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Contents (2012 - 51)
Child Protection (Working with Children) Act 2012 No 51
Current version for 25 August 2017 to date (accessed 20 November 2017 at 10:55)
Part 5 Section 35
35   Notification by reporting bodies of conduct constituting assessment requirement trigger
(1)  It is the duty of a reporting body to notify the Children’s Guardian of the name and other identifying particulars of any child-related worker against whom the reporting body has made a finding that the worker has engaged in conduct specified in clause 2 of Schedule 1.
(1A)  It is the duty of a reporting body that is a designated agency that has authorised a person as an authorised carer, to notify the Children’s Guardian of the name and other identifying particulars of each adult person:
(a)  who resides for 3 weeks or more on the same property as the authorised carer, and
(b)  against whom the reporting body has made a finding that the adult person has engaged in conduct specified in clause 2 of Schedule 1.
(2)  Notification under this section does not extend to findings made by the reporting body before 3 July 1995 unless:
(a)  the reporting body is otherwise directed in writing by the Children’s Guardian in respect of a finding made by the reporting body, or
(b)  a person holding a key position in the organisation has knowledge of a finding made by the reporting body.
(2A)  A direction of the Children’s Guardian may specify a particular finding or may specify findings of a particular class (such as findings against a specified person or findings during a specified period).
(2B)  Nothing in this section:
(a)  prevents a reporting body from notifying the Children’s Guardian about a finding made before 3 July 1995, or
(b)  requires a reporting body or a person holding a key position to review or to seek out records created before 3 July 1995, otherwise than in accordance with a direction given under this section.
(3)  The regulations may make provision for or with respect to the following:
(a)  the form of any such notification,
(b)  the provision by reporting bodies of further particulars of any such matter, or any potential such matter, if requested by the Children’s Guardian,
(c)  the keeping of records by reporting bodies of information about such matters or potential such matters supplied to the Children’s Guardian,
(d)  the amendment or withdrawal of a notification by a reporting body.
(4)  In this section:
reporting body means the following:
(a)  a NSW Government agency,
(b)  a government sector agency within the meaning of the Government Sector Employment Act 2013,
(c)  a registration or other licensing authority constituted under an Act,
(c1)  a designated agency,
(d)  a designated government agency or designated non-government agency within the meaning of Part 3A of the Ombudsman Act 1974 that has been granted an exemption under section 25CA of that Act,
(e)  any other employer or professional or other body that supervises the conduct of an employee prescribed by the regulations for the purposes of this section.