Powers of Children’s Guardian to require production of information
31 Powers of Children’s Guardian to require production of information
The Children’s Guardian may, by notice in writing (an assessment notice), require any person to provide the Children’s Guardian with a statement or information relevant to an assessment of whether a person poses a risk to the safety of children.
A requirement may be made for the purposes of—
an internal review or disqualification reassessment under Part 4, or
determining an application for a working with children check clearance or an assessment of an applicant or the holder of a clearance, or
determining whether to grant a continuing residence approval.
A person to whom an assessment notice is given is authorised and required to comply with the notice.
An assessment notice may specify a day on or before which the notice is to be complied with.
If a person fails to comply with an assessment notice, the Children’s Guardian may, by further notice in writing served on the person (an enforcement notice), direct the person to comply with the assessment notice within a period specified in the notice (of not less than 28 days).
The enforcement notice must warn the person that a failure to comply with the notice is an offence.
The Children’s Guardian may revoke an enforcement notice at any time.
A person who fails, without reasonable excuse, to comply with an enforcement notice in force under this section is guilty of an offence.
Maximum penalty—5 penalty units.
In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.
If documents are given to the Children’s Guardian under this section, the Children’s Guardian—
may take possession of, and make copies of or take extracts from, the documents, and
may keep possession of the documents for such period as is necessary for the purposes of preparing the submission or considering an application, and
during that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the Children’s Guardian.
In this section—
information includes documents.
person includes—
a person in another State or Territory, and
a government agency of the State or the Commonwealth or another State or Territory.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.