NSW state child protection legislation
Amendments to child protection legislation
There is a new piece of legislation which is due to commence in New South Wales. This is the:
Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No 13
Current version for 25 January 2010 to is available at:
‘This Act commences on a day or days to be appointed by proclamation’. (accessed 17 February 2010 at 05:49)
One of the changes which will affect child care workers is the change in the threshold of reporting young persons suspected to be at ‘risk of harm’ to ‘risk of significant harm’.
‘What is meant by ‘significant’ in the phrase ‘to a significant extent’ is that which is sufficiently serious to warrant a response by a statutory authority irrespective of a family’s consent.
What is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety, welfare or well being’. (Department of Community Services, Risk of significant harm, a policy definition at:
References
Keep them safe: a shared approach to child wellbeing:
Preventing child abuse and neglect NSW Community Services:
Guidelines on workplace child protection issues: NSW Ombudsman:
Risk of significant harm, a policy definition: NSW Department of Community Services:
NSW state child protection legislation
In NSW, there are several key legislations which determine responsibilities and obligations of organisations and their workers in implementing child-focused work practices to protect children and young people.
Children and Young Persons (Care and Protection) Act 1998
A ‘child’ is defined as a person under the age of 16 years and a ‘young person’ as a person aged 16 or 17.
The Act outlines the responsibilities of the NSW Department of Community Services (DoCS) and other agencies, as well as parents and authorised carers, in identifying and responding to children and young people who may be at risk of harm. It establishes a legal basis for collaborative work in child protection across government, community sector agencies and families in NSW.
The Act sets out what is meant by ‘risk of harm’, stipulates mandatory reporting obligations for specified individuals and organisations, and covers areas such as when to make a report of abuse or risk of harm, what needs to happen when a report is made, and what needs to happen when a child or young person cannot safely live with their family.
To see a copy of the Act, go to
If this link does not work go to: Select Browse, then select Browse in Force, then select Acts, click on letter C. Scroll down till you find Children and Young Persons (Care and Protection) Act 1998 No 157
Commission for Children and Young People Act 1998
This Act established the Commission for Children and Young People as an independent organisation whose role is to promote the safety and well being of children and young people and encouraging their participation in decision making which has an impact on their life. A key function of the Commission is facilitating screening to determine the suitability of people for child-related employment. The two components of screening are:
•Working with children check
•Prohibited Employment Declaration
Working with Children Check
This requires mandatory background checks for preferred applicants for preferred applicants for paid child related employment, those seeking to provide foster care to children and anyone employed as a religious leader. Background checks cover:
•relevant criminal records;
•relevant Apprehended Violence Orders; and
•relevant employment disciplinary proceedings.
Prohibited Employment Declaration
This requires all persons working in, or seeking employment in, child related employment to declare whether they are a prohibited person (a person with a conviction for particular criminal offences). This includes self-employed person, volunteers and students on placement.
A prohibited person is a person who is convicted of the following (whether in NSW or elsewhere):
•serious sex offence
•child-related personal violence offence
•murder of a child
•indecency offences punishable by imprisonment of 12 months or more
•kidnapping (unless the offender is or has been the child’s parent or carer)
•offences connected with child prostitution
•possession, distribution or publication of child pornography; or
•attempt, conspiracy or incitement to commit the above offences.
To see a copy of the Act, go to
If this link does not work go to: Select Browse, then select Browse in Force, then select Acts, click on letter C. Scroll down till you find Commission for Children and Young People Act 1998 No 146
Who reports?
Section 27(1)(a) of the Children and Young Persons (Care and Protection) Act 1998 states that you are a mandatory reporter if in the course of your professional work you deliver any of the following to children:
•health care
•education
•welfare
•children’s services
•residential services
•law enforcement (including prisons).
Section 27(1)(b) of this Act states that if you hold a managerial position with direct responsibility for the supervision of staff or provision of services in any of these areas, then you are a mandatory reporter.
Under the Ombudsman Amendment (Child Protection and Community Services) Act 1998, the head of the agency or service is responsible for reporting an allegation of abuse against an employee to the Ombudsman.
References
Fleet A and Clyde M (1993) What’s in a Day? Working in early childhood, Social Science Press, Wentworth Falls, NSW
NSW Commission for Children and Young People (2000) New South Wales Interagency Guidelines for Child Protection Intervention, NSW Government, Sydney
Australian Institute of Health and Welfare: Australia's national agency for health and welfare statistics: Child Protection Australia 2002–03: Child Welfare Series No 34
Additional resources
Here are some useful links
NSW Department of Community Services: Protecting children:
NSW Commission for Children Young People: Working with children
Community.gov.au: Information on child protection against neglect, violence or sexual abuse:
Association of Childrens Welfare Agencies, Centre for Community Welfare Training: Special Commission of Inquiry into Child Protection Services in New South Wales: The Wood Report:
NSW Department of Community Services, 2006, The NSW Interagency Guidelines for Child Protection Intervention, NSW Government, Sydney. Available from:
Changing legislation
Children Legislation Amendment (Wood Inquiry Recommendations) Bill 2009.
Children and Young Persons (Care and Protection) Amendment Bill 2009