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CHILDREN'S GUARDIAN ACT 2019 - As at 30 October 2023 - Act 25 of 2019

- As at 30 October 2023 - Act 25 of 2019

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - APPLICATION AND INTERPRETATION

Division 1 - Application of Act

  • 3 Children to whom this Act applies

Division 2 - Interpretation

PART 3 - OBJECTS AND PRINCIPLES

  • 6 Main object of Act
  • 7 Paramount consideration
  • 8 Guiding principles

PART 3A - CHILD SAFE SCHEME

Division 1 - Preliminary

  • 8A Objects of Part
  • 8AA Consistency with Royal Commission Report recommending the Child Safe Standards
  • 8AB Ministerial guidelines
  • 8AC Oversight by Committee on Children and Young People
  • 8B Definitions

Division 2 - Child Safe Standards

  • 8C Meaning of "Child Safe Standards"
  • 8D Systems, policies and processes
  • 8DA Codes of practice
  • 8E Children's Guardian may require information about systems, policies and processes

Division 3 - Child safe action plans

  • 8F Meaning of "child safe action plan"
  • 8G Meaning of "prescribed agency"
  • 8H Meaning of "related body"
  • 8I Prescribed agencies to develop and implement plans
  • 8J Consultation
  • 8K Plans to be submitted
  • 8L Plans to be publicly available
  • 8M Progress reports
  • 8N Annual reporting
  • 8O Child safe action plans to be remade

Division 4 - Capability building

  • 8P Purpose
  • 8Q Guidelines for child safe organisations
  • 8R Capability building for prescribed agencies
  • 8S Training
  • 8T Resources

Division 5 - Monitoring

  • 8U Purpose of monitoring
  • 8V Children's Guardian may monitor implementation of Child Safe Standards
  • 8W Monitoring assessment reports

Division 6 - Investigation

  • 8X When investigation may be conducted
  • 8Y Conduct of investigation
  • 8Z Investigation report

Division 7 - Children in specialised substitute residential care

  • 8ZA Limit on time to be spent in specialised substitute residential care
  • 8ZB Notification of deaths of children in specialised substitute residential care
  • 8ZC Principal officer
  • 8ZD Regulations

PART 4 - REPORTABLE CONDUCT

Division 1 - Preliminary

Division 2 - Key concepts for Part

  • 11 Meaning of "reportable conduct scheme"
  • 12 Meaning of "relevant entity"
  • 13 Meaning of "Schedule 1 entity"
  • 14 Meaning of "public authority"
  • 15 Meaning of "local government authority"
  • 15A Meaning of "religious body"
  • 16 Meaning of "employee"
  • 17 Meaning of "head" of relevant entity
  • 18 Meaning of "reportable allegation"
  • 19 Meaning of "reportable conviction"
  • 20 Meaning of "reportable conduct"
  • 21 Meaning of "sexual offence"
  • 22 Meaning of "sexual misconduct"
  • 23 Meaning of "ill-treatment"
  • 24 Meaning of "neglect"
  • 25 Meaning of "assault"
  • 26 Meaning of "finding of reportable conduct"

Division 3 - Reports, complaints and notifications

  • 27 Who must give report of reportable allegation or conviction
  • 28 Complaints to Children's Guardian
  • 29 Children's Guardian to be given notification of reports

Division 4 - Exempt conduct, managing investigations and determinations

  • 30 Children's Guardian may exempt conduct from notification
  • 31 Exemptions about investigations and investigation reports
  • 32 Notice to require relevant entity to defer investigation
  • 33 Concurrent investigations or proceedings

Division 5 - Investigation or determination and report by relevant entity

  • 34 Investigation or determination by head of relevant entity
  • 35 Mandatory considerations
  • 36 Report by relevant entity about investigation or determination
  • 37 Contents of entity report
  • 38 Interim report

Division 6 - Mandatory matters for consideration for reportable allegations

  • 39 Application of Division
  • 40 Assessing conduct
  • 41 Conduct that is not reportable conduct

Division 7 - Children's Guardian's powers in relation to reportable allegations and reportable convictions

  • 42 Children's Guardian may require further information
  • 43 Children's Guardian may monitor relevant entity's investigation or determination

Division 8 - Investigation and report--Children's Guardian

  • 44 Preliminary inquiries
  • 45 Further information after receiving entity report
  • 46 Children's Guardian may investigate or determine
  • 47 Notice for Children's Guardian investigation or determination
  • 48 Investigation by Children's Guardian

Division 9 - Outcome of investigation or determination by Children's Guardian

  • 49 Children's Guardian reports
  • 50 Recommendations by Children's Guardian
  • 51 Notice to particular persons of reportable conduct or reportable conviction
  • 52 Recommendations and provision of report
  • 53 Action taken by head of relevant entity on receipt of advice

Division 10 - Other measures about reportable conduct

  • 54 Relevant entities to have systems about reportable conduct
  • 55 Children's Guardian may require information about systems
  • 56 Reporting within the Office of the Children's Guardian

Division 11 - Information sharing

  • 57 Disclosure of information
  • 58 Disclosures by Children's Guardian or officer of Children's Guardian
  • 59 Other States, the Commonwealth and Territories
  • 60 Lawful disclosure

Division 12 - Other proceedings

  • 61 Children's Guardian, officer or expert as witness
  • 62 Limits on secrecy and privilege

Division 13 - Offences for Part

  • 63 Retribution by employer
  • 64 Protection against retribution

Division 14 - Miscellaneous

  • 65 Head of relevant entity may delegate functions
  • 66 Children's Guardian approval of head of relevant entity in certain circumstances
  • 67 Expert assistance
  • 68 Immunity from liability
  • 69 Evidential immunity for individuals complying with Part
  • 70 Cabinet information and proceedings

PART 5 - OUT-OF-HOME CARE

Division 1 - Preliminary

  • 71 Objects of Part
  • 72 Meaning of "designated agency"
    • 73. (Repealed)
  • 74 Meaning of "principal officer"
  • 75 Actions of principal officer

Division 2 - (Repealed)

None

Division 3 - Oversight of designated agencies

  • 81 Principal officer of designated agency must not reside with children under agency's care
  • 82 Supervisory responsibility of designated agency
  • 83 Notification of deaths of children in statutory out-of-home care or supported out-of-home care

Division 4 - Monitoring and accreditation

  • 84 Powers of authorised persons

Division 5 - Registers

  • 85 Registers to be kept
  • 86 General access to registers
  • 87 Permission to access registers
  • 88 Requirement to amend residential care workers register in particular circumstances

PART 6 - CHILD EMPLOYMENT

Division 1 - Preliminary

Division 2 - Requirement to hold employer's authority or employer's exemption

  • 92 Requirement to hold employer's authority for certain employment
  • 93 Exemptions from requirement to hold employer's authority

Division 3 - Employers' authorities and employers' exemptions

Subdivision 1 - Applications for authorities or exemptions
  • 94 How to apply
    • Subdivision 2 - Employers' authorities
  • 95 Decision about application for authority
  • 96 Term of employer's authority
    • Subdivision 3 - Conditions
  • 97 Conditions of authority
  • 98 Change in conditions
    • Subdivision 4 - Suspension and revocation of employer's authority
  • 99 Voluntary suspension or revocation of authority
  • 100 Suspension and revocation of authority
  • 101 Effect of suspension

Division 4 - Exemption

  • 102 Exemption by Children's Guardian

Division 5 - Powers for matters relating to child employment

  • 103 Powers of authorised persons
  • 104 Enforcement of undertakings
  • 105 Power to compel production of information

Division 6 - Miscellaneous

  • 106 Endangering children in employment
  • 107 Removal of child from place of unlawful employment

PART 7 - ADOPTION SERVICE PROVIDERS

  • 108 Objects of Part
  • 109 References to "child"
  • 110 Meaning of "principal officer" of adoption service provider
  • 110A Meaning of "accredited adoption service provider"
  • 111 Operation of Part
  • 112 Review of adoption service providers
    • 113. (Repealed)
  • 114 Restriction on inspection of records

PART 8 - CHILDREN'S GUARDIAN

Division 1 - Appointment

  • 115 Appointment of Children's Guardian
  • 116 Term of office
  • 117 Full-time office
  • 118 Eligibility for appointment
  • 119 Employment and remuneration
  • 120 Children's Guardian not Public Service employee

Division 2 - Vacancy and removal from office

  • 121 Vacancy in office of Children's Guardian
  • 122 Removal from office

Division 3 - Acting Children's Guardian

  • 123 Acting Children's Guardian

Division 4 - Office of the Children's Guardian

  • 124 Deputy Children's Guardian and Assistant Children's Guardian
  • 125 Employment of Deputy Children's Guardian or Assistant Children's Guardian
  • 126 Vacancy of office of Deputy Children's Guardian or Assistant Children's Guardian
  • 127 Staff of Office

Division 5 - Functions

  • 128 Functions of Children's Guardian
  • 129 Restriction on functions
  • 130 Appointment of advisory committees
  • 131 Removal of responsibility for daily care and control from an authorised carer
  • 132 Application for review of order of the Children's Court
  • 133 Delegation of functions
  • 134 Referral of matters to police and other investigative agencies
  • 135 Protection from liability

Division 6 - Reports

  • 136 Report required before commencement of Part 4
  • 137 References to "Presiding Officers"
  • 138 Annual reports to Parliament
  • 139 Special reports to Parliament and to Minister
  • 140 Giving draft reports to Minister
  • 141 Provisions relating to reports to Parliament

PART 9 - OFFICIAL COMMUNITY VISITORS

Division 1 - Preliminary

Division 2 - Appointment and functions

  • 144 Appointment of Official Community Visitors
  • 145 Functions of Official Community Visitors
  • 146 Co-ordination of Official Community Visitors

Division 3 - Reports to the Children's Guardian

  • 147 Report may be made to Children's Guardian
  • 148 Powers of authorised persons
  • 149 Powers of Children's Guardian to conduct inquiry
  • 150 Referral to other agencies
  • 151 Provision of information to Children's Guardian

Division 4 - Offences for Part

  • 152 Protection of complainant against retribution

PART 9A - ENFORCEMENT MEASURES

Division 1 - Compliance notices

  • 152A Issue of compliance notices
  • 152B Content of compliance notices
  • 152C Internal review
  • 152D Extension of time for compliance with compliance notices
  • 152E Compliance notices to be publicly available
  • 152F Offence

Division 2 - Enforceable undertakings

  • 152G Enforceable undertaking
  • 152H Amendment of enforceable undertaking
  • 152I Enforceable undertakings to be publicly available
  • 152J Offence

Division 3 - Miscellaneous

  • 152K Ministerial notice

PART 10 - ADMINISTRATIVE REVIEW

  • 153 Definition
  • 154 Applications to Civil and Administrative Tribunal for administrative review
  • 155 Persons who may make application
  • 156 Representative applications
  • 157 Alternatives to Tribunal determining matter
  • 158 Additional powers of Tribunal

PART 11 - OFFENCES

Division 1 - Offences about use and disclosure of information

  • 159 Disclosure of information
  • 160 Disclosure of information for research purposes
  • 161 False and misleading information
  • 162 Unlawful use of stored information

Division 2 - Directors and corporate liability

  • 163 Definitions
  • 164 Executive liability offences
  • 165 Executive liability offences committed by person
  • 166 Prosecution of executive liability offence
  • 167 Liability of directors etc for offences by corporation--accessory to commission of offences
  • 168 Evidence as to state of mind of corporation

Division 3 - Other offence

  • 169 Obstructing authorised person or other person

Division 4 - Administration of offences

  • 170 Time for instituting proceedings
  • 171 Proceedings for offences
  • 172 Penalty notices

PART 12 - MISCELLANEOUS

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