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PARLIAMENT OF VICTORIA
Child Wellbeing and Safety Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--PRINCIPLES FOR CHILDREN 6
4. Principles are for guidance 6
5. Principles for children 6
PART 3--CHILD WELLBEING AND SAFETY 9
6. The role of the Minister 9
7. Role of the Secretary in relation to Aboriginal communities 9
PART 4--VICTORIAN CHILDREN'S COUNCIL 10
8. Establishment of Victorian Children's Council 10
9. Constitution of Council 10
10. Functions of the Council 11
11. Sub-committees 11
12. Procedure of the Council 11
PART 5--CHILDREN'S SERVICES CO-ORDINATION BOARD 12
13. Establishment of Children's Services Co-ordination Board 12
14. Constitution of Board 12
15. Functions of the Board 12
16. Procedure of the Board 13
PART 6--CHILD SAFETY COMMISSIONER 14
Division 1--Child Safety Commissioner 14
17. Object of Part 14
18. Child Safety Commissioner 14
19. General functions in relation to child safety 14
20. Powers 15
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551334B.I1-5/10/2005 BILL LA INTRODUCTION 5/10/2005
Clause Page
21. Delegation 15
22. Authorised persons 15
23. Assistance to be provided 15
Division 2--Working with Children 16
24. Functions in relation to working with children 16
25. Review of administration of Working with Children
Act 2005 16
26. Access to records 17
27. Disclosure by Child Safety Commissioner 17
28. Assistance to be provided 18
Division 3--Monitoring of Out of Home Care Services 18
29. Functions in relation to children in out of home care 18
30. Access to records 19
31. Disclosure by Child Safety Commissioner 19
32. Disclosure by authorised person 20
Division 4--Inquiries into Child Deaths 20
33. Functions in relation to child deaths 20
34. Access to information 21
35. Disclosure by health professionals and welfare practitioners 22
36. Disclosers protected 22
37. Protection against self-incrimination 23
38. Disclosure by Child Safety Commissioner 23
39. Disclosure by authorised person 24
Division 5--General 24
40. Confidentiality 24
41. Commissioner's report 25
PART 7--BIRTH NOTIFICATION 26
42. Application of Part 26
43. Early notification of births 26
44. How must the birth notice be given? 26
45. What must be done once notice is received? 27
46. Offence to fail to give notice 27
PART 8--GENERAL 28
47. Regulations 28
48. Repeal 28
ENDNOTES 29
INDEX 30
ii
551334B.I1-5/10/2005 BILL LA INTRODUCTION 5/10/2005
PARLIAMENT OF VICTORIA
A BILL
to establish principles for the wellbeing of children, to establish the
Victorian Children's Council and the Children's Services Co-
ordination Board, to provide for the Child Safety Commissioner and
to confer functions and powers on the Child Safety Commissioner in
relation to the safety of children, to provide for the notification of
births to municipal councils, to repeal Part IX of the Health Act 1958
and for other purposes.
Child Wellbeing and Safety Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to establish principles for the wellbeing of
children; and
5
1
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Child Wellbeing and Safety Act 2005
Act No.
Part 1--Preliminary
s. 2
(b) to establish the Victorian Children's Council;
and
(c) to establish the Children's Services
Co-ordination Board; and
(d) to provide for the Child Safety
5
Commissioner; and
(e) to confer functions and powers on the Child
Safety Commissioner in relation to the safety
of children; and
(f) to provide for the notification of births to
10
municipal councils; and
(g) to repeal Part IX of the Health Act 1958.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
15
(2) If a provision of this Act does not come into
operation before 1 October 2007, it comes into
operation on that day.
3. Definitions
In this Act--
20
"authorised person" means a person authorised
by the Child Safety Commissioner under
section 22;
"central register" means the central register
referred to in section 65(1)(b) of the
25
Children and Young Persons Act 1989;
"child" means a person who is under the age of
18 years;
2
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Act No.
Part 1--Preliminary
s. 3
"Child Safety Commissioner" means the Child
Safety Commissioner employed under Part 3
of the Public Administration Act 2004;
"council" has the same meaning as it has in the
Local Government Act 1989;
5
"health professional" means--
(a) a registered medical practitioner within
the meaning of the Medical Practice
Act 1994; or
(b) a registered nurse within the meaning
10
of the Nurses Act 1993; or
(c) a registered psychologist within the
meaning of the Psychologists
Registration Act 2000;
"health service" means--
15
(a) a relevant health service within the
meaning of section 141 of the Health
Services Act 1988; or
(b) a relevant psychiatric service within the
meaning of section 120A of the Mental
20
Health Act 1986;
"human service" means--
(a) a children's service within the meaning
of the Children's Services Act 1996;
or
25
(b) a body that receives funding from the
Secretary under a State contract to
provide disability services to a child
who is an eligible person within the
meaning of the Intellectually Disabled
30
Persons' Services Act 1986 or the
Disability Services Act 1991; or
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Act No.
Part 1--Preliminary
s. 3
(c) a body that receives funding from the
Secretary under a State contract to
provide family support services or
services to homeless persons; or
(d) a body that receives funding from the
5
Director of Housing under a State
contract to provide assistance in
providing housing services or other
assistance to homeless persons; or
(e) a body that receives funding from the
10
Secretary under a State contract to
provide drug or alcohol treatment
services;
"Maternal and Child Health Centre" means a
centre where health advice is given to the
15
parents and other caregivers of children
under 6 years of age;
"municipal district" has the same meaning as it
has in the Local Government Act 1989;
"out of home care service" means--
20
(a) a community service established under
section 57 of the Children and Young
Persons Act 1989 to provide out of
home care for children; or
(b) a community service approved under
25
section 58(1) of the Children and
Young Persons Act 1989;
"performance standards" means standards
provided for in a direction under section 59
of the Children and Young Persons Act
30
1989;
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s. 3
"post-secondary qualification" means a
qualification from an institution, person or
body providing or offering to provide
(whether in or outside Victoria) post-
secondary education as defined in the
5
Tertiary Education Act 1993 (whether or
not that institution, person or body has since
ceased to exist) and includes a qualification
from a post-secondary education provider as
defined in that Act;
10
"Secretary" means the Secretary to the
Department of Human Services established
under the Public Administration Act 2004;
"State contract" means a contract entered into
for or on behalf of the State;
15
"welfare practitioner" means--
(a) a person with a post-secondary
qualification in youth, social or welfare
work who works in the health,
education or community or welfare
20
services field in a capacity that requires
that person to hold such a qualification;
or
(b) a person employed under Part 3 of the
Public Administration Act 2004 to
25
perform the duties of a child,
adolescent and family welfare officer;
or
(c) a person who is engaged in the
provision of community or welfare
30
services under a State contract.
__________________
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Child Wellbeing and Safety Act 2005
Act No.
Part 2--Principles for Children
s. 4
PART 2--PRINCIPLES FOR CHILDREN
4. Principles are for guidance
(1) It is the intention of Parliament that the principles
set out in this Part should be used for guidance in
the development and provision of Government,
5
Government-funded and community services for
children and their families.
(2) The Parliament does not intend by this Part--
(a) to create in any person any legal right or give
rise to any civil cause of action; or
10
(b) to affect in any way the interpretation of any
Act or law in force in Victoria.
5. Principles for children
(1) The development and provision of services for
children and families should be based upon the
15
fundamental principles that--
(a) society as a whole shares responsibility for
promoting the wellbeing and safety of
children;
(b) all children should be given the opportunity
20
to reach their full potential and participate in
society irrespective of their family
circumstances and background;
(c) those who develop and provide services, as
well as parents, should give the highest
25
priority to the promotion and protection of a
child's safety, health, development,
education and wellbeing;
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Part 2--Principles for Children
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(d) parents are the primary nurturers of a child
and Government intervention into family life
should be limited to that necessary to secure
the child's safety and wellbeing, however, it
is the responsibility of Government to meet
5
the needs of the child when the child's family
is unable to provide adequate care and
protection.
(2) Services for children and families should be
designed and developed--
10
(a) to readily identify harm and damage to the
child and to provide for intervention by
providers of services to remove or ameliorate
the causes of that harm or damage and to
strengthen the capacity and efforts of
15
parents, their families and communities to
support the child as early as possible in the
child's life;
(b) to accord with the needs of each local
community with the active involvement of
20
that community's cultural groups, and to be
accessible and responsive to the particular
cultures, languages and circumstances of the
community and to be properly planned and
co-ordinated with services provided by other
25
local and regional communities;
(c) to give the highest priority to making
appropriate and sufficient levels of assistance
available to children and families in
communities or population groups that are
30
known to have the greatest need;
(d) to promote continuous improvement in the
quality of those services, based on the best
available knowledge of the needs of children
and their stages of development.
35
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(3) The providers of services to children and families
should--
(a) protect the rights of children and families
and, to the greatest extent possible,
encourage their participation in any decision-
5
making that affects their lives;
(b) acknowledge and be respectful of the child's
individual identity, circumstances and
cultural identity and be responsive to the
particular needs of the child;
10
(c) make decisions about intervention by the
providers of services into a child's or family's
life and about access by a child or family to
those services in a timely manner being
mindful of any harmful effects that may be
15
caused to the child by a delay in making
decisions or providing services;
(d) ensure that families are made aware of the
services available to them and of the benefits
these services can provide, especially to
20
those families in most need of assistance;
(e) co-operate with other services or
professionals to work in the interests of the
child and family.
__________________
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Act No.
Part 3--Child Wellbeing and Safety
s. 6
PART 3--CHILD WELLBEING AND SAFETY
6. The role of the Minister
(1) The Minister must promote the co-ordination of
Government programs that affect child wellbeing
and safety.
5
(2) The Minister may establish any advisory
committee that the Minister considers appropriate
to assist the Minister in the administration of this
Act.
7. Role of the Secretary in relation to Aboriginal
10
communities
The Secretary must work with Aboriginal
communities to establish a Victorian Aboriginal
Child Wellbeing Charter.
__________________
9
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Child Wellbeing and Safety Act 2005
Act No.
Part 4--Victorian Children's Council
s. 8
PART 4--VICTORIAN CHILDREN'S COUNCIL
8. Establishment of Victorian Children's Council
The Victorian Children's Council is established.
9. Constitution of Council
(1) The Victorian Children's Council consists of--
(a) the Child Safety Commissioner; and
5
(b) at least 8 other members appointed by the
Minister.
(2) The Minister must appoint one of the members to
be the Chairperson.
(3) A person appointed under sub-section (1)(b) must
10
be a person who, in the opinion of the Minister,
has expert knowledge of policies and services that
enhance the health, wellbeing, development or
safety of children.
(4) A member (other than the Child Safety
15
Commissioner)--
(a) holds office for such period not exceeding
three years, as is specified in the instrument
of appointment and is eligible for
re-appointment;
20
(b) is entitled to the remuneration and
allowances determined by the Minister from
time to time;
(c) may resign from the office of member by
writing to the Minister;
25
(d) may be removed from office by the Minister;
(e) is not in respect of the office of member
subject to the Public Administration Act
2004 (other than Part 5 of that Act).
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Part 4--Victorian Children's Council
s. 10
10. Functions of the Council
(1) The functions of the Council are to provide the
Premier and the Minister with independent and
expert advice relating to policies and services that
enhance the health, wellbeing, development and
5
safety of children.
(2) The Secretary must make available to the Council
the services of any employees in the Department
that are necessary to enable the Council to carry
out its functions.
10
11. Sub-committees
(1) The Council, subject to the approval of the
Minister, may appoint for the purposes of carrying
out any of its functions under this Part a sub-
committee consisting of such members as it
15
determines together with such other persons as it
determines.
(2) A sub-committee appointed under this section
must report to the Council.
12. Procedure of the Council
20
(1) A majority of members for the time being of the
Victorian Children's Council constitutes a quorum
of that Council.
(2) The Victorian Children's Council may regulate its
own proceedings.
25
__________________
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Child Wellbeing and Safety Act 2005
Act No.
Part 5--Children's Services Co-ordination Board
s. 13
PART 5--CHILDREN'S SERVICES CO-ORDINATION
BOARD
13. Establishment of Children's Services Co-ordination
Board
The Children's Services Co-ordination Board is
5
established.
14. Constitution of Board
The Children's Services Co-ordination Board
consists of--
(a) the Secretary to the Department of Premier
10
and Cabinet; and
(b) the Secretary to the Department of Treasury
and Finance; and
(c) the Secretary to the Department of Human
Services; and
15
(d) the Secretary to the Department of Education
and Training; and
(e) the Secretary to the Department of Justice;
and
(f) the Secretary to the Department of Victorian
20
Communities; and
(g) the Chief Commissioner of Police.
15. Functions of the Board
The functions of the Children's Services
Co-ordination Board are--
25
(a) to review annually and report to the Minister
on the outcomes of Government actions in
relation to children, particularly the most
vulnerable children in the community; and
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s. 16
(b) to monitor administrative arrangements to
support co-ordination of Government actions
relating to children at local and regional
levels.
16. Procedure of the Board
5
(1) A majority of the members for the time being of
the Children's Services Co-ordination Board
constitutes a quorum of that Board.
(2) The Children's Services Co-ordination Board may
regulate its own proceedings.
10
__________________
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Child Wellbeing and Safety Act 2005
Act No.
Part 6--Child Safety Commissioner
s. 17
PART 6--CHILD SAFETY COMMISSIONER
Division 1--Child Safety Commissioner
17. Object of Part
The object of this Part is to promote continuous
improvement and innovation in--
(a) policies and practices relating to child safety;
5
and
(b) the provision of out of home care services
for children.
18. Child Safety Commissioner
There is to be a Child Safety Commissioner
10
employed under Part 3 of the Public
Administration Act 2004.
19. General functions in relation to child safety
The functions of the Child Safety Commissioner
are--
15
(a) to provide advice and recommendations to
the Minister about child safety issues, at the
request of the Minister;
(b) to promote child-friendly and child-safe
practices in the Victorian community;
20
(c) the functions relating to working with
children conferred by Division 2;
(d) the functions relating to out of home care
conferred by Division 3;
(e) the functions relating to child deaths
25
conferred by Division 4;
(f) any other functions conferred on the Child
Safety Commissioner under this Act or any
other Act.
14
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Part 6--Child Safety Commissioner
s. 20
20. Powers
For the purpose of performing his or her
functions, the Child Safety Commissioner--
(a) has such powers as are conferred on him or
her by this Act or any other Act; and
5
(b) may do all other things necessary or
convenient to be done for or in connection
with, or as incidental to, the performance of
his or her functions.
21. Delegation
10
The Child Safety Commissioner may by
instrument delegate to any person employed under
Part 3 of the Public Administration Act 2004 in
the administration of this Part any of the powers
and functions of the Child Safety Commissioner
15
under this Act except this power of delegation.
22. Authorised persons
(1) The Child Safety Commissioner may authorise
any person to assist the Child Safety
Commissioner in carrying out his or her functions.
20
(2) An authorisation may be general or limited to
specified functions.
(3) The Child Safety Commissioner must not
authorise a person under this section unless the
Child Safety Commissioner is satisfied that the
25
person is appropriately qualified or has
successfully completed appropriate training.
23. Assistance to be provided
(1) The Secretary must ensure that the Child Safety
Commissioner or any authorised person is
30
provided with any assistance in connection with
the reasonable exercise of the Commissioner's
functions that the Commissioner or authorised
person reasonably requires.
15
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(2) The person in charge of an out of home care
service must ensure that the Child Safety
Commissioner or any authorised person is
provided with any assistance in connection with
the Commissioner's functions that the
5
Commissioner or authorised person reasonably
requires.
Division 2--Working with Children
24. Functions in relation to working with children
The Child Safety Commissioner has the following
10
functions in relation to working with children--
(a) to review and report on the administration of
the Working with Children Act 2005;
(b) in consultation with the Secretary to the
Department of Justice, to educate and inform
15
the community about that Act.
25. Review of administration of Working with Children
Act 2005
(1) The Child Safety Commissioner must conduct an
annual review of the administration of the
20
Working with Children Act 2005.
(2) The Child Safety Commissioner must provide a
report on the results of a review under sub-
section (1) to--
(a) the Minister; and
25
(b) the Minister administering the Working
with Children Act 2005; and
(c) the Secretary to the Department of Justice.
(3) A report must be made within 3 months after the
end of each financial year.
30
(4) A report may make any recommendations the
Child Safety Commissioner considers appropriate.
16
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s. 26
(5) A report must not include any information that
identifies or could lead to the identification of any
person who has made an application or who has
been issued with a notice under the Working with
Children Act 2005.
5
26. Access to records
(1) The Child Safety Commissioner or any authorised
person may have, and must be given, access to the
records kept by the Secretary to the Department of
Justice under the Working with Children Act
10
2005 in relation to the administration of that Act.
(2) This section applies despite anything to the
contrary in the Working with Children Act
2005.
27. Disclosure by Child Safety Commissioner
15
(1) In this section "relevant person" means--
(a) a person who is or has been the Child Safety
Commissioner; or
(b) a person who is or has been a delegate of the
Child Safety Commissioner; or
20
(c) a person who is or has been an authorised
person.
(2) A relevant person must not, except to the extent
necessary--
(a) to carry out functions under this Division; or
25
(b) to exercise powers under this Division; or
(c) to give any information he or she is
expressly authorised, permitted or required
to give under this Division--
disclose to any other person, whether directly or
30
indirectly, any information acquired by the
relevant person under this Division.
Penalty: 60 penalty units.
17
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Part 6--Child Safety Commissioner
s. 28
(3) Sub-section (2) does not apply to the disclosure of
information--
(a) to a court or tribunal in the course of
criminal legal proceedings; or
(b) pursuant to an order of a court or tribunal
5
made under another Act or law; or
(c) to an Australian legal practitioner for the
purpose of obtaining legal advice or
representation; or
(d) with the consent of the Minister responsible
10
for administering the Working with
Children Act 2005 and in accordance with
the conditions specified by that Minister, if
that Minister is of the opinion that it is in the
public interest that the information be so
15
disclosed.
28. Assistance to be provided
The Secretary to the Department of Justice must
ensure that the Child Safety Commissioner or an
authorised person is provided with any assistance
20
in connection with the reasonable exercise of the
Commissioner's functions under this Division that
the Commissioner reasonably requires.
Division 3--Monitoring of Out of Home Care Services
29. Functions in relation to children in out of home care
25
The Child Safety Commissioner has the following
functions in relation to out of home care services
for children and children in out of home care--
(a) to promote the provision of out of home care
services that encourage the active
30
participation of those children in the making
of decisions that affect them;
18
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Part 6--Child Safety Commissioner
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(b) to advise the Minister and the Secretary on
the performance of out of home care
services;
(c) at the request of the Minister, to investigate
and report on an out of home care service.
5
30. Access to records
(1) This section applies if the Child Safety
Commissioner is investigating an out of home
care service at the request of the Minister.
(2) The Child Safety Commissioner and any
10
authorised person may have, and must be given,
access to--
(a) any information on the central register in
relation to the out of home care service; and
(b) any other documents held in or by the
15
Department relating to the out of home care
service or any child in out of home care to
whom it provides services.
(3) The Child Safety Commissioner and any
authorised person may have, and must be given,
20
access to any documents or files held by the out of
home care service relating to the operation of the
service or any child to whom it provides services.
31. Disclosure by Child Safety Commissioner
(1) The Child Safety Commissioner may use and
25
disclose to the Minister and the Secretary any
information acquired by the Child Safety
Commissioner in carrying out his or her functions
under this Division.
(2) The Child Safety Commissioner may disclose to
30
an authorised person any information acquired by
the Child Safety Commissioner that is relevant to
carrying out a function under this Division for
which the person is authorised under section 22.
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32. Disclosure by authorised person
An authorised person may disclose to the Child
Safety Commissioner any information acquired by
the authorised person in carrying out any function
under this Division for which the person is
5
authorised under section 22.
Division 4--Inquiries into Child Deaths
33. Functions in relation to child deaths
(1) The Child Safety Commissioner must conduct an
inquiry and prepare a report in relation to a child
10
who has died and who was a child protection
client at the time of his or her death or within
3 months before his or her death.
(2) The object of an inquiry under this section is to
promote continuous improvement and innovation
15
in policies and practices relating to child
protection and safety.
(3) The inquiry must relate to the services provided,
or omitted to be provided, to the child before his
or her death.
20
(4) The Secretary must advise the Child Safety
Commissioner of the death of each child who was
a child protection client at the time of his or her
death or within 3 months before his or her death.
(5) For the purposes of this Division--
25
(a) a child is a child protection client if the child
has come to the attention of the Secretary as
being a child in need of protection within the
meaning of section 63 of the Children and
Young Persons Act 1989; and
30
(b) a child ceases to be a child protection client
when the Secretary records in the central
register that the child's case is closed.
20
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(6) Nothing in this Division is intended to limit or
affect any power or function of a coroner or a
member of the police force to investigate the
death of a child.
34. Access to information
5
(1) The Child Safety Commissioner and any
authorised person may have, and must be given,
access to--
(a) any information on the central register in
relation to a child whose death is the subject
10
of an inquiry under this Division that the
Commissioner or authorised person
reasonably requires; and
(b) any other information, documents or records
held in or by the Department in relation to a
15
child whose death is the subject of an inquiry
under this Division that the Commissioner or
authorised person reasonably requires.
(2) The Child Safety Commissioner and any
authorised person may have, and must be given,
20
access to any information, documents or files held
by an out of home care service relating to a child
whose death is the subject of an inquiry under this
Division that the Commissioner or authorised
person reasonably requires.
25
(3) The person in charge of a health service or a
human service must provide the Child Safety
Commissioner or an authorised person with access
to any information, documents or files held by the
health service or human service relating to a child
30
whose death is the subject of an inquiry under this
Division that the Commissioner or authorised
person reasonably requires.
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s. 35
35. Disclosure by health professionals and welfare
practitioners
(1) The Child Safety Commissioner or an authorised
person may request a health professional or a
welfare practitioner to provide such information
5
as the Commissioner or authorised person
reasonably requires in relation to a child whose
death is the subject of an inquiry under this
Division.
(2) A health professional or a welfare practitioner
10
may disclose to the Child Safety Commissioner or
an authorised person any information in the
possession of that person that relates to the death
of a child that is the subject of an inquiry under
this Division.
15
(3) In determining whether to disclose information
under this Division, a health professional or
welfare practitioner must have regard to--
(a) the object of this Part; and
(b) the public interest in ensuring that--
20
(i) child protection systems are effective;
and
(ii) the Child Safety Commissioner can
conduct effective inquiries into child
deaths.
25
36. Disclosers protected
A disclosure of information made under
section 34 or 35 in good faith--
(a) does not for any purpose constitute
unprofessional conduct or a breach of
30
professional ethics on the part of the person
by whom it is made; and
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Act No.
Part 6--Child Safety Commissioner
s. 37
(b) does not make the person by whom it is
made subject to any liability in respect of it;
and
(c) without limiting paragraphs (a) and (b), does
not constitute a contravention of--
5
(i) section 141 of the Health Services Act
1988; or
(ii) section 120A of the Mental Health Act
1986.
37. Protection against self-incrimination
10
It is a reasonable excuse for a natural person to
refuse or fail to give information or do any other
thing that the person is required to do by or under
this Division, if the giving of the information or
the doing of that other thing would tend to
15
incriminate the person.
38. Disclosure by Child Safety Commissioner
(1) The Child Safety Commissioner may use and
disclose to the Minister or the Secretary any
information acquired by the Child Safety
20
Commissioner in carrying out his or her functions
under this Division.
(2) The Child Safety Commissioner must give a copy
of any report of an inquiry under this Division to
the Minister and the Secretary.
25
(3) At the request of the Minister, the Child Safety
Commissioner must give a copy of a report of any
inquiry under this Division to an advisory
committee established by the Minister.
(4) The Child Safety Commissioner may disclose to
30
an authorised person any information acquired by
the Child Safety Commissioner that is relevant to
carrying out any function under this Division for
which the person is authorised under section 22.
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Part 6--Child Safety Commissioner
s. 39
39. Disclosure by authorised person
An authorised person may disclose to the Child
Safety Commissioner any information acquired by
the authorised person in carrying out any function
under this Division for which the person is
5
authorised under section 22.
Division 5--General
40. Confidentiality
(1) In this section--
"relevant person" means--
10
(a) a person who is or has been the Child
Safety Commissioner; or
(b) a person who is or has been a delegate
of the Child Safety Commissioner; or
(c) a person who is or has been an
15
authorised person; or
(d) a person who is or has been a member
of an advisory committee referred to in
section 38; or
(e) a person who is or has been appointed
20
to assist an advisory committee referred
to in section 38;
"senior available next of kin" has the same
meaning as in the Human Tissue Act 1982.
(2) A relevant person must not, except to the extent
25
necessary--
(a) to carry out functions under this Part; or
(b) to exercise powers under this Part; or
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Child Wellbeing and Safety Act 2005
Act No.
Part 6--Child Safety Commissioner
s. 41
(c) to give any information he or she is
expressly authorised, permitted or required
to give under this Part--
disclose to any other person, whether directly or
indirectly, any information acquired by reason of
5
being a relevant person if a person who is or has
been a child in out of home care or a child whose
death is the subject of an inquiry under Division 4
or a member of that person's family will or may be
identified from that information.
10
Penalty: 60 penalty units.
(3) Sub-section (2) does not apply to the disclosure of
information--
(a) with the prior consent in writing of the
person to whom the information relates or,
15
if that person has died, with the consent
(which may be express or implied) of the
senior available next of kin of that person; or
(b) to a court or tribunal in the course of
criminal legal proceedings; or
20
(c) pursuant to an order of a court or tribunal
made under another Act or law; or
(d) to an Australian legal practitioner for the
purpose of obtaining legal advice or
representation.
25
41. Commissioner's report
(1) The Child Safety Commissioner must submit an
annual report on the operation of this Part to the
Minister on or before 31 December in each year.
(2) The Minister must cause a report received under
30
sub-section (1) to be laid before each House of
Parliament within 21 sitting days of that House
after it is received.
__________________
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Child Wellbeing and Safety Act 2005
Act No.
Part 7--Birth Notification
s. 42
PART 7--BIRTH NOTIFICATION
42. Application of Part
(1) This Part applies in the case of every birth in
Victoria, whether the child is born alive or dead,
except for the delivery of a non-viable foetus.
5
(2) This Part applies in addition to the requirements
of the Births, Deaths and Marriages
Registration Act 1996.
43. Early notification of births
(1) If a child is born in Victoria notice of the birth of
10
the child (the "birth notice") must be given by
the responsible person to--
(a) the Chief Executive Officer of the council of
the municipal district in which the mother of
the child usually resides; or
15
(b) if the municipal district is not known to the
person giving notice, the Chief Executive
Officer of the council of the municipal
district in which the birth occurs; or
(c) if the mother of the child usually resides
20
outside Victoria, the Secretary.
(2) The notice must be in the prescribed form.
(3) In this section, "responsible person" has the
same meaning as it has in section 12 of the Births,
Deaths and Marriages Registration Act 1996.
25
44. How must the birth notice be given?
(1) The birth notice must be given--
(a) personally; or
(b) by post; or
(c) by facsimile transmission; or
30
(d) by electronic communication.
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Act No.
Part 7--Birth Notification
s. 45
(2) The birth notice must be given within--
(a) 48 hours after the birth to which the notice
relates; or
(b) if a longer period is prescribed in respect of a
particular municipal district, that longer
5
period.
45. What must be done once notice is received?
On receipt of the birth notice the Chief Executive
Officer of a council must, as soon as practicable,
send a copy of the notice--
10
(a) if in the municipal district of the council
there is a Maternal and Child Health Centre
under the control of and subsidised by the
council, to the nurse whose duty it is to visit
or communicate with the house to which the
15
notice relates; or
(b) in any other case, to the Secretary.
46. Offence to fail to give notice
(1) Any person who fails to give notice of a birth in
accordance with this Part is guilty of an offence
20
and is liable to a penalty of not more than
1 penalty unit.
(2) It is a defence to a prosecution for an offence
under sub-section (1) if the person--
(a) satisfies the court that he or she had
25
reasonable grounds to believe that notice had
been duly given by another person; or
(b) had other reasonable grounds for not giving
the notice.
__________________
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Child Wellbeing and Safety Act 2005
Act No.
Part 8--General
s. 47
PART 8--GENERAL
47. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
5
Act.
48. Repeal
See: Part IX of the Health Act 1958 is repealed.
Act No.
6270.
Reprint No. 10
as at
1 July 2002
and
amending
Act Nos
48/1988,
46/2003,
36/2004,
108/2004,
12/2005,
42/2005 and
62/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
28
551334B.I1-5/10/2005 BILL LA INTRODUCTION 5/10/2005
Child Wellbeing and Safety Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
29
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Child Wellbeing and Safety Act 2005
Act No.
INDEX
Subject Section
7
Aboriginal communities
Act
commencement 2
purposes 1
repeal 48
3, 22, 30, 34, 35
Authorised persons
See also Disclosure of information
4246
Births
3, 30, 34
Central register
Child (def.) 3
3339
Child deaths
Child Safety Commissioner
annual report on operation of Part 6 41
definition 3
delegation 21
employment of 18
functions regarding
authorised persons 22
child deaths 3338
general 19
out of home care services 29, 30
working with children 2426
object of Part 6 17
powers 20
See also Disclosure of information
1316
Children's Services Co-ordination Board
3, 43, 45
Councils
3, 27, 40, 43
Definitions
27, 31, 32, 35, 36,
Disclosure of information
3840
3, 35
Health professionals
3, 34
Health services
3, 34
Human services
3, 45
Maternal and Child Health Centre
6, 9, 11, 29, 38, 41
Minister
Offences and penalties
disclosure of information 27, 40
failure to give notice of birth 46
3, 23, 29, 30, 34
Out of home care services
Performance standards (def.) 3
4, 5
Principles for children
47
Regulations
48
Repeal
3, 7, 10, 23, 33
Secretary
28
Secretary to Department of Justice
37
Self-incrimination
State contract (def.) 3
7
Victorian Aboriginal Child Wellbeing Charter
30
551334B.I1-5/10/2005 BILL LA INTRODUCTION 5/10/2005
Child Wellbeing and Safety Act 2005
Act No.
Subject Section
Victorian Children's Council
Chairperson 9
establishment 8
functions 10
membership 9
procedure 12
sub-committees 11
terms of appointment 9
3, 35
Welfare practitioners
24, 25
Working with Children Act 2005
31
551334B.I1-5/10/2005 BILL LA INTRODUCTION 5/10/2005
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