Part 11Administrative matters

Chapter 11—Administrative matters Part 1—Functions of Chief Executive etc 145—Functions of the Chief Executive The functions of the Chief Executive under this Act include— (a) developing codes of conduct and principles of good practice for caring for, or working with, children and young people; and (b) providing guidance on matters relating to the protection of children and young people, including— (i) appropriate standards of conduct for adults in dealing with children and young people; and (ii) how to deal with cases involving the bullying or harassment of a child or young person; and (iii) how to deal with cases involving the suspected harming of a child or young person; and (iv) recruitment and supervision of staff of government and non-government organisations who may have contact with children and young people in the course of their employment; and (c) defining appropriate standards of care for ensuring the safety of children and young people; and (d) disseminating information about ways in which children and young people may be at risk of harm so that such cases are more readily recognised and more promptly dealt with; and (e) ensuring, as far as practicable, that procedures for making complaints relating to children and young people who may be at risk are accessible and responsive to the needs of children and young people in care; and (f) developing channels of communication and information sharing between the Department or State authorities and children and young people; and (g) contributing to public discourse on issues relating to the protection of children and young people as part of a wider engagement to promote the message that the protection of children and young people is everyone's responsibility; and (h) providing and overseeing the training and ongoing education of child protection officers; and (i) developing standard operating procedures governing the exercise of powers under this Act; and (j) to monitor the operation of this Act as it relates to the provision of safe environments for children and young people (including by monitoring progress in the government and non-government sectors towards achieving that goal) and to report regularly to the Minister on that subject; and (k) any other function conferred on the Chief Executive under this or any other Act or by the Minister. 146—Powers of delegation (1) The Minister or the Chief Executive may delegate a function or power (other than a prescribed function or power) under this Act to a specified person or body (including a person for the time being holding or acting in a specified office or position, or a person or body located in another State or Territory). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Minister or Chief Executive (as the case requires) to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. Part 2—Child protection officers 147—Child protection officers (1) The following persons are child protection officers for the purposes of this Act: (a) the Chief Executive; (b) police officers; (c) an employee of the Department authorised by the Chief Executive by instrument in writing as a child protection officer. (2) An authorisation under subsection (1)(c) may be made subject to conditions or limitations specified in the instrument of authorisation. (3) A child protection officer authorised under subsection (1)(c) must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is a child protection officer under this Act; and (c) if the powers of a child protection officer have been limited by conditions—stating those limitations. (4) A child protection officer (other than a police officer in uniform) must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority. (5) The Chief Executive may, by notice in writing to a child protection officer authorised under subsection (1)(c), vary or revoke the authorisation, or a condition or limitation of the authorisation, on any grounds the Chief Executive thinks fit. 148—Primary function of child protection officers Without limiting any other functions or powers of child protection officers under this or any other Act, the primary function of child protection officers under this Act is to exercise their powers for the purpose of removing children and young people from situations in which they are at risk of harm. 149—Powers of child protection officers (1) Subject to this Act, a child protection officer may, as may reasonably be required in the administration, operation or enforcement of this Act, do 1 or more of the following: (a) enter and remain on any premises, place, vehicle or vessel (and for that purpose require a vehicle or vessel to stop); (b) inspect any premises or place, vehicle or vessel; (c) use reasonable force to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel; (d) if the officer believes on reasonable grounds that a child or young person is at risk of removal from the State for female genital mutilation or marriage—seize and retain any passport issued in the name of the child or young person; (e) take photographs, films, audio, video or other recordings; (f) seize and retain anything that the officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; (g) require a person who the officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state their full name and usual place of residence and to produce evidence of their identity; (h) give such directions as may be reasonably required in connection with the exercise of a power conferred by a preceding paragraph or otherwise for a purpose related to the administration, operation or enforcement of this Act. (2) Subject to any order of the Court, a passport seized under subsection (1)— (a) may be held by the Chief Executive for the period prescribed by the regulations; and (b) must, at the end of the period, be dealt with in accordance with the regulations. (3) Without limiting subsection (1), a child protection officer may, for the purposes of enforcing any order of the Court, without warrant, remove from any premises, place, vehicle or vessel a child or young person using such force (including breaking into the premises, place, vehicle or vessel) as is reasonably necessary for that purpose. (4) Except as is provided for in subsection (3), a child protection officer may only use force to enter any premises, place, vehicle or vessel— (a) on the authority of a warrant issued by a magistrate; or (b) if— (i) entry to the premises, place, vehicle or vessel has been refused or cannot be gained; and (ii) the child protection officer believes on reasonable grounds that the delay that would ensue as a result of applying for a warrant would significantly increase the risk of harm, or further harm, being caused to a child or young person. (5) A magistrate must not issue a warrant under this section unless satisfied on information given on oath, personally or by affidavit, that there are reasonable grounds for the issue of a warrant. (6) An application for the issue of a warrant under this section— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. (7) A magistrate by whom a warrant is issued under this section must file the warrant, or a copy of it, and any supporting affidavit in the Court. (8) Without limiting subsection (1), a child protection officer may exercise a power under this section for the purpose of determining whether an order of the Court, or a direction or requirement of the Chief Executive, is being, or has been, complied with in respect of a child or young person who is under the guardianship, or in the custody, of the Chief Executive. (9) A child protection officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances. (10) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction under this section. Maximum penalty: Imprisonment for 1 year. (11) To avoid doubt, this section does not limit any other powers conferred by any other provision of this Act. 150—Child protection officer may require information etc (1) A child protection officer, may, by notice in writing, require a specified person or body (whether or not the person or body is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or a document in the possession of the person or body that is reasonably required in the administration, operation or enforcement of this Act). (2) To avoid doubt, a requirement under subsection (1) may include a requirement to provide copies of medical, financial or other records in respect of a person. (3) A child protection officer may, by notice in writing, require a specified person to— (a) answer, to the best of the person's knowledge or belief, questions put by the child protection officer or an employee of the Department authorised by the Chief Executive for the purposes of this subsection; and (b) in the case of a person who has examined, assessed or treated a person under this Act—provide to the child protection officer or the Chief Executive a written report of that examination, assessment or treatment. (4) A person or body of whom a requirement is made under this section must provide the specified information, documents, answers or reports in the manner and form, and within the period, specified in the notice. (5) A person or body who refuses or fails to comply with a notice under this section is guilty of an offence. (6) If a State authority refuses or fails to comply with a notice under subsection (1), the Chief Executive may, after consultation with the State authority— (a) report the refusal or failure to the Minister and to the Minister responsible for the State authority; and (b) include details of the refusal or failure in the annual report of the Department. Part 3—Information gathering and sharing 151—Chief Executive may require State authority to provide report (1) The Chief Executive may, if the Chief Executive is of the opinion that it is necessary or would otherwise assist in the performance of functions under this Act, require a State authority to prepare and provide a report to the Chief Executive in relation to the matters, and in accordance with any requirements, specified in the notice. (2) If a State authority refuses or fails to comply with a requirement under subsection (1), the Chief Executive may require the State authority to provide to the Chief Executive within a specified period a report setting out the reasons for non-compliance. (3) The Chief Executive may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the Chief Executive in respect of the State authority's non-compliance. (4) The Minister must, on receiving a report under subsection (3), prepare a report to Parliament setting out— (a) the Minister's response to the Chief Executive's report; and (b) any other information required by the regulations. (5) The Minister must, within 6 sitting days after completing a report under subsection (4), cause a copy of both the report and the Chief Executive's report under subsection (3) to be laid before both Houses of Parliament. 152—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the Department; (b) the Commissioner for Children and Young People; (ba) the Commissioner for Aboriginal Children and Young People; (c) the Guardian for Children and Young People; (d) the Child Death and Serious Injury Committee; (e) the Child and Young Person's Visitor; (f) a State authority; (g) a Child and Family Assessment and Referral Network and its constituent members; (h) any other person or body prescribed by the regulations. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform functions relating to children and young people; or (b) to manage any risk to a child or young person, or class of children or young people, that might arise in the recipient's capacity as an employer or provider of services. (3) Subject to this section, but despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Subsection (3) applies— (a) whether or not the information or documents consist of or include prescribed information and documents; and (b) whether or not the information or document ever disclosed the identity of a person, or has been redacted so as to de-identify it. (5) Information may be provided under this section whether or not the provider has been requested to provide the information. (6) Despite section 164, the recipient of information or documents under this section must not disclose information or documents received under this section except— (a) to another person or body to whom this section applies; or (b) as may be authorised by the regulations. (7) In this section— prescribed information and documents means— (a) information or documents relating to the health, safety, welfare or wellbeing of a particular child or young person, or class of children or young people; or (b) any other information or document of a kind prescribed by the regulations for the purposes of this definition. 153—Certain persons to be provided with documents and information held by the Department (1) An eligible applicant in respect of a prescribed person may apply to the Chief Executive for the provision of documents and information relating to the prescribed person being held by the Department. (2) An application made under this section must be made in the manner and form determined by the Chief Executive. (3) Subject to this section, the Department must, on an application under subsection (1), provide to the eligible applicant— (a) such of the following documents relating to the prescribed person as may be held by the Department: (i) birth certificate; (ii) religious certificates; (iii) certificates of achievement; (iv) education and training reports; (v) correspondence addressed to the prescribed person; (vi) passport; (vii) photographs; (viii) any other documents of a kind prescribed by the regulations; and (b) such information relating to the prescribed person of a kind specified in the application as may be held by the Department. (4) If the Department holds an original of a document referred to in subsection (3)(a), the Department must give the original to the eligible applicant and must ensure that a copy of the document is retained for the purposes of the laws of the State. (5) For the purposes of the State Records Act 1997, the disclosure or provision of an official record (within the meaning of that Act) is authorised under this Part. (6) The Department may, in accordance with any guidelines published by the Department for the purposes of this section— (a) refuse to provide a document or information; or (b) provide a document in redacted form. (7) If the Department refuses to provide a document or information, or provides a document in redacted form, the Department must give the eligible applicant a written notice that sets out— (a) the reasons for the decision; and (b) the eligible applicant's right to seek a review of the decision under section 154; and (c) any other matter prescribed by the regulations. (8) If— (a) a document that must be provided to an eligible applicant under this section contains information of a medical nature concerning the prescribed person; and (b) the Department is of the opinion that disclosure of the information may have an adverse effect on the physical or mental health, or the emotional state, of the prescribed person, the Department— (c) is not required to give access to the document directly to the eligible applicant; and (d) may instead give access to the document to— (i) a medical practitioner nominated by the prescribed person or the eligible applicant; or (ii) a person or body nominated by the prescribed person or the eligible applicant and approved by the Department. (9) In this section— eligible applicant, in respect of a prescribed person, means— (a) the prescribed person; or (b) a person authorised by the prescribed person to make an application under this section; or (c) in the case of a prescribed person who has died—a grandparent, parent, child or grandchild of the prescribed person; prescribed person means a person of or above the age of 18 years who was, while the person was a child or young person, provided with out of home care or care of a corresponding kind provided under an earlier Act of the State. 154—Internal Review by Chief Executive (1) An eligible applicant under section 153 may apply to the Chief Executive for a review of a decision to refuse to provide a document or information, or to provide a document in redacted form, within 30 days of the making of the decision. (2) On a review under this section, the Chief Executive may confirm, vary or reverse the decision. (3) If the Chief Executive fails to determine an application made under this section within 14 days after it is received, the Chief Executive will be taken to have confirmed the decision in respect of which review is sought. 155—Interaction with Public Sector (Data Sharing) Act 2016 Nothing in this Part affects the operation of the Public Sector (Data Sharing) Act 2016. Part 4—Additional reporting obligations of Chief Executive 156—Additional annual reporting obligations (1) The Chief Executive must, not later than 30 September in each year, submit to the Minister a report setting out— (a) the following information in respect of Aboriginal and Torres Strait Islander children and young people: (i) the extent to which case planning in relation to such children and young people includes the development of cultural maintenance plans with input from local Aboriginal and Torres Strait Islander communities and organisations; (ii) the extent to which agreements made in case planning relating to supporting the cultural needs of such children and young people are being met (being support such as transport to cultural events, respect for religious laws, attendance at funerals, providing appropriate food and access to religious celebrations); (iii) the extent to which such children and young people have access to a case worker, community, relative or other person from the same Aboriginal or Torres Strait Islander community as the child or young person; and (b) the following information relating to case workers and children and young people in care: (i) whether a case worker has been allocated to each child and young person in care; (ii) whether each child and young person in care has had face to face contact with their allocated case worker at least once in each month, and, if not, the extent to which those targets have been achieved; and (c) whether each child or young person under the guardianship of the Chief Executive until they are 18 years of age has a case plan that is developed, monitored and reviewed as part of a regular 6 monthly planning cycle and, if not, the extent to which that target has been achieved; and (d) the emergence of any recurring themes in the matters referred to in a preceding paragraph; and (e) the following information relating to recommendations of the Child Protection Systems Royal Commission (being information relating to the preceding financial year): (i) the extent to which any outstanding recommendations have been implemented; (ii) if a decision was made to implement a particular recommendation that the government, or the Minister or Chief Executive, had previously indicated would not be implemented—the reasons for that decision and the manner in which the recommendation is to be implemented; (iii) if a decision was made not to implement a particular recommendation that the government, or the Minister or Chief Executive, had previously indicated would be implemented—the reasons for that decision; and (f) the number, and general nature, of placements of children and young people under section 77; and (g) any other matter prescribed by the regulations for the purposes of this paragraph. (2) The Minister must, as soon as is reasonably practicable after receipt of a report under this section, cause a copy of the report to be published on a website determined by the Minister. (3) The Minister must, within 6 sitting days after receipt of a report under this section, cause a copy of the report to be laid before each House of Parliament. (4) The requirements of this section are in addition to any other reporting obligation of the Chief Executive (however, a report under this section may be included in the annual report of the Chief Executive under the Public Sector Act 2009).