{"id":"nsw:sl-2020-0063","name":"Children’s Guardian (Transitional) Regulation 2020","slug":"children-s-guardian-transitional-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"63 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176423,"registerId":"nsw-nsw:sl-2020-0063-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"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 (Transitional) Regulation 2020](/view/html/inforce/current/sl-2020-0063).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 March 2020.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Declaration that regulation is a transitional regulation—Act, Sch 4, cl 1","content":"#### 3 Declaration that regulation is a transitional regulation—Act, Sch 4, cl 1\n\n3 Declaration that regulation is a transitional regulation—Act, Sch 4, cl 1\n\n> This Regulation is a transitional regulation.\n> \n> Note—\n> \n> This Regulation expires at the end of 2 March 2022.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Regulation—\n> > \n> > commencement means the commencement of this Regulation.\n> > \n> > the Act means the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Existing exemptions under Ombudsman Act 1974","content":"#### 5 Existing exemptions under Ombudsman Act 1974\n\n5 Existing exemptions under [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068)\n\n> > (1) An exemption of a class or kind of conduct of employees under repealed section 25CA of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) in force immediately before the commencement continues to have effect until a regulation is made under section 30 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> \n> > (2) A list of the exemptions may be obtained, free of charge, from the Office of the Children’s Guardian.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Employer’s authorities and exemptions","content":"#### 6 Employer’s authorities and exemptions\n\n6 Employer’s authorities and exemptions\n\n> > (1) An employer’s authority granted by the Children’s Guardian under repealed Schedule 2 to the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) in force immediately before the commencement—\n> > \n> > > (a) is taken to be an employer’s authority granted under section 95 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), and\n> > \n> > > (b) is subject to the same conditions the authority was subject to under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> \n> > (2) An employer’s exemption granted by the Children’s Guardian under repealed section 224 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)—\n> > \n> > > (a) is taken to be an employer’s exemption granted under section 102 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), and\n> > \n> > > (b) is subject to the same conditions set out in the written notice under section 224(2) of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Existing designated agencies arranging supported or statutory out-of-home care","content":"#### 7 Existing designated agencies arranging supported or statutory out-of-home care\n\n7 Existing designated agencies arranging supported or statutory out-of-home care\n\n> > (1) This clause applies to a designated agency within the meaning of repealed section 139 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) that, immediately before the commencement—\n> > \n> > > (a) arranged the provision of supported out-of-home care or statutory out-of-home care, and\n> > \n> > > (b) was accredited under that Act.\n> \n> > (2) The designated agency is, on the commencement, taken to be a designated agency under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), for the period approved and subject to conditions and requirements imposed under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) and the regulations under that Act.\n> \n> > (3) An application for accreditation as a designated agency made under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) and the regulations under that Act but not decided before the commencement, is, on the commencement—\n> > \n> > > (a) taken to be an application for accreditation as a designated agency under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), and\n> > \n> > > (b) to be determined in accordance with the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8 (Repealed)","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Head of entity—adults residing with authorised carers","content":"#### 9 Head of entity—adults residing with authorised carers\n\n9 Head of entity—adults residing with authorised carers\n\n> > (1) This clause applies to a relevant entity that is an adult who, under section 10 of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), 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.\n> \n> > (2) For the purposes of Part 4 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), the head of the relevant entity is taken to be the head of the entity of the authorised carer.\n> \n> > (3) This clause is taken to have operated from commencement of the Act.\n> \n> > (4) This clause is repealed on commencement of a regulation made under section 17(1)(b) of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> \n> **cl 9:** Ins 2020 (205), cl 3.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation appears to have remained consistent with its original transitional purpose throughout its life. The amendments (reflected in three point-in-time versions) were likely minor technical updates rather than expansions of scope. The expiry date and conditional repeal of Clause 9 were built in from the start, indicating the regulation performed exactly its intended bridging function."},"complexity_factors":["Requires understanding of the parent legislation (Children's Guardian Act 2019) to fully interpret its purpose","Multiple versions within a short timeframe (3 versions in under a year) suggest incremental amendments that require cross-referencing","Conditional repeal mechanism for Clause 9 (triggered by a separate regulatory event) adds a layer of legal interdependency","Transitional regulations by nature reference both old and new legal frameworks simultaneously","Limited substantive content is visible in this extract, making full analysis difficult without the actual clauses"],"plain_english_summary":"This temporary NSW regulation bridged the gap between the old child‑protection framework and the new Children's Guardian Act 2019, keeping existing accreditations, approvals and oversight arrangements running while the new system was established. It affected organisations and people working with children and the Children's Guardian responsible for child‑safety compliance.\n\nThe regulation automatically expired on 2 March 2022 and is now of historical interest only."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original transitional purpose—bridging old and new legislative frameworks. It does not expand beyond the necessary technical adjustments required when the Children's Guardian Act 2019 commenced."},"complexity_factors":["Short document (9 clauses, one repealed)","Minimal defined terms (only 2: 'commencement' and 'the Act')","Straightforward transitional provisions without nested conditions","Simple cross-referencing to parent Act and repealed legislation","No exceptions to exceptions or complex conditional logic","Clear expiry date (2 March 2022) and repeal mechanisms"],"plain_english_summary":"This regulation is a temporary bridge to help organisations switch from old child protection laws to new ones. When the **Children's Guardian Act 2019** started on 1 March 2020, it replaced parts of older laws. This regulation makes sure nothing falls through the cracks during the changeover.\n\n**What it does:**\n- **Keeps existing permissions alive**: If an employer already had approval to hire people to work with children under the old law, that approval stays valid under the new law (with the same rules attached).\n- **Preserves exemptions**: Special exceptions that certain employees had under the old Ombudsman Act keep working until new rules are made.\n- **Protects foster care agencies**: Organisations that were officially approved to arrange foster care under the old system keep that status automatically. If they had applied for approval but hadn't heard back yet, their application carries over to the new system.\n- **Clarifies who is responsible for adults living with foster carers**: If an adult lives in the same home as a foster carer for more than 3 weeks, the organisation responsible for the foster carer is also considered responsible for that adult (for working with children check purposes).\n\n**Who it affects:**\n- Employers who hire people to work with children\n- Foster care agencies and designated child protection organisations\n- Adults living with foster carers\n- The Children's Guardian (the government body overseeing child safety)\n\n**Why it matters:**\nWithout this regulation, organisations might have lost their legal authority to operate overnight when the new Act began. It prevents disruption to child protection services and ensures continuous oversight of people working with children."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation conserves the prior legal coverage rather than expanding it: existing exemptions, employer authorities/exemptions and accredited designated-agency statuses are carried over and treated as granted under the Children’s Guardian Act 2019, with the same conditions preserved (clauses 5, 6, 7). It is explicitly temporary and anticipates replacement or further regulation by the Children’s Guardian (clause 3; clause 5(1); clause 9(4))."},"complexity_factors":["Cross-references to multiple Acts and repealed provisions require interpretive mapping (clauses 4, 5(1), 6(1)–(2), 7(1)–(3)).","Preservation of existing conditions and written notices creates an ongoing compliance tracking burden for employers and agencies (clauses 6(1)(b), 6(2)(b), 7(2)).","Conversion of pending accreditation applications to the new Act requires administrative re-processing and potential procedural change (clause 7(3)).","Temporal limits and staged repeal introduce timing risk for affected parties and regulators (expiry at end of 2 March 2022 — clause 3; clause 9 repeal trigger at commencement of a future regulation under s17(1)(b) of the Act).","Decision-making discretion remains with the Children’s Guardian to make replacement regulations or exemptions (clause 5(1) references regulation-making under s30 of the Act; clause 9(4) references regulation under s17(1)(b)).","Who pays / who complies: affected employers, designated agencies, authorised carers and adults residing with them remain responsible for meeting conditions and checks carried forward by these transitional arrangements (clauses 6, 7, 9).","Low volume of new rule text but high dependence on other instruments and future regulations for final effect (clauses 3, 5, 6, 7)."],"plain_english_summary":"This transitional regulation preserves existing child-protection permissions and exemptions from older legislation by treating prior employer authorities, exemptions and accredited designated-agency statuses as if granted under the Children’s Guardian Act 2019. It affects employers, designated agencies, authorised carers and adults living with them by keeping prior conditions and converting pending applications to the new Act; it is temporary and expires on 2 March 2022."}},"importantCases":[],"_links":{"self":"/api/acts/children-s-guardian-transitional-regulation-2020","history":"/api/acts/children-s-guardian-transitional-regulation-2020/history","analysis":"/api/acts/children-s-guardian-transitional-regulation-2020/analysis","conflicts":"/api/acts/children-s-guardian-transitional-regulation-2020/conflicts","importantCases":"/api/acts/children-s-guardian-transitional-regulation-2020/important-cases","documents":"/api/acts/children-s-guardian-transitional-regulation-2020/documents"}}