Div 1Minister

Division 1—Minister 20—Functions of Minister (1) The functions of the Minister under this Act include— (a) promoting a partnership approach between the Government, local councils, non‑government agencies, families and carers; and (b) promoting and assisting in the development of coordinated strategies for effective intervention in cases where children and young people may be at risk of harm; and (c) promoting and assisting in the development of coordinated strategies and policies to give effect to the State Strategy; and (d) promoting, supporting and adequately resourcing evidence based programs delivering preventative and support services directed towards strengthening and supporting families, reducing the incidence of child abuse and neglect and maximising the wellbeing of children and young people; and (e) promoting, encouraging or undertaking research into matters affecting children and young people; and (f) generally taking such other actions as the Minister believes will promote the safety and wellbeing of children and young people. (2) Without limiting this section, the Minister has the following additional functions in relation to Aboriginal and Torres Strait Islander children and young people and the operation of Part 4: (a) working in partnership with and providing support to Aboriginal and Torres Strait Islander communities to build capacity to facilitate delegated decision making and Aboriginal and Torres Strait Islander family‑led decision making under this Act; (b) collaborating with and assisting Aboriginal and Torres Strait Islander communities to develop and implement strategies to ensure that Aboriginal and Torres Strait Islander children and young people are, so far as is reasonably practicable, protected from harm; (c) such other functions as may be prescribed by the regulations. (3) Without limiting a provision of any other Act or law, the Minister must, in relation to the administration, operation and enforcement of this Act— (a) ensure that education relating to the operation of section 76 is made available to persons who are required under that section to report a suspicion that a child or young person is, or may be, at risk of significant harm; and (b) promote and support the provision of courses of instruction relating to the prevention of child abuse and neglect by tertiary institutions in this State; and (c) collect and publish statistical data in relation to the protection of children and young people in this State. (4) Without limiting a preceding subsection, the Minister must also ensure that— (a) the services referred to in subsection (1)(d) are offered to children and young people and their families; and (b) genuine efforts are made to encourage children and young people and their families to avail themselves of those services. 21—Minister may direct Chief Executives of certain State authorities to meet to discuss interagency approach (1) The Minister may, after consultation with the Ministers responsible for the relevant prescribed State authorities and in accordance with any requirements set out in the regulations, from time to time direct the Chief Executives of 2 or more prescribed State authorities to meet for the purpose of discussing an interagency response to prevent harm from being caused to a specified child or young person, or to children and young people of a specified class. (2) A meeting required under this section— (a) is to be conducted in a timely manner; and (b) is to be chaired by the Chief Executive specified by the Minister; and (c) must consider any matters specified by the Minister. (3) For the purposes of this section, a reference to a child or young person will be taken to include a reference to a care leaver. (4) In this section— care leaver means a person who— (a) is under 25 years of age; and (b) has, at any point, been in care under this Act or a repealed Act; and (c) is leaving, or has left, such care; prescribed State authority means— (a) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; and (b) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Education and Children's Services Act 2019; and (c) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Health Care Act 2008; and (d) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Youth Justice Administration Act 2016; and (e) any other State authority prescribed by the regulations for the purposes of this paragraph. 22—Minister may enter agreements for provision of services to children and young people and their families (1) The Minister may, in accordance with any requirements set out in the regulations, enter into agreements for the provision or promotion of services to children and young people and their families. (2) The Minister may enter into such an agreement with— (a) a person with appropriate experience, qualifications or expertise in the provision or promotion of the services; or (b) a body established for the purpose of providing or promoting services to children and young people and their families that employs staff with appropriate experience, qualifications or expertise in the provision or promotion of the services; or (c) a local council. 23—Minister may establish programs for children and young people and their families The Minister may, in accordance with any requirements set out in the regulations, establish— (a) such programs as the Minister thinks necessary or desirable for children and young people who are at risk of harm, and their families; and (b) such other programs for the care, support, assistance or wellbeing of children and young people and their families as the Minister thinks fit. 24—Powers of delegation (1) The Minister may delegate a function (other than a prescribed function) under this or any other 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 of the Commonwealth). (c) does not derogate from the ability of the Minister to act in any matter; and (d) is revocable at will. (3) A function delegated under this section may, if the instrument of delegation so provides, be further delegated. 25—Minister's annual report (1) In addition to any other reporting obligations of the Minister under this Act or any other Act, the Minister must, not later than 30 September in each year, prepare a report in respect of the financial year ending on the preceding 30 June (the reporting year) including the following parts: (a) a part setting out the role of the Minister, and the extent to which the Minister has performed the Minister's functions, in respect of the operation of this Act during the reporting year; (b) a part setting out the following information relating to the provision of family support services and intensive family support services to children and young people who are at risk of harm and their families: (i) the extent to which such services were provided by, or on behalf of, the State (including statistical data relating to the number of times such services were provided) during the financial year ending on the preceding 30 June; (ii) the amount of resources allocated for the provision of such services by or on behalf of the State— (A) during the financial year ending on the preceding 30 June; and (B) during the current financial year; (iii) the extent to which the allocated resources were, in fact, spent on the provision of such services during the financial year ending on the preceding 30 June; (iv) bench‑marking the resources referred to in subparagraph (ii) and (iii) against those allocated and spent by other States and Territories in the provision of such services during the financial year ending on the preceding 30 June; (c) a part setting out the number of directions given by the Minister during the reporting year under section 21; (d) a part setting out the operation of Part 4 during the reporting year, which— (i) must, in accordance with any requirements set out in the regulations, be prepared in consultation with Aboriginal and Torres Strait Islander persons or bodies; (ii) must include the information required by the regulations; (e) a part setting out, in relation to the reporting year— (i) the number of family group conferences convened by the Chief Executive under the Act (including information identifying how many of the family group conferences related to Aboriginal and Torres Strait Islander children and young people); and (ii) any other information required by the regulations; (f) any other part required by the regulations. (2) The Minister must, as soon as is reasonably practicable after preparing 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 preparing a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Division 2—Chief Executive 26—Functions of Chief Executive (1) The functions of the Chief Executive under this Act include— (a) developing codes of conduct and principles for caring for, or working with, children and young people; and (b) providing guidance on matters relating to keeping children and young people safe and protected from harm, including— (i) appropriate standards of conduct for adults in dealing with children and young people; and (ii) how to deal with cases involving children and young people who are suspected of being harmed; and (c) defining appropriate standards of care for ensuring the safety and wellbeing of children and young people in care; 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 in care are accessible and responsive to the needs of such children and young people; and (f) developing channels of communication and information sharing between the Department, State authorities, children and young people and their families; 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 policies and procedures governing the exercise of powers under this Act; and (j) developing policies, procedures and strategies that give effect to the State Strategy; and (k) monitoring 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 reporting regularly to the Minister on that subject; and (l) promoting partnership between the Government, local councils, non‑government agencies, communities and families to holistically address the problem of harm being caused to children and young people; and (m) promoting partnership between the Government and people who care for children or young people under this Act in recognition of the integral part played by such people in caring for children and young people; and (n) encouraging cooperation between State authorities with functions relating to the protection of children and young people or the provision of services to children and young people and their families to ensure that children and young people at risk of harm receive as much support as possible; and (o) any other function conferred on the Chief Executive under this Act or any other Act or by the Minister. (2) Without limiting subsection (1), the Chief Executive has the following additional functions in relation to Aboriginal and Torres Strait Islander children and young people and the operation of Part 4: (a) working in partnership with recognised Aboriginal and Torres Strait Islander entities to build capacity to facilitate delegated decision making and Aboriginal and Torres Strait Islander family‑led decision making in relation to Aboriginal and Torres Strait Islander children and young people; (b) such other functions as may be prescribed by the regulations. 27—Powers of delegation (1) The Chief Executive may delegate a function (other than a prescribed function) under this or any other 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). (d) is revocable at will. (3) Subject to this Act, a function delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) Nothing in this section limits any other power of delegation the Chief Executive may have under this Act or any other Act. 28—Chief Executive's annual report (1) The Chief Executive must, not later than 30 September in each year, submit to the Minister a report in respect of the financial year ending on the preceding 30 June (the reporting year) setting out— (a) 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 during the reporting year; (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 during the reporting year, and, if not, the extent to which those targets have been achieved; and (b) whether each child or young person under the guardianship of the Chief Executive until they attain 18 years of age had, during the reporting year, a documented case plan and, if not, the extent to which that target has been achieved; and (c) the emergence of any recurring themes in the matters referred to in a preceding paragraph; and (d) the number, and general nature, of placements of children and young people under section 136 during the reporting year; and (e) any other matter prescribed by the regulations. (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 both Houses 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). Division 3—Quality of Care Report Guidelines 29—Quality of Care Report Guidelines (1) The Chief Executive must publish guidelines (the Quality of Care Report Guidelines) relating to reporting harm caused to children and young people in care by the persons contemplated by paragraph (c) of the definition of quality of care report in section 3, or suspicions or risks of such harm. (2) The Quality of Care Report Guidelines must set out— (a) the process by which a quality of care report is to be assessed; and (b) the actions which must be taken in response to a quality of care report; and (c) the ways in which procedural fairness is to be afforded in relation to a quality of care report; and (d) the process by which decisions relating to quality of care reports can be reviewed (including the persons who may seek such a review); and (e) any other information required by the regulations, and may contain any other provisions the Chief Executive thinks fit. (3) Subject to the regulations, the Chief Executive must ensure that procedural fairness is provided in the course of any action taken in response to a quality of care report. (4) Before publishing the Quality of Care Report Guidelines, the Chief Executive must— (a) invite submissions from, and have regard to any submissions made by— (i) persons who care for children or young people under this Act or a repealed Act; and (ii) each recognised peak body; and (iii) persons or bodies who, in the opinion of the Chief Executive, represent the interests and views of persons who care for children and young people under this Act or a repealed Act; and (5) The Chief Executive must cause the Quality of Care Report Guidelines to be published on a website determined by the Chief Executive. (6) Each person or body involved in addressing a quality of care report must comply with the Quality of Care Report Guidelines. (7) However— (a) the Quality of Care Report Guidelines do not create legally enforceable rights or entitlements; and (b) in the event of an inconsistency between a provision of the Quality of Care Report Guidelines and a provision of this Act, the provision of the Quality of Care Report Guidelines is, to the extent of the inconsistency, void and of no effect. Division 4—Management of complaints and feedback 30—Complaints and Feedback Management Guidelines (1) The Chief Executive must publish guidelines (the Complaints and Feedback Management Guidelines) relating to the receipt and handling of complaints and feedback relating to the administration of this Act. (2) The Complaints and Feedback Management Guidelines must set out— (a) the matters in relation to which the Complaints and Feedback Management Guidelines apply; and (b) how, and by whom, complaints may be made and feedback may be given; and (c) the process by which complaints and feedback are to be assessed; and (d) the actions which may be taken in response to a complaint or feedback; and (e) the ways in which procedural fairness is to be afforded in relation to a complaint or feedback; and (f) information about alternative independent complaints and feedback mechanisms and bodies; and (g) any other information required by the regulations, and may contain any other provisions the Chief Executive thinks fit. (3) Subject to the regulations, the Chief Executive must ensure that procedural fairness is provided in the course of any action taken in response to a complaint or feedback. (4) Before publishing the Complaints and Feedback Management Guidelines, the Chief Executive must— (a) invite submissions from, and have regard to any submissions made by— (i) the Commissioner for Children and Young People; and (ii) the Commissioner for Aboriginal Children and Young People; and (iii) the Guardian for Children and Young People; and (iv) each recognised peak body; and (v) any other peak bodies prescribed by the regulations; and (vi) Aboriginal and Torres Strait Islander people and organisations; and (vii) people, including children and young people, who have experiences of being in care under this Act or a repealed Act; and (viii) any other person or body prescribed by the regulations; and (5) The Chief Executive must cause the Complaints and Feedback Management Guidelines to be published on a website determined by the Chief Executive. (6) Each officer or employee of the Department involved in the receipt and handling of complaints and feedback to which the Complaints and Feedback Management Guidelines apply must comply with the Complaints and Feedback Management Guidelines. (7) However— (a) the Complaints and Feedback Management Guidelines do not create legally enforceable rights or entitlements; and (b) in the event of an inconsistency between a provision of the Complaints and Feedback Management Guidelines and a provision of this Act, the provision of the Complaints and Feedback Management Guidelines is, to the extent of the inconsistency, void and of no effect. Division 5—Child protection officers 31—Child protection officers (1) The following persons are child protection officers for the purposes of this Act: (a) the Chief Executive; (b) a police officer; (c) an employee of the Department authorised by the Chief Executive by instrument in writing as a child protection officer; (d) an Aboriginal or Torres Strait Islander person authorised by the Chief Executive by instrument in writing as a child protection officer; (e) any other person authorised by the Chief Executive by instrument in writing as a child protection officer in accordance with any requirements set out in the regulations. (2) An authorisation under subsection (1)(c), (d) or (e) may be made subject to conditions or limitations specified in the instrument of authorisation. (3) The Chief Executive may, by notice in writing to a child protection officer authorised under subsection (1)(c), (d) or (e), vary or revoke the authorisation, or a condition or limitation of the authorisation, on any grounds the Chief Executive thinks fit. (4) A child protection officer authorised under subsection (1)(c), (d) or (e) 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 authorisation of the person to be a child protection officer is subject to conditions or limitations—stating those conditions or limitations. (5) 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. 32—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, 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 a purpose set out in section 5(2)(c)(i) or (ii)—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— (A) 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; or (B) a child or young person who is absent from a State care placement is located within the premises, place, vehicle or vessel. (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 in the custody, or under the guardianship, 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. 33—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, document, answer or report 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. Division 6—Child and Young Person's Visitor scheme 34—Interpretation prescribed facility means— (a) a licensed children's residential facility; or (b) a State residential care facility; or (c) any other facility, or facility of a class, prescribed by the regulations. 35—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 appointment of the Child and Young Person's Visitor. 36—Functions of Child and Young Person's Visitor (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 Division; and (b) to communicate with children and young people resident in prescribed facilities; and (c) to promote the best interests of 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; and (ii) the management of prescribed facilities; and (f) any other functions assigned to the Child and Young Person's Visitor under this Act 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 must give proper weight to those views; and (b) must pay particular attention to the needs and circumstances of— (i) Aboriginal and Torres Strait Islander children and young people; and (ii) children and young people who have a physical, psychological or intellectual disability; and (c) may receive and consider any information, reports or materials that may be relevant to performing the functions of the Child and Young Person's Visitor. (3) On a visit to a prescribed facility under this Division, the Child and Young Person's Visitor may— (a) inspect any part of the prescribed facility; and (b) make inquiries about the care, treatment or 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 functions of the Child and Young Person's Visitor under this Act. (4) Subject to subsection (5), a visit to a prescribed facility may be— (a) made by the Child and Young Person's Visitor on their own initiative or at the request of a child or young person who is or was resident in the prescribed facility; and (b) made at any reasonable time; and (c) 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 functions of the Child and Young Person's Visitor. 37—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), cause a copy of the report to be 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 functions. (4) The Minister must, within 6 sitting days after receiving a special report, cause a copy of the report to be laid before both Houses of Parliament. Division 7—Recognised peak bodies 38—Minister to recognise peak bodies (1) The Minister may, by notice in writing, recognise an entity as the recognised peak body for a particular section of the community for the purposes of this Act if satisfied that the entity— (a) represents the interests of that section of the community; and (b) agrees to be the recognised peak body for that section of the community. (2) Without limiting subsection (1), the Minister must recognise an entity as the recognised peak body for the following sections of the community: (a) children and young people and their families; (b) Aboriginal and Torres Strait Islander children and young people and their families; (c) carers under this Act. (3) The recognition of an entity as a recognised peak body— (a) may be conditional or unconditional; and (b) has effect for the period specified in the notice; and (c) must comply with any other requirements set out in the regulations. (4) The Minister may, by notice in writing and in accordance with any requirements set out in the regulations, vary or revoke the recognition of an entity as the recognised peak body for a particular section of the community. Division 8—Networks and services for children and young people and their families 39—Networks and services for children and young people and their families (1) The Minister may, in the Minister's absolute discretion, establish such networks or services for the multi-agency assessment and referral of, and service response for, children and young people and their families as the Minister thinks fit. (2) A network or service established by the Minister under this section— (a) consists of such persons or bodies (whether State authorities or otherwise) as may be specified by the Minister; and (b) has the functions assigned to it under this Act or by the Minister. (3) The members of a network or service established by the Minister under this section may, despite any other Act or law, collaborate with each other without restriction.