Part 3Guardian for Children and Young People

Part 3—Guardian for Children and Young People 21—Guardian for Children and Young People (1) There is to be a Guardian for Children and Young People. (2) The Guardian is independent of direction or control by the Crown or any Minister or officer of the Crown. 22—Terms and conditions of appointment (1) The Guardian will be appointed by the Governor on the nomination of the Minister on conditions, and for a term (not exceeding 5 years), determined by the Governor and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) The Minister must, before nominating a person for appointment as Guardian, call for expressions of interest in accordance with a scheme determined by the Minister. (3) The Guardian is not a Public Service employee. (4) If the Guardian was, immediately before their appointment, employed in the Public Service, the Guardian retains existing and accruing rights in respect of leave. (5) The office of Guardian becomes vacant if the holder— (iii) an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or (g) is removed from office by the Governor under subsection (6). (6) The appointment of the Guardian may be terminated by the Governor on the ground that the Guardian— (a) has been guilty of misconduct; or (b) has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (c) has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (d) has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or (e) is incompetent or has neglected the duties of the position. 23—Delegation (1) The Guardian may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (c) does not derogate from the ability of the Guardian to act in any matter; and (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 24—Staff and resources The Minister must provide the Guardian with the staff and other resources that the Guardian reasonably needs for carrying out the Guardian's functions. 25—Use of staff etc of Public Service The Guardian may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. 26—Functions and powers of Guardian (1) The functions of the Guardian are— (a) to promote the best interests of children under the guardianship, or in the custody, of the Chief Executive, and in particular those in alternative care; and (b) to act as an advocate for the interests of children under the guardianship, or in the custody, of the Chief Executive and, in particular, for any such child who has suffered, or is alleged to have suffered, sexual abuse; and (c) to monitor the circumstances of children under the guardianship, or in the custody, of the Chief Executive; and (d) to provide advice to the Minister on the quality of the provision of care for children under the guardianship, or in the custody of, the Chief Executive and on whether the children's needs are being met; and (e) to inquire into, and provide advice to the Minister in relation to, systemic reform necessary to improve the quality of care provided for children in alternative care; and (f) to investigate and report to the Minister on matters referred to the Guardian by the Minister; and (g) such other functions as may be conferred on the Guardian by or under this or any other Act. (2) In carrying out functions under this section, the Guardian must— (a) encourage children who are affected by issues that the Guardian has under consideration to express their own views and give proper weight to those views; and (b) pay particular attention to the needs of children under the guardianship, or in the custody, of the Chief Executive who have a physical, psychological or intellectual disability; and (c) receive and consider information, reports and materials relevant to carrying out the Guardian's functions. (3) Subject to this Act, the Guardian has such powers as may be necessary or expedient for the performance of the Guardian's functions. alternative care means care provided for a child on a residential basis— (a) by or through a government or non-government agency; or (b) in a foster home (including a foster home provided by a member of the child's family), and includes care provided in a detention facility for a child who is held there in lawful detention and care provided under independent living arrangements made for a child under the Chief Executive's guardianship; Chief Executive means the Chief Executive within the meaning of the Children and Young People (Safety) Act 2017. 27—Participation of children and young people in development of practices etc The Guardian must establish and maintain processes to ensure the participation of children and young people in strategic, policy or systemic practice development or review processes. 28—Reporting obligations (1) The Guardian must, at the request of the Minister, provide a report to the Minister on the performance of the Guardian's functions or on any other matter specified by the Minister. (2) The Guardian must, on or before 31 October in each year, report to the Minister on the performance of the Guardian's functions during the preceding financial year. (3) The Minister must, within 6 sitting days after receiving a report from the Guardian, have copies of the report laid before both Houses of Parliament. 29—Guardian may provide other reports (1) The Guardian may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the Guardian's functions. (2) The Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.