Children’s Guardian Regulation 2021

What’s this about?

The draft Children’s Guardian Regulation 2021 is the first regulation to be made under the Children’s Guardian Act 2019. It represents an important step towards promoting and prioritising the safety, welfare and wellbeing of children and young people placed in residential care.

The proposed Children’s Guardian Regulation 2021 provides the detail to support the residential care workers register. It will facilitate information exchange by requiring residential care providers to:

• record identification and probity information on the register about applicants who are being considered for employment as a residential care worker
• conduct four mandatory probity checks for all applicants who are being considered for employment as a residential care worker and record the outcome of those checks
• prescribe the circumstances in which information must be requested from current or previous employers of the residential care worker
• record basic reportable allegation information during a residential care worker’s employment
• update records on the register to ensure information is accurate, up-to-date, complete and not misleading.

The proposed Children’s Guardian Regulation 2021 should be read alongside the Regulatory Impact Statement (RIS). The RIS discusses the provisions of the proposed regulation at Part 6, and assesses the impact of the proposed regulation, as well as exploring alternative options.

Access the proposed Children’s Guardian Regulation 2021 and the Regulatory Impact Statement.

Have your say

You can provide your feedback below by email or mail (titled formal submission).

Please note that all submissions will be treated as public and may be published on the Office of the Children’s Guardian website, unless the submission indicates that it is to be treated as confidential. If you do not want your personal details or any part of your submission published, please indicate this clearly in your submission.

There may be circumstances in which the NSW Government is required by law to release a submission, even where you have clearly indicated that it is to be treated as confidential. For example, submissions marked confidential may be required to be released in accordance with the Government Information (Public Access) Act 2009. It is also a statutory requirement that all submissions are provided to the Legislation Review Committee of Parliament. 

If you have any questions or would like to make a submission in an alternative format, please contact the team.

Have your say by Monday 3 May 2021.