Children’s Guardian Regulation 2022 (NSW)
This Regulation is the Children’s Guardian Regulation 2022.
Subject to subsection (2), this Regulation commences on the day on which it is published on the NSW legislation website.
Part 2 and Schedule 1 commence on 18 July 2022.
The Dictionary in Schedule 8 defines certain terms used in this Regulation.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
For the Act, definition of
(a) a person who provides security services in a residential setting for a residential care provider,
(b) a person who spends 60% or more of the time the person works for a residential care provider in a residential setting doing the following—
(i) developing or implementing case management plans for children in statutory out-of-home care or supported out-of-home care,
(ii) providing administrative support.
The provisions of this regulation relating to the residential care workers register do not apply to a person who—
(a) is authorised or provisionally authorised as an authorised carer under the Children and Young Persons (Care and Protection) Regulation 2022, section 18 or 19, and
(b) only provides statutory out-of-home care or supported out-of-home care in a private capacity.
For the Act, section 85(1A), the following persons are prescribed—
(a) a residential care provider,
(b) the Children’s Guardian,
(c) the Secretary.
A residential care provider is not required to comply with Division 2 in relation to a residential care worker who provides statutory out-of-home care or supported out-of-home care under an emergency authorisation given under the Children and Young Persons (Care and Protection) Regulation 2022, section 22.
The residential care provider must instead, within 72 hours after giving the emergency authorisation, notify the Children’s Guardian of the authorisation and give the Children’s Guardian the following information—
(a) the worker’s full name, any former name and any known aliases,
(b) the worker’s date of birth,
(c) if the worker holds a working with children check clearance—
(i) the working with children number for the clearance, and
(ii) the date on which the clearance ceases to have effect,
(d) if the worker has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number.
The Secretary is not required to comply with Division 2 for a caseworker.
A residential care provider that is required to undertake a check of a relevant individual with another residential care provider under this Division must—
(a) request information about the relevant individual from the other residential care provider using the form approved by the Children’s Guardian, and
(b) consider the information received in response to the request.
A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, undertake each of the following—
(a) a check to verify the applicant’s relevant details,
(b) a nationwide criminal record check for the applicant,
(c) a check of the residential care workers register to determine if the applicant is a relevant individual for another residential care provider,
(d) if the residential care workers register indicates the applicant is a relevant individual for another residential care provider—a check of the relevant individual with the other residential care provider.
A residential care provider is not required to undertake—
(a) a check of a relevant individual with another residential care provider if—
(i) the provider undertook the check with the other provider in the previous 12 months, and
(ii) the result was satisfactory, or
(b) a nationwide criminal record check if—
(i) the check has been undertaken by the residential care provider in the previous 12 months, and
(ii) the result was satisfactory.
A residential care provider is not required to undertake a check required by subsection (1) if—
(a) the provider is satisfied that the applicant is not suitable to be a residential care worker, or
(b) the applicant withdraws the application.
A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, record the following information about the applicant on the residential care workers register—
(a) the applicant’s full name, any former name and any known aliases,
(b) the applicant’s date of birth,
(c) if the applicant holds a working with children check clearance—
(i) the working with children number for the clearance, and
(ii) the date on which the clearance ceases to have effect,
(d) if the applicant has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number,
(e) for a check under section 9(1)(b) or (d)—
(i) the date the check was completed, and
(ii) the outcome of the check,
(f) whether the applicant was referred to the provider by a labour hire agency.
As soon as practicable after making a decision about whether or not to engage an applicant as a residential care worker, the residential care provider must record the following information on the residential care workers register—
(a) the decision,
(b) if the decision is to not offer the applicant the position—the date the decision was made.
A residential care provider must, as soon as practicable after engaging an applicant as a residential care worker, record on the residential care workers register the date the applicant commences work as a residential care worker.
A residential care provider may, with a person’s consent, record the following information on the residential care workers register—
(a) the person’s gender,
(b) whether the person identifies as an Aboriginal person or a Torres Strait Islander person.
This section applies to a person if—
(a) a residential care provider intends to engage the person as a residential care worker, and
(b) the person was engaged as a residential care worker by the residential care provider within the previous 12 months.
Before offering to engage the person, the residential care provider—
(a) must undertake a check to verify the person’s relevant details, and
(b) must check the residential care workers register to see if the person is a relevant individual for another residential care provider, and
(c) if the register indicates the person is a relevant individual for another residential care provider—must undertake a residential care provider check under section 8, and
(d) may undertake a nationwide criminal record check.
The residential care provider must, as soon as practicable after engaging the person, record the following information on the residential care workers register—
(a) the type and date of each check undertaken under this section,
(b) the date the person recommenced work as a residential care worker with the provider.
This section applies to a residential care worker engaged by a residential care provider.
The residential care provider must make a recording on the residential care workers register within 7 business days after becoming aware of a reportable allegation having been made about the residential care worker.
The recording must specify—
(a) that the allegation was made, and
(b) the date the provider became aware of the allegation.
The residential care provider must make a recording on the residential care workers register within 14 business days after—
(a) completing an investigation into a reportable allegation about the residential care worker, or
(b) becoming aware of the completion of an investigation into a reportable allegation about the residential care worker.
The recording must specify—
(a) the outcome of the investigation, and
(b) the date the investigation was completed.
A residential care provider must update information on the residential care workers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.
The residential care provider must, as soon as practicable after updating the register, notify the relevant person that the information has been updated.
A residential care provider must give a relevant person written notice of the reasons for not updating the residential care workers register if—
(a) the relevant person makes a written request to the provider to update the information, and
(b) the provider decides to not update the register because the information is not incomplete or incorrect.
If a residential care provider is incapable of updating information on the residential care workers register as required by this section, the Children’s Guardian may—
(a) update the information on the register on the provider’s behalf, and
(b) notify both the person to whom the information relates and the provider that the information on the register was updated.
This section applies in addition to the Privacy and Personal Information Protection Act 1998, section 15.
In this section—
A residential care provider must, within 14 business days after a person ceases to work as a residential care worker with the provider, update the residential care workers register—
(a) to record the date the person ceased work, and
(b) if the provider has relevant information to disclose about the person—to indicate the provider has relevant information to disclose.
A residential care provider must, as soon as practicable after becoming aware of relevant information about a person currently engaged by the provider as a residential care worker, update the register to indicate the provider has relevant information to disclose.
For the Act, section 85(3), definition of
Schedule 2 sets out the information a designated agency must record on the carers register.
A designated agency must update information on the carers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.
The designated agency must, as soon as practicable after updating the register, notify the relevant person that the information has been updated.
A designated agency must give a relevant person written notice of the reasons for not updating the carers register if—
(a) the relevant person makes a written request to the agency to update the information, and
(b) the agency decides to not update the register because the information is not incorrect or incomplete.
If a designated agency is incapable of updating information on the register as required by this section, the Children’s Guardian may—
(a) update the information on the register on the agency’s behalf, and
(b) notify both the person to whom the information relates and the agency that the information was updated.
This section applies in addition to the Privacy and Personal Information Protection Act 1998, section 15.
In this section—
(a) a carer (a
relevant authorised carer ) authorised by the designated agency to provide statutory out-of-home care or supported out-of-home care in a private capacity,(b) a person who was formerly a relevant authorised carer,
(c) a person who has applied to be a relevant authorised carer,
(d) a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as a relevant authorised carer.
The Children’s Guardian may give access to information held on the carers register to the following—
(a) a designated agency, but only to the extent the information relates to a relevant person for the designated agency within the meaning of section 16,
(b) an accredited adoption service provider, but only to the extent the information relates to—
(i) a person whose suitability to be an adoptive parent is being, or has been, assessed by the accredited adoption service provider, or
(ii) a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as a person referred to in subparagraph (i),
(c) the parent of a child whose information is recorded on the register, but only to the extent the information relates to the child.
The Children’s Guardian must ensure information held by the Children’s Guardian about a decision (the
(a) the original decision was—
(i) to refuse to grant an authorisation as an authorised carer, or
(ii) to cancel an authorisation as an authorised carer, or
(iii) to suspend an authorisation as an authorised carer, and
(b) the original decision has been overturned by—
(i) a designated agency, or
(ii) a court, or
(iii) a tribunal.
The Children’s Guardian must ensure a historical version of a record held by the Children’s Guardian is not made available to a person if the record has been subsequently changed by a designated agency and is a record of—
(a) the agency’s refusal to grant an authorisation as an authorised carer based on an agency specific policy about carer eligibility or suitability, or
(b) the agency’s concerns about the suitability of a person to care for, or reside on the same property as, a child following—
(i) the person withdrawing an application for an authorisation as an authorised carer, or
(ii) the person surrendering an authorisation as an authorised carer, or
(iii) cancellation of the person’s authorisation as an authorised carer, or
(c) concerns the agency had arising from an investigation into a reportable allegation.
The Children’s Guardian may make an original decision or a historical version of a record available to the following—
(a) a designated agency if the designated agency made the original decision or historical version of the record,
(b) the Children’s Guardian,
(c) the Minister,
(d) the Ombudsman,
(e) the Secretary.
An application for accreditation as a designated agency must include a policy (a
(a) sets out behaviour support practices, including the giving of support and counselling, to be applied by authorised carers in the care, management and discipline of children under the supervisory responsibility of the applicant, and
(b) describes procedures for the use of physical restraint, including consent processes and reporting on the use of restraint, and
(c) recognises that the following are prohibited—
(i) physical coercion or physical punishment,
(ii) punishment in the form of immobilisation,
(iii) force-feeding or the deprivation of food,
(iv) punishment intended to humiliate or frighten a child.
An application for accreditation as a designated agency must also include—
(a) a psychotropic drugs policy that sets out the steps the applicant will take on becoming aware that a psychotropic drug has been prescribed to a child in statutory out-of-home care, and
(b) a statement setting out the applicant’s views on the administration of psychotropic drugs to children.
In this section—
(a) issued under a prescription of a medical practitioner, and
(b) that can affect cognition, perception, thinking, mood, behaviour or level of arousal by acting on the central nervous system.
Written notice of a decision to grant or refuse accreditation as a designated agency must include the following—
(a) the reasons for the decision,
(b) the date the decision takes effect,
(c) conditions imposed on the accreditation by the Children’s Guardian,
(d) if accreditation is granted on the basis the applicant substantially satisfies the accreditation criteria—
(i) the criteria not satisfied, and
(ii) the reasons the criteria were not considered to be satisfied, and
(iii) that the criteria must be satisfied within 12 months after the accreditation is granted,
(e) how the applicant may apply for a review of the decision.
The Children’s Guardian may extend the period of accreditation of a designated agency if satisfied—
(a) proposed legislative or other changes to the administration of out-of-home care, including to accreditation criteria, make the extension appropriate, or
(b) events beyond the control of the agency, including a natural disaster or a public health emergency, make it unreasonable to require the agency to renew the accreditation.
The extension—
(a) must be given by written notice, and
(b) is for the period set out in the notice.
For the Act, Schedule 3A, section 12(1)(a), the conditions in Schedule 3 are prescribed.
This Division applies to a transfer of accreditation under the Act, Schedule 3A, section 16 from a former agency to a new agency.
The Children’s Guardian may, by written notice, require a former agency or new agency to provide information to the Children’s Guardian if the Children’s Guardian—
(a) is deciding whether to transfer accreditation, and
(b) reasonably requires the information to make the decision.
The information must be provided in the way, and by the date, specified in the notice.
The Children’s Guardian must consider the following when deciding whether to transfer accreditation—
(a) whether suitable arrangements have been made to ensure continuity of care for children in out-of-home care provided by or arranged by the former agency,
(b) whether the transfer will prejudice legal proceedings or proposed legal proceedings to which the former agency is, or is likely to become, a party.
The Children’s Guardian must refuse to transfer accreditation if the Children’s Guardian is of the opinion the transfer will not promote the best interests of children in out-of-home care.
The Children’s Guardian may refuse to transfer accreditation if the former agency has failed to comply with a condition of accreditation.
The Children’s Guardian must consult the Department before deciding whether to transfer accreditation.
The Children’s Guardian must give the former agency and the new agency written notice of the Children’s Guardian’s decision about the transfer of accreditation.
The notice must set out the following—
(a) the decision,
(b) the reasons for the decision,
(c) if the transfer is approved—
(i) the date the transfer takes effect, and
(ii) the conditions applying to the transfer.
On the transfer taking effect—
(a) the former agency ceases to be accredited as a designated agency, and
(b) the new agency is accredited as a designated agency, and
(c) the new agency is accredited for the remainder of the period of the transferred accreditation, and
(d) a condition of the accreditation imposed by the Children’s Guardian and in force immediately before the transfer continues to apply unless varied or revoked by the Children’s Guardian, and
(e) the new agency is taken to have adopted the former agency’s policies, procedures and practice about the provision of out-of-home care, as in force immediately before the transfer, and
(f) an authorised carer, authorised by the former agency, whose authorisation was in force immediately before the transfer is taken to be authorised by the new agency.
Anything concerning the provision of out-of-home care done by the former agency is taken to have been done by the new agency.
Unless prohibited under an Act, the Children’s Guardian may disclose to a new agency information in the possession of the Children’s Guardian regarding the former agency.
A designated agency must give the Children’s Guardian written notice if the agency ceases to—
(a) provide out-of-home care, or
(b) arrange out-of-home care.
The notice must be given within 10 business days after the agency ceases to provide or arrange out-of-home care.
The Children’s Guardian must ensure the following information about a designated agency is made publicly available on the Office of the Children’s Guardian’s website—
(a) the agency’s corporate and business names and ABN,
(b) whether the agency is provisionally accredited or fully accredited,
(c) the conditions imposed on the agency’s accreditation by the Children’s Guardian,
(d) the street and postal addresses of the agency’s principal office,
(e) the agency’s general telephone number and email address,
(f) the full name of the agency’s principal officer.
The information—
(a) must be made available as soon as practicable after the agency is accredited, and
(b) must be kept up to date.
For the Act, section 8DA(1), the code of practice in Schedule 3A is prescribed for designated agencies.
A designated agency must give written notice to the Children’s Guardian if the designated agency—
(a) provides or supervises specialised substitute residential care for a child, and
(b) becomes aware the child has been—
(i) in unsupervised care for more than a total of 90 days in a period of 12 months, or
(ii) in specialised substitute residential care, whether provided by the agency or another organisation, for more than a total of 180 days in a period of 12 months.
The notice must be given as soon as practicable.
In this section—
A designated agency that prepares or reviews a case plan for a child in specialised substitute residential care must—
(a) within 5 business days after preparing or reviewing the plan, give the Children’s Guardian written notice of—
(i) the preparation or review of the plan, and
(ii) the date on which the preparation or review of the plan was completed, and
(b) if the plan does not meet the child’s needs—notify the Children’s Guardian as soon as practicable after becoming aware the plan does not meet the child’s needs, and
(c) keep the plan or review until the child is 18 years of age.
Note— See the State Records Act 1998 in relation to other record keeping obligations.
The Children’s Guardian may keep a record of the following—
(a) the names of entities providing or supervising specialised substitute residential care,
(b) the information about an entity providing or supervising specialised substitute residential care the Children’s Guardian considers appropriate for inclusion in the record.
The record may be published on the Office of the Children’s Guardian’s website.
The specialised substitute residential care register must only be made available to the following—
(a) a designated agency providing, or supervising, specialised substitute residential care for a child,
(b) an entity providing specialised substitute residential care for a child, if—
(i) the entity was immediately before 1 September 2022 a registered agency under the Children and Young Persons (Care and Protection) Regulation 2012, or
(ii) the entity has completed a self-assessment under Schedule 4, section 6,
(c) the Minister,
(d) a person who is employed by or in the Department,
(e) the Ombudsman,
(f) the Privacy Commissioner,
(g) an Official Community Visitor,
(h) the Commissioner of Police or another police officer holding the rank of inspector or above in the NSW Police Force, but only for the purpose of the investigation of a missing person or a possible criminal offence,
(i) the State Coroner or a Deputy State Coroner, but only in connection with a death or suspected death the Coroner or Deputy Coroner is investigating.
An entity must, within 5 business days after a child commences specialised substitute residential care with the entity, enter on the specialised substitute residential care register—
(a) the following information about the child, unless the information is already on the register—
(i) the child’s full name and other names the child is or has been known by,
(ii) the child’s gender,
(iii) the child’s date and place of birth,
(iv) whether the child is an Aboriginal person or a Torres Strait Islander person,
(v) whether the child has a significant disability, and
(b) the name of the entity, and
(c) the date the specialised substitute residential care commenced, and
(d) if a case plan has been prepared for the child—the date the plan was prepared and each review date for the plan.
The entity must, within 5 business days after the child finishes the specialised substitute residential care with the entity, enter on the specialised substitute residential care register the date the specialised substitute residential care ceased to be provided by the entity.
If the entity does not have access to the specialised substitute residential care register under section 34(b), the reference in subsection (1) to 5 business days after a child commences specialised substitute residential care with the entity is taken to be a reference to the later of the following—
(a) 5 business days after a child commences specialised substitute residential care with the entity,
(b) 5 business days after the entity has access to the specialised substitute residential care register.
In this section—
(a) is attributable to 1 or more intellectual, psychiatric, sensory or physical impairments, and
(b) is permanent or likely to be permanent, and
(c) results in—
(i) significantly reduced capacity in 1 or more major life activities, including communication, learning, mobility, decision-making or self-care, and
(ii) the need for support, whether or not of an ongoing nature.
A designated agency must, within 5 business days after a child commences specialised substitute residential care supervised by the designated agency, enter on the specialised substitute residential care register—
(a) the child’s full name and other names the child is or has been known by, and
(b) the name of the entity providing the specialised substitute residential care, and
(c) the designated agency’s name, and
(d) the date the supervision commenced.
A person may apply to the Children’s Guardian for a copy of the information recorded on the specialised substitute residential care register about the person.
If the person is a child, the application may be made by a parent of the child.
The Children’s Guardian must give the information to the applicant as soon as practicable after the application is made.
A person may apply to the Children’s Guardian to update the specialised substitute residential care register to correct information about the person that is incorrect or incomplete.
If the person is a child, the application may be made by a parent of the child.
The Children’s Guardian must update the register if the Children’s Guardian is satisfied the information is incorrect or incomplete.
The Children’s Guardian must give the applicant written notice of the reasons for not updating the register if the Children’s Guardian decides the information is not incorrect or incomplete.
For the Act, section 8DA(1), the code of practice in Schedule 4 is prescribed for entities providing specialised substitute residential care.
A designated agency supervising the provision of specialised substitute residential care by an entity must arrange supervision meetings with the entity at least once in each calendar month.
Written notice of a decision to grant or refuse accreditation must include the following—
(a) the reasons for the decision,
(b) the date the decision takes effect,
(c) conditions imposed on the accreditation by the Children’s Guardian,
(d) if accreditation is granted on the basis the applicant substantially satisfies the accreditation criteria—
(i) the criteria not satisfied, and
(ii) the reasons the criteria were not considered to be satisfied, and
(iii) that the criteria must be satisfied within 12 months after the accreditation is granted,
(e) how the applicant may apply for a review of the decision.
The Children’s Guardian may extend the period of accreditation of an accredited adoption service provider if satisfied—
(a) proposed legislative or other changes to the administration of adoption services, including to accreditation criteria, make the extension appropriate, or
(b) events beyond the control of the provider, including a natural disaster or a public health emergency, make it unreasonable to require the provider to renew the accreditation.
The extension—
(a) must be given by written notice, and
(b) is for the period set out in the notice.
For the Act, Schedule 3B, section 12(1)(a), the conditions in Schedule 5 are prescribed.
This Division applies to a transfer of accreditation under the Act, Schedule 3B, section 17 from a former organisation to a new organisation.
The Children’s Guardian may, by written notice, require a former organisation or new organisation to provide information to the Children’s Guardian if the Children’s Guardian—
(a) is deciding whether to transfer accreditation, and
(b) reasonably requires the information to make the decision.
The information must be provided in the way, and by the date, specified in the notice.
The Children’s Guardian must consider the following when deciding whether to transfer accreditation—
(a) whether suitable arrangements have been made to ensure continuity of adoption services provided by the former organisation,
(b) whether the transfer will prejudice legal proceedings or proposed legal proceedings to which the former organisation is, or is likely to become, a party.
The Children’s Guardian may refuse to transfer accreditation if the former organisation has failed to comply with a condition of accreditation.
The Children’s Guardian must, before deciding whether to transfer accreditation, consult with—
(a) the Department, and
(b) if the new organisation will provide intercountry adoption services—the Commonwealth Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth.
The Children’s Guardian must give the former organisation and the new organisation written notice of the Children’s Guardian’s decision about the transfer of accreditation.
The notice must set out the following—
(a) the decision,
(b) the reasons for the decision,
(c) if the transfer is approved—
(i) the date the transfer takes effect, and
(ii) the conditions applying to the transfer.
On the transfer taking effect—
(a) the former organisation ceases to be accredited as an adoption service provider, and
(b) the new organisation is accredited as an adoption service provider, and
(c) the new organisation is accredited for the remainder of the period of the transferred accreditation, and
(d) a condition of the accreditation imposed by the Children’s Guardian and in force immediately before the transfer continues to apply unless varied or revoked by the Children’s Guardian, and
(e) the new organisation is taken to have adopted the former organisation’s policies, procedures and practice about the provision of adoption services, as in force immediately before the transfer.
Anything concerning the provision of adoption services done by the former organisation is taken to have been done by the new organisation.
Unless prohibited under an Act, the Children’s Guardian may disclose to a new organisation information in the possession of the Children’s Guardian regarding the former organisation.
An accredited adoption service provider must give the Children’s Guardian written notice if the provider ceases to provide adoption services.
The notice must be given within 10 business days after the provider ceases to provide adoption services.
As soon as practicable after the provider ceases to provide adoption services, the provider must ensure records kept by the provider under the Act, this Regulation or the Adoption Act 2000 are given to the Secretary.
The Children’s Guardian must ensure the following information about an accredited adoption service provider is made publicly available on the Office of the Children’s Guardian’s website—
(a) the provider’s corporate and business names and ABN,
(b) whether the provider is provisionally accredited or fully accredited,
(c) the adoption services the provider is accredited to provide,
(d) the conditions imposed on the provider’s accreditation by the Children’s Guardian,
(e) the duration of the provider’s accreditation,
(f) the street and postal addresses of the provider’s principal office,
(g) the provider’s general telephone number and email address,
(h) the full name of the provider’s principal officer.
The information—
(a) must be made available as soon as practicable after the provider is accredited, and
(b) must be kept up to date.
For the Act, section 8DA(1), the code of practice in Schedule 3A is prescribed for adoption service providers.
In this Part—
(a) accredited by the Australian Skills Quality Authority, or
(b) at a university.
(a) has the same meaning as in the Act, section 94(1)(b), and
(b) to avoid doubt, includes a performer representative exemption.
Children taking part in an activity regulated by an employer’s authority are taken to be employed by a person responsible for directing the children in the activity if—
(a) the person pays, or agrees to pay, another person for at least 1 child taking part in the activity, or
(b) the person is an arts student and the activity occurs as a requirement of the person’s studies.
Performer representatives for children are taken to employ the children they represent.
In this section—
For the Act, section 90(1), definition of
(a) a preparatory activity,
(b) a still photographic session,
(c) modelling work,
(d) promotional work,
(e) performance art,
(f) public speaking.
For the Act, section 93(1)(c), the following persons are exempt from the requirement to hold an employer’s authority—
(a) a person who only acts as the performer representative of a child,
(b) a person who employs a child who is—
(i) at least 10 years of age, and
(ii) only employed outside school hours, and
(iii) employed for no more than 10 hours per week.
For the Act, section 102(4)(b), the Children’s Guardian may revoke an exemption granted by this section.
It is a condition of an employer’s authority and an employer’s exemption that the employer must give the Children’s Guardian information about the employment of children by the employer that the Children’s Guardian reasonably requires.
The prescribed fee for an application for an employer’s authority is—
(a) for a still photographic session—
Duration of authority
Fee
More than 6 months and up to 12 months
$1,075
More than 3 months and up to 6 months
$914
More than 1 week and up to 3 months
$806
1 week or less
$100
(b) otherwise—
Duration of authority
Fee
More than 6 months and up to 12 months
$2,400
More than 3 months and up to 6 months
$2,040
More than 1 week and up to 3 months
$1,830
1 week or less
$200
An arts student is not required to pay a fee for an employer’s authority.
For the Act, section 97(1B), the Code of Practice in Schedule 6 is prescribed.
It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must—
(a) comply with the Code of Practice, and
(b) use the employer’s best endeavours to ensure all adults employed by the employer comply with the Code of Practice.
It is a condition of a performer representative exemption that the performer representative must—
(a) comply with the Code of Practice, sections 3–5, and
(b) use the performer representative’s best endeavours to ensure all adults employed by the performer representative comply with the Code of Practice, sections 3–5, and
(c) not cause or procure a child to be employed if the performer representative knows, or would reasonably be expected to know, the child will be employed in contravention of the Code of Practice, section 26(1), (4) or (6).
It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must ensure a copy of 1 of the following is given to the parent of a child before the child commences employment with the employer—
(a) the Code of Practice,
(b) a document, approved by the Children’s Guardian, that explains the Code of Practice.
It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must comply with this section.
The employer must prepare a code of conduct addressing the safety and welfare of children employed by the employer.
The employer’s code of conduct must be prepared in accordance with guidelines approved by the Children’s Guardian.
An employer must provide a copy of the code of conduct to each of the following persons before the person has contact with a child employed by the employer—
(a) a person employed by the employer,
(b) a parent of each child employed by the employer.
An employer must not fail to comply with a condition of an employer’s exemption.
Maximum penalty—50 penalty units.
Employment of a child in contravention of a condition of an employer’s authority is also an offence—see the Act, section 97(2).
For the Act, section 17(1)(b), the following persons are prescribed as the head of a relevant entity—
(a) for an adult who, under the Child Protection (Working with Children) Act 2012, section 10, 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—the head of the relevant entity that authorised the authorised carer with whom the adult resides,
(b) for the Cancer Institute (NSW) constituted by the Cancer Institute (NSW) Act 2003—the Secretary of the Ministry of Health,
(c) for the NSW Health Service, as referred to in the Health Services Act 1997, section 115—the Secretary of the Ministry of Health.
For the Act, section 133(3)(b), the head of a government sector agency, within the meaning of the Government Sector Employment Act 2013, section 3(1), is prescribed.
For the Act, section 57(4)(b)(viii), a person, other than the Minister or the Secretary, is prescribed if the person had parental responsibility for a child immediately before—
(a) the child was placed in out-of-home care, or
(b) the Children’s Court made an order allocating parental responsibility for the child.
Information directed to be given to the Children’s Guardian under the Act, section 180(1)(b) must be written and in the form specified by the Children’s Guardian.
Records made in connection with the administration or execution of the Act, Part 7 are open to inspection by, and may be made available to, the following—
(a) officers of the Children’s Court,
(b) the Secretary,
(c) the principal officer of an accredited adoption service provider, for proceedings involving the service provider,
(d) if the records are for the exercise of the Children’s Guardian’s functions under the Act, Part 7 or under the Child Protection (Working with Children) Act 2012—the Children’s Guardian.
For the Act, section 30(2)(a), the Children’s Guardian must consult on the proposed exemption with persons or other bodies that, in the Children’s Guardian’s opinion, are relevant, including the following—
(a) the relevant entity intended to be subject to the exemption,
(b) if applicable—the relevant regulator or the representative body of the relevant entity.
For the Act, section 30(2)(b), the prescribed criteria a relevant entity must satisfy for a class or kind of conduct of its employees to be exempt is that—
(a) the relevant entity has—
(i) systems and practices that comply with the Act, section 54(2) for identifying and responding to reportable allegations and convictions, and
(ii) a consistent record of identifying and responding to reportable allegations and convictions in accordance with the Act, or
(b) the relevant entity must be required to report the class or kind of conduct of its employees to a relevant regulator, or
(c) the relevant entity must be a member of a representative body that provides advice, guidance and support on matters under the reportable conduct scheme.
In this section—
(a) the relevant entity must notify in relation to reports about the class or kind of conduct proposed to be exempted, and
(b) must respond, or oversee the relevant entity’s response, to the class or kind of conduct proposed to be exempted.
(a) is an organisation of which the relevant entity is a member, and
(b) provides advice, support and guidance to the relevant entity on matters under the reportable conduct scheme.
In this Part—
(a) works for the residential care provider, and
(b) is a residential care worker to whom this Regulation applies.
This Regulation, Part 2, Division 2 extends to an application for employment as a residential care worker to which this Regulation applies, that was made, but not finally dealt with, before the commencement day.
Within 90 days after the commencement day a residential care provider must, for an existing worker of the residential care provider—
(a) conduct a check to verify the worker’s relevant details, and
(b) record the following information about the worker on the residential care workers register—
(i) the information specified in this Regulation, section 10(1)(a)–(d),
(ii) the information specified in this Regulation, section 10(4), if the worker consents to the information being recorded on the residential care workers register,
(iii) the date a nationwide criminal record check was conducted and the outcome of the check,
(iv) the date the worker commenced work with the provider.
As soon as practicable after the commencement day, and within 180 days after the commencement day, a residential care provider must, for an existing worker, undertake—
(a) a check of the residential care workers register to determine if the worker is a relevant individual for another residential care provider, and
(b) if the residential care workers register indicates the worker is a relevant individual for another residential care provider—a check of the relevant individual with the other residential care provider in accordance with this Regulation, Part 2, Division 2.
As soon as practicable after conducting a check under subsection (2), the residential care provider that conducted the check must record the following information on the residential care workers register—
(a) the date the check was conducted,
(b) the outcome of the check.
This Regulation, section 12 extends to a reportable allegation made before the commencement day if the investigation of the allegation is not complete on the commencement day.
The requirement in section 12(1) for the residential care provider to record on the residential care workers register information about a reportable allegation within 7 business days of becoming aware of the allegation is be taken as a requirement to record the information within 7 business days of the commencement day.
The carers register kept under Part 3 is taken to be a continuation of the carers register kept under the Children and Young Persons (Care and Protection) Regulation 2012 immediately before 1 September 2022.
Information on the register established and maintained under the Children and Young Persons (Care and Protection) Regulation 2012, clause 82 immediately before 1 September 2022 is transferred to the specialised substitute residential care register kept under the Act, section 85(1)(c).
An act, matter or thing that, immediately before the repeal of the Children and Young Persons (Care and Protection) (Child Employment) Regulation 2015, had effect under that Regulation continues to have effect under this Regulation.
section 15
In this Schedule—
(a) whether the person has—
(i) a working with children check clearance, or
(ii) a current application and, if the person has a current application, the application number, or
(iii) a continuing residence approval,
(b) if the person has a current working with children check clearance—
(i) the working with children number, and
(ii) the expiry date,
(c) whether the person is subject to 1 or more of the following decisions of the Children’s Guardian under the Child Protection (Working with Children) Act 2012—
(i) a decision to refuse to grant a working with children check clearance,
(ii) a decision to cancel a working with children check clearance,
(iii) a decision to impose an interim bar on a working with children check clearance holder or applicant,
(d) whether the person has previously held a working with children check clearance that has expired.
This section sets out the information to be entered on the carers register about the following persons—
(a) a relevant authorised carer,
(b) a person who was formerly a relevant authorised carer,
(c) a person who has applied to be a relevant authorised carer.
A designated agency must enter the following information on the carers register within 14 business days after a person first applies to be an authorised carer—
(a) the person’s full name and other names the person is or has been known by,
(b) the person’s gender,
(c) the person’s date of birth,
(d) the date on which the person’s application was made or taken to be made.
A designated agency must, before approving a person’s application to be an authorised carer, or within 14 business days after the application is refused, withdrawn or otherwise terminated, enter the following information on the carers register—
(a) the person’s home address,
(b) whether the person has been authorised as an authorised carer, or similar, in another State or a Territory,
(c) the person’s working with children check status information,
(d) the date and the outcome of—
(i) if the person’s home has been inspected by the agency—the inspection, and
(ii) other suitability assessments completed by the agency,
(e) if the agency required the person to complete education or training before being authorised—the education or training completed,
(f) whether the agency has determined the person is capable and suitable to be an authorised carer and the date the determination was made,
(g) whether the person identifies as an Aboriginal person or a Torres Strait Islander person,
(h) if the application is withdrawn—
(i) the date the application was withdrawn, and
(ii) concerns the agency had about the person’s suitability to care for, or reside on the same property as, a child,
(i) if the application is terminated because of the death of the person—
(i) the date the person died, or
(ii) if the date the person died is not known—the date the agency became aware the person died,
(j) if the application is refused—
(i) the date the application was refused, and
(ii) whether the refusal was on the grounds of a policy specific to the agency about carer eligibility or suitability.
For a relevant authorised carer who is provisionally authorised, the following information must be entered on the carers register within 14 business days after the first child is placed with the carer—
(a) the date the first child was placed with the carer,
(b) the information required to be entered on the register under subsection (3)(a), (c), (d)(i), (f) and (g).
A designated agency must, within 14 business days after approving an application for authorisation as an authorised carer, enter the following on the carers register—
(a) the date of the approval,
(b) if the approval is subject to a condition that the authorised carer may provide out-of-home care only to a child who is a relative or kin of the carer or who knows the carer—that condition.
This section applies to the following persons—
(a) a relevant authorised carer,
(b) a person who was formerly a relevant authorised carer.
A designated agency must enter the following information on the carers register within 14 business days after becoming aware of the information—
(a) if a person died while authorised by the agency—
(i) the date the person died, or
(ii) if the date the person died is not known—the date the agency became aware the person died,
(b) if a person’s authorisation by the agency has been suspended—the date of the suspension,
(c) if the suspension of a person’s authorisation by the agency has ended—the date the suspension ended,
(d) if a person’s authorisation by the agency has been surrendered or cancelled—
(i) the date of the surrender or cancellation, and
(ii) concerns, associated with the surrender or cancellation, the agency had about the person’s suitability to care for, or reside on the same property as, a child.
A designated agency must, within 14 business days after becoming aware a person is a relevant resident, enter the following information about the person on the carers register—
(a) the person’s full name and other names the person is or has been known by,
(b) the person’s gender,
(c) the person’s date of birth,
(d) whether the person identifies as an Aboriginal person or a Torres Strait Islander person,
(e) the person’s working with children check status information.
A designated agency must enter on the carers register the following information about a relevant resident within 14 business days after becoming aware of the information—
(a) the date and the outcome of suitability assessments completed by the agency,
(b) if the person has died—
(i) the date the person died, or
(ii) if the date the person died is not known—the date the agency became aware the person died,
(c) if the person no longer resides on the same property as the authorised carer or applicant—
(i) the date the person ceased to reside on the property, or
(ii) if the date the person ceased to reside on the property is not known—the date the agency became aware the person ceased to reside on the property.
A designated agency must, within 7 business days after becoming aware of a reportable allegation, record the following information on the carers register—
(a) that the allegation has been made,
(b) the date the designated agency became aware of the allegation.
A designated agency must, within 14 business days after finalising, or becoming aware of the finalisation of, the investigation of a reportable allegation, record the following information on the carers register—
(a) the outcome of the investigation,
(b) the date the investigation was finalised.
section 22
A designated agency must, when authorising a person as an authorised carer under the Children and Young Persons (Care and Protection) Regulation 2022, section 22, comply with relevant guidelines issued by the Children’s Guardian.
A designated agency must not arrange out-of-home care for a child unless—
(a) the Children’s Court or another court has ordered the child be placed in out-of-home care, or
(b) for a child under the age of 16 years—at the request of a person having parental responsibility for the child, or
(c) for a child who is at least 16 years of age—at the request of the child.
A request for out-of-home care may be made orally or in writing.
A designated agency that arranges out-of-home care must confirm the following requests in writing with the person with parental responsibility for the child within 5 business days after making the arrangements—
(a) an oral request under subsection (1)(b),
(b) a request under subsection (1)(c).
A designated agency must not arrange out-of-home care for a child unless the agency is satisfied the following are able to meet the needs of the child—
(a) the designated agency,
(b) an authorised carer with whom the child is placed.
A designated agency must not arrange out-of-home care to be provided to a child in a private home unless the authorised carer providing the care is authorised under the Children and Young Persons (Care and Protection) Regulation 2022, section 18 or 19.
A designated agency that arranges the placement of a child in out-of-home care must use the agency’s best endeavours to document the social and medical history of the child and the child’s family.
A designated agency must cooperate with an authorised person who enters the premises of the designated agency to inspect or search the premises under the Act, Schedule 2.
A designated agency that arranges out-of-home care for a child must give—
(a) the Secretary the information about the child the Secretary may reasonably require, and
(b) the Children’s Guardian the information about the child the Children’s Guardian may reasonably require.
A designated agency that places a child less than 12 years of age in residential care must give the Children’s Guardian the following information—
(a) the child’s full name,
(b) information about the residential unit in which the child is placed,
(c) the reasons the child is placed in residential care.
The information must be given to the Secretary and the Children’s Guardian in writing.
A designated agency must ensure procedures are in place for the principal officer of the agency to be notified as soon as practicable if a reportable allegation is made about—
(a) a person who is or has been authorised as an authorised carer by the designated agency, or
(b) an adult who is a relevant resident.
A designated agency that is unable to satisfy 1 or more accreditation criteria applying to the agency must notify the Children’s Guardian as soon as practicable after becoming aware the agency is unable to satisfy the criteria.
Subsection (1) does not apply if the Children’s Guardian has given the agency written notice that notification is not required.
A designated agency that is unable to comply with a condition of the agency’s accreditation must notify the Children’s Guardian as soon as practicable after the agency becomes aware the agency is unable to comply with the condition.
A designated agency must give the Children’s Guardian and the Secretary written notice of a change to 1 or more of the following—
(a) the agency’s ABN,
(b) the agency’s business address,
(c) the agency’s business name,
(d) the agency’s email address,
(e) the agency’s telephone number,
(f) the agency’s principal officer.
Notice must be given within 1 business day after the change.
A designated agency must give the Secretary written notice of a change in—
(a) the terms of the documents governing the agency’s constitution, or
(b) the terms of a trust the agency has established in connection with the arrangements the agency makes for out-of-home care.
Notice must be given within 10 business days after the change.
sections 30A and 51A
In this schedule—
(a) a relevant authorised carer within the meaning of the Act, section 85(1B)(a),
(b) an applicant within the meaning of the Adoption Act 2000, Chapter 4, Part 3 or 3A,
(c) a prospective guardian within the meaning of the Children and Young Persons (Care and Protection) Act 1998.
(a) a designated agency, or
(b) an adoption service provider.
This code of practice applies to the following entities—
(a) designated agencies,
(b) adoption service providers.
The objects of this code of practice are as follows—
(a) to promote the safety, welfare, wellbeing, rights and best interests of children—
(i) in out-of-home care, or
(ii) the subject of an adoption arrangement,
(b) to facilitate compliance with the Child Safe Standards,
(c) to establish practice requirements for entities,
(d) to set out the steps that must be taken by an entity to obtain and maintain accreditation under the Act.
The principal officer of a designated agency must ensure that, in arranging or providing out-of-home care, the agency is guided by the principles set out in this part.
The principal officer of an adoption service provider must ensure that, in providing an adoption service, the provider is guided by the principles set out in this part.
The best interests of the child must be the paramount consideration in all decisions that affect a child’s life.
A child has a right to be safe and to be cared for in safe, nurturing, stable and secure care environments.
A child in out-of-home care or the subject of an adoption arrangement may have experienced abuse or neglect and require the support of caregivers and staff who understand the impact of trauma on psychosocial, psychological and physical development.
A child has a right to participate in decisions that affect the child’s life.
Decision-making must take account of the child’s views, preferences, personal goals and aspirations.
All decisions about a child must take into account the child’s—
(a) culture and language, and
(b) religion and spirituality, and
(c) gender identity and sexuality, and
(d) if the child lives with a disability—strengths and needs.
Decision-making must be collaborative and support the participation of a child’s family, kin and community.
An adopted child has a right to—
(a) be given information on the child’s family history, and
(b) be supported to understand why the child was adopted, and
(c) experience connections to family and culture.
The adoptive parents of an adopted child must demonstrate a commitment and capacity to support openness in adoption to meet the child’s lifelong identity needs.
Decisions about the lives of Aboriginal and Torres Strait Islander children must be made by applying each of the elements of the Aboriginal and Torres Strait Islander Children and Young Persons Principle referred to in the Children and Young Persons (Care and Protection) Act 1998, section 12A.
Decisions about placement or casework must be made with regard to the principle of active efforts referred to in the Children and Young Persons (Care and Protection) Act 1998, section 9A.
The principal officer of a designated agency must ensure the agency complies with the practice requirements that apply to designated agencies.
The principal officer of an adoption service provider must ensure the provider complies with the practice requirements that apply to adoption service providers.
Nothing in this code of practice affects an entity’s obligations under a NSW or Commonwealth privacy law.
For the Act, section 8DA(6)(a), the following practice requirements are steps that must be taken to implement the corresponding Child Safe Standards—
(a) practice requirement 1—Child Safe Standard 1,
(b) practice requirement 2—Child Safe Standard 2,
(c) practice requirement 3—Child Safe Standard 3,
(d) practice requirement 4—Child Safe Standard 4,
(e) practice requirement 5—Child Safe Standards 5 and 7,
(f) practice requirement 6—Child Safe Standard 6,
(g) practice requirement 7—Child Safe Standard 8,
(h) practice requirement 8—Child Safe Standards 9 and 10.
For the Act, section 8DA(7), the practice requirements are steps that must be taken to obtain and maintain accreditation under the Act.
In this regulation, a
(a) in the care of an entity, or
(b) to whom an entity has a supervisory responsibility.
A critical event includes the following—
(a) the death of, or a serious injury to—
(i) the child, or
(ii) an authorised carer of the child,
(b) the child going missing,
(c) the child—
(i) becoming pregnant, or
(ii) requesting a termination of a pregnancy,
(d) the child intending to get married,
(e) the child being exposed to—
(i) a confirmed or suspected registrable person under the Child Protection (Offenders Registration) Act 2000, section 3A, or
(ii) a person listed on the Child Protection Register under the Child Protection (Offenders Registration) Act 2000, section 19,
(f) an allegation that the child has committed a serious criminal offence,
(g) a planned end-of-life event for the child,
(h) a reportable allegation or conviction relating to a staff member of the entity,
(i) a finding by the entity that a person has engaged in conduct set out in the Child Protection (Working with Children) Act 2012, Schedule 1, clause 2,
(j) a cancellation or suspension of the entity’s accreditation as a designated agency or adoption service provider,
(k) an event affecting the child that has the potential to—
(i) become a matter of public interest, or
(ii) result in a potential loss of public confidence, or
(iii) result in media attention requiring a media response.
An entity must clearly document—
(a) the persons to whom the entity delegates its functions, and
(b) the decisions of its governing body and the reasons for the decisions.
An entity must have policies and processes for managing conflicts of interest.
An entity must have systems, policies and procedures that set out the entity’s commitment to child safety and how the entity will achieve that commitment.
An entity must have a transparent recruitment process for the entity’s principal officer and the members of its governing body, including—
(a) keeping records of recruitment or nomination processes, and
(b) completing probity and suitability checks.
An entity’s principal officer and governing body must have, or have access to, expertise in—
(a) child protection, and
(b) if the entity provides out-of-home care—out-of-home care, and
(c) if the entity is an adoption service provider—adoption services.
An entity’s governing body must understand, and have the skills necessary to fulfil, its roles and responsibilities.
An entity’s staff must report information to the entity’s principal officer and governing body about risks to the safety, welfare or wellbeing of children, including the following—
(a) critical events,
(b) complaints,
(c) reportable allegations.
An entity must ensure staff who work with and care for children have the training, supervision, support and resources necessary to perform their roles.
In the application of this division, an entity must have due regard to the age and developmental capacity of a child.
An entity must—
(a) give a child a copy of the Charter of Rights prepared under the Children and Young Persons (Care and Protection) Act 1998, section 162, and
(b) explain the Charter of Rights to the child in a way the child can understand.
An entity must give information to a child in a way the child can understand, taking into account the child’s age, capacity and development, to help the child make informed decisions about and, if relevant, give consent to guardianship or adoption.
An entity must support a child to access information about the child and the child’s family and care history.
An entity must uphold a child’s right to privacy and confidentiality.
An entity must support a child to—
(a) make informed choices about the child’s personal appearance, personal space, name and identity, and
(b) maintain relationships with siblings and peers in accordance with the child’s wishes and best interests.
An entity must ensure—
(a) if possible and appropriate—meetings and discussions about decisions that affect a child’s life occur in a place and at a time that supports the child’s participation, or
(b) if the child does not attend formal meetings—the child’s views are gathered in other ways.
If a child can form the child’s own views about the child’s safety, welfare and wellbeing, an entity must ensure—
(a) the child is given the opportunity to express the child’s views, and
(b) the entity gives the child’s views due weight.
An entity must explain decisions to a child in a way the child can understand.
An entity must take all reasonable steps to locate and gather information about a child’s parents, extended family and community.
An entity must, if possible and appropriate, support the following persons (
(a) the child’s parents,
(b) the child’s extended family,
(c) members of the child’s community,
(d) other persons who have a close connection with the child.
An entity must, if a relevant person does not want to participate in making decisions, ensure the person’s views are gathered in other ways.
An entity must give a relevant person for a child information about the child’s placement and progress in care—
(a) to the extent it is safe to do so, and
(b) having consideration for the child’s wishes, and
(c) in accordance with the children’s care legislation.
An entity must, if possible and appropriate—
(a) give a relevant person information about how to contact the entity, and
(b) be responsive to the person’s requests and concerns.
An entity must give the parents and family of a child information about future care options for the child—
(a) in a way the parents and family can understand, and
(b) to help the parents and family—
(i) participate in decision-making processes, and
(ii) make informed decisions about restoration, guardianship or adoption, and
(iii) if relevant, give informed consent to adoption.
An entity must give parents and family information and support to facilitate restoration where relevant and appropriate.
An entity must ensure a child has a case plan that addresses all the child’s care needs and sets out responsibilities and timeframes for completing casework tasks.
The entity must review the case plan—
(a) at least annually, and
(b) if there is an unplanned placement change or a significant change in the child’s circumstances.
An entity must maintain accurate, up-to-date information and records about a child, including records of casework and the reasons for casework decisions, including placement decisions.
An entity must work collaboratively with other persons responsible for providing care and support to a child, the child’s carers and the child’s family, including sharing information relating to the child’s safety, welfare and wellbeing in accordance with the children’s care legislation.
An entity must ensure the following persons are given information about, and supported to engage in the development and review of, a child’s case plan—
(a) the child,
(b) the child’s family,
(c) persons who are important to the child and to the child’s family,
(d) the child’s caregivers.
An entity must review a child’s health and educational needs at least annually, as part of the annual case plan review.
An entity must support a child to—
(a) attend an appropriate educational institution, and
(b) access health services.
An entity must ensure—
(a) a child’s health and educational needs are addressed as required, and
(b) recommendations for further assessment, treatment, supports or interventions are followed up.
An entity must support Aboriginal and Torres Strait Islander children to access culturally appropriate health services.
An entity must support a child to—
(a) develop and maintain safe and healthy peer relationships, and
(b) engage in social and recreational activities, and
(c) develop and maintain connections with the child’s community, culture, language and spirituality.
An entity must include a child’s family and persons who are important to the child in decisions about how to support cultural and community connections.
The entity must support the child’s relationships with the child’s family and persons who are important to the child in accordance with the child’s wishes and best interests.
An entity must—
(a) develop restoration, adoption and guardianship plans for a child in consultation with the child’s birth family, and
(b) ensure an adoption or guardianship plan includes strategies to support ongoing family contact and connections to culture.
An entity must—
(a) undertake life story work, and
(b) record a child’s achievements and important milestones, and
(c) assist carers to participate in life story work with the child and support family contact if appropriate.
An entity must gather and keep safe a child’s personal belongings, photos, mementos and important family information.
In this section—
(a) assisting the child to gather knowledge about the child’s family, heritage, culture, community and history in care, and
(b) creating a record of the important events in the child’s life.
An entity must develop a behaviour support plan for a child if the child has behaviour support needs requiring a planned, consistent response from the child’s caregivers and the entity’s staff, including if—
(a) the child is prescribed psychotropic medication, or
(b) practices that restrict the child’s ordinary freedoms are used to support positive behaviour change.
The behaviour support plan must include strategies to develop the child’s capacity to manage the child’s own emotions and behaviours, with input from—
(a) the child, and
(b) the child’s caregivers, and
(c) the entity’s staff and relevant professionals.
The entity must review the behaviour support plan—
(a) at the request of the child, the child’s caregivers or the entity’s staff, and
(b) if the child’s medication or behaviour changes, and
(c) as recommended by a relevant professional or, if a relevant professional makes no recommendation, at least annually.
The entity must—
(a) provide appropriate training and supervision to persons implementing the behaviour support plan, and
(b) communicate changes to the behaviour support plan to all persons who work with or care for the child.
An entity must ensure there are clear protocols about the use of police to respond to challenging or risk-taking behaviour by a child.
In this section—
(a) a spouse or former spouse,
(b) a de facto partner or former de facto partner,
(c) a child, grandchild, sibling, parent or grandparent,
(d) a business partner.
An accredited adoption service provider must give the Children’s Guardian and the Secretary written notice of a change to 1 or more of the following—
(a) the provider’s ABN,
(b) the provider’s business address,
(c) the provider’s business name,
(d) the provider’s email address,
(e) the provider’s telephone number,
(f) the provider’s principal officer.
Notice must be given within 1 business day after the change.
An accredited adoption service provider must give the Secretary written notice of a change in—
(a) the terms of the documents governing the provider’s constitution, or
(b) the terms of a trust the provider has established in connection with the provision of adoption services, or
(c) the criteria used to assess the suitability of applicants to adopt a child.
Notice must be given within 10 business days after the change.
An accredited adoption service provider must give each prospective adoptive parent a document setting out the criteria used to assess the prospective parent’s suitability as an adoptive parent.
An accredited adoption service provider that uses assessment criteria that are different from the assessment criteria prescribed for the purposes of the Adoption Act 2000 must—
(a) give the Secretary written notice of the assessment criteria used, and
(b) publish the criteria on the provider’s website.
An accredited adoption service provider must cooperate with an authorised person who enters the provider’s premises to inspect or search the premises under the Act, Schedule 2.
section 58
The objects of this Code of Practice are as follows—
(a) to protect children in employment from exploitation and abuse,
(b) to prevent inappropriate or unreasonable demands being made of children in employment,
(c) to ensure a person employing a child in regulated activities takes responsibility for the child’s interactions with adults,
(d) to ensure children are provided with a safe work environment.
In this Code of Practice—
A record required to be kept under this Schedule must be kept for at least 6 years and with reasonable safeguards to prevent the following—
(a) unauthorised access, use, modification or disclosure,
(b) loss.
A record required to be kept under this Schedule must, if required by the Children’s Guardian by written notice, be given to the Children’s Guardian along with the additional information relating to the record specified in the notice.
Records and information must be given to the Children’s Guardian within the time and in the form specified in the notice.
The following records must be kept for each employed child—
(a) the name, address and personal telephone number of the child,
(b) the name, address and telephone number of 1 or both of the parents of the child,
(c) the name, address and telephone number of the parent’s nominee,
(d) the child’s date of birth,
(e) the nature of the work the child is employed to undertake,
(f) if employment of the child requires consent under a law—the consent,
(g) the date, time and place of work for each occasion the child is employed,
(h) the employer’s authority reference number applying on each occasion the child is employed,
(i) the name, address and telephone number of the child’s supervisor for each occasion the child is employed.
An incident register must be kept in the form approved by the Children’s Guardian.
The following incidents must be recorded on the incident register, for each child employed by the employer—
(a) an accident involving the child,
(b) an injury to the child,
(c) an incident subject to a complaint made by the child, the child’s parent or the parent’s nominee,
Examples— complaints relating to the contract of employment, including not being paid for services, and more serious complaints, including allegations of physical abuse or sexual misconduct occurring during the child’s employment
(d) an incident involving a breach of this Code of Practice, other than this section.
The record of an incident must include the following—
(a) the name of the child,
(b) the time, date and location of the incident,
(c) the action taken in response to the incident.
The record of an incident must be made and given to the Children’s Guardian within 72 hours of the employer becoming aware of the incident.
A child must not be employed unless the prospective employer has, at least 7 days before the child is employed, given the Children’s Guardian written notice, in the form approved by the Children’s Guardian, of the following—
(a) the employer’s intention to employ the child,
(b) the address or location of the proposed place of work,
(c) the period in which the child will be employed,
(d) risks associated with the employment of the child, to the extent the risk can reasonably be identified by the employer, including—
(i) a risk associated with the proposed place of work, and
(ii) a risk associated with the child’s proposed role or employment schedule,
(e) the strategies the employer proposes to adopt to minimise identified risks,
(f) modifications to this Code of Practice sought by the employer.
The Children’s Guardian may accept a notice under subsection (1) less than 7 days before the child is employed in a particular case or class of cases.
A child must be covered by a policy of personal accident insurance with benefits for injuries no less than the benefits payable for the same injuries under—
(a) the Workers Compensation Act 1987, or
(b) the Workplace Injury Management and Workers Compensation Act 1998.
This section does not apply to a child covered under——
(a) the Workers Compensation Act 1987, or
(b) the Workplace Injury Management and Workers Compensation Act 1998.
A child must not be subjected to physical punishment, social isolation, immobilisation or other behaviour likely to humiliate or frighten the child.
A child must at all times be able to make contact with a parent, or a parent’s nominee, and the employer must facilitate the making of contact whenever—
(a) the child requests contact, or
(b) it is otherwise in the interests of the child.
A child of compulsory school-age under the Education Act 1990 must not be employed in the child’s usual hours of school attendance unless—
(a) the employment is for a period in which the child is not required to attend school under an approval given by—
(i) the principal of the school the child attends, or
(ii) the Secretary of the Department of Education, or
(b) the child is enrolled at a school to undertake courses of study by distance education, or
(c) the child is registered for home schooling under the Education Act 1990, Part 7, Division 2 and the employment is permitted by the conditions of registration.
A child must, at regular intervals, be provided with food that is varied, sufficient, nutritious and appropriate having regard to the age, taste and culture of the child.
Water and other nutritious drinks must be readily available to the child at all times during the child’s employment.
A child must have access to clean and easily accessible toilet, hand-washing and hand-drying facilities at the place of work where the child is employed.
A child must be given adequate recreation materials and rest facilities during breaks in work.
The recreation materials and rest facilities must be appropriate for a child of the child’s age and level of maturity.
A child must be given appropriate dressing room facilities to allow the child to dress and undress in private.
A child must be adequately clothed and otherwise protected from extremes of climate while the child is employed.
A parent of a child or a parent’s nominee must be notified immediately if during the child’s employment—
(a) the child is injured or becomes ill, or
(b) the child appears to the relevant employer to have become ill, or
(c) the child reports feeling ill.
If there is an inconsistency between a provision of this Code of Practice and a provision of an industrial instrument or agreement applying to a child, the provision that is more beneficial to the child prevails.
The Industrial Relations Act 1996, section 9B(2) provides that a reference in an Act or instrument to an industrial instrument or agreement, however described, includes a reference to a relevant federal industrial instrument or agreement.
Before a child is cast in a role or situation, the employer must—
(a) fully inform the child and a parent of the child of the nature of the role or situation, and
(b) take into account comments made by the child or the parent.
A child must not be cast in a role or situation that is inappropriate for the child, having regard to the child’s age, maturity, emotional or psychological development and sensitivity.
A child must not—
(a) be exposed to scenes likely to cause distress to the child, or
(b) be allowed to become distressed for the purpose of obtaining a more realistic depiction of a particular emotion or reaction.
A child must not be employed in a situation in which—
(a) the genitals or anus of the child or another person is exposed, or
(b) the buttocks or breasts of the child are exposed, or
(c) the buttocks of another person are exposed, or
(d) the breasts of another person are exposed, except for the purpose of breastfeeding an infant.
When working, a child must be supervised in a way appropriate for the child’s age and level of maturity.
A child less than 6 years of age must be supervised by 1 of the following—
(a) the child’s parent or a parent’s nominee,
(b) an adult who holds an approved child care qualification,
(c) a registered nurse or a midwife.
A child who is at least 6 years of age must be supervised by 1 of the following—
(a) the child’s parent or a parent’s nominee,
(b) an adult with training and experience in the care of children of the child’s age.
A supervisor must not at any time supervise more than—
(a) 2 children, if 1 or more of the children are less than 3 years of age, or
(b) 5 children, if no child is less than 3 years of age and 1 or more of the children are at least 3 years of age and less than 6 years of age, or
(c) 10 children, if all of the children are at least 6 years of age.
A child being supervised must be in the view of the person providing the supervision at all times.
A supervisor must not have other responsibilities.
In this section—
(a) an approved certificate III level education and care qualification,
(b) an approved diploma level education and care qualification,
(c) an approved early childhood teaching qualification.
A child less than 3 years of age must not be employed unless—
(a) a registered nurse or a midwife who is neither the child’s employer nor a parent of the child is present to supervise the child’s employment at all times, and
(b) the nurse or midwife advises the child’s employer—
(i) the child is suitable to be employed, and
(ii) the environment in which the child will work, including the lighting and temperature, will not cause distress or harm to the child, and
(c) the employer follows the advice of the nurse or midwife in all matters relating to the care of the child, including the use of make-up.
A baby must not be employed unless the employer’s authority expressly authorises the employment of a baby.
The registered nurse or midwife advising the employer under section 21 must not advise the employer a baby is suitable for employment unless the nurse or midwife is satisfied of the following—
(a) the baby was delivered full term and in good health,
(b) the baby’s birth weight was at least 3kg,
(c) the baby has not had postnatal problems,
(d) the baby is feeding successfully,
(e) the baby’s weight gain from birth has been satisfactory.
A baby must not be exposed to direct lighting during the baby’s employment.
Make-up must not be applied to a baby during the baby’s employment unless the make-up is non-irritating and uncontaminated.
A baby must not be handled by more than 4 people, including the baby’s parents and the nurse or midwife required by section 21, during a single period of employment.
A person who has a respiratory or skin infection must not be allowed to come into contact with a baby during the baby’s employment.
In this section—
A child must be accompanied by a parent of the child or a parent’s nominee when travelling between—
(a) the child’s home and the child’s place of work, or
(b) between places of work.
Subsection (1) does not apply to a child who is at least 13 years of age if—
(a) the distance travelled is less than 10km, and
(b) the travel is by public transport, and
(c) the travel will be completed in daylight hours.
A child’s journey home must commence within 30 minutes after the child finishes work unless the child is accompanied by a parent of the child or a parent’s nominee.
If the child’s work requires the child to spend 1 or more nights away from the child’s home, the child and the child’s parent, or a parent’s nominee, must be provided with appropriate accommodation.
In this Part—
The calculation of a child’s hours of work in a 24-hour period must include the following—
(a) time, in excess of 90 minutes, spent travelling from the child’s home to the child’s place of work,
(b) if the child’s employer is responsible for taking the child to the child’s place of work—the time between the child’s arrival at the place of work and the child’s commencement of work,
(c) the entire time the child is required to be at the place of work, excluding a rest break required by—
(i) section 26(3), or
(ii) a prevailing industrial instrument or agreement if the instrument or agreement provides the rest break is not to be counted towards the hours of work,
(d) time, in excess of 90 minutes, spent travelling from the child’s place of work to the child’s home,
(e) if the child’s employer is responsible for taking the child to the child’s home from the child’s place of work—the time between the child finishing work and the start of the journey to the child’s home.
In this section—
A child must not work for more than—
(a) 1 shift a day, and
(b) 5 consecutive days.
A child must not work for more than 4 hours on a day the child also receives schooling.
A child must be given the following rest breaks—
(a) adequate rest breaks determined by taking into account—
(i) the age and needs of the child, and
(ii) the type of work the child is engaged in,
(b) a 1-hour rest break in each 4-hour period.
A child must not start work less than 12 hours after previously finishing work, whether with the same or a different employer.
A child must not work after 9pm if the child is to receive schooling the next day.
A child must not work and receive schooling for more than 50 hours in a week.
This section applies to the employment of a child in the following—
(a) film, television, radio or shopping centre performances,
(b) still photography, including the production of images for broadcasting, modelling purposes and other exhibitions.
A child must not work other than as follows—
Age of child | Maximum days per week | Hours during which child may be employed | Maximum hours per day |
Under 6 months | 1 day | 6am–6pm | 4 hours |
6 months–under 3 years | 2 days | 6am–6pm | 4 hours |
3 years–under 8 years | 4 days | 6am–11pm | 6 hours |
8 years–under 16 years | 5 days | 6am–11pm | 8 hours |
This section applies to the employment of a child in a live performance other than a performance referred to in section 27.
A child must not work other than as follows—
Age of child | Maximum days per week | Hours during which child may be employed | Maximum hours per day |
Under 6 months | 1 day | 6am–6pm | 4 hours |
6 months–under 3 years | 2 days | 6am–6pm | 4 hours |
3 years–under 6 years | 4 days | 6am–9pm | 4 hours |
6 years–under 8 years | 4 days | 6am–10pm | 6 hours |
8 years–under 16 years | 4 days | 6am–11pm | 8 hours |
For the purposes of the Act, section 172—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
Column 1 | Column 2 |
Provision | Penalty |
Section 8DA(5) | $550 |
Section 8V(2) | $275 |
Section 29(4) | $550 |
Section 36(1) | $550 |
Section 36(2) | $550 |
Section 92(1)–(3) | $5,500 |
Section 97(2) for breach of the condition in this Regulation, section 58 relating to— | |
| $110 |
| $1,100 |
| $550 |
| $220 |
| $330 |
Section 97(2) for breach of the condition in this regulation, section 58(4) | $110 |
Section 97(2) for breach of the condition in this Regulation, section 59 | $110 |
Section 152F(1)— | |
| $5,500 |
| $1,100 |
Section 152J(1)— | |
| $11,000 |
| $2,200 |
Section 161(1) | $550 |
Section 169(1) | $550 |
Section 180(2) | $550 |
Schedule 2, clause 15(1) | $550 |
Schedule 2, clause 16(1) | $550 |
Schedule 2, clause 18 | $550 |
Schedule 2, clause 29(2) | $550 |
Schedule 2, clause 29(3) | $3,300 |
Section 59A for failure to comply with the condition in section 58(2) relating to— | |
| $110 |
| $1,100 |
| $550 |
| $220 |
| $330 |
Section 59A for failure to comply with the condition in section 58(3)(a) or (b) | $110 |
Section 59A for failure to comply with the condition in section 58(3)(c) | $330 |
Section 59A for failure to comply with the condition in section 58(4) | $110 |
Section 59A for failure to comply with the condition in section 59 | $110 |
section 3
(a) is employed by, or in, the Department to develop or implement case management plans for children, and
(b) provides statutory out-of-home care or supported out-of-home care only—
(i) outside the person’s primary duties, and
(ii) at a place where accommodation is provided on a temporary basis.
(a) to be adopted under the laws of Australia, or
(b) for an adoption under the laws of a foreign country being recognised under the laws of Australia.
(a) a relevant authorised carer, or
(b) a person who has applied to be a relevant authorised carer.
(a) a home, managed by a designated agency, or
(b) a place where accommodation is provided on a temporary basis.
(a) a member of the governing body of the entity, and
(b) a person engaged, whether or not the person is paid, to provide or assist in providing, or otherwise in connection with the provision of, services by the entity.
Children’s Guardian Regulation 2022 (122). LW 1.4.2022. Date of commencement, Part 2 and Sch 1 excepted, on publication on LW, sec 2(1); date of commencement of Part 2 and Sch 1, 18.7.2022, sec 2(2). This Regulation has been amended as follows—
(379) | Children’s Guardian Amendment Regulation 2022. LW 15.7.2022. Date of commencement of Sch 1[1], 1.9.2022, sec 2(a); date of commencement, except Sch 1[1], 18.7.2022, sec 2(b). | |
(480) | Children’s Guardian (Amendment) Regulation (No 2) 2022. LW 26.8.2022. Date of commencement, 1.9.2022, sec 2. | |
(731) | Children’s Guardian Amendment (Child Employment) Regulation 2022. LW 2.12.2022. Date of commencement, on publication on LW, sec 2. | |
(486) | Children’s Guardian Amendment (Code of Practice) Regulation 2024. LW 20.9.2024. Date of commencement of Sch 1[1] [6] and [10]–[12], on publication on LW, sec 2(c); date of commencement of Sch 1[2] and [3], 1.7.2025, sec 2(a); date of commencement of Sch 1[4] [5] [7]–[9] and [13]–[15], 1.10.2025, sec 2(b). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2024 No 82. Assented to 21.11.2024. Date of commencement of Sch 2.1, assent, sec 2(b). | |
No 46 | Children’s Guardian Amendment Act 2025. Assented to 15.8.2025. Date of commencement of Sch 2, 1.10.2025, sec 2(a). |
Sec 3 | Am 2022 (480), Sch 1[1]. |
Sec 4 | Am 2022 (379), Sch 1[1]; 2024 (486), Sch 1[1]. |
Sec 6 | Am 2022 (731), Sch 1[1]. |
Sec 9 | Am 2022 (379), Sch 1[2]; 2022 (480), Sch 1[2]. |
Sec 10 | Am 2022 (379), Sch 1[3]; 2022 (480), Sch 1[2]–[5]. |
Sec 11 | Subst 2022 (480), Sch 1[6]. Am 2024 (486), Sch 1[2]. |
Sec 12 | Subst 2022 (480), Sch 1[6]. |
Sec 13 | Subst 2022 (480), Sch 1[6]. |
Sec 14 | Am 2022 (480), Sch 1[2]; 2024 (486), Sch 1[3] (am 2024 No 82, Sch 2.1). |
Sec 14A | Ins 2022 (379), Sch 1[4]. |
Part 3 | Subst 2022 (480), Sch 1[7]. |
Part 3, Div 1 | Ins 2022 (480), Sch 1[7]. |
Sec 15 | Subst 2022 (480), Sch 1[7]. |
Sec 16 | Ins 2022 (480), Sch 1[7]. |
Part 3, Div 2 | Ins 2022 (480), Sch 1[7]. |
Sec 17 | Ins 2022 (480), Sch 1[7]. |
Sec 18 | Ins 2022 (480), Sch 1[7]. |
Part 4 | Ins 2022 (480), Sch 1[7]. |
Part 4, Div 1 | Ins 2022 (480), Sch 1[7]. |
Sec 19 | Ins 2022 (480), Sch 1[7]. |
Sec 20 | Ins 2022 (480), Sch 1[7]. |
Sec 21 | Ins 2022 (480), Sch 1[7]. |
Sec 22 | Ins 2022 (480), Sch 1[7]. |
Part 4, Div 2 | Ins 2022 (480), Sch 1[7]. |
Sec 23 | Ins 2022 (480), Sch 1[7]. |
Sec 24 | Ins 2022 (480), Sch 1[7]. |
Sec 25 | Ins 2022 (480), Sch 1[7]. |
Sec 26 | Ins 2022 (480), Sch 1[7]. |
Sec 27 | Ins 2022 (480), Sch 1[7]. |
Sec 28 | Ins 2022 (480), Sch 1[7]. |
Part 4, Div 3 | Ins 2022 (480), Sch 1[7]. |
Sec 29 | Ins 2022 (480), Sch 1[7]. |
Sec 30 | Ins 2022 (480), Sch 1[7]. |
Sec 30A | Ins 2024 (486), Sch 1[4]. |
Part 5 | Ins 2022 (480), Sch 1[7]. |
Part 5, Div 1 | Ins 2022 (480), Sch 1[7]. |
Sec 31 | Ins 2022 (480), Sch 1[7]. |
Sec 32 | Ins 2022 (480), Sch 1[7]. |
Sec 33 | Ins 2022 (480), Sch 1[7]. |
Part 5, Div 2 | Ins 2022 (480), Sch 1[7]. |
Sec 34 | Ins 2022 (480), Sch 1[7]. |
Sec 35 | Ins 2022 (480), Sch 1[7]. |
Sec 36 | Ins 2022 (480), Sch 1[7]. |
Sec 37 | Ins 2022 (480), Sch 1[7]. |
Sec 38 | Ins 2022 (480), Sch 1[7]. |
Part 5, Div 3 | Ins 2022 (480), Sch 1[7]. |
Sec 39 | Ins 2022 (480), Sch 1[7]. |
Sec 40 | Ins 2022 (480), Sch 1[7]. |
Part 6 | Ins 2022 (480), Sch 1[7]. |
Part 6, Div 1 | Ins 2022 (480), Sch 1[7]. |
Sec 41 | Ins 2022 (480), Sch 1[7]. |
Sec 42 | Ins 2022 (480), Sch 1[7]. |
Sec 43 | Ins 2022 (480), Sch 1[7]. |
Part 6, Div 2 | Ins 2022 (480), Sch 1[7]. |
Sec 44 | Ins 2022 (480), Sch 1[7]. |
Sec 45 | Ins 2022 (480), Sch 1[7]. |
Sec 46 | Ins 2022 (480), Sch 1[7]. |
Sec 47 | Ins 2022 (480), Sch 1[7]. |
Sec 48 | Ins 2022 (480), Sch 1[7]. |
Sec 49 | Ins 2022 (480), Sch 1[7]. |
Part 6, Div 3 | Ins 2022 (480), Sch 1[7]. |
Sec 50 | Ins 2022 (480), Sch 1[7]. |
Sec 51 | Ins 2022 (480), Sch 1[7]. |
Sec 51A | Ins 2024 (486), Sch 1[5]. |
Part 7 | Ins 2022 (480), Sch 1[7]. |
Part 7, Div 1 | Ins 2022 (480), Sch 1[7]. |
Sec 52 | Ins 2022 (480), Sch 1[7]. Am 2022 (731), Sch 1[2]. |
Sec 53 | Ins 2022 (480), Sch 1[7]. |
Part 7, Div 2 | Ins 2022 (480), Sch 1[7]. |
Sec 54 | Ins 2022 (480), Sch 1[7]. Am 2025 No 46, Sch 2[1] [2]. |
Sec 55 | Ins 2022 (480), Sch 1[7]. |
Sec 56 | Ins 2022 (480), Sch 1[7]. Subst 2022 (731), Sch 1[3]. |
Sec 57 | Ins 2022 (480), Sch 1[7]. |
Part 7, Div 3 | Ins 2022 (480), Sch 1[7]. |
Sec 58 | Ins 2022 (480), Sch 1[7]. Am 2022 (731), Sch 1[4]–[6]. |
Sec 59 | Ins 2022 (480), Sch 1[7]. Am 2022 (731), Sch 1[7] [8]. |
Sec 59A | Ins 2022 (731), Sch 1[9]. |
Part 8 | Ins 2022 (480), Sch 1[7]. |
Sec 60 | Ins 2022 (480), Sch 1[7]. |
Sec 61 | Ins 2022 (480), Sch 1[7]. |
Sec 62 | Ins 2022 (480), Sch 1[7]. |
Sec 63 | Ins 2022 (480), Sch 1[7]. |
Sec 64 | Ins 2022 (480), Sch 1[7]. |
Sec 65 | Ins 2024 (486), Sch 1[6]. |
Sch 1 | Am 2022 (480), Sch 1[8]–[16]. |
Sch 2 (as originally made) | Am 2022 (379), Sch 1[5]; 2022 (480), Sch 1[17] [18]. Renumbered as Sch 8, 2022 (480), Sch 1[19]. |
Sch 2 | Ins 2022 (480), Sch 1[20]. |
Sch 3 | Ins 2022 (480), Sch 1[20]. |
Sch 3A | Ins 2024 (486), Sch 1[7]. |
Sch 4 | Ins 2022 (480), Sch 1[20]. Am 2024 (486), Sch 1[8]. |
Sch 5 | Ins 2022 (480), Sch 1[20]. Am 2024 (486), Sch 1[9]. |
Sch 6 | Ins 2022 (480), Sch 1[20]. Am 2022 (731), Sch 1[10]; 2025 No 46, Sch 2[3]. |
Sch 7 | Ins 2022 (480), Sch 1[20]. Am 2022 (731), Sch 1[11]; 2024 (486), Sch 1[10]–[12]. |
Sch 8 (previously Sch 2) | Renumbered 2022 (480), Sch 1[19]. Am 2024 (486), Sch 1[13]–[15]. |
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