Provides detailed rules for checking, recording and sharing information about people who care for or work with children, accrediting and supervising agencies that provide out‑of‑home care or adoption services, and regulating child employment. It creates and links three registers (residential care workers, carers, specialised substitute residential care), requires specified checks, time‑bound notifications, codes of practice and record‑keeping, and prescribes penalties. Private providers and employers bear the compliance costs; the Children’s Guardian and the Secretary make key decisions and control access to register information (see ss 5–15, 17–22, Schs 3A, 4, 6).
This Regulation operationalises and details procedural, record-keeping, accreditation, registration, code and enforcement arrangements under the Children’s Guardian Act and associated children’s care legislation. The instrument prescribes:
two worker-facing registers and the data and checks that must be done and recorded: the residential care workers register (Part 2, Div 2) and the carers register (Part 3, Sch 2); and a specialised substitute residential care register (Part 5, Div 2, ss 34-38; Schedule 4);
the scope of who is a residential care worker for the Act (s 4) and which persons or organisations can deal with register information (s 5, s 17, s 34);
checking and recruitment procedures that residential care providers must follow before conducting referee checks (s 9) and the timeline and content for recording checks, referee outcomes and reportable allegations on the registers (ss 10, 12, 13, 14);
accreditation and transfer rules, and conditions of accreditation, for designated agencies and adoption service providers including required policies and notices (Part 4, ss 19-30, Schedule 3; Part 6, ss 41-51, Schedule 5);
codes of practice and mapped “practice requirements” implementing the Child Safe Standards for designated agencies and adoption service providers (Schedule 3A, esp. ss 15-16, Parts 2-3), and separate codes for specialised substitute residential care entities (Schedule 4) and child employment (Schedule 6);
specific duties and timeframes for entities providing specialised substitute residential care (Schedule 4, Parts 2-7), including intake, case planning, supervision, placement matching, record keeping and required monthly supervision meetings (s 40);
a child employment scheme with definitions, a fee schedule for employer’s authorities and a Code of Practice addressing records, hours, supervision, welfare and incident reporting (Part 7, ss 52-59; s 57 sets fees; Schedule 6 contains the Code);
Current sections
Direct links to the current provisions in Children’s Guardian Regulation 2022.
(b) only provides statutory out-of-home care or supported out-of-home care in a private capacity.
s 4: Am 2022 (379), Sch 1[1]; 2024 (486), Sch 1[1].
Part 2
Residential care workers register
Part 2 Residential care workers register
Part 2 Residential care workers register
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
5
Dealing with information for purposes of keeping register
5 Dealing with information for purposes of keeping register
5 Dealing with information for purposes of keeping register
For the Act, section 85(1A), the following persons are prescribed—
(a) a residential care provider,
(b) the Children’s Guardian,
(c) the Secretary.
6
Emergency authorisations not subject to Division 2
6 Emergency authorisations not subject to Division 2
6 Emergency authorisations not subject to Division 2
(1) A residential care provider is not required to comply with Division 2 in relation to a residential care worker who provides statutory out-of-home care or supported out-of-home care under an emergency authorisation given under the Children and Young Persons (Care and Protection) Regulation 2022, section 22.
(2) The residential care provider must instead, within 72 hours after giving the emergency authorisation, notify the Children’s Guardian of the authorisation and give the Children’s Guardian the following information—
(a) the worker’s full name, any former name and any known aliases,
(b) the worker’s date of birth,
(c) if the worker holds a working with children check clearance—
(i) the working with children number for the clearance, and
(ii) the date on which the clearance ceases to have effect,
(d) if the worker has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number.
s 6: Am 2022 (731), Sch 1[1].
7
Secretary not subject to Division 2 for certain workers
7 Secretary not subject to Division 2 for certain workers
7 Secretary not subject to Division 2 for certain workers
The Secretary is not required to comply with Division 2 for a caseworker.
Division 2
Worker checks and recording on register
Division 2 Worker checks and recording on register
Division 2 Worker checks and recording on register
8
Residential care provider check
8 Residential care provider check
8 Residential care provider check
A residential care provider that is required to undertake a check of a relevant individual with another residential care provider under this Division must—
(a) request information about the relevant individual from the other residential care provider using the form approved by the Children’s Guardian, and
(b) consider the information received in response to the request.
9
Residential care provider must conduct certain checks—the Act, s 85(2)(d)
9 Residential care provider must conduct certain checks—the Act, s 85(2)(d)
9 Residential care provider must conduct certain checks—the Act, s 85(2)(d)
(1) A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, undertake each of the following—
(a) a check to verify the applicant’s relevant details,
(b) a nationwide criminal record check for the applicant,
(c) a check of the residential care workers register to determine if the applicant is a relevant individual for another residential care provider,
(d) if the residential care workers register indicates the applicant is a relevant individual for another residential care provider—a check of the relevant individual with the other residential care provider.
(2) A residential care provider is not required to undertake—
(a) a check of a relevant individual with another residential care provider if—
(i) the provider undertook the check with the other provider in the previous 12 months, and
(ii) the result was satisfactory, or
(b) a nationwide criminal record check if—
(i) the check has been undertaken by the residential care provider in the previous 12 months, and
(ii) the result was satisfactory.
(3) A residential care provider is not required to undertake a check required by subsection (1) if—
(a) the provider is satisfied that the applicant is not suitable to be a residential care worker, or
(b) the applicant withdraws the application.
s 9: Am 2022 (379), Sch 1[2]; 2022 (480), Sch 1[2].
10
Information to be recorded on register—the Act, s 85(2)(a)
10 Information to be recorded on register—the Act, s 85(2)(a)
10 Information to be recorded on register—the Act, s 85(2)(a)
(1) A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, record the following information about the applicant on the residential care workers register—
(a) the applicant’s full name, any former name and any known aliases,
(b) the applicant’s date of birth,
(c) if the applicant holds a working with children check clearance—
(i) the working with children number for the clearance, and
(ii) the date on which the clearance ceases to have effect,
(d) if the applicant has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number,
(e) for a check under section 9(1)(b) or (d)—
(i) the date the check was completed, and
(ii) the outcome of the check,
(f) whether the applicant was referred to the provider by a labour hire agency.
(2) As soon as practicable after making a decision about whether or not to engage an applicant as a residential care worker, the residential care provider must record the following information on the residential care workers register—
(a) the decision,
(b) if the decision is to not offer the applicant the position—the date the decision was made.
(3) A residential care provider must, as soon as practicable after engaging an applicant as a residential care worker, record on the residential care workers register the date the applicant commences work as a residential care worker.
(4) A residential care provider may, with a person’s consent, record the following information on the residential care workers register—
(a) the person’s gender,
(b) whether the person identifies as an Aboriginal person or a Torres Strait Islander person.
s 10: Am 2022 (379), Sch 1[3]; 2022 (480), Sch 1[2]–[5].
11
Residential care worker recommencing work within 12 months
11 Residential care worker recommencing work within 12 months
11 Residential care worker recommencing work within 12 months
(1) This section applies to a person if—
(a) a residential care provider intends to engage the person as a residential care worker, and
(b) the person was engaged as a residential care worker by the residential care provider within the previous 12 months.
(2) Before offering to engage the person, the residential care provider—
(a) must undertake a check to verify the person’s relevant details, and
(b) must check the residential care workers register to see if the person is a relevant individual for another residential care provider, and
(c) if the register indicates the person is a relevant individual for another residential care provider—must undertake a residential care provider check under section 8, and
(d) may undertake a nationwide criminal record check.
(3) The residential care provider must, as soon as practicable after engaging the person, record the following information on the residential care workers register—
(a) the type and date of each check undertaken under this section,
(b) the date the person recommenced work as a residential care worker with the provider.
s 11: Subst 2022 (480), Sch 1[6]. Am 2024 (486), Sch 1[2].
12
Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)
12 Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)
12 Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)
(1) This section applies to a residential care worker engaged by a residential care provider.
(2) The residential care provider must make a recording on the residential care workers register within 7 business days after becoming aware of a reportable allegation having been made about the residential care worker.
(3) The recording must specify—
(a) that the allegation was made, and
(b) the date the provider became aware of the allegation.
(4) The residential care provider must make a recording on the residential care workers register within 14 business days after—
(a) completing an investigation into a reportable allegation about the residential care worker, or
(b) becoming aware of the completion of an investigation into a reportable allegation about the residential care worker.
(5) The recording must specify—
(a) the outcome of the investigation, and
(b) the date the investigation was completed.
s 12: Subst 2022 (480), Sch 1[6].
13
Updating information on register—the Act, s 85(2)(b) and (c)
13 Updating information on register—the Act, s 85(2)(b) and (c)
13 Updating information on register—the Act, s 85(2)(b) and (c)
(1) A residential care provider must update information on the residential care workers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.
(2) The residential care provider must, as soon as practicable after updating the register, notify the relevant person that the information has been updated.
(3) A residential care provider must give a relevant person written notice of the reasons for not updating the residential care workers register if—
(a) the relevant person makes a written request to the provider to update the information, and
(b) the provider decides to not update the register because the information is not incomplete or incorrect.
(4) If a residential care provider is incapable of updating information on the residential care workers register as required by this section, the Children’s Guardian may—
(a) update the information on the register on the provider’s behalf, and
(b) notify both the person to whom the information relates and the provider that the information on the register was updated.
relevant person, for a residential care provider, means a person whose information the residential care provider is required to have access to under the Act, section 86(2).
s 13: Subst 2022 (480), Sch 1[6].
14
Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)
14 Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)
14 Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)
(1) A residential care provider must, within 14 business days after a person ceases to work as a residential care worker with the provider, update the residential care workers register—
(a) to record the date the person ceased work, and
(b) if the provider has relevant information to disclose about the person—to indicate the provider has relevant information to disclose.
(2) A residential care provider must, as soon as practicable after becoming aware of relevant information about a person currently engaged by the provider as a residential care worker, update the register to indicate the provider has relevant information to disclose.
s 14: Am 2022 (480), Sch 1[2]; 2024 (486), Sch 1[3] (am 2024 No 82, Sch 2.1).
14A
Advanced stage in a recruitment process
14A Advanced stage in a recruitment process
14A Advanced stage in a recruitment process
For the Act, section 85(3), definition of advanced stage, the stage in a recruitment process at which the residential care provider decides to conduct a referee check of the applicant is prescribed.
s 14A: Ins 2022 (379), Sch 1[4].
Part 3
Carers register—the Act, s 85(2)
Part 3 Carers register—the Act, s 85(2)
Part 3 Carers register—the Act, s 85(2)
pt 3: Subst 2022 (480), Sch 1[7].
15
Information to be recorded on carers register
15 Information to be recorded on carers register
15 Information to be recorded on carers register
Schedule 2 sets out the information a designated agency must record on the carers register.
s 15: Subst 2022 (480), Sch 1[7].
16
Information on carers register must be accurate
16 Information on carers register must be accurate
16 Information on carers register must be accurate
(1) A designated agency must update information on the carers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.
(2) The designated agency must, as soon as practicable after updating the register, notify the relevant person that the information has been updated.
(3) A designated agency must give a relevant person written notice of the reasons for not updating the carers register if—
(a) the relevant person makes a written request to the agency to update the information, and
(b) the agency decides to not update the register because the information is not incorrect or incomplete.
(4) If a designated agency is incapable of updating information on the register as required by this section, the Children’s Guardian may—
(a) update the information on the register on the agency’s behalf, and
(b) notify both the person to whom the information relates and the agency that the information was updated.
relevant person, for a designated agency, means the following—
(a) a carer (a relevant authorised carer) authorised by the designated agency to provide statutory out-of-home care or supported out-of-home care in a private capacity,
(b) a person who was formerly a relevant authorised carer,
(c) a person who has applied to be a relevant authorised carer,
(d) a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as a relevant authorised carer.
s 16: Ins 2022 (480), Sch 1[7].
17
General access to carers register
17 General access to carers register
17 General access to carers register
The Children’s Guardian may give access to information held on the carers register to the following—
(a) a designated agency, but only to the extent the information relates to a relevant person for the designated agency within the meaning of section 16,
(b) an accredited adoption service provider, but only to the extent the information relates to—
(i) a person whose suitability to be an adoptive parent is being, or has been, assessed by the accredited adoption service provider, or
(ii) a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as a person referred to in subparagraph (i),
(c) the parent of a child whose information is recorded on the register, but only to the extent the information relates to the child.
s 17: Ins 2022 (480), Sch 1[7].
18
Access to information about original decision or record
18 Access to information about original decision or record
18 Access to information about original decision or record
(1) The Children’s Guardian must ensure information held by the Children’s Guardian about a decision (the original decision) is not made available to a person if—
(a) the original decision was—
(i) to refuse to grant an authorisation as an authorised carer, or
(ii) to cancel an authorisation as an authorised carer, or
(iii) to suspend an authorisation as an authorised carer, and
(b) the original decision has been overturned by—
(i) a designated agency, or
(ii) a court, or
(iii) a tribunal.
(2) The Children’s Guardian must ensure a historical version of a record held by the Children’s Guardian is not made available to a person if the record has been subsequently changed by a designated agency and is a record of—
(a) the agency’s refusal to grant an authorisation as an authorised carer based on an agency specific policy about carer eligibility or suitability, or
(b) the agency’s concerns about the suitability of a person to care for, or reside on the same property as, a child following—
(i) the person withdrawing an application for an authorisation as an authorised carer, or
(ii) the person surrendering an authorisation as an authorised carer, or
(iii) cancellation of the person’s authorisation as an authorised carer, or
(c) concerns the agency had arising from an investigation into a reportable allegation.
(3) The Children’s Guardian may make an original decision or a historical version of a record available to the following—
(a) a designated agency if the designated agency made the original decision or historical version of the record,
(b) the Children’s Guardian,
(c) the Minister,
(d) the Ombudsman,
(e) the Secretary.
s 18: Ins 2022 (480), Sch 1[7].
Part 4
Out-of-home care
Part 4 Out-of-home care
Part 4 Out-of-home care
pt 4: Ins 2022 (480), Sch 1[7].
19
Application for accreditation—the Act, Sch 3A, s 4(2)(c)
19 Application for accreditation—the Act, Sch 3A, s 4(2)(c)
19 Application for accreditation—the Act, Sch 3A, s 4(2)(c)
(1) An application for accreditation as a designated agency must include a policy (a behaviour support policy) that—
(a) sets out behaviour support practices, including the giving of support and counselling, to be applied by authorised carers in the care, management and discipline of children under the supervisory responsibility of the applicant, and
(b) describes procedures for the use of physical restraint, including consent processes and reporting on the use of restraint, and
(c) recognises that the following are prohibited—
(i) physical coercion or physical punishment,
(ii) punishment in the form of immobilisation,
(iii) force-feeding or the deprivation of food,
(iv) punishment intended to humiliate or frighten a child.
(2) An application for accreditation as a designated agency must also include—
(a) a psychotropic drugs policy that sets out the steps the applicant will take on becoming aware that a psychotropic drug has been prescribed to a child in statutory out-of-home care, and
(b) a statement setting out the applicant’s views on the administration of psychotropic drugs to children.
(3) In this section—
psychotropic drug means medication—
(a) issued under a prescription of a medical practitioner, and
(b) that can affect cognition, perception, thinking, mood, behaviour or level of arousal by acting on the central nervous system.
s 19: Ins 2022 (480), Sch 1[7].
20
Notice of decision to grant or refuse accreditation—the Act, Sch 3A, s 6(5)
20 Notice of decision to grant or refuse accreditation—the Act, Sch 3A, s 6(5)
20 Notice of decision to grant or refuse accreditation—the Act, Sch 3A, s 6(5)
Written notice of a decision to grant or refuse accreditation as a designated agency must include the following—
(a) the reasons for the decision,
(b) the date the decision takes effect,
(c) conditions imposed on the accreditation by the Children’s Guardian,
(d) if accreditation is granted on the basis the applicant substantially satisfies the accreditation criteria—
(i) the criteria not satisfied, and
(ii) the reasons the criteria were not considered to be satisfied, and
(iii) that the criteria must be satisfied within 12 months after the accreditation is granted,
(e) how the applicant may apply for a review of the decision.
s 20: Ins 2022 (480), Sch 1[7].
21
Extension of period of accreditation—the Act, Sch 3A, s 11(4)
21 Extension of period of accreditation—the Act, Sch 3A, s 11(4)
21 Extension of period of accreditation—the Act, Sch 3A, s 11(4)
(1) The Children’s Guardian may extend the period of accreditation of a designated agency if satisfied—
(a) proposed legislative or other changes to the administration of out-of-home care, including to accreditation criteria, make the extension appropriate, or
(b) events beyond the control of the agency, including a natural disaster or a public health emergency, make it unreasonable to require the agency to renew the accreditation.
(2) The extension—
(a) must be given by written notice, and
(b) is for the period set out in the notice.
s 21: Ins 2022 (480), Sch 1[7].
22
Conditions of accreditation
22 Conditions of accreditation
22 Conditions of accreditation
For the Act, Schedule 3A, section 12(1)(a), the conditions in Schedule 3 are prescribed.
s 22: Ins 2022 (480), Sch 1[7].
23
Transfers to which Division applies
23 Transfers to which Division applies
23 Transfers to which Division applies
This Division applies to a transfer of accreditation under the Act, Schedule 3A, section 16 from a former agency to a new agency.
s 23: Ins 2022 (480), Sch 1[7].
24
Information to be provided
24 Information to be provided
24 Information to be provided
(1) The Children’s Guardian may, by written notice, require a former agency or new agency to provide information to the Children’s Guardian if the Children’s Guardian—
(a) is deciding whether to transfer accreditation, and
(b) reasonably requires the information to make the decision.
(2) The information must be provided in the way, and by the date, specified in the notice.
s 24: Ins 2022 (480), Sch 1[7].
25
Matters to be considered
25 Matters to be considered
25 Matters to be considered
(1) The Children’s Guardian must consider the following when deciding whether to transfer accreditation—
(a) whether suitable arrangements have been made to ensure continuity of care for children in out-of-home care provided by or arranged by the former agency,
(b) whether the transfer will prejudice legal proceedings or proposed legal proceedings to which the former agency is, or is likely to become, a party.
(2) The Children’s Guardian must refuse to transfer accreditation if the Children’s Guardian is of the opinion the transfer will not promote the best interests of children in out-of-home care.
(3) The Children’s Guardian may refuse to transfer accreditation if the former agency has failed to comply with a condition of accreditation.
(4) The Children’s Guardian must consult the Department before deciding whether to transfer accreditation.
s 25: Ins 2022 (480), Sch 1[7].
26
Notice of transfer
26 Notice of transfer
26 Notice of transfer
(1) The Children’s Guardian must give the former agency and the new agency written notice of the Children’s Guardian’s decision about the transfer of accreditation.
(2) The notice must set out the following—
(a) the decision,
(b) the reasons for the decision,
(c) if the transfer is approved—
(i) the date the transfer takes effect, and
(ii) the conditions applying to the transfer.
s 26: Ins 2022 (480), Sch 1[7].
27
Effect of transfer
27 Effect of transfer
27 Effect of transfer
(1) On the transfer taking effect—
(a) the former agency ceases to be accredited as a designated agency, and
(b) the new agency is accredited as a designated agency, and
(c) the new agency is accredited for the remainder of the period of the transferred accreditation, and
(d) a condition of the accreditation imposed by the Children’s Guardian and in force immediately before the transfer continues to apply unless varied or revoked by the Children’s Guardian, and
(e) the new agency is taken to have adopted the former agency’s policies, procedures and practice about the provision of out-of-home care, as in force immediately before the transfer, and
(f) an authorised carer, authorised by the former agency, whose authorisation was in force immediately before the transfer is taken to be authorised by the new agency.
(2) Anything concerning the provision of out-of-home care done by the former agency is taken to have been done by the new agency.
s 27: Ins 2022 (480), Sch 1[7].
28
Disclosure of information
28 Disclosure of information
28 Disclosure of information
Unless prohibited under an Act, the Children’s Guardian may disclose to a new agency information in the possession of the Children’s Guardian regarding the former agency.
s 28: Ins 2022 (480), Sch 1[7].
Division 3
Miscellaneous—the Act, s 184(1)
Division 3 Miscellaneous—the Act, s 184(1)
Division 3 Miscellaneous—the Act, s 184(1)
pt 4, div 3: Ins 2022 (480), Sch 1[7].
29
Designated agency ceasing to provide or arrange out-of-home care
29 Designated agency ceasing to provide or arrange out-of-home care
29 Designated agency ceasing to provide or arrange out-of-home care
(1) A designated agency must give the Children’s Guardian written notice if the agency ceases to—
(a) provide out-of-home care, or
(b) arrange out-of-home care.
(2) The notice must be given within 10 business days after the agency ceases to provide or arrange out-of-home care.
s 29: Ins 2022 (480), Sch 1[7].
30
Information about designated agencies to be publicly available
30 Information about designated agencies to be publicly available
30 Information about designated agencies to be publicly available
(1) The Children’s Guardian must ensure the following information about a designated agency is made publicly available on the Office of the Children’s Guardian’s website—
(a) the agency’s corporate and business names and ABN,
(b) whether the agency is provisionally accredited or fully accredited,
(c) the conditions imposed on the agency’s accreditation by the Children’s Guardian,
(d) the street and postal addresses of the agency’s principal office,
(e) the agency’s general telephone number and email address,
(f) the full name of the agency’s principal officer.
(2) The information—
(a) must be made available as soon as practicable after the agency is accredited, and
(b) must be kept up to date.
s 30: Ins 2022 (480), Sch 1[7].
30A
Code of practice for designated agencies
30A Code of practice for designated agencies
30A Code of practice for designated agencies
For the Act, section 8DA(1), the code of practice in Schedule 3A is prescribed for designated agencies.
s 30A: Ins 2024 (486), Sch 1[4].
Part 5
Regulation of specialised substitute residential care—the Act, s 8ZD
Part 5 Regulation of specialised substitute residential care—the Act, s 8ZD
Part 5 Regulation of specialised substitute residential care—the Act, s 8ZD
pt 5: Ins 2022 (480), Sch 1[7].
31
Child in specialised substitute residential care
31 Child in specialised substitute residential care
31 Child in specialised substitute residential care
(1) A designated agency must give written notice to the Children’s Guardian if the designated agency—
(a) provides or supervises specialised substitute residential care for a child, and
(b) becomes aware the child has been—
(i) in unsupervised care for more than a total of 90 days in a period of 12 months, or
(ii) in specialised substitute residential care, whether provided by the agency or another organisation, for more than a total of 180 days in a period of 12 months.
(2) The notice must be given as soon as practicable.
(3) In this section—
unsupervised care means specialised substitute residential care that is not provided or supervised by a designated agency.
s 31: Ins 2022 (480), Sch 1[7].
32
Case plans
32 Case plans
32 Case plans
A designated agency that prepares or reviews a case plan for a child in specialised substitute residential care must—
(a) within 5 business days after preparing or reviewing the plan, give the Children’s Guardian written notice of—
(i) the preparation or review of the plan, and
(ii) the date on which the preparation or review of the plan was completed, and
(b) if the plan does not meet the child’s needs—notify the Children’s Guardian as soon as practicable after becoming aware the plan does not meet the child’s needs, and
(c) keep the plan or review until the child is 18 years of age.
Record of entities that may provide or supervise specialised substitute residential care
33 Record of entities that may provide or supervise specialised substitute residential care
33 Record of entities that may provide or supervise specialised substitute residential care
(1) The Children’s Guardian may keep a record of the following—
(a) the names of entities providing or supervising specialised substitute residential care,
(b) the information about an entity providing or supervising specialised substitute residential care the Children’s Guardian considers appropriate for inclusion in the record.
(2) The record may be published on the Office of the Children’s Guardian’s website.
s 33: Ins 2022 (480), Sch 1[7].
34
Restricted access to register
34 Restricted access to register
34 Restricted access to register
The specialised substitute residential care register must only be made available to the following—
(a) a designated agency providing, or supervising, specialised substitute residential care for a child,
(b) an entity providing specialised substitute residential care for a child, if—
(ii) the entity has completed a self-assessment under Schedule 4, section 6,
(c) the Minister,
(d) a person who is employed by or in the Department,
(e) the Ombudsman,
(f) the Privacy Commissioner,
(g) an Official Community Visitor,
(h) the Commissioner of Police or another police officer holding the rank of inspector or above in the NSW Police Force, but only for the purpose of the investigation of a missing person or a possible criminal offence,
(i) the State Coroner or a Deputy State Coroner, but only in connection with a death or suspected death the Coroner or Deputy Coroner is investigating.
s 34: Ins 2022 (480), Sch 1[7].
35
Entity providing specialised substitute residential care
35 Entity providing specialised substitute residential care
35 Entity providing specialised substitute residential care
(1) An entity must, within 5 business days after a child commences specialised substitute residential care with the entity, enter on the specialised substitute residential care register—
(a) the following information about the child, unless the information is already on the register—
(i) the child’s full name and other names the child is or has been known by,
(ii) the child’s gender,
(iii) the child’s date and place of birth,
(iv) whether the child is an Aboriginal person or a Torres Strait Islander person,
(v) whether the child has a significant disability, and
(b) the name of the entity, and
(c) the date the specialised substitute residential care commenced, and
(d) if a case plan has been prepared for the child—the date the plan was prepared and each review date for the plan.
(2) The entity must, within 5 business days after the child finishes the specialised substitute residential care with the entity, enter on the specialised substitute residential care register the date the specialised substitute residential care ceased to be provided by the entity.
(3) If the entity does not have access to the specialised substitute residential care register under section 34(b), the reference in subsection (1) to 5 business days after a child commences specialised substitute residential care with the entity is taken to be a reference to the later of the following—
(a) 5 business days after a child commences specialised substitute residential care with the entity,
(b) 5 business days after the entity has access to the specialised substitute residential care register.
(4) In this section—
significant disability means a disability that—
(a) is attributable to 1 or more intellectual, psychiatric, sensory or physical impairments, and
(b) is permanent or likely to be permanent, and
(c) results in—
(i) significantly reduced capacity in 1 or more major life activities, including communication, learning, mobility, decision-making or self-care, and
(ii) the need for support, whether or not of an ongoing nature.
s 35: Ins 2022 (480), Sch 1[7].
36
Designated agency supervising specialised substitute residential care
36 Designated agency supervising specialised substitute residential care
36 Designated agency supervising specialised substitute residential care
A designated agency must, within 5 business days after a child commences specialised substitute residential care supervised by the designated agency, enter on the specialised substitute residential care register—
(a) the child’s full name and other names the child is or has been known by, and
(b) the name of the entity providing the specialised substitute residential care, and
(c) the designated agency’s name, and
(d) the date the supervision commenced.
s 36: Ins 2022 (480), Sch 1[7].
37
Children and parents may request details on register
37 Children and parents may request details on register
37 Children and parents may request details on register
(1) A person may apply to the Children’s Guardian for a copy of the information recorded on the specialised substitute residential care register about the person.
(2) If the person is a child, the application may be made by a parent of the child.
(3) The Children’s Guardian must give the information to the applicant as soon as practicable after the application is made.
s 37: Ins 2022 (480), Sch 1[7].
38
Children and parents may request correction of register
38 Children and parents may request correction of register
38 Children and parents may request correction of register
(1) A person may apply to the Children’s Guardian to update the specialised substitute residential care register to correct information about the person that is incorrect or incomplete.
(2) If the person is a child, the application may be made by a parent of the child.
(3) The Children’s Guardian must update the register if the Children’s Guardian is satisfied the information is incorrect or incomplete.
(4) The Children’s Guardian must give the applicant written notice of the reasons for not updating the register if the Children’s Guardian decides the information is not incorrect or incomplete.
s 38: Ins 2022 (480), Sch 1[7].
39
Code of practice
39 Code of practice
39 Code of practice
For the Act, section 8DA(1), the code of practice in Schedule 4 is prescribed for entities providing specialised substitute residential care.
s 39: Ins 2022 (480), Sch 1[7].
40
Supervision meetings
40 Supervision meetings
40 Supervision meetings
A designated agency supervising the provision of specialised substitute residential care by an entity must arrange supervision meetings with the entity at least once in each calendar month.
s 40: Ins 2022 (480), Sch 1[7].
Part 6
Adoption
Part 6 Adoption
Part 6 Adoption
pt 6: Ins 2022 (480), Sch 1[7].
41
Notice of decision to grant or refuse accreditation—the Act, Sch 3B, s 6(5)
41 Notice of decision to grant or refuse accreditation—the Act, Sch 3B, s 6(5)
41 Notice of decision to grant or refuse accreditation—the Act, Sch 3B, s 6(5)
Written notice of a decision to grant or refuse accreditation must include the following—
(a) the reasons for the decision,
(b) the date the decision takes effect,
(c) conditions imposed on the accreditation by the Children’s Guardian,
(d) if accreditation is granted on the basis the applicant substantially satisfies the accreditation criteria—
(i) the criteria not satisfied, and
(ii) the reasons the criteria were not considered to be satisfied, and
(iii) that the criteria must be satisfied within 12 months after the accreditation is granted,
(e) how the applicant may apply for a review of the decision.
s 41: Ins 2022 (480), Sch 1[7].
42
Extension of period of accreditation—the Act, Sch 3B, s 11(4)
42 Extension of period of accreditation—the Act, Sch 3B, s 11(4)
42 Extension of period of accreditation—the Act, Sch 3B, s 11(4)
(1) The Children’s Guardian may extend the period of accreditation of an accredited adoption service provider if satisfied—
(a) proposed legislative or other changes to the administration of adoption services, including to accreditation criteria, make the extension appropriate, or
(b) events beyond the control of the provider, including a natural disaster or a public health emergency, make it unreasonable to require the provider to renew the accreditation.
(2) The extension—
(a) must be given by written notice, and
(b) is for the period set out in the notice.
s 42: Ins 2022 (480), Sch 1[7].
43
Conditions of accreditation
43 Conditions of accreditation
43 Conditions of accreditation
For the Act, Schedule 3B, section 12(1)(a), the conditions in Schedule 5 are prescribed.
s 43: Ins 2022 (480), Sch 1[7].
44
Transfers to which Division applies
44 Transfers to which Division applies
44 Transfers to which Division applies
This Division applies to a transfer of accreditation under the Act, Schedule 3B, section 17 from a former organisation to a new organisation.
s 44: Ins 2022 (480), Sch 1[7].
45
Information to be provided
45 Information to be provided
45 Information to be provided
(1) The Children’s Guardian may, by written notice, require a former organisation or new organisation to provide information to the Children’s Guardian if the Children’s Guardian—
(a) is deciding whether to transfer accreditation, and
(b) reasonably requires the information to make the decision.
(2) The information must be provided in the way, and by the date, specified in the notice.
s 45: Ins 2022 (480), Sch 1[7].
46
Matters to be considered
46 Matters to be considered
46 Matters to be considered
(1) The Children’s Guardian must consider the following when deciding whether to transfer accreditation—
(a) whether suitable arrangements have been made to ensure continuity of adoption services provided by the former organisation,
(b) whether the transfer will prejudice legal proceedings or proposed legal proceedings to which the former organisation is, or is likely to become, a party.
(2) The Children’s Guardian may refuse to transfer accreditation if the former organisation has failed to comply with a condition of accreditation.
(3) The Children’s Guardian must, before deciding whether to transfer accreditation, consult with—
(1) The Children’s Guardian must give the former organisation and the new organisation written notice of the Children’s Guardian’s decision about the transfer of accreditation.
(2) The notice must set out the following—
(a) the decision,
(b) the reasons for the decision,
(c) if the transfer is approved—
(i) the date the transfer takes effect, and
(ii) the conditions applying to the transfer.
s 47: Ins 2022 (480), Sch 1[7].
48
Effect of transfer
48 Effect of transfer
48 Effect of transfer
(1) On the transfer taking effect—
(a) the former organisation ceases to be accredited as an adoption service provider, and
(b) the new organisation is accredited as an adoption service provider, and
(c) the new organisation is accredited for the remainder of the period of the transferred accreditation, and
(d) a condition of the accreditation imposed by the Children’s Guardian and in force immediately before the transfer continues to apply unless varied or revoked by the Children’s Guardian, and
(e) the new organisation is taken to have adopted the former organisation’s policies, procedures and practice about the provision of adoption services, as in force immediately before the transfer.
(2) Anything concerning the provision of adoption services done by the former organisation is taken to have been done by the new organisation.
s 48: Ins 2022 (480), Sch 1[7].
49
Disclosure of information
49 Disclosure of information
49 Disclosure of information
Unless prohibited under an Act, the Children’s Guardian may disclose to a new organisation information in the possession of the Children’s Guardian regarding the former organisation.
s 49: Ins 2022 (480), Sch 1[7].
50
Accredited adoption service provider ceasing to provide adoption services—the Act, s 184(1)
50 Accredited adoption service provider ceasing to provide adoption services—the Act, s 184(1)
50 Accredited adoption service provider ceasing to provide adoption services—the Act, s 184(1)
(1) An accredited adoption service provider must give the Children’s Guardian written notice if the provider ceases to provide adoption services.
(2) The notice must be given within 10 business days after the provider ceases to provide adoption services.
(3) As soon as practicable after the provider ceases to provide adoption services, the provider must ensure records kept by the provider under the Act, this Regulation or the Adoption Act 2000 are given to the Secretary.
s 50: Ins 2022 (480), Sch 1[7].
51
Information about accredited adoption service providers to be publicly available—the Act, s 184(1)
51 Information about accredited adoption service providers to be publicly available—the Act, s 184(1)
51 Information about accredited adoption service providers to be publicly available—the Act, s 184(1)
(1) The Children’s Guardian must ensure the following information about an accredited adoption service provider is made publicly available on the Office of the Children’s Guardian’s website—
(a) the provider’s corporate and business names and ABN,
(b) whether the provider is provisionally accredited or fully accredited,
(c) the adoption services the provider is accredited to provide,
(d) the conditions imposed on the provider’s accreditation by the Children’s Guardian,
(e) the duration of the provider’s accreditation,
(f) the street and postal addresses of the provider’s principal office,
(g) the provider’s general telephone number and email address,
(h) the full name of the provider’s principal officer.
(2) The information—
(a) must be made available as soon as practicable after the provider is accredited, and
(b) must be kept up to date.
s 51: Ins 2022 (480), Sch 1[7].
51A
Code of practice for adoption service providers
51A Code of practice for adoption service providers
51A Code of practice for adoption service providers
For the Act, section 8DA(1), the code of practice in Schedule 3A is prescribed for adoption service providers.
s 51A: Ins 2024 (486), Sch 1[5].
Part 7
Child employment
Part 7 Child employment
Part 7 Child employment
pt 7: Ins 2022 (480), Sch 1[7].
52
Definitions
52 Definitions
52 Definitions
In this Part—
arts student means a person enrolled in a tertiary course in film, television, radio, theatre or photography—
(a) accredited by the Australian Skills Quality Authority, or
(b) at a university.
employer’s exemption—
(a) has the same meaning as in the Act, section 94(1)(b), and
(b) to avoid doubt, includes a performer representative exemption.
performer representative exemption means an exemption granted by section 55(1)(a).
preparatory activity means activities connected to a child’s employment in an activity for which an employer’s authority is required, including rehearsals, wardrobe fittings, publicity activities and the making of sound recordings.
s 52: Ins 2022 (480), Sch 1[7]. Am 2022 (731), Sch 1[2].
53
Persons taken to employ children—the Act, s 91(a)
53 Persons taken to employ children—the Act, s 91(a)
53 Persons taken to employ children—the Act, s 91(a)
(1) Children taking part in an activity regulated by an employer’s authority are taken to be employed by a person responsible for directing the children in the activity if—
(a) the person pays, or agrees to pay, another person for at least 1 child taking part in the activity, or
(b) the person is an arts student and the activity occurs as a requirement of the person’s studies.
(2) Performer representatives for children are taken to employ the children they represent.
(3) In this section—
pay includes conferring a material benefit on a person.
s 53: Ins 2022 (480), Sch 1[7].
54
Meaning of “relevant activity”
54 Meaning of “relevant activity”
54 Meaning of “relevant activity”
For the Act, section 90(1), definition of relevant activity, paragraph (c), the following activities are prescribed—
(a) a preparatory activity,
(b) a still photographic session,
(c) modelling work,
(d) promotional work,
(e) performance art,
(f) public speaking.
s 54: Ins 2022 (480), Sch 1[7]. Am 2025 No 46, Sch 2[1] [2].
55
Exemption from requirement to hold employer’s authority
55 Exemption from requirement to hold employer’s authority
55 Exemption from requirement to hold employer’s authority
(1) For the Act, section 93(1)(c), the following persons are exempt from the requirement to hold an employer’s authority—
(a) a person who only acts as the performer representative of a child,
(b) a person who employs a child who is—
(i) at least 10 years of age, and
(ii) only employed outside school hours, and
(iii) employed for no more than 10 hours per week.
(2) For the Act, section 102(4)(b), the Children’s Guardian may revoke an exemption granted by this section.
s 55: Ins 2022 (480), Sch 1[7].
56
Condition of employer’s authority or exemption—the Act, ss 97(1)(a) and 102(5)
56 Condition of employer’s authority or exemption—the Act, ss 97(1)(a) and 102(5)
56 Condition of employer’s authority or exemption—the Act, ss 97(1)(a) and 102(5)
It is a condition of an employer’s authority and an employer’s exemption that the employer must give the Children’s Guardian information about the employment of children by the employer that the Children’s Guardian reasonably requires.
s 56: Ins 2022 (480), Sch 1[7]. Subst 2022 (731), Sch 1[3].
57
Fee for employer’s authority—the Act, s 94(2)(b)
57 Fee for employer’s authority—the Act, s 94(2)(b)
57 Fee for employer’s authority—the Act, s 94(2)(b)
(1) The prescribed fee for an application for an employer’s authority is—
(a) for a still photographic session—
| Duration of authority | Fee |
| More than 6 months and up to 12 months | $1,075 |
| More than 3 months and up to 6 months | $914 |
| More than 1 week and up to 3 months | $806 |
| 1 week or less | $100 |
(b) otherwise—
| Duration of authority | Fee |
| More than 6 months and up to 12 months | $2,400 |
| More than 3 months and up to 6 months | $2,040 |
| More than 1 week and up to 3 months | $1,830 |
| 1 week or less | $200 |
(2) An arts student is not required to pay a fee for an employer’s authority.
s 57: Ins 2022 (480), Sch 1[7].
58
Code of Practice
58 Code of Practice
58 Code of Practice
(1) For the Act, section 97(1B), the Code of Practice in Schedule 6 is prescribed.
(2) It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must—
(a) comply with the Code of Practice, and
(b) use the employer’s best endeavours to ensure all adults employed by the employer comply with the Code of Practice.
(3) It is a condition of a performer representative exemption that the performer representative must—
(a) comply with the Code of Practice, sections 3–5, and
(b) use the performer representative’s best endeavours to ensure all adults employed by the performer representative comply with the Code of Practice, sections 3–5, and
(c) not cause or procure a child to be employed if the performer representative knows, or would reasonably be expected to know, the child will be employed in contravention of the Code of Practice, section 26(1), (4) or (6).
(4) It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must ensure a copy of 1 of the following is given to the parent of a child before the child commences employment with the employer—
(a) the Code of Practice,
(b) a document, approved by the Children’s Guardian, that explains the Code of Practice.
s 58: Ins 2022 (480), Sch 1[7]. Am 2022 (731), Sch 1[4]–[6].
59
Code of conduct—the Act, s 97(1)(a)
59 Code of conduct—the Act, s 97(1)(a)
59 Code of conduct—the Act, s 97(1)(a)
(1A) It is a condition of an employer’s authority and an employer’s exemption, other than a performer representative exemption, that the employer must comply with this section.
(1) The employer must prepare a code of conduct addressing the safety and welfare of children employed by the employer.
(2) The employer’s code of conduct must be prepared in accordance with guidelines approved by the Children’s Guardian.
(3) An employer must provide a copy of the code of conduct to each of the following persons before the person has contact with a child employed by the employer—
(a) a person employed by the employer,
(b) a parent of each child employed by the employer.
s 59: Ins 2022 (480), Sch 1[7]. Am 2022 (731), Sch 1[7] [8].
59A
Offence—failure to comply with employer’s exemption condition
59A Offence—failure to comply with employer’s exemption condition
59A Offence—failure to comply with employer’s exemption condition
An employer must not fail to comply with a condition of an employer’s exemption.
Maximum penalty—50 penalty units.
Note—
Employment of a child in contravention of a condition of an employer’s authority is also an offence—see the Act, section 97(2).
s 59A: Ins 2022 (731), Sch 1[9].
Part 8
Miscellaneous
Part 8 Miscellaneous
Part 8 Miscellaneous
pt 8: Ins 2022 (480), Sch 1[7].
60
Head of relevant entity
60 Head of relevant entity
60 Head of relevant entity
For the Act, section 17(1)(b), the following persons are prescribed as the head of a relevant entity—
(a) for an adult who, under the Child Protection (Working with Children) Act 2012, section 10, 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—the head of the relevant entity that authorised the authorised carer with whom the adult resides,
(b) for the Cancer Institute (NSW) constituted by the Cancer Institute (NSW) Act 2003—the Secretary of the Ministry of Health,
(c) for the NSW Health Service, as referred to in the Health Services Act 1997, section 115—the Secretary of the Ministry of Health.
s 60: Ins 2022 (480), Sch 1[7].
61
Subdelegation of functions
61 Subdelegation of functions
61 Subdelegation of functions
For the Act, section 133(3)(b), the head of a government sector agency, within the meaning of the Government Sector Employment Act 2013, section 3(1), is prescribed.
s 61: Ins 2022 (480), Sch 1[7].
62
Disclosure of information about reportable allegation or reportable conviction
62 Disclosure of information about reportable allegation or reportable conviction
62 Disclosure of information about reportable allegation or reportable conviction
For the Act, section 57(4)(b)(viii), a person, other than the Minister or the Secretary, is prescribed if the person had parental responsibility for a child immediately before—
(a) the child was placed in out-of-home care, or
(b) the Children’s Court made an order allocating parental responsibility for the child.
s 62: Ins 2022 (480), Sch 1[7].
63
Direction to give information to Children’s Guardian—the Act, s 180(7)
63 Direction to give information to Children’s Guardian—the Act, s 180(7)
63 Direction to give information to Children’s Guardian—the Act, s 180(7)
Information directed to be given to the Children’s Guardian under the Act, section 180(1)(b) must be written and in the form specified by the Children’s Guardian.
s 63: Ins 2022 (480), Sch 1[7].
64
Restriction on inspection of documents—the Act, s 114(1)
64 Restriction on inspection of documents—the Act, s 114(1)
64 Restriction on inspection of documents—the Act, s 114(1)
Records made in connection with the administration or execution of the Act, Part 7 are open to inspection by, and may be made available to, the following—
(a) officers of the Children’s Court,
(b) the Secretary,
(c) the principal officer of an accredited adoption service provider, for proceedings involving the service provider,
Procedure and criteria for exempting conduct from notification
65 Procedure and criteria for exempting conduct from notification
65 Procedure and criteria for exempting conduct from notification
(1) For the Act, section 30(2)(a), the Children’s Guardian must consult on the proposed exemption with persons or other bodies that, in the Children’s Guardian’s opinion, are relevant, including the following—
(a) the relevant entity intended to be subject to the exemption,
(b) if applicable—the relevant regulator or the representative body of the relevant entity.
(2) For the Act, section 30(2)(b), the prescribed criteria a relevant entity must satisfy for a class or kind of conduct of its employees to be exempt is that—
(a) the relevant entity has—
(i) systems and practices that comply with the Act, section 54(2) for identifying and responding to reportable allegations and convictions, and
(ii) a consistent record of identifying and responding to reportable allegations and convictions in accordance with the Act, or
(b) the relevant entity must be required to report the class or kind of conduct of its employees to a relevant regulator, or
(c) the relevant entity must be a member of a representative body that provides advice, guidance and support on matters under the reportable conduct scheme.
(3) In this section—
relevant regulator means a body, other than the Children’s Guardian, that, under a State, Territory or Commonwealth law—
(a) the relevant entity must notify in relation to reports about the class or kind of conduct proposed to be exempted, and
(b) must respond, or oversee the relevant entity’s response, to the class or kind of conduct proposed to be exempted.
representative body means a body that—
(a) is an organisation of which the relevant entity is a member, and
(b) provides advice, support and guidance to the relevant entity on matters under the reportable conduct scheme.
s 65: Ins 2024 (486), Sch 1[6].
Schedule 1
Savings and transitional provisions
Schedule 1 Savings and transitional provisions
Schedule 1 Savings and transitional provisions
sch 1: Am 2022 (480), Sch 1[8]–[16].
Schedule 2
Information to be recorded on carers register
Schedule 2 Information to be recorded on carers register
Schedule 2 Information to be recorded on carers register
section 15
sch 2 (as originally made): Am 2022 (379), Sch 1[5]; 2022 (480), Sch 1[17] [18]. Renumbered as Sch 8, 2022 (480), Sch 1[19].
sch 2: Ins 2022 (480), Sch 1[20].
Schedule 3
Conditions of accreditation—designated agencies
Schedule 3 Conditions of accreditation—designated agencies
Schedule 3 Conditions of accreditation—designated agencies
section 22
sch 3: Ins 2022 (480), Sch 1[20].
Schedule 3A
Code of practice for designated agencies and adoption service providers
Schedule 3A Code of practice for designated agencies and adoption service providers
Schedule 3A Code of practice for designated agencies and adoption service providers
sections 30A and 51A
sch 3A: Ins 2024 (486), Sch 1[7].
Division 4
Practice requirement 3—participation of family and community
Division 4 Practice requirement 3—participation of family and community
Division 4 Practice requirement 3—participation of family and community
Division 5
Practice requirement 4—meeting individual needs of children
Division 5 Practice requirement 4—meeting individual needs of children
Division 5 Practice requirement 4—meeting individual needs of children
Division 6
Practice requirement 5—persons who work with and care for children are suitable and supported
Division 6 Practice requirement 5—persons who work with and care for children are suitable and supported
Division 6 Practice requirement 5—persons who work with and care for children are suitable and supported
Division 7
Practice requirement 6—child protection and child safety
Division 7 Practice requirement 6—child protection and child safety
Division 7 Practice requirement 6—child protection and child safety
Division 8
Practice requirement 7—providing safe and suitable care environments
Division 8 Practice requirement 7—providing safe and suitable care environments
Division 8 Practice requirement 7—providing safe and suitable care environments
Division 9
Practice requirement 8—quality assurance and continuous improvement
Division 9 Practice requirement 8—quality assurance and continuous improvement
Division 9 Practice requirement 8—quality assurance and continuous improvement
Schedule 4
Code of practice for entities providing specialised substitute residential care
Schedule 4 Code of practice for entities providing specialised substitute residential care
Schedule 4 Code of practice for entities providing specialised substitute residential care
section 39
sch 4: Ins 2022 (480), Sch 1[20]. Am 2024 (486), Sch 1[8].
Schedule 5
Conditions of accreditation—adoption service providers
Schedule 5 Conditions of accreditation—adoption service providers
Schedule 5 Conditions of accreditation—adoption service providers
section 43
sch 5: Ins 2022 (480), Sch 1[20]. Am 2024 (486), Sch 1[9].
Schedule 6
Code of Practice—child employment
Schedule 6 Code of Practice—child employment
Schedule 6 Code of Practice—child employment
section 58
sch 6: Ins 2022 (480), Sch 1[20]. Am 2022 (731), Sch 1[10]; 2025 No 46, Sch 2[3].
Schedule 7
Penalty notice offences
Schedule 7 Penalty notice offences
Schedule 7 Penalty notice offences
| Column 1 | Column 2 |
| Provision | Penalty |
| Offences under the Act |
| Section 8DA(5) | $550 |
| Section 8V(2) | $275 |
| Section 29(4) | $550 |
| Section 36(1) | $550 |
| Section 36(2) | $550 |
| Section 92(1)–(3) | $5,500 |
| Section 97(2) for breach of the condition in this Regulation, section 58 relating to— | |
| (a) Schedule 6, sections 3–6, 8, 12–14 and 23 | $110 |
| (b) Schedule 6, sections 7, 9, 10, 15, 19 and 20 | $1,100 |
| (c) Schedule 6, sections 11, 21 and 22 | $550 |
| (d) Schedule 6, sections 16 and 17 | $220 |
| (e) Schedule 6, sections 26–28 | $330 |
| Section 97(2) for breach of the condition in this regulation, section 58(4) | $110 |
| Section 97(2) for breach of the condition in this Regulation, section 59 | $110 |
| Section 152F(1)— | |
| (a) for a corporation | $5,500 |
| (b) otherwise | $1,100 |
| Section 152J(1)— | |
| (a) for a corporation | $11,000 |
| (b) otherwise | $2,200 |
| Section 161(1) | $550 |
| Section 169(1) | $550 |
| Section 180(2) | $550 |
| Schedule 2, clause 15(1) | $550 |
| Schedule 2, clause 16(1) | $550 |
| Schedule 2, clause 18 | $550 |
| Schedule 2, clause 29(2) | $550 |
| Schedule 2, clause 29(3) | $3,300 |
| Offences under this Regulation |
| Section 59A for failure to comply with the condition in section 58(2) relating to— | |
| (a) Schedule 6, sections 3–6, 8, 12–14 and 23 | $110 |
| (b) Schedule 6, sections 7, 9, 10, 15, 19 and 20 | $1,100 |
| (c) Schedule 6, sections 11, 21 and 22 | $550 |
| (d) Schedule 6, sections 16 and 17 | $220 |
| (e) Schedule 6, sections 26–28 | $330 |
| Section 59A for failure to comply with the condition in section 58(3)(a) or (b) | $110 |
| Section 59A for failure to comply with the condition in section 58(3)(c) | $330 |
| Section 59A for failure to comply with the condition in section 58(4) | $110 |
| Section 59A for failure to comply with the condition in section 59 | $110 |
sch 7: Ins 2022 (480), Sch 1[20]. Am 2022 (731), Sch 1[11]; 2024 (486), Sch 1[10]–[12].
Schedule 8
Dictionary
Schedule 8 Dictionary
Schedule 8 Dictionary
section 3
applicant means a person who has applied to be a residential care worker.
application number, for Schedule 2—see Schedule 2, section 1.
arts student, for Part 7—see section 52.
carers register means the register kept under the Act, section 85(1)(a).
case plan means the plan under the Act, section 8ZA(2).
caseworker means a person who—
(a) is employed by, or in, the Department to develop or implement case management plans for children, and
(b) provides statutory out-of-home care or supported out-of-home care only—
(i) outside the person’s primary duties, and
(ii) at a place where accommodation is provided on a temporary basis.
centre-based care, for Schedule 4—see Schedule 4, section 1.
commencement day, for Schedule 1—see section 1.
continuing residence approval, for Schedule 2—see Schedule 2, section 1.
critical event, for Schedule 3A—see Schedule 3A, section 1.
domestic adoption services, for Schedule 5—see Schedule 5, section 1.
existing worker, for Schedule 1—see section 1.
intercountry adoption services means adoption services provided in connection with the adoption of children who are not Australian citizens and who have been brought into Australia, or are proposed to be brought into Australia—
(a) to be adopted under the laws of Australia, or
(b) for an adoption under the laws of a foreign country being recognised under the laws of Australia.
labour hire agency means a person who on a commercial basis provides services for finding work for individuals.
parent’s nominee, for Schedule 6—see Schedule 6, section 2.
performer representative, for Part 7—see section 52.
preparatory activity, for Part 7—see section 52.
register means the residential care workers register that may be kept by the Children’s Guardian under the Act, section 85(1)(b).
relevant authorised carer has the same meaning as in the Act, section 85(1B)(a).
relevant individual, for a residential care provider, means a person about whom the residential care provider has recorded on the residential care workers register that there is relevant information to disclose.
relevant information, about an applicant or residential care worker, means information relating to the safety, welfare or wellbeing of children.
relevant legislation, for Schedule 4—see Schedule 4, section 1.
relevant resident means a person, other than a child in out-of-home care, who resides for more than 21 days on the same property as—
(a) a relevant authorised carer, or
(b) a person who has applied to be a relevant authorised carer.
residential setting means—
(a) a home, managed by a designated agency, or
(b) a place where accommodation is provided on a temporary basis.
specialised substitute residential care register means the register kept under the Act, section 85(1)(c).
staff, of an entity providing specialised substitute residential care, a designated agency or an adoption service provider (an entity), includes—
(a) a member of the governing body of the entity, and
(b) a person engaged, whether or not the person is paid, to provide or assist in providing, or otherwise in connection with the provision of, services by the entity.
This Regulation is the Children’s Guardian Regulation 2022.
2 Commencement
2 Commencement
2 Commencement
(1) Subject to subsection (2), this Regulation commences on the day on which it is published on the NSW legislation website.
(2) Part 2 and Schedule 1 commence on 18 July 2022.
3 Definitions
3 Definitions
3 Definitions
The Dictionary in Schedule 8 defines certain terms used in this Regulation.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
s 3: Am 2022 (480), Sch 1[1].
4 Residential care workers
4 Residential care workers
4 Residential care workers
(1) For the Act, definition of residential care worker, paragraph (b) the following persons are prescribed—
(a) a person who provides security services in a residential setting for a residential care provider,
(b) a person who spends 60% or more of the time the person works for a residential care provider in a residential setting doing the following—
(i) developing or implementing case management plans for children in statutory out-of-home care or supported out-of-home care,
(ii) providing administrative support.
(2) The provisions of this regulation relating to the residential care workers register do not apply to a person who—
(a) is authorised or provisionally authorised as an authorised carer under the Children and Young Persons (Care and Protection) Regulation 2022, section 18 or 19, and
(b) only provides statutory out-of-home care or supported out-of-home care in a private capacity.
transitional and savings arrangements for registers and existing workers (Schedule 1);
a schedule of penalty notice offences and prescribed penalty amounts (Schedule 7) and a statutory offence for failing to comply with conditions of an employer’s exemption (s 59A).
Mechanically, the instrument sets specific deadlines (for example, recording reportable allegations within 7 business days, investigations recorded within 14 business days, emergency authorisation notices within 72 hours,ss 6, 12) and prescribes forms and approved templates where indicated (for example, provider-to-provider checks on the form approved by the Children’s Guardian, s 8; self-assessments in a form approved, Schedule 4 s 6). It also maps the code of practice practice requirements to named Child Safe Standards (Schedule 3A s 15).
The Regulation explicitly ties many requirements to other statutes and frameworks: the Child Protection (Working with Children) Act 2012 (working with children check information and continuing residence approvals, Schedule 2 s 1; and the exemption/verification regimes), the National Disability Insurance Scheme Acts (Schedule 4 references, reporting of NDIS incidents, Schedule 4 s 26), the Adoption Act 2000 (applicant definitions and accreditation interaction, Part 6), the Education Act (schooling limits in the child employment Code, Schedule 6 s 11) and the State Records Act for record-keeping obligations (Schedule 4 s 32 note; Schedule 4 Part 7 s 24).
The Regulation therefore translates broad statutory duties into concrete operational requirements: who must do what, by when, what must be recorded, what may be publicly published and the penalty amounts that may be issued by penalty notice.
Main concepts
The Regulation rests on a small number of recurring mechanistic concepts that determine duties, disclosure, and enforcement.
Registers and records: Three primary registers are in focus. The residential care workers register (Part 2 Div 2) is used by residential care providers to record recruitment checks, criminal checks, WWCC (working with children check) information, referee check outcomes and reportable allegations (ss 9-14). The carers register (Part 3; Schedule 2) is kept by designated agencies and captures detailed information about authorised carers, applicants, relevant residents and reportable allegations (Schedule 2). The specialised substitute residential care register (Part 5 Div 2, ss 34-36, 35(1)) records placements, dates and certain child information and has restricted access (s 34). Record accuracy, correction and update obligations are repeatedly required (see ss 13, 16; Schedule 2).
Checks and suitability assessment: Before referee checks or engagement residential care providers must verify relevant details, run a nationwide criminal record check and consult registers and other providers (s 9). Suitability assessments for carers are defined by an external regulation (Children and Young Persons (Care and Protection) Regulation 2022, referenced in Schedule 2) but the Regulation prescribes which pieces of information must be recorded following those checks (Schedule 2 ss 2-4).
Time-limited notifications and reporting: Multiple provisions set strict timeframes. Examples include: emergency authorisation notices within 72 hours (s 6(2)); reportable allegation entries on registers within 7 business days and investigation outcomes within 14 business days (s 12; Schedule 2 cl 5); designated agency notifications of ceasing to provide out-of-home care within 10 business days (Schedule 3 cl 29); and carers register entries within 14 business days after the relevant event (Schedule 2 generally).
Accreditation and transfer: Accreditation applications must include behaviour support and psychotropic drug policies (s 19). The Children’s Guardian has structured decision and notice obligations when granting or refusing accreditation (ss 20, 41) and explicit criteria and procedural steps apply to transfers of accreditation from one agency or organisation to another (ss 23-28; ss 44-49).
Mapping to Child Safe Standards and codes: A statutory code of practice is prescribed (Schedule 3A) and the schedule maps discrete “practice requirements” to specific Child Safe Standards (Schedule 3A s 15). Separate, sector-specific codes also exist (Schedule 4 for specialised substitute residential care; Schedule 6 for child employment).
Limits and exemptions: The instrument defines classes of persons for register and checking purposes (s 4), exempts emergency authorisations from Division 2 checks while imposing notification duties (s 6), prescribes employer exemptions for limited employment contexts (s 55), exempts arts students from employer’s authority fees (s 57(2)) and prescribes procedures for exempting classes of conduct from notification under the reportable conduct scheme (s 65).
These concepts convert policy aims into compliance mechanics: checks, formal records, standardised policies and mapping to Child Safe Standards, with timelines and notice requirements intended to produce auditable processes.
Who it affects
The Regulation imposes duties and creates access rights that reach a defined set of public and private actors. Key affected parties and how they are affected follow.
Residential care providers: Primary duty-holders for the residential care workers register (Part 2). They must run verification, criminal and register checks before referee checks (s 9), record specified personal, WWCC and check outcome information on the register (s 10), record reportable allegations and outcomes within set timeframes (s 12), update the register when information is incorrect or when workers leave (ss 13-14), and follow limited exceptions (ss 6, 7, 11). They must use Children’s Guardian-approved forms for provider-to-provider checks (s 8). Transitional obligations apply to existing workers (Schedule 1 cl 3).
Designated agencies: Have duties as accreditees and as keepers/contributors to the carers register (Part 3; Schedule 2). They must record detailed carer and resident information (Schedule 2 ss 2-4), update and notify persons about changes (s 16), provide access to carers register information to specified parties (s 17), and comply with accreditation conditions and codes (Schedule 3/3A). They must notify the Children’s Guardian and Secretary of specified changes quickly (Schedule 3 cll 11-12; Schedule 5 cll 9-10).
Children’s Guardian: The regulator that administers the registers, prescribes forms, makes information publicly available about accredited providers (s 30; s 51), approves codes (s 30A; s 51A), receives notifications and may update registers where a provider cannot (s 13(4); s 16(4)). The Children’s Guardian also decides accreditation decisions and transfers and must give written reasons (ss 20, 26, 41, 47).
The Secretary and Department staff: Prescribed as persons who may deal with register information for keeping the register (s 5), and are consulted in accreditation transfer decisions (Schedule 3 cl 25(4); Schedule 5 cl 46(3)(a)). Designated agencies must provide information on request to the Secretary (Schedule 3 cl 7(1)(a), Schedule 5 cl 7).
Entities providing specialised substitute residential care: Subject to the specialised substitute residential care code (Schedule 4). They must register commencement and cessation of care on the specialised substitute residential care register within five business days (ss 35-36), complete intake and case planning requirements (Schedule 4 Parts 3-5), hold records and provide parents copies of some records (Schedule 4 Part 7 s 24), and arrange supervision meetings (s 40).
Adoption service providers: Accreditation conditions and reporting obligations (Part 6, Schedule 5), public information obligations (s 51), and adherence to the code of practice (Schedule 3A).
Employers of children (including performer representatives, labour-hire intermediaries and arts students): Must obtain employer’s authorities unless exempt (Part 7 Div 2), pay prescribed fees for employer’s authorities (s 57) unless an arts student (s 57(2)), comply with the Code of Practice in Schedule 6 (s 58), and meet record-keeping and incident reporting duties (Schedule 6 ss 3-6). There is a specific offence for failing to comply with conditions of an employer’s exemption (s 59A).
Parents and children: Have rights to request copies of information on the specialised substitute residential care register and to request corrections (ss 37-38). Parents are involved in placement decision confirmations, must be given particular documents before children commence employment (Schedule 6 s 58(4)), and are the persons to whom entities must give records in specialised substitute residential care (Schedule 4 s 24(2)).
Police, Coroner, Ombudsman, NDIS Commission and other oversight bodies: Have restricted access to the specialised substitute residential care register for specified purposes (s 34); entities must report NDIS reportable incidents to the NDIS Quality and Safeguards Commission (Schedule 4 s 26).
Labour hire agencies and referrers: The register requires recording whether an applicant was referred by a labour hire agency (s 10(1)(f)), which may affect transparency and auditing of referral pathways.
Who pays and bears compliance cost: residential care providers, designated agencies, entities providing specialised substitute residential care and employers of children will bear administrative and compliance costs: conducting checks and criminal record searches, recording data into registers within the prescribed windows, completing codes and policies required for accreditation (for example behaviour support policies at s 19), paying application fees (s 57), maintaining records for statutory retention periods (Schedule 6 s 3), and cooperating with audits and self-assessments (Schedule 4 s 6).
Who decides: the Children’s Guardian exercises a significant discretionary and administrative gatekeeping role,approving forms, receiving and updating registers (including updating on an agency’s behalf where they cannot, ss 13(4), 16(4)), granting and conditioning accreditation (ss 20, 22), publishing registers and provider details publicly (ss 30, 51), and determining access and disclosure (ss 17, 18, 28, 34). The Secretary also has a role in decisions tied to Department duties and must be consulted on transfers (Schedule 3 cl 25(4); Schedule 5 cl 46(3)(a)).
Key duties and rights
This section sets out principal positive and negative obligations and the concrete rights created by the Regulation, with section pointers.
Residential care providers , recruitment and register duties
Before conducting a referee check, providers must verify an applicant’s relevant details, undertake a nationwide criminal record check, search the residential care workers register to see if the applicant is a relevant individual for another provider and if so undertake a provider-to-provider check (s 9(1)(a)-(d)). Providers may omit repeat checks if satisfactory checks were done in the previous 12 months (s 9(2)).
Providers must record specified personal data, WWCC details (including number and expiry), check dates and outcomes, whether the applicant was referred by a labour hire agency, and later record engagement decisions and commencement dates on the register (s 10(1)-(3)). Providers may record gender and Indigenous identity with consent (s 10(4)).
Providers must record reportable allegations on the residential care workers register within 7 business days of becoming aware, and investigation outcomes within 14 business days of completion/awareness (s 12). Providers must update incorrect information as soon as practicable and notify the relevant person (s 13(1)-(2)). If a provider refuses to update following a written request they must give written reasons (s 13(3)).
Designated agencies and carers register
Designated agencies must enter detailed information about authorised carers, applicants and relevant residents within 14 business days after specified events (Schedule 2 ss 2-4). This includes WWCC status information (Schedule 2 s 1 definition).
Designated agencies must record reportable allegations on the carers register within 7 business days and the outcome within 14 business days (Schedule 2 cl 5).
Children’s Guardian’s duties and rights
The Children’s Guardian may give access to carers register information to specified persons and must ensure that certain original decisions or historical records that have been overturned or changed are not made available to general persons, while allowing specified public authorities access (ss 17-18). The Children’s Guardian must make certain provider contact and accreditation details publicly available on the Office’s website (ss 30, 51).
Accreditation and conditions
Applicants for designated agency accreditation must include a behaviour support policy, psychotropic drugs policy and statement of views on psychotropic drugs (s 19). The Children’s Guardian’s notices to grant or refuse accreditation must contain reasons and provide avenues for review (ss 20, 41).
The Regulation prescribes conditions of accreditation for designated agencies and adoption providers (Schedule 3, Schedule 5). Conditions include information and notification duties (Schedule 3 Part 2, cll 7-12), cooperation with authorised persons (cl 6), and public disclosure obligations (s 30; s 51).
Specialised substitute residential care
Entities must enter child placement information on the specialised substitute residential care register within 5 business days of commencement and cessation (ss 35-36). The register has restricted access (s 34). Entities must complete intake, assessment, case planning and record-keeping, provide parents certain records, and notify supervisory agencies when thresholds are met (Schedule 4 ss 12-21; Part 5 ss 20-21). Designated agencies supervising provision must arrange monthly supervision meetings (s 40).
Child employment duties
Employers with employer’s authority must comply with the Code of Practice (Schedule 6) and give parents either the Code or an approved explanation before the child commences employment (s 58(2)-(4)). The Regulation prescribes extensive welfare, supervision, hours and travel rules (Schedule 6 Parts 4-5; Parts 2-3). Employer’s authority fees and fee exceptions are prescribed (s 57).
Information, privacy and update rights
Persons (including children and parents) may apply to the Children’s Guardian for copies of information on the specialised substitute residential care register and request corrections; the Children’s Guardian must provide or correct the information subject to satisfaction of inaccuracy (ss 37-38). Providers must notify persons whose register information is updated (ss 13(2), 16(2)).
Enforcement and penalties
The Regulation creates an express offence for failing to comply with a condition of an employer’s exemption with a maximum penalty of 50 penalty units (s 59A) and prescribes many penalty notice amounts in Schedule 7, including monetary amounts for breaches tied to child employment and other duties (Schedule 7). The Children’s Guardian may revoke exemptions granted under s 55 (s 55(2)).
Form and procedural duties
Multiple duties reference forms or approved templates to be used (for example s 8: provider checks using a form approved by the Children’s Guardian; Schedule 4 s 6: self-assessment form approved by the Children’s Guardian; Schedule 6 ss 3-4: incident register in the approved form).
Collectively, these duties produce a compliance regime based on pre-engagement checks, contemporaneous recording of safety-sensitive events, routine information sharing with the Children’s Guardian and Department, and codified standards attached to accreditation and employer permissions.
Penalties and enforcement
The Regulation sets out enforcement mechanisms and specifically prescribes penalty notice amounts for a range of offences, as well as an express offence for non-compliance with employer exemption conditions.
Penalty notice framework
Schedule 7 is the operative penalty schedule. It applies for specified offences under the Act and the Regulation (Schedule 7 cl 1). The schedule lists penalty notice amounts ranging from low-value fines (for example $110 or $220) to larger amounts (for example $5,500 for Section 92(1)-(3) offences under the Act, and $11,000 for corporate contraventions of section 152J(1)). The table in Schedule 7 identifies the Regulation provisions that may attract penalty notice amounts and links numerous provisions under the child employment code and other sections to distinct monetary amounts. Entities should therefore consult Schedule 7 to identify exact penalty notice exposure for particular contraventions.
The Regulation creates a standalone offence for failing to comply with a condition of an employer’s exemption (s 59A). The maximum penalty is stated as 50 penalty units. The note to s 59A also refers to the Act, section 97(2) which creates offences for employment in contravention of conditions of an employer’s authority.
Some contraventions of the employer’s authority conditions are specifically mapped in Schedule 7 to penalty notice amounts with gradation by gravity (for example the Schedule groups sections of Schedule 6 into different penalty tiers: Schedule 6 ss 3-6, 8, 12-14 and 23 attract $110; sections 7, 9, 10, 15, 19 and 20 attract $1,100; etc.).
Administrative enforcement levers
The Children’s Guardian has information powers and gatekeeping: power to require information from former or new agencies by written notice in transfer cases (ss 24, 45), and authority to publish provider and agency information publicly (ss 30, 51). Those powers allow the Office to generate compliance incentives through transparency and public disclosure of accreditation status, conditions and contact details.
The Children’s Guardian may update registers on behalf of providers if providers are incapable of updating (ss 13(4), 16(4)). That is an administrative backstop but also creates implementation obligations in how registers will be maintained and audited.
For specialised substitute residential care, entities must make records available for inspection by the Children’s Guardian on request (Schedule 4 s 24(3)), and designated agencies must report breaches of s 40 to the Children’s Guardian (Schedule 4 s 20(3)). Those provisions provide inspection and reporting enforcement pathways.
Criminal or other statutory enforcement
The Regulation does not, in the text provided, create additional criminal offences beyond those specified (for example s 59A) but links to the Act and other statutes that contain enforcement provisions (for instance, the Act’s provisions referenced in Schedule 7 and sections for which penalty notices may be issued). The Children’s Guardian retains ability to condition and revoke accreditation (see ss 21-22 and ss 41-43), and refusal or revocation can be consequential for providers’ ability to operate.
Practical enforcement implications
The schedule of penalty notices is granular and maps lower-value administrative penalties to many Code of Practice breaches, and higher sums to more serious statutory breaches. Because the instrument ties reporting and recording duties to explicit timeframes, late entries or failures to notify are fertile grounds for enforcement via penalty notices. The Children’s Guardian’s disclosure and public listing powers (ss 30, 51, 28) add reputational enforcement pressure beyond monetary penalties.
How it interacts with other laws
The Regulation is integrative; it repeatedly cross-references and interacts with other NSW and Commonwealth statutes and subordinate instruments. Key interaction points are:
Child Protection (Working with Children) Act 2012
The Working with Children scheme is central. The Regulation references working with children check status and continuing residence approvals as registrable data (Schedule 2 s 1 definitions; s 10 requires recording WWCC number and expiry where relevant). The Regulation prescribes that certain records and suitability verification have the same meaning as defined in that Act and that providers must do checks in line with the Act’s definitions of relevant details (s 3 note, Schedule 8 definitions).
Children’s Guardian Act and children’s care legislation
The Regulation is made for the Act and operates as subordinate detail for the Act’s provisions on registers, accreditation and public reporting (the Act is repeatedly cited: the registers under the Act, s 85(1)(a)-(c) are the legal basis for the registers set up here). The Regulation explicitly states it applies additional duties “for the Act” in many places (for example ss 9-10 are “the Act, s 85(2)(d)/(2)(a)”). It also requires compliance with “children’s care legislation” as the term is used in Schedule 4, and many practice requirements in Schedule 3A expressly implement the Child Safe Standards under the Act (Schedule 3A s 15).
NDIS legislation and NDIS Quality and Safeguards Commission
Entities providing specialised substitute residential care must report allegations involving NDIS participants to the NDIS Quality and Safeguards Commission (Schedule 4 s 26(2)(c)). The Regulation also requires the entity’s staff to be aware of the National Disability Insurance Scheme Act 2013 and the NDIS (Worker Checks) Act 2018 (Schedule 4 s 1 definition of relevant legislation and Schedule 4 s 5). This creates an overlap where NDIS incident schemes and the Children’s Guardian reporting expectation both apply.
Adoption Act 2000 and intercountry adoption
Accreditation and practice for adoption service providers is subject to both the Regulation’s conditions (Part 6, Schedule 5) and the Adoption Act. The Regulation requires consultation with the Commonwealth Central Authority for intercountry adoption transfers (Schedule 5 cl 46(3)(b)) and prohibits providers dealing directly with foreign authorities (Schedule 5 cl 3(3) note).
Education Act 1990
The child employment Code uses the Education Act to define “compulsory school-age” and sets limits on employment during school hours unless authorised under Education Act processes (Schedule 6 s 11).
Privacy and records laws
The Regulation repeatedly references privacy protections, and sections emphasise that update duties apply in addition to the Privacy and Personal Information Protection Act 1998 (see ss 13(5), 16(5) and other notes). Record keeping obligations also note the State Records Act for archival or retention duties (Schedule 4 s 32 notes).
Industrial relations and workers’ compensation
The child employment code interacts with industrial instruments: where inconsistency exists, the more beneficial provision to the child prevails (Schedule 6 s 18). Employers must ensure personal accident insurance benefits at least comparable to workers compensation (Schedule 6 s 8) unless covered under workers compensation schemes.
Coroner, police and oversight bodies
Access to the specialised substitute residential care register is permitted in limited circumstances for police, the State Coroner and oversight bodies (s 34). The Children’s Guardian must cooperate with the Ombudsman and Privacy Commissioner (s 18(3)).
Overall, the Regulation operationally links welfare/regulatory oversight regimes across child protection, adoption, disability (NDIS), education and employment, assigning overlapping duties of reporting, record-keeping and cross-agency disclosure. Where dual reporting schemes apply (for example NDIS incidents and reportable conduct), the Regulation requires reporting to the relevant external regulator as well as internal Children’s Guardian reporting (Schedule 4 s 26).
Amendment history
The text contains internal amendment and insertion notes that identify when matters were inserted or changed. Using only the amendment annotations provided in the Regulation text, the following changes are recorded in the source:
Commencement: The Regulation generally commences on publication on the NSW legislation website but Part 2 and Schedule 1 commenced on 18 July 2022 (s 2(1)-(2)).
s 3 (Definitions) carries an amendment note: Am 2022 (480), Sch 1[1].
s 4 (Residential care workers) was amended: Am 2022 (379), Sch 1[1]; 2024 (486), Sch 1[1].
s 6 was amended in 2022 (Am 2022 (731), Sch 1[1]).
Several provisions were substituted or inserted in 2022: Part 3 (Carers register) is substituted 2022 (480), Sch 1[7]; multiple provisions in Part 2 were amended by 2022 instruments (for example ss 9-11 carry am or subst notes: ss 9-11 Am/Subst 2022 entries).
Schedule insertions and renumbering: Schedule 2 (originally Sch 2) was renumbered (note at Schedule 8: “sch 8 (previously Sch 2): Renumbered 2022 (480), Sch 1[19]”). The schedules and many clauses have Ins (inserted) notes dated 2022 (480), Sch 1[20].
Later additions in 2024: Schedule 3A Code of practice for designated agencies and adoption service providers was inserted in 2024 (s 30A: Ins 2024 (486), Sch 1[4]; s 51A likewise Ins 2024 (486), Sch 1[5]; other Schedule 3A insertions noted as Ins 2024 (486), Sch 1[7]).
Child employment amendments: part references show amendments in 2022 (731) and later (Am 2025 No 46, Sch 2[1][2]) for s 54 and Schedule 6 amendments (Schedule 6 Am 2022 (731) Sch 1[10]; 2025 No 46 Sch 2[3]).
Schedule 7 has amendment notes: Ins 2022 (480), Sch 1[20]; Am 2022 (731), Sch 1[11]; 2024 (486), Sch 1[10]-[12].
These intra-document amendment flags show the Regulation has been actively revised since initial commencement, with notable insertions in 2022 and further insertions/amendments in 2024 and 2025. The amendment notes attach to particular clauses e.g., s 30A and s 51A were inserted in 2024, the domestic and specialised residence provisions and many practice requirements were introduced in 2022, and selected child employment items show later amendments into 2025.
The source does not provide parliamentary debates, explanatory memoranda text or an amendment chronology beyond the inserted/Am notes and the commencement timetable set out in s 2 and Schedule 1 transitional provisions. Those insertion and amendment notes are the sole amendment history available within this Regulation text.
Litigation history
The Regulation text provided does not name any cases, judgments or litigation decisions. It contains procedural references to review rights under the Act (for example notices of accreditation decisions must set out how the applicant may apply for review, ss 20 and 41), and it refers to situations where decisions could be overturned by a designated agency, court or tribunal (s 18(1)(b)(i)-(iii)) but it does not record litigated outcomes or cite precedent.
Implications of the absence of named litigation in the source:
There is no internal caselaw history to guide interpretive disputes about register scope, public access limits, or compliance burdens within this text. Practitioners will need to cross-check the Act, other statutes, tribunal or judicial decisions and administrative review outcomes outside this instrument for interpretive guidance.
The Regulation provides explicit procedural safeguards (reasons in decisions, review rights in accreditation notifications, timelines for record updates and procedural steps for transfers of accreditation, see ss 20, 26, 41, 47, Schedules 3 and 5). These procedural structures create administrative reviewable acts that could be the subject of merits review or judicial review, but any such case law is not contained in the instrument and therefore is not summarised or relied on here.
If a reader needs to locate litigation on these provisions, they must examine published decisions under the Children’s Guardian Act and relevant tribunals and courts; such search is outside the text of this Regulation.
Gotchas
The Regulation contains numerous procedural deadlines, express carve-outs and data categories that can cause unintended non-compliance if missed. Key practical “watch-outs” are:
Time-critical recording obligations
Reportable allegations must be recorded on the residential care workers register within 7 business days after becoming aware and investigation outcomes must be recorded within 14 business days after completion or awareness (s 12). Parallel duties apply to carers register (Schedule 2 cl 5). Missing these windows can trigger enforcement risk via penalty notices (see Schedule 7 entries tied to these clauses).
Emergency authorisations bypass the Division 2 check prerequisites but impose a strict 72-hour notification window to the Children’s Guardian with specified identity and WWCC data (s 6(1)-(2)). The practical effect is that emergency placements can proceed but the provider must file the required notice quickly,failure to do so leaves an evidentiary gap and potential contravention.
Register update responsibilities and reasons for refusal
Providers must update register information as soon as practicable after becoming aware of incorrect or incomplete information, and then notify the person (s 13(1)-(2)). If the provider refuses to update on grounds the material is not incorrect or incomplete, the provider must give written reasons (s 13(3)). The provider’s resistance to update creates an express requirement to provide reasons, and the Children’s Guardian can intervene and update on the provider’s behalf (s 13(4)). That mechanism can be operationally burdensome for providers if they receive many update requests.
Emergency and exempted classes
The Secretary is not required to comply with Division 2 for a caseworker (s 7). Providers must be aware certain classes of worker or specific authorisations are outside the usual checks,this means the full protection of Division 2 does not automatically apply to all persons in care settings.
Section 6 exempts emergency authorisations from Division 2 but requires notification within 72 hours with specific WWCC details. Practitioners should note the trade-off: speed versus subsequent administrative burdens.
Recording of sensitive personal attributes
Providers may record gender and Aboriginal or Torres Strait Islander identity only with a person’s consent (s 10(4)). This creates consent management tasks. Absence of consent may leave a register incomplete in fields that are relevant for cultural matching and placement decisions.
Transfer effects,adopting former policies and continuities
On transfer of accreditation the new agency is “taken to have adopted the former agency’s policies, procedures and practice” (s 27(1)(e); s 48(1)(e) for adoption). Transfers therefore carry operational continuity obligations that can import legacy conduct and records obligations, including any unresolved reportable allegations or ongoing casework. The new agency becomes liable to operate under the transferred accreditation and conditions unless varied by the Children’s Guardian.
Limited access to specialised substitute registers
The specialised substitute residential care register has tightly restricted access (s 34). Entities seeking access must meet described criteria, and non-authorised entities will be unable to view entries. That restricts market transparency but preserves privacy; it also imposes delay risks for entities that require register data and must wait for authorisation.
Public availability and removed historical records
The Children’s Guardian must ensure some provider details are publicly available (s 30; s 51 for adoption providers). However s 18 requires that if an original adverse decision (refusal/cancellation/suspension) has been overturned by a designated agency or court, that original decision or historical version must not be made available to persons. Similarly historical versions changed by an agency concerning agency-specific policy reasons or concerns arising from withdrawal or surrender must not be made available. That creates complexity in records management and in responding to information access requests where historical versions may be suppressed.
Employer’s authority fees and exemptions
The prescribed fees for employer’s authorities are substantial for extended durations (s 57). An arts student is exempt from the fee (s 57(2)) but employers must be careful about categorisation to avoid fee exposure or application rejection. Performer representative exemptions are narrow and subject to revocation (s 55(2)).
NDIS incident overlap
For entities that deal with NDIS participants the Regulation requires reporting to the NDIS Commission as well as Children’s Guardian reporting obligations (Schedule 4 s 26(2)(c)). Entities must design dual reporting pathways to avoid duplication or late reporting.
Record-keeping duration and data security
Records under the child employment code must be retained for at least six years and safeguarded from unauthorised access, use, modification or disclosure (Schedule 6 s 3). Entities need compliant record retention processes and secure data systems.
Penalty notice granularity
Schedule 7 maps many small breaches to penalty notice amounts. The gradation of penalty notice values means minor administrative oversights can attract administrative fines; providers should map internal compliance checks to the Schedule 7 structure.
Finally, the Regulation often defers to “approved forms” and “guidelines issued by the Children’s Guardian” (e.g., s 8, Schedule 4 s 6, Schedule 3 cl 1). Failure to use the approved form or to follow guideline detail could cause formal invalidity or compliance exposure in practice.
How to comply
This checklist-style compliance guidance is grounded in the Regulation’s requirements and timelines. It is operational and aimed at providers, designated agencies, entities providing specialised substitute residential care and employers of children.
Governance and policies
Maintain an up-to-date set of written policies mandated by the Regulation: behaviour support policy and psychotropic drugs policy (s 19 for accreditation applicants); Code of Practice and codes of conduct where required (Schedule 3A; Schedule 6 for employer’s authorities). Ensure the policies describe restraint procedures, prohibited practices (s 19(1)(c)) and consent/reporting mechanisms for psychotropic medication (s 19(2)).
Document delegations, governance decisions and conflict-of-interest procedures (Schedule 3A cll 17-18). Keep records of recruitment processes for principal officers and governing body appointments as required (Schedule 3A cl 18).
Registers and checks , residential care providers
Before conducting referee checks, perform: (1) verification of the applicant’s relevant details, (2) a nationwide criminal record check, (3) search the residential care workers register, and (4) if indicated, a provider-to-provider check using the Children’s Guardian approved form (s 9(1)(a)-(d); s 8).
Record, prior to the referee check, the applicant’s full name and aliases, date of birth, WWCC number and expiry or application number, date and outcome of criminal and provider checks, and whether referred by labour hire (s 10(1)(a)-(f)). Record later the decision to engage and commence date as soon as practicable (s 10(2)-(3)).
Implement a process to check whether a nationwide criminal record check or provider-to-provider check already occurred in the prior 12 months and was satisfactory to avoid unnecessary duplication (s 9(2)).
Keep auditing trails showing when a person was recorded and when checks were completed to demonstrate compliance with time windows.
Recording reportable allegations and corrections
Implement an internal reporting and capture workflow that ensures: immediate notification to the principal officer, followed by entry to the residential care workers register within 7 business days of awareness and recording the outcome within 14 business days of completion or awareness (s 12). Mirror those timelines for the carers register (Schedule 2 cl 5).
Maintain a correction request process. If a person requests a change and the provider refuses, give written reasons promptly (s 13(3)). Have a mechanism to escalate an update to the Children’s Guardian for the Guardian to update on the provider’s behalf if the provider is incapable (s 13(4)).
Specialised substitute residential care operational steps
If providing specialised substitute residential care, ensure the entity or designated agency enters required child data on the specialised substitute residential care register within five business days of commencement and within five business days of cessation (ss 35-36). If access to the register is not yet available, schedule the entry within 5 business days after access is granted (s 35(3)).
Complete the self-assessment against Child Safe Standards in the approved form by deadlines (Schedule 4 s 6). Keep intake processes that obtain register information, designated agency files and other relevant supports before care starts (Schedule 4 s 12).
Maintain case planning and reviews (Schedule 4 Part 5 and Schedule 3A Part 3 requirements). Provide parents with specified records and written confirmation of placements within five business days (Schedule 4 ss 13 and 19).
Accreditation and transfers
When applying for accreditation, include behaviour support and psychotropic drug policies (s 19). Track accreditation notices, the reasons provided, and the 12-month “substantially satisfies” cure periods where accreditation is granted subject to criteria to be satisfied (ss 20(1)(d), 41(1)(d)).
For accreditation transfers, be prepared to produce information to the Children’s Guardian on request and ensure continuity arrangements are demonstrable (ss 24-25). Be aware transfers cause the new agency to adopt prior policies and authorised carers (s 27).
Child employment compliance
If employing children in regulated activities, obtain employer’s authority or confirm an applicable exemption (s 55). If an authority is required, calculate and pay the prescribed fee per s 57. Ensure arts students are correctly classified to avoid unnecessary fees (s 57(2)).
Implement the Schedule 6 Code of Practice: keep individual child employment records (Schedule 6 s 5), incident register entries within 72 hours (Schedule 6 s 6(4)), ensure insurance adequate to match workers compensation minimums (Schedule 6 s 8), meet supervision ratios and travel rules (Schedule 6 ss 20, 23), and observe hours and rest-break restrictions (Schedule 6 Parts 2-3, ss 25-28).
Provide parents either the Code or approved explainer before the child starts (s 58(4)); supervisors must be trained and appropriate for age groups.
Information governance and privacy
Ensure compliance with the Privacy and Personal Information Protection Act 1998 and local record keeping obligations (s 13(5); s 16(5); Schedule 4 s 24 notes). Where the Regulation requires recording sensitive attributes (gender, Indigenous status) obtain consent before recording (s 10(4)). Protect data for at least statutory retention periods (Schedule 6 s 3).
Map disclosure pathways: be ready to provide records to the Children’s Guardian, Secretary, Ombudsman and other specified bodies under the Regulation when requested (ss 5, 17, 18, 34, Schedule 4 s 24(3)).
Operationalising forms, templates and approvals
Use Children’s Guardian approved forms for provider-to-provider checks and self-assessments and ensure staff are trained in their use (s 8; Schedule 4 s 6). Maintain version control so that approvals are current.
Audit, training and incident response
Implement compliance audits against Schedule 3A practice requirements and Child Safe Standards (Schedule 3A cl 40 requires continuous assessment). Maintain training regimes for staff and carers and supervision frameworks (Schedule 3A cll 19, 31, Schedule 4 cl 23).
For critical events and reportable allegations, run a pre-drafted response flow aligned to Schedule 3A cl 16 and cl 33: immediate notification to principal/gov body, recorded review and implementation of recommendations, support for affected persons.
Penalties and risk mapping
Map Schedule 7 penalties to internal compliance checks and prioritise compliance in areas with higher monetary exposure. For example, ensure timeliness for entries subject to the $1,100 or higher penalty items in Schedule 7.
Document retention, training and role clarity
Retain registers and employment records for required statutory retention times (Schedule 6 s 3 and State Records obligations) and train staff to recognise duties: who must record, who notifies, who signs off, and which forms to use.
In short, compliance requires: mapped operational processes keyed to the statutory timeframes; governance records and approved policy documents for accreditation; correct use of Children’s Guardian forms and prompt reporting; and regular audit and training programs to ensure records and reporting obligations are timely and complete.
s 4: Am 2022 (379), Sch 1[1]; 2024 (486), Sch 1[1].
Part 2 Residential care workers register
Part 2 Residential care workers register
Part 2 Residential care workers register
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
5 Dealing with information for purposes of keeping register
5 Dealing with information for purposes of keeping register
5 Dealing with information for purposes of keeping register
For the Act, section 85(1A), the following persons are prescribed—
(a) a residential care provider,
(b) the Children’s Guardian,
(c) the Secretary.
6 Emergency authorisations not subject to Division 2
6 Emergency authorisations not subject to Division 2
6 Emergency authorisations not subject to Division 2
(1) A residential care provider is not required to comply with Division 2 in relation to a residential care worker who provides statutory out-of-home care or supported out-of-home care under an emergency authorisation given under the Children and Young Persons (Care and Protection) Regulation 2022, section 22.
(2) The residential care provider must instead, within 72 hours after giving the emergency authorisation, notify the Children’s Guardian of the authorisation and give the Children’s Guardian the following information—
(a) the worker’s full name, any former name and any known aliases,
(b) the worker’s date of birth,
(c) if the worker holds a working with children check clearance—
(i) the working with children number for the clearance, and
(ii) the date on which the clearance ceases to have effect,
(d) if the worker has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number.
s 6: Am 2022 (731), Sch 1[1].
7 Secretary not subject to Division 2 for certain workers
7 Secretary not subject to Division 2 for certain workers
7 Secretary not subject to Division 2 for certain workers
The Secretary is not required to comply with Division 2 for a caseworker.
Division 2 Worker checks and recording on register
Division 2 Worker checks and recording on register
Division 2 Worker checks and recording on register
8 Residential care provider check
8 Residential care provider check
8 Residential care provider check
A residential care provider that is required to undertake a check of a relevant individual with another residential care provider under this Division must—
(a) request information about the relevant individual from the other residential care provider using the form approved by the Children’s Guardian, and
(b) consider the information received in response to the request.
9 Residential care provider must conduct certain checks—the Act, s 85(2)(d)
9 Residential care provider must conduct certain checks—the Act, s 85(2)(d)
9 Residential care provider must conduct certain checks—the Act, s 85(2)(d)
(1) A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, undertake each of the following—
(a) a check to verify the applicant’s relevant details,
(b) a nationwide criminal record check for the applicant,
(c) a check of the residential care workers register to determine if the applicant is a relevant individual for another residential care provider,
(d) if the residential care workers register indicates the applicant is a relevant individual for another residential care provider—a check of the relevant individual with the other residential care provider.
(2) A residential care provider is not required to undertake—
(a) a check of a relevant individual with another residential care provider if—
(i) the provider undertook the check with the other provider in the previous 12 months, and
(ii) the result was satisfactory, or
(b) a nationwide criminal record check if—
(i) the check has been undertaken by the residential care provider in the previous 12 months, and
(ii) the result was satisfactory.
(3) A residential care provider is not required to undertake a check required by subsection (1) if—
(a) the provider is satisfied that the applicant is not suitable to be a residential care worker, or
(b) the applicant withdraws the application.
s 9: Am 2022 (379), Sch 1[2]; 2022 (480), Sch 1[2].
10 Information to be recorded on register—the Act, s 85(2)(a)
10 Information to be recorded on register—the Act, s 85(2)(a)
10 Information to be recorded on register—the Act, s 85(2)(a)
(1) A residential care provider that proposes to conduct a referee check of an applicant must, before conducting the check, record the following information about the applicant on the residential care workers register—
(a) the applicant’s full name, any former name and any known aliases,
(b) the applicant’s date of birth,
(c) if the applicant holds a working with children check clearance—
(i) the working with children number for the clearance, and
(ii) the date on which the clearance ceases to have effect,
(d) if the applicant has a current application for a working with children check clearance that has not been finally determined, withdrawn or terminated—the application number,
(e) for a check under section 9(1)(b) or (d)—
(i) the date the check was completed, and
(ii) the outcome of the check,
(f) whether the applicant was referred to the provider by a labour hire agency.
(2) As soon as practicable after making a decision about whether or not to engage an applicant as a residential care worker, the residential care provider must record the following information on the residential care workers register—
(a) the decision,
(b) if the decision is to not offer the applicant the position—the date the decision was made.
(3) A residential care provider must, as soon as practicable after engaging an applicant as a residential care worker, record on the residential care workers register the date the applicant commences work as a residential care worker.
(4) A residential care provider may, with a person’s consent, record the following information on the residential care workers register—
(a) the person’s gender,
(b) whether the person identifies as an Aboriginal person or a Torres Strait Islander person.
s 10: Am 2022 (379), Sch 1[3]; 2022 (480), Sch 1[2]–[5].
11 Residential care worker recommencing work within 12 months
11 Residential care worker recommencing work within 12 months
11 Residential care worker recommencing work within 12 months
(1) This section applies to a person if—
(a) a residential care provider intends to engage the person as a residential care worker, and
(b) the person was engaged as a residential care worker by the residential care provider within the previous 12 months.
(2) Before offering to engage the person, the residential care provider—
(a) must undertake a check to verify the person’s relevant details, and
(b) must check the residential care workers register to see if the person is a relevant individual for another residential care provider, and
(c) if the register indicates the person is a relevant individual for another residential care provider—must undertake a residential care provider check under section 8, and
(d) may undertake a nationwide criminal record check.
(3) The residential care provider must, as soon as practicable after engaging the person, record the following information on the residential care workers register—
(a) the type and date of each check undertaken under this section,
(b) the date the person recommenced work as a residential care worker with the provider.
s 11: Subst 2022 (480), Sch 1[6]. Am 2024 (486), Sch 1[2].
12 Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)
12 Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)
12 Recording reportable allegations on residential care workers register—the Act, s 85(2)(a)
(1) This section applies to a residential care worker engaged by a residential care provider.
(2) The residential care provider must make a recording on the residential care workers register within 7 business days after becoming aware of a reportable allegation having been made about the residential care worker.
(3) The recording must specify—
(a) that the allegation was made, and
(b) the date the provider became aware of the allegation.
(4) The residential care provider must make a recording on the residential care workers register within 14 business days after—
(a) completing an investigation into a reportable allegation about the residential care worker, or
(b) becoming aware of the completion of an investigation into a reportable allegation about the residential care worker.
(5) The recording must specify—
(a) the outcome of the investigation, and
(b) the date the investigation was completed.
s 12: Subst 2022 (480), Sch 1[6].
13 Updating information on register—the Act, s 85(2)(b) and (c)
13 Updating information on register—the Act, s 85(2)(b) and (c)
13 Updating information on register—the Act, s 85(2)(b) and (c)
(1) A residential care provider must update information on the residential care workers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.
(2) The residential care provider must, as soon as practicable after updating the register, notify the relevant person that the information has been updated.
(3) A residential care provider must give a relevant person written notice of the reasons for not updating the residential care workers register if—
(a) the relevant person makes a written request to the provider to update the information, and
(b) the provider decides to not update the register because the information is not incomplete or incorrect.
(4) If a residential care provider is incapable of updating information on the residential care workers register as required by this section, the Children’s Guardian may—
(a) update the information on the register on the provider’s behalf, and
(b) notify both the person to whom the information relates and the provider that the information on the register was updated.
(5) This section applies in addition to the Privacy and Personal Information Protection Act 1998, section 15.
(6) In this section—
relevant person, for a residential care provider, means a person whose information the residential care provider is required to have access to under the Act, section 86(2).
s 13: Subst 2022 (480), Sch 1[6].
14 Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)
14 Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)
14 Residential care provider must update register in certain circumstances—the Act, s 85(2)(c)
(1) A residential care provider must, within 14 business days after a person ceases to work as a residential care worker with the provider, update the residential care workers register—
(a) to record the date the person ceased work, and
(b) if the provider has relevant information to disclose about the person—to indicate the provider has relevant information to disclose.
(2) A residential care provider must, as soon as practicable after becoming aware of relevant information about a person currently engaged by the provider as a residential care worker, update the register to indicate the provider has relevant information to disclose.
s 14: Am 2022 (480), Sch 1[2]; 2024 (486), Sch 1[3] (am 2024 No 82, Sch 2.1).
14A Advanced stage in a recruitment process
14A Advanced stage in a recruitment process
14A Advanced stage in a recruitment process
For the Act, section 85(3), definition of advanced stage, the stage in a recruitment process at which the residential care provider decides to conduct a referee check of the applicant is prescribed.
s 14A: Ins 2022 (379), Sch 1[4].
Part 3 Carers register—the Act, s 85(2)
Part 3 Carers register—the Act, s 85(2)
Part 3 Carers register—the Act, s 85(2)
pt 3: Subst 2022 (480), Sch 1[7].
Division 1 Information kept on carers register
Division 1 Information kept on carers register
Division 1 Information kept on carers register
pt 3, div 1: Ins 2022 (480), Sch 1[7].
15 Information to be recorded on carers register
15 Information to be recorded on carers register
15 Information to be recorded on carers register
Schedule 2 sets out the information a designated agency must record on the carers register.
s 15: Subst 2022 (480), Sch 1[7].
16 Information on carers register must be accurate
16 Information on carers register must be accurate
16 Information on carers register must be accurate
(1) A designated agency must update information on the carers register about a relevant person as soon as practicable after becoming aware the information is incorrect or incomplete.
(2) The designated agency must, as soon as practicable after updating t
This is an opening excerpt, not the complete document.