1Citation
These regulations are the Children and Community Services Regulations 2006.
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Bill homepageThese regulations are the Children and Community Services Regulations 2006.
These regulations come into operation on the day on which section 250 comes into operation.
In these regulations, unless the contrary intention appears —
Department’s website means a website maintained by or on behalf of the Department;
President means the President of the Children’s Court;
section means a section of the Act.
[Regulation 3 amended: SL 2026/214 r. 4.]
[Part 1A (r. 3A) deleted: SL 2021/36 r. 4.]
The CEO may approve an individual for the purposes of section 79(2)(a)(i) if —
the CEO is satisfied that the individual —
is able to provide care for a child in a way that promotes the wellbeing of the child, promotes the child’s family and interpersonal relationships, and protects the child from harm; and
is able to provide care for a child in a way that supports the child’s culture and identity; and
is able to provide a safe living environment for a child; and
is able to work cooperatively with officers, a child’s family and other people when providing care for a child; and
is able to take responsibility for the development of their competency and skills as a carer; and
is a person of good character and repute;
and
a negative notice or an interim negative notice has not been issued to the individual under the Working with Children (Screening) Act 2004.
The CEO may, subject to subregulation (3), revoke an approval under subregulation (1) if —
the CEO can no longer be satisfied as to a matter referred to in subregulation (1)(a) in relation to the individual; or
a negative notice or an interim negative notice has been issued to the individual under the Working with Children (Screening) Act 2004; or
there are reasonable grounds for believing that the approval was obtained improperly.
Before revoking an approval the CEO must —
give a written notice to the individual —
stating the reasons for the proposed revocation; and
informing the individual that the individual is entitled to make representations to the CEO in respect of the proposed revocation within 28 days after receipt of the notice;
and
have regard to any representations made within the period referred to in paragraph (a)(ii).
[Regulation 4 amended: SL 2022/49 r. 4 and 10.]
In this regulation —
interim carer, in relation to an interim placement arrangement, means the individual who provides, or will provide, care for a child under the interim placement arrangement.
The CEO may, under section 79(2), make an arrangement (an interim placement arrangement) for the placement of a child with an individual who is not approved under regulation 4(1).
Before, or as soon as practicable after, an interim placement arrangement is made in respect of a child, the following requirements must be met —
the interim carer must make, and give to the CEO, a statutory declaration, in a form approved by the CEO, that addresses matters relevant to the interim carer’s suitability to provide care for the child;
the interim carer must consent to the CEO carrying out any check (including a criminal record check) that the CEO considers appropriate for the purposes of assessing the interim carer’s suitability to provide care for the child;
the CEO must confirm that a negative notice or an interim negative notice has not been issued to the interim carer under the Working with Children (Screening) Act 2004;
an officer must visit the place where the child is, or will be, living under the interim placement arrangement.
The CEO must cancel an interim placement arrangement if —
any of the requirements in subregulation (3) are not met within 5 working days after the day on which the interim placement arrangement is made; or
the interim carer is not approved under regulation 4(1) within 6 months after the day on which the interim placement arrangement is made.
If, within 6 months after the day on which an interim placement arrangement is made, the interim carer is approved under regulation 4(1), then, on and from the date of approval, the interim placement arrangement is taken to be a placement arrangement made under section 79(2)(a)(i).
[Regulation 4A inserted: SL 2022/49 r. 5.]
For the purposes of paragraph (a)(ii) of the definition of departmental officer in section 124A, each of the following offices or positions is prescribed —
family support officer;
cook in a secure care facility;
any office or position to which a person is appointed on a casual employment basis under the Public Sector Management Act 1994 section 100(2) by the employing authority of the Department.
[Regulation 4AA inserted: SL 2023/179 r. 4.]
A course is prescribed for the purposes of paragraph (c)(ii) of the definition of teacher in section 124A if —
the course is an approved VET course as defined in the Vocational Education and Training Act 1996 section 5(1); and
the course is provided by —
a college established under the Vocational Education and Training Act 1996 section 35; and
a person employed under the Vocational Education and Training Act 1996 section 47;
and
the course is provided for students who include children.
[Regulation 4B inserted: SL 2023/110 r. 4.]
In this regulation —
contact includes any of the following —
any form of oral communication, whether face to face, by telephone or otherwise;
any form of written communication;
any form of electronic communication.
For the purposes of paragraph (a)(vi) of the definition of youth justice worker in section 124A, the duties are any of the following —
any duty that involves material contact with children;
supervision of children;
monitoring of children.
[Regulation 4BA inserted: SL 2025/57 r. 4.]
The following information is prescribed for the purposes of section 128 —
the child’s name;
the child’s date of birth and place of birth to the extent that such information is available;
a copy of the child’s care plan or provisional care plan and any modifications to it;
information about the child’s health, including a copy of any medical records and immunisation records —
relating to the period in which the child is in the CEO’s care; or
otherwise provided to the CEO;
information about the child’s education, including a copy of any school reports —
relating to the period in which the child is in the CEO’s care; or
otherwise provided to the CEO;
information about the child’s cultural, ethnic, religious and family background to the extent that such information is available;
any other information considered by the CEO to be relevant to the child.
In subregulation (1)(c) —
care plan has the meaning given to that term in section 89(1);
provisional care plan has the meaning given to that term in section 39(1).
The CEO may, by notice published on the Department’s website, invite applications for approval as an Aboriginal or Torres Strait Islander representative organisation.
An invitation may —
specify a period within which applications may be made; and
specify an area of the State in relation to which applications may be made.
An organisation may apply for approval as an Aboriginal or Torres Strait Islander representative organisation in accordance with an invitation.
An application must —
be made in the form and way approved by the CEO under subregulation (5)(a); and
be accompanied by evidence that the organisation meets the requirements for approval set out in regulation 5B(2).
The CEO —
may approve the form of an application, and the way in which an application is to be made, for the purposes of this regulation; and
if a form or way is approved under paragraph (a) — must publish the approved form, or information about the approved way, on the Department’s website.
[Regulation 5A inserted: SL 2026/214 r. 5.]
In this regulation —
representative organisation function means —
consultation under section 81(1)(b) about a placement arrangement in respect of an Aboriginal child or Torres Strait Islander child; or
participation under section 89C in the preparation of a cultural support plan for an Aboriginal child or Torres Strait Islander child; or
participation under section 90(2A) in the review of a cultural support plan for an Aboriginal child or Torres Strait Islander child.
For the purposes of section 22A(1), the CEO may approve an organisation as an Aboriginal or Torres Strait Islander representative organisation if the CEO is satisfied that —
the organisation’s governing body is comprised, or substantially comprised, of Aboriginal persons, Torres Strait Islanders or both Aboriginal persons and Torres Strait Islanders; and
the organisation’s principal object, or 1 of its principal objects, is the promotion of the interests of Aboriginal persons, Torres Strait Islanders or both Aboriginal persons and Torres Strait Islanders; and
either —
the members of the governing body and staff of the organisation have, between them, experience in the provision of social services to Aboriginal persons or Torres Strait Islanders; or
before the organisation carries out any representative organisation functions, the organisation will engage 1 or more persons with experience in the provision of social services to Aboriginal persons or Torres Strait Islanders;
and
the members of the governing body and staff of the organisation have, between them —
knowledge and understanding of the matters set out in subregulation (3); and
the ability to engage and communicate with Aboriginal children, or Torres Strait Islander children, and their families;
and
the organisation’s systems, processes and governance arrangements, including in relation to financial management, record‑keeping and managing conflicts of interest and confidential information, are appropriate for carrying out representative organisation functions.
The matters are —
Aboriginal or Torres Strait Islander cultural practices; and
child protection practices and processes, including cultural support requirements; and
child development; and
child rearing practices in respect of Aboriginal children or Torres Strait Islander children; and
the impact of trauma (including intergenerational trauma) associated with disconnection from family, culture and country on the wellbeing of Aboriginal children, or Torres Strait Islander children, and their families.
If the CEO approves an organisation, the CEO must determine the period for which the approval has effect.
An approval must —
be in writing; and
specify —
the period for which the approval has effect; and
any conditions to which the approval is subject.
An approval has effect for the period specified under subregulation (5)(b)(i), unless earlier revoked under regulation 5C.
[Regulation 5B inserted: SL 2026/214 r. 5.]
The CEO may revoke an approval of an Aboriginal or Torres Strait Islander representative organisation if —
the organisation has requested in writing that the approval be revoked; or
the CEO can no longer be satisfied as to a matter referred to in regulation 5B(2) in relation to the organisation; or
the CEO believes, on reasonable grounds, that the approval was obtained improperly; or
the CEO is satisfied that the organisation has contravened a condition of the approval; or
the CEO is satisfied that it is otherwise reasonable in the circumstances to do so.
Without limiting subregulation (1)(c), an approval was obtained improperly if the organisation provided information in connection with the application for approval that was false or misleading in a material particular.
Before revoking an approval on a ground referred to in subregulation (1)(b) to (e), the CEO must —
give a written notice to the organisation —
stating the reasons for the proposed revocation; and
informing the organisation that the organisation is entitled to make representations to the CEO in respect of the proposed revocation within 28 days after receipt of the notice;
and
have regard to any representations made within the period referred to in paragraph (a)(ii).
[Regulation 5C inserted: SL 2026/214 r. 5.]
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