may reasonably require by notice in writing, and
(b) any information about the voluntary out-of-home care provided or arranged by the registered agency that the Children’s Guardian may reasonably require by notice in writing.
A registered agency must co-operate with any person who lawfully enters premises of the registered agency to inspect or search those premises.
A registered agency that is unable to satisfy the registration criteria that apply to the agency in respect of its application for registration must advise the Children’s Guardian of the fact as soon as practicable after the agency becomes aware of the fact.
A registered agency that is unable to comply with a condition of registration imposed under clause 73 must advise the Children’s Guardian of the fact as soon as practicable after the agency becomes aware of it.
A registered agency must give the Children’s Guardian, by notice in writing, the following information—
(a) the street and postal address of the agency’s principal place of business,
(b) the agency’s general telephone number,
(c) the agency’s general e-mail address (if any),
unless the agency has already provided the information by way of its application for registration or for any other reason.
The registered agency must notify a change of any of the information referred to in subclause (1) no later than one business day after the change occurs.
For the purposes of the exercise of the functions the Children’s Guardian has to register agencies and to monitor their responsibilities under the Act and this Regulation, a registered agency must, at any reasonable hour, permit the Children’s Guardian, or a person authorised in writing by the Children’s Guardian for the purposes of this clause, to—
(a) enter premises owned or occupied by the agency, and
(b) inspect the premises, and
(c) observe and converse with any person present in the premises, and
(d) make such examination and inquiry while in the premises as the Children’s Guardian or person thinks necessary for the exercise of those functions.
For that purpose, a registered agency must—
(a) provide the Children’s Guardian with such assistance and facilities as is or are reasonably necessary to enable the Children’s Guardian to exercise the functions referred to in subclause (1), and
(b) authorise any person subject to the direction of the agency to answer questions or otherwise furnish information to the Children’s Guardian.
A registered agency is not required to permit entry to premises under this clause if the agency was not given reasonable notice that entry would be required, unless—
(a) the Children’s Guardian has certified, by notice in writing, that giving notice before requiring entry would frustrate the purpose of requiring entry, and
(b) that notice was given to the agency before the agency’s permission was demanded.
The Children’s Guardian must not enter a part of the premises that is private to a person being cared for by the registered agency, whether a child or young person or otherwise, without the consent of the person, unless, with due regard to the age and developmental capacity of the person, the Children’s Guardian is of the opinion that the person lacks the capacity to consent.
In making a determination under subclause (4) about capacity to consent, the Children’s Guardian must take into account any opinion the registered agency expresses about the matter.
In exercising a power under this clause, the Children’s Guardian must not enter the private residence of a person providing care without the consent of the person.
In this Part—
Clause 30 (as substituted by the amending Regulation) applies to the authorisation of a person who has applied to be an authorised carer before the commencement day if the person’s application has not been finally determined before that day.
A person who is an authorised carer immediately before the commencement day and who was authorised by a designated agency under—
(a) clause 30(1)(d) is taken to be authorised as an authorised carer by the designated agency under clause 30 (as substituted by the amending Regulation), or
(b) clause 30(1)(a)–(c) is taken to be authorised as an authorised carer by the designated agency under clause 31B (as inserted by the amending Regulation), or
(c) clause 31 (but not clause 30) is taken to be provisionally authorised as an authorised carer by the designated agency under clause 31 (as substituted by the amending Regulation).
This clause applies to a person who is taken to be provisionally authorised under clause 3(c) of this Schedule.
A person to which this clause applies who has not made an application under clause 30 before the commencement day is taken, on that day, to have made an application under clause 30 (as in force immediately before the commencement day).
Clause 30 (as in force immediately before the commencement day) continues to apply to the assessment of a person to whom this clause applies as if that clause had not been substituted by the amending Regulation.
Despite subclause (3), if the assessment of a person to whom this clause applies has not been completed within 3 months after the commencement day, clause 30 (as in force immediately before the commencement day) ceases to apply and the person must be assessed under clause 30 (as substituted by the amending Regulation).
This clause applies to a person (the
No suitability assessment is required under Division 2 of Part 6 or Schedule 2 in respect of an adult resident if the relevant authorised carer was authorised under—
(a) clause 30 before the commencement day, or
(b) clause 31 before the commencement day and under clause 30 (as preserved by clause 4(3) of this Schedule) within 3 months after the commencement day.
A designated agency may, with the approval of the Children’s Guardian, enter information on the Carers Register about any of the following—
(a) a person whose application to the designated agency for authorisation as an authorised carer was refused or withdrawn before the commencement day,
(b) a person who has been authorised by the designated agency but who was not authorised immediately before the commencement day,
(c) an adult who resided on the same property as a person referred to in paragraph (a) and (b) while that person was an applicant or an authorised carer.
This clause applies to a person who, because of clause 3(a) or (c) of this Schedule, is taken to be authorised (or provisionally authorised) by a designated agency under clause 30 or 31 of this Regulation.
The designated agency must enter on the Carers Register the following information about the authorised carer within 3 months after the commencement day—
(a) the person’s identification information within the meaning of clause 86A,
(b) the home address of the person,
(c) whether the person identifies as an Aboriginal or Torres Strait Islander person,
(d) the person’s working with children clearance information,
(e) the date on which the person was originally authorised (or provisionally authorised) by the designated agency,
(f) if the authorised carer’s authorisation is subject to a condition that the authorised carer may provide out-of-home care only to a child or young person who is a relative or kin of the carer or who knows the carer—that fact.
This clause applies to a person who, before the commencement day, applied to a designated agency to be authorised as an authorised carer and whose application has not been withdrawn or finally determined immediately before that day.
The designated agency must enter on the Carers Register the information about the person that is specified in clause 86D(1) within 14 days after the commencement day.
Clause 86H extends to a relevant resident who resided on the same property as an authorised carer before the commencement day and in such a case—
(a) the designated agency must enter information under clause 86H(2) or (3)(a) about the relevant resident on the Carers Register within 3 months after the commencement day (rather than within 14 days), and
(b) the designated agency must enter information under clause 86H(3)(b) or (c) about the relevant resident on the Carers Register within 14 days after becoming aware of the information or, if the designated agency became aware of the information before the commencement day, within 14 days after the commencement day.
Clause 86I(2) and (3) extends to a reportable allegation made before the commencement day but not if the principal officer of the relevant designated agency is satisfied that the investigation into the allegation has been concluded before the commencement day.
In any such case the information required to be entered under clause 86I(2) must be entered on the Carers Register within 14 days after the commencement day unless the Ombudsman is required to be notified about the allegation under section 25C of the Ombudsman Act 1974, in which case—
(a) if the Ombudsman advises the designated agency (within 21 days after the notification) that the information may be entered on the Carers Register—the information must be entered on the Carers Register within 14 days after whichever of the following occurs last—
(i) that advice is given,
(ii) the commencement day, or
(b) if the Ombudsman does not advise the designated agency (within 21 days after the notification) that the information may be entered on the Carers Register—the information must be entered on the Carers Register within 14 days after whichever of the following occurs last—
(i) the end of the 21-day period,
(ii) the commencement day.
This clause is subject to clause 86I(8).
This clause applies to information referred to in clause 86I(3) about a reportable allegation if the principal officer of the relevant designated agency is satisfied that the investigation into the allegation has been concluded before the commencement day.
A designated agency may enter on the Carers Register information to which this clause applies and must enter such information if directed in writing to do so by the Children’s Guardian within the time specified in the direction.
A direction under this clause may relates to a specific allegation or to allegations belonging to a specified class.
This clause is subject to clause 86I(8).
Clause 86C applies to clauses 6–11 of this Schedule as if those clauses were part of Division 6 of Part 6.
In this Part—
(a) is a residential care worker for another designated agency, or
(b) was previously a residential care worker for another designated agency and for whom the other designated agency has recorded on the residential care workers register kept by the Children’s Guardian that it has relevant information about the person.
An existing residential care worker of a designated agency may temporarily exercise the functions of an authorised carer for the designated agency as if the worker were an authorised carer.
The functions may be exercised from—
(a) 18 July 2022, or
(b) if the designated agency has not conducted checks under the Children’s Guardian Regulation 2022, section 9(1)(a) and (b) in relation to the worker before 18 July 2022—the day on which the last of the checks is conducted.
Subclause (1) continues to apply to the worker until the earlier of the following—
(a) the designated agency—
(i) authorises the worker as an authorised carer, or
(ii) decides the worker is not suitable to be an authorised carer,
(b) 14 January 2023.
As soon as practicable after 16 October 2022 the designated agency must—
(a) decide if the worker is a relevant worker and, if so, conduct a residential care provider check of the worker, and
(b) decide whether or not the worker is suitable to be an authorised carer.
The designated agency is not required to conduct a residential care provider check of the worker with another designated agency if the designated agency has previously conducted the check with the other designated agency.
If the designated agency decides that the worker is suitable to be an authorised carer the agency may authorise the worker as an authorised carer.
This clause applies to a person who, between 18 July 2022 and 16 October 2022, is engaged by a designated agency to provide residential care.
The designated agency may authorise the person as an authorised carer in accordance with clause 31C without conducting a residential care provider check.
The designated agency must, as soon as practicable after 16 October 2022, decide if the person is a relevant worker and, if so, conduct a residential care provider check of the worker.
The designated agency is not required to conduct a residential care provider check of the worker with another designated agency if the designated agency has previously conducted the check with the other designated agency.
An authorisation under subclause (2) ceases to have effect if the designated agency undertakes a residential care provider check of the worker and decides the worker is not suitable to be an authorised carer.
To avoid doubt, a decision under subclause (5) is not a decision to suspend or cancel the authorisation of the worker and is not a decision that is reviewable under the Act, section 245(1)(a) or (a1).
Children and Young Persons (Care and Protection) Regulation 2012 (425). LW 31.8.2012. Date of commencement, 1.9.2012, cl 2. This Regulation has been amended as follows—
(72) | Children and Young Persons (Care and Protection) Amendment (Code of Conduct) Regulation 2013. LW 1.3.2013. Date of commencement, on publication on LW, cl 2. | |
(157) | Children and Young Persons (Care and Protection) Amendment (Working with Children) Regulation 2013. LW 26.4.2013. Date of commencement, 15.6.2013, cl 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement of Sch 2.28, 1.1.2014, sec 2 (1). | |
(323) | Children and Young Persons (Care and Protection) Amendment Regulation 2014. LW 6.6.2014. Date of commencement, 29.10.2014, cl 2. | |
(682) | Children and Young Persons (Care and Protection) Further Amendment Regulation 2014. LW 24.10.2014. Date of commencement, 29.10.2014, cl 2. Sch 1 [3] was without effect as the clause being repealed was substituted by the Children and Young Persons (Care and Protection) Amendment Regulation 2014 (323) (LW 6.6.2014). | |
(695) | Children and Young Persons (Care and Protection) Miscellaneous Amendments Regulation 2014. LW 29.10.2014. Date of commencement, 29.10.2014, cl 2. | |
(284) | Children and Young Persons (Care and Protection) Amendment (Authorised Carers) Regulation 2015. LW 15.6.2015. Date of commencement, on publication on LW, cl 2. | |
(661) | Children and Young Persons (Care and Protection) Amendment (Cessation of Authorisation) Regulation 2015. LW 30.10.2015. Date of commencement, 2.11.2015, cl 2. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 8.1.2016, sec 2 (1). | |
(216) | Children and Young Persons (Care and Protection) Amendment (Private Health Professionals) Regulation 2016. LW 6.5.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.4, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.4, 14 days after assent, sec 2 (1). | |
No 14 | Child Protection (Working with Children) Amendment (Statutory Review) Act 2018. Assented to 18.4.2018. Date of commencement of Sch 2, 1.6.2018, sec 2 and 2018 (224) LW 1.6.2018. | |
(43) | Children and Young Persons (Care and Protection) Amendment (Prescribed Bodies) Regulation 2019. LW 1.2.2019. Date of commencement, 4.2.2019, cl 2. | |
(606) | Children and Young Persons (Care and Protection) Amendment (Private Health Facility Staff) Regulation 2019. LW 13.12.2019. Date of commencement, on publication on LW, cl 2. | |
(378) | Children and Young Persons (Care and Protection) Amendment (Authorised Residential Care Workers) Regulation 2022. LW 15.7.2022. Date of commencement, 18.7.2022, sec 2. |
Cl 3 | Am 2014 (695), Sch 1 [1] [2]; 2015 (284), Sch 1 [1]–[4]; 2018 No 14, Sch 2.2 [1]; 2022 (378), Sch 1[1]. |
Cl 4 | Rep 2014 (682), Sch 1 [1]. |
Cl 5 | Am 2014 (682), Sch 1 [2]. |
Cl 7 | Am 2013 No 95, Sch 2.28 [1] [2]; 2015 (284), Sch 1 [5]. |
Cl 8 | Am 2016 (216), Sch 1 [1]; 2016 No 27, Sch 2.6 [1]; 2017 No 50, Sch 5.4 [1] [2]; 2017 No 63, Sch 1.4; 2019 (43), cl 3 (1) (2). |
Cl 9 | Subst 2014 (323), Sch 1. Renumbered as cl 23B, 2014 (695), Sch 1 [3]. |
Cl 9A | Ins 2014 (323), Sch 1. Rep 2014 (695), Sch 1 [4]. |
Cl 10 | Rep 2014 (682), Sch 1 [4]. |
Cl 11 | Rep 2014 (682), Sch 1 [5]. |
Cl 18 | Subst 2016 (216), Sch 1 [2]. |
Cl 19 | Rep 2014 (682), Sch 1 [6]. Ins 2019 (606), cl 3. |
Cl 20 | Am 2015 (284), Sch 1 [2]. |
Part 4A, heading | Ins 2014 (682), Sch 1 [7]. |
Cl 23A | Ins 2014 (682), Sch 1 [7]. |
Cl 23B (previously cl 9) | Renumbered 2014 (695), Sch 1 [3]. |
Cl 23C | Ins 2014 (695), Sch 1 [5]. Am 2015 (284), Sch 1 [6] [7]. |
Cll 23D, 23E | Ins 2014 (695), Sch 1 [5]. Rep 2015 (284), Sch 1 [8]. |
Cl 25 | Am 2013 (72), Sch 1 [1]. Rep 2014 (682), Sch 1 [8]. |
Cl 26 | Subst 2014 (682), Sch 1 [9]. |
Cl 29 | Am 2015 (284), Sch 1 [9]. |
Cl 30 | Am 2013 (157), Sch 1 [1]. Subst 2015 (284), Sch 1 [10]. |
Cl 31 | Am 2013 (157), Sch 1 [2]–[4]; 2014 (682), Sch 1 [10]. Subst 2015 (284), Sch 1 [10]. |
Cl 31A | Ins 2015 (284), Sch 1 [10]. Am 2015 No 58, Sch 2.6. |
Cl 31B | Ins 2015 (284), Sch 1 [10]. Am 2022 (378), Sch 1[2]–[5]. |
Cl 31C | Ins 2022 (378), Sch 1[6]. |
Cl 31D | Ins 2022 (378), Sch 1[6]. |
Cl 31E | Ins 2022 (378), Sch 1[6]. |
Cl 31F | Ins 2022 (378), Sch 1[6]. |
Cl 32 | Am 2013 (157), Sch 1 [5] [6]; 2015 (284), Sch 1 [11]–[13]. |
Cl 33 | Am 2013 (157), Sch 1 [7] [8]; 2015 (284), Sch 1 [14]–[17]. |
Cl 34 | Am 2013 (72), Sch 1 [2] [3]; 2015 (284), Sch 1 [18] [19]; 2022 (378), Sch 1[7] [8]. |
Cl 35 | Am 2015 (284), Sch 1 [20]. |
Cl 38 | Am 2014 (695), Sch 1 [6]; 2022 (378), Sch 1[9]. |
Cl 39 | Am 2022 (378), Sch 1[9]. |
Cl 40 | Am 2022 (378), Sch 1[10]. |
Cl 41A | Ins 2015 (284), Sch 1 [21]. |
Cl 42 | Am 2013 No 95, Sch 2.28 [3]. |
Cl 42A | Ins 2014 (682), Sch 1 [11]. |
Cll 42B, 42C | Ins 2015 (284), Sch 1 [22]. |
Cl 42CA | Ins 2015 (661), cl 3. |
Cl 42D | Ins 2015 (284), Sch 1 [22]. Am 2018 No 14, Sch 2.2 [2]. |
Cl 43 | Am 2013 (72), Sch 1 [4]; 2016 No 27, Sch 2.6 [2]. |
Cl 43A | Ins 2015 (284), Sch 1 [23]. |
Cl 45 | Am 2014 (695), Sch 1 [7] [8]; 2015 (284), Sch 1 [2]. |
Cl 46 | Am 2014 (695), Sch 1 [9]. |
Cl 48 | Am 2014 (695), Sch 1 [10]. |
Cl 50A | Ins 2014 (695), Sch 1 [11]. |
Cl 60 | Am 2014 (695), Sch 1 [12]. |
Cl 61 | Am 2014 (695), Sch 1 [13]. |
Cl 61A | Ins 2014 (695), Sch 1 [14]. |
Cl 64 | Am 2014 (695), Sch 1 [15]. |
Cl 69 | Am 2015 (284), Sch 1 [2]. |
Part 6, Div 6 | Ins 2015 (284), Sch 1 [24]. |
Cl 86A | Ins 2015 (284), Sch 1 [24]. Am 2018 No 14, Sch 2.2 [3]. |
Cll 86B–86N | Ins 2015 (284), Sch 1 [24]. |
Cl 88 | Am 2014 (682), Sch 1 [12]; 2014 (695), Sch 1 [16]. |
Sch 2 | Rep 2013 (72), Sch 1 [5]. Ins 2015 (284), Sch 1 [25]. |
Sch 3 | Am 2014 (695), Sch 1 [17] [18]; 2015 (284), Sch 1 [26]. |
Sch 5 | Ins 2015 (284), Sch 1 [27]. Am 2022 (378), Sch 1[11]. |
The whole Regulation | Am 2014 (682), Sch 1 [13] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
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