Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Children Legislation Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005 3
3 New section 20A inserted 3
20A Disclosure of information for administrative purposes 3
4 Appointment of administrator 3
5 Period of appointment of administrator 4
6 Section 69 substituted 4
69 Powers of administrator 4
7 Revocation of appointment of administrator 5
8 Constitution of Panel 6
PART 3--AMENDMENT OF THE CHILD WELLBEING AND
SAFETY ACT 2005 7
9 General functions in relation to child safety 7
10 Division 4--Inquiries into child deaths 7
11 Functions in relation to child deaths 7
12 New section 33A inserted 8
33A Functions in relation to child safety 8
13 Access to information 9
14 Disclosure by health professionals and welfare practitioners 9
15 Confidentiality 9
PART 4--REPEAL OF AMENDING ACT 10
16 Repeal of amending Act 10
ENDNOTES 11
561302B.I-31/3/2009 i BILL LA INTRODUCTION 31/3/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Children Legislation Amendment
Bill 2009
A Bill for an Act to amend the Children, Youth and Families Act
2005 and the Child Wellbeing and Safety Act 2005 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Children, Youth and Families
5 Act 2005--
(i) to enable the disclosure of confidential
information in connection with the
administration or execution of that Act
and the regulations made under that Act
10 or under a court order; and
561302B.I-31/3/2009 1 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
(ii) to enable the appointment of an
administrator to only part of a
registered community service; and
(iii) to further provide for the constitution of
5 the Suitability Panel; and
(b) to amend the Child Wellbeing and Safety
Act 2005--
(i) to further provide for the circumstances
requiring the Child Safety
10 Commissioner to conduct inquiries into
child deaths; and
(ii) to give power to the Child Safety
Commissioner to conduct inquiries into
current or closed child protection client
15 cases at the request of the Minister.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561302B.I-31/3/2009 2 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 3
PART 2--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
3 New section 20A inserted
After section 20 of the Children, Youth and See:
Act No.
5 Families Act 2005 insert-- 96/2005.
Reprint No. 1
"20A Disclosure of information for as at
23 April 2007
administrative purposes and
amending
Despite anything to the contrary in this Act, Act Nos
a person who discloses information obtained 97/2005,
23/2006,
10 in connection with the administration or 24/2006,
execution of this Act is not guilty of an 51/2006,
81/2006,
offence if the disclosure is made in 24/2007,
connection with the administration or 28/2007,
56/2007,
execution of this Act or regulations under 7/2008, 8/2008,
15 this Act or under a court order.". 9/2008,
12/2008,
52/2008,
68/2008,
77/2008 and
4/2009.
LawToday:
www.
legislation.
vic.gov.au
4 Appointment of administrator
(1) In section 67(1) of the Children, Youth and
Families Act 2005, after "registered community
service" insert "or part of a registered community
20 service".
(2) In section 67(1) of the Children, Youth and
Families Act 2005, after "the service" insert
"or the part of the service".
(3) In section 67(2) of the Children, Youth and
25 Families Act 2005, after "a registered community
service" insert "or part of a registered community
service".
561302B.I-31/3/2009 3 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 5
5 Period of appointment of administrator
(1) In section 68 of the Children, Youth and
Families Act 2005 after "registered community
service" insert "or the part of the service".
5 (2) At the end of section 68 of the Children, Youth
and Families Act 2005 insert--
"(2) If the Minister recommends to the Governor
in Council that the period of appointment of
an administrator appointed under this
10 Division be extended, the Governor in
Council may, by notice published in the
Government Gazette, extend the appointment
of that administrator for a further period as
specified in the notice.".
15 6 Section 69 substituted
For section 69 of the Children, Youth and
Families Act 2005 substitute--
"69 Powers of administrator
(1) An administrator appointed under this
20 Division--
(a) is deemed to be the board or other
governing body of the registered
community service to the extent that the
Minister considers necessary for the
25 purpose of performing functions under
this Act or under an agreement under
this Act; and
(b) for the purposes of those functions has
all the powers and may exercise any of
30 the duties of the board or other
governing body or its members; and
(c) is subject to all the duties of the board
or other governing body or its
members.
561302B.I-31/3/2009 4 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 7
(2) On the day on which an administrator is
appointed under this Division in respect of a
registered community service for the
purposes of its functions under this Act, the
5 members of the board or other governing
body cease to constitute the board or other
governing body to the extent that the
administrator is deemed to be the board or
other governing body.
10 (3) If an administrator is appointed in respect of
part of the business of a registered
community service, the administrator and the
board or other governing body must ensure
that there is in place a process for
15 consultation and decision-making to enable
the continuity of operation of the whole of
the business of the registered community
service.
(4) If an administrator appointed under this
20 Division to a registered community service,
or part of a service, recommends that an
allocation of funds in respect of that service
under section 23 should be terminated, the
Secretary may reallocate those funds with
25 immediate effect.".
7 Revocation of appointment of administrator
(1) In section 70(1) of the Children, Youth and
Families Act 2005 after "registered community
service" insert "or part of a registered community
30 service".
561302B.I-31/3/2009 5 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 8
(2) For section 70(3) of the Children, Youth and
Families Act 2005 substitute--
"(3) If a notice is published under
subsection (1)--
5 (a) the board or other governing body is
re-instated as the board or other
governing body of the registered
community service, or if its members
ceased to hold office, is to be
10 re-established by appointment or
election as the case may be; and
(b) on the date specified in the notice the
appointment of the administrator is
revoked.".
15 8 Constitution of Panel
In section 99(1) of the Children, Youth and
Families Act 2005, for "up to" substitute
"at least".
__________________
561302B.I-31/3/2009 6 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 3--Amendment of the Child Wellbeing and Safety Act 2005
s. 9
PART 3--AMENDMENT OF THE CHILD WELLBEING AND
SAFETY ACT 2005
9 General functions in relation to child safety
For section 19(e) of the Child Wellbeing and See:
Act No.
5 Safety Act 2005 substitute-- 83/2005.
Reprint No. 1
"(e) the functions relating to child inquiries, as at
28 November
including child deaths, conferred by 2007
Division 4;". and
amending
Act No.
22/2008.
LawToday:
www.
legislation.
vic.gov.au
10 Division 4--Inquiries into child deaths
10 In the heading to Division 4 of Part 6 of the Child
Wellbeing and Safety Act 2005 omit "into child
deaths".
11 Functions in relation to child deaths
(1) After section 33(1) of the Child Wellbeing and
15 Safety Act 2005 insert--
"(1A) This section applies to a child--
(a) who died before the commencement of
section 11 of the Children Legislation
Amendment Act 2009; or
20 (b) who dies on or after the commencement
of section 11 of the Children
Legislation Amendment Act 2009.".
(2) In section 33(5) of the Child Wellbeing and
Safety Act 2005, for "Division" substitute
25 "section".
561302B.I-31/3/2009 7 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 3--Amendment of the Child Wellbeing and Safety Act 2005
s. 12
(3) For section 33(5)(a) of the Child Wellbeing and
Safety Act 2005 substitute--
"(a) a child is a child protection client if the child
is the subject of a report under section 28,
5 33(2), 183 or 184 of the Children, Youth
and Families Act 2005; and".
12 New section 33A inserted
After section 33 of the Child Wellbeing and
Safety Act 2005 insert--
10 "33A Functions in relation to child safety
(1) The Minister may recommend that an
inquiry be conducted in relation to a child
protection client if the Minister considers
that a review of that child's case will assist in
15 the improvement of child protection
practices and the enhancement of child
safety.
(2) The Child Safety Commissioner must
conduct an inquiry and prepare a report in
20 relation to a child protection client that is the
subject of a recommendation under
subsection (1).
(3) The object of an inquiry under this section is
to promote continuous improvement and
25 innovation in policies and practices relating
to child protection and safety.
(4) The inquiry must relate to the services
provided, or omitted to be provided, to the
child protection client.
30 (5) For the purposes of this section, a child is a
child protection client if the child is, or has
been at any time, the subject of a report
under section 28, 33(2), 183 or 184 of the
Children, Youth and Families Act 2005
35 (whether or not the child has died).".
561302B.I-31/3/2009 8 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 3--Amendment of the Child Wellbeing and Safety Act 2005
s. 13
13 Access to information
In section 34 of the Child Wellbeing and Safety
Act 2005, for "child whose death is" (wherever
occurring) substitute "child who is or whose
5 death is".
14 Disclosure by health professionals and welfare
practitioners
(1) In section 35(1) of the Child Wellbeing and
Safety Act 2005, for "child whose death is"
10 substitute "child who is or whose death is".
(2) In section 35(2) of the Child Wellbeing and
Safety Act 2005 after "that relates to" insert
"a child or".
(3) In section 35(3)(b)(ii) of the Child Wellbeing
15 and Safety Act 2005, after "child deaths" insert
"and child safety".
15 Confidentiality
In section 40(2) of the Child Wellbeing and
Safety Act 2005, for "whose death is" substitute
20 "who is or whose death is".
__________________
561302B.I-31/3/2009 9 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Part 4--Repeal of Amending Act
s. 16
PART 4--REPEAL OF AMENDING ACT
16 Repeal of amending Act
This Act is repealed on the first anniversary of
the day on which this Act receives the Royal
5 Assent.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561302B.I-31/3/2009 10 BILL LA INTRODUCTION 31/3/2009
Children Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561302B.I-31/3/2009 11 BILL LA INTRODUCTION 31/3/2009
[Index] [Search] [Download] [Related Items] [Help]