447Regulations

1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

2. declaring a law of a participating State to be a child welfare law for the purposes of Part 3A:
3. declaring a law to be an interstate law in relation to a participating State for the purposes of Part 3A:
4. declaring the holder of an office or position to be the interstate officer in relation to a participating State for the purposes of Part 3A:
5. regulating the administration, management, and control of the residential component (within the meaning of section 290A) of a specified programme or activity:
6. providing for the management and inspection of residences established pursuant to section 364:
7. defining the rights of children and young persons placed in any residence established pursuant to section 364:
8. limiting the powers of the staff of any residence established pursuant to section 364 to punish or discipline the children or young persons placed in the residence:
9. regulating searches conducted under sections 384C and 384E and the inspection of incoming and outgoing mail under section 384B including, without limitation,—
   1. prescribing the manner in which the searches and inspections may be carried out:
   2. prescribing the powers that may be exercised when conducting a search or inspection:
   3. providing for the seizure, disposal, safe keeping, or return of any article, drug, or substance found during a search or inspection:
   4. prescribing conditions on the disposal of any seized article, drug, or substance:
   5. prescribing procedures by which a child or young person may lay a complaint in relation to an inspection of mail or a search, and how the complaint is to be dealt with:
10. prescribing, in relation to a young person’s entitlement to remain living with a caregiver under sections 386AAD and 386AAE, requirements and standards for support arrangements:
11. prescribing, in relation to providing advice and assistance to young persons under sections 386A and 386B,—
    1. processes and criteria for needs assessments:
    2. the types of advice, assistance, and services to be available for young persons:
    3. the manner or means of providing advice, assistance, and services to young persons:
12. providing for the administration, management, and control of any centre that is established to provide for the part-time care, training, or occupation of children or young persons:
13. prescribing the circumstances in which amounts are payable and the amounts payable under section 363 or to or on behalf of a young person as financial assistance under section 386AAG or 386B, including—
    1. advances or reimbursements of reasonable costs:
    2. allowances, which may vary in accordance with different criteria:
14. prescribing, in relation to a youth advocate appointed under section 248A, the following:
    1. eligibility criteria for appointment:
    2. the process for appointment by the chief executive:
    3. the amounts payable for preparation for and attendance at a family group conference referred to in section 245:
15. prescribing the amounts payable to—
    2. any lay advocate appointed under section 163 or section 326:
    3. any youth advocate appointed under section 323:
16. prescribing forms of applications, licences, notices, or other documents for the purposes of this Act, or authorising the chief executive to prescribe or approve forms, and requiring the use of such forms:
17. prescribing the actions or steps that must be taken by the chief executive or the chief executive’s delegates, or bodies or organisations approved under section 396, to help ensure that children and young persons in care or custody under Part 2 or 4 of this Act receive an appropriate standard of care that is consistent with the application of the principles in sections 4A, 5, 13, and 208, including actions and steps relating to—
    1. the provision of care, services, and support to address the rights and needs of children and young persons in care:
    2. the assessment and monitoring of care arrangements and residences, including youth justice residences:
    3. the provision of training and support for —
       1. caregivers; and
       2. organisations in which children or young persons may be placed:
    4. the creation and maintenance of records for a child or young person recording important matters in their life (including significant life events and significant achievements) occurring while they are in care, and the provision of access to those records for the child or young person:
    5. the manner in which care standards are monitored or reported on, within the department and by the organisations approved under section 396:
    6. the assessment of the safety and suitability of caregivers and their households:
    7. the assessment of the suitability of organisations in which children or young persons may be placed:
18. providing for the appointment by the Minister of a person or an organisation (independent of the department) to review the outcomes produced by the 1 or more complaints mechanisms established, amended, or replaced by the chief executive under section 7(2)(bad), and establishing a review mechanism—
    1. that is intended to—
       1. be accessible and timely:
       2. have the necessary capability (including required cultural competence to ensure that reviews of outcomes are undertaken effectively); and
    2. for which 1 or more of the following are specified:
       1. the types of complaints whose outcomes under a complaint process may be the subject of a review:
       2. the classes of complainants (or other persons) who may seek a review of the outcome of a complaint:
       3. the procedures to be adopted in conducting reviews:
       4. who is qualified for appointment to conduct a review, and matters relating to their appointment and term of office:
       5. the method of determining the remuneration of a person appointed to conduct a review:
       6. the powers of the reviewer on reviewing the outcomes of a complaints process (which may, without limitation, include a power for the reviewer to set aside the outcome of the complaints mechanism, a power to award compensation up to a specified limit, a power to substitute the reviewer’s decision as the outcome, and any other remedies specified in the regulations that may be granted by the reviewer):
       7. how the costs of undertaking the review are to be apportioned:
       8. any other matters that are necessary or desirable to establish or operate the review process.
19. conferring rights of review of any decision or determination made or any requirements or conditions imposed under regulations made pursuant to this section:
20. designating, after consultation with the Privacy Commissioner, the Children’s Commissioner, and persons representing the affected organisations,—
    1. organisations or classes of organisations as child welfare and protection agencies:
    2. persons or classes of persons as independent persons:
21. prescribing transitional arrangements in relation to standards of care for children and young persons and any other matters provided for in regulations:
22. providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

23. The Minister must,—

24. within 12 months of the commencement of subsection (1)(fa), recommend the making of regulations under that provision; and
25. not recommend the revocation of regulations made under subsection (1)(fa) without recommending new regulations to be made under that provision; and
26. regularly review the regulations in force under subsection (1)(fa).

27. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).