Legislative framework

Last update: 15 February 2022

The Office of the Children's Guardian operates under a framework of legislation.

On this page

    Child Safe Scheme

    The Children’s Guardian Amendment (Child Safe Scheme) Bill 2021 was introduced into NSW Parliament on 12 May 2021.

    Development of the Bill followed significant consultation. 

    Feedback received through consultation covered the scope, the requirement to implement the Child Safe Standards through systems, policies and processes, Codes of Practice, Child Safe Action Plans (CSAP), strengthened monitoring and enforcement, and penalties for non-compliance with enforcement measures.

    The majority of respondents gave overall support for the scheme.

    Children’s Guardian Act 2019

    On 1 March 2020, the Children's Guardian Act 2019 came into effect. 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.

    Full details are in on the Legislation changes page.

    Children’s Guardian Regulation

    Regulations under Children and Young Persons (Care and Protection) Act 1998 and Adoption Act 2000 remain in force until new Regulations are made under the new Act.

    The first section of the new regulation will establish a residential care workers register.

    In March 2021, the Office of the Children’s Guardian released the consultation draft of the Children’s Guardian Regulation 2021.

    The proposed Regulation provides the detail to support the establishment of a residential care workers register in NSW to provide additional safeguards for children and young people in statutory out-of-home care and placed in residential care.

    Was this page helpful?
    Your rating will help us improve the website
    Back to top