{"id":"nsw:sl-2022-0122","name":"Children’s Guardian Regulation 2022","slug":"children-s-guardian-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"122 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176036,"registerId":"nsw-nsw:sl-2022-0122-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’s Guardian Regulation 2022](/view/html/inforce/current/sl-2022-0122).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Subject to subsection (2), this Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> > (2) Part 2 and Schedule 1 commence on 18 July 2022.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The Dictionary in Schedule 8 defines certain terms used in this Regulation.\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> **s 3:** Am 2022 (480), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Residential care workers","content":"#### 4 Residential care workers\n\n4 Residential care workers\n\n> > (1) For the Act, definition of residential care worker, paragraph (b) the following persons are prescribed—\n> > \n> > > (a) a person who provides security services in a residential setting for a residential care provider,\n> > \n> > > (b) a person who spends 60% or more of the time the person works for a residential care provider in a residential setting doing the following—\n> > > \n> > > > (i) developing or implementing case management plans for children in statutory out-of-home care or supported out-of-home care,\n> > > \n> > > > (ii) providing administrative support.\n> \n> > (2) The provisions of this regulation relating to the residential care workers register do not apply to a person who—\n> > \n> > > (a) is authorised or provisionally authorised as an authorised carer under the [Children and Young Persons (Care and Protection) Regulation 2022](/view/html/inforce/current/sl-2022-0479), section 18 or 19, and\n> > \n> > > (b) only provides statutory out-of-home care or supported out-of-home care in a private capacity.\n> \n> **s 4:** Am 2022 (379), Sch 1\\[1\\]; 2024 (486), Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Residential care workers register","content":"# Part 2 Residential care workers register\n\nPart 2 Residential care workers register","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Dealing with information for purposes of keeping register","content":"#### 5 Dealing with information for purposes of keeping register\n\n5 Dealing with information for purposes of keeping register\n\n> For the Act, section 85(1A), the following persons are prescribed—\n> \n> > (a) a residential care provider,\n> \n> > (b) the Children’s Guardian,\n> \n> > (c) the Secretary.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Emergency authorisations not subject to Division 2","content":"#### 6 Emergency authorisations not subject to Division 2\n\n6 Emergency authorisations not subject to Division 2\n\n> > (1) A residential care provider is not required to comply with Division 2 in relation to a residential care worker who provides statutory out-of-home care or supported out-of-home care under an emergency authorisation given under the [Children and Young Persons (Care and Protection) Regulation 2022](/view/html/inforce/current/sl-2022-0479), section 22.\n> \n> > (2) The residential care provider must instead, within 72 hours after giving the emergency authorisation, notify the Children’s Guardian of the authorisation and give the Children’s Guardian the following information—\n> > \n> > > (a) the worker’s full name, any former name and any known aliases,\n> > \n> > > (b) the worker’s date of birth,\n> > \n> > > (c) if the worker holds a working with children check clearance—\n> > > \n> > > > (i) the working with children number for the clearance, and\n> > > \n> > > > (ii) the date on which the clearance ceases to have effect,\n> > \n> > > (d) if the worker has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number.\n> \n> **s 6:** Am 2022 (731), Sch 1\\[1\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Secretary not subject to Division 2 for certain workers","content":"#### 7 Secretary not subject to Division 2 for certain workers\n\n7 Secretary not subject to Division 2 for certain workers\n\n> The Secretary is not required to comply with Division 2 for a caseworker.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Worker checks and recording on register","content":"## Division 2 Worker checks and recording on register\n\nDivision 2 Worker checks and recording on register","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Residential care provider check","content":"#### 8 Residential care provider check\n\n8 Residential care provider check\n\n> A residential care provider that is required to undertake a check of a relevant individual with another residential care provider under this Division must—\n> \n> > (a) request information about the relevant individual from the other residential care provider using the form approved by the Children’s Guardian, and\n> \n> > (b) consider the information received in response to the request.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Residential care provider must conduct certain checks—the Act, s 85(2)(d)","content":"#### 9 Residential care provider must conduct certain checks—the Act, s 85(2)(d)\n\n9 Residential care provider must conduct certain checks—the Act, s 85(2)(d)\n\n> > (1) A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, undertake each of the following—\n> > \n> > > (a) a check to verify the applicant’s relevant details,\n> > \n> > > (b) a nationwide criminal record check for the applicant,\n> > \n> > > (c) a check of the residential care workers register to determine if the applicant is a relevant individual for another residential care provider,\n> > \n> > > (d) if the residential care workers register indicates the applicant is a relevant individual for another residential care provider—a check of the relevant individual with the other residential care provider.\n> \n> > (2) A residential care provider is not required to undertake—\n> > \n> > > (a) a check of a relevant individual with another residential care provider if—\n> > > \n> > > > (i) the provider undertook the check with the other provider in the previous 12 months, and\n> > > \n> > > > (ii) the result was satisfactory, or\n> > \n> > > (b) a nationwide criminal record check if—\n> > > \n> > > > (i) the check has been undertaken by the residential care provider in the previous 12 months, and\n> > > \n> > > > (ii) the result was satisfactory.\n> \n> > (3) A residential care provider is not required to undertake a check required by subsection (1) if—\n> > \n> > > (a) the provider is satisfied that the applicant is not suitable to be a residential care worker, or\n> > \n> > > (b) the applicant withdraws the application.\n> \n> **s 9:** Am 2022 (379), Sch 1\\[2\\]; 2022 (480), Sch 1\\[2\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Information to be recorded on register—the Act, s 85(2)(a)","content":"#### 10 Information to be recorded on register—the Act, s 85(2)(a)\n\n10 Information to be recorded on register—the Act, s 85(2)(a)\n\n> > (1) A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, record the following information about the applicant on the residential care workers register—\n> > \n> > > (a) the applicant’s full name, any former name and any known aliases,\n> > \n> > > (b) the applicant’s date of birth,\n> > \n> > > (c) if the applicant holds a working with children check clearance—\n> > > \n> > > > (i) the working with children number for the clearance, and\n> > > \n> > > > (ii) the date on which the clearance ceases to have effect,\n> > \n> > > (d) if the applicant has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number,\n> > \n> > > (e) for a check under section 9(1)(b) or (d)—\n> > > \n> > > > (i) the date the check was completed, and\n> > > \n> > > > (ii) the outcome of the check,\n> > \n> > > (f) whether the applicant was referred to the provider by a labour hire agency.\n> \n> > (2) As soon as practicable after making a decision about whether or not to engage an applicant as a residential care worker, the residential care provider must record the following information on the residential care workers register—\n> > \n> > > (a) the decision,\n> > \n> > > (b) if the decision is to not offer the applicant the position—the date the decision was made.\n> \n> > (3) A residential care provider must, as soon as practicable after engaging an applicant as a residential care worker, record on the residential care workers register the date the applicant commences work as a residential care worker.\n> \n> > (4) A residential care provider may, with a person’s consent, record the following information on the residential care workers register—\n> > \n> > > (a) the person’s gender,\n> > \n> > > (b) whether the person identifies as an Aboriginal person or a Torres Strait Islander person.\n> \n> **s 10:** Am 2022 (379), Sch 1\\[3\\]; 2022 (480), Sch 1\\[2\\]–\\[5\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Residential care worker recommencing work within 12 months","content":"#### 11 Residential care worker recommencing work within 12 months\n\n11 Residential care worker recommencing work within 12 months\n\n> > (1) This section applies to a person if—\n> > \n> > > (a) a residential care provider intends to engage the person as a residential care worker, and\n> > \n> > > (b) the person was engaged as a residential care worker by the residential care provider within the previous 12 months.\n> \n> > (2) Before offering to engage the person, the residential care provider—\n> > \n> > > (a) must undertake a check to verify the person’s relevant details, and\n> > \n> > > (b) must check the residential care workers register to see if the person is a relevant individual for another residential care provider, and\n> > \n> > > (c) if the register indicates the person is a relevant individual for another residential care provider—must undertake a residential care provider check under section 8, and\n> > \n> > > (d) may undertake a nationwide criminal record check.\n> \n> > (3) The residential care provider must, as soon as practicable after engaging the person, record the following information on the residential care workers register—\n> > \n> > > (a) the type and date of each check undertaken under this section,\n> > \n> > > (b) the date the person recommenced work as a residential care worker with the provider.\n> \n> **s 11:** Subst 2022 (480), Sch 1\\[6\\]. Am 2024 (486), Sch 1\\[2\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)","content":"#### 12 Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)\n\n12 Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)\n\n> > (1) This section applies to a residential care worker engaged by a residential care provider.\n> \n> > (2) The residential care provider must make a recording on the residential care workers register within 7 business days after becoming aware of a reportable allegation having been made about the residential care worker.\n> \n> > (3) The recording must specify—\n> > \n> > > (a) that the allegation was made, and\n> > \n> > > (b) the date the provider became aware of the allegation.\n> \n> > (4) The residential care provider must make a recording on the residential care workers register within 14 business days after—\n> > \n> > > (a) completing an investigation into a reportable allegation about the residential care worker, or\n> > \n> > > (b) becoming aware of the completion of an investigation into a reportable allegation about the residential care worker.\n> \n> > (5) The recording must specify—\n> > \n> > > (a) the outcome of the investigation, and\n> > \n> > > (b) the date the investigation was completed.\n> \n> **s 12:** Subst 2022 (480), Sch 1\\[6\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Updating information on register—the Act, s 85(2)(b) and (c)","content":"#### 13 Updating information on register—the Act, s 85(2)(b) and (c)\n\n13 Updating information on register—the Act, s 85(2)(b) and (c)\n\n> > (1) A residential care provider must update information on the residential care workers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.\n> \n> > (2) The residential care provider must, as soon as practicable after updating the register, notify the relevant person that the information has been updated.\n> \n> > (3) A residential care provider must give a relevant person written notice of the reasons for not updating the residential care workers register if—\n> > \n> > > (a) the relevant person makes a written request to the provider to update the information, and\n> > \n> > > (b) the provider decides to not update the register because the information is not incomplete or incorrect.\n> \n> > (4) If a residential care provider is incapable of updating information on the residential care workers register as required by this section, the Children’s Guardian may—\n> > \n> > > (a) update the information on the register on the provider’s behalf, and\n> > \n> > > (b) notify both the person to whom the information relates and the provider that the information on the register was updated.\n> \n> > (5) This section applies in addition to the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133), section 15.\n> \n> > (6) In this section—\n> > \n> > relevant person, for a residential care provider, means a person whose information the residential care provider is required to have access to under the Act, section 86(2).\n> \n> **s 13:** Subst 2022 (480), Sch 1\\[6\\].","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)","content":"#### 14 Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)\n\n14 Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)\n\n> > (1) A residential care provider must, within 14 business days after a person ceases to work as a residential care worker with the provider, update the residential care workers register—\n> > \n> > > (a) to record the date the person ceased work, and\n> > \n> > > (b) if the provider has relevant information to disclose about the person—to indicate the provider has relevant information to disclose.\n> \n> > (2) A residential care provider must, as soon as practicable after becoming aware of relevant information about a person currently engaged by the provider as a residential care worker, update the register to indicate the provider has relevant information to disclose.\n> \n> **s 14:** Am 2022 (480), Sch 1\\[2\\]; 2024 (486), Sch 1\\[3\\] (am 2024 No 82, Sch 2.1).","sortOrder":17},{"sectionNumber":"14A","sectionType":"section","heading":"Advanced stage in a recruitment process","content":"#### 14A Advanced stage in a recruitment process\n\n14A Advanced stage in a recruitment process\n\n> For the Act, section 85(3), definition of advanced stage, the stage in a recruitment process at which the residential care provider decides to conduct a referee check of the applicant is prescribed.\n> \n> **s 14A:** Ins 2022 (379), Sch 1\\[4\\].","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Carers register—the Act, s 85(2)","content":"# Part 3 Carers register—the Act, s 85(2)\n\nPart 3 Carers register—the Act, s 85(2)\n\n**pt 3:** Subst 2022 (480), Sch 1\\[7\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Information to be recorded on carers register","content":"#### 15 Information to be recorded on carers register\n\n15 Information to be recorded on carers register\n\n> Schedule 2 sets out the information a designated agency must record on the carers register.\n> \n> **s 15:** Subst 2022 (480), Sch 1\\[7\\].","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Information on carers register must be accurate","content":"#### 16 Information on carers register must be accurate\n\n16 Information on carers register must be accurate\n\n> > (1) A designated agency must update information on the carers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.\n> \n> > (2) The designated agency must, as soon as practicable after updating the register, notify the relevant person that the information has been updated.\n> \n> > (3) A designated agency must give a relevant person written notice of the reasons for not updating the carers register if—\n> > \n> > > (a) the relevant person makes a written request to the agency to update the information, and\n> > \n> > > (b) the agency decides to not update the register because the information is not incorrect or incomplete.\n> \n> > (4) If a designated agency is incapable of updating information on the register as required by this section, the Children’s Guardian may—\n> > \n> > > (a) update the information on the register on the agency’s behalf, and\n> > \n> > > (b) notify both the person to whom the information relates and the agency that the information was updated.\n> \n> > (5) This section applies in addition to the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133), section 15.\n> \n> > (6) In this section—\n> > \n> > relevant person, for a designated agency, means the following—\n> > \n> > > (a) a carer (a relevant authorised carer) authorised by the designated agency to provide statutory out-of-home care or supported out-of-home care in a private capacity,\n> > \n> > > (b) a person who was formerly a relevant authorised carer,\n> > \n> > > (c) a person who has applied to be a relevant authorised carer,\n> > \n> > > (d) a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as a relevant authorised carer.\n> \n> **s 16:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"General access to carers register","content":"#### 17 General access to carers register\n\n17 General access to carers register\n\n> The Children’s Guardian may give access to information held on the carers register to the following—\n> \n> > (a) a designated agency, but only to the extent the information relates to a relevant person for the designated agency within the meaning of section 16,\n> \n> > (b) an accredited adoption service provider, but only to the extent the information relates to—\n> > \n> > > (i) a person whose suitability to be an adoptive parent is being, or has been, assessed by the accredited adoption service provider, or\n> > \n> > > (ii) a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as a person referred to in subparagraph (i),\n> \n> > (c) the parent of a child whose information is recorded on the register, but only to the extent the information relates to the child.\n> \n> **s 17:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Access to information about original decision or record","content":"#### 18 Access to information about original decision or record\n\n18 Access to information about original decision or record\n\n> > (1) The Children’s Guardian must ensure information held by the Children’s Guardian about a decision (the original decision) is not made available to a person if—\n> > \n> > > (a) the original decision was—\n> > > \n> > > > (i) to refuse to grant an authorisation as an authorised carer, or\n> > > \n> > > > (ii) to cancel an authorisation as an authorised carer, or\n> > > \n> > > > (iii) to suspend an authorisation as an authorised carer, and\n> > \n> > > (b) the original decision has been overturned by—\n> > > \n> > > > (i) a designated agency, or\n> > > \n> > > > (ii) a court, or\n> > > \n> > > > (iii) a tribunal.\n> \n> > (2) The Children’s Guardian must ensure a historical version of a record held by the Children’s Guardian is not made available to a person if the record has been subsequently changed by a designated agency and is a record of—\n> > \n> > > (a) the agency’s refusal to grant an authorisation as an authorised carer based on an agency specific policy about carer eligibility or suitability, or\n> > \n> > > (b) the agency’s concerns about the suitability of a person to care for, or reside on the same property as, a child following—\n> > > \n> > > > (i) the person withdrawing an application for an authorisation as an authorised carer, or\n> > > \n> > > > (ii) the person surrendering an authorisation as an authorised carer, or\n> > > \n> > > > (iii) cancellation of the person’s authorisation as an authorised carer, or\n> > \n> > > (c) concerns the agency had arising from an investigation into a reportable allegation.\n> \n> > (3) The Children’s Guardian may make an original decision or a historical version of a record available to the following—\n> > \n> > > (a) a designated agency if the designated agency made the original decision or historical version of the record,\n> > \n> > > (b) the Children’s Guardian,\n> > \n> > > (c) the Minister,\n> > \n> > > (d) the Ombudsman,\n> > \n> > > (e) the Secretary.\n> \n> **s 18:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Out-of-home care","content":"# Part 4 Out-of-home care\n\nPart 4 Out-of-home care\n\n**pt 4:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Application for accreditation—the Act, Sch 3A, s 4(2)(c)","content":"#### 19 Application for accreditation—the Act, Sch 3A, s 4(2)(c)\n\n19 Application for accreditation—the Act, Sch 3A, s 4(2)(c)\n\n> > (1) An application for accreditation as a designated agency must include a policy (a behaviour support policy) that—\n> > \n> > > (a) sets out behaviour support practices, including the giving of support and counselling, to be applied by authorised carers in the care, management and discipline of children under the supervisory responsibility of the applicant, and\n> > \n> > > (b) describes procedures for the use of physical restraint, including consent processes and reporting on the use of restraint, and\n> > \n> > > (c) recognises that the following are prohibited—\n> > > \n> > > > (i) physical coercion or physical punishment,\n> > > \n> > > > (ii) punishment in the form of immobilisation,\n> > > \n> > > > (iii) force-feeding or the deprivation of food,\n> > > \n> > > > (iv) punishment intended to humiliate or frighten a child.\n> \n> > (2) An application for accreditation as a designated agency must also include—\n> > \n> > > (a) a psychotropic drugs policy that sets out the steps the applicant will take on becoming aware that a psychotropic drug has been prescribed to a child in statutory out-of-home care, and\n> > \n> > > (b) a statement setting out the applicant’s views on the administration of psychotropic drugs to children.\n> \n> > (3) In this section—\n> > \n> > psychotropic drug means medication—\n> > \n> > > (a) issued under a prescription of a medical practitioner, and\n> > \n> > > (b) that can affect cognition, perception, thinking, mood, behaviour or level of arousal by acting on the central nervous system.\n> \n> **s 19:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Notice of decision to grant or refuse accreditation—the Act, Sch 3A, s 6(5)","content":"#### 20 Notice of decision to grant or refuse accreditation—the Act, Sch 3A, s 6(5)\n\n20 Notice of decision to grant or refuse accreditation—the Act, Sch 3A, s 6(5)\n\n> Written notice of a decision to grant or refuse accreditation as a designated agency must include the following—\n> \n> > (a) the reasons for the decision,\n> \n> > (b) the date the decision takes effect,\n> \n> > (c) conditions imposed on the accreditation by the Children’s Guardian,\n> \n> > (d) if accreditation is granted on the basis the applicant substantially satisfies the accreditation criteria—\n> > \n> > > (i) the criteria not satisfied, and\n> > \n> > > (ii) the reasons the criteria were not considered to be satisfied, and\n> > \n> > > (iii) that the criteria must be satisfied within 12 months after the accreditation is granted,\n> \n> > (e) how the applicant may apply for a review of the decision.\n> \n> **s 20:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Extension of period of accreditation—the Act, Sch 3A, s 11(4)","content":"#### 21 Extension of period of accreditation—the Act, Sch 3A, s 11(4)\n\n21 Extension of period of accreditation—the Act, Sch 3A, s 11(4)\n\n> > (1) The Children’s Guardian may extend the period of accreditation of a designated agency if satisfied—\n> > \n> > > (a) proposed legislative or other changes to the administration of out-of-home care, including to accreditation criteria, make the extension appropriate, or\n> > \n> > > (b) events beyond the control of the agency, including a natural disaster or a public health emergency, make it unreasonable to require the agency to renew the accreditation.\n> \n> > (2) The extension—\n> > \n> > > (a) must be given by written notice, and\n> > \n> > > (b) is for the period set out in the notice.\n> \n> **s 21:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Conditions of accreditation","content":"#### 22 Conditions of accreditation\n\n22 Conditions of accreditation\n\n> For the Act, Schedule 3A, section 12(1)(a), the conditions in Schedule 3 are prescribed.\n> \n> **s 22:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Transfers to which Division applies","content":"#### 23 Transfers to which Division applies\n\n23 Transfers to which Division applies\n\n> This Division applies to a transfer of accreditation under the Act, Schedule 3A, section 16 from a former agency to a new agency.\n> \n> **s 23:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Information to be provided","content":"#### 24 Information to be provided\n\n24 Information to be provided\n\n> > (1) The Children’s Guardian may, by written notice, require a former agency or new agency to provide information to the Children’s Guardian if the Children’s Guardian—\n> > \n> > > (a) is deciding whether to transfer accreditation, and\n> > \n> > > (b) reasonably requires the information to make the decision.\n> \n> > (2) The information must be provided in the way, and by the date, specified in the notice.\n> \n> **s 24:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Matters to be considered","content":"#### 25 Matters to be considered\n\n25 Matters to be considered\n\n> > (1) The Children’s Guardian must consider the following when deciding whether to transfer accreditation—\n> > \n> > > (a) whether suitable arrangements have been made to ensure continuity of care for children in out-of-home care provided by or arranged by the former agency,\n> > \n> > > (b) whether the transfer will prejudice legal proceedings or proposed legal proceedings to which the former agency is, or is likely to become, a party.\n> \n> > (2) The Children’s Guardian must refuse to transfer accreditation if the Children’s Guardian is of the opinion the transfer will not promote the best interests of children in out-of-home care.\n> \n> > (3) The Children’s Guardian may refuse to transfer accreditation if the former agency has failed to comply with a condition of accreditation.\n> \n> > (4) The Children’s Guardian must consult the Department before deciding whether to transfer accreditation.\n> \n> **s 25:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Notice of transfer","content":"#### 26 Notice of transfer\n\n26 Notice of transfer\n\n> > (1) The Children’s Guardian must give the former agency and the new agency written notice of the Children’s Guardian’s decision about the transfer of accreditation.\n> \n> > (2) The notice must set out the following—\n> > \n> > > (a) the decision,\n> > \n> > > (b) the reasons for the decision,\n> > \n> > > (c) if the transfer is approved—\n> > > \n> > > > (i) the date the transfer takes effect, and\n> > > \n> > > > (ii) the conditions applying to the transfer.\n> \n> **s 26:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Effect of transfer","content":"#### 27 Effect of transfer\n\n27 Effect of transfer\n\n> > (1) On the transfer taking effect—\n> > \n> > > (a) the former agency ceases to be accredited as a designated agency, and\n> > \n> > > (b) the new agency is accredited as a designated agency, and\n> > \n> > > (c) the new agency is accredited for the remainder of the period of the transferred accreditation, and\n> > \n> > > (d) a condition of the accreditation imposed by the Children’s Guardian and in force immediately before the transfer continues to apply unless varied or revoked by the Children’s Guardian, and\n> > \n> > > (e) the new agency is taken to have adopted the former agency’s policies, procedures and practice about the provision of out-of-home care, as in force immediately before the transfer, and\n> > \n> > > (f) an authorised carer, authorised by the former agency, whose authorisation was in force immediately before the transfer is taken to be authorised by the new agency.\n> \n> > (2) Anything concerning the provision of out-of-home care done by the former agency is taken to have been done by the new agency.\n> \n> **s 27:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Disclosure of information","content":"#### 28 Disclosure of information\n\n28 Disclosure of information\n\n> Unless prohibited under an Act, the Children’s Guardian may disclose to a new agency information in the possession of the Children’s Guardian regarding the former agency.\n> \n> **s 28:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":38},{"sectionNumber":"Division 3","sectionType":"division","heading":"Miscellaneous—the Act, s 184(1)","content":"## Division 3 Miscellaneous—the Act, s 184(1)\n\nDivision 3 Miscellaneous—the Act, s 184(1)\n\n**pt 4, div 3:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Designated agency ceasing to provide or arrange out-of-home care","content":"#### 29 Designated agency ceasing to provide or arrange out-of-home care\n\n29 Designated agency ceasing to provide or arrange out-of-home care\n\n> > (1) A designated agency must give the Children’s Guardian written notice if the agency ceases to—\n> > \n> > > (a) provide out-of-home care, or\n> > \n> > > (b) arrange out-of-home care.\n> \n> > (2) The notice must be given within 10 business days after the agency ceases to provide or arrange out-of-home care.\n> \n> **s 29:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Information about designated agencies to be publicly available","content":"#### 30 Information about designated agencies to be publicly available\n\n30 Information about designated agencies to be publicly available\n\n> > (1) The Children’s Guardian must ensure the following information about a designated agency is made publicly available on the Office of the Children’s Guardian’s website—\n> > \n> > > (a) the agency’s corporate and business names and ABN,\n> > \n> > > (b) whether the agency is provisionally accredited or fully accredited,\n> > \n> > > (c) the conditions imposed on the agency’s accreditation by the Children’s Guardian,\n> > \n> > > (d) the street and postal addresses of the agency’s principal office,\n> > \n> > > (e) the agency’s general telephone number and email address,\n> > \n> > > (f) the full name of the agency’s principal officer.\n> \n> > (2) The information—\n> > \n> > > (a) must be made available as soon as practicable after the agency is accredited, and\n> > \n> > > (b) must be kept up to date.\n> \n> **s 30:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":41},{"sectionNumber":"30A","sectionType":"section","heading":"Code of practice for designated agencies","content":"#### 30A Code of practice for designated agencies\n\n30A Code of practice for designated agencies\n\n> For the Act, section 8DA(1), the code of practice in Schedule 3A is prescribed for designated agencies.\n> \n> **s 30A:** Ins 2024 (486), Sch 1\\[4\\].","sortOrder":42},{"sectionNumber":"Part 5","sectionType":"part","heading":"Regulation of specialised substitute residential care—the Act, s 8ZD","content":"# Part 5 Regulation of specialised substitute residential care—the Act, s 8ZD\n\nPart 5 Regulation of specialised substitute residential care—the Act, s 8ZD\n\n**pt 5:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":43},{"sectionNumber":"31","sectionType":"section","heading":"Child in specialised substitute residential care","content":"#### 31 Child in specialised substitute residential care\n\n31 Child in specialised substitute residential care\n\n> > (1) A designated agency must give written notice to the Children’s Guardian if the designated agency—\n> > \n> > > (a) provides or supervises specialised substitute residential care for a child, and\n> > \n> > > (b) becomes aware the child has been—\n> > > \n> > > > (i) in unsupervised care for more than a total of 90 days in a period of 12 months, or\n> > > \n> > > > (ii) in specialised substitute residential care, whether provided by the agency or another organisation, for more than a total of 180 days in a period of 12 months.\n> \n> > (2) The notice must be given as soon as practicable.\n> \n> > (3) In this section—\n> > \n> > unsupervised care means specialised substitute residential care that is not provided or supervised by a designated agency.\n> \n> **s 31:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":45},{"sectionNumber":"32","sectionType":"section","heading":"Case plans","content":"#### 32 Case plans\n\n32 Case plans\n\n> A designated agency that prepares or reviews a case plan for a child in specialised substitute residential care must—\n> \n> > (a) within 5 business days after preparing or reviewing the plan, give the Children’s Guardian written notice of—\n> > \n> > > (i) the preparation or review of the plan, and\n> > \n> > > (ii) the date on which the preparation or review of the plan was completed, and\n> \n> > (b) if the plan does not meet the child’s needs—notify the Children’s Guardian as soon as practicable after becoming aware the plan does not meet the child’s needs, and\n> \n> > (c) keep the plan or review until the child is 18 years of age.\n> > \n> > Note—\n> > \n> > See the [State Records Act 1998](/view/html/inforce/current/act-1998-017) in relation to other record keeping obligations.\n> \n> **s 32:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":46},{"sectionNumber":"33","sectionType":"section","heading":"Record of entities that may provide or supervise specialised substitute residential care","content":"#### 33 Record of entities that may provide or supervise specialised substitute residential care\n\n33 Record of entities that may provide or supervise specialised substitute residential care\n\n> > (1) The Children’s Guardian may keep a record of the following—\n> > \n> > > (a) the names of entities providing or supervising specialised substitute residential care,\n> > \n> > > (b) the information about an entity providing or supervising specialised substitute residential care the Children’s Guardian considers appropriate for inclusion in the record.\n> \n> > (2) The record may be published on the Office of the Children’s Guardian’s website.\n> \n> **s 33:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":47},{"sectionNumber":"34","sectionType":"section","heading":"Restricted access to register","content":"#### 34 Restricted access to register\n\n34 Restricted access to register\n\n> The specialised substitute residential care register must only be made available to the following—\n> \n> > (a) a designated agency providing, or supervising, specialised substitute residential care for a child,\n> \n> > (b) an entity providing specialised substitute residential care for a child, if—\n> > \n> > > (i) the entity was immediately before 1 September 2022 a registered agency under the [Children and Young Persons (Care and Protection) Regulation 2012](/view/html/repealed/current/sl-2012-0425), or\n> > \n> > > (ii) the entity has completed a self-assessment under Schedule 4, section 6,\n> \n> > (c) the Minister,\n> \n> > (d) a person who is employed by or in the Department,\n> \n> > (e) the Ombudsman,\n> \n> > (f) the Privacy Commissioner,\n> \n> > (g) an Official Community Visitor,\n> \n> > (h) the Commissioner of Police or another police officer holding the rank of inspector or above in the NSW Police Force, but only for the purpose of the investigation of a missing person or a possible criminal offence,\n> \n> > (i) the State Coroner or a Deputy State Coroner, but only in connection with a death or suspected death the Coroner or Deputy Coroner is investigating.\n> \n> **s 34:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Entity providing specialised substitute residential care","content":"#### 35 Entity providing specialised substitute residential care\n\n35 Entity providing specialised substitute residential care\n\n> > (1) An entity must, within 5 business days after a child commences specialised substitute residential care with the entity, enter on the specialised substitute residential care register—\n> > \n> > > (a) the following information about the child, unless the information is already on the register—\n> > > \n> > > > (i) the child’s full name and other names the child is or has been known by,\n> > > \n> > > > (ii) the child’s gender,\n> > > \n> > > > (iii) the child’s date and place of birth,\n> > > \n> > > > (iv) whether the child is an Aboriginal person or a Torres Strait Islander person,\n> > > \n> > > > (v) whether the child has a significant disability, and\n> > \n> > > (b) the name of the entity, and\n> > \n> > > (c) the date the specialised substitute residential care commenced, and\n> > \n> > > (d) if a case plan has been prepared for the child—the date the plan was prepared and each review date for the plan.\n> \n> > (2) The entity must, within 5 business days after the child finishes the specialised substitute residential care with the entity, enter on the specialised substitute residential care register the date the specialised substitute residential care ceased to be provided by the entity.\n> \n> > (3) If the entity does not have access to the specialised substitute residential care register under section 34(b), the reference in subsection (1) to 5 business days after a child commences specialised substitute residential care with the entity is taken to be a reference to the later of the following—\n> > \n> > > (a) 5 business days after a child commences specialised substitute residential care with the entity,\n> > \n> > > (b) 5 business days after the entity has access to the specialised substitute residential care register.\n> \n> > (4) In this section—\n> > \n> > significant disability means a disability that—\n> > \n> > > (a) is attributable to 1 or more intellectual, psychiatric, sensory or physical impairments, and\n> > \n> > > (b) is permanent or likely to be permanent, and\n> > \n> > > (c) results in—\n> > > \n> > > > (i) significantly reduced capacity in 1 or more major life activities, including communication, learning, mobility, decision-making or self-care, and\n> > > \n> > > > (ii) the need for support, whether or not of an ongoing nature.\n> \n> **s 35:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Designated agency supervising specialised substitute residential care","content":"#### 36 Designated agency supervising specialised substitute residential care\n\n36 Designated agency supervising specialised substitute residential care\n\n> A designated agency must, within 5 business days after a child commences specialised substitute residential care supervised by the designated agency, enter on the specialised substitute residential care register—\n> \n> > (a) the child’s full name and other names the child is or has been known by, and\n> \n> > (b) the name of the entity providing the specialised substitute residential care, and\n> \n> > (c) the designated agency’s name, and\n> \n> > (d) the date the supervision commenced.\n> \n> **s 36:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Children and parents may request details on register","content":"#### 37 Children and parents may request details on register\n\n37 Children and parents may request details on register\n\n> > (1) A person may apply to the Children’s Guardian for a copy of the information recorded on the specialised substitute residential care register about the person.\n> \n> > (2) If the person is a child, the application may be made by a parent of the child.\n> \n> > (3) The Children’s Guardian must give the information to the applicant as soon as practicable after the application is made.\n> \n> **s 37:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":"Children and parents may request correction of register","content":"#### 38 Children and parents may request correction of register\n\n38 Children and parents may request correction of register\n\n> > (1) A person may apply to the Children’s Guardian to update the specialised substitute residential care register to correct information about the person that is incorrect or incomplete.\n> \n> > (2) If the person is a child, the application may be made by a parent of the child.\n> \n> > (3) The Children’s Guardian must update the register if the Children’s Guardian is satisfied the information is incorrect or incomplete.\n> \n> > (4) The Children’s Guardian must give the applicant written notice of the reasons for not updating the register if the Children’s Guardian decides the information is not incorrect or incomplete.\n> \n> **s 38:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":53},{"sectionNumber":"39","sectionType":"section","heading":"Code of practice","content":"#### 39 Code of practice\n\n39 Code of practice\n\n> For the Act, section 8DA(1), the code of practice in Schedule 4 is prescribed for entities providing specialised substitute residential care.\n> \n> **s 39:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":55},{"sectionNumber":"40","sectionType":"section","heading":"Supervision meetings","content":"#### 40 Supervision meetings\n\n40 Supervision meetings\n\n> A designated agency supervising the provision of specialised substitute residential care by an entity must arrange supervision meetings with the entity at least once in each calendar month.\n> \n> **s 40:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":56},{"sectionNumber":"Part 6","sectionType":"part","heading":"Adoption","content":"# Part 6 Adoption\n\nPart 6 Adoption\n\n**pt 6:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":57},{"sectionNumber":"41","sectionType":"section","heading":"Notice of decision to grant or refuse accreditation—the Act, Sch 3B, s 6(5)","content":"#### 41 Notice of decision to grant or refuse accreditation—the Act, Sch 3B, s 6(5)\n\n41 Notice of decision to grant or refuse accreditation—the Act, Sch 3B, s 6(5)\n\n> Written notice of a decision to grant or refuse accreditation must include the following—\n> \n> > (a) the reasons for the decision,\n> \n> > (b) the date the decision takes effect,\n> \n> > (c) conditions imposed on the accreditation by the Children’s Guardian,\n> \n> > (d) if accreditation is granted on the basis the applicant substantially satisfies the accreditation criteria—\n> > \n> > > (i) the criteria not satisfied, and\n> > \n> > > (ii) the reasons the criteria were not considered to be satisfied, and\n> > \n> > > (iii) that the criteria must be satisfied within 12 months after the accreditation is granted,\n> \n> > (e) how the applicant may apply for a review of the decision.\n> \n> **s 41:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":59},{"sectionNumber":"42","sectionType":"section","heading":"Extension of period of accreditation—the Act, Sch 3B, s 11(4)","content":"#### 42 Extension of period of accreditation—the Act, Sch 3B, s 11(4)\n\n42 Extension of period of accreditation—the Act, Sch 3B, s 11(4)\n\n> > (1) The Children’s Guardian may extend the period of accreditation of an accredited adoption service provider if satisfied—\n> > \n> > > (a) proposed legislative or other changes to the administration of adoption services, including to accreditation criteria, make the extension appropriate, or\n> > \n> > > (b) events beyond the control of the provider, including a natural disaster or a public health emergency, make it unreasonable to require the provider to renew the accreditation.\n> \n> > (2) The extension—\n> > \n> > > (a) must be given by written notice, and\n> > \n> > > (b) is for the period set out in the notice.\n> \n> **s 42:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":60},{"sectionNumber":"43","sectionType":"section","heading":"Conditions of accreditation","content":"#### 43 Conditions of accreditation\n\n43 Conditions of accreditation\n\n> For the Act, Schedule 3B, section 12(1)(a), the conditions in Schedule 5 are prescribed.\n> \n> **s 43:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":61},{"sectionNumber":"44","sectionType":"section","heading":"Transfers to which Division applies","content":"#### 44 Transfers to which Division applies\n\n44 Transfers to which Division applies\n\n> This Division applies to a transfer of accreditation under the Act, Schedule 3B, section 17 from a former organisation to a new organisation.\n> \n> **s 44:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":63},{"sectionNumber":"45","sectionType":"section","heading":"Information to be provided","content":"#### 45 Information to be provided\n\n45 Information to be provided\n\n> > (1) The Children’s Guardian may, by written notice, require a former organisation or new organisation to provide information to the Children’s Guardian if the Children’s Guardian—\n> > \n> > > (a) is deciding whether to transfer accreditation, and\n> > \n> > > (b) reasonably requires the information to make the decision.\n> \n> > (2) The information must be provided in the way, and by the date, specified in the notice.\n> \n> **s 45:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":64},{"sectionNumber":"46","sectionType":"section","heading":"Matters to be considered","content":"#### 46 Matters to be considered\n\n46 Matters to be considered\n\n> > (1) The Children’s Guardian must consider the following when deciding whether to transfer accreditation—\n> > \n> > > (a) whether suitable arrangements have been made to ensure continuity of adoption services provided by the former organisation,\n> > \n> > > (b) whether the transfer will prejudice legal proceedings or proposed legal proceedings to which the former organisation is, or is likely to become, a party.\n> \n> > (2) The Children’s Guardian may refuse to transfer accreditation if the former organisation has failed to comply with a condition of accreditation.\n> \n> > (3) The Children’s Guardian must, before deciding whether to transfer accreditation, consult with—\n> > \n> > > (a) the Department, and\n> > \n> > > (b) if the new organisation will provide intercountry adoption services—the Commonwealth Central Authority within the meaning of the [Family Law (Hague Convention on Intercountry Adoption) Regulations 1998](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 46:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":65},{"sectionNumber":"47","sectionType":"section","heading":"Notice of transfer","content":"#### 47 Notice of transfer\n\n47 Notice of transfer\n\n> > (1) The Children’s Guardian must give the former organisation and the new organisation written notice of the Children’s Guardian’s decision about the transfer of accreditation.\n> \n> > (2) The notice must set out the following—\n> > \n> > > (a) the decision,\n> > \n> > > (b) the reasons for the decision,\n> > \n> > > (c) if the transfer is approved—\n> > > \n> > > > (i) the date the transfer takes effect, and\n> > > \n> > > > (ii) the conditions applying to the transfer.\n> \n> **s 47:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":66},{"sectionNumber":"48","sectionType":"section","heading":"Effect of transfer","content":"#### 48 Effect of transfer\n\n48 Effect of transfer\n\n> > (1) On the transfer taking effect—\n> > \n> > > (a) the former organisation ceases to be accredited as an adoption service provider, and\n> > \n> > > (b) the new organisation is accredited as an adoption service provider, and\n> > \n> > > (c) the new organisation is accredited for the remainder of the period of the transferred accreditation, and\n> > \n> > > (d) a condition of the accreditation imposed by the Children’s Guardian and in force immediately before the transfer continues to apply unless varied or revoked by the Children’s Guardian, and\n> > \n> > > (e) the new organisation is taken to have adopted the former organisation’s policies, procedures and practice about the provision of adoption services, as in force immediately before the transfer.\n> \n> > (2) Anything concerning the provision of adoption services done by the former organisation is taken to have been done by the new organisation.\n> \n> **s 48:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":67},{"sectionNumber":"49","sectionType":"section","heading":"Disclosure of information","content":"#### 49 Disclosure of information\n\n49 Disclosure of information\n\n> Unless prohibited under an Act, the Children’s Guardian may disclose to a new organisation information in the possession of the Children’s Guardian regarding the former organisation.\n> \n> **s 49:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":68},{"sectionNumber":"50","sectionType":"section","heading":"Accredited adoption service provider ceasing to provide adoption services—the Act, s 184(1)","content":"#### 50 Accredited adoption service provider ceasing to provide adoption services—the Act, s 184(1)\n\n50 Accredited adoption service provider ceasing to provide adoption services—the Act, s 184(1)\n\n> > (1) An accredited adoption service provider must give the Children’s Guardian written notice if the provider ceases to provide adoption services.\n> \n> > (2) The notice must be given within 10 business days after the provider ceases to provide adoption services.\n> \n> > (3) As soon as practicable after the provider ceases to provide adoption services, the provider must ensure records kept by the provider under the Act, this Regulation or the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) are given to the Secretary.\n> \n> **s 50:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":70},{"sectionNumber":"51","sectionType":"section","heading":"Information about accredited adoption service providers to be publicly available—the Act, s 184(1)","content":"#### 51 Information about accredited adoption service providers to be publicly available—the Act, s 184(1)\n\n51 Information about accredited adoption service providers to be publicly available—the Act, s 184(1)\n\n> > (1) The Children’s Guardian must ensure the following information about an accredited adoption service provider is made publicly available on the Office of the Children’s Guardian’s website—\n> > \n> > > (a) the provider’s corporate and business names and ABN,\n> > \n> > > (b) whether the provider is provisionally accredited or fully accredited,\n> > \n> > > (c) the adoption services the provider is accredited to provide,\n> > \n> > > (d) the conditions imposed on the provider’s accreditation by the Children’s Guardian,\n> > \n> > > (e) the duration of the provider’s accreditation,\n> > \n> > > (f) the street and postal addresses of the provider’s principal office,\n> > \n> > > (g) the provider’s general telephone number and email address,\n> > \n> > > (h) the full name of the provider’s principal officer.\n> \n> > (2) The information—\n> > \n> > > (a) must be made available as soon as practicable after the provider is accredited, and\n> > \n> > > (b) must be kept up to date.\n> \n> **s 51:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":71},{"sectionNumber":"51A","sectionType":"section","heading":"Code of practice for adoption service providers","content":"#### 51A Code of practice for adoption service providers\n\n51A Code of practice for adoption service providers\n\n> For the Act, section 8DA(1), the code of practice in Schedule 3A is prescribed for adoption service providers.\n> \n> **s 51A:** Ins 2024 (486), Sch 1\\[5\\].","sortOrder":72},{"sectionNumber":"Part 7","sectionType":"part","heading":"Child employment","content":"# Part 7 Child employment\n\nPart 7 Child employment\n\n**pt 7:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":73},{"sectionNumber":"52","sectionType":"section","heading":"Definitions","content":"#### 52 Definitions\n\n52 Definitions\n\n> In this Part—\n> \n> arts student means a person enrolled in a tertiary course in film, television, radio, theatre or photography—\n> \n> > (a) accredited by the Australian Skills Quality Authority, or\n> \n> > (b) at a university.\n> \n> employer’s exemption—\n> \n> > (a) has the same meaning as in the Act, section 94(1)(b), and\n> \n> > (b) to avoid doubt, includes a performer representative exemption.\n> \n> performer representative has the same meaning as in the [Entertainment Industry Act 2013](/view/html/inforce/current/act-2013-073).\n> \n> performer representative exemption means an exemption granted by section 55(1)(a).\n> \n> preparatory activity means activities connected to a child’s employment in an activity for which an employer’s authority is required, including rehearsals, wardrobe fittings, publicity activities and the making of sound recordings.\n> \n> **s 52:** Ins 2022 (480), Sch 1\\[7\\]. Am 2022 (731), Sch 1\\[2\\].","sortOrder":75},{"sectionNumber":"53","sectionType":"section","heading":"Persons taken to employ children—the Act, s 91(a)","content":"#### 53 Persons taken to employ children—the Act, s 91(a)\n\n53 Persons taken to employ children—the Act, s 91(a)\n\n> > (1) Children taking part in an activity regulated by an employer’s authority are taken to be employed by a person responsible for directing the children in the activity if—\n> > \n> > > (a) the person pays, or agrees to pay, another person for at least 1 child taking part in the activity, or\n> > \n> > > (b) the person is an arts student and the activity occurs as a requirement of the person’s studies.\n> \n> > (2) Performer representatives for children are taken to employ the children they represent.\n> \n> > (3) In this section—\n> > \n> > pay includes conferring a material benefit on a person.\n> \n> **s 53:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":76},{"sectionNumber":"54","sectionType":"section","heading":"Meaning of “relevant activity”","content":"#### 54 Meaning of “relevant activity”\n\n54 Meaning of “relevant activity”\n\n> For the Act, section 90(1), definition of relevant activity, paragraph (c), the following activities are prescribed—\n> \n> > (a) a preparatory activity,\n> \n> > (b) a still photographic session,\n> \n> > (c) modelling work,\n> \n> > (d) promotional work,\n> \n> > (e) performance art,\n> \n> > (f) public speaking.\n> \n> **s 54:** Ins 2022 (480), Sch 1\\[7\\]. Am 2025 No 46, Sch 2\\[1\\] \\[2\\].","sortOrder":78},{"sectionNumber":"55","sectionType":"section","heading":"Exemption from requirement to hold employer’s authority","content":"#### 55 Exemption from requirement to hold employer’s authority\n\n55 Exemption from requirement to hold employer’s authority\n\n> > (1) For the Act, section 93(1)(c), the following persons are exempt from the requirement to hold an employer’s authority—\n> > \n> > > (a) a person who only acts as the performer representative of a child,\n> > \n> > > (b) a person who employs a child who is—\n> > > \n> > > > (i) at least 10 years of age, and\n> > > \n> > > > (ii) only employed outside school hours, and\n> > > \n> > > > (iii) employed for no more than 10 hours per week.\n> \n> > (2) For the Act, section 102(4)(b), the Children’s Guardian may revoke an exemption granted by this section.\n> \n> **s 55:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":79},{"sectionNumber":"56","sectionType":"section","heading":"Condition of employer’s authority or exemption—the Act, ss 97(1)(a) and 102(5)","content":"#### 56 Condition of employer’s authority or exemption—the Act, ss 97(1)(a) and 102(5)\n\n56 Condition of employer’s authority or exemption—the Act, ss 97(1)(a) and 102(5)\n\n> It is a condition of an employer’s authority and an employer’s exemption that the employer must give the Children’s Guardian information about the employment of children by the employer that the Children’s Guardian reasonably requires.\n> \n> **s 56:** Ins 2022 (480), Sch 1\\[7\\]. Subst 2022 (731), Sch 1\\[3\\].","sortOrder":80},{"sectionNumber":"57","sectionType":"section","heading":"Fee for employer’s authority—the Act, s 94(2)(b)","content":"#### 57 Fee for employer’s authority—the Act, s 94(2)(b)\n\n57 Fee for employer’s authority—the Act, s 94(2)(b)\n\n> > (1) The prescribed fee for an application for an employer’s authority is—\n> > \n> > > (a) for a still photographic session—\n> > > \n> > > | Duration of authority | Fee |\n> > > | More than 6 months and up to 12 months | $1,075 |\n> > > | More than 3 months and up to 6 months | $914 |\n> > > | More than 1 week and up to 3 months | $806 |\n> > > | 1 week or less | $100 |\n> > \n> > > (b) otherwise—\n> > > \n> > > | Duration of authority | Fee |\n> > > | More than 6 months and up to 12 months | $2,400 |\n> > > | More than 3 months and up to 6 months | $2,040 |\n> > > | More than 1 week and up to 3 months | $1,830 |\n> > > | 1 week or less | $200 |\n> \n> > (2) An arts student is not required to pay a fee for an employer’s authority.\n> \n> **s 57:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":81},{"sectionNumber":"58","sectionType":"section","heading":"Code of Practice","content":"#### 58 Code of Practice\n\n58 Code of Practice\n\n> > (1) For the Act, section 97(1B), the Code of Practice in Schedule 6 is prescribed.\n> \n> > (2) It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must—\n> > \n> > > (a) comply with the Code of Practice, and\n> > \n> > > (b) use the employer’s best endeavours to ensure all adults employed by the employer comply with the Code of Practice.\n> \n> > (3) It is a condition of a performer representative exemption that the performer representative must—\n> > \n> > > (a) comply with the Code of Practice, sections 3–5, and\n> > \n> > > (b) use the performer representative’s best endeavours to ensure all adults employed by the performer representative comply with the Code of Practice, sections 3–5, and\n> > \n> > > (c) not cause or procure a child to be employed if the performer representative knows, or would reasonably be expected to know, the child will be employed in contravention of the Code of Practice, section 26(1), (4) or (6).\n> \n> > (4) It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must ensure a copy of 1 of the following is given to the parent of a child before the child commences employment with the employer—\n> > \n> > > (a) the Code of Practice,\n> > \n> > > (b) a document, approved by the Children’s Guardian, that explains the Code of Practice.\n> \n> **s 58:** Ins 2022 (480), Sch 1\\[7\\]. Am 2022 (731), Sch 1\\[4\\]–\\[6\\].","sortOrder":83},{"sectionNumber":"59","sectionType":"section","heading":"Code of conduct—the Act, s 97(1)(a)","content":"#### 59 Code of conduct—the Act, s 97(1)(a)\n\n59 Code of conduct—the Act, s 97(1)(a)\n\n> > (1A) It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must comply with this section.\n> \n> > (1) The employer must prepare a code of conduct addressing the safety and welfare of children employed by the employer.\n> \n> > (2) The employer’s code of conduct must be prepared in accordance with guidelines approved by the Children’s Guardian.\n> \n> > (3) An employer must provide a copy of the code of conduct to each of the following persons before the person has contact with a child employed by the employer—\n> > \n> > > (a) a person employed by the employer,\n> > \n> > > (b) a parent of each child employed by the employer.\n> \n> **s 59:** Ins 2022 (480), Sch 1\\[7\\]. Am 2022 (731), Sch 1\\[7\\] \\[8\\].","sortOrder":84},{"sectionNumber":"59A","sectionType":"section","heading":"Offence—failure to comply with employer’s exemption condition","content":"#### 59A Offence—failure to comply with employer’s exemption condition\n\n59A Offence—failure to comply with employer’s exemption condition\n\n> An employer must not fail to comply with a condition of an employer’s exemption.\n> \n> Maximum penalty—50 penalty units.\n> \n> Note—\n> \n> Employment of a child in contravention of a condition of an employer’s authority is also an offence—see the Act, section 97(2).\n> \n> **s 59A:** Ins 2022 (731), Sch 1\\[9\\].","sortOrder":85},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous\n\n**pt 8:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":86},{"sectionNumber":"60","sectionType":"section","heading":"Head of relevant entity","content":"#### 60 Head of relevant entity\n\n60 Head of relevant entity\n\n> For the Act, section 17(1)(b), the following persons are prescribed as the head of a relevant entity—\n> \n> > (a) for an adult who, under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 10, is required to hold a working with children check clearance because the adult resides on the same property as an authorised carer for 3 weeks or more—the head of the relevant entity that authorised the authorised carer with whom the adult resides,\n> \n> > (b) for the Cancer Institute (NSW) constituted by the [Cancer Institute (NSW) Act 2003](/view/html/inforce/current/act-2003-014)—the Secretary of the Ministry of Health,\n> \n> > (c) for the NSW Health Service, as referred to in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), section 115—the Secretary of the Ministry of Health.\n> \n> **s 60:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":87},{"sectionNumber":"61","sectionType":"section","heading":"Subdelegation of functions","content":"#### 61 Subdelegation of functions\n\n61 Subdelegation of functions\n\n> For the Act, section 133(3)(b), the head of a government sector agency, within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 3(1), is prescribed.\n> \n> **s 61:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":88},{"sectionNumber":"62","sectionType":"section","heading":"Disclosure of information about reportable allegation or reportable conviction","content":"#### 62 Disclosure of information about reportable allegation or reportable conviction\n\n62 Disclosure of information about reportable allegation or reportable conviction\n\n> For the Act, section 57(4)(b)(viii), a person, other than the Minister or the Secretary, is prescribed if the person had parental responsibility for a child immediately before—\n> \n> > (a) the child was placed in out-of-home care, or\n> \n> > (b) the Children’s Court made an order allocating parental responsibility for the child.\n> \n> **s 62:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":89},{"sectionNumber":"63","sectionType":"section","heading":"Direction to give information to Children’s Guardian—the Act, s 180(7)","content":"#### 63 Direction to give information to Children’s Guardian—the Act, s 180(7)\n\n63 Direction to give information to Children’s Guardian—the Act, s 180(7)\n\n> Information directed to be given to the Children’s Guardian under the Act, section 180(1)(b) must be written and in the form specified by the Children’s Guardian.\n> \n> **s 63:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":90},{"sectionNumber":"64","sectionType":"section","heading":"Restriction on inspection of documents—the Act, s 114(1)","content":"#### 64 Restriction on inspection of documents—the Act, s 114(1)\n\n64 Restriction on inspection of documents—the Act, s 114(1)\n\n> Records made in connection with the administration or execution of the Act, Part 7 are open to inspection by, and may be made available to, the following—\n> \n> > (a) officers of the Children’s Court,\n> \n> > (b) the Secretary,\n> \n> > (c) the principal officer of an accredited adoption service provider, for proceedings involving the service provider,\n> \n> > (d) if the records are for the exercise of the Children’s Guardian’s functions under the Act, Part 7 or under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051)—the Children’s Guardian.\n> \n> **s 64:** Ins 2022 (480), Sch 1\\[7\\].","sortOrder":91},{"sectionNumber":"65","sectionType":"section","heading":"Procedure and criteria for exempting conduct from notification","content":"#### 65 Procedure and criteria for exempting conduct from notification\n\n65 Procedure and criteria for exempting conduct from notification\n\n> > (1) For the Act, section 30(2)(a), the Children’s Guardian must consult on the proposed exemption with persons or other bodies that, in the Children’s Guardian’s opinion, are relevant, including the following—\n> > \n> > > (a) the relevant entity intended to be subject to the exemption,\n> > \n> > > (b) if applicable—the relevant regulator or the representative body of the relevant entity.\n> \n> > (2) For the Act, section 30(2)(b), the prescribed criteria a relevant entity must satisfy for a class or kind of conduct of its employees to be exempt is that—\n> > \n> > > (a) the relevant entity has—\n> > > \n> > > > (i) systems and practices that comply with the Act, section 54(2) for identifying and responding to reportable allegations and convictions, and\n> > > \n> > > > (ii) a consistent record of identifying and responding to reportable allegations and convictions in accordance with the Act, or\n> > \n> > > (b) the relevant entity must be required to report the class or kind of conduct of its employees to a relevant regulator, or\n> > \n> > > (c) the relevant entity must be a member of a representative body that provides advice, guidance and support on matters under the reportable conduct scheme.\n> \n> > (3) In this section—\n> > \n> > relevant regulator means a body, other than the Children’s Guardian, that, under a State, Territory or Commonwealth law—\n> > \n> > > (a) the relevant entity must notify in relation to reports about the class or kind of conduct proposed to be exempted, and\n> > \n> > > (b) must respond, or oversee the relevant entity’s response, to the class or kind of conduct proposed to be exempted.\n> > \n> > representative body means a body that—\n> > \n> > > (a) is an organisation of which the relevant entity is a member, and\n> > \n> > > (b) provides advice, support and guidance to the relevant entity on matters under the reportable conduct scheme.\n> \n> **s 65:** Ins 2024 (486), Sch 1\\[6\\].","sortOrder":92},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n**sch 1:** Am 2022 (480), Sch 1\\[8\\]–\\[16\\].","sortOrder":93},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Information to be recorded on carers register","content":"# Schedule 2 Information to be recorded on carers register\n\nSchedule 2 Information to be recorded on carers register\n\nsection 15\n\n**sch 2 (as originally made):** Am 2022 (379), Sch 1\\[5\\]; 2022 (480), Sch 1\\[17\\] \\[18\\]. Renumbered as Sch 8, 2022 (480), Sch 1\\[19\\].\n\n**sch 2:** Ins 2022 (480), Sch 1\\[20\\].","sortOrder":103},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Conditions of accreditation—designated agencies","content":"# Schedule 3 Conditions of accreditation—designated agencies\n\nSchedule 3 Conditions of accreditation—designated agencies\n\nsection 22\n\n**sch 3:** Ins 2022 (480), Sch 1\\[20\\].","sortOrder":109},{"sectionNumber":"Schedule 3A","sectionType":"schedule","heading":"Code of practice for designated agencies and adoption service providers","content":"# Schedule 3A Code of practice for designated agencies and adoption service providers\n\nSchedule 3A Code of practice for designated agencies and adoption service providers\n\nsections 30A and 51A\n\n**sch 3A:** Ins 2024 (486), Sch 1\\[7\\].","sortOrder":124},{"sectionNumber":"Division 4","sectionType":"division","heading":"Practice requirement 3—participation of family and community","content":"## Division 4 Practice requirement 3—participation of family and community\n\nDivision 4 Practice requirement 3—participation of family and community","sortOrder":153},{"sectionNumber":"Division 5","sectionType":"division","heading":"Practice requirement 4—meeting individual needs of children","content":"## Division 5 Practice requirement 4—meeting individual needs of children\n\nDivision 5 Practice requirement 4—meeting individual needs of children","sortOrder":155},{"sectionNumber":"Division 6","sectionType":"division","heading":"Practice requirement 5—persons who work with and care for children are suitable and supported","content":"## Division 6 Practice requirement 5—persons who work with and care for children are suitable and supported\n\nDivision 6 Practice requirement 5—persons who work with and care for children are suitable and supported","sortOrder":162},{"sectionNumber":"Division 7","sectionType":"division","heading":"Practice requirement 6—child protection and child safety","content":"## Division 7 Practice requirement 6—child protection and child safety\n\nDivision 7 Practice requirement 6—child protection and child safety","sortOrder":165},{"sectionNumber":"Division 8","sectionType":"division","heading":"Practice requirement 7—providing safe and suitable care environments","content":"## Division 8 Practice requirement 7—providing safe and suitable care environments\n\nDivision 8 Practice requirement 7—providing safe and suitable care environments","sortOrder":168},{"sectionNumber":"Division 9","sectionType":"division","heading":"Practice requirement 8—quality assurance and continuous improvement","content":"## Division 9 Practice requirement 8—quality assurance and continuous improvement\n\nDivision 9 Practice requirement 8—quality assurance and continuous improvement","sortOrder":175},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Code of practice for entities providing specialised substitute residential care","content":"# Schedule 4 Code of practice for entities providing specialised substitute residential care\n\nSchedule 4 Code of practice for entities providing specialised substitute residential care\n\nsection 39\n\n**sch 4:** Ins 2022 (480), Sch 1\\[20\\]. Am 2024 (486), Sch 1\\[8\\].","sortOrder":178},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Conditions of accreditation—adoption service providers","content":"# Schedule 5 Conditions of accreditation—adoption service providers\n\nSchedule 5 Conditions of accreditation—adoption service providers\n\nsection 43\n\n**sch 5:** Ins 2022 (480), Sch 1\\[20\\]. Am 2024 (486), Sch 1\\[9\\].","sortOrder":215},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Code of Practice—child employment","content":"# Schedule 6 Code of Practice—child employment\n\nSchedule 6 Code of Practice—child employment\n\nsection 58\n\n**sch 6:** Ins 2022 (480), Sch 1\\[20\\]. Am 2022 (731), Sch 1\\[10\\]; 2025 No 46, Sch 2\\[3\\].","sortOrder":228},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 7 Penalty notice offences\n\nSchedule 7 Penalty notice offences\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 8DA(5) | $550 |\n| Section 8V(2) | $275 |\n| Section 29(4) | $550 |\n| Section 36(1) | $550 |\n| Section 36(2) | $550 |\n| Section 92(1)–(3) | $5,500 |\n| Section 97(2) for breach of the condition in this Regulation, section 58 relating to— |  |\n| (a) Schedule 6, sections 3–6, 8, 12–14 and 23 | $110 |\n| (b) Schedule 6, sections 7, 9, 10, 15, 19 and 20 | $1,100 |\n| (c) Schedule 6, sections 11, 21 and 22 | $550 |\n| (d) Schedule 6, sections 16 and 17 | $220 |\n| (e) Schedule 6, sections 26–28 | $330 |\n| Section 97(2) for breach of the condition in this regulation, section 58(4) | $110 |\n| Section 97(2) for breach of the condition in this Regulation, section 59 | $110 |\n| Section 152F(1)— |  |\n| (a) for a corporation | $5,500 |\n| (b) otherwise | $1,100 |\n| Section 152J(1)— |  |\n| (a) for a corporation | $11,000 |\n| (b) otherwise | $2,200 |\n| Section 161(1) | $550 |\n| Section 169(1) | $550 |\n| Section 180(2) | $550 |\n| Schedule 2, clause 15(1) | $550 |\n| Schedule 2, clause 16(1) | $550 |\n| Schedule 2, clause 18 | $550 |\n| Schedule 2, clause 29(2) | $550 |\n| Schedule 2, clause 29(3) | $3,300 |\n| Offences under this Regulation |\n| Section 59A for failure to comply with the condition in section 58(2) relating to— |  |\n| (a) Schedule 6, sections 3–6, 8, 12–14 and 23 | $110 |\n| (b) Schedule 6, sections 7, 9, 10, 15, 19 and 20 | $1,100 |\n| (c) Schedule 6, sections 11, 21 and 22 | $550 |\n| (d) Schedule 6, sections 16 and 17 | $220 |\n| (e) Schedule 6, sections 26–28 | $330 |\n| Section 59A for failure to comply with the condition in section 58(3)(a) or (b) | $110 |\n| Section 59A for failure to comply with the condition in section 58(3)(c) | $330 |\n| Section 59A for failure to comply with the condition in section 58(4) | $110 |\n| Section 59A for failure to comply with the condition in section 59 | $110 |\n\n**sch 7:** Ins 2022 (480), Sch 1\\[20\\]. Am 2022 (731), Sch 1\\[11\\]; 2024 (486), Sch 1\\[10\\]–\\[12\\].","sortOrder":264},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 8 Dictionary\n\nSchedule 8 Dictionary\n\nsection 3\n\napplicant means a person who has applied to be a residential care worker.\n\napplication number, for Schedule 2—see Schedule 2, section 1.\n\narts student, for Part 7—see section 52.\n\ncarers register means the register kept under the Act, section 85(1)(a).\n\ncase plan means the plan under the Act, section 8ZA(2).\n\ncaseworker means a person who—\n\n> (a) is employed by, or in, the Department to develop or implement case management plans for children, and\n\n> (b) provides statutory out-of-home care or supported out-of-home care only—\n> \n> > (i) outside the person’s primary duties, and\n> \n> > (ii) at a place where accommodation is provided on a temporary basis.\n\ncentre-based care, for Schedule 4—see Schedule 4, section 1.\n\ncommencement day, for Schedule 1—see section 1.\n\ncontinuing residence approval, for Schedule 2—see Schedule 2, section 1.\n\ncritical event, for Schedule 3A—see Schedule 3A, section 1.\n\ncurrent application has the meaning given by the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).\n\ndomestic adoption services, for Schedule 5—see Schedule 5, section 1.\n\nexisting worker, for Schedule 1—see section 1.\n\nintercountry adoption services means adoption services provided in connection with the adoption of children who are not Australian citizens and who have been brought into Australia, or are proposed to be brought into Australia—\n\n> (a) to be adopted under the laws of Australia, or\n\n> (b) for an adoption under the laws of a foreign country being recognised under the laws of Australia.\n\nlabour hire agency means a person who on a commercial basis provides services for finding work for individuals.\n\nparent’s nominee, for Schedule 6—see Schedule 6, section 2.\n\nperformer representative, for Part 7—see section 52.\n\npreparatory activity, for Part 7—see section 52.\n\nregister means the residential care workers register that may be kept by the Children’s Guardian under the Act, section 85(1)(b).\n\nrelevant authorised carer has the same meaning as in the Act, section 85(1B)(a).\n\nrelevant details has the same meaning as in the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 9A(2).\n\nrelevant individual, for a residential care provider, means a person about whom the residential care provider has recorded on the residential care workers register that there is relevant information to disclose.\n\nrelevant information, about an applicant or residential care worker, means information relating to the safety, welfare or wellbeing of children.\n\nrelevant legislation, for Schedule 4—see Schedule 4, section 1.\n\nrelevant resident means a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as—\n\n> (a) a relevant authorised carer, or\n\n> (b) a person who has applied to be a relevant authorised carer.\n\nresidential setting means—\n\n> (a) a home, managed by a designated agency, or\n\n> (b) a place where accommodation is provided on a temporary basis.\n\nspecialised substitute residential care register means the register kept under the Act, section 85(1)(c).\n\nstaff, of an entity providing specialised substitute residential care, a designated agency or an adoption service provider (an entity), includes—\n\n> (a) a member of the governing body of the entity, and\n\n> (b) a person engaged, whether or not the person is paid, to provide or assist in providing, or otherwise in connection with the provision of, services by the entity.\n\nthe Act means the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n\nwork, for Schedule 6, Part 2—see Schedule 6, section 24.\n\nworking with children check status information, for Schedule 2—see Schedule 2, section 1.\n\nworking with children number has the same meaning as in the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).\n\n**sch 8 (previously Sch 2):** Renumbered 2022 (480), Sch 1\\[19\\]. Am 2024 (486), Sch 1\\[13\\]–\\[15\\].","sortOrder":266}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Regulation, as currently drafted, goes well beyond setting up a single register or a narrow administrative regime. Since its original enactment it has been expanded and detailed to cover multiple substantive areas: comprehensive carers and residential care worker registers (Parts 2–3 and Schedule 2), a specialised substitute residential care regulatory regime with detailed intake, placement and supervision rules and its own code of practice (Part 5 and Schedule 4), detailed accreditation and transfer mechanics for designated agencies and adoption providers (Parts 4 and 6, Schedules 3 and 5), and a full standalone child employment regime (Part 7 and Schedule 6) including fees and penalty notices (s 57; Schedule 7).  Amendments inserted in 2024 and 2025 (for example s 30A and s 51A inserting Schedule 3A; and later amendments to definitions and fee tables) further broadened obligations by prescribing codes of practice and additional reporting and consultation procedures (see Ins 2024 (486), Sch 1[4], Sch 1[5], and amendments cited throughout).  In short, the instrument has evolved into a comprehensive operational regulatory framework for children’s care, employment and accreditation — considerably broader than a simple register or single‑purpose regulation."},"complexity_factors":["8 main Parts with multiple Divisions and 8 Schedules forming substantive obligations","Large number of cross‑references to other Acts (Children’s Guardian Act 2019, Child Protection (Working with Children) Act 2012, Children and Young Persons (Care and Protection) Regulation 2022, Adoption Act 2000, NDIS Act and regulations, Privacy Act and State records)","Many defined terms and definitions scattered across Schedule 8 and specific parts (e.g. applicant, existing worker, relevant individual, critical event, centre‑based care)","Numerous timeframes and staged duties (e.g. 5 business days, 7 business days, 14 business days, 90 days, 180 days) creating operational sequencing complexity (ss 6, 10, 12, 14, 35; Schedule 1 transitional timelines)","Multiple registers with restricted access rules, different data fields and updating/notification rules (residential care workers register ss 8–14; carers register s 15 & Schedule 2; specialised substitute residential care register ss 34–38)","Nested conditional rules and exceptions (e.g. exemptions for emergency authorisations s 6; exemptions to checks where previously done within 12 months s 9(2); performer representative exemptions s 55)","Extensive practice codes and standards across three schedules (Schedule 3A, Schedule 4, Schedule 6) that translate standards into many discrete procedural requirements","Penalties and penalty‑notice schedule cross‑linked to Act provisions and specific schedule clauses (Schedule 7)","Recent amendments and insertions over multiple years (Ins 2022 (480); Am 2022 (731); Ins/Am 2024 (486); amendments in 2025) increasing branching logic and exceptions"],"plain_english_summary":"**What this Regulation does (plain mechanics)**\n\n- Establishes registers, reporting and checking obligations, accreditation rules, codes of practice and operational duties for people and organisations involved in the care, placement and employment of children in New South Wales.\n- Creates and prescribes the information, timeframes and forms for three central registers: the residential care workers register (Part 2: ss 5–14), the carers register (Part 3: s 15 & Schedule 2), and the specialised substitute residential care register (Part 5: Div 2, ss 34–38).  The Regulation also prescribes who can access each register and in what circumstances (see s 17 and s 34). \n- Sets pre‑employment checks and recording requirements for people who work in residential care, including nationwide criminal checks and working‑with‑children information (see s 9, s 10).  Providers must record and promptly update outcomes, commencement and cessation dates, and any reportable allegations and investigation outcomes (s 10, s 12, s 13, s 14). \n- Specifies accreditation application content, notification, transfer and condition rules for designated agencies (out‑of‑home care) and adoption service providers (Parts 4 and 6, ss 19–30, 41–49).  It prescribes conditions of accreditation and the information the Children’s Guardian must publish about accredited bodies (ss 22, 30, 51). \n- Regulates specialised substitute residential care (detailed service, intake, planning, supervision and record‑keeping obligations) and requires entities providing such care to follow a prescribed code of practice (Part 5; Schedule 4).  Designated agencies must supervise long or repeated placements (s 20). \n- Sets detailed rules for child employment (Part 7 and Schedule 6): definitions, who is treated as an employer, what activities are “relevant”, employer exemptions, mandatory codes of practice and conduct, time limits, rest breaks and maximum hours for different ages, record keeping and insurance requirements, and the fees for employer’s authority applications (ss 52–59A; Schedule 6; s 57 for fees).  It creates penalty notice offences and sets penalty amounts (Schedule 7).\n\n**Who this affects**\n\n- Children placed in out‑of‑home care, children in specialised substitute residential care, and children employed in regulated activities (multiple Parts & Schedules). \n- Residential care providers, designated agencies, accredited adoption service providers and other entities that provide or supervise specialised substitute residential care (Parts 2–6, Schedule 3A, Schedule 4). \n- Employers and performer representatives who engage children in entertainment, modelling, photography and related activities (Part 7; Schedule 6). \n- The Children’s Guardian (central regulator), the Department/Secretary, the Ombudsman, police and certain named oversight bodies (see ss 5, 17, 34, 63, 64). \n\n**Why it matters (practical effects)**\n\n- Creates binding administrative duties: providers must run checks, keep and share records, notify the Children’s Guardian within set timeframes and meet prescribed standards (for example, reporting a reportable allegation within 7 business days (s 12) and entering case plan information within 5 business days for specialised care (s 35)).\n- Shifts day‑to‑day choices for providers toward documented, auditable processes: recruitment, supervision, behaviour support planning, intake and case planning must be documented and available for inspection (e.g. Schedule 4, ss 12–13, Schedule 3A practice requirements 24–31). \n- Imposes direct compliance costs and administrative burden on providers and employers (training, checks, data entry, notifications, fees for employer’s authorities (s 57), record retention (Schedule 6, s 3)).\n\n**Decision‑makers and enforcement**\n\n- The Children’s Guardian is the principal decision‑maker with broad powers to require information, publish register data, impose conditions on accreditation, approve codes and forms, and disclose information to specified bodies (see ss 5, 17, 20, 22, 24–28, 30, 63). \n- Designated agencies and accredited providers exercise operational decisions (who to authorise as a carer, managing placements, staff recruitment) but must comply with the Regulation’s reporting, recording and practice requirements (Schedule 3, Schedule 5). \n\n**Costs, incentives and trade‑offs (light, concrete analysis)**\n\n- Who pays: residential care providers, designated agencies and adoption providers bear most compliance and administrative costs (staff time for checks and reporting, systems for registers, staff training). Employers who engage children pay application fees for employer’s authorities (s 57). The Children’s Guardian and Department incur implementation and oversight costs. \n- Behaviour changes incentivised: more thorough vetting of applicants (nationwide criminal checks and cross‑provider referee checks—s 9); earlier recording and reporting of allegations (s 12); formalisation of case planning and supervision for specialised substitute residential care (Schedule 4, ss 20–21); written consent/acknowledgement and information sharing around specialised care (Schedule 4, ss 13–14); tighter controls on hours, rest and supervision for working children (Schedule 6, Parts 2 and 5). \n- Compliance burden and opportunity cost: small providers and sole operators may face relatively high fixed costs (training, record systems, form compliance, insurance, fees). Time spent on paperwork and mandatory training is time not spent on direct service delivery. \n- Bureaucratic discretion and implementation risk: the Children’s Guardian has significant discretion to require information, extend or impose conditions on accreditation, publish information about providers and disclose register records to specified bodies (ss 20, 21, 24–28, 30, 18). That discretion concentrates decision power within the regulator and creates operational dependency on the regulator’s guidance and forms (s 63 permits specification of form). \n- Privacy and data accuracy risks: multiple provisions require recording and sharing personal data across registers and agencies (e.g. s 10, Schedule 2). The regulation expressly notes that privacy law also applies (ss 13(5), 16(5)). Errors, delays in updating records (s 13 requires prompt updates and notification), or improper access could harm individuals or create liabilities. \n- Effects on private enterprise and competition: by prescribing minimum practice requirements and accreditation conditions for providers (Schedules 3, 4, 5, 3A), the Regulation raises the entry bar for organisations offering out‑of‑home care or adoption services. This may reduce the number of small providers able to operate without additional investment, while benefiting larger organisations that can absorb compliance costs. Fees for employer authorities (s 57) may also raise costs for creative businesses and casting agencies that use child performers. \n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits: the Children’s Guardian and oversight infrastructure gain better surveillance and quality control (improved registers and public publishing – s 30, s 51). Designated agencies get clearer procedural frameworks to demonstrate compliance. \n- Diffuse costs: many small providers, employers and families carry time and monetary costs for compliance, training and application fees. \n\n**Implementation and practical risks**\n\n- Data and IT capability: the effectiveness of the registers depends on timely, accurate digital systems and secure access (multiple sections impose short timeframes—e.g. s 12: 7 business days; s 35: 5 business days). \n- Capacity constraints: the Children’s Guardian and Department may face workload peaks from notifications, self‑assessments and accreditation transfers (ss 24–26, Schedule 4, s 6). \n- Substitution effects: tighter rules for formal providers could push some informal care or small‑scale arrangements into private, unregulated settings unless oversight is proportionate and accessible. \n\n**Key sections to review for action or compliance**\n\n- Residential care worker checks and register reporting: ss 8–14 (including emergency authorisations s 6).\n- Carers register content and access: s 15, Schedule 2, and ss 16–18 about accuracy and access.\n- Accreditation and transfer mechanics for designated agencies and adoption providers: Parts 4 and 6 (ss 19–30; 41–49) and Schedules 3 and 5.\n- Specialised substitute residential care rules and code: Part 5 (ss 31–40) and Schedule 4.\n- Child employment rules, fees and code: Part 7 (ss 52–59A), Schedule 6, and fee table s 57.\n- Penalties and penalty notice amounts: Schedule 7.\n\n**Bottom line (what to expect operationally)**\n\nProviders must implement formal systems for background checks, record‑keeping, case planning, training and timely reporting. Employers of children must obtain employer’s authority where required, follow the code of practice, keep records and pay prescribed fees. The Children’s Guardian becomes the central regulator with substantial information‑gathering and compliance oversight powers (see ss 5, 63 and the multiple schedules prescribing content and practice)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has been amended at least six times since its commencement in April 2022, suggesting its scope has evolved — likely expanding or refining obligations on organisations and individuals. The frequency of amendments (including a significant gap-then-cluster pattern in 2024–2025) indicates the regulatory framework has been actively adjusted, possibly to respond to implementation issues or policy changes in child safety oversight. However, the core purpose — supporting the Children's Guardian's oversight role — appears to have remained consistent with the original intent."},"complexity_factors":["Operates as subsidiary legislation under a parent Act (Children's Guardian Act 2019), requiring cross-referencing to understand the full legal picture","Has been amended multiple times (7 versions since April 2022), meaning the current rules differ significantly from the original","Covers multiple distinct regulatory regimes simultaneously: Working With Children Checks, child safe standards, out-of-home care accreditation, and adoption agency oversight","Interacts with other legislation including the Subordinate Legislation Act 1989 and Interpretation Act 1987","Scheduled automatic repeal in 2027 creates transitional uncertainty for regulated entities","Affects a wide and diverse range of entities (individuals, NFPs, government agencies, commercial operators) with different obligations for each","Limited substantive content is visible in the provided extract — full complexity assessment is constrained by the absence of the regulation's operative provisions"],"plain_english_summary":"The Children's Guardian Regulation 2022 (NSW) sets out detailed rules under the Children's Guardian Act 2019 for enforcing child-safe standards, Working With Children Checks, accreditation of adoption and out-of-home care agencies, and reporting and record-keeping. It governs organisations and individuals who work with or care for children in NSW (schools, clubs, agencies, foster and residential carers) and shapes compliance obligations, penalties and accreditation outcomes. Scheduled repeal: 1 September 2027; most recently updated 1 October 2025."},"kimi_summary":{"_metrics":{"completionTokens":747},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive regulation supporting the Children's Guardian Act 2019. While it has been amended several times (noted in 2022, 2024, and 2025), these amendments appear to be refinements and additions within the established framework rather than scope expansion. The regulation covers residential care workers, carers registers, out-of-home care accreditation, adoption services, child employment, and specialised substitute residential care — all falling within the Guardian's statutory functions under the parent Act."},"complexity_factors":["Multiple overlapping registers (residential care workers, carers, specialised substitute residential care) with different access rules and recording requirements","Extensive cross-referencing to other legislation including the Children and Young Persons (Care and Protection) Act 1998, Child Protection (Working with Children) Act 2012, Adoption Act 2000, and NDIS legislation","Nested conditional logic throughout — for example, section 9 has exceptions to required checks that themselves have conditions (subsection 2), plus additional exceptions in subsection 3","Detailed age-based tiered requirements for child employment with multiple overlapping conditions (hours, supervision, travel, schooling)","Schedule-based structure with 8 schedules containing substantive provisions, not just administrative details","Defined terms spread across section 3, Schedule 8, and schedule-specific definitions (e.g., 'critical event' defined in Schedule 3A for code of practice purposes)","Multiple amendment history notes indicating evolving regulatory framework (2022, 2024, 2025 amendments)","Complex transitional provisions in Schedule 1 with staged commencement dates and grandfathering arrangements for existing workers"],"plain_english_summary":"This NSW regulation sets up detailed rules for the **Children's Guardian** — an independent watchdog that oversees child protection in New South Wales. It covers four main areas:\n\n**1. Residential Care Workers Register**\n- Creates a central register tracking people who work in residential care homes for children in out-of-home care\n- Requires criminal record checks, verification of identity, and referee checks before hiring\n- Employers must record worker details, employment decisions, and any reportable allegations on the register\n- Existing workers had transition periods to comply when the rules started\n\n**2. Carers Register**\n- Maintains records on foster carers, kinship carers, and prospective carers\n- Tracks authorisations, suitability assessments, working with children checks, and reportable allegations\n- Limits who can access this sensitive information to protect privacy\n\n**3. Out-of-Home Care & Adoption Services**\n- Sets accreditation conditions for agencies that place children in foster care or arrange adoptions\n- Requires behaviour support policies, psychotropic medication policies, and codes of practice\n- Governs how accreditation can be transferred between organisations\n- Mandates public disclosure of agency information and compliance with Child Safe Standards\n\n**4. Child Employment**\n- Regulates when and how children can work in entertainment, modelling, and other industries\n- Requires employer permits, limits working hours based on age, mandates rest breaks and supervision\n- Sets strict rules for babies under 12 weeks and children under 6 years\n- Requires insurance coverage, safe work environments, and parental contact provisions\n\n**5. Specialised Substitute Residential Care**\n- Covers short-term respite care for children with disabilities or complex needs\n- Requires case planning, supervision by designated agencies, and registration of providers\n- Sets placement rules based on child's age and needs\n\nThe regulation includes detailed codes of practice, penalty notice offences, and extensive record-keeping requirements across all sectors."}},"importantCases":[],"_links":{"self":"/api/acts/children-s-guardian-regulation-2022","history":"/api/acts/children-s-guardian-regulation-2022/history","analysis":"/api/acts/children-s-guardian-regulation-2022/analysis","conflicts":"/api/acts/children-s-guardian-regulation-2022/conflicts","importantCases":"/api/acts/children-s-guardian-regulation-2022/important-cases","documents":"/api/acts/children-s-guardian-regulation-2022/documents"}}