Children’s Guardian Act 2019 (NSW)
Sch 5.10[5] and [6] of this Act (not commenced)
Children’s Guardian Amendment Act 2025 No 46, Sch 1[37] and [52] (not commenced)
Statute Law (Miscellaneous Provisions) Bill (No 2) 2025
An Act to make provision with respect to the office of the Children’s Guardian; to provide for the functions of that office; to provide for the safety, welfare and wellbeing of children; and for other purposes.
This Act is the Children’s Guardian Act 2019.
Subject to subsection (2), this Act commences on 1 March 2020.
The following provisions commence on a day or days to be appointed by proclamation—
(a), (b) (Repealed)
(c) items 5 and 6 of Schedule 5.10.
The functions conferred or imposed by this Act and the regulations may be exercised in relation to children—
(a) who ordinarily live in New South Wales, or
(b) who do not ordinarily live in New South Wales but who are present in New South Wales, or
(c) who are—
(i) for Part 4—subject to an event or circumstance, whether occurring in New South Wales or elsewhere, that is committed by a person who is an employee of a relevant entity (within the meaning of Part 4) and that gives rise to a report (within the meaning of Part 4), or
(ii) otherwise—subject to an event or circumstance occurring in New South Wales that gives rise to a report.
The Dictionary in Schedule 6 defines certain terms used in this Act.
The Interpretation Act 1987 also contains definitions and other provisions that affect the interpretation and application of this Act.
Notes and examples included in this Act do not form part of this Act.
In this Act, a reference to
In a provision of this Act, a reference to
The main object of this Act is to protect children by providing for the role and functions of the office of the Children’s Guardian, including—
(a) promoting the quality of organisations and persons providing services to children, and
(b) regulating those organisations and persons in providing those services, and
(c) embedding the Child Safe Standards as the primary framework that guides child safe practice in organisations in New South Wales.
The safety, welfare and wellbeing of children, including protecting children from child abuse, is the paramount consideration in decision-making under this Act and the regulations and in the operation of this Act and the regulations generally.
The guiding principles to be applied in administering this Act and the regulations are—
(a) if a child is able to form views on a matter concerning the child’s safety, welfare and wellbeing—
(i) the child must be given an opportunity to express the views freely, and
(ii) the views are to be given due weight in accordance with the developmental capacity of the child and the circumstances, and
(b) in all actions taken and decisions made under this Act and the regulations that significantly affect a child, account must be taken of the culture, disability, language, religion, gender identity and sexuality of—
(i) the child, and
(ii) if relevant, the person with parental responsibility for the child, and
(c) in deciding what action is necessary to protect a child from harm, the course to be followed must be the least intrusive intervention in the life of the child and the child’s family that is also consistent with the paramount consideration, and
(d) in decision-making under this Act and the regulations and the investigation or monitoring of persons, the Children’s Guardian must observe the principles of natural justice and ensure procedural fairness, and
(e) in decision-making under this Act and the regulations in relation to an Aboriginal child or a Torres Strait Islander child—
(i) the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles set out in the Children and Young Persons (Care and Protection) Act 1998, section 13, and
(ii) the embedding of connection to family and community with the ultimate goal of the child feeling safe and secure in their identity, culture and community, and
(e1) in decision-making under this Act, respect for cultural and social difference must be considered in the provision of child-related services, and
(e2) the need to consult with the Aboriginal and Torres Strait Islander community to consider and address the impact of policies, practices and procedures on Aboriginal and Torres Strait Islander children, the children’s families and communities and Aboriginal and Torres Strait Islander community-controlled organisations, and
(f) if a child is placed in out-of-home care, the child is entitled to a safe, nurturing, stable and secure environment.
The objects of this Part are for the Children’s Guardian to protect children from harm by—
(a) adopting the Child Safe Standards as the primary framework that guides child safe practice, and
(b) implementing regulatory approaches that—
(i) improve systems for the prevention, identification, response to and reporting of child abuse in child safe organisations through the implementation of the Child Safe Standards, and
(ii) assist child safe organisations to implement the Child Safe Standards by raising awareness and providing guidance, training and education, and
(iii) monitor and report on the compliance of child safe organisations with the Child Safe Standards, and
(iv) enforce compliance with the Child Safe Standards, and
(v) provide for the investigation of complaints about a child safe organisation’s—
(A) implementation of the Child Safe Standards, or
(B) compliance with the Child Safe Standards, or
(C) compliance with recommendations contained in a monitoring assessment report, and
(vi) establish child safe action plans with prescribed agencies, and
(vii) provide for the ongoing exchange of information about risks to child safety in organisations between government agencies, both in New South Wales and in other States and Territories, with child safety responsibilities.
Implementation of the Child Safe Standards by child safe organisations is to be consistent with Royal Commission recommendations.
Where a Child Safe Standard can be implemented in more than 1 way, implementation that most closely reflects the Royal Commission recommendations is to be preferred.
The Minister may issue guidelines to the Children’s Guardian about the way the Children’s Guardian is to—
(a) oversee the implementation of the Child Safe Standards by child safe organisations,
(b) enforce the Child Safe Standards within child safe organisations,
(c) establish child safe action plans with prescribed agencies.
Despite section 128(3), the Children’s Guardian must, when exercising functions concerning the Child Safe Standards, act in a way that is consistent with guidelines issued by the Minister under subsection (1).
(Repealed)
In this Part—
The
1. Child safety is embedded in organisational leadership, governance and culture.
2. Children participate in decisions affecting them and are taken seriously.
3. Families and communities are informed and involved.
4. Equity is upheld, and diverse needs are taken into account.
5. People working with children are suitable and supported.
6. Processes to respond to complaints of child abuse are child focused.
7. Staff are equipped with the knowledge, skills and awareness to keep children safe through continual education and training.
8. Physical and online environments minimise the opportunity for abuse to occur.
9. Implementation of the Child Safe Standards is continuously reviewed and improved.
10. Policies and procedures document how the organisation is child safe.
The head of a child safe organisation must ensure the organisation implements the Child Safe Standards through systems, policies and processes which may include, but are not limited to, the following—
(a) a statement of the organisation’s commitment to child safety,
(b) a child safe policy,
(c) a code of conduct applying to the following—
(i) employees,
(ii) management, however described,
(iii) contractors,
(iv) volunteers,
(d) a complaint management policy and procedure,
(e) a human resources policy,
(f) a risk management plan.
The head of a child safe organisation, if the organisation is a relevant entity under Part 4, must ensure the organisation implements a reportable conduct policy that addresses the matters in section 54(2).
The head of a child safe organisation must ensure the systems, policies and processes implemented by the organisation are continuously reviewed and updated to reflect—
(a) the Child Safe Standards, and
(b) recommendations made to the organisation by the Children’s Guardian in—
(i) a monitoring assessment report under section 8W, or
(ii) an investigation report under section 8Z, and
(c) enforcement measures taken under Part 9A against the organisation by the Children’s Guardian.
The regulations may prescribe codes of practice for the purposes of ensuring entities comply with the Child Safe Standards.
A code of practice may apply only to the following entities—
(a) a designated agency,
(b) an adoption service provider,
(c) an entity providing specialised substitute residential care,
(d) an entity prescribed by the regulations.
A code of practice must specify the entities to which it applies.
A code of practice for entities providing specialised substitute residential care must require each entity to complete, within the time specified in the code of practice, a self-assessment of the entity’s compliance with the Child Safe Standards.
An entity that fails, without reasonable excuse, to complete the self-assessment within the time specified in the code of practice commits an offence.
Maximum penalty—10 penalty units.
A code of practice may include the following—
(a) the steps that must be taken to implement the Child Safe Standards,
(b) the outcomes that will indicate compliance with the Child Safe Standards,
(c) other matters relevant to compliance with the Child Safe Standards.
A code of practice that applies to a designated agency or an adoption service provider may also include steps that must be taken to obtain and maintain accreditation under this Act.
An entity must comply with a code of practice that applies to the entity.
This provision makes the code of practice a mandatory prescriptive requirement for compliance with the Child Safe Standards.
The failure by an entity to comply with a code of practice is grounds for the Children’s Guardian to—
(a) conduct an investigation under Division 6, and
(b) following the investigation, if the Children’s Guardian considers it appropriate—issue a compliance notice to the entity under Part 9A.
The Children’s Guardian may, at any time by written notice, require the head of a child safe organisation to give the Children’s Guardian, within the reasonable time stated in the notice but not less than 7 days, information about the organisation’s systems, policies and processes under section 8D.
If the organisation does not, without reasonable excuse, give the Children’s Guardian the information required under subsection (1), the Children’s Guardian may—
(a) commence an investigation under Division 6, and
(b) publish the following on the Office of the Children’s Guardian’s website—
(i) the name of the organisation,
(ii) that the organisation has failed to provide the information required by the Children’s Guardian under this section.
A
(a) build awareness in the community about the importance of child safety in child safe organisations, and
(b) build the capability of child safe organisations to implement the Child Safe Standards, and
(c) improve the safety of children by implementing the Child Safe Standards.
(a) the Department of Communities and Justice,
(b) the Office of Sport within the Department of Communities and Justice,
(c) the Department of Education,
(d) the NSW Education Standards Authority,
(e) the Ministry of Health,
(f) the Department of Planning, Industry and Environment, limited to functions undertaken by the Office of Local Government,
(g) the Inspector of Custodial Services,
(h) a NSW government agency prescribed by the regulations for the purposes of this section.
A prescribed agency must develop and implement a child safe action plan within—
(a) 12 months of becoming a prescribed agency, or
(b) a longer period approved in writing by the Children’s Guardian.
A child safe action plan must cover the full scope of the agency’s child related operations unless—
(a) the Children’s Guardian gives written approval for the agency to develop and implement an additional plan for a specified area of operations, and
(b) the additional plan addresses only the parts of the agency’s operations specified in the approval.
In developing its child safe action plan, a prescribed agency must—
(a) consult with the Children’s Guardian, and
(b) consult with related bodies and any other entity or individual who, in the agency’s opinion, is likely to be directly affected by the plan, and
(c) if the agency or related bodies provide services to Aboriginal children—consult with 1 or more Aboriginal controlled entities of a class prescribed by the regulations for this section.
A prescribed agency must submit its child safe action plan to the Children’s Guardian for review and approval.
Following its review of an agency’s plan, the Children’s Guardian must—
(a) approve the plan, or
(b) provide comments to the agency recommending amendments to the plan that the Children’s Guardian considers necessary before it can be approved.
Following its review of an agency’s plan, the Children’s Guardian may report publicly, whether by its annual report or another report, on the plan and its implementation.
Following approval of a prescribed agency’s child safe action plan, the agency must make the plan publicly available—
(a) on the agency’s website, and
(b) in another way prescribed by the regulations.
The Children’s Guardian may, on the Office of the Children’s Guardian’s website, provide a link to an agency’s child safe action plan.
If required to do so by written notice from the Children’s Guardian, a prescribed agency must provide a progress report on the agency’s implementation of its child safe action plan.
An agency’s report is to include information that demonstrates how the agency is working with related bodies to—
(a) build awareness in the community about the importance of child safety in child safe organisations, and
(b) build the capability of related bodies to implement the Child Safe Standards, and
(c) improve the safety of children by implementing the Child Safe Standards by related bodies.
A prescribed agency must provide its report to the Children’s Guardian within—
(a) 90 days of receiving the written notice, or
(b) a longer period approved in writing by the Children’s Guardian.
A prescribed agency must include in its annual reporting information prepared under the Government Sector Finance Act 2018—
(a) a link to the agency’s child safe action plan, and
(b) the agency’s assessment of the effectiveness of the plan in promoting and supporting the adoption and implementation of the Child Safe Standards by related bodies.
A prescribed agency must review and remake its child safe action plan at least every 4 years.
This Division applies to a remade plan in the same way as it applies to an original plan.
This Division deals with the Children’s Guardian’s responsibility to work collaboratively with child safe organisations, government agencies and the broader community to—
(a) raise awareness about child safety, and
(b) build within child safe organisations both knowledge of the Child Safe Standards and the skills to implement them, and
(c) promote the implementation of the Child Safe Standards by child safe organisations.
The Children’s Guardian may develop guidelines to—
(a) assist child safe organisations to implement the Child Safe Standards, and
(b) assist children, their families and other members of the community to raise concerns and make complaints about a child safe organisation, and
(c) provide guidance on another matter that the Children’s Guardian identifies as appropriate.
A guideline developed under this section may include templates that can be used by child safe organisations in developing systems, policies and processes that implement the Child Safe Standards.
A guideline developed under this section must be published on the Office of the Children’s Guardian’s website.
The Children’s Guardian may develop and make publicly available—
(a) guidelines, including templates, to assist prescribed agencies to develop child safe action plans, and
(b) assessment criteria for child safe action plans.
A guideline developed under this section must be published on the Office of the Children’s Guardian’s website.
The Children’s Guardian may provide training on—
(a) matters related to the implementation of the Child Safe Standards, and
(b) other matters reasonably related to child safety and the functions of the Children’s Guardian.
The Children’s Guardian may charge fees for training activities to recover the reasonable costs incurred in providing the training.
The Children’s Guardian may develop and distribute other resources to promote the Child Safe Standards that the Children’s Guardian considers appropriate.
The Children’s Guardian may monitor the operation of a child safe organisation to ensure the organisation is implementing the Child Safe Standards.
In monitoring a child safe organisation’s implementation of the Child Safe Standards, the Children’s Guardian may do the following—
(a) review the organisation’s systems, processes and policies,
(b) request the head of the organisation to answer questions and provide specified information,
(c) review information held by the Children’s Guardian about the organisation and its employees,
(d) with the consent of the head of the organisation, have an authorised person inspect the organisation’s premises,
(e) direct the head of the organisation to complete a self-assessment of the organisation’s compliance with the Child Safe Standards,
(f) a thing prescribed by the regulations for the purposes of this section.
If the Children’s Guardian directs the head of a child safe organisation to complete a self-assessment under subsection (1)(e), the head of the organisation must comply with the direction.
Maximum penalty—5 penalty units.
A direction under subsection (1)(e) must—
(a) be in writing, and
(b) specify the form of the self-assessment, and
(c) specify the date, not less than 14 days after the date of the direction, by which the self-assessment must be completed and returned to the Children’s Guardian.
The Children’s Guardian may, as part of its monitoring activities under section 8V, issue a monitoring assessment report to provide guidance and make recommendations to a child safe organisation.
If the Children’s Guardian makes recommendations to an organisation in a monitoring assessment report, the organisation must respond to the recommendations within the period specified by the Children’s Guardian, being a period of not less than 28 days after the issue of the report.
The Children’s Guardian may conduct an investigation into a child safe organisation’s implementation of the Child Safe Standards.
Without limiting subsection (1), the Children’s Guardian may conduct an investigation—
(a) after receiving a complaint, however made or described, about the organisation, or
(b) if the organisation fails to respond to a recommendation made by the Children’s Guardian in a monitoring assessment report or the Children’s Guardian is otherwise not satisfied with the way the organisation responds to a recommendation, or
(c) if for any other reason the Children’s Guardian is concerned the organisation is not implementing the Child Safe Standards.
Schedule 2 provides for powers that may be exercised by an authorised person for the purpose of conducting an investigation under this Division.
Without limiting the powers of an authorised person, the Children’s Guardian may, when conducting an investigation, do the following—
(a) review the organisation’s records, systems, processes and policies,
(b) require the head of the organisation to answer questions and provide specified information,
(c) review information held by the Children’s Guardian about the organisation and its employees,
(d) have an authorised person inspect the organisation’s premises,
(e) direct the head of the organisation to complete a self-assessment of the organisation’s compliance with the Child Safe Standards,
(f) a thing prescribed by the regulations for the purposes of this section.
For the purposes of an investigation under this Division, the Children’s Guardian may conduct an inquiry.
Schedule 3 provides for the Children’s Guardian’s powers to make or hold an inquiry.
An inquiry under this Division must be carried out in the absence of the public.
At the end of an investigation under this Division, the Children’s Guardian must prepare a report that includes—
(a) findings relating to the way the relevant child safe organisation implements the Child Safe Standards, and
(b) the Children’s Guardian’s recommendations, if any, for improvement to the way the organisation implements the Child Safe Standards.
If, as a result of an investigation, the Children’s Guardian decides to take enforcement measures under Part 9A, the report must include—
(a) the decision, and
(b) the reasons for the decision, and
(c) the enforcement measures to be taken.
If the Children’s Guardian makes recommendations to an organisation, the organisation must respond to the recommendations within the period, not less than 28 days after the investigation report is given to the organisation, specified by the Children’s Guardian.
A child must not remain in specialised substitute residential care for more than a total of 90 days in a period of 12 months unless the care is provided or supervised by a designated agency.
A child may remain in specialised substitute residential care for more than a total of 180 days in a period of 12 months only if the designated agency providing or supervising the care, or the Children’s Guardian, has ensured there is a plan that addresses the child’s needs under the arrangement.
A child who remains in specialised substitute residential care in contravention of subsection (1) or (2) is taken to be at risk of significant harm for the purposes of the Children and Young Persons (Care and Protection) Act 1998, Chapter 3, Parts 2 and 3.
In deciding whether the contravention is a significant contravention, the Children’s Guardian must have regard to any relevant guidelines issued by the Secretary under section 175.
If a child dies while in specialised substitute residential care, the principal officer of the entity providing the specialised substitute residential care must immediately give notice of the death to the following persons—
(a) the parents of the child, if the parents can reasonably be located,
(b) the Children’s Guardian,
(c) the Coroner.
In this Act, the
Anything done by, or with the approval of, the principal officer of an entity providing specialised substitute residential care in relation to specialised substitute residential care is, for this Act and the regulations, taken to be done by the entity.
Nothing in this section affects the personal liability of the principal officer.
Regulations may be made about specialised substitute residential care.
The objects of this Part are for the Children’s Guardian to protect children from harm by—
(a) administering a scheme to report and notify a reportable allegation or a conviction considered to be a reportable conviction to the head of a relevant entity and the Children’s Guardian, and
(b) providing oversight and guidance on an investigation undertaken by the head of a relevant entity, and
(c) conducting investigations and inquiries into reports about reportable allegations and convictions considered to be reportable convictions and the response to, and handling of, reports by relevant entities, and
(d) ensuring appropriate action is taken by a relevant entity, and
(e) monitoring a relevant entity’s systems for preventing, detecting and dealing with reportable conduct and reportable convictions, and
(f) providing advice and education to relevant entities to assist relevant entities in detecting and dealing with reportable conduct and reportable convictions.
In this Part—
(a) (Repealed)
(b) a complaint made to the Children’s Guardian under section 28(1) or (2).
(a) a subcontractor, and
(b) an employee of, or volunteer for, the contractor, and
(c) an employee of, or volunteer for, a third party employer.
(a) a report made to the head of a relevant entity under section 27(2)(a) or (3)(a), or
(b) if the head of a relevant agency otherwise becomes aware of a matter under section 29(1)(b).
(a) for a relevant entity that is a government sector agency or a person employed in a government sector agency—
(i) the Minister responsible for the agency, or
(ii) if there is more than one Minister responsible for the agency, the Minister who, in the opinion of the Children’s Guardian, is most nearly connected with the conduct of the agency, and
(b) for a relevant entity that is a local government authority—the Minister administering the Local Government Act 1993, and
(c) for a relevant entity, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act—the Minister administering the Act or the relevant part of the Act, and
(d) for a Schedule 1 entity that is not referred to in paragraphs (a)–(c)—
(i) the Minister whose portfolio has, in the opinion of the Children’s Guardian, sufficient funding or regulatory responsibility for the entity to warrant involvement on the Minister’s part in relation to the entity, or
(ii) otherwise—the Minister who is, in the opinion of the Children’s Guardian, a Minister sufficiently concerned with the conduct of the entity, and
(e) for a person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013—the Premier, and
(f) for any other relevant entity—the Minister who, in the opinion of the Children’s Guardian, is the most closely concerned with the conduct of the entity.
(a) a Schedule 1 entity, or
(b) a public authority, or
(c) a religious body.
(a) an entity, or part of an entity, mentioned in Schedule 1, or
(b) (Repealed)
(c) an adult who, under section 10 of the Child Protection (Working with Children) Act 2012, is required to hold a working with children check clearance because the adult resides on the same property as an authorised carer for 3 weeks or more, or
(d) an entity, or part of an entity, prescribed by the regulations for this definition.
(a) a government sector agency within the meaning of the Government Sector Employment Act 2013, or
(b) a person specified in section 5(1)(a), (b) and (d)–(f) of the Government Sector Employment Act 2013, or
(c) a local government authority, or
(d) a statutory body representing the Crown, or
(e) a statutory officer, or
(f) a body, whether incorporated or unincorporated, established for a public purpose under the provisions of a legislative instrument, or
(g) a State-owned corporation, or
(h) a university established under an Act, or
(i) an Aboriginal Land Council within the meaning of the Aboriginal Land Rights Act 1983, or
(j) an entity, or part of an entity, declared by the regulations to be a public authority for this definition.
(a) a body established for a religious purpose, and
(b) an entity that establishes, or directs, controls or administers, an educational or other charitable entity that is intended to be, and is, conducted in accordance with religious doctrines, beliefs or principles.
(a) for a Schedule 1 entity—
(i) an individual employed by, or in, the Schedule 1 entity, or
(ii) if the entity is an individual—the individual, or
(iii) if an individual is engaged directly, or by a third party employer, as a volunteer to provide services to children—the volunteer, or
(iv) if an individual is engaged directly, or by a third party employer, as a contractor and the contractor holds, or is required to hold, a working with children check clearance for the purpose of the engagement—the contractor, or
(v) if an individual is the head of a third party employer contracted to provide services to children on behalf of a Schedule 1 entity and the individual holds, or is required to hold, a working with children check clearance—the individual,
(b) for a public authority—
(i) an individual employed by, or in, the public authority, or
(ii) if the public authority is an individual—the individual, or
(iii) if an individual is engaged directly, or by a third party employer, as a volunteer to provide services to children—the volunteer, or
(iv) if an individual is engaged directly, or by a third party employer, as a contractor and the contractor holds, or is required to hold, a working with children check clearance for the purpose of the engagement—the contractor, or
(v) if an individual is the head of a third party employer contracted to provide services to children on behalf of a public authority and the individual holds, or is required to hold, a working with children check clearance—the individual,
(c) for a religious body—an individual who holds, or is required by the religious body to hold, a working with children check clearance for the purpose of engagement with the religious body.
a dance teacher is employed as a contractor by a dance school. The dance school leases the dance school premises from a local council and is conducting dance classes on behalf of the council. As the dance teacher teaches children, the dance teacher is required to hold a working with children check clearance. The dance teacher is taken to be an employee of the local council for the purposes of this Part.
For a public authority, a person is also an employee of the authority if—
(a) the person exercises official functions or acts in a public official capacity in the service of the authority, or
(b) the person is otherwise in the service of the Crown.
Also, for the purposes of this Part, an employee includes—
(a) a visiting practitioner within the meaning of the Health Services Act 1997, section 76, and
(a1) a person who is appointed, employed, contracted or otherwise engaged by a Schedule 1 entity to provide health care services, and
(b) a person employed under Part 2 of the Members of Parliament Staff Act 2013, and the person is taken to be an employee of a public authority.
If an employee is an employee of a Schedule 1 entity that is also a public authority, the provisions relating to the Schedule 1 entity apply to the employee for this Part.
In this section—
(a) for an entity that is a Department—the Secretary of that Department or the Secretary’s delegate, or
(b) if the regulations prescribe a person or a class of persons as the head of the entity—the prescribed person or a person belonging to the class of persons prescribed, or
(c) otherwise—
(i) the chief executive officer of the entity, however described, or
(ii) if there is no chief executive officer, the principal officer of the entity, however described, or
(iii) if there is no chief executive officer or principal officer, a person approved by the Children’s Guardian under section 66.
In relation to a person employed under Part 2 of the Members of Parliament Staff Act 2013 by a member of Parliament, the member of Parliament is taken to be a public authority and the head of the authority.
(a) if the employee holds, or is required to hold, a working with children check clearance for the purpose of employment with the public authority—an allegation that the employee has engaged in conduct that may be reportable conduct, whether or not the conduct is alleged to have occurred in the course of the employee’s employment, or
(b) if the employee is not required to hold a working with children check clearance for the purpose of employment with the public authority—an allegation that the employee has engaged in conduct that may be reportable conduct, unless the conduct is alleged to have occurred outside the course of the employee’s employment with the public authority.
A reference in this Part to a reportable allegation includes an allegation in respect of conduct occurring before the commencement.
(a) in relation to an employee of a Schedule 1 entity—whether or not the conduct occurred in the course of the employee’s employment with the Schedule 1 entity, or
(b) in relation to an employee of a public authority—
(i) if the employee holds, or is required to hold, a working with children check clearance for the purpose of employment with the public authority—whether or not the conduct occurred in the course of the employee’s employment, or
(ii) if the employee is not required to hold a working with children check clearance for the purpose of employment with the public authority—unless the conviction relates to conduct that occurred outside the course of the employee’s employment with the public authority, or
(c) in relation to an employee of a religious body—whether or not the conduct occurred in the course of the employee’s engagement with the religious body.
A reference in this Part to a reportable conviction includes a conviction in respect of conduct occurring before the commencement.
(a) a sexual offence,
(b) sexual misconduct,
(c) ill-treatment of a child,
(d) neglect of a child,
(e) an assault against a child,
(f) an offence under section 43B or 316A of the Crimes Act 1900,
(g) behaviour that causes significant emotional or psychological harm to a child.
Examples of indicators of significant emotional or psychological harm for paragraph (g)— displaying behaviour patterns that are out of character, including anxiety that impairs functioning and self-harm
regressive behaviour
(Repealed)
sexual touching of a child
a child grooming offence
production, dissemination or possession of child abuse material
voyeurism
(a) is sexual in nature, but
(b) is not a sexual offence.
descriptions of sexual acts without a legitimate reason to provide the descriptions
sexual comments, conversations or communications
comments to a child that express a desire to act in a sexual manner towards the child or another child
making excessive or degrading demands of a child
a pattern of hostile or degrading comments or behaviour towards a child
using inappropriate forms of behaviour management towards a child
(a) a person with parental responsibility for the child, or
(b) an authorised carer of the child, or
(c) an employee, if the child is in the employee’s care.
failing to protect a child from abuse
exposing a child to a harmful environment, for example, an environment where there is illicit drug use or illicit drug manufacturing
failing to seek medical treatment for a child
(a) the intentional or reckless application of physical force without lawful justification or excuse, or
(b) any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence.
hitting, striking, kicking, punching or dragging a child
threatening to physically harm a child
This section applies if a person (the
(a) a reportable allegation,
(b) a conviction the person considers is a reportable conviction.
If the first person is also an employee of the relevant entity or a third party employer,, the person must, as soon as practicable after becoming aware of the matter—
(a) report the matter to the head of the relevant entity, or
(b) if the employee to whom the matter relates is the head of the relevant entity, report the matter to the Children’s Guardian.
If the first person is not also an employee of the relevant entity or a third party employer, the person may—
(a) report the matter to the head of the relevant entity, or
(b) if the employee is the head of the relevant entity, report the matter to the Children’s Guardian.
If a person who gives a report is dissatisfied with the response of the head of the relevant entity to the report, the person may make a complaint to the Children’s Guardian.
Another person or other entity dissatisfied with the response of the head of the relevant entity to the report may also make a complaint to the Children’s Guardian.
This section applies if the head of a relevant entity—
(a) receives a report in relation to an employee of the relevant entity, or
(b) otherwise becomes aware of a reportable allegation in relation to an employee of the relevant entity or a conviction that is considered to be a reportable conviction.
The head of the relevant entity must give the Children’s Guardian a written notice (a
(a) that a report has been received in relation to an employee of the relevant entity, and
(b) the type of reportable conduct the subject of the report, and
(c) the name of the employee, and
(d) the name and contact details of the relevant entity and the head of the relevant entity, and
(e) for a reportable allegation—whether the Commissioner of Police has been notified of the allegation, and
(f) if a report has been made under section 24 of the Children and Young Persons (Care and Protection) Act 1998—that the report has been made, and
(g) the nature of the relevant entity’s initial risk assessment and risk management action, and
(h) any other information prescribed by the regulations.
The notice must also include the following, if known to the head of the relevant entity—
(a) details of the reportable allegation or conviction considered to be a reportable conviction,
(b) the date of birth and working with children number, if any, of the employee the subject of the report,
(c) for a reportable allegation of which the Commissioner of Police has been notified—the police report reference number,
(d) if a report has been made under section 24 of the Children and Young Persons (Care and Protection) Act 1998—the report reference,
(e) the names of other relevant entities that employ or engage the employee, whether or not directly, to provide a service to children, including as a volunteer or contractor.
The head of the relevant entity must give the Children’s Guardian the notice within 7 business days after the head of the entity is made aware of the report, unless—
(a) an exemption applies under section 30, or
(b) the head of the relevant entity has a reasonable excuse.
Maximum penalty—10 penalty units.
The head of the relevant entity may give the employee the subject of the report written notice that a report about a reportable allegation or conviction considered to be a reportable conviction has been made.
The Children’s Guardian may publish guidelines in relation to the matters that are appropriate for the head of a relevant entity to have regard to in deciding whether to provide the employee with written notice under subsection (5).
In this section—
The Children’s Guardian may exempt a class or kind of conduct of employees of a relevant entity from notification under section 29.
The Children’s Guardian may exempt a class or kind of conduct of employees of a relevant entity from notification under section 29 only if the Children’s Guardian—
(a) has followed the procedures for exempting a class or kind of conduct prescribed by the regulations, and
(b) is satisfied the relevant entity, in relation to the exempt class or kind of conduct, meets the criteria, if any, prescribed by the regulations.
For an exemption under this section, the Children’s Guardian must—
(a) notify the relevant entity of the exemption, and
(b) publish the details of the class or kind of conduct and relevant entity with an exemption on the Office of the Children’s Guardian’s website.
The procedures and criteria referred to in subsection (2)(a) and (b) must also be published on the Office of the Children’s Guardian’s website.
The Children’s Guardian may, by written notice given to the head of a relevant entity, exempt the head from commencing or continuing either of the following—
(a) an investigation into a reportable allegation,
(b) a determination as to whether a conviction considered to be a reportable conviction is a reportable conviction.
An exemption under subsection (1) applies until the head of the relevant entity is otherwise notified, in writing, by the Children’s Guardian that the exemption is revoked.
An exemption under subsection (1) is taken to be an exemption from the requirement for the relevant entity to provide an entity report or an interim report.
Without limiting subsection (1), the Children’s Guardian may exempt the head of a relevant entity if a matter is already being investigated by another relevant entity.
The Children’s Guardian may also exempt the relevant entity from the requirement to provide an entity report or an interim report in relation to a matter after the Children’s Guardian receives the notification for the matter.
This section applies if, in relation to an employee of a relevant entity—
(a) the Children’s Guardian intends to—
(i) investigate a reportable allegation or a matter arising from a reportable allegation, or
(ii) determine whether a conviction considered to be a reportable conviction is a reportable conviction, and
(b) an investigation or determination under section 34 has not been finalised.
The Children’s Guardian may, by written notice given to the head of the relevant entity, require the head to defer the investigation or determination.
The Children’s Guardian may, by further written notice to the head of the relevant entity, require the head to—
(a) commence, continue or finalise the investigation or determination deferred under this section, or
(b) end the investigation or determination and take no further action.
This section applies if the Commissioner of Police or the Director of Public Prosecutions advises the Children’s Guardian, or the head of a relevant entity, that an investigation or determination under this Part is likely to prejudice a police investigation or court proceeding.
The Children’s Guardian or head of the relevant entity may—
(a) suspend the investigation or a determination until otherwise advised, and
(b) after consulting the police officer in charge of the investigation or the Director of Public Prosecutions, take steps to manage any risks while the investigation or determination is suspended, and
(c) if the investigation or determination was being conducted by the head of a relevant entity—
(i) advise the Children’s Guardian about the suspension under this section, and
(ii) advise the Children’s Guardian of the steps being taken to manage risks.
Before making a decision about whether or not to suspend an investigation or determination, the Children’s Guardian, or head of the relevant entity, must consult with the Commissioner of Police, or the Director of Public Prosecutions, who provided the advice under subsection (1).
If the investigation under this Part is not suspended, the Children’s Guardian or head of the relevant entity that decides not to suspend the investigation must ensure the investigation is conducted in a way that does not prejudice the police investigation or court proceeding.
An investigation or determination by a relevant entity, suspended by operation of this section, is taken to be exempt from the requirement to provide an entity report or an interim report until the period of 30 business days after the suspension has ended.
This section does not affect the operation of any other Act.
For the purposes of this section—
(a) a reference to a police investigation includes a reference to an investigation by the Australian Federal Police, an international investigation the Australian Federal Police are aware of, or a police investigation in another State or Territory, and
(b) a reference to a court proceeding includes a reference to a court proceeding in another State or Territory, and
(c) a reference to the Commissioner of Police or the Director of Public Prosecutions includes a reference to a person holding the equivalent office in another State or Territory.
As soon as practicable after receiving a report, the head of the relevant entity must—
(a) investigate, or arrange for an investigator to investigate, the reportable allegation, or
(b) determine whether the conviction considered to be a reportable conviction is a reportable conviction.
During an investigation, an employee the subject of a reportable allegation may make a written submission to the head of the relevant entity about whether the head of the relevant entity should make a finding of reportable conduct.
Before the head of the relevant entity makes a determination under subsection (1)(b), an employee the subject of the report about the conviction may make a written submission to the head of the relevant entity that the conviction considered to be a reportable conviction is not a reportable conviction.
During an investigation or a determination, an employee the subject of a reportable allegation or a conviction considered to be a reportable conviction may give the head of the relevant entity a written submission concerning the allegation or conviction for the purpose of determining what, if any, disciplinary or other action should be taken in relation to the employee.
The investigation or determination must be completed within a reasonable time.
Section 138 requires information to be reported in particular circumstances.
The head of the relevant entity, or the investigator, in conducting an investigation into a reportable allegation must have regard to the matters in Division 6.
After an investigation or determination is completed, the head of the relevant entity must prepare a report for the Children’s Guardian (an
(a) an exemption applies under section 31, or
(b) the head of the relevant entity has a reasonable excuse, or
(c) the Children’s Guardian consents to an extension of time for the head of the relevant entity to prepare the report.
Maximum penalty—10 penalty units.
The entity report must be provided to the Children’s Guardian within 30 business days after the head of the entity receiving the report of the reportable allegation or conviction considered to be a reportable conviction, unless the head of the relevant entity gives the Children’s Guardian—
(a) an interim report under section 38 within 30 business days after receiving the report of the reportable allegation or conviction considered to be a reportable conviction, and
(b) a reason for not providing the report within 30 business days, and
(c) an estimated time frame for the completion of the entity report.
Maximum penalty—10 penalty units.
Despite subsection (2), if the Children’s Guardian consents to an extension of time under subsection (1)(c), the report is due by the date granted under the extension.
Despite subsection (2), the entity report is not required to be given to the Children’s Guardian if the conduct is, because of an exemption under section 30(1), exempt from notification under section 29.
The entity may give the entity report to the employee of the relevant entity the subject of the report.
The entity report must include the following—
(a) in relation to a reportable allegation—
(i) information about the facts and circumstances of the reportable allegation, and
(ii) the findings the head of the relevant entity has made about the reportable allegation after completing the investigation, including whether the head of the relevant entity has made a finding of reportable conduct, and
(iii) an analysis of the evidence and the rationale for the findings,
(b) in relation to a conviction considered to be a reportable conviction—
(i) information about the conviction considered to be a reportable conviction, and
(ii) the determination the head of the relevant entity has made about the conviction, including whether the head of the relevant entity has determined the conviction is a reportable conviction,
(c) a copy of any written submission made by the employee under section 34(1A), (1B) or (2),
(d) information about what action has been, or will be, taken in relation to the reportable allegation or conviction considered to be a reportable conviction, including the following—
(i) remedial or disciplinary action in relation to the employee,
(ii) whether information about the matter has been referred to a different entity,
(iii) changes to systems or policies including, if the entity is a child safe organisation, to improve implementation of the Child Safe Standards,
(iv) if no further action is to be taken—that no further action is to be taken,
(e) the reasons for the action taken, including taking no further action,
(f) any other information prescribed by the regulations.
The entity report must also be accompanied by any copies of documents in the relevant entity’s possession that are relevant to the report, including transcripts of interviews and copies of evidence.
An interim report must—
(a) include the following information—
(i) in relation to a reportable allegation—if known, the facts and circumstances of the reportable allegation,
(ii) in relation to a conviction considered to be a reportable conviction—any known information about the conviction,
(iii) action taken since the Children’s Guardian received a notification about the reportable allegation or the conviction considered to be a reportable conviction,
(iv) further action the head of the relevant entity proposes to take in relation to the reportable allegation or conviction considered to be a reportable conviction, including if the head of the relevant entity proposes to take no further action,
(v) the reasons for the action taken and the action proposed to be taken or the reasons for the decision to take no further action,
(vi) other information prescribed by the regulations, and
(b) be accompanied by copies of documents in the relevant entity’s possession, including transcripts of interviews and copies of evidence.
This Division applies in relation to a report, complaint or notification of a reportable allegation received by the head of a relevant entity, or by the Children’s Guardian.
This Division does not apply in relation to a reportable conviction.
The head of the relevant entity or the Children’s Guardian must make a finding of reportable conduct if it is satisfied that the case against the employee the subject of the reportable allegation has been proved against the employee on the balance of probabilities.
Without limiting the matters the head of the relevant entity or the Children’s Guardian may take into account in deciding whether it is satisfied the case has been proved on the balance of probabilities, the head of the relevant entity or the Children’s Guardian may take into account—
(a) the nature of the reportable allegation and any defence, and
(b) the gravity of the matters alleged.
(Repealed)
Reportable conduct does not include—
(a) conduct that is reasonable for the purposes of discipline, management or care of a child, having regard to—
(i) the age, maturity, health or other characteristics of the child, and
(ii) any relevant code of conduct or professional standard, or
(b) the use of physical force if—
(i) in all the circumstances, the physical force is trivial or negligible, and
(ii) the circumstances in which it was used have been investigated and the result of the investigation has been recorded in accordance with appropriate procedures.
(c) (Repealed)
a school teacher raising his or her voice in order to attract attention or restore order in a classroom
touching a child in order to attract the child’s attention
momentarily restraining a child to prevent the child hurting themselves or others
touching a child to guide or comfort the child
After receiving a notification, the Children’s Guardian may require the relevant entity to provide further information in relation to—
(a) the reportable allegation or conviction considered to be a reportable conviction, or
(b) the relevant entity’s response to the notification.
The Children’s Guardian may, on the Children’s Guardian’s own initiative or because of a complaint, monitor the progress of an investigation or determination by the head of a relevant entity into a report if the Children’s Guardian considers the monitoring is in the public interest.
Without limiting subsection (1), the Children’s Guardian may do the following to monitor an investigation—
(a) observe interviews carried out for the purposes of the investigation,
(b) discuss the investigation with the head of the relevant entity,
(c) provide guidance and advice to the relevant entity about the investigation,
(d) by written notice, require the head of the relevant entity or the investigator to provide to the Children’s Guardian documents or other information, including records of interviews, relating to the investigation,
(d1) review the relevant entity’s systems, policies and processes and their effectiveness in preventing, and responding to, reportable allegations and reportable convictions,
(e) a thing prescribed by the regulations for this section.
The Children’s Guardian may make preliminary inquiries to decide whether to carry out an investigation or determination under section 46.
The preliminary inquiries may be made whether or not the Children’s Guardian has received a complaint or notification about a matter to which the complaint or notification relates.
Without limiting subsection (1), the Children’s Guardian may, by written notice given to the entity that made the complaint or notification, require the entity to give the Children’s Guardian further written information about the matter the subject of the complaint or notification within the time stated in the notice.
Sections 16, 17, 18 and 19(1) of the Privacy and Personal Information Protection Act 1998 do not apply to information disclosed under this section.
Despite the Health Records and Information Privacy Act 2002—
(a) a person may disclose health information, within the meaning of that Act, to the Children’s Guardian in relation to preliminary inquiries by the Children’s Guardian under this section, and
(b) the Children’s Guardian may use the information for the purposes of this Part.
After receiving an entity report, the Children’s Guardian may require the head of the relevant entity to provide additional information the Children’s Guardian considers necessary to enable the Children’s Guardian to determine—
(a) whether—
(i) the reportable allegation was properly investigated, or
(ii) the conviction considered to be a reportable conviction was properly determined, and
(b) whether appropriate action was, or can be, taken as a result of the investigation or determination.
In this section—
The Children’s Guardian may, if the Children’s Guardian reasonably believes it is in the public interest—
(a) investigate a reportable allegation, or
(b) make a determination about a conviction considered to be a reportable conviction, or
(c) investigate the way in which a relevant entity has dealt with, or is dealing with, a report, complaint or notification.
An investigation or determination under subsection (1) may be carried out—
(a) on the Children’s Guardian’s own initiative, or
(b) because of a complaint or notification, or
(c) because the Children’s Guardian is satisfied the head of a relevant entity is unable or unwilling to—
(i) investigate or determine a report, or
(ii) engage an investigator to carry out an investigation.
The investigation or determination must be completed within a reasonable time.
Section 138 requires information to be reported in particular circumstances.
On deciding to carry out an investigation or determination, the Children’s Guardian must, by written notice given to the following entities, advise the entities about the decision—
(a) for an investigation or determination because of a report, complaint or notification involving an employee of a relevant entity—
(i) the employee and the relevant entity, and
(ii) if a complaint has been made—the entity that made the complaint,
(b) for an investigation in relation to the way in which a relevant entity has dealt with a report or notification—the relevant entity,
(c) an entity prescribed by the regulations.
The notice must describe the reportable allegation or the conviction considered to be a reportable conviction the subject of the investigation or determination.
Subsection (1)(a)(i) does not apply if giving the notice to the employee or relevant entity would compromise the investigation or put a person’s health or safety at serious risk.
For an investigation into a reportable allegation, the Children’s Guardian must have regard to the matters in Division 6.
An investigation under this Division must be carried out in the absence of the public.
Schedule 2 provides for powers that may be exercised by an authorised person for the purpose of conducting the investigation.
For the purposes of an investigation under this Part, the Children’s Guardian may conduct an inquiry.
Schedule 3 provides for the Children’s Guardian’s powers to make or hold an inquiry.
After completing an investigation or determination the Children’s Guardian must prepare a report (a
The Children’s Guardian report must include the following—
(a) in relation to a reportable allegation—
(i) information about the facts and circumstances of the reportable allegation, and
(ii) the findings the Children’s Guardian has made about the reportable allegation after completing the investigation, including whether the Children’s Guardian has made a finding of reportable conduct, and
(iii) analysis of the evidence and the rationale for the findings,
(b) in relation to a conviction considered to be a reportable conviction—
(i) information about the conviction considered to be a reportable conviction, and
(ii) the determination the Children’s Guardian has made about the conviction, including whether the Children’s Guardian has determined the conviction is a reportable conviction,
(c) a copy of any written submissions made by the employee under section 34(2),
(d) recommendations for action to be taken in relation to the reportable allegation or conviction considered to be a reportable conviction, including any of the following recommendations—
(i) remedial or disciplinary action against—
(A) the employee, or
(B) if the complaint is about the head of a relevant entity—the head of the relevant entity,
(ii) referring the matter to a different entity,
(iii) changes to systems or policies including, if the entity is a child safe organisation, to improve implementation of the Child Safe Standards,
(iv) that no further action should be taken,
(e) reasons for the findings or determination,
(f) any other information prescribed by the regulations.
If the Children’s Guardian proposes to recommend in the Children’s Guardian report that the relevant entity take particular action, the Children’s Guardian must consult with the relevant entity about the recommendation before finalising the report.
Subsection (1) does not apply to the extent the Children’s Guardian reasonably believes consulting with the relevant entity would—
(a) put a person’s health or safety at serious risk, or
(b) put a person who made a report, complaint or notification, or other person, at risk of being harassed or intimidated, or
(c) prejudice an investigation or inquiry.
Recommendations the Children’s Guardian may make include recommendations that—
(a) the reportable conduct or reportable conviction be considered or reconsidered by the relevant entity, or by any person in a position to supervise or direct the relevant entity or employee in relation to the conduct, or
(b) action be taken to rectify, mitigate or change the reportable conduct or the consequences of the reportable conduct, or
(c) a law or practice relating to the conduct be changed, or
(d) other steps be taken.
This section applies if—
(a) the Children’s Guardian makes a finding of reportable conduct or a determination that a conviction is a reportable conviction in relation to an employee of a relevant entity, and
(b) in the Children’s Guardian report the Children’s Guardian makes a recommendation for dismissal, removal or punishment of the employee.
The Children’s Guardian must advise the following persons of the finding or determination, the recommendation and the reasons—
(a) the Minister,
(b) the head of the relevant entity,
(c) if the finding or determination has been made about a person employed in, or by, a government sector agency within the meaning of the Government Sector Employment Act 2013—the Secretary of the Premier’s Department,
(d) the employee the subject of the finding or determination.
The Children’s Guardian may advise the following persons of the finding or determination, the recommendation and the reasons—
(a) the responsible Minister for the relevant entity concerned,
(b) if the investigation or determination arose from a complaint—the entity that made the complaint.
Subsection (2)(d) does not apply to the extent the Children’s Guardian reasonably believes advising the employee would—
(a) put a person’s health or safety at serious risk, or
(b) put a person who made a report, complaint or notification, or other person, at risk of being harassed or intimidated, or
(c) prejudice any other investigation or inquiry.
At the conclusion of an investigation or determination by the Children’s Guardian, or on a recommendation by the Children’s Guardian to refer a reportable allegation, reportable conduct or a reportable conviction back to the relevant entity, the Children’s Guardian must give the relevant entity and the employee the subject of the Children’s Guardian report—
(a) the recommendations for action to be taken, and
(b) necessary information relating to the recommendations.
The Children’s Guardian may give a copy of the report to the relevant entity the subject of the Children’s Guardian report or the employee the subject of the Children’s Guardian report.
Subsection (1) does not apply to the extent the Children’s Guardian reasonably believes giving the relevant entity or employee the information would—
(a) put a person’s health or safety at serious risk, or
(b) put a person who made a report, complaint or notification, or other person, at risk of being harassed or intimidated, or
(c) prejudice any other investigation or inquiry.
The head of a relevant entity may, and on request by the Children’s Guardian must, notify the Children’s Guardian of any action taken or proposed as a result of the recommendations provided under section 52.
This section applies to a relevant entity that is not a child safe organisation.
The head of a relevant entity must ensure the entity has systems including a code of conduct, policies and processes for the following—
(a) preventing and detecting reportable conduct by an employee of the entity,
(b) requiring an employee of the relevant entity to give a report, as soon as possible, in relation to a reportable allegation or conviction considered to be a reportable conviction involving an employee of the entity,
(c) enabling a person, other than an employee of the relevant entity, to give a report to the head of the relevant entity about a reportable allegation or conviction considered to be a reportable conviction involving an employee of the relevant entity,
(d) handling or responding to a reportable allegation or conviction considered to be a reportable conviction involving an employee of the relevant entity, having regard to principles of procedural fairness,
(e) receiving, handling and disclosing information relating to reportable allegations, convictions considered to be reportable convictions and information relating to investigations and determinations,
(f) identifying and dealing with matters relating to the prevention of reportable conduct by employees of the relevant entity.
This section applies to a relevant entity that is not a child safe organisation.
The Children’s Guardian may, at any time by written notice, require the head of a relevant entity to give the Children’s Guardian, within the reasonable time stated in the notice, information about the entity’s systems under section 54.
If the relevant entity does not, without reasonable excuse, give the Children’s Guardian the information required under subsection (1), the Children’s Guardian may publish the following on the Children’s Guardian’s website—
(a) the name of the relevant entity,
(b) that the entity has failed to comply with the requirements for systems about reportable conduct under this Part.
If a finding of reportable conduct or a determination has been made that a conviction is a reportable conviction, the Children’s Guardian must provide, to the Working with Children Check Unit within the Office of the Children’s Guardian, a report made under this Part, if the finding relates to the following types of conduct—
(a) sexual misconduct,
(b) a sexual offence,
(c) a serious physical assault.
Also, if the Children’s Guardian is of the opinion that there is a real and appreciable risk to the safety of children during the course of an investigation, the Children’s Guardian must refer information about the employee the subject of the investigation to the Working with Children Check Unit, for the purpose of considering an interim bar under section 17 of the Child Protection (Working with Children) Act 2012.
In this section—
This section applies to a person who is, or was, any of the following persons—
(a) the Children’s Guardian,
(b) the head of a relevant entity, or an investigator for the relevant entity, to which a report of a reportable allegation or a conviction considered to be a reportable conviction, in relation to an employee of the relevant entity, was given.
A person to whom this section applies must disclose relevant information to the following persons unless the person is satisfied the disclosure is not in the public interest—
(a) a child to whom the information relates,
(b) a parent of the child.
Subsection (2) does not apply to the Children’s Guardian unless the Children’s Guardian is exercising, or has exercised, functions under section 46.
A person to whom this section applies may disclose relevant information if—
(a) the disclosure is for the purpose of promoting the safety, welfare or wellbeing of a child, or class of children, to whom the information relates, and
(b) the information is disclosed to—
(i) if the employee the subject of the reportable allegation or conviction considered to be a reportable conviction is a contractor—the head of an entity, other than the relevant entity, that engaged the employee as a contractor, or
(ii) a person who, under the Children and Young Persons (Care and Protection) Act 1998, has daily care and control of a relevant child, whether or not that care involves custody of the child, or
(iii) for information relating to a child in out-of-home care—an authorised carer that provides out-of-home care to the child, or
(iv) a person prescribed by the regulations.
The head of a relevant entity or an investigator for the relevant entity that is a public health entity may disclose relevant information to another public health entity.
The head of a relevant entity to which a report of a reportable allegation or a conviction considered to be a reportable conviction, in relation to an employee, or former employee, of the relevant entity, was given may disclose to the employee or former employee to whom the report relates—
(a) that the report has been made, and
(b) after the conclusion of the investigation or the determination about the report, the following information—
(i) whether the head of the relevant entity has made a finding of reportable conduct or a determination that the conviction is a reportable conviction,
Information on the former register may be kept on the new register.
Section 121, as amended by the Justice Legislation Amendment (Miscellaneous) Act 2023, extends to the person who held office as Children’s Guardian immediately before the commencement of the amendment.
In this part—
An application for accreditation as a designated agency or an adoption service provider made before the commencement day, including an application for which a decision is deferred, must be dealt with as if the amending Act had not commenced.
If the application is granted, it is taken to have been granted under this Act as amended by the amending Act.
(Repealed)
(Repealed)
Insert at the end of the Schedule, with appropriate item numbering—
providers of overnight camps
Insert at the end of the Schedule, with appropriate item numbering—
accommodation and respite services for children that provide overnight beds for children, including housing and homelessness services
(Repealed)
(Repealed)
section 4
(a) means a child descended from an Aboriginal person, and
(b) includes a child the Children’s Court has determined is an Aboriginal child under section 5(2) of the Children and Young Persons (Care and Protection) Act 1998.
(a) a Saturday or Sunday, or
(b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be done or may be done.
(a) for Part 6—see section 90, or
(b) for Part 7—see section 109, or
(c) otherwise—means an individual under the age of 18 years.
(a) an entity mentioned in Schedule 1,
(b) a religious body—
(i) that provides services to children, or
(ii) in which adults have contact with children,
(c) a local government authority,
(d) a club or other body providing programs or services of a recreational or sporting nature for children and in which workers are required to hold a working with children check clearance under the Child Protection (Working with Children) Act 2012,
(e) an entity, or part of an entity, prescribed by the regulations for this definition.
(a) this Act,
(b) the Children and Young Persons (Care and Protection) Act 1998,
(c) the Child Protection (Working with Children) Act 2012,
(d) the Adoption Act 2000.
(a) for Part 4—see section 10, or
(b) for Part 6—see section 90.
(a) for an organisation that is a Department—the Secretary of the Department or the Secretary’s delegate, or
(b) if the regulations prescribe a person or a class of persons as the head of the organisation—the prescribed person or a person belonging to the class of persons prescribed, or
(c) otherwise—
(i) the chief executive officer of the organisation, however described, or
(ii) if there is no chief executive officer—the principal officer of the organisation, however described, or
(iii) if there is no chief executive officer or principal officer—a person approved by the Children’s Guardian under section 66.
(a) 2 persons who are legally married to each other, or
(b) 2 Aboriginal or Torres Strait Islander persons who are living together in a relationship that is recognised as a marriage according to the traditions of an Aboriginal community or Aboriginal or Torres Strait Islander group to which they belong.
(a) for an adoption service provider—see section 110, or
(b) for a designated agency—see section 74, or
(c) for an entity providing specialised substitute residential care—see section 8ZC.
(a) a parent, step-parent, or spouse of a parent or step-parent, of the child,
(b) a grandparent, brother, sister, step-brother, step-sister, cousin, niece or nephew, uncle or aunt (whether by blood, marriage, affinity or adoption) of the child,
(c) a person who has parental responsibility for the child (not being the Minister, the Secretary or a person who has parental responsibility other than in his or her personal capacity),
(d) a person who has care responsibility for the child under the Adoption Act 2000 (not being the Minister, the Secretary or a person who has care responsibility other than in his or her personal capacity),
(e) for an Aboriginal child or a Torres Strait Islander child—a person who is part of the extended family or kin of the child.
(a) under an arrangement by a designated agency, and
(b) at—
(i) a home, managed by a designated agency, or
(ii) a place where accommodation is provided on a temporary basis.
(a) a person who provides residential care, or
(b) a person prescribed by the regulations.
(a) for Part 9—see section 143, or
(b) for Part 10—see section 153.
(a) funded by the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 of the Commonwealth, or
(b) provided for the purposes of respite services or behaviour support.
(a) a person to whom the person is legally married (including a husband or wife of the person),
(b) the person’s de facto partner.
(a) is not a birth parent, parent or adoptive parent of the particular person, and
(b) is married to the particular person’s birth parent or adoptive parent or is the de facto partner of the birth parent or adoptive parent.
(a) involving the provision of accommodation together with food, care and other support, and
(b) in the State for more than 2 nights in any period of 7 days, and
(c) of a type ordinarily provided to children in a home environment, provided by persons other than the child’s parents or relatives.
(a) means a child descended from a Torres Strait Islander person, and
(b) includes a child the Children’s Court has determined is a Torres Strait Islander child under section 5(3) of the Children and Young Persons (Care and Protection) Act 1998.
(a) is descended from a Torres Strait Islander person, and
(b) identifies as a Torres Strait Islander person, and
(c) is accepted as a Torres Strait Islander person by a Torres Strait Islander community.
(a) by, and
(b) for the purposes of, and
(c) in accordance with, and
(d) within the meaning of.
Children’s Guardian Act 2019 No 25. Assented to 4.12.2019. Date of commencement, except secs 131, 132 and Sch 5.10[5]–[7], 1.3.2020, sec 2(1); date of commencement of secs 131, 132 and Sch 5.10[5]–[7]: not in force. This Act has been amended by Sch 5.10 to this Act and as follows—
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.16, 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. Amended by Children’s Guardian Act 2019 No 25. Assented to 4.12.2019. Date of commencement of Sch 5.22, 1.3.2020, sec 2(1). | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.5, assent, sec 2(1). | |
No 24 | Stronger Communities Legislation Amendment (Courts and Civil) Act 2020. Assented to 28.9.2020. Date of commencement of Sch 1.1[1]–[10] and [21], assent, sec 2(1); date of commencement of Sch 1.1[14]–[17], 1.9.2022, sec 2(2). Sch 1.1[11] [13] and [18]–[20] were not commenced and were repealed by the Children’s Guardian Amendment Act 2022 No 33. Sch 1.1[12] was not commenced and was repealed by the Stronger Communities Legislation Amendment (Miscellaneous) Act 2020 No 31. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Schs 1.9 and 2.7, 11.12.2020, sec 2(3). | |
No 31 | Stronger Communities Legislation Amendment (Miscellaneous) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 2.2[1], 1.9.2022, sec 2(4); date of commencement of Sch 2.2[2]–[4], assent, sec 2(1). | |
No 16 | Families, Communities and Disability Services Miscellaneous Amendment Act 2021. Assented to 23.6.2021. Date of commencement, assent, sec 2. | |
No 30 | Children’s Guardian Amendment (Child Safe Scheme) Act 2021. Assented to 18.11.2021. Date of commencement of Sch 1[1] [2] [3], except to the extent it inserts sec 8J(c) and 8L(1)(b), [4]–[11] and [16]–[23], sec 2 and 2021 (753) LW 17.12.2021; date of commencement of Sch 1[3], to the extent it inserts sec 8J(c) and 8L(1)(b), 1.9.2022, sec 2 and 2022 (477) LW 26.8.2022; date of commencement of Sch 1[12]–[15], 1.2.2023, sec 2 and 2022 (729) LW 2.12.2022. | |
No 45 | Stronger Communities Legislation Amendment (Children) Act 2021. Assented to 8.12.2021. Date of commencement of Sch 5, assent, sec 2(1). | |
No 14 | Public Interest Disclosures Act 2022. Assented to 13.4.2022. Date of commencement, 1.10.2023, sec 2 and 2023 (11) LW 20.1.2023. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. | |
No 33 | Children’s Guardian Amendment Act 2022. Assented to 1.7.2022. Date of commencement of Sch 1[1]–[11] [13] [14], except to the extent it inserts sec 85(1C), [17] [21]–[37] [40]–[45] and [47]–[49], 1.9.2022, sec 2(b); date of commencement of Sch 1[12] [14], to the extent it inserts sec 85(1C), [15] [16] [18]–[20] [38] [39] and [46], 18.7.2022, sec 2(a). | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Schs 3 and 4, assent, sec 2(c). | |
No 39 | Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 46 | Children’s Guardian Amendment Act 2025. Assented to 15.8.2025. Date of commencement of Sch 1[1]–[8] [11]–[18] [20] [22] [23] [29]–[36] [38]–[42] [49] and [50], assent, sec 2(c); date of commencement of Sch 1[9] [10] [19] [21] [24]–[28] [43]–[48] and [51], 1.10.2025, sec 2(a); date of commencement of Sch 1[37] and [52]: not in force. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 2 | Am 2025 No 46, Sch 1[1] [2]. |
Sec 6 | Am 2021 No 30, Sch 1[1]. |
Sec 8 | Am 2021 No 30, Sch 1[2]; 2025 No 46, Sch 1[3]. |
Part 3A | Ins 2021 No 30, Sch 1[3]. |
Part 3A, Div 1 | Ins 2021 No 30, Sch 1[3]. |
Sec 8A | Ins 2021 No 30, Sch 1[3]. |
Sec 8AA | Ins 2021 No 30, Sch 1[3]. |
Sec 8AB | Ins 2021 No 30, Sch 1[3]. |
Sec 8AC | Ins 2021 No 30, Sch 1[3]. Rep 2025 No 46, Sch 1[4]. |
Sec 8B | Ins 2021 No 30, Sch 1[3]. |
Part 3A, Div 2 | Ins 2021 No 30, Sch 1[3]. |
Sec 8C | Ins 2021 No 30, Sch 1[3]. |
Sec 8D | Ins 2021 No 30, Sch 1[3]. Am 2025 No 46, Sch 1[5]. |
Sec 8DA | Ins 2022 No 33, Sch 1[1]. |
Sec 8E | Ins 2021 No 30, Sch 1[3]. |
Part 3A, Div 3 | Ins 2021 No 30, Sch 1[3]. |
Sec 8F | Ins 2021 No 30, Sch 1[3]. |
Sec 8G | Ins 2021 No 30, Sch 1[3]. Am 2022 No 26, Sch 2.6[1]. |
Sec 8H | Ins 2021 No 30, Sch 1[3]. |
Sec 8I | Ins 2021 No 30, Sch 1[3]. |
Sec 8J | Ins 2021 No 30, Sch 1[3]. |
Sec 8K | Ins 2021 No 30, Sch 1[3]. |
Sec 8L | Ins 2021 No 30, Sch 1[3]. |
Sec 8M | Ins 2021 No 30, Sch 1[3]. |
Sec 8N | Ins 2021 No 30, Sch 1[3]. Am 2023 No 35, Sch 3.1. |
Sec 8O | Ins 2021 No 30, Sch 1[3]. |
Part 3A, Div 4 | Ins 2021 No 30, Sch 1[3]. |
Sec 8P | Ins 2021 No 30, Sch 1[3]. |
Sec 8Q | Ins 2021 No 30, Sch 1[3]. |
Sec 8R | Ins 2021 No 30, Sch 1[3]. |
Sec 8S | Ins 2021 No 30, Sch 1[3]. |
Sec 8T | Ins 2021 No 30, Sch 1[3]. |
Part 3A, Div 5 | Ins 2021 No 30, Sch 1[3]. |
Sec 8U | Ins 2021 No 30, Sch 1[3]. |
Sec 8V | Ins 2021 No 30, Sch 1[3]. |
Sec 8W | Ins 2021 No 30, Sch 1[3]. |
Part 3A, Div 6 | Ins 2021 No 30, Sch 1[3]. |
Sec 8X | Ins 2021 No 30, Sch 1[3]. |
Sec 8Y | Ins 2021 No 30, Sch 1[3]. |
Sec 8Z | Ins 2021 No 30, Sch 1[3]. |
Part 3A, Div 7 | Ins 2022 No 33, Sch 1[2]. |
Sec 8ZA | Ins 2022 No 33, Sch 1[2]. |
Sec 8ZB | Ins 2022 No 33, Sch 1[2]. |
Sec 8ZC | Ins 2022 No 33, Sch 1[2]. |
Sec 8ZD | Ins 2022 No 33, Sch 1[2]. |
Sec 10 | Am 2019 No 25, Sch 5.10[1]; 2020 No 24, Sch 1.1[1] [2]; 2025 No 46, Sch 1[6]. |
Sec 12 | Am 2019 No 25, Sch 5.10[2]. |
Sec 13 | Am 2025 No 46, Sch 1[7] [8]. |
Sec 15A | Ins 2019 No 25, Sch 5.10[3]. |
Sec 16 | Am 2019 No 25, Sch 5.10[4]; 2020 No 24, Sch 1.1[3]–[6]; 2025 No 46, Sch 1[9]–[11]. |
Sec 18 | Am 2020 No 30, Sch 1.9[1]. |
Sec 19 | Am 2020 No 30, Sch 1.9[2]. |
Sec 20 | Am 2025 No 46, Sch 1[12]. |
Sec 21 | Am 2025 No 46, Sch 1[13]. |
Sec 24 | Am 2025 No 46, Sch 1[14]. |
Sec 27 | Am 2020 No 24, Sch 1.1[7]; 2022 No 26, Sch 2.6[2]. |
Sec 29 | Am 2021 No 45, Sch 5[1]. |
Sec 30 | Am 2021 No 45, Sch 5[2]–[4]. |
Sec 33 | Am 2021 No 45, Sch 5[5]; 2025 No 46, Sch 1[15]. |
Sec 34 | Am 2025 No 46, Sch 1[16]. |
Sec 36 | Am 2021 No 45, Sch 5[6]; 2025 No 46, Sch 1[17]. |
Sec 37 | Am 2021 No 30, Sch 1[4]; 2025 No 46, Sch 1[18]. |
Sec 40 | Am 2025 No 46, Sch 1[19]. |
Sec 41 | Am 2025 No 46, Sch 1[20]. |
Sec 43 | Am 2021 No 30, Sch 1[5]. |
Sec 49 | Am 2021 No 30, Sch 1[6]. |
Sec 51 | Am 2023 No 35, Sch 4.5[1]. |
Sec 54 | Am 2021 No 30, Sch 1[7] [8]. |
Sec 55 | Am 2021 No 30, Sch 1[9]. |
Sec 57 | Subst 2025 No 46, Sch 1[21]. |
Sec 58 | Am 2022 No 14, Sch 8.1[1] [2]. Subst 2025 No 46, Sch 1[21]. |
Sec 61 | Am 2022 No 14, Sch 8.1[3]; 2025 No 46, Sch 1[22] [23]. |
Sec 63 | Am 2020 No 24, Sch 1.1[8]. |
Sec 66 | Am 2021 No 16, Sch 5[1]; 2022 No 33, Sch 1[3]. |
Sec 70 | Am 2023 No 35, Sch 4.5[2]. |
Part 5, heading | Am 2022 No 33, Sch 1[4]. |
Sec 71 | Am 2022 No 33, Sch 1[5]. |
Sec 72 | Am 2020 No 24, Sch 1.1[9] [10]. Subst 2022 No 33, Sch 1[6]. |
Sec 73 | Rep 2022 No 33, Sch 1[5]. |
Sec 74 | Subst 2022 No 33, Sch 1[7]. |
Sec 75 | Am 2022 No 33, Sch 1[8] [9]. |
Part 5, Div 2 | Rep 2022 No 33, Sch 1[10]. |
Sec 76 | Rep 2022 No 33, Sch 1[10]. |
Sec 77 | Rep 2022 No 33, Sch 1[10]. |
Sec 78 | Rep 2022 No 33, Sch 1[10]. |
Sec 79 | Rep 2022 No 33, Sch 1[10]. |
Sec 80 | Rep 2022 No 33, Sch 1[10]. |
Sec 85 | Am 2020 No 31, Sch 2.2[1]–[4]; 2022 No 33, Sch 1[11]–[15]; 2022 No 59, Sch 2.7[1]. |
Sec 86 | Am 2022 No 33, Sch 1[16] [17]; 2022 No 59, Sch 2.7[1] [2]. |
Sec 87 | Am 2020 No 30, Sch 2.7[1] [2]; 2022 No 33, Sch 1[18]–[20]; 2022 No 59, Sch 2.7[1] [3] [4]. |
Sec 88
Am 2022 No 59, Sch 2.7[2] [5].
Part 6, heading
Subst 2025 No 46, Sch 1[24].
Sec 90
Subst 2025 No 46, Sch 1[25].
Sec 92
Am 2025 No 46, Sch 1[26] [27].
Sec 93
Am 2020 No 24, Sch 1.1[14]; 2025 No 46, Sch 1[28].
Sec 97
Am 2020 No 24, Sch 1.1[15].
Sec 98
Am 2020 No 24, Sch 1.1[16].
Sec 102
Am 2020 No 24, Sch 1.1[17].
Sec 105
Rep 2025 No 46, Sch 1[29].
Part 7, Div 1, heading
Rep 2022 No 33, Sch 1[21].
Sec 110A
Ins 2022 No 33, Sch 1[22].
Part 7, Div 2, heading
Rep 2022 No 33, Sch 1[23].
Sec 112
Am 2022 No 33, Sch 1[24] [25].
Sec 113
Rep 2022 No 33, Sch 1[26]. Ins 2025 No 46, Sch 1[30].
Part 7, Div 3, heading
Rep 2022 No 33, Sch 1[27].
Sec 121
Am 2023 No 39, Sch 2[1] [2]; 2025 No 46, Sch 1[31].
Sec 122
Am 2025 No 46, Sch 1[32].
Sec 123
Subst 2025 No 46, Sch 1[33].
Sec 128
Am 2021 No 30, Sch 1[10]; 2022 No 33, Sch 1[28] [29].
Sec 131
Ins 2019 No 25, Sch 5.8[18] (provision transferred and renumbered from the Children and Young Persons (Care and Protection) Act 1998, sec 182). Rep 2025 No 46, Sch 1[34].
Sec 132
Ins 2019 No 25, Sch 5.8[19] (provision transferred and renumbered from the Children and Young Persons (Care and Protection) Act 1998, sec 184). Rep 2025 No 46, Sch 1[34].
Sec 141
Am 2018 No 70, Sch 4.16 (subst 2019 No 25, Sch 5.22).
Sec 143
Am 2022 No 33, Sch 1[30].
Sec 145
Am 2021 No 30, Sch 1[11]; 2025 No 46, Sch 1[35].
Sec 151
Am 2022 No 33, Sch 1[31].
Part 9A
Ins 2021 No 30, Sch 1[12].
Part 9A, Div 1
Ins 2021 No 30, Sch 1[12].
Sec 152A
Ins 2021 No 30, Sch 1[12].
Sec 152B
Ins 2021 No 30, Sch 1[12].
Sec 152C
Ins 2021 No 30, Sch 1[12].
Sec 152D
Ins 2021 No 30, Sch 1[12].
Sec 152E
Ins 2021 No 30, Sch 1[12].
Sec 152F
Ins 2021 No 30, Sch 1[12].
Part 9A, Div 2
Ins 2021 No 30, Sch 1[12].
Sec 152G
Ins 2021 No 30, Sch 1[12].
Sec 152H
Ins 2021 No 30, Sch 1[12].
Sec 152I
Ins 2021 No 30, Sch 1[12].
Sec 152J
Ins 2021 No 30, Sch 1[12].
Part 9A, Div 3
Ins 2021 No 30, Sch 1[12].
Sec 152K
Ins 2021 No 30, Sch 1[12].
Sec 154
Am 2022 No 33, Sch 1[32] [33].
Sec 163
Am 2021 No 30, Sch 1[13] [14].
Sec 164
Am 2021 No 30, Sch 1[15]; 2022 No 33, Sch 1[5].
Sec 174
Am 2021 No 30, Sch 1[16].
Sec 175
Am 2022 No 33, Sch 1[34].
Sec 180
Am 2021 No 30, Sch 1[17].
Sec 180A
Ins 2021 No 30, Sch 1[18].
Sec 183
Subst 2025 No 46, Sch 1[36].
Sec 183A
Ins 2025 No 46, Sch 1[36].
Sec 184
Am 2022 No 33, Sch 1[5].
Sch 1
Am 2022 No 33, Sch 1[35].
Sch 2
Am 2021 No 30, Sch 1[19] [20]; 2022 No 33, Sch 1[36]; 2025 No 46, Sch 1[38]–[42].
Sch 3
Am 2022 No 14, Sch 8.1[2].
Sch 3A
Ins 2022 No 33, Sch 1[37]. Am 2025 No 46, Sch 1[43]–[45].
Sch 3B
Ins 2022 No 33, Sch 1[37]. Am 2025 No 46, Sch 1[46]–[48].
Sch 4
Am 2020 No 5, Sch 1.5; 2020 No 30, Sch 1.9[3]; 2021 No 16, Sch 5[2]; 2021 No 45, Sch 5[7]; 2022 No 33, Sch 1[38] [39]; 2023 No 39, Sch 2[3]; 2025 No 46, Sch 1[49].
Sch 5
Am 1987 No 15, sec 30C; 2025 No 46, Sch 1[50].
Sch 6
Am 2019 No 25, Sch 5.10[8]; 2020 No 24, Sch 1.1[21]; 2021 No 30, Sch 1[21]–[23]; 2022 No 14, Sch 8.1[4]; 2022 No 33, Sch 1[40]–[49]; 2025 No 46, Sch 1[51].
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