Investigators Can Search Childcare Centres, With Fines for Blocking Them or Pretending to Be an Officer
Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Bill 2023
Legislative Assembly
Legislative Council
Assent
Topics
Aboriginal affairs child protection child safety child wellbeing criminal penalties cultural connection government oversight Indigenous affairs law enforcement police powers reportable conduct +6 more
Introduced by: The Hon Ros Spence MP (ALP); The Hon Lizzie Blandthorn MLC (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Commission for Children and Young People can appoint authorised officers.
Authorised officers investigating reportable conduct can enter and inspect premises where an entity cares for or supervises children. They can search the area, inspect documents, take recordings, and seize items if they believe it is necessary for their investigation.
The time limit to start legal action for failing to notify reportable conduct extends to 3 years.
The definition of employee for reportable conduct now includes labour hire workers and volunteers.
The Commission or police can start and take over legal proceedings for reportable conduct offences.
Aboriginal children have a right to be raised within their family and community.
Aboriginal children have a right to maintain connections to their culture, Country, and language.
Aboriginal community members and families have a right to participate in significant decisions about an Aboriginal child.
Authorised officers cannot enter a resident's room or living area in a residential service unless the resident, or their parent or guardian, agrees to it.
People who hinder or obstruct an authorised officer, or fail to follow their legal requirements, can be fined up to 30 penalty units (2026: $6,273). Companies can be fined up to 120 penalty units (2026: $25,092).
People who pretend to be an authorised officer can be fined up to 30 penalty units (2026: $6,273).
The Commission for Children and Young People can now start legal proceedings for offences against the Child Wellbeing and Safety Act 2005.
The Families Secretary can require a principal officer to provide information needed to update records about a child.