Children and Community Services Act 2004

Children and Community Services Amendment Regulations (No. 3) 2026

 

 

Children and Community Services Amendment Regulations (No. 3) 2026

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 3 amended1

5.Part 2A inserted2

Part 2A — Aboriginal or Torres Strait Islander representative organisations

5A.Applications for approval of Aboriginal or Torres Strait Islander representative organisations (Act s. 22A(1))2

5B.Approval of Aboriginal or Torres Strait Islander representative organisations (Act s. 22A(1))3

5C.Revoking approval of Aboriginal or Torres Strait Islander representative organisations6

6.Regulation 23 amended7

7.Part 7 Division 1 heading inserted7

Division 1 — Transitional provisions for Children and Community Services Regulations 2006

8.Part 7 Division 2 inserted7

Division 2 — Transitional provision for Children and Community Services Amendment Regulations (No. 3) 2026

30.References to provisions before commencement of Children and Community Services Amendment Act 2021 s. 32, 39 and 407

 

Children and Community Services Act 2004

Children and Community Services Amendment Regulations (No. 3) 2026

Made by the Governor in Executive Council.

1.Citation

These regulations are the Children and Community Services Amendment Regulations (No. 3) 2026.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on the day on which the Children and Community Services Amendment Act 2021 section 15 comes into operation.

3.Regulations amended

These regulations amend the Children and Community Services Regulations 2006.

4.Regulation 3 amended

In regulation 3 insert in alphabetical order:

 

Department’s website means a website maintained by or on behalf of the Department;

 

5.Part 2A inserted

After regulation 5 insert:

 

Part 2A — Aboriginal or Torres Strait Islander representative organisations

5A.Applications for approval of Aboriginal or Torres Strait Islander representative organisations (Act s. 22A(1))

(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.

(2)An invitation may —

(a)specify a period within which applications may be made; and

(b)specify an area of the State in relation to which applications may be made.

(3)An organisation may apply for approval as an Aboriginal or Torres Strait Islander representative organisation in accordance with an invitation.

(4)An application must —

(a)be made in the form and way approved by the CEO under subregulation (5)(a); and

(b)be accompanied by evidence that the organisation meets the requirements for approval set out in regulation 5B(2).

(5)The CEO —

(a)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

(b)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.

5B.Approval of Aboriginal or Torres Strait Islander representative organisations (Act s. 22A(1))

(1)In this regulation —

representative organisation function means —

(a)consultation under section 81(1)(b) about a placement arrangement in respect of an Aboriginal child or Torres Strait Islander child; or

(b)participation under section 89C in the preparation of a cultural support plan for an Aboriginal child or Torres Strait Islander child; or

(c)participation under section 90(2A) in the review of a cultural support plan for an Aboriginal child or Torres Strait Islander child.

(2)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 —

(a)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

(b)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

(c)either —

(i)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

(ii)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

(d)the members of the governing body and staff of the organisation have, between them —

(i)knowledge and understanding of the matters set out in subregulation (3); and

(ii)the ability to engage and communicate with Aboriginal children, or Torres Strait Islander children, and their families;

and

(e)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.

(3)The matters are —

(a)Aboriginal or Torres Strait Islander cultural practices; and

(b)child protection practices and processes, including cultural support requirements; and

(c)child development; and

(d)child rearing practices in respect of Aboriginal children or Torres Strait Islander children; and

(e)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.

(4)If the CEO approves an organisation, the CEO must determine the period for which the approval has effect.

(5)An approval must —

(a)be in writing; and

(b)specify —

(i)the period for which the approval has effect; and

(ii)any conditions to which the approval is subject.

(6)An approval has effect for the period specified under subregulation (5)(b)(i), unless earlier revoked under regulation 5C.

5C.Revoking approval of Aboriginal or Torres Strait Islander representative organisations

(1)The CEO may revoke an approval of an Aboriginal or Torres Strait Islander representative organisation if —

(a)the organisation has requested in writing that the approval be revoked; or

(b)the CEO can no longer be satisfied as to a matter referred to in regulation 5B(2) in relation to the organisation; or

(c)the CEO believes, on reasonable grounds, that the approval was obtained improperly; or

(d)the CEO is satisfied that the organisation has contravened a condition of the approval; or

(e)the CEO is satisfied that it is otherwise reasonable in the circumstances to do so.

(2)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.

(3)Before revoking an approval on a ground referred to in subregulation (1)(b) to (e), the CEO must —

(a)give a written notice to the organisation —

(i)stating the reasons for the proposed revocation; and

(ii)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

(b)have regard to any representations made within the period referred to in paragraph (a)(ii).

 

6.Regulation 23 amended

In regulation 23(2)(a)(iii) and (3)(e) delete “Torres Strait Islander children” and insert:

 

or Torres Strait Islander children,

 

7.Part 7 Division 1 heading inserted

At the beginning of Part 7 insert:

 

Division 1 — Transitional provisions for Children and Community Services Regulations 2006

 

8.Part 7 Division 2 inserted

At the end of Part 7 insert:

 

Division 2 — Transitional provision for Children and Community Services Amendment Regulations (No. 3) 2026

30.References to provisions before commencement of Children and Community Services Amendment Act 2021 s. 32, 39 and 40

In regulation 5B(1), in the definition of representative organisation function —

(a)in paragraph (a), the reference to section 81(1)(b) is, before the coming into operation of the Children and Community Services Amendment Act 2021 section 32, a reference to section 81(1)(b) as it will be inserted by the Children and Community Services Amendment Act 2021 section 32; and

(b)in paragraph (b), the reference to section 89C is, before the coming into operation of the Children and Community Services Amendment Act 2021 section 39, a reference to section 89C as it will be inserted by the Children and Community Services Amendment Act 2021 section 39; and

(c)in paragraph (c), the reference to section 90(2A) is, before the coming into operation of the Children and Community Services Amendment Act 2021 section 40, a reference to section 90(2A) as it will be inserted by the Children and Community Services Amendment Act 2021 section 40.

 

BRENDAN D’SA, Clerk of the Executive Council

© State of Western Australia 2026.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2026.

By Authority: ANDREW JONES, Government Printer