{"id":"nsw:sl-2022-0479","name":"Children and Young Persons (Care and Protection) Regulation 2022","slug":"children-and-young-persons-care-and-protection-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"479 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176082,"registerId":"nsw-nsw:sl-2022-0479-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Children and Young Persons (Care and Protection) Regulation 2022](/view/html/inforce/current/sl-2022-0479).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the [Children and Young Persons (Care and Protection) Regulation 2012](/view/html/repealed/current/sl-2012-0425), which is repealed on 1 September 2022 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this Regulation—\n> > \n> > accredited adoption service provider has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > adult means an individual who is at least 18 years of age.\n> > \n> > assessable person, see Schedule 2, section 1.\n> > \n> > assessment body means—\n> > \n> > > (a) for a person who has applied to be an authorised carer—the designated agency to which the application was made, and\n> > \n> > > (b) for a prospective guardian who is an authorised carer—the designated agency that—\n> > > \n> > > > (i) authorised the prospective guardian as an authorised carer, or\n> > > \n> > > > (ii) has supervisory responsibility for a child or young person in the care of the authorised carer, and\n> > \n> > > (c) for a prospective guardian who is not an authorised carer—the Secretary.\n> > \n> > community services check see Schedule 2, section 1.\n> > \n> > co-resident means a person, other than a child in out-of-home care, who resides for 3 weeks or more on the same property as—\n> > \n> > > (a) the authorised carer, or\n> > \n> > > (b) the person who has applied to be an authorised carer, or\n> > \n> > > (c) the prospective guardian.\n> > \n> > interim bar means an interim bar imposed under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 17.\n> > \n> > NCAT means the Civil and Administrative Tribunal of New South Wales established by the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> > \n> > private health facility means a private health facility licensed under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009).\n> > \n> > provisional authorisation—see section 19.\n> > \n> > residential care has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > residential care worker means a person who provides residential care but does not include a volunteer.\n> > \n> > the Act means the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> > \n> > uniform suitability assessment means an assessment conducted in accordance with Schedule 2.\n> > \n> > WWCCC means a working with children check clearance under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).\n> > \n> > WWCCC application means an application for a WWCCC that has not been finally determined, withdrawn or terminated.\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) In this Regulation, a reference to a Public Service agency or other organisation includes a reference to part of an agency or organisation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General","content":"# Part 2 General\n\nPart 2 General","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Rescission and variation of care orders—the Act, s 264(1A)(d)","content":"#### 4 Rescission and variation of care orders—the Act, s 264(1A)(d)\n\n4 Rescission and variation of care orders—the Act, s 264(1A)(d)\n\n> The matters that may be taken into account by the Children’s Court in determining, under the Act, section 90(2), whether there has been significant change in a relevant circumstance of a child or young person since a care order was made or last varied include the following—\n> \n> > (a) the parents of the child or young person have not met their responsibilities under a care plan or permanency plan involving restoration,\n> \n> > (b) the Children’s Court, having conducted a progress review under the Act, section 82(3), is not satisfied proper arrangements have been made for the care and protection of the child or young person,\n> \n> > (c) an application has been made for a guardianship order for the child or young person,\n> \n> > (d) for a guardianship order—the guardian is unable or unwilling to meet the guardian’s responsibilities to the child or young person.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed bodies","content":"#### 5 Prescribed bodies\n\n5 Prescribed bodies\n\n> > (1) For the Act, section 248(6), definition of prescribed body, paragraph (g), the bodies listed in Schedule 5, section 1 are prescribed.\n> > \n> > Note—\n> > \n> > A body prescribed for the Act, section 248(6) is, by virtue of the Act, section 245B(1), definition of prescribed body, also a prescribed body for the Act, Chapter 16A.\n> \n> > (2) For the Act, section 245B(1), definition of prescribed body, paragraphs (b) and (c), the classes of persons listed in Schedule 5, section 2 are prescribed.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Records, reporting and information","content":"# Part 3 Records, reporting and information\n\nPart 3 Records, reporting and information","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Records","content":"## Division 1 Records\n\nDivision 1 Records","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Access to records relating to Aboriginal persons and Torres Strait Islanders—the Act, s 14(5)","content":"#### 6 Access to records relating to Aboriginal persons and Torres Strait Islanders—the Act, s 14(5)\n\n6 Access to records relating to Aboriginal persons and Torres Strait Islanders—the Act, s 14(5)\n\n> > (1) A person who is entitled under the Act, section 14(2) to have access to records relating to the placement of an Aboriginal or Torres Strait Islander child or young person may request access to the records.\n> \n> > (2) The request—\n> > \n> > > (a) must be made to the Secretary, and\n> > \n> > > (b) may be oral or written, and\n> > \n> > > (c) must be accompanied by proof of the applicant’s identity.\n> \n> > (3) The Secretary may give access to the records in the following ways—\n> > \n> > > (a) by making the records available for inspection,\n> > \n> > > (b) by providing a copy of the records.\n> \n> > (4) The Secretary must give access to the records within 20 business days after receiving a request.\n> \n> > (5) If it is not reasonably practicable to give access within 20 business days, the Secretary must, before 20 business days have passed—\n> > \n> > > (a) explain to the applicant the reason access to the records cannot be given within 20 business days, and\n> > \n> > > (b) extend the period in which the records must be provided by up to 10 business days.\n> \n> > (6) More than 1 extension may be made under subsection (5)(b) with the total of all extensions for a particular request being a maximum of 15 business days.\n> \n> > (7) The period in which records must be provided may also be extended more than once by agreement with the applicant.\n> \n> > (8) (Repealed)\n> \n> Note—\n> \n> Other legislation also governs access to records, including the following—\n> \n> > (a) the Act, section 29,\n> \n> > (b) the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071),\n> \n> > (c) the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n> \n> **s 6:** Am 2025 No 48, Sch 3.1.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Reporting","content":"## Division 2 Reporting\n\nDivision 2 Reporting","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Application of mandatory reporting requirements—the Act s 264(1A)(b)","content":"#### 7 Application of mandatory reporting requirements—the Act s 264(1A)(b)\n\n7 Application of mandatory reporting requirements—the Act s 264(1A)(b)\n\n> The Act, section 27 applies to the following classes of persons—\n> \n> > (a) a person who, while practising a profession or in other paid employment, provides disability services, wholly or partly, to children,\n> \n> > (b) a person who holds a management position in an organisation, the duties of which include direct responsibility for, or direct supervision of, the provision of disability services, wholly or partly, to children.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Extension of alternative reporting arrangements—the Act s 27A(10)","content":"#### 8 Extension of alternative reporting arrangements—the Act s 27A(10)\n\n8 Extension of alternative reporting arrangements—the Act s 27A(10)\n\n> > (1) The operation of the Act, section 27A is extended to relevant service providers to whom the Act, section 27 applies but who are not employed in, or engaged by, the NSW Health Service.\n> \n> > (2) A reference in the Act, section 27A to a staff member is taken to include a reference to a relevant service provider.\n> \n> > (3) The NSW Health Service is taken to be the relevant agency under the Act, section 27A for a relevant service provider.\n> \n> > (4) In this section—\n> > \n> > relevant service provider means the following—\n> > \n> > > (a) an employee of, or a person engaged by, an affiliated health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n> > \n> > > (b) an employee of, or a person engaged by, a private health facility that provides services to the public on behalf of a statutory health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) or the Ministry of Health,\n> > \n> > > (c) an employee of, or a person engaged by, an organisation that is or is eligible to become an ordinary member or associate member of the Aboriginal Health and Medical Research Council of NSW,\n> > \n> > > (d) a medical practitioner,\n> > \n> > > (e) a nurse who is employed or engaged to work in the medical practice of a medical practitioner who is registered in the specialty of general practice or otherwise practices in general medical practice, whether or not the nurse is employed by the medical practice.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Senior officers of Australian law enforcement agencies—the Act, s 29(6)","content":"#### 9 Senior officers of Australian law enforcement agencies—the Act, s 29(6)\n\n9 Senior officers of Australian law enforcement agencies—the Act, s 29(6)\n\n> For the Act, section 29(6), definition of senior officer, paragraph (b), the following classes of persons employed in the specified law enforcement agencies are prescribed as senior officers of the agencies—\n> \n> > (a) persons holding the rank of superintendent or above in the Australian Federal Police,\n> \n> > (b) persons holding the rank of superintendent or above in the Northern Territory Police Force,\n> \n> > (c) persons holding appointment as commissioned police officers of the Queensland Police Service,\n> \n> > (d) persons holding the rank of inspector or above in South Australia Police,\n> \n> > (e) persons holding the rank of inspector or above in Tasmania Police,\n> \n> > (f) persons holding or acting in the rank of inspector or above in Victoria Police,\n> \n> > (g) persons holding appointment as commissioned police officers of the Western Australia Police Force.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Care plans and alternative parenting plans","content":"# Part 4 Care plans and alternative parenting plans\n\nPart 4 Care plans and alternative parenting plans","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Care plans—the Act, s 78(6)","content":"#### 10 Care plans—the Act, s 78(6)\n\n10 Care plans—the Act, s 78(6)\n\n> A care plan must include the information required by Schedule 3.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Alternative parenting plans—the Act, s 264(1A)(e)","content":"#### 11 Alternative parenting plans—the Act, s 264(1A)(e)\n\n11 Alternative parenting plans—the Act, s 264(1A)(e)\n\n> An alternative parenting plan submitted to the Children’s Court under the Act, section 116 or 119 must comply with Schedule 4.","sortOrder":16},{"sectionNumber":"Part 5","sectionType":"part","heading":"Guardianship orders","content":"# Part 5 Guardianship orders\n\nPart 5 Guardianship orders","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Form of child’s or young person’s consent to guardianship order—the Act, s 79A(3)","content":"#### 12 Form of child’s or young person’s consent to guardianship order—the Act, s 79A(3)\n\n12 Form of child’s or young person’s consent to guardianship order—the Act, s 79A(3)\n\n> > (1) For the Act, section 79A(3)(d), the consent of a child or young person must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) be signed by the child or young person in the presence of a relevant witness, and\n> > \n> > > (c) include a statement from the relevant witness that the witness complied with subsections (2) and (3).\n> \n> > (2) The relevant person must explain to the child or young person the nature of the guardianship order to which the consent relates.\n> \n> > (3) The explanation must—\n> > \n> > > (a) be given at least 14 days before the consent is signed by the child or young person, and\n> > \n> > > (b) be given in a way and use language the child or young person can understand, and\n> > \n> > > (c) include the following information—\n> > > \n> > > > (i) if the order is made, all aspects of parental responsibility for the child or young person will be allocated under the order to a specified person or persons,\n> > > \n> > > > (ii) an order may be rescinded or varied under the Act, section 90,\n> > > \n> > > > (iii) the child or young person is entitled to obtain independent legal advice before signing the consent.\n> \n> > (4) In this section—\n> > \n> > relevant witness means—\n> > \n> > > (a) the principal officer of the designated agency responsible for supervising the placement of the child or young person, or\n> > \n> > > (b) an employee of the designated agency responsible for supervising the placement of the child or young person who has been directly involved in the supervision of the child or young person’s placement, or\n> > \n> > > (c) an Australian legal practitioner.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Assessment of prospective guardians—the Act, s 79B","content":"#### 13 Assessment of prospective guardians—the Act, s 79B\n\n13 Assessment of prospective guardians—the Act, s 79B\n\n> > (1) The assessment body assessing a prospective guardian’s suitability to have parental responsibility for a child or young person—\n> > \n> > > (a) must give information to the prospective guardian about the role of a guardian, and\n> > \n> > > (b) must conduct a review of the placement of the child or young person in out-of-home care.\n> \n> > (2) The prospective guardian must give the assessment body information the assessment body reasonably requires to assess the prospective guardian’s suitability.\n> \n> > (3) For the Act, section 79B(1A), the prescribed suitability assessments are—\n> > \n> > > (a) the applicable requirements of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 11A, and\n> > \n> > > (b) a uniform suitability assessment of—\n> > > \n> > > > (i) the prospective guardian, and\n> > > \n> > > > (ii) a co-resident of the prospective guardian.\n> \n> > (4) An assessment body must give the applicant for the guardianship order a statement (a suitability statement) setting out—\n> > \n> > > (a) the results of the suitability assessments, and\n> > \n> > > (b) the steps the assessment agency has taken to comply with this section.\n> \n> > (5) The applicant for the guardianship order must present the suitability statement to the Children’s Court before the order is made.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Financial assistance to guardians—the Act, s 79C(5)","content":"#### 14 Financial assistance to guardians—the Act, s 79C(5)\n\n14 Financial assistance to guardians—the Act, s 79C(5)\n\n> It is a condition of financial assistance under the Act, section 79C that the guardian of a child or young person who is provided assistance must, within 21 days after the child or young person leaves the guardian’s care, advise the Secretary in writing the child or young person has left the guardian’s care.","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Out-of-home care","content":"# Part 6 Out-of-home care\n\nPart 6 Out-of-home care","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Arrangements and services that are not out-of-home care—the Act, s 135(3)","content":"#### 15 Arrangements and services that are not out-of-home care—the Act, s 135(3)\n\n15 Arrangements and services that are not out-of-home care—the Act, s 135(3)\n\n> > (1) For the Act, section 135(3)(c) the following are not out-of-home care—\n> > \n> > > (a) adoption services under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075),\n> > \n> > > (b) specialised substitute residential care under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025),\n> > \n> > > (c) boarding services provided by an educational institution, or a body affiliated with an educational institution, to enable children and young people to attend the institution,\n> > \n> > > (d) a place used for the detention of children and young persons pending criminal proceedings, including police custody, or a detention centre within the meaning of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057),\n> > \n> > > (e) health services under the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n> > \n> > > (f) a private health facility,\n> > \n> > > (g) a holiday camp, outdoor recreation centre or similar facility where children and young people undertake or receive education, training or instruction in academic, religious, athletic or recreational pursuits,\n> > \n> > > (h) placement with a person authorised as an authorised carer under the Act, section 137(1)(c) in accordance with arrangements not involving supervision by a designated agency,\n> > \n> > > (i) placement arrangements provided to give respite to children and young persons who are carers and their siblings,\n> > \n> > > (j) accommodation provided by specialist homelessness services funded by the Department.\n> \n> > (2) In this section—\n> > \n> > educational institution means a school, training establishment or university.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Application for review of temporary care arrangement—the Act, s 152(6)","content":"#### 16 Application for review of temporary care arrangement—the Act, s 152(6)\n\n16 Application for review of temporary care arrangement—the Act, s 152(6)\n\n> > (1) An application to the Children’s Court for review of a temporary care arrangement must be in writing.\n> \n> > (2) A person who applies for a review of a temporary care arrangement must, as soon as practicable after the application is made, cause a copy of the application, endorsed with the time, date and place set down for the hearing of the application, to be served on—\n> > \n> > > (a) for an application made on behalf of the child or young person who is the subject of the arrangement—each person having parental responsibility for the child or young person who can reasonably be located, or\n> > \n> > > (b) for an application by a person having parental responsibility for the child or young person—the child, if at least 10 years of age, or young person.\n> \n> > (3) A child or young person who applies for review of a temporary care arrangement is not required to serve a copy of the application on another person.","sortOrder":24},{"sectionNumber":"pt.6-div.2-sdiv.1","sectionType":"division","heading":"Authorisation","content":"### pt.6-div.2-sdiv.1 Authorisation\n\nSubdivision 1 Authorisation","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Application to be an authorised carer in a private capacity","content":"#### 17 Application to be an authorised carer in a private capacity\n\n17 Application to be an authorised carer in a private capacity\n\n> > (1) A natural person may apply in writing to a designated agency to be an authorised carer.\n> \n> > (2) On receipt of an application, the designated agency must provide the applicant with information about the following—\n> > \n> > > (a) the rights and responsibilities of authorised carers,\n> > \n> > > (b) the authorisation process including the criteria an applicant must satisfy,\n> > \n> > > (c) permanent placement options for a child or young person in out-of-home care.\n> \n> > (3) An application must be accompanied by the information the designated agency reasonably requires to assess the applicant’s capability and suitability to be an authorised carer.\n> \n> > (4) An application may be withdrawn, by written notice or verbally, before it is determined.","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Determination of application","content":"#### 18 Determination of application\n\n18 Determination of application\n\n> > (1) A designated agency determines an application by—\n> > \n> > > (a) approving the application and authorising the applicant as an authorised carer, or\n> > \n> > > (b) refusing the application.\n> \n> > (2) A designated agency must not authorise an applicant as an authorised carer unless the agency is satisfied the applicant is capable and suitable to be an authorised carer.\n> \n> > (3) Before authorising an applicant as an authorised carer the designated agency must—\n> > \n> > > (a) be satisfied the applicant and each adult residing on the same property as the applicant have complied with the requirements of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) for engaging in child-related work as an authorised carer, and\n> > \n> > > (b) obtain or conduct a uniform suitability assessment of the applicant and each co-resident of the applicant and determine the result of each element of the assessment is satisfactory, and\n> > \n> > > (c) be satisfied the applicant has completed the education or training required by the agency, and\n> > \n> > > (d) receive from the applicant a signed statement that the applicant has read, understood and will comply with the code of conduct for authorised carers approved by the Minister under the Act, section 248C, and\n> > \n> > > (e) take into account—\n> > > \n> > > > (i) the functions of an authorised carer and the risk the applicant would be unable to properly perform the functions, and\n> > > \n> > > > (ii) risks to a child or young person if the applicant is authorised, including risks from the applicant’s home and from a person who resides on the same property as the applicant, and\n> > > \n> > > > (iii) relevant information available to the agency.\n> \n> > (4) Authorisation of an applicant as an authorised carer under this section takes effect when the designated agency gives the applicant written notice of the authorisation.\n> \n> > (5) The principal officer of a designated agency must carry out the functions of the agency under this section, unless the Children’s Guardian approves the carrying out of the functions by another person.\n> \n> > (6) Failure to comply with subsection (5) does not affect the validity of an authorisation under this section.","sortOrder":28},{"sectionNumber":"pt.6-div.2-sdiv.2","sectionType":"division","heading":"Provisional authorisation","content":"### pt.6-div.2-sdiv.2 Provisional authorisation\n\nSubdivision 2 Provisional authorisation","sortOrder":29},{"sectionNumber":"19","sectionType":"section","heading":"Provisional authorisation","content":"#### 19 Provisional authorisation\n\n19 Provisional authorisation\n\n> > (1) A designated agency may, in an emergency, authorise a person as an authorised carer for a child or young person on a provisional basis (a provisional authorisation) if the person is—\n> > \n> > > (a) a relative or kin of the child or young person, or\n> > \n> > > (b) known to the child or young person.\n> \n> > (2) A provisional authorisation takes effect on the day the first child or young person is placed with the carer.","sortOrder":30},{"sectionNumber":"20","sectionType":"section","heading":"Assessment of capability and suitability to be provisionally authorised","content":"#### 20 Assessment of capability and suitability to be provisionally authorised\n\n20 Assessment of capability and suitability to be provisionally authorised\n\n> > (1) A designated agency must not provisionally authorise a person under section 19 unless the agency has determined the person is capable and suitable to be provisionally authorised.\n> \n> > (2) Before determining a person is capable and suitable to be provisionally authorised, the designated agency must—\n> > \n> > > (a) obtain from the person the information the agency reasonably requires to assess the person’s capability and suitability, and\n> > \n> > > (b) carry out an inspection of the person’s home and be satisfied it will provide a safe and secure environment for a child or young person in out-of-home care who may reside in the home, and\n> > \n> > > (c) consider the following matters in light of the functions imposed on an authorised carer by or under the Act, information held by the agency and all the circumstances of the case—\n> > > \n> > > > (i) risks to a child or young person if the applicant is provisionally authorised,\n> > > \n> > > > (ii) the risk the person may be unable to properly perform the functions of an authorised carer.\n> \n> > (3) In assessing a person for provisional authorisation, a designated agency may obtain or conduct a uniform suitability assessment for the person and each co-resident of the person.\n> \n> > (4) The principal officer of a designated agency must carry out the functions of the agency under this section, unless the Children’s Guardian approves the carrying out of the functions by another person.\n> \n> > (5) Failure to comply with subsection (4) does not affect the validity of a provisional authorisation under this section.","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Administration of provisional authorisation","content":"#### 21 Administration of provisional authorisation\n\n21 Administration of provisional authorisation\n\n> > (1) A designated agency must, when provisionally authorising a person as an authorised carer, make all reasonable efforts to inform the person, and each adult who resides on the same property as the person, of the relevant requirements of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).\n> > \n> > Note—\n> > \n> > See the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), sections 6(3)(c) and 10 and the regulations under that Act relating to those sections.\n> \n> > (2) A person who is provisionally authorised and who has not, at the time the provisional authorisation takes effect, made an application under section 17 is taken to have a made an application.\n> \n> > (3) It is a condition of a provisional authorisation that the provisionally authorised person must—\n> > \n> > > (a) submit further information the agency reasonably requires to assess the person’s suitability to continue to be provisionally authorised, and\n> > \n> > > (b) take all reasonable steps to become authorised.\n> \n> > (4) The Children’s Guardian must monitor a designated agency’s progress in determining a provisionally authorised person’s application made, or taken to have been made, under section 17, if the Children’s Guardian becomes aware the person has been provisionally authorised for more than 3 months.\n> \n> > (5) A designated agency must cancel a provisional authorisation that has been in effect for 3 months or more if directed to do so by the Children’s Guardian by written notice.\n> \n> > (6) The cancellation of the provisional authorisation of a person is taken to be a decision by the designated agency to refuse, under section 18, the person’s application.\n> \n> > (7) The provisional authorisation of a person ceases to have effect when an application by the person for authorisation as an authorised carer is determined under section 18.","sortOrder":32},{"sectionNumber":"pt.6-div.2-sdiv.3","sectionType":"division","heading":"Other authorisations","content":"### pt.6-div.2-sdiv.3 Other authorisations\n\nSubdivision 3 Other authorisations","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Emergency authorisation of residential care worker","content":"#### 22 Emergency authorisation of residential care worker\n\n22 Emergency authorisation of residential care worker\n\n> > (1) A designated agency may, in an emergency, authorise a person as an authorised carer if the person is—\n> > \n> > > (a) an employee of the agency whose duties include providing, or supervising the provision of, care to children or young persons, or\n> > \n> > > (b) a contractor, being a natural person engaged by the agency under a contract to provide services including providing, or supervising the provision of, care to children or young persons, or\n> > \n> > > (c) an employee of a contractor whose duties as an employee include providing care to children or young persons.\n> \n> > (2) The authorisation—\n> > \n> > > (a) may be for a maximum of 72 hours, and\n> > \n> > > (b) takes effect when a child or young person is placed with the person.\n> \n> > (3) A designated agency must not authorise the person unless—\n> > \n> > > (a) the agency is satisfied the person has complied with the requirements of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) for engaging in child-related work as an authorised carer, and\n> > \n> > > (b) the agency has obtained from the person the information the agency reasonably required to assess the person’s capability and suitability to be an authorised carer, and\n> > \n> > > (c) the agency has taken into account—\n> > > \n> > > > (i) the relevant functions of an authorised carer and the risk the person would be unable to properly perform the functions, and\n> > > \n> > > > (ii) relevant information available to the agency.\n> \n> > (4) For the purpose of assessing the person’s suitability, the designated agency may make inquiries about the person the agency considers appropriate, including—\n> > \n> > > (a) a nationwide criminal record check, and\n> > \n> > > (b) another relevant probity check relating to the previous employment or other activities of the person.\n> \n> > (5) The principal officer of a designated agency must carry out the functions of the agency under this section, unless the Children’s Guardian approves the carrying out of the functions by another person.\n> \n> > (6) Failure to comply with subsection (5) does not affect the validity of an authorisation under this section.\n> \n> > (7) A designated agency must not authorise a person under this section more than once.","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Authorisation of residential care workers—the Act, s 137","content":"#### 23 Authorisation of residential care workers—the Act, s 137\n\n23 Authorisation of residential care workers—the Act, s 137\n\n> > (1) A designated agency may authorise a natural person as an authorised carer if—\n> > \n> > > (a) the person is a residential care worker, and\n> > \n> > > (b) the agency has conducted each check required for the person by the [Children’s Guardian Regulation 2022](/view/html/inforce/current/sl-2022-0122), Part 2, Division 2, and\n> > \n> > > (c) the agency has determined the person is capable and suitable to be an authorised carer taking into account—\n> > > \n> > > > (i) the relevant functions of an authorised carer and a risk the person would be unable to properly perform the functions, and\n> > > \n> > > > (ii) relevant information available to the agency.\n> \n> > (2) The functions of a designated agency under subsection (1)(b) and (c) must be undertaken by the principal officer of the agency and may, with the approval of the Children’s Guardian, be delegated to another person.\n> \n> > (3) Failure to comply with subsection (2) does not affect the validity of an authorisation under this section.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Authorisation of residential care workers under sections 22 and 23","content":"#### 24 Authorisation of residential care workers under sections 22 and 23\n\n24 Authorisation of residential care workers under sections 22 and 23\n\n> A person authorised as an authorised carer under section 22 or 23 is authorised to provide care only—\n> \n> > (a) for a child or young person for whom care is being provided or supervised by the designated agency that authorised the person, and\n> \n> > (b) in a residential setting within the meaning of the [Children’s Guardian Regulation 2022](/view/html/inforce/current/sl-2022-0122).","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Authorisation of caseworkers","content":"#### 25 Authorisation of caseworkers\n\n25 Authorisation of caseworkers\n\n> > (1) A caseworker is taken to be authorised under section 22.\n> \n> > (2) In this section—\n> > \n> > caseworker has the same meaning as in the [Children’s Guardian Regulation 2022](/view/html/inforce/current/sl-2022-0122).","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Authorisation of interstate residential care workers—the Act, s 137","content":"#### 26 Authorisation of interstate residential care workers—the Act, s 137\n\n26 Authorisation of interstate residential care workers—the Act, s 137\n\n> > (1) For the purpose of a designated agency making arrangements for a child or young person to be provided with residential care by an interstate agency, an interstate residential care worker is taken to be an authorised carer if the interstate agency satisfies the designated agency that all persons employed or engaged by the interstate agency to provide residential care to children and young people—\n> > \n> > > (a) have been assessed as capable and suitable to provide the care, and\n> > \n> > > (b) hold a current WWCCC or its equivalent in the relevant State, and\n> > \n> > > (c) have undergone a nationwide criminal record check and the outcome of the check was satisfactory.\n> \n> > (2) An interstate residential care worker taken to be authorised under this section is not taken to be authorised for the purpose of providing out-of-home care in New South Wales.\n> \n> > (3) In this section—\n> > \n> > interstate agency means—\n> > \n> > > (a) the child welfare agency of another State, or\n> > \n> > > (b) a service provider funded by or contracted by the child welfare agency of another State to provide residential care to children and young people.\n> > \n> > interstate residential care worker means a person who is employed or engaged to provide residential care by an interstate agency.\n> > \n> > State has the same meaning as in the Act, Chapter 14A.","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Other carers authorised by Department to enable special care","content":"#### 27 Other carers authorised by Department to enable special care\n\n27 Other carers authorised by Department to enable special care\n\n> > (1) The Department, in its capacity as a designated agency, may authorise a person as an authorised carer to provide special out-of-home care if the person is—\n> > \n> > > (a) an employee of a special care provider whose duties include providing, or supervising the provision of, care to children or young persons, or\n> > \n> > > (b) a contractor, or\n> > \n> > > (c) an employee of a contractor whose duties as an employee include providing care to children or young persons.\n> \n> > (2) The Department must not authorise a person under subsection (1) unless the relevant special care provider has—\n> > \n> > > (a) informed the Department the special care provider is satisfied the person has complied with the requirements of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) for the child-related work as an authorised carer, and\n> > \n> > > (b) done anything else required under that Act in relation to the authorisation, whether before or after the commencement of this section.\n> \n> > (3) The Department must not place a child or young person in the out-of-home care of a person authorised under subsection (1) unless the Department has—\n> > \n> > > (a) determined the child or young person requires special out-of-home care that will be effectively provided by the placement, and\n> > \n> > > (b) consulted the Children’s Guardian about the placement.\n> \n> > (4) In this section—\n> > \n> > contractor means a natural person engaged by a special care provider under a contract to provide services including providing, or supervising the provision of, care to children or young persons.\n> > \n> > impairment includes, but is not limited to—\n> > \n> > > (a) an intellectual impairment,\n> > \n> > > (b) a psychiatric impairment,\n> > \n> > > (c) a sensory impairment,\n> > \n> > > (d) a physical impairment.\n> > \n> > special care provider means an organisation the Department has determined is suitable to provide special out-of-home care for children or young persons.\n> > \n> > special out-of-home care for a child or young person means out-of-home care provided for a child or young person who has 1 or more impairments that—\n> > \n> > > (a) is permanent or likely to be permanent, and\n> > \n> > > (b) results in significantly reduced capacity in one or more major life activities, including the following—\n> > > \n> > > > (i) communication,\n> > > \n> > > > (ii) learning,\n> > > \n> > > > (iii) mobility,\n> > > \n> > > > (iv) decision-making,\n> > > \n> > > > (v) self-care.","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Authorised carer authorised by designated agency to give respite to usual authorised carer","content":"#### 28 Authorised carer authorised by designated agency to give respite to usual authorised carer\n\n28 Authorised carer authorised by designated agency to give respite to usual authorised carer\n\n> > (1) A designated agency may authorise a person as an authorised carer who can provide respite for other authorised carers if the person is—\n> > \n> > > (a) an employee of a respite care provider whose duties include providing, or supervising the provision of, care to children or young persons, or\n> > \n> > > (b) a contractor, or\n> > \n> > > (c) an employee of a contractor whose duties as an employee include providing care to children or young persons.\n> \n> > (2) A designated agency must not authorise a person under subsection (1) unless the relevant respite care provider has—\n> > \n> > > (a) informed the agency the respite care provider is satisfied the person has complied with the requirements of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) for child-related work as an authorised carer, and\n> > \n> > > (b) done anything else required under that Act in relation to the authorisation, whether before or after the commencement of this section.\n> \n> > (3) The principal officer of a designated agency must carry out the functions of the agency under this section, unless the Children’s Guardian approves the carrying out of the functions by another person.\n> \n> > (4) Failure to comply with subsection (3) does not affect the validity of an authorisation under this section.\n> \n> > (5) A designated agency must not place a child or young person in the out-of-home care of a person authorised under subsection (1) unless the agency has given the Children’s Guardian written notice of the name, and the street and postal address of the principal place of business of the respite care provider.\n> \n> > (6) A designated agency must notify the Children’s Guardian in writing if a child or young person is placed in the out-of-home care of a person authorised by the agency under subsection (1) for a period or periods amounting to more than 90 days in a 12 month period.\n> \n> > (7) In this section—\n> > \n> > contractor means a natural person engaged by a respite care provider under a contract to provide services including providing, or supervising the provision of, care to children or young persons.\n> > \n> > respite care provider means an organisation providing temporary respite relief for authorised carers.","sortOrder":40},{"sectionNumber":"pt.6-div.2-sdiv.4","sectionType":"division","heading":"Conditions of authorisation","content":"### pt.6-div.2-sdiv.4 Conditions of authorisation\n\nSubdivision 4 Conditions of authorisation\n\nNote—\n\nThe Act, section 248C imposes a condition that an authorised carer must comply with the code of conduct approved by the Minister.","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":"Training","content":"#### 29 Training\n\n29 Training\n\n> > (1) It is a condition of an authorisation that an authorised carer must not provide out-of-home care to a child or young person unless the carer has completed a course of training on the provision of care for a child or young person.\n> \n> > (2) Subsection (1) does not apply to—\n> > \n> > > (a) out-of-home care provided to a child or young person who is a relative or kin of the carer or who is known to the carer, or\n> > \n> > > (b) an authorised residential care worker.","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":"Designated agency may impose conditions","content":"#### 30 Designated agency may impose conditions\n\n30 Designated agency may impose conditions\n\n> > (1) A designated agency may, by written notice—\n> > \n> > > (a) impose reasonable conditions on the authorisation of an authorised carer, including a condition that the authorised carer may provide out-of-home care only to specified children or young persons or to a specified class of children or young persons, and\n> > \n> > > (b) vary or revoke a condition imposed under this subsection.\n> \n> > (2) Action under subsection (1) takes effect when the notice is given to the authorised carer.\n> \n> > (3) This section does not apply to an authorised residential care worker.","sortOrder":43},{"sectionNumber":"31","sectionType":"section","heading":"Personal responsibility of authorised carer","content":"#### 31 Personal responsibility of authorised carer\n\n31 Personal responsibility of authorised carer\n\n> An authorised carer is personally responsible for carrying out the carer’s functions and duties.","sortOrder":44},{"sectionNumber":"32","sectionType":"section","heading":"Notice of change of address","content":"#### 32 Notice of change of address\n\n32 Notice of change of address\n\n> > (1) An authorised carer must, before changing residential address, give written notice of the change to an officer or employee of the designated agency.\n> \n> > (2) This section does not apply to an authorised residential care worker.","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Information to be provided to designated agency","content":"#### 33 Information to be provided to designated agency\n\n33 Information to be provided to designated agency\n\n> > (1) An authorised carer who is responsible for a child or young person in out-of-home care must give the designated agency information concerning the care of the child or young person the agency may reasonably require from time to time.\n> \n> > (2) An authorised carer who is responsible for a child or young person in out-of-home care must immediately notify the designated agency if 1 or more of the following occurs—\n> > \n> > > (a) the child or young person leaves the care of the authorised carer,\n> > \n> > > (b) the child or young person will be, or has been—\n> > > \n> > > > (i) expelled or suspended from school, or\n> > > \n> > > > (ii) absent from the care of the authorised carer for a period of 24 hours or more without the permission of the authorised carer, or\n> > > \n> > > > (iii) absent from New South Wales for any period, whether or not while in the care of the authorised carer, without the permission of the Minister,\n> > \n> > > (c) the child or young person is charged with a criminal offence for which a penalty of imprisonment for 12 months or more may be imposed,\n> > \n> > > (d) the child or young person suffers a serious accident, injury or illness,\n> > \n> > > (e) the child or young person dies,\n> > \n> > > (f) the authorised carer—\n> > > \n> > > > (i) becomes a parent to another child or young person, or\n> > > \n> > > > (ii) is charged with or convicted of an offence for which a penalty of imprisonment for 12 months or more may be imposed, or\n> > > \n> > > > (iii) becomes aware a member of the carer’s household has been charged with or convicted of an offence for which a penalty of imprisonment for 12 months or more may be imposed,\n> > \n> > > (g) a child, young person or other person joins the authorised carer’s household.\n> \n> > (3) Subsection (2)(f)(i) and (iii) and (g) do not apply to an authorised residential care worker.","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Medical examination","content":"#### 34 Medical examination\n\n34 Medical examination\n\n> > (1) A designated agency may require a person to undergo an examination by a medical practitioner if—\n> > \n> > > (a) the agency is assessing whether an authorised carer’s household is a healthy environment for the care of children or young persons, and\n> > \n> > > (b) the person is the authorised carer or a person who resides at the authorised carer’s home.\n> \n> > (2) The requirement must be given to the authorised carer by written notice.\n> \n> > (3) A designated agency may require a person to undergo an examination only—\n> > \n> > > (a) on the written advice of a medical practitioner, and\n> > \n> > > (b) if satisfied the examination is reasonably necessary.\n> \n> > (4) The authorised carer must—\n> > \n> > > (a) undergo the requested examination, or ensure the person to whom the notice relates undergoes the examination, and\n> > \n> > > (b) ensure a report from the examination is given, within a reasonable time after the examination is conducted, to the designated agency and to another supervising person who requests a copy of the report.\n> \n> > (5) In this section—\n> > \n> > supervising person means—\n> > \n> > > (a) the Secretary or the Secretary’s delegate, or\n> > \n> > > (b) an officer or employee of the designated agency with supervisory responsibility for a child or young person in the care of an authorised carer.","sortOrder":47},{"sectionNumber":"pt.6-div.2-sdiv.5","sectionType":"division","heading":"Cancellation, suspension and surrender of authorisation","content":"### pt.6-div.2-sdiv.5 Cancellation, suspension and surrender of authorisation\n\nSubdivision 5 Cancellation, suspension and surrender of authorisation","sortOrder":48},{"sectionNumber":"35","sectionType":"section","heading":"Cancellation or suspension of authorisation by designated agency","content":"#### 35 Cancellation or suspension of authorisation by designated agency\n\n35 Cancellation or suspension of authorisation by designated agency\n\n> A designated agency may, by written notice, cancel or suspend the authorisation of an authorised carer if, in the agency’s opinion, the authorised carer—\n> \n> > (a) is no longer a suitable person to be an authorised carer, or\n> \n> > (b) has failed to—\n> > \n> > > (i) comply with a condition of the authorisation, or\n> > \n> > > (ii) comply with a condition or requirement imposed on the authorised carer by the Act or this Regulation, or\n> > \n> > > (iii) comply with a written direction to the authorised carer given by the designated agency or the Children’s Guardian under the Act, section 157(3), or\n> > \n> > > (iv) uphold the Charter of Rights prepared by the Minister under the Act, section 162.\n> \n> Note—\n> \n> Under the Act, section 245(1)(a) and (a1) a decision to suspend or cancel the authorisation of an authorised carer is administratively reviewable by NCAT.","sortOrder":49},{"sectionNumber":"36","sectionType":"section","heading":"Automatic cancellation—making of guardianship order","content":"#### 36 Automatic cancellation—making of guardianship order\n\n36 Automatic cancellation—making of guardianship order\n\n> > (1) On the making of a guardianship order making an authorised carer the guardian of a child or young person named in the order, the authorisation of the authorised carer is automatically cancelled as it relates to the child or young person.\n> > \n> > Note—\n> > \n> > This subsection does not affect an authorisation as an authorised carer as it relates specifically or generally to children or young persons other than the child or young person who is the subject of the guardianship order.\n> \n> > (2) The reference to the making of a guardianship order in subsection (1) extends to an order taken to be a guardianship order under the Act, Schedule 3, section 35 on the commencement of the Act, section 79A.","sortOrder":50},{"sectionNumber":"37","sectionType":"section","heading":"Automatic cancellation—working with children requirements no longer met","content":"#### 37 Automatic cancellation—working with children requirements no longer met\n\n37 Automatic cancellation—working with children requirements no longer met\n\n> > (1) The authorisation of a person as an authorised carer is automatically cancelled if the person—\n> > \n> > > (a) no longer has—\n> > > \n> > > > (i) a WWCCC, or\n> > > \n> > > > (ii) a WWCCC application, or\n> > \n> > > (b) is subject to an interim bar.\n> \n> > (2) The cancellation of the authorisation takes effect—\n> > \n> > > (a) when the person is notified—\n> > > \n> > > > (i) the person’s WWCCC has been cancelled, or\n> > > \n> > > > (ii) the person’s current WWCCC application has been terminated or refused, or\n> > > \n> > > > (iii) the person is subject to an interim bar, or\n> > \n> > > (b) if the WWCCC is cancelled under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 24—when the person notifies the Children’s Guardian the person wishes to surrender the person’s WWCCC, or\n> > \n> > > (c) if the WWCCC ceases to have effect because 5 years have passed since it was granted and the holder of the WWCCC has not applied for a new WWCCC—on the day the WWCCC ceases to have effect.\n> \n> > (3) The designated agency supervising the out-of-home care of a child or young person in the care of a person whose authorisation is cancelled under this section must, within 48 hours of becoming aware of the cancellation, ensure the child or young person no longer resides with the person.\n> \n> > (4) The designated agency that authorised a person may revive the person’s authorisation within 2 years after it is cancelled under this section, if the person—\n> > \n> > > (a) has—\n> > > \n> > > > (i) a WWCCC, or\n> > > \n> > > > (ii) a WWCCC application, and\n> > \n> > > (b) is not subject to an interim bar.\n> \n> > (5) Subsection (3) does not apply if—\n> > \n> > > (a) an authorisation cancelled under subsection (1) is revived under subsection (4) before the child or young person is removed from the person’s residence, and\n> > \n> > > (b) it is less than 48 hours since the authorisation was cancelled.","sortOrder":51},{"sectionNumber":"38","sectionType":"section","heading":"Automatic cancellation—cessation of employment or contract","content":"#### 38 Automatic cancellation—cessation of employment or contract\n\n38 Automatic cancellation—cessation of employment or contract\n\n> The authorisation of a person authorised as an authorised carer in the person’s employment or under a contractual arrangement is automatically cancelled if the person ceases employment or is no longer providing care under the contractual arrangement.","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"Presumption authorisation will be cancelled","content":"#### 39 Presumption authorisation will be cancelled\n\n39 Presumption authorisation will be cancelled\n\n> > (1) For the purposes of the Act, section 137(2)(e)(ii) the occurrence of the following events raises a presumption the authorisation of a person as an authorised carer will be cancelled—\n> > \n> > > (a) if the authorisation relates to the out-of-home care of a particular child or young person—the person has not provided out-of-home care to the child or young person for 3 months or more,\n> > \n> > > (b) in all other cases—the person has not provided out-of-home care to a child or young person under the authorisation for 2 years or more.\n> \n> > (2) Cancellation of an authorisation under subsection (1) must not occur if—\n> > \n> > > (a) an investigation into whether the person’s authorisation should be cancelled is underway, or\n> > \n> > > (b) the person has applied for an internal review of a decision to cancel the person’s authorisation and the review is underway, or\n> > \n> > > (c) the person has applied for the review of a reviewable decision and NCAT has not given a decision, or\n> > > \n> > > Note—\n> > > \n> > > see the Act, section 245 for decisions administratively reviewable by NCAT.\n> > \n> > > (d) the agency is satisfied the authorisation should not be cancelled in the particular case.","sortOrder":53},{"sectionNumber":"40","sectionType":"section","heading":"Automatic suspension of authorisation","content":"#### 40 Automatic suspension of authorisation\n\n40 Automatic suspension of authorisation\n\n> > (1) The designated agency supervising the out-of-home care of a child or young person in the care of an authorised carer must, when becoming aware that an unsuitable co-resident resides on the same property as the authorised carer—\n> > \n> > > (a) notify the authorised carer that the co-resident is unsuitable, and\n> > \n> > > (b) within 48 hours, remove the child or young person from the care of the authorised carer.\n> \n> > (2) The authorisation of a person as an authorised carer is automatically suspended when the notification is given.\n> \n> > (3) The suspension ceases to have effect when the unsuitable co-resident ceases to reside on the same property as the authorised carer.\n> \n> > (4) The designated agency is not required to remove the child or young person from the care of the authorised carer if—\n> > \n> > > (a) the suspension ceases to have effect before the child or young person is removed from the care of the authorised carer, and\n> > \n> > > (b) it is less than 48 hours since the agency became aware of the unsuitable co-resident residing on the same property as the authorised carer.\n> \n> > (5) In this section—\n> > \n> > continuing residence approval has the same meaning as in the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).\n> > \n> > unsuitable co-resident means a co-resident who, despite requiring a WWCCC or a WWCCC application to reside on the same property as the authorised carer—\n> > \n> > > (a) does not have 1 of the following—\n> > > \n> > > > (i) a WWCCC,\n> > > \n> > > > (ii) a WWCCC application,\n> > > \n> > > > (iii) a continuing residence approval, or\n> > \n> > > (b) is subject to an interim bar.","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Surrender of authorisation","content":"#### 41 Surrender of authorisation\n\n41 Surrender of authorisation\n\n> A person authorised as an authorised carer under this Division may surrender the authorisation at any time by giving written notice to the designated agency that authorised the person.","sortOrder":55},{"sectionNumber":"pt.6-div.2-sdiv.6","sectionType":"division","heading":"Miscellaneous","content":"### pt.6-div.2-sdiv.6 Miscellaneous\n\nSubdivision 6 Miscellaneous","sortOrder":56},{"sectionNumber":"42","sectionType":"section","heading":"Assessment of persons residing on same property as carer","content":"#### 42 Assessment of persons residing on same property as carer\n\n42 Assessment of persons residing on same property as carer\n\n> > (1) It is a condition of an authorised carer’s authorisation that all co-residents of the authorised carer must undergo a uniform suitability assessment.\n> \n> > (2) A designated agency must, as soon as practicable after becoming aware a person is a co-resident of an authorised carer who has been authorised under section 18 or 19, obtain or conduct a uniform suitability assessment of the person.\n> > \n> > Note—\n> > \n> > A designated agency also has obligations under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) concerning persons residing on the same property as authorised carers.\n> \n> > (3) This section does not apply to a co-resident who is a young person in out-of-home care.","sortOrder":57},{"sectionNumber":"43","sectionType":"section","heading":"Authorisation by designated agency to be in writing","content":"#### 43 Authorisation by designated agency to be in writing\n\n43 Authorisation by designated agency to be in writing\n\n> A designated agency that authorises a person as an authorised carer under this Division must give the person a written copy of the authorisation setting out conditions imposed by the agency.","sortOrder":58},{"sectionNumber":"Division 3","sectionType":"division","heading":"Authorisation other than by designated agency","content":"## Division 3 Authorisation other than by designated agency\n\nDivision 3 Authorisation other than by designated agency","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Other authorisation","content":"#### 44 Other authorisation\n\n44 Other authorisation\n\n> > (1) For the purposes of the Act, section 137(1)(c), the following persons are authorised as authorised carers—\n> > \n> > > (a) a person who provides residential care and control of a child or young person whose placement arrangements are not subject to supervision by a designated agency, and who provides care and control under—\n> > > \n> > > > (i) a care plan developed by the Secretary, or\n> > > \n> > > > (ii) an alternative parenting plan approved or registered by the Children’s Court under the Act, Chapter 7, Part 1,\n> > \n> > > (b) a person providing residential care and control of a child or young person whose placement arrangements are not subject to supervision by a designated agency under an order of the Supreme Court or the Federal Circuit and Family Court of Australia.\n> \n> > (2) A person referred to in subsection (1) is only authorised as an authorised carer for the child or young person, and the person ceases to be an authorised carer when the person ceases to have care responsibility for the child or young person.","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Transferred authorisation","content":"#### 45 Transferred authorisation\n\n45 Transferred authorisation\n\n> The authorisation of a person as an authorised carer of a child or young person in out-of-home care is taken to be an authorisation by the Department if, under the Act, section 141(1), the Department supervises the placement of the child or young person.","sortOrder":61},{"sectionNumber":"Division 4","sectionType":"division","heading":"Behaviour management—the Act, s 137(2)(g)","content":"## Division 4 Behaviour management—the Act, s 137(2)(g)\n\nDivision 4 Behaviour management—the Act, s 137(2)(g)","sortOrder":62},{"sectionNumber":"46","sectionType":"section","heading":"Children and young persons supervised by a designated agency","content":"#### 46 Children and young persons supervised by a designated agency\n\n46 Children and young persons supervised by a designated agency\n\n> > (1) An authorised carer, in supporting a child or young person in out-of-home care to change the child’s or young person’s behaviour must not use a behaviour management practice unless the behaviour management practice is approved by the designated agency responsible for supervising the placement of the child or young person.\n> \n> > (2) A designated agency must not approve a behaviour management practice that includes the following—\n> > \n> > > (a) physical coercion or physical punishment,\n> > \n> > > (b) punishment taking the form of immobilisation, force-feeding or depriving a child or young person of food,\n> > \n> > > (c) punishment intended to humiliate or frighten a child or young person.\n> \n> > (3) An authorised carer who finds the approved behaviour management practices are not sufficiently effective to support behaviour change for a child or young person must notify the designated agency as soon as practicable.\n> \n> > (4) On receiving a notification the designated agency, after assessing the situation, must determine if the behaviour should be addressed by one or more of the following—\n> > \n> > > (a) providing appropriate advice, support and training to the authorised carer and appropriate support to the child or young person,\n> > \n> > > (b) adjusting the approved behaviour management practices for the child or young person,\n> > \n> > > (c) preparing a behaviour support plan for the child or young person.\n> \n> > (5) If the designated agency concludes action under subsection (4) has been, or will be, ineffective to support behaviour change for the child or young person the agency may change the placement arrangements.","sortOrder":63},{"sectionNumber":"47","sectionType":"section","heading":"Children and young persons not supervised by a designated agency","content":"#### 47 Children and young persons not supervised by a designated agency\n\n47 Children and young persons not supervised by a designated agency\n\n> > (1) This section applies only to a person authorised as an authorised carer under section 44(1)(a).\n> \n> > (2) An authorised carer, in supporting behaviour change for a child or young person in out-of-home care, must not use a behaviour management practice unless the behaviour management practice is approved by the Secretary.\n> \n> > (3) The Secretary must not approve a behaviour management practice that includes the following—\n> > \n> > > (a) physical coercion or physical punishment,\n> > \n> > > (b) punishment taking the form of immobilisation, force-feeding or depriving a child or young person of food,\n> > \n> > > (c) punishment intended to humiliate or frighten a child or young person.","sortOrder":64},{"sectionNumber":"Part 7","sectionType":"part","heading":"Medical examination and treatment","content":"# Part 7 Medical examination and treatment\n\nPart 7 Medical examination and treatment","sortOrder":65},{"sectionNumber":"48","sectionType":"section","heading":"Notice of medical examination","content":"#### 48 Notice of medical examination\n\n48 Notice of medical examination\n\n> For the Act, section 173(1) the prescribed form of notice is the form in Schedule 1.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 80(1) provides where a form is prescribed by, or approved under, an Act, strict compliance with the form is not necessary but substantial compliance is sufficient.","sortOrder":66},{"sectionNumber":"49","sectionType":"section","heading":"Administration of psychotropic drugs to child in statutory out-of-home care—the Act, s 264(1A)(g)","content":"#### 49 Administration of psychotropic drugs to child in statutory out-of-home care—the Act, s 264(1A)(g)\n\n49 Administration of psychotropic drugs to child in statutory out-of-home care—the Act, s 264(1A)(g)\n\n> > (1) An authorised carer for a child in statutory out-of-home care must immediately notify the designated agency with supervisory responsibility for the placement of the child if a medical practitioner prescribes administration of a psychotropic drug to the child.\n> \n> > (2) On receiving the notification, the principal officer of the designated agency must prepare, or cause to be prepared and approve, a behaviour support plan for the child taking into account administration of the drug.\n> \n> > (3) This section applies to the administration of a psychotropic drug that is also a drug of addiction within the meaning of the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) even if the drug is administered in accordance with an exemption referred to in the Act, section 175(4A).\n> > \n> > Note—\n> > \n> > For example, methylphenidate, also known as Ritalin, is a psychotropic drug and is also a drug of addiction referred to in section 175(5), definition of special medical treatment, paragraph (c1). Methylphenidate is also the subject of an exemption under the Act, section 175(4A).\n> \n> > (4) In this section—\n> > \n> > psychotropic drug means prescribed medication that can affect, by acting on the central nervous system, cognition, perception, thinking, mood, behaviour or level of arousal.","sortOrder":67},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":68},{"sectionNumber":"50","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 50 Savings and transitional provisions\n\n50 Savings and transitional provisions\n\n> > (1) An act, matter or thing that, immediately before the repeal of the previous Regulation, had effect under the previous Regulation continues to have effect under this Regulation.\n> \n> > (2) The Act, section 149A, as in force immediately before its repeal by the amending Act, and the previous Regulation, clauses 10 and 11, as in force before their repeal by the amending Regulation, continue to apply to an order referred to in the Act, Schedule 3, clause 34 despite the repeal of that section and those clauses.\n> \n> > (3) In this section—\n> > \n> > amending Act means the [Child Protection Legislation Amendment Act 2014](/view/html/repealed/current/act-2014-008).\n> > \n> > amending Regulation means the [Children and Young Persons (Care and Protection) Further Amendment Regulation 2014](/view/pdf/asmade/sl-2014-682).\n> > \n> > previous Regulation means the [Children and Young Persons (Care and Protection) Regulation 2012](/view/html/repealed/current/sl-2012-0425).\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 30 provides that the repeal of a statutory rule does not affect the operation of savings or transitional provisions contained in the statutory rule. For repealed savings and transitional provisions that may have ongoing operation, see the [Children and Young Persons (Care and Protection) Regulation 2012](/view/html/repealed/current/sl-2012-0425), clause 88.","sortOrder":69},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Notice of medical examination","content":"# Schedule 1 Notice of medical examination\n\nSchedule 1 Notice of medical examination\n\nsection 48\n\n**Notice of medical examination**\n\nTo:............................................................\n\n\\[*insert name of person having care of the child or young person*\\]\n\nYou must immediately take ............................................................\n\n\\[*insert name or description of the child or young person*\\]\n\nfor a medical examination by ............................................................\n\n\\[*insert name or description of medical practitioner*\\]\n\nat ............................................................\n\n\\[*insert name and address of hospital or place*\\]\n\nYou may be charged with a criminal offence if you do not do as this notice requires.\n\nThis notice is issued by .................... \\[*insert name and position description of person issuing the notice*\\]\n\nDate ....................\n\n\\[*insert the date on which this notice is issued*\\]","sortOrder":70},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Uniform suitability assessment requirements","content":"# Schedule 2 Uniform suitability assessment requirements\n\nSchedule 2 Uniform suitability assessment requirements\n\nsections 13, 18, 20 and 42","sortOrder":71},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Care plans","content":"# Schedule 3 Care plans\n\nSchedule 3 Care plans\n\nsection 10","sortOrder":80},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Alternative parenting plans","content":"# Schedule 4 Alternative parenting plans\n\nSchedule 4 Alternative parenting plans\n\nsection 11","sortOrder":83},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Prescribed bodies","content":"# Schedule 5 Prescribed bodies\n\nSchedule 5 Prescribed bodies\n\nsection 5","sortOrder":88}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"This 2022 Regulation replaces the 2012 version but remains squarely within the original scope of supplying administrative, procedural and evidentiary detail required to operationalise the Children and Young Persons (Care and Protection) Act 1998. It has been updated to incorporate contemporary child protection concepts such as uniform suitability assessments and strengthened working-with-children checks, yet has not expanded the legislative purpose beyond supporting safe out-of-home care, permanency planning and information sharing."},"complexity_factors":["Heavy cross-referencing to the Children and Young Persons (Care and Protection) Act 1998, the Child Protection (Working with Children) Act 2012, the Children's Guardian Act 2019 and at least ten other statutes","Multiple layers of defined terms (e.g. assessable person, co-resident, uniform suitability assessment, provisional authorisation) that feed into conditional decision trees","Five detailed Schedules containing prescriptive content requirements, assessment checklists and lists of prescribed bodies","Nested subdivisions within Part 6 dealing with different authorisation pathways (private capacity, provisional, emergency residential, interstate, special care, respite) each with distinct procedural and cancellation rules","Numerous exceptions, time limits (e.g. 20 business days, 48 hours, 21 days, 14 days, 3 months, 2 years) and 'reasonable' discretion tests"],"plain_english_summary":"**This Regulation provides the detailed, day-to-day rules that support the Children and Young Persons (Care and Protection) Act 1998 in New South Wales.**\n\nIt explains exactly how government agencies and approved organisations must check and approve people who want to care for children outside their own homes (called authorised carers), what information must be included in official plans for a child's future (care plans), how records about Aboriginal and Torres Strait Islander children must be shared, and when certain professionals must report safety concerns. The rules also cover guardianship orders (where someone other than the parents gets full parental responsibility), medical treatment decisions, behaviour management techniques that are banned, and how to handle temporary care arrangements.\n\nIt affects children and young people who cannot safely live with their parents, their families, people applying to become foster or kinship carers, residential care workers, designated agencies, the Secretary of the Department, and the Children's Guardian. \n\nThe rules matter because they aim to make sure every child in out-of-home care is kept safe, their views are considered, carers are properly screened, and decisions are made consistently across the state. Without these practical steps the broad protections in the main Act would be difficult to apply in real life."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication of scope change from the original intent. The regulation appears to be a standard remake or update of the prior regulatory framework under the Children and Young Persons (Care and Protection) Act 1998. The August 2025 amendment updated an existing version rather than fundamentally altering the regulation's purpose. Without access to the substantive provisions, a definitive scope assessment cannot be made."},"complexity_factors":["Only metadata and status information was provided — the actual substantive provisions are absent, preventing full complexity assessment","The regulation sits within a layered legislative framework (regulation under a complex Act), which inherently adds interpretive complexity","The parent Act (Children and Young Persons (Care and Protection) Act 1998) is itself a highly complex piece of legislation, meaning this regulation must be read alongside it","Child protection law involves intersecting obligations across government agencies, non-government organisations, and individuals, adding practical complexity","The automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer practitioners must track","Score is conservative (4) due to the absence of substantive content — actual complexity could be significantly higher depending on the provisions"],"plain_english_summary":"## Children and Young Persons (Care and Protection) Regulation 2022 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a set of detailed rules made under a broader law) that sits beneath the *Children and Young Persons (Care and Protection) Act 1998*. That parent Act is the main NSW law governing child protection — covering things like mandatory reporting of abuse, removal of children from unsafe homes, and the oversight of out-of-home care arrangements.\n\n**What does the regulation do?**\nRegulations like this one typically fill in the operational detail that is too specific or changeable to put in the main Act itself. This could include things like:\n- Specific forms, fees, or procedures for child protection processes\n- Requirements for carers, foster parents, or residential care facilities\n- Reporting obligations and timeframes\n- Standards for organisations working with children\n\n**Important limitation:** The text provided contains only the metadata and status information for this regulation — not the actual substantive content. A full analysis of exactly *what* it requires is not possible from this extract alone.\n\n**Who does it affect?**\nPotentially a wide range of people, including:\n- Parents and families involved with the child protection system\n- Foster carers and kinship carers\n- Residential care workers and facilities\n- Government agencies (particularly DCJ — the Department of Communities and Justice)\n- Non-government organisations providing out-of-home care\n- Mandatory reporters (teachers, doctors, police etc.)\n\n**Key things to know:**\n- ⚠️ This regulation has an **automatic expiry date of 1 September 2027** under the *Subordinate Legislation Act 1989* (NSW laws regularly 'sunset' or expire unless renewed, to keep regulations up to date)\n- It was updated on **15 August 2025**, replacing the original 2022 version\n- It is a **NSW-only** law and does not apply in other states or territories"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Regulation replaces the Children and Young Persons (Care and Protection) Regulation 2012 (s 2) and sets out new, detailed procedural and substantive rules governing authorisation of carers, provisional and emergency placements, uniform suitability assessments, behaviour management approvals, medical examination notices and psychotropic drug processes, care plan content, prescribed reporting bodies and transitional savings (eg. ss 17–22, Schedule 2, ss 46–49, Schedules 3–5, s 50). The text therefore expands and re‑specifies the operational scope of carer authorisation, supervision and record/plan requirements compared with the previous Regulation (as indicated by the repeal/replacement note in s 2), while preserving certain prior savings and transitional arrangements (s 50)."},"complexity_factors":["Multiple authorisation pathways (ordinary, provisional, emergency, residential worker, interstate, special care, respite) with distinct rules and time limits (ss 17–28).","Extensive cross‑references to the Act and other statutes for definitions and external checks (eg. WWCCC rules, Children’s Guardian guidance) throughout the Regulation.","Uniform suitability assessment with many required checks, documents and exemptions, and age‑based exceptions for co‑residents (Schedule 2).","Automatic triggers for cancellation and suspension that create rapid operational duties (48‑hour removal obligations, s 37(3), s 40(1)(b)).","Detailed content requirements for care plans and alternative parenting plans that must accompany court proceedings (Schedules 3–4).","Discretion vested in designated agencies and principal officers combined with delegation options and Children’s Guardian oversight (eg. ss 18(5), 20(4), 23(2)).","Reporting and records access timeframes (s 6), and interaction with mandatory reporter classes (ss 7–8) increase procedural complexity.","Inter‑agency and cross‑jurisdictional coordination obligations (Schedule 5 and s 26) requiring exchange of information with Commonwealth and other States’ bodies.","Prescribed prohibited practices (behaviour management) and required agency approvals add substantive constraints on carers’ conduct (ss 46–47)."],"plain_english_summary":"The Regulation replaces the 2012 rules and sets detailed procedures for out‑of‑home care, guardianship and carer authorisation in NSW. It prescribes application and suitability checks (including WWCC, assessments, training), provisional/emergency pathways, duties and automatic suspension/cancellation triggers, limits on behaviour management and rules for psychotropic medication, records access, and required care plans.\n\nIt affects prospective and authorised carers, co‑residents, designated agencies, providers and the Children’s Court — creating compliance costs, supervisory duties and significant agency discretion that shape who can provide care."}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-persons-care-and-protection-regulation-2022","history":"/api/acts/children-and-young-persons-care-and-protection-regulation-2022/history","analysis":"/api/acts/children-and-young-persons-care-and-protection-regulation-2022/analysis","conflicts":"/api/acts/children-and-young-persons-care-and-protection-regulation-2022/conflicts","importantCases":"/api/acts/children-and-young-persons-care-and-protection-regulation-2022/important-cases","documents":"/api/acts/children-and-young-persons-care-and-protection-regulation-2022/documents"}}