Part 9Miscellaneous

Part 9—Miscellaneous 112A—Chief Executive may provide assistance to persons caring for children and young people The Chief Executive may grant to an approved carer or other person in whose care a child or young person has been placed under this Act or the Family Relationships Act 1975 such financial or other assistance in relation to the care and maintenance of the child or young person as may be determined by the Chief Executive. 113—Agreement for funeral arrangements of children and young people in care (1) This section applies to a child or young person who— (a) is under the guardianship or custody of the Chief Executive or another person pursuant to this Act; or (b) is otherwise placed in the care of an approved carer pursuant to this Act. (2) If— (a) a child or young person to whom this section applies dies; and (b) the person in whose care the child or young person was at the time of their death and the person who is responsible for arranging the funeral and the disposal of the deceased's remains disagree about those arrangements, the Chief Executive may, at the request of 1 or both of the parties, endeavour to assist the parties to reach an agreement about those arrangements. Chapter 8—Providing safe environments for children and young people 114—Certain organisations must have policies and procedures to ensure safe environments provided (1) A prescribed organisation must, in accordance with any requirement set out in the regulations, prepare or adopt policies and procedures of the following kinds: (a) policies and procedures that ensure that the requirements under Chapter 5 Part 1 are satisfied; (b) policies and procedures designed to ensure that safe environments for children and young people are established and maintained in respect of the services or activities provided or undertaken by the prescribed organisation; (c) such other policies and procedures as may be required by the regulations for the purposes of this section. (2) A prescribed organisation may, in accordance with any requirement set out in the regulations, from time to time vary or substitute a policy or guideline required under subsection (1). (3) A prescribed organisation must, as soon as is reasonably practicable after preparing or adopting, or varying or substituting, the policies and procedures required under subsection (1), provide to the Chief Executive a statement— (a) certifying that the prescribed organisation has in place policies and procedures as required under that subsection; and (b) setting out any information required by the regulations for the purposes of this paragraph. (4) A statement required under subsection (3)— (a) must be provided in a manner and form determined by the Chief Executive; and (b) must, if the Chief Executive so requires, be accompanied by a copy of each policy and procedure prepared or adopted under subsection (1) as varied or substituted from time to time; and (c) must comply with any other requirements set out in the regulations for the purposes of this paragraph. (5) A prescribed organisation must, at the request of a person in relation to whom the prescribed organisation provides, or is to provide, a service, produce for inspection a copy of the policies and procedures prepared or adopted under subsection (1), as in force at the relevant time. (6) A prescribed organisation must not refuse or fail to comply with a requirement under this section. (7) In this section— prescribed organisation means— (a) State authorities; or (b) persons or bodies who provide a service or undertake an activity that constitutes child‑related work under the Child Safety (Prohibited Persons) Act 2016; or (c) any other person or body, or person or body of a class, declared by the regulations to be included in the ambit of this paragraph. 115—Policies and procedures to be reviewed (1) A prescribed organisation must, in accordance with any requirement set out in the regulations, review the policies and procedures prepared or adopted under section 114(1) at least once in every 5 year period. prescribed organisation has the same meaning as in section 114. Chapter 9—Child and Young Person's Visitor scheme 116—Interpretation In this Chapter— prescribed facility means— (a) a licensed children's residential facility; and (b) any other facility prescribed by the regulations. 117—Child and Young Person's Visitor (1) The Minister may establish a Child and Young Person's Visitor. (2) The Child and Young Person's Visitor is to be independent of direction or control by the Crown or any Minister or officer of the Crown. (3) The regulations may make further provision in relation to the establishment and appointment of the Child and Young Person's Visitor. 118—Functions and powers (1) The functions of the Child and Young Person's Visitor are— (a) to conduct visits to, and inspections of, prescribed facilities as required or authorised under this Chapter; and (b) to communicate with children and young people resident in prescribed facilities; and (c) to promote the best interests of the children and young people resident in prescribed facilities; and (d) to act as an advocate for children and young people resident in prescribed facilities and to promote the proper resolution of issues relating to their care; and (e) to inquire into, and provide advice to the Minister relating to, any systemic reform necessary to improve— (i) the quality of care, treatment or control of children and young people resident in prescribed facilities; or (ii) the management of prescribed facilities; and (f) any other functions assigned to the Child and Young Person's Visitor under this or any other Act. (2) In performing functions under this Act, the Child and Young Person's Visitor— (a) must encourage children and young people resident in prescribed facilities to express their own views and give proper weight to those views; and (b) must pay particular attention to the needs and circumstances of— (i) Aboriginal or Torres Strait Islander children or young people; or (ii) children and young people who have a physical, psychological or intellectual disability; and (c) may receive and consider any information, reports and materials that may be relevant to performing the Child and Young Person's Visitor's functions. (3) On a visit to a prescribed facility under this Chapter, the Child and Young Person's Visitor may— (a) inspect any part of the prescribed facility; and (b) make inquiries about the care, treatment and control of each child or young person resident in the prescribed facility; and (c) take such other action as may be reasonably required to perform the Child and Young Person's Visitor's functions under this Act. (4) Subject to subsection (5), a visit to a prescribed facility— (a) may be made by the Child and Young Person's Visitor on the Child and Young Person's Visitor's own initiative or at the request of a child or young person who is or was resident in the prescribed facility; and (b) may be made at any reasonable time; and (c) may be of such duration as the Child and Young Person's Visitor thinks appropriate. (5) The Child and Young Person's Visitor must— (a) except in exceptional circumstances, give the person in charge of a prescribed facility reasonable notice of a visit; and (b) take steps to ensure that the safe administration of the prescribed facility is not compromised by a visit; and (c) obey the reasonable directions of the person in charge of the prescribed facility in relation to any genuine concerns the person may have in connection with the safe management of the prescribed facility. (6) If the person in charge of a prescribed facility refuses to allow the Child and Young Person's Visitor to visit the prescribed facility because of genuine concerns the person may have in connection with the safety of the Child and Young Person's Visitor (whether related to a security risk, a health related risk or some other reason), the person must, as soon as reasonably practicable, provide the Child and Young Person's Visitor with written advice as to why entry to the prescribed facility was refused. (7) The Child and Young Person's Visitor has such other powers as may be necessary or expedient for, or incidental to, the performance of the Child and Young Person's Visitor's functions. 119—Reporting obligations (1) The Child and Young Person's Visitor must, on or before 30 September in every year, prepare and provide to the Minister a report on the work of the Child and Young Person's Visitor during the financial year ending on the preceding 30 June. (2) The Minister must, within 6 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament. (3) The Child and Young Person's Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the Child and Young Person's Visitor's functions. (4) The Minister must, within 6 sitting days after receiving a special report, have copies of the report laid before both Houses of Parliament.