Legislative changes

From 1 September 2022, changes to the Children’s Guardian Act 2019 and Children’s Guardian Regulation 2022 will replace the current Voluntary Out-Of-Home Care (VOOHC) regulation.

The Children's Guardian Amendment Regulation transfers, updates, and clarifies the Children’s Guardian’s regulatory functions under the Care Regulation, Adoption Regulation and Child Employment Regulation.

Amendments to the Child Protection (Working with Children) Act 2012 commenced 1 September 2022.

Amendments to the Child Protection (Working with Children) Regulation 2013 will impact who needs a WWCC, and how certain applicants will need to provide proof of identity. 

Changes were made to the Children’s Guardian Regulation 2021 as part of the introduction of the Residential Care Workers Register.

The Children's Guardian Act 2019 came into force on 1 March 2020. Powers and functions of the Children's Guardian from the Children and Young Persons (Care and Protection) Act 1998 and Adoption Act 2000 were consolidated into the new Act.  Regulations under these Acts will remain in force until new Regulations are made under the new Act.

The Children's Guardian Act 2019 enabled the transfer of the Reportable Conduct Scheme to the Office of the Children's Guardian. In transferring the Scheme, some changes were made to it. 

There have been some changes to the laws around the Working With Children Check that are important for everyone who works or volunteers with children and their employers.

In October 2016, the NSW Government introduced reforms to strengthen the regulatory powers of the Office of the Children’s Guardian. 

In November 2015, the NSW Government introduced reforms to strengthen the protection of children, particularly in situations where they are not in the care of their parents or families.