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Children’s Guardian and Other Legislation Amendment Bill 2026

Published on: August 2026

Record: HANSARD-1323879322-167801

Children’s Guardian and Other Legislation Amendment Bill 2026

Consideration in Detail

Consideration of the Legislative Council amendments.

Schedule of amendments referred to in message of 4 August 2026

GRNS No. 1 [c2026-214A]

No. 1

Page 5, Schedule 2. Insert after line 35—

[7A]Section 115A

Insert after section 115—

115AVeto of proposed appointment as Children's Guardian

(1)A person is not to be appointed as the Children's Guardian until—

(a)the Minister has referred to the Committee on Children and Young People a proposal that the person be appointed, and

(b)either—

(i)the period that the Committee has to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment, or

(ii)the Committee notifies the Minister that it has decided not to veto the proposed appointment.

(2)The Committee may, by notice to the Minister, veto the referral within—

the initial period

(a)14 days after receiving the referral (), or

(b)if the Committee notifies the Minister within the initial period that the Committee requires more time to consider the matter—a further 14 days after the initial period.

(3)A person may be proposed for appointment on more than one occasion.

(4)The Minister may withdraw the referral at any time.

(5)A referral or notice under this section must be in writing.

(6)In this section, a reference to appointment includes reappointment.

GRNS No. 2 [c2026-214A]

No. 2

Page 6, Schedule 2. Insert after line 15—

[8A]Sections 136(3) and 183A(3)

Omit the subsections.

GRNS No. 3 [c2026-214A]

No. 3

Page 6, Schedule 2. Insert after line 22—

[10]Schedule 6 Dictionary

Insert in alphabetical order—

Advocate for Children and Young People Act 2014

Committee on Children and Young People means the Parliamentary Joint Committee constituted under the , section 36(1).

Ms KATE WASHINGTON (Port StephensMinister for Families and Communities, and Minister for Disability Inclusion) (14:30:27):

— I move:

That the Legislative Council amendments be agreed to.

The Children's Guardian and Other Legislation Amendment Bill 2026 passed in the other place with amendments. The Greens amendments will provide the Committee on Children and Young People with the power to veto the appointment of the Children's Guardian. The Government's view is that it would be appropriate for the Children's Guardian to remain as an appointment by the Government on the recommendation of the Minister, as it is with appointments to similar roles. However, the Government considers that the objective of the reform remains valid and appropriately implemented through the bill. The Government therefore supports the amendments.

Ms FELICITY WILSON (North Shore) (14:31:12):

On behalf of the Opposition, I support the Legislative Council amendments. I recognise that in the other place the shadow Minister for Families and Communities noted that one of the key things the amendments do is bring the current role and veto power into line with several other statutory office positions. That includes the Health Care Complaints Commissioner, the Inspector of Custodial Services, the Director of Public Prosecutions, the Information and Privacy Commission, the NSW Crime Commissioner and the Ombudsman. Similar to those roles, the Children's Guardian is a position of integrity. Given its responsibility for regulating, setting safety standards for and accrediting both government and non-government agencies, the office and the person holding it must be above question. I note that there is no current question regarding any former or current appointment, and I recognise the tremendous work that our Children's Guardians undertake. Adding this extra safeguard will strengthen the role. We support the amendments.

The ASSISTANT SPEAKER (Mr Jason Li):

The question is that the motion be agreed to.

Motion agreed to.