Children’s Guardian Act
On Wednesday 12 May 2021, the NSW Government introduced legislation to amend the Children’s Guardian Act to require certain organisations to implement the Child Safe Standards. The Bill can be found [here].
Continue reading Legislation introduced to NSW Parliament to enforce Child Safe Standards
The Royal Commission into Institutional Responses to Child Sexual Abuse recommended 10 child safe standards, drawing on its findings, research and consultation about what makes organisations child safe. The standards come with core components to help organisations implement each standard.
Continue reading Child Safe Standards Coming Soon
The Children’s Guardian Act 2019 passed the NSW parliament on November 2019 and comes into force on 1 March 2020. This act covers a number of areas, primarily related to the Office of the Children’s Guardian.
Continue reading Expanded Mandatory Reporting
The Children’s Guardian Act 2019 passed the NSW parliament on November 2019 and comes into force on 1 March 2020. A key part of the Act involves changes to the Reportable Conduct Scheme. The Reportable Conduct Scheme, in NSW, was previously managed by the Ombudsman’s office and only included a small number of churches (those who were classified as including residential care due to running certain types of camps).
Continue reading Reportable Conduct Scheme Commences
Changes to the Civil Liability Act 2002 (NSW) – Division 4 of Part 1 B – mean that proceedings for child abuse can now be brought against an unincorporated association. This provision is retrospective, it applies to proceedings brought in relation to abuse that occurred prior to the commencement of the division.
Special Care Provisions operate to adjust the age of consent where there is a power imbalance or relationship of responsibility between two people. This means, for example, that where one person is a youth leader the other person is not able to consent to any sexual activity until they are over 18 (instead of the usual age of consent, which is 16). These provisions have existed since at least 1900 but have now been expanded to include sexual touching as well as sexual intercourse.
Continue reading Expanded Special Care Provisions
In response to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, a range of amendments have been made to the Civil Liability Act 2002 (NSW). These sections are prospective, applying only to offences occurring after 26 October 2018.
Continue reading Changes to Civil Liability
In response to recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse, the NSW government has introduced two new criminal offences:
Continue reading New Criminal Offences – Failure to Protect / Failure to Report
In addition to collecting the WWCC number of any person in child-related work, the employer must also verify the WWCC and retain a record of the verification date, personal details and expiry of WWCC. (s9A)
Individuals who have a WWCC now have an obligation to notify the Children’s Guardian within 3 months of any change to their name, address, contact details or employer (s36B)
In most instances, a claim for damages must be brought within a certain time frame (for example, usually 12 months for breach of contract and 6 years for negligence). Changes to the Limitation Act 1969 (NSW), section 6A, means that there is no longer any time limit for claims arising from child abuse (including sexual abuse, serious physical abuse and any connected abuse)