New South Wales Consolidated Acts New South Wales Consolidated ActsOmit “for child-related
employment” from section 11 (i).
Insert instead “under and”.
Omit the paragraph.
Omit “(other than its functions under section 11 (k))” wherever occurring.
Omit “for child-related employment” from section 31 (b).
Insert after paragraph (a) of the definition of "child-related employment" in section 33 (1):
(a1) means (without limiting paragraph (a)) any employment of the following kind:(i) employment comprising the provision of a prescribed children’s service,(ii) employment as a person involved in the control or management of a prescribed children’s service,(iii) employment as an authorised supervisor (within the meaning of section 199 of the Children and Young Persons (Care and Protection) Act 1998 in relation to a prescribed children’s service,(iv) employment as an assessment officer within the meaning of section 27A of the Children and Young Persons (Care and Protection) Act 1998 ,(v) employment as the principal officer of a designated agency within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ,(vi) employment as the principal officer of an accredited adoption service provider within the meaning of the Adoption Act 2000 ,(vii) employment as a self-employed person or as a subcontractor (by or on behalf of or in a relevant agency) if that employment involves direct contact with children and the contact is not directly supervised by a person having capacity to direct the self-employed person or subcontractor in the course of his or her work, and
Insert at the end of paragraph (b):
, or
(c) in the case of employment comprising the provision of a prescribed children’s service or the performance of work as a person involved in the control or management of a prescribed children’s service-the Director-General of the Department of Human Services.
Insert at the end of paragraph (f):
, or
(g) providing a prescribed children’s service, or
(h) performance of work as a person involved in the control or management of a prescribed children’s service.
Insert in alphabetical order:
"prescribed children’s service" has the same meaning as in section 199 of the Children and Young Persons (Care and Protection) Act 1998 .
"relevant agency" means any of the following:(a) the Department of Human Services,(b) the Department of Education and Training,(c) the TAFE Commission Division (including the TAFE Commission),(d) any other agency or organisation prescribed by the regulations for the purposes of this definition.Note: This definition is relevant for the purposes of paragraph (a1) (vii) of the definition of "child-related employment".
Insert after paragraph (c) of the definition of "primary child-related employment" in section 37 (6):
(c1) child-related employment of a student that involves working in the Department of Human Services, or
(c2) child-related employment of a volunteer that involves the mentoring of disadvantaged children, or
(c3) child-related employment of a volunteer that involves the provision of personal care services to children with disabilities, but only if the work involves an intimate level of contact with those children (such as assistance with bathing, dressing or toileting), or
Insert after section 44:
45 Application of background checking provisions to adult persons residing with authorised carers or children’s service providers(1) In this section:
"applied provisions" means the background checking provisions that are, because of subsection (2), taken to apply to and in respect of a relevant person who resides at the home of an authorised carer or children’s service provider.
"authorised carer" and "designated agency" have the same meanings as in the Children and Young Persons (Care and Protection) Act 1998 .
"background checking provisions" means the provisions of this Division (including the provisions of section 33 in their application to this Division) that relate to background checking for child-related employment.
"children’s service provider" means:(a) in the case of a family day care children’s service licensed under the Children and Young Persons (Care and Protection) Act 1998 -the person who is the family day care carer under that Act for the service, or(b) in the case of a home based children’s service licensed under that Act-the person who is the licensee under that Act for the service."relevant person" means a person (other than an authorised carer or children’s service provider) who is of or above the age of 18 years.(2) The background checking provisions apply to and in respect of a relevant person who resides at the home of an authorised carer or children’s service provider in the same way as those provisions apply to and in respect of background checking for child-related employment, with:(a) subject to paragraph (b), such adaptations as may be necessary, and(b) such exclusions and modifications as may be prescribed by the regulations.(3) For the purposes of this section, a relevant person is taken to "reside" at the home of an authorised carer or children’s service provider if:(a) that home is the place at which the authorised carer or licensed service provides the foster care or the children’s service concerned, and(b) the person has been living at that home on a regular basis for a period of not less than 3 months.(4) Without limiting subsection (2), the following provisions have effect in relation to the operation of the applied provisions:(a) a reference to an employer is taken to be a reference to:(i) in the case of a relevant person who resides at the home of an authorised carer-the designated agency that authorises the carer, or(ii) in the case of a relevant person who resides at the home of a children’s service provider-the licensee of the children’s service concerned,(b) a reference to a person who is employed or who is an applicant for employment is taken to be a reference to the relevant person who resides at the home of the authorised carer or children’s service provider (as the case requires),(c) it is the duty under section 37 of the designated agency or the licensee of the children’s service (as the relevant employer) to carry out all the relevant procedures of background checking of the relevant person to determine whether it is appropriate for that person to reside at the home of the authorised carer or children’s service provider concerned.
Omit the section. Insert instead:
45B Establishment of the Team The Child Death Review Team is established by this Act.
Omit section 45C (1). Insert instead:
(1) The Team is to consist of the following members:(a) the Ombudsman, who is to be the Convenor of the Team,(b) the Commissioner,(c) such other persons as may be appointed by the Minister.
(1A) The Team is to be supported and assisted in the exercise of its functions by members of staff of the Ombudsman’s Office.
Insert “and the Commissioner” after “the Convenor” wherever occurring.
Insert “or the Commissioner” after “the Convenor” wherever occurring.
Insert “, the Commissioner” after “the Convenor”.
Omit section 45N (3).
Omit “or as part of a report of the Commission under Part 5” from section 45S (3).
Omit section 45U (1) (c) (iv).
Insert at the end of clause 1 (1):
Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 , to the extent that it amends this Act
Insert after section 8:
8A Provision of information to Children’s Guardian(1) An Official Community Visitor is required to provide to the Children’s Guardian, and the Children’s Guardian is authorised to collect and use, any information obtained by the Official Community Visitor under section 8 that is of a class specified by the Children’s Guardian (and notified to the Visitor) as being information that is relevant to the exercise of the functions of the Children’s Guardian in connection with the accreditation of an organisation or government department as a designated agency under the Children and Young Persons (Care and Protection) Act 1998 .(2) A provision of any other Act or law that prohibits or restricts the disclosure of information does not operate to prevent the provision of information (or affect a duty to provide information) under this section.
Insert after section 137 (2):
(3) In the case of an authorised carer who is authorised by a designated agency, it is a condition of the authorisation that the carer must notify the designated agency if any person (other than the carer) who is of or above the age of 18 years is residing at the carer’s home on a regular basis and has been doing so for a period of at least 3 months.Note: See section 45 of the Commission for Children and Young People Act 1998 which provides for background checking under Division 3 of Part 7 of that Act of adult household members of authorised carers.
(4) Without limiting subsection (3), any such requirement to notify the designated agency applies even though the adult person who is residing at the carer’s home was at any time residing at that home as a minor.
Insert at the end of the section:
(2) It is a condition of a licence for a family day care children’s service or a home based children’s service that the licensee must notify the Director-General if any person (other than the licensee) who is of or above the age of 18 years is residing at the licensee’s home on a regular basis and has been doing so for a period of at least 3 months.Note: See section 45 of the Commission for Children and Young People Act 1998 which provides for background checks (under Division 3 of Part 7 of that Act) to be carried out in relation to adult household members of children’s service providers.
(3) Without limiting subsection (2), any such requirement to notify the Director-General applies even though the adult person who is residing at the licensee’s home was at any time residing at that home as a minor.
Omit the clauses.