16 Application for review of temporary care arrangement: sec 152 (6)
(1) An application to the Children’s Court for the review of a temporary care arrangement must be in writing.(2) A person who applies for a review of a temporary care arrangement is, as soon as practicable after the application is made, to cause a copy of the application (on which is endorsed the time, date and place set down for the hearing of the application) to be served on:(a) in the case of an application made on behalf of the child or young person the subject of the arrangement—each person having parental responsibility for the child or young person who can reasonably be located, or(b) in the case of an application by a person having parental responsibility for the child or young person—the child (if the child is of or above the age of 10 years) or young person.(3) A child or young person who applies for review of a temporary care arrangement is not required to serve a copy of the application on any other person.
For the purposes of section 135 (2) (b) of the Act, the following are prescribed as not being out-of-home care:(a) boarding arrangements to enable children and young people to attend a school, training establishment or university for the sole purpose of obtaining an education,(b) a holiday camp, outdoor recreation centre or similar facility where children and young people undertake or receive education, training or instruction in academic, athletic or recreational pursuits,(c) a private hospital licensed under the Private Hospitals and Day Procedure Centres Act 1988,(d) (Repealed)(e) health services under the Health Services Act 1997,(f) adoption services under the Adoption Act 2000,(g) any place used for the detention of children and young persons pending criminal proceedings (including police custody), or a detention centre within the meaning of the Children (Detention Centres) Act 1987,(h) placement arrangements made under section 137 (1) (c) of the Act that do not involve supervision by a designated agency,(i) SAAP arrangements funded under the Supported Accommodation Assistance Act 1994 of the Commonwealth.
18 Financial assistance: sec 161
For the purposes of section 161 (2) (c) (i) of the Act, the following classes of persons are prescribed:(a) a person providing care for a child or young person under the supervision of a designated agency under a care plan that:(i) has been developed though agreement with the parents of the child or young person, or(ii) has been registered in the Children’s Court under section 38 of the Act,(b) a person providing care for a child or young person under the supervision of a designated agency under an alternative parenting plan that has been approved or registered by the Children’s Court,(c) a person providing care for a child or young person under the supervision of a designated agency under an order of the Supreme Court, the Children’s Court, the Family Court of Australia or the Federal Magistrates Court,(d) the Minister,(e) the Director-General.
Division 2 Authorisations by designated agencies
In this Division:authorised carer means an individual authorised as an authorised carer by a designated agency.
designated agency, in relation to an authorised carer, means the designated agency that authorised the authorised carer.
supervising person means:
(a) the Director-General (or an officer delegated the Director-General’s functions for the purposes of this clause), or(b) an officer or employee of the designated agency that has supervisory responsibility for a child or young person in the care of an authorised carer.
20 Authorisation by a designated agency
(1) A designated agency may authorise an individual belonging to one of the following classes of individuals as an authorised carer, but only if the designated agency has carried out an assessment of the individual under subclause (3) and has determined, following that assessment, that the individual is suitable to be an authorised carer:(a) an employee engaged by the designated agency as an employee to provide care for children and young persons,(b) an individual engaged by the designated agency under a contractual arrangement (other than as an employee) to provide care for children and young persons,(c) an individual who is employed by an individual referred to in paragraph (b) to care for children and young persons in the course of his or her duties,(d) an individual who cares for children and young persons in his or her private capacity.(2) A designated agency may authorise an employee referred to in subclause (1) (a) to be an authorised carer without carrying out an assessment under subclause (3) of the individual’s suitability.(3) A designated agency may not determine that an individual is suitable to be an authorised carer under subclause (1) unless:(a) the individual has furnished to the designated agency such information as the agency may reasonably require in order to assess the individual’s suitability to be an authorised carer, and(b) the individual has successfully completed such course of training as the designated agency may reasonably require in order to ensure that the individual is capable of exercising the functions of an authorised carer, and(c) the designated agency has carried out employment screening of the individual under Part 7 of the Commission for Children and Young People Act 1998.Note. Section 37 of the Commission for Children and Young People Act 1998 provides that it is the duty of an employer to carry out all the relevant procedures of employment screening of a preferred applicant for primary child-related employment before employing the preferred applicant. Primary child-related employment is defined as including child-related employment involving the fostering of children.The Child Protection (Prohibited Employment) Act 1998 prohibits an employer from employing a person in child-related employment without first ascertaining whether the person has been convicted of a serious sex offence. The Act also prohibits a person who has been convicted of such an offence from applying for, undertaking or remaining in child-related employment.
(4) For the purpose of determining whether an individual is suitable to be an authorised carer, the designated agency may make such inquiries as to the individual, and as to each individual who is aged 14 years or above in the household of the individual, as the designated agency considers appropriate, (including, subject to the Criminal Records Act 1991, inquiries as to an individual’s criminal record).(5) The principal officer of a designated agency is to carry out the functions of the agency under this clause, unless the Children’s Guardian approves the carrying out of those functions by another officer or employee of the designated agency.
21 Conditions of authorisations
(1) A designated agency may at any time impose such reasonable conditions as it thinks fit on the authorisation of an authorised carer.(2) A designated agency may at any time vary or revoke a condition of an authorisation.(3) The imposition, variation or revocation of a condition takes effect when it is notified to the authorised carer in writing.
22 Authorisations by designated agencies to be in writing
(1) A designated agency that authorises a person as an authorised carer under clause 20 must give the person a copy of the authorisation in writing.(2) The written authorisation must set out any conditions of the authorisation imposed by the designated agency.
23 Code of Conduct for Authorised Carers
Except as provided by clause 24, an authorised carer must comply with the Code of Conduct for Authorised Carers set out in Schedule 2.
24 Code of Conduct for Residential Units—authorised carers
An authorised carer who provides out-of-home care to one or more children or young persons at a residential unit must comply with the provisions of the Code of Conduct for Residential Units set out in Schedule 3 that apply to authorised carers.
25 Personal responsibility of authorised carers
An authorised carer is personally responsible for carrying out the carer’s functions and duties as an authorised carer.
26 Inspection of home or premises
An authorised carer must, at any reasonable hour and on reasonable notice, permit a supervising person:(a) to inspect the home or premises at which the authorised carer provides out-of-home care, and all of the authorised carer’s records relating to a child or young person in out-of-home care, and(b) to interview any child or young person in out-of-home care.
An authorised carer must, if requested in writing by the designated agency on the written advice of a medical practitioner:(a) undergo, or cause a member of the authorised carer’s household to undergo, such examination by a medical practitioner as is reasonably necessary to ascertain whether the authorised carer’s household is a healthy environment for the care of children or young persons, and(b) provide a report of such examination to the designated agency and to any other supervising person who requests that the report be provided to it.
28 Notice of change of address
An authorised carer must, before changing his or her residential address, cause notice in writing of the change to be given to an officer or employee of the designated agency.
29 Information to be provided to designated agency
(1) An authorised carer must provide the designated agency with such information concerning the care of a child or young person as the agency may from time to time reasonably require.(2) An authorised carer must immediately notify the designated agency if any of the following occurs:(a) a child or young person leaves the care of the authorised carer, or(b) the child or young person is to be, or has been:(i) expelled or suspended from school, or(ii) absent without permission from the care of the authorised carer for a period of 24 hours or more, or(iii) absent without permission (whether or not while in the care of the authorised carer) from New South Wales for any period, or(c) the child or young person suffers a serious accident, injury or illness, or(d) the child or young person dies, or(e) the authorised carer:(i) is charged with or convicted of an offence for which a penalty of imprisonment for 12 months or more may be imposed, or(ii) becomes aware that any members of his or her household have been charged with or convicted of such an offence.
30 Management of behaviour of children and young persons
(1) An authorised carer, in correcting and managing the behaviour of a child or young person in out-of-home care:(a) must not use physical coercion or physical punishment, and(b) must, in any event, use only behaviour management practices approved by the designated agency.(2) An authorised carer who finds that the approved behaviour management practices are not sufficiently effective to correct or manage the behaviour of a child or young person is to notify that fact as soon as practicable to the designated agency.(3) On receiving a notification under subclause (2), the designated agency, after assessing the situation, is to determine if the problem should be addressed:(a) by providing appropriate advice, support and training to the authorised carer and appropriate support to the child or young person, or(b) by changing the placement arrangements.
31 Cancellation or suspension of authorisations by designated agencies
A designated agency may, by notice in writing, cancel or suspend the authorisation of an authorised carer if the agency is of the opinion that the authorised carer:(a) has failed to comply with any condition of the authorisation, or(b) has failed to comply with any obligation or restriction imposed on the authorised carer by the Act or this Regulation, or(c) has failed to comply with a written direction to the authorised carer by the designated agency or the Children’s Guardian under section 157 (3) of the Act, or(d) has failed to uphold the Charter of Rights prepared under section 162 of the Act, or(e) has failed to comply with the Code of Conduct for Authorised Carers or the relevant provisions of the Code of Conduct for Residential Units.Note. Under section 245 (1) (a) of the Act, a decision to cancel or suspend the authorisation of an authorised carer is reviewable by the Administrative Decisions Tribunal.
Division 3 Authorisations other than by designated agencies
(1) For the purposes of section 137 (1) (c) of the Act, the following persons are authorised as authorised carers:(a) a person who provides residential care and control of a child or young person whose placement arrangements are not subject to supervision by a designated agency and who provides the care and control under:(i) a care plan developed by the Director-General, or(ii) an alternative parenting plan approved or registered by the Children’s Court under Part 1 of Chapter 7 of the Act,(b) a person providing residential care and control of a child or young person whose placement arrangements are not subject to supervision by a designated agency under an order of the Supreme Court, the Family Court of Australia or the Federal Magistrates Court.(2) A person referred to in subclause (1) is authorised as an authorised carer only in relation to the child or young person concerned, and the person ceases to be an authorised carer when the person ceases to have care responsibility for the child or young person.(3) A person referred to in subclause (1) (a) is required to comply with the Code of Conduct for Authorised Carers set out in Schedule 2.
33 Management of behaviour of children and young persons: sec 157
(1) This clause applies only to a person authorised as an authorised carer under clause 32 (1) (a).(2) An authorised carer, in correcting and managing the behaviour of a child or young person in out-of-home care, may use only behaviour management practices approved by the Director-General.
34 Code of Conduct for Residential Units—designated agencies
(1) This clause only applies to a person authorised as an authorised carer under section 137 (1) (a) of the Act.(2) An authorised carer who is the principal officer of a designated agency that provides out-of-home care to one or more children or young persons is to comply with the provisions of the Code of Conduct for Residential Units set out in Schedule 3 that apply to designated agencies.Note. If an authorised carer fails to comply with this clause, the designated agency may have its accreditation cancelled or suspended under clause 40.
Division 4 Accreditation as a designated agency
35 Application for accreditation
(1) An organisation or a department of the Public Service (an applicant) may apply in writing to the Children’s Guardian for accreditation as a designated agency.(2) An application is:(a) to be made in the form approved by the Children’s Guardian, and(b) to be accompanied by such information as the Children’s Guardian may reasonably require to assist in the determination of the application, and(c) to specify the person (the principal officer) proposed to have the overall supervision of the arrangements for the provision of out-of-home care made by the applicant, and(d) to be accompanied by a behaviour management policy statement that sets out:(i) the views of the applicant on the behaviour management practices to be observed by authorised carers regarding the care, management and discipline of children and young people for whom the designated agency has supervisory responsibility, and(ii) details of the procedures to be used in respect of the application of physical restraint, including consent, reporting, analysis and supervision of staff, and support and counselling to be provided to children and young persons to whom physical restraint has been applied, and(e) to include a statement to the effect that the applicant’s behaviour management policy includes a ban on the use of all of the following:(i) any form of corporal punishment, or(ii) any punishment that takes the form of immobilisation, force-feeding or depriving of food, or(iii) any punishment that is intended to humiliate or frighten a child or young person, and(f) be accompanied by a psychotropic drugs policy statement that sets out the views of the applicant on the administration of psychotropic drugs for the purpose of controlling the behaviour of children and young persons.(3) The Children’s Guardian may require an applicant to furnish to the Children’s Guardian such further information as the Guardian may reasonably require in order to assess the applicant’s suitability to be a designated agency.(4) The Children’s Guardian is to notify in writing an applicant for accreditation as soon as reasonably practicable of:(a) the outcome of the application, and(b) the reasons for the decision, and(c) the means by which the applicant may apply for review of the decision of the Children’s Guardian.
(1) The Children’s Guardian may accredit an applicant as a designated agency if, in the opinion of the Children’s Guardian, the applicant satisfies the criteria referred to in subclause (2).(2) The Minister may, on the recommendation from time to time of the Children’s Guardian, approve criteria developed by the Children’s Guardian for use in determining:(a) whether to grant an application for accreditation, and(b) what period of accreditation will be granted.(3) The Children’s Guardian must make the criteria approved for the time being under subclause (2) available for public inspection.(4) Failure to comply with subclause (3) does not affect the validity of any decision of the Children’s Guardian to grant or refuse accreditation to an applicant.(5) Without limiting this clause, the criteria adopted by the Minister must address the following matters:(a) the assessment procedures (including probity testing) for determining whether a person is suitable to be an authorised carer,(b) the training provided to authorised carers,(c) the supervision provided to authorised carers,(d) what provision is made for the involvement of children and young persons in the making of decisions that affect them,(e) what provision is made for the involvement of the persons who have parental responsibility for children or young persons immediately before the children or young persons enter into out-of-home care in the making of decisions that affect those children or young persons,(f) what provision is made for the involvement of authorised carers in the making of decisions concerning the child or young person in their care.
37 Alternative means of accreditation
Despite clause 36, the Children’s Guardian may accredit an applicant as a designated agency if:(a) an organisation or body that has established standards or criteria for the care of children or young persons has determined that the applicant meets those standards or criteria, and(b) the Children’s Guardian has recognised that organisation or body for the purposes of this clause.
38 Form and period of accreditation
(1) The Children’s Guardian may accredit an applicant as a designated agency for a period of one, three or five years.(2) An accreditation is to be in such form as the Children’s Guardian may approve.
39 Conditions of accreditation
(1) An accreditation is subject to the conditions set out in Schedule 4.(2) The Children’s Guardian may impose such other reasonable conditions as the Children’s Guardian sees fit on an accreditation, or the process for accreditation, and may vary or revoke those conditions by notice in writing to the designated agency.(3) The imposition, variation or revocation of a condition takes effect on such date as is specified in the notice.(4) If the designated agency is a government department, the Children’s Guardian must report to the Minister on the need to impose a condition under subclause (2).
40 Suspension and cancellation of accreditation
(1) The Children’s Guardian may suspend or cancel the accreditation of a designated agency if the Children’s Guardian is satisfied that:(a) the designated agency has ceased to meet any of the criteria developed in accordance with clause 36, or(b) the designated agency has ceased to meet any standards or criteria referred to in clause 37, or(c) the designated agency has failed to comply with a condition of accreditation imposed under clause 39, or(d) the designated agency, or an authorised carer who is the principal officer of the designated agency, has failed to comply with any obligations or restrictions imposed on the agency or the carer by the Act or this Regulation.(2) As soon as practicable after deciding to suspend or cancel an accreditation, the Children’s Guardian must give the designated agency concerned notice in writing of the decision.(3) The suspension or cancellation takes effect on such date as is specified in the notice.(4) If the designated agency is a government department, the Children’s Guardian must report to the Minister before giving a notice under subclause (2).