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PARLIAMENT OF VICTORIA
Children, Youth and Families (Consequential and
Other Amendments) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005 3
3. Definitions 3
4. Decision-making principles 3
5. Delegation 4
6. Referrals 4
7. Response to referrals 4
8. Consultation 5
9. Reporters and referrers protected 5
10. Definitions--out of home carers 6
11. Register of out of home carers 7
12. Child in need of protection 7
13. Confidentiality 7
14. Disclosure of information 8
15. Dispute resolution convenors 8
16. Temporary assessment order 8
17. Undertakings 9
18. Lapsing of guardianship to Secretary orders 9
19. Breach of interim protection order 9
20. Matters to be taken into account in sentencing 10
21. Instalment orders 10
22. Youth Residential Board 10
23. Youth Parole Board 10
24. New Division 4 inserted 10
Division 4--Change of Name Applications by Detainees 10
488H. Application 10
488I. Definitions 10
488J. Applications for change of name by or on behalf of a
detainee 11
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551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
Clause Page
488K. Approval by Secretary 12
488L. Approval to be notified in writing 12
488M. Registration of name change 13
488N. Registrar may correct Register 13
25. Recall and cancellation of warrant 14
26. Publication 14
27. New section 581 substituted 14
581. CAYPINS procedure 14
28. Powers of Secretary in relation to medical services and
operations 14
29. Schedule 3 substituted 15
SCHEDULE 3--Children and Young Persons Infringement
Notice System 15
30. Schedule 4 substituted 31
SCHEDULE 4--Transitional and Saving Provisions 31
PART 3--AMENDMENT OF THE CHILDREN AND YOUNG
PERSONS ACT 1989 45
31. Delegation 45
32. Instalment orders 45
33. New Division 12A of Part 4 inserted 45
Division 12A--Change of Name Applications by Detainees 45
260AA. Application 45
260AB. Definitions 45
260AC. Applications for change of name by or on behalf of a
detainee 46
260AD. Approval by Secretary 47
260AE. Approval to be notified in writing 47
260AF. Registration of name change 48
260AG. Registrar may correct Register 48
34. Schedule 2A substituted 49
SCHEDULE 2A--Children and Young Persons Infringement
Notice System 49
PART 4--AMENDMENT OF OTHER ACTS AND REPEAL 66
35. Amendment of Victorian Civil and Administrative Tribunal
Act 1998 66
36. Amendment of Commonwealth Powers (Family Law--
Children) Act 1986 66
37. Amendment of Terrorism (Community Protection)
(Amendment) Act 2006 67
38. Amendment of Melbourne City Link Act 1995 68
39. Amendment of Road Safety Act 1986 69
ii
551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
Clause Page
40. Amendment of Infringements Act 2006 69
41. Repeal of Adoption (Amendment) Act 1991 69
42. Consequential amendments to other Acts 70
__________________
SCHEDULE--Consequential Amendments 71
ENDNOTES 87
iii
551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
PARLIAMENT OF VICTORIA
Initiated in Assembly 6 June 2006
As amended by Assembly 19 July 2006
A BILL
to amend the Children, Youth and Families Act 2005 and the
Children and Young Persons Act 1989, to amend other Acts as a
consequence of the enactment of the Children, Youth and Families
Act 2005, to repeal the Adoption (Amendment) Act 1991 and for
other purposes.
Children, Youth and Families
(Consequential and Other
Amendments) Act 2006
The Parliament of Victoria enacts as follows:
1
551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Children, Youth and Families
Act 2005; and
5
(b) to amend the Children and Young Persons
Act 1989; and
(c) to amend other Acts as a consequence of the
enactment of the Children, Youth and
Families Act 2005; and
10
(d) to repeal the Adoption (Amendment) Act
1991.
2. Commencement
(1) Subject to sub-section (2), this Part, Part 3 and
sections 37, 38, 39, 40 and 41 come into operation
15
on a day to be proclaimed.
(2) If a provision referred to in sub-section (1) does
not come into operation before 1 September 2006,
it comes into operation on that day.
(3) The remaining provisions of this Act come into
20
operation on the day on which section 601 of the
Children, Youth and Families Act 2005 comes
into operation.
__________________
2
551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 3
See:
PART 2--AMENDMENT OF THE CHILDREN, YOUTH AND
Act No.
FAMILIES ACT 2005 96/2005
and
amending
3. Definitions Act Nos
93/2005,
In section 3(1) of the Children, Youth and 97/2005,
Families Act 2005--
5 5/2006,
23/2006 and
(a) in the definition of "central register" for 24/2006.
Statute Book
"established" substitute "maintained"; www.dms.
dpc.vic.
(b) in the definition of "Youth Parole Board" for gov.au
"established by" substitute "referred to in";
(c) in the definition of "Youth Residential
10
Board" for "established by section 431(1)"
substitute "referred to in section 431".
4. Decision-making principles
(1) In section 12(b) of the Children, Youth and
Families Act 2005--
15
(a) after "decision" insert "in relation to the
placement of an Aboriginal child or other
significant decision";
(b) after "agency" insert "or by an Aboriginal
organisation approved by the Secretary".
20
(2) At the end of section 12 of the Children, Youth
and Families Act 2005 insert--
'(2) The requirement under sub-section (1)(c) to
consult with an Aboriginal agency does not
apply to the making of a decision or the
25
taking of an action under Part 3.5.
(3) In this section "Aboriginal organisation"
means an organisation that is managed by
Aboriginal persons and that carries on its
activities for the benefit of Aboriginal
30
persons.'.
3
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 5
(3) After section 13(2) of the Children, Youth and
Families Act 2005 insert--
"(3) The requirements under sub-section (1)(a) to
have regard to the advice of the relevant
Aboriginal agency and under sub-section
5
(2)(b) to consult with the relevant
Aboriginal agency do not apply to the
making of a decision or the taking of an
action under Part 3.5.".
5. Delegation
10
(1) In section 17(1) of the Children, Youth and
Families Act 2005--
(a) paragraph (c) is repealed;
(b) after paragraph (f) insert--
"(fa) the power to approve under
15
section 488K a change of name
application; and".
(2) Section 17(3) of the Children, Youth and
Families Act 2005 is repealed.
6. Referrals
20
In section 22(b) of the Children, Youth and
Families Act 2005, for "reports" substitute
"referrals".
7. Response to referrals
(1) In section 33(1)(a) of the Children, Youth and
25
Families Act 2005, for "report" substitute
"referral".
(2) In section 33(1)(c) of the Children, Youth and
Families Act 2005 before "a service agency"
insert "another community-based child and
30
family service or to".
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 8
(3) In section 33(3)(d) of the Children, Youth and
Families Act 2005 before "a service agency"
insert "another community-based child and
family service or to".
8. Consultation
5
(1) In section 35(1) of the Children, Youth and
Families Act 2005--
(a) for paragraph (a) substitute--
"(a) consult with a community service, a
service agency or an information
10
holder; and";
(b) in paragraph (b) for "or agency" substitute
", agency or information holder".
(2) For section 36(2)(b) of the Children, Youth and
Families Act 2005 substitute--
15
"(b) a community service;".
(3) For section 36(3)(b) of the Children, Youth and
Families Act 2005 substitute--
"(b) a community service;".
(4) In section 36(5) of the Children, Youth and
20
Families Act 2005 after "service" insert "or other
community service".
9. Reporters and referrers protected
(1) In the heading to section 40 of the Children,
Youth and Families Act 2005, after
25
"Reporters" insert "and referrers".
(2) In the heading to section 41 of the Children,
Youth and Families Act 2005, after "reporter"
insert "or referrer".
5
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 10
(3) For section 41(1) of the Children, Youth and
Families Act 2005 substitute--
"(1) If a report is made to the Secretary under
section 28 or 29, a person (other than the
person who made it) must not disclose to any
5
person other than the Secretary or a
community-based child and family service to
which the matter is referred under
section 30--
(a) the name of the person who made the
10
report; and
(b) any information that is likely to lead to
the identification of the person who
made the report.
Penalty: 60 penalty units.
15
(1A) If a referral is made to a community-based
child and family service under section 31
or 32, a person (other than the person who
made it) must not disclose to any person
other than the Secretary or that community-
20
based child and family service--
(a) the name of the person who made the
referral; and
(b) any information that is likely to lead to
the identification of the person who
25
made the referral.
Penalty: 60 penalty units.".
10. Definitions--out of home carers
In section 74 of the Children, Youth and
Families Act 2005 in the definition of "services to
30
children" after "proximity to the children" insert
"but does not include prescribed services".
6
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 11
11. Register of out of home carers
In the heading to section 80 of the Children,
Youth and Families Act 2005 before "carers"
insert "out of home".
12. Child in need of protection
5
In section 162(2) of the Children, Youth and
Families Act 2005 omit "continuing".
13. Confidentiality
(1) In section 191(1) of the Children, Youth and
Families Act 2005 after "protective intervener"
10
insert "or a community-based child and family
service in accordance with sub-section (4)".
(2) After section 191(3) of the Children, Youth and
Families Act 2005 insert--
"(4) If a report is made to the Secretary under
15
section 183 or 184, the information referred
to in sub-section (1) may be disclosed to a
community-based child and family service
if--
(a) the Secretary has made a determination
20
under section 187(1)(c) in respect of the
report; and
(b) the matter is referred to the community-
based child and family service under
section 30.
25
(5) A community-based child and family service
to which information referred to in sub-
section (1) is disclosed must not disclose that
information to any other person except in
accordance with this Part.
30
Penalty: 60 penalty units.".
7
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 14
14. Disclosure of information
(1) After section 196(2) of the Children, Youth and
Families Act 2005 insert--
"(2A) An authorised officer giving a direction
under this section must advise the
5
information holder that the information
provided to the authorised officer in relation
to a child may be disclosed to the Secretary
and used for the protection or development
of the child.".
10
(2) After section 196(3) of the Children, Youth and
Families Act 2005 insert--
"(3A) Subject to section 202, the Secretary may use
and disclose the information or documents
for a purpose relating to the protection or
15
development of the child.".
15. Dispute resolution convenors
For sections 227(3) and 227(4) of the Children,
Youth and Families Act 2005 substitute--
"(3) The Attorney-General must not recommend
20
a person for appointment unless the
Attorney-General is satisfied that the person
is of good character and has appropriate
qualifications and experience.
(4) The Governor in Council, on the
25
recommendation of the Attorney-General,
may remove a convenor from office at any
time.".
16. Temporary assessment order
In section 232(1)(f) of the Children, Youth and
30
Families Act 2005 omit "the provision of".
8
551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 17
17. Undertakings
In section 272(1) of the Children, Youth and
Families Act 2005 for "under this Part"
substitute "on a protection application or on an
irreconcilable difference application".
5
18. Lapsing of guardianship to Secretary orders
(1) After section 289(3) of the Children, Youth and
Families Act 2005 insert--
"(4) Section 288 applies to a guardianship to
Secretary order as if any reference to a
10
custody to Secretary order were a reference
to a guardianship to Secretary order.".
(2) For section 290(3)(b) of the Children, Youth and
Families Act 2005 substitute--
"(b) to notify the Court, the child, the child's
15
parent and such other persons as the Court
directs before the end of that period if the
Secretary considers that it is in the best
interests of the child for the order to continue
for a further period of 12 months.".
20
(3) After section 290(4) of the Children, Youth and
Families Act 2005 insert--
"(5) Section 288 applies to a long-term
guardianship to Secretary order as if any
reference to a custody to Secretary order
25
were a reference to a long-term guardianship
to Secretary order.".
19. Breach of interim protection order
In section 318(1)(a) of the Children, Youth and
Families Act 2005 after "order" insert "and, in
30
the case of an interim protection order, that an
interim accommodation order is not required".
9
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 20
20. Matters to be taken into account in sentencing
In section 362(4) of the Children, Youth and
Families Act 2005 for "had the child not so failed
to participate in the group conference" substitute
"had sentencing not been so deferred".
5
21. Instalment orders
In sections 378 and 379 of the Children, Youth
and Families Act 2005, for "child" (wherever
occurring) substitute "person".
22. Youth Residential Board
10
In section 431(1) of the Children, Youth and
Families Act 2005 for "is established" substitute
"continues to be".
23. Youth Parole Board
In section 442(1) of the Children, Youth and
15
Families Act 2005 for "is established" substitute
"continues to be".
24. New Division 4 inserted
After Division 3 of Part 5.8 of the Children,
Youth and Families Act 2005 insert--
20
'Division 4--Change of Name Applications by
Detainees
488H. Application
This Division applies despite anything to the
contrary in the Births, Deaths and
25
Marriages Registration Act 1996.
488I. Definitions
In this Division--
"change of name application" means an
application by or on behalf of a
30
detainee for registration of--
10
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 24
(a) a change of the detainee's name;
or
(b) a change of the name of a child of
the detainee;
"detainee" means a person who is
5
undergoing a sentence of detention in a
youth residential centre or youth justice
centre;
"Victorian Registrar" means Registrar of
Births, Deaths and Marriages under the
10
Births, Deaths and Marriages
Registration Act 1996.
488J. Applications for change of name by or on
behalf of a detainee
(1) A detainee must not make a change of name
15
application to a Registrar without having
first obtained the written approval of the
Secretary.
Penalty: For a detainee under the age of
15 years, 1 penalty unit;
20
In any other case, 5 penalty units.
(2) A person must not make a change of name
application to a Registrar on behalf of a
detainee unless the written approval of the
Secretary is first obtained.
25
Penalty: For a person under the age of
15 years, 1 penalty unit;
In any other case, 5 penalty units.
11
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 24
(3) In this section, "Registrar" means--
(a) the Victorian Registrar; or
(b) an authority responsible under a law of
another State or a Territory for the
registration of births, deaths and
5
marriages.
488K. Approval by Secretary
(1) Subject to sub-section (2), the Secretary may
only approve a change of name application if
he or she is satisfied that the change of name
10
is in all the circumstances necessary or
reasonable.
(2) The Secretary must not approve a change of
name application if he or she is satisfied that
the change of name would, if registered, be
15
reasonably likely--
(a) to be a threat to the security of a youth
residential centre or youth justice
centre; or
(b) to jeopardise the safe custody or
20
welfare of any detainee; or
(c) to be used to further an unlawful
activity or purpose; or
(d) to be regarded as offensive by a victim
of crime or an appreciable sector of the
25
community.
488L. Approval to be notified in writing
If the Secretary approves a change of name
application, the Secretary must--
(a) as soon as practicable, give written
30
notice of the approval to the person
who made the application; and
12
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 24
(b) if the detainee consents, give a copy of
the written notice of approval to the
Victorian Registrar.
488M. Registration of name change
The Victorian Registrar must not register a
5
change of name under the Births, Deaths
and Marriages Registration Act 1996 if--
(a) the Victorian Registrar knows that--
(i) the application for the change of
name is made by or on behalf of a
10
detainee; and
(ii) the change of name relates to the
name of the detainee or a child of
the detainee; and
(b) the Victorian Registrar has not received
15
a copy of the notice of approval of the
Secretary to the application under
section 488L.
488N. Registrar may correct Register
Without limiting section 43 of the Births,
20
Deaths and Marriages Registration Act
1996, the Victorian Registrar may correct the
Register under that section if--
(a) the name of a detainee or a child of a
detainee on the Register was changed
25
because of a change of name
application; and
(b) the Secretary had not approved that
change of name application under
section 488K.'.
30
13
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 25
25. Recall and cancellation of warrant
For section 529(1)(b)(ii) of the Children, Youth
and Families Act 2005 substitute--
"(ii) a warrant to seize property issued in respect
of an order under Schedule 3;".
5
26. Publication
In section 534(5) of the Children, Youth and
Families Act 2005, after "apply" insert "to".
27. New section 581 substituted
For section 581 of the Children, Youth and
10
Families Act 2005 substitute--
"581. CAYPINS procedure
(1) The procedure set out in Schedule 3 may be
used instead of commencing a proceeding
against a child for an offence for which an
15
infringement notice within the meaning of
Schedule 3 could be issued.
(2) If a child may be prosecuted for an offence
in respect of which an infringement notice
may be issued, a reference in an Act to
20
enforcement under the Infringements Act
2006 includes a reference to enforcement
under Schedule 3 to the Children, Youth
and Families Act 2005.".
28. Powers of Secretary in relation to medical services
25
and operations
(1) In section 597(1)(c) of the Children, Youth and
Families Act 2005, after "service" insert
", declared hospital or declared parent and baby
unit".
30
(2) In section 597(4)(a) of the Children, Youth and
Families Act 2005, after "service" insert
", declared hospital or declared parent and baby
unit".
14
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 29
29. Schedule 3 substituted
For Schedule 3 to the Children, Youth and
Families Act 2005 substitute--
'SCHEDULE 3
5 Sections 529, 581, 582, 592, 600
CHILDREN AND YOUNG PERSONS
INFRINGEMENT NOTICE SYSTEM
PART 1--INTRODUCTORY
1. Application of Schedule
10 (1) The procedures set out in this Schedule may be
used for the enforcement of infringement
penalties.
(2) If the procedures set out in this Schedule are
used, they apply without prejudice to the
15 application of so much of any other procedure
as is consistent with this Schedule.
(3) The procedures set out in Part 2 may be used in
relation to any infringement notice, whenever
issued.
20 2. Definitions
In this Schedule--
"appropriate officer", in relation to an
infringement notice or an infringement
penalty, means--
25 (a) a person who is the enforcement
agency; or
(b) a person appointed by the
enforcement agency as an
appropriate officer for the purposes
30 of the notice or the class of notice;
or
(c) a prescribed person or a person
who is a member of a prescribed
class of person;
15
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 29
"certificate" means a certificate under
clause 3(1)(b);
"child" means a person who at the time of the
alleged commission of an infringement
5 offence was under the age of 18 years
but of or above the age of 10 years but
does not include any person who is of or
above the age of 19 years when an
application for registration is made in
10 respect of the person under clause 3;
"enforcement agency", in relation to an
infringement notice or an infringement
penalty, means--
(a) a person or body authorised by or
15 under an Act to take proceedings
for the offence in respect of which
the notice was issued; or
(b) a person by whom, or body by
which, a person or body referred to
20 in paragraph (a) is employed or
engaged to provide services if the
taking of the proceedings referred
to in that paragraph would occur in
the course of that employment or
25 in the course of providing those
services; or
(c) a prescribed person or body or a
person who, or body that, is a
member of a prescribed class of
30 person or body; or
(d) a prescribed administrative unit; or
(e) a prescribed group of people;
"enforcement order" means an order under
clause 8(3)(c), 8(3)(d), 8(3)(e), 8(3)(f)
35 or 10(5);
"infringement notice" means an infringement
notice under a prescribed provision of--
(a) any Act or statutory rule; or
(b) any local law made under the
40 Local Government Act 1989; or
16
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 29
(c) any Commonwealth Act or any
Act of another State or Territory or
any subordinate instrument under
such an Act that applies as a law of
5 Victoria;
"infringement penalty" means the amount
specified in an infringement notice as
payable in respect of the offence for
which the infringement notice was
10 issued;
"penalty reminder notice" has the same
meaning as it has in the Infringements
Act 2006;
"prescribed costs" in relation to an
15 infringement penalty, means costs
prescribed under the Infringements Act
2006 in relation to the penalty reminder
notice for that infringement penalty;
"registered amount" means the amount
20 registered by the registrar pursuant to
clause 4 or if that amount is reduced by
an enforcement order, that reduced
amount;
"registrar" means principal registrar, registrar
25 or deputy registrar of the Court.
PART 2--ENFORCEMENT OF INFRINGEMENT
NOTICES
3. Application for registration of infringement
penalty
30 (1) An enforcement agency may apply to have an
infringement penalty registered by providing to
a registrar--
(a) a document in the form required by the
regulations containing the details
35 required by the regulations in relation to
a child--
(i) who has not paid an infringement
penalty; or
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Act No.
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s. 29
(ii) who has agreed to pay an
infringement penalty by a payment
plan under the Infringements Act
2006, but who has subsequently
5 defaulted on payment of that plan;
or
(iii) who has made a part payment of
an infringement penalty otherwise
than under a payment plan under
10 the Infringements Act 2006, and
has subsequently defaulted in
making any further payment; and
(b) a certificate in the prescribed form signed
by an appropriate officer and certifying
15 that in respect of each child referred to in
the document the requirements set out in
sub-clause (2), and any other prescribed
requirements, have been satisfied.
(2) A certificate under sub-clause (1)(b) must
20 certify that--
(a) an infringement notice has been served
on the child; and
(b) a penalty reminder notice has been
served on the child after the end of the
25 time specified in the infringement notice
as the time within which the infringement
penalty may be paid; and
(c) a period of at least 28 days has passed
since the penalty reminder notice was
30 served; and
(d) the infringement penalty and any
prescribed costs had not been paid,
whether in full or in part, before the
certificate was issued; and
35 (e) if a payment plan under the
Infringements Act 2006 applies to the
child in relation to the infringement
penalty, the child has defaulted in
making a payment under the payment
40 plan and a specified amount still remains
to be paid under that payment plan; and
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(f) if a part payment of the infringement
penalty and prescribed costs has been
made (otherwise than under a payment
plan under the Infringements Act 2006)
5 but no further payment has been made
and a specified amount still remains to be
paid; and
(g) the child has not, under Part 2 of the
Infringements Act 2006 elected to have
10 the matter of the infringement offence
heard and determined in the Court; and
(h) a charge in relation to the offence has not
been filed; and
(i) a charge may still be filed in relation to
15 the offence, having regard to the time
when the offence is alleged to have been
committed; and
(j) if the infringement notice was served
under section 87 of the Road Safety Act
20 1986, the child was at the time of the
alleged offence--
(i) the owner of the vehicle within the
meaning of Part 7 of that Act; or
(ii) the person in charge of the vehicle
25 as shown in a statement or
declaration supplied in accordance
with section 86(3)(a), 86(3)(aab)
or 86(3)(ab) of that Act; and
(k) if the infringement notice was issued in
30 respect of an offence to which section 66
of the Road Safety Act 1986 applies, the
child was at the time of the alleged
offence--
(i) the owner of the motor vehicle
35 within the meaning of section 66
of that Act; or
(ii) the driver of the motor vehicle as
shown in a statement or
declaration supplied in accordance
40 with section 66(3)(a), 66(3)(aab)
or 66(3)(ab) of that Act; and
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(l) if the infringement notice was issued in
respect of an offence against section
73(1) of the Melbourne City Link Act
1995, the child was at the time of the
5 alleged offence--
(i) the owner of the vehicle within the
meaning of Part 4 of that Act; or
(ii) the driver of the vehicle as shown
in a statement or declaration
10 supplied in accordance with
section 87(3)(a), 87(3)(aab) or
87(3)(ab) of that Act; and
(m) if the infringement notice was issued in
respect of an offence under section 204
15 of the EastLink Project Act 2004, the
child was at the time of the trip to which
the alleged offence relates--
(i) the owner of the vehicle within the
meaning of that Act; or
20 (ii) the driver of the vehicle as shown
in a statement supplied under
section 199 or 219 of that Act.
4. Registration of infringement penalty
(1) If it appears to the registrar from the certificate
25 provided under clause 3(1)(b) that the
requirements listed in clause 3(2) and any other
prescribed requirements have been satisfied in
relation to a child referred to in the document
provided with the certificate, the registrar may
30 register the infringement penalty or the part of
the infringement penalty together with any
prescribed costs for the purpose of enforcement
under this Part.
(2) The amount registered by the registrar pursuant
35 to sub-clause (1) in respect of a child must not
exceed the amount of a fine that the Court may
impose under section 373.
(3) Despite sub-clause (1), the registrar must not
register an infringement penalty that is for an
40 amount less than the amount, if any, specified
by the regulations for the purposes of this sub-
clause.
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5. Enforcement agency may request cancellation of
registration
(1) The enforcement agency may, by notice in the
prescribed form filed with the registrar at any
5 time before the registrar makes an order under
clause 8 in respect of an infringement penalty
or part of an infringement penalty, request the
registrar to cancel the registration of the
infringement penalty or part.
10 (2) A registrar must comply with a request made in
accordance with sub-clause (1).
6. Child's options
(1) On registering an amount in relation to a child
under clause 4, the registrar must cause to be
15 sent by post to the child at the address
contained in the document provided under
clause 3(1)(a) or any other address given by
that child a notice in writing setting out the
matters referred to in sub-clauses (2), (3)
20 and (4).
(2) A child may--
(a) pay to the Court the registered amount on
or before the date specified in the notice;
or
25 (b) make an application referred to in
clause 7; or
(c) apply for an order under clause 8 that
payment of the registered amount not be
enforced; or
30 (d) appear before the registrar on the date
specified in the notice; or
(e) request that consideration of the matter
be deferred to another date so that the
child may appear before the registrar; or
35 (f) decline to be dealt with by the registrar
and request that the matter of the alleged
offence in respect of which the
infringement notice was issued be heard
and determined by the Court; or
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(g) do nothing and leave the matter of the
infringement notice to be dealt with by
the registrar on the date specified in the
notice.
5 (3) In addition to sub-clause (2), a child may
provide to the registrar information in writing
by or on behalf of the child in relation to--
(a) the child's employment or school
attendance;
10 (b) the child's personal and financial
circumstances.
(4) If a child wishes to exercise the option referred
to in sub-clause (2)(c), the child must make the
application to the registrar in the prescribed
15 form.
(5) If a child wishes to exercise the option referred
to in sub-clause (2)(f)--
(a) the child must notify the registrar on or
before the date specified in the notice
20 under sub-clause (1); and
(b) on receipt of the child's notification, the
registrar must cancel the registration of
the infringement penalty and remit the
infringement notice to the enforcement
25 agency.
(6) Nothing in this Schedule prohibits an
enforcement agency from filing a charge with
the Court in respect of an infringement notice
that has been remitted to it under sub-
30 clause (5)(b).
7. Applications concerning time to pay registered
amount
(1) A child in respect of whom an amount has been
registered under clause 4 may apply to the
35 registrar personally or in writing or in any other
manner approved by the registrar for one or
more of the following--
(a) an order that the time within which the
registered amount is to be paid be
40 extended; or
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(b) an order that the registered amount be
paid by instalments; or
(c) an order for the variation of an instalment
order.
5 (2) On receipt of an application under sub-
clause (1), the registrar may do one or more of
the following--
(a) allow additional time for the payment of
the registered amount or the balance of
10 the registered amount;
(b) direct payment of the registered amount
to be made by instalments;
(c) direct payment of the registered amount
or instalments to be made at the time or
15 times specified by the registrar;
(d) vary the amount of instalments.
8. Enforcement order
(1) Subject to sub-clause (2), if an infringement
penalty or part of an infringement penalty has
20 been registered in respect of a child under
clause 4, the registrar must consider the matter
on the day specified in the notice under clause 6
if--
(a) the child has not paid the infringement
25 penalty or the part of the infringement
penalty; and
(b) the child has not declined to be dealt with
by the registrar; and
(c) an order has not been made under
30 clause 7 in respect of the infringement
penalty.
(2) Subject to any application made by the child,
the registrar may adjourn or abridge the time
for considering the matter.
35 (3) After hearing the child, if the child appears
before the registrar, and after considering any
information provided to the registrar under
clause 6(3), the registrar may--
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(a) cancel the registration of the
infringement penalty or the part of the
infringement penalty and remit the
infringement notice to the enforcement
5 agency if--
(i) the child contests the matter of the
alleged offence in respect of which
the infringement notice was issued;
or
10 (ii) the child declines to be dealt with
by the registrar; or
(iii) the registrar is otherwise satisfied
that it is appropriate to do so; or
(b) defer making a decision to a later date on
15 which the child is to appear before the
registrar; or
(c) make an order confirming the
infringement penalty or part and order
that the child pay to the Court the
20 registered amount; or
(d) make an order reducing the registered
amount and order that the child pay to the
Court the registered amount as so
reduced; or
25 (e) if the registrar is satisfied that the child
has paid the registered amount, make an
order confirming the infringement
penalty or part; or
(f) if the registrar is satisfied on an
30 application under clause 6(4) or
otherwise, that it is appropriate to do so,
order that payment of the registered
amount that remains unpaid not be
enforced.
35 (4) In exercising his or her discretion under sub-
clause (3), the registrar must have regard to--
(a) the child's employment or school
attendance; and
(b) the child's personal and financial
40 circumstances.
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(5) An order made under sub-clause (3) must not
require payment of an amount exceeding the
amount of a fine that the Court may impose
under section 373.
5 (6) An enforcement order is deemed to be an order
of the Court--
(a) in the case of an order made under sub-
clause (3)(c) or (3)(d), on the expiry of
28 days after the making of the order
10 unless an application is made under
clause 10 within that period;
(b) in the case of an order made under sub-
clause (3)(e), on the day that it is made;
(c) in the case of an order made under sub-
15 clause (3)(f), on the expiry of 14 days
after the making of the order unless an
application is made under clause 10
within that period.
(7) A child in relation to whom an enforcement
20 order is made may apply for an order under
clause 7.
9. Notice of enforcement order
(1) Not later than 3 working days after the making
of an enforcement order, the registrar must
25 cause a notice in the prescribed form to be sent
by post to the child against whom the order is
made at the address contained in the document
provided under clause 3(1)(a) or any other
address given by the child.
30 (2) If the registrar orders that payment of a
registered amount that remains unpaid not be
enforced, the registrar must give notice of the
order and a copy of any information provided
by the child under clause 6(3) to the
35 enforcement agency not later than 3 working
days after the making of the order.
10. Court review of enforcement order
(1) If the registrar makes an order under clause
8(3)(c) or 8(3)(d), the child may, by notice in
40 writing to the Court within 28 days after the
registrar's decision, apply to the Court for a
review of the registrar's order.
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(2) If the registrar makes an order under clause
8(3)(f), the enforcement agency may, by notice
in writing to the Court within 14 days after the
date of the order, apply to the Court for a
5 review of the registrar's order.
(3) On receipt of a notice under sub-clause (1)
or (2), the registrar must cause notice of the
time and place of hearing of the review to be
given or sent to the child and the enforcement
10 agency.
(4) On a review under this clause, the child and the
enforcement agency are entitled to appear.
(5) On a review under this clause, the Court may
make an order--
15 (a) confirming the registrar's order; or
(b) requiring the child to pay an amount not
exceeding the amount of a fine that the
Court may impose under section 373; or
(c) that payment of the registered amount
20 that remains unpaid not be enforced.
11. Enforcement hearing
(1) If--
(a) an order is made under clause 7, 8(3)(c),
8(3)(d) or 10(5) in respect of a person;
25 and
(b) for a period of more than one month the
person defaults in the payment of an
amount ordered to be paid or of any
instalment under an instalment order--
30 the Court may, by notice in writing served on
the person, require the person to appear before
the Court at a specified time and place for an
enforcement hearing.
(2) On an enforcement hearing, the Court may
35 make any order that it could make under
section 378.
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12. Effect of enforcement order
(1) If an enforcement order is made in relation to
an offence alleged to have been committed by a
child--
5 (a) the child is not thereby to be taken to
have been convicted of the offence; and
(b) the child is not liable to any further
proceedings for the alleged offence; and
(c) the making of the order does not in any
10 way affect or prejudice any civil claim,
action or proceeding arising out of the
same occurrence; and
(d) payment in accordance with the order is
not an admission of liability for the
15 purpose of, and does not in any way
affect or prejudice, any civil claim, action
or proceeding arising out of the same
occurrence.
(2) Any amount recovered as a result of the making
20 of an enforcement order is to be dealt with in
the same way as an amount recovered as a
result of a conviction.
(3) Despite anything to the contrary in this clause,
the making of an enforcement order in relation
25 to an offence which is a traffic infringement
within the meaning of the Road Safety Act
1986 does not prevent the incurring of demerit
points under section 25 of that Act in relation to
that infringement.
30 (4) Despite anything to the contrary in this clause,
the making of an enforcement order--
(a) may be recorded for the purposes of a
heavy vehicle registration suspension
scheme within the meaning of section
35 89(7) of the Road Safety Act 1986; and
(b) does not prevent the suspension of the
registration of a vehicle under that
scheme.
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13. Expiry of enforcement order
(1) An enforcement order expires--
(a) if an order is made under clause 7 in
relation to the enforcement order--
5 (i) on the payment in full of the
registered amount; or
(ii) if one or more payments are made
under the order but the registered
amount is not paid in full, 3 years
10 after the receipt of the last
payment; or
(iii) in any other case, 3 years after the
making of the order under
clause 7;
15 (b) if a warrant to seize property has been
issued in respect of the order, on that
warrant becoming void under
section 529;
(c) if an order is made under clause 8(3)(f),
20 on the making of that order;
(d) in any other case, 3 years after the order
was made.
(2) If both sub-clauses (1)(a) and (1)(b) apply, the
enforcement order expires on the warrant to
25 seize property becoming void.
(3) If an enforcement order expires as a result of
this clause, any registered amount still
outstanding in respect of which the order was
made ceases to be enforceable or recoverable.
30 (4) On the expiry of an enforcement order, any
warrant to seize property that was issued in
respect of that order is void.
(5) An enforcement order that has expired may be
reinstated by the registrar on the application of
35 the enforcement agency.
(6) Despite sub-clause (3), if an enforcement order
is reinstated, the registered amount in respect of
which it was made again becomes enforceable
or recoverable as if there had been no cessation.
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(7) Sub-clause (1) does not apply to a reinstated
enforcement order.
(8) A reinstated enforcement order expires 3 years
after it was reinstated.
5 (9) This clause does not apply to an enforcement
order in respect of which a warrant has been
issued under the Service and Execution of
Process Act 1992 of the Commonwealth.
14. Service of documents
10 (1) All documents required or permitted by this
Schedule to be given or served, may be served
personally or by post or in any other prescribed
manner.
(2) Any document served by post under this Part
15 must be addressed--
(a) to the address for service given by the
person on whom the document is to be
served; or
(b) if no address for service has been given,
20 to the address contained in the document
provided under clause 3(1)(a).
PART 3--CANCELLATION OF INFRINGEMENT
NOTICE
15. Cancellation of infringement notice if person not
25 aware
(1) A child or a person on that child's behalf may
apply to a registrar to have an infringement
notice cancelled if--
(a) the service of the infringement notice
30 was not by personal service on the child;
and
(b) the child was not in fact aware that an
infringement notice had been served on
the child.
35 (2) An application under sub-clause (1) must--
(a) be made within 14 days of the child
becoming aware of the infringement
notice; and
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(b) be accompanied by a written statement
setting out the grounds on which the
cancellation is sought.
(3) If an application is made under sub-clause (1), a
5 registrar must--
(a) stay the operation of the infringement
notice; and
(b) refer the application to the Court for
hearing and determination.
10 (4) On the referral to the Court under sub-clause
(3), the Court must cause a notice of the time
and place of the hearing of the application to be
given or sent to the enforcement agency and to
the applicant.
15 16. Powers of Court to cancel
(1) On the referral of an application under
clause 15 to the Court, any of the procedures set
out in this Schedule that are being used for the
enforcement of the infringement penalty are, by
20 force of this sub-clause, suspended pending the
determination of the application.
(2) The Court may only cancel an infringement
notice if it is satisfied that, more than 14 days
before making an application under sub-
25 clause (1), the person was not in fact aware that
the infringement notice had been served.
(3) If the Court cancels an infringement notice
under this clause--
(a) any infringement penalty and prescribed
30 costs that have been paid in relation to
the notice must be refunded and the
Consolidated Fund or any other fund
specified by the relevant Act or other
instrument into which the penalty and
35 costs have been paid is, to the necessary
extent, appropriated accordingly; and
(b) any of the procedures set out in this
Schedule that are being used for the
enforcement of any infringement penalty
40 and prescribed costs (if any) in relation to
the notice must be discontinued; and
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(c) any enforcement order in relation to the
infringement penalty and prescribed costs
(if any) is revoked; and
(d) any warrant issued in relation to the
5 infringement penalty and prescribed costs
is cancelled.
(4) The cancellation of an infringement notice
under this clause does not prevent the service of
a new infringement notice in respect of the
10 offence for which the cancelled infringement
notice was served.
__________________'.
30. Schedule 4 substituted
For Schedule 4 to the Children, Youth and
Families Act 2005 substitute--
15 'SCHEDULE 4
Section 606
TRANSITIONAL AND SAVING PROVISIONS
PART 1--INTRODUCTION
1. Definitions
20 In this Schedule--
"commencement day" means the day on
which section 601 of the new Act comes
into operation;
"old Act" means Children and Young
25 Persons Act 1989;
"new Act" means Children, Youth and
Families Act 2005.
2. General transitional provisions
(1) This Schedule does not affect or take away
30 from the Interpretation of Legislation Act
1984.
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(2) Without limiting sub-clause (1), in declaring
that certain provisions of the new Act are to be
treated as re-enacting with modifications
certain provisions of the old Act or the
5 Community Services Act 1970, this Schedule
must not be taken to--
(a) limit the operation of any provision of
the Interpretation of Legislation Act
1984 relating to the re-enactment; or
10 (b) be an exhaustive list of the provisions of
the old Act or the Community Services
Act 1970 re-enacted by the new Act.
(3) This Schedule applies despite anything to the
contrary in any other provision of the new Act.
15 3. Saving of references
If a provision of an Act that is repealed by the
new Act required a reference in an Act,
subordinate instrument or other instrument or
document to a person or body to be construed
20 as a reference to another person or body, the
repeal of that provision does not affect the
construction of that reference in that Act,
instrument or document, unless the contrary
intention appears.
25 PART 2--CHILDREN AND YOUNG PERSONS
ACT 1989
Division 1--General
4. Superseded reference
On and from the commencement day unless the
30 context otherwise requires, in any Act (other
than the new Act), or in any instrument made
under any Act or in any other document of any
kind, a reference to the old Act must be read as
a reference to the new Act.
35 5. Re-enacted provisions
A provision or provisions of the old Act
specified in Column 1 of the Table are deemed
to be re-enacted (with modifications) by the
provision or provisions of the new Act
40 appearing opposite in Column 2 of the Table.
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Old Provision New Provision
Division 1 of Part 2 Part 7.1
Division 2 of Part 2 Part 7.2
Division 3 of Part 2 Part 7.3
Division 4 of Part 2 Part 7.4
Division 5 of Part 2 Part 7.5
Division 6 of Part 2 Part 7.6
Division 7 of Part 2 Part 7.7
Division 8 of Part 2 Part 7.8
Section 62 Part 3.6
Sections 63 and 63A Part 4.1
Section 64 Division 2 of
Part 4.4
Sections 65(2), 66 and 67 Division 1 of
Part 4.6
Sections 68, 69 and 70 Division 2 of
Part 4.8
Division 3 of Part 3 Division 4 of
Part 4.8
Division 4 of Part 3 Division 5 of
Part 4.8
Sections 81, 82 and 83 Division 1 of
Part 4.7
Division 6 of Part 3 Part 4.9
Division 7 of Part 3 Part 4.10
Division 7A of Part 3 Section 533
Division 8 of Part 3 Division 1 of
Part 4.11
Sections 121 and 122 Division 2 of
Part 4.11
Sections 123 and 124 Sections 172,
173 and 174
Section 126 Division 1 of
Part 4.12
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Old Provision New Provision
Division 10 of Part 3 Division 2 of
Part 4.12
Division 1 of Part 4 Part 5.1
Division 2 of Part 4 Division 1 of
Part 5.2
Division 3 of Part 4 Division 2 of
Part 5.2
Division 4 of Part 4 Division 3 of
Part 5.2
Division 5 of Part 4 Division 4 of
Part 5.2
Division 6 of Part 4 Division 5 of
Part 5.2
Division 7 of Part 4 Part 5.3
Division 7A of Part 4 Section 533
Division 8 of Part 4 Part 5.4
Division 9 of Part 4 Part 5.5
Division 10 of Part 4 Part 5.6
Division 11 of Part 4 Part 5.7
Division 12 of Part 4 Part 5.8
Division 13 of Part 4 Part 7.9
Division 1 of Part 5 Part 6.1
(except section 265)
Section 265 Part 8.3
Division 2 of Part 5 Part 6.2
Section 271 Part 8.2
Section 272 Section 503
Sections 273, 274, 275, Part 7.10
276 and 279
Section 277 Section 593
Section 278 Section 595
Division 5 of Part 5 Part 8.5
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Division 5A of Part 5 Part 7.11
Schedule 1 Schedule 2
Schedule 2 Schedule 1
Schedule 2A Schedule 3
Division 2--The Children's Court of Victoria
6. The Children's Court of Victoria
The Children's Court of Victoria continued by
the new Act is deemed to be the same court as
5 The Children's Court of Victoria existing
immediately before the commencement day.
7. President and Acting President
(1) The person who holds office as President of
The Children's Court of Victoria immediately
10 before the commencement day holds office as
President under and subject to the new Act
without further appointment.
(2) Any person who holds office as Acting
President of The Children's Court of Victoria
15 immediately before the commencement day
holds office as Acting President under and
subject to the new Act for the duration of his or
her appointment as Acting President without
further appointment.
20 8. Magistrates and acting magistrates
(1) Any person who holds office as magistrate for
the Court immediately before the
commencement day holds office as magistrate
for the Court under and subject to the new Act
25 without further appointment.
(2) Any person who holds office as acting
magistrate for the Court immediately before the
commencement day holds office as magistrate
for the Court under and subject to the new Act
30 for the duration of his or her appointment as
acting magistrate without further appointment.
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Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
9. Aboriginal elders or respected persons
Any person who holds office as an Aboriginal
elder or respected person under section 27A of
the old Act immediately before the
5 commencement day holds office as an
Aboriginal elder or respected person under
section 536 of, and subject to, the new Act for
the duration of his or her appointment as an
Aboriginal elder or respected person without
10 further appointment.
10. Principal registrar, registrars and deputy
registrars
Any person who holds office as principal
registrar, registrar or deputy registrar under the
15 old Act immediately before the commencement
day holds office as principal registrar, registrar
or deputy registrar under and subject to the new
Act.
11. Probation officer and honorary probation officers
20 (1) Any person who holds office as a probation
officer under the old Act immediately before
the commencement day holds office as a youth
justice officer under and subject to the new Act.
(2) Any person who holds office as an honorary
25 probation officer under the old Act immediately
before the commencement day holds office as
an honorary youth justice officer under and
subject to the new Act.
12. Court liaison officers
30 Any person who holds office as a court liaison
officer under the old Act immediately before
the commencement day holds office as a court
liaison officer under and subject to the new Act.
13. The Children's Court Clinic
35 The Children's Court Clinic continued by the
new Act is deemed to be the same clinic as the
Children's Court Clinic existing under the old
Act immediately before the commencement
day.
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Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
Division 3--Protection of Children
14. Approved community services
(1) A body that was an approved community
service under section 58 of the old Act
5 immediately before the commencement day and
was in receipt of funding from the Secretary for
the provision of out of home care services is
deemed on the commencement day to be a
registered out of home care service under the
10 new Act.
(2) A body that was an approved community
service under section 58 of the old Act
immediately before the commencement day and
was in receipt of funding from the Secretary for
15 the provision of family services other than out
of home care services is deemed on the
commencement day to be a registered
community-based child and family service
under the new Act.
20 (3) A body that was an approved community
service under section 58 of the old Act
immediately before the commencement day and
was in receipt of funding from the Secretary for
the provision of out of home care services and
25 other family services is deemed on the
commencement day to be a registered out of
home care service and a registered community-
based child and family service under the new
Act.
30 (4) Despite section 49 of the new Act, a body
referred to in sub-clause (1), (2) or (3) is
deemed to be registered for 12 months from the
commencement day.
(5) The Secretary, by notice in writing given to a
35 body referred to in sub-clause (1), (2) or (3)
within 12 months after the commencement day,
may extend the period of deemed registration of
the body to a period not exceeding 3 years from
the commencement day.
40 (6) Nothing in this clause prevents a body referred
to in sub-clause (1), (2) or (3) from applying for
a renewal of registration under section 50 of the
new Act.
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Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
15. Departmental community services and secure
welfare services
(1) A community service established under
section 57 of the old Act is deemed to be a
5 community service established under section 44
of the new Act.
(2) A secure welfare service established under
section 57 of the old Act is deemed to be a
secure welfare service established under
10 section 44 of the new Act.
16. Notifications
On the commencement day--
(a) a notification made under section 64(1)
of the old Act is deemed--
15 (i) to be a report under section 183 of
the new Act; and
(ii) to have been determined under
section 187 of the new Act to be a
protective intervention report for
20 the purposes of the new Act;
(b) a notification made under section 64(1A)
of the old Act is deemed--
(i) to be a report under section 184 of
the new Act; and
25 (ii) to have been determined under
section 187 of the new Act to be a
protective intervention report for
the purposes of the new Act.
17. Central register
30 The central register established and maintained
under section 65(1)(b) of the old Act is deemed
to be the central register referred to in
section 165 of the new Act.
18. Pre-hearing conferences
35 (1) Despite the repeal of the old Act, sections 37A,
82A, 82B and 87(2) of the old Act continue in
force until the date of commencement of
Division 2 of Part 4.7 of the new Act as if the
words and expressions in those sections had the
40 same meanings as they have in the new Act.
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s. 30
(2) On and from the commencement of Division 2
of Part 4.7 of the new Act, a reference in
section 224 to a report of the convenor or
convenors of a dispute resolution conference is
5 deemed to include a reference to the convenor's
report on a pre-hearing conference held under
section 82A of the old Act.
19. Case plan
A case plan prepared under section 120 of the
10 old Act in respect of a child is deemed to be a
case plan prepared under section 166 of the new
Act in respect of the child.
20. State Guardianship Fund
The State Guardianship Fund established under
15 section 177 of the new Act is deemed to be the
same fund as the State Guardianship Fund
established under section 125 of the old Act.
Division 4--Children and the Criminal Law
21. Youth Residential Board
20 Any person who holds office as a member of
the Youth Residential Board under the old Act
immediately before the commencement day
holds office as a member of that Board under
and subject to the new Act for the duration of
25 his or her appointment without further
appointment.
22. Youth Parole Board
Any person who holds office as a member of
the Youth Parole Board under the old Act
30 immediately before the commencement day
holds office as a member of that Board under
and subject to the new Act for the duration of
his or her appointment without further
appointment.
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Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
23. Corrective services
A corrective service established under
section 249 of the old Act and specified in
Column 1 of the Table and existing
5 immediately before the commencement day is
deemed to be established under section 478 of
the new Act as a corrective service specified
opposite it in Column 2 of the Table.
Column 1 Column 2
Remand centre Remand centre
Youth residential Youth residential
centre centre
Youth training centre Youth justice
centre
Youth supervision Youth justice unit
unit
24. Superseded references
10 On and from the commencement day unless the
context otherwise requires, in any Act (other
than the new Act), or in any instrument made
under any Act or in any other document of any
kind--
15 (a) a reference to a probation officer,
responsible officer or supervisor within
the meaning of the old Act must be read
as a reference to a youth justice officer;
and
20 (b) a reference to a youth supervision unit
must be read as a reference to a youth
justice unit; and
(c) a reference to a youth training centre
must be read as a reference to a youth
25 justice centre; and
(d) a reference to a youth training centre
order must be read as a reference to a
youth justice centre order.
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Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
PART 3--CHILDREN, YOUTH AND FAMILIES
ACT 2005
25. Registration of existing out of home carers
(1) An out of home care service must notify the
5 Secretary in writing within one month after the
commencement day of each person who on the
commencement day--
(a) is approved by the out of home care
service to act as a foster carer; or
10 (b) is employed or engaged by the out of
home care service--
(i) as a carer for children; or
(ii) as a provider of services to
children (within the meaning of
15 section 74 of the new Act) at an
out of home care residence
managed by the service.
(2) A notice under this clause must include the
prescribed information (if any).
20 (3) The Secretary must record in the register of out
of home carers the required information in
respect of each person of whom notice is given
under this clause as if the notice was given
under Division 2 of Part 3.4 of the new Act.
25 26. Review of child care agreements
(1) Despite anything to the contrary in section 139
of the new Act, that section applies in respect of
a short-term child care agreement existing on
the commencement day as if a reference in
30 section 139(1)(a) to the end of the first
6 months of the agreement were a reference to
the end of 12 months after the commencement
day.
(2) Despite anything to the contrary in section 152
35 of the new Act, that section applies in respect of
a long-term child care agreement existing on
the commencement day as if a reference in
section 152(1)(b) to the end of the first
6 months of the agreement were a reference to
40 the end of 12 months after the commencement
day.
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Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
27. Reporting of child-care agreements
(1) Despite section 159(a) of the new Act, a service
provider existing on the commencement day in
their first report under that section is required
5 only to report on the number of child care
agreements that the service provider has been a
party to in the period since the commencement
day.
(2) The Secretary must first publish the details
10 required under section 160 of the new Act by
the end of 12 months after the commencement
day.
28. Stability plans
For the purposes of section 170 of the new Act,
15 any period that a child is in out of home care
before the commencement day is to be
disregarded in calculating the required time for
the preparation of a stability plan for that child.
29. Permanent care orders
20 If a child is in out of home care on the
commencement day, section 319 of the new Act
applies as if for sub-section (1)(a) there were
substituted--
"(a) the child's parent or, if the child's parent
25 has died, the child's surviving parent had
not had the care of the child for--
(i) a period of at least 2 years
commencing before the
commencement day; or
30 (ii) for periods that total at least 2 of
the last 3 years commencing
before the commencement day; or
(iii) a period of at least 6 months
commencing on the
35 commencement day--
whichever period or total period ends
first; and".
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Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
PART 4--COMMUNITY SERVICES ACT 1970
30. Child care agreements
(1) A child care agreement entered into under
Division 1A of Part III of the Community
5 Services Act 1970 and existing immediately
before the commencement day is deemed to be
a short-term child care agreement within the
meaning of Part 3.5 of the new Act.
(2) A child care agreement entered into under
10 Division 1B of Part III of the Community
Services Act 1970 and existing immediately
before the commencement day is deemed to be
a long-term child care agreement within the
meaning of Part 3.5 of the new Act.
15 (3) Part 3.5 of the new Act re-enacts with
modifications Divisions 1A, 1B and 1C of
Part III of the Community Services Act 1970.
31. Authorisations and agreements
(1) An authorisation given under section 200A(1)
20 of the Community Services Act 1970 and
existing immediately before the commencement
day is deemed to be an authorisation given
under section 25(1) of the new Act.
(2) An agreement entered into in accordance with
25 section 200A(2) of the Community Services
Act 1970 and existing immediately before the
commencement day is deemed to be an
agreement entered into under section 26 of the
new Act.
30 32. Superseded references to Community Services
Act 1970
On and from the commencement day unless the
context otherwise requires, in any Act (other
than the new Act), or in any instrument made
35 under any Act or in any other document of any
kind a reference to the Community Services
Act 1970--
(a) to the extent that the reference relates to a
provision of the Community Services
40 Act 1970 re-enacted (with or without
modifications) in the Children, Youth
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Amendments) Act 2006
Act No.
Part 2--Amendment of the Children, Youth and Families Act 2005
s. 30
and Families Act 2005, is deemed to be
a reference to the Children, Youth and
Families Act 2005; and
(b) to the extent that the reference relates to
5 any other provision of the Community
Services Act 1970, is deemed to be a
reference to the Community Services
(Attendance at School) Act 1970.
PART 5--REGULATIONS
10 33. Transitional regulations
(1) The Governor in Council may make regulations
containing provisions of a savings or
transitional nature consequent on the enactment
of the new Act.
15 (2) A provision mentioned in sub-clause (1) may
be retrospective in operation to the
commencement day or a day after the
commencement day.
(3) Regulations under this clause have effect
20 despite anything to the contrary in any Act
other than the new Act or in any subordinate
instrument.'.
__________________
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 31
See:
PART 3--AMENDMENT OF THE CHILDREN AND YOUNG
Act No.
PERSONS ACT 1989 56/1989.
Reprint No. 7
as at
31. Delegation 1 March 2002
and
In section 7(1) of the Children and Young amending
Persons Act 1989, after "section 271(3) or (4),"
5 Act Nos
69/1992,
insert "the power to approve under section 11/2002,
260AD a change of name application,". 35/2002,
83/2003,
32. Instalment orders 36/2004,
72/2004,
89/2004,
In sections 155 and 157 of the Children and 108/2004,
Young Persons Act 1989 for "child" (wherever
10 15/2005,
18/2005,
occurring) substitute "person". 19/2005,
21/2005,
33. New Division 12A of Part 4 inserted 77/2005,
93/2005,
After Division 12 of Part 4 of the Children and 96/2005,
Young Persons Act 1989 insert-- 5/2006 and
24/2006.
LawToday:
'Division 12A--Change of Name Applications
15 www.dms.
dpc.vic.
by Detainees gov.au
260AA. Application
This Division applies despite anything to the
contrary in the Births, Deaths and
Marriages Registration Act 1996.
20
260AB. Definitions
In this Division--
"change of name application" means an
application by or on behalf of a
detainee for registration of--
25
(a) a change of the detainee's name;
or
(b) a change of the name of a child of
the detainee;
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 33
"detainee" means a person who is
undergoing a sentence of detention in a
youth residential centre or youth
training centre;
"Victorian Registrar" means Registrar of
5
Births, Deaths and Marriages under the
Births, Deaths and Marriages
Registration Act 1996.
260AC. Applications for change of name by or on
behalf of a detainee
10
(1) A detainee must not make a change of name
application to a Registrar without having
first obtained the written approval of the
Secretary.
Penalty: For a detainee under the age of
15
15 years, 1 penalty unit;
In any other case, 5 penalty units.
(2) A person must not make a change of name
application to a Registrar on behalf of a
detainee unless the written approval of the
20
Secretary is first obtained.
Penalty: For a person under the age of
15 years, 1 penalty unit;
In any other case, 5 penalty units.
(3) In this section, "Registrar" means--
25
(a) the Victorian Registrar; or
(b) an authority responsible under a law of
another State or a Territory for the
registration of births, deaths and
marriages.
30
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Amendments) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 33
260AD. Approval by Secretary
(1) Subject to sub-section (2), the Secretary may
only approve a change of name application if
he or she is satisfied that the change of name
is in all the circumstances necessary or
5
reasonable.
(2) The Secretary must not approve a change of
name application if he or she is satisfied that
the change of name would, if registered, be
reasonably likely--
10
(a) to be a threat to the security of a youth
residential centre or youth training
centre; or
(b) to jeopardise the safe custody or
welfare of any detainee; or
15
(c) to be used to further an unlawful
activity or purpose; or
(d) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community.
20
260AE. Approval to be notified in writing
If the Secretary approves a change of name
application, the Secretary must--
(a) as soon as practicable, give written
notice of the approval to the person
25
who made the application; and
(b) if the detainee consents, give a copy of
the written notice of approval to the
Victorian Registrar.
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Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 33
260AF. Registration of name change
The Victorian Registrar must not register a
change of name under the Births, Deaths
and Marriages Registration Act 1996 if--
(a) the Victorian Registrar knows that--
5
(i) the application for the change of
name is made by or on behalf of a
detainee; and
(ii) the change of name relates to the
name of the detainee or a child of
10
the detainee; and
(b) the Victorian Registrar has not received
a copy of the notice of approval of the
Secretary to the application under
section 260AE.
15
260AG. Registrar may correct Register
Without limiting section 43 of the Births,
Deaths and Marriages Registration Act
1996, the Victorian Registrar may correct the
Register under that section if--
20
(a) the name of a detainee or a child of a
detainee on the Register was changed
because of a change of name
application; and
(b) the Secretary had not approved that
25
change of name application under
section 260AD.'.
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Amendments) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 34
34. Schedule 2A substituted
For Schedule 2A to the Children and Young
Persons Act 1989 substitute--
'SCHEDULE 2A
5 Section 260A
CHILDREN AND YOUNG PERSONS
INFRINGEMENT NOTICE SYSTEM
PART 1--INTRODUCTORY
1. Application of Schedule
10 (1) The procedures set out in this Schedule may be
used for the enforcement of infringement
penalties.
(2) If the procedures set out in this Schedule are
used, they apply without prejudice to the
15 application of so much of any other procedure
as is consistent with this Schedule.
(3) The procedures set out in Part 2 may be used in
relation to any infringement notice, whenever
issued.
20 2. Definitions
In this Schedule--
"appropriate officer", in relation to an
infringement notice or an infringement
penalty, means--
25 (a) a person who is the enforcement
agency; or
(b) a person appointed by the
enforcement agency as an
appropriate officer for the purposes
30 of the notice or the class of notice;
or
(c) a prescribed person or a person
who is a member of a prescribed
class of person;
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Part 3--Amendment of the Children and Young Persons Act 1989
s. 34
"certificate" means a certificate under clause
3(1)(b);
"child" means a person who at the time of the
alleged commission of an infringement
5 offence was under the age of 18 years
but of or above the age of 10 years but
does not include any person who is of or
above the age of 19 years when an
application for registration is made
10 under clause 3;
"enforcement agency", in relation to an
infringement notice or an infringement
penalty, means--
(a) a person or body authorised by or
15 under an Act to take proceedings
for the offence in respect of which
the notice was issued; or
(b) a person by whom, or body by
which, a person or body referred to
20 in paragraph (a) is employed or
engaged to provide services if the
taking of the proceedings referred
to in that paragraph would occur in
the course of that employment or
25 in the course of providing those
services; or
(c) a prescribed person or body or a
person who, or body that, is a
member of a prescribed class of
30 person or body; or
(d) a prescribed administrative unit; or
(e) a prescribed group of people;
"enforcement order" means an order under
clause 8(3)(c), 8(3)(d), 8(3)(e), 8(3)(f) or
35 10(5);
"infringement notice" means an infringement
notice under a prescribed provision of--
(a) any Act or statutory rule; or
(b) any local law made under the
40 Local Government Act 1989; or
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Part 3--Amendment of the Children and Young Persons Act 1989
s. 34
(c) any Commonwealth Act or any
Act of another State or Territory or
any subordinate instrument under
such an Act that applies as a law of
5 Victoria;
"infringement penalty" means the amount
specified in an infringement notice as
payable in respect of the offence for
which the infringement notice was
10 issued;
"penalty reminder notice" has the same
meaning as it has in the Infringements
Act 2006;
"prescribed costs" in relation to an
15 infringement penalty means costs
prescribed under the Infringements Act
2006 in relation to the penalty reminder
notice for that infringement penalty;
"registered amount" means the amount
20 registered by the registrar pursuant to
clause 4 or if that amount is reduced by
an enforcement order, that reduced
amount;
"registrar" means principal registrar, registrar
25 or deputy registrar of the Court.
PART 2--ENFORCEMENT OF INFRINGEMENT
NOTICES
3. Application for registration of infringement
penalty
30 (1) An enforcement agency may apply to have an
infringement penalty registered by providing to
a registrar--
(a) a document in the form required by the
regulations containing the details
35 required by the regulations in relation to
a child--
(i) who has not paid an infringement
penalty; or
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Part 3--Amendment of the Children and Young Persons Act 1989
s. 34
(ii) who has agreed to pay an
infringement penalty by a payment
plan under the Infringements Act
2006, but who has subsequently
5 defaulted on payment of that plan;
or
(iii) who has made a part payment of
an infringement penalty otherwise
than under a payment plan under
10 the Infringements Act 2006, and
has subsequently defaulted in
making any further payment; and
(b) a certificate in the prescribed form signed
by an appropriate officer and certifying
15 that in respect of each child referred to in
the document the requirements set out in
sub-clause (2), and any other prescribed
requirements, have been satisfied.
(2) A certificate under sub-clause (1)(b) must
20 certify that--
(a) an infringement notice has been served
on the child; and
(b) a penalty reminder notice has been
served on the child after the end of the
25 time specified in the infringement notice
as the time within which the infringement
penalty may be paid; and
(c) a period of at least 28 days has passed
since the penalty reminder notice was
30 served; and
(d) the infringement penalty and any
prescribed costs had not been paid,
whether in full or in part, before the
certificate was issued; and
35 (e) if a payment plan under the
Infringements Act 2006 applies to the
child in relation to the infringement
penalty, the child has defaulted in
making a payment under the payment
40 plan and a specified amount still remains
to be paid under that payment plan; and
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s. 34
(f) if a part payment of the infringement
penalty and prescribed costs has been
made (otherwise than under a payment
plan under the Infringements Act 2006)
5 but no further payment has been made
and a specified amount still remains to be
paid; and
(g) the child has not, under Part 2 of the
Infringements Act 2006 elected to have
10 the matter of the infringement offence
heard and determined in the Court; and
(h) a charge in relation to the offence has not
been filed; and
(i) a charge may still be filed in relation to
15 the offence, having regard to the time
when the offence is alleged to have been
committed; and
(j) if the infringement notice was served
under section 87 of the Road Safety Act
20 1986, the child was at the time of the
alleged offence--
(i) the owner of the vehicle within the
meaning of Part 7 of that Act; or
(ii) the person in charge of the vehicle
25 as shown in a statement or
declaration supplied in accordance
with section 86(3)(a), 86(3)(aab)
or 86(3)(ab) of that Act; and
(k) if the infringement notice was issued in
30 respect of an offence to which section 66
of the Road Safety Act 1986 applies, the
child was at the time of the alleged
offence--
(i) the owner of the motor vehicle
35 within the meaning of section 66
of that Act; or
(ii) the driver of the motor vehicle as
shown in a statement or
declaration supplied in accordance
40 with section 66(3)(a), 66(3)(aab)
or 66(3)(ab) of that Act; and
53
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(l) if the infringement notice was issued in
respect of an offence against section
73(1) of the Melbourne City Link Act
1995, the child was at the time of the
5 alleged offence--
(i) the owner of the vehicle within the
meaning of Part 4 of that Act; or
(ii) the driver of the vehicle as shown
in a statement or declaration
10 supplied in accordance with
section 87(3)(a), 87(3)(aab) or
87(3)(ab) of that Act; and
(m) if the infringement notice was issued in
respect of an offence under section 204
15 of the EastLink ProjectAct 2004, the
child was at the time of the trip to which
the alleged offence relates--
(i) the owner of the vehicle within the
meaning of that Act; or
20 (ii) the driver of the vehicle as shown
in a statement supplied under
section 199 or 219 of that Act.
4. Registration of infringement penalty
(1) If it appears to the registrar from the certificate
25 provided under clause 3(1)(b) that the
requirements listed in clause 3(2) and any other
prescribed requirements have been satisfied in
relation to a child referred to in the document
provided with the certificate, the registrar may
30 register the infringement penalty or the part of
the infringement penalty together with any
prescribed costs for the purpose of enforcement
under this Part.
(2) The amount registered by the registrar pursuant
35 to sub-clause (1) in respect of a child must not
exceed the amount of a fine that the Court may
impose under section 150.
(3) Despite sub-clause (1), the registrar must not
register an infringement penalty that is for an
40 amount less than the amount, if any, specified
by the regulations for the purposes of this sub-
clause.
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5. Enforcement agency may request cancellation of
registration
(1) The enforcement agency may, by notice in the
prescribed form filed with the registrar at any
5 time before the registrar makes an order under
clause 8 in respect of an infringement penalty
or part of an infringement penalty, request the
registrar to cancel the registration of the
infringement penalty or part.
10 (2) A registrar must comply with a request made in
accordance with sub-clause (1).
6. Child's options
(1) On registering an amount in relation to a child
under clause 4, the registrar must cause to be
15 sent by post to the child at the address
contained in the document provided under
clause 3(1)(a) or any other address given by
that child a notice in writing setting out the
matters referred to in sub-clauses (2), (3)
20 and (4).
(2) A child may--
(a) pay to the Court the registered amount on
or before the date specified in the notice;
or
25 (b) make an application referred to in
clause 7; or
(c) apply for an order under clause 8 that
payment of the registered amount not be
enforced; or
30 (d) appear before the registrar on the date
specified in the notice; or
(e) request that consideration of the matter
be deferred to another date so that the
child may appear before the registrar; or
35 (f) decline to be dealt with by the registrar
and request that the matter of the alleged
offence in respect of which the
infringement notice was issued be heard
and determined by the Court; or
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(g) do nothing and leave the matter of the
infringement notice to be dealt with by
the registrar on the date specified in the
notice.
5 (3) In addition to sub-clause (2), a child may
provide to the registrar information in writing
by or on behalf of the child in relation to--
(a) the child's employment or school
attendance;
10 (b) the child's personal and financial
circumstances.
(4) If a child wishes to exercise the option referred
to in sub-clause (2)(c), the child must make the
application to the registrar in the prescribed
15 form.
(5) If a child wishes to exercise the option referred
to in sub-clause (2)(f)--
(a) the child must notify the registrar on or
before the date specified in the notice
20 under sub-clause (1); and
(b) on receipt of the child's notification, the
registrar must cancel the registration of
the infringement penalty and remit the
infringement notice to the enforcement
25 agency.
(6) Nothing in this Schedule prohibits an
enforcement agency from filing a charge with
the Court in respect of an infringement notice
that has been remitted to it under sub-
30 clause (5)(b).
7. Applications concerning time to pay registered
amount
(1) A child in respect of whom an amount has been
registered under clause 4 may apply to the
35 registrar personally or in writing or in any other
manner approved by the registrar for one or
more of the following--
(a) an order that the time within which the
registered amount is to be paid be
40 extended; or
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(b) an order that the registered amount be
paid by instalments; or
(c) an order for the variation of an instalment
order.
5 (2) On receipt of an application under sub-
clause (1), the registrar may do one or more of
the following--
(a) allow additional time for the payment of
the registered amount or the balance of
10 the registered amount;
(b) direct payment of the registered amount
to be made by instalments;
(c) direct payment of the registered amount
or instalments to be made at the time or
15 times specified by the registrar;
(d) vary the amount of instalments.
8. Enforcement order
(1) Subject to sub-clause (2), if an infringement
penalty or part of an infringement penalty has
20 been registered in respect of a child under
clause 4, the registrar must consider the matter
on the day specified in the notice under clause 6
if--
(a) the child has not paid the infringement
25 penalty or the part of the infringement
penalty; and
(b) the child has not declined to be dealt with
by the registrar; and
(c) an order has not been made under clause
30 7 in respect of the infringement penalty.
(2) Subject to any application made by the child,
the registrar may adjourn or abridge the time
for considering the matter.
(3) After hearing the child, if the child appears
35 before the registrar, and after considering any
information provided to the registrar under
clause 6(3), the registrar may--
(a) cancel the registration of the
infringement penalty or the part of the
40 infringement penalty and remit the
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infringement notice to the enforcement
agency if--
(i) the child contests the matter of the
alleged offence in respect of which
5 the infringement notice was issued;
or
(ii) the child declines to be dealt with
by the registrar; or
(iii) the registrar is otherwise satisfied
10 that it is appropriate to do so; or
(b) defer making a decision to a later date on
which the child is to appear before the
registrar; or
(c) make an order confirming the
15 infringement penalty or part and order
that the child pay to the Court the
registered amount; or
(d) make an order reducing the registered
amount and order that the child pay to the
20 Court the registered amount as so
reduced; or
(e) if the registrar is satisfied that the child
has paid the registered amount, make an
order confirming the infringement
25 penalty or part; or
(f) if the registrar is satisfied on an
application under clause 6(4) or
otherwise, that it is appropriate to do so,
order that payment of the registered
30 amount that remains unpaid not be
enforced.
(4) In exercising his or her discretion under sub-
clause (3), the registrar must have regard to--
(a) the child's employment or school
35 attendance; and
(b) the child's personal and financial
circumstances.
(5) An order made under sub-clause (3) must not
require payment of an amount exceeding the
40 amount of a fine that the Court may impose
under section 150.
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(6) An enforcement order is deemed to be an order
of the Court--
(a) in the case of an order made under sub-
clause (3)(c) or (3)(d), on the expiry of
5 28 days after the making of the order
unless an application is made under
clause 10 within that period;
(b) in the case of an order made under sub-
clause (3)(e), on the day that it is made;
10 (c) in the case of an order made under sub-
clause (3)(f), on the expiry of 14 days
after the making of the order unless an
application is made under clause 10
within that period.
15 (7) A child in relation to whom an enforcement
order is made may apply for an order under
clause 7.
9. Notice of enforcement order
(1) Not later than 3 working days after the making
20 of an enforcement order, the registrar must
cause a notice in the prescribed form to be sent
by post to the child against whom the order is
made at the address contained in the document
provided under clause 3(1)(a) or any other
25 address given by the child.
(2) If the registrar orders that payment of a
registered amount that remains unpaid not be
enforced, the registrar must give notice of the
order and a copy of any information provided
30 by the child under clause 6(3) to the
enforcement agency not later than 3 working
days after the making of the order.
10. Court review of enforcement order
(1) If the registrar makes an order under clause
35 8(3)(c) or 8(3)(d), the child may, by notice in
writing to the Court within 28 days after the
registrar's decision, apply to the Court for a
review of the registrar's order.
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(2) If the registrar makes an order under clause
8(3)(f), the enforcement agency may, by notice
in writing to the Court within 14 days after the
date of the order, apply to the Court for a
5 review of the registrar's order.
(3) On receipt of a notice under sub-clause (1) or
(2), the registrar must cause notice of the time
and place of hearing of the review to be given
or sent to the child and the enforcement agency.
10 (4) On a review under this clause, the child and the
enforcement agency are entitled to appear.
(5) On a review under this clause, the Court may
make an order--
(a) confirming the registrar's order; or
15 (b) requiring the child to pay an amount not
exceeding the amount of a fine that the
Court may impose under section 150; or
(c) that payment of the registered amount
that remains unpaid not be enforced.
20 11. Enforcement hearing
(1) If--
(a) an order is made under clause 7, 8(3)(c),
8(3)(d) or 10(5) in respect of a person;
and
25 (b) for a period of more than one month the
person defaults in the payment of an
amount ordered to be paid or of any
instalment under an instalment order--
the Court may, by notice in writing served on
30 the person, require the person to appear before
the Court at a specified time and place for an
enforcement hearing.
(2) On an enforcement hearing, the Court may
make any order that it could make under
35 section 155.
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12. Effect of enforcement order
(1) If an enforcement order is made in relation to
an offence alleged to have been committed by a
child--
5 (a) the child is not thereby to be taken to
have been convicted of the offence; and
(b) the child is not liable to any further
proceedings for the alleged offence; and
(c) the making of the order does not in any
10 way affect or prejudice any civil claim,
action or proceeding arising out of the
same occurrence; and
(d) payment in accordance with the order is
not an admission of liability for the
15 purpose of, and does not in any way
affect or prejudice, any civil claim, action
or proceeding arising out of the same
occurrence.
(2) Any amount recovered as a result of the making
20 of an enforcement order is to be dealt with in
the same way as an amount recovered as a
result of a conviction.
(3) Despite anything to the contrary in this clause,
the making of an enforcement order in relation
25 to an offence which is a traffic infringement
within the meaning of the Road Safety Act
1986 does not prevent the incurring of demerit
points under section 25 of that Act in relation to
that infringement.
30 (4) Despite anything to the contrary in this clause,
the making of an enforcement order--
(a) may be recorded for the purposes of a
heavy vehicle registration suspension
scheme within the meaning of section
35 89(7) of the Road Safety Act 1986; and
(b) does not prevent the suspension of the
registration of a vehicle under that
scheme.
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13. Expiry of enforcement order
(1) An enforcement order expires--
(a) if an order is made under clause 7 in
relation to the enforcement order--
5 (i) on the payment in full of the
registered amount; or
(ii) if one or more payments are made
under the order but the registered
amount is not paid in full, 3 years
10 after the receipt of the last
payment; or
(iii) in any other case, 3 years after the
making of the order under
clause 7;
15 (b) if a warrant to seize property has been
issued in respect of the order, on that
warrant becoming void under section
58(2) of the Magistrates' Court Act
1989 as applied by section 24(2A);
20 (c) if an order is made under clause 8(3)(f),
on the making of that order;
(d) in any other case, 3 years after the order
was made.
(2) If both sub-clauses (1)(a) and (1)(b) apply, the
25 enforcement order expires on the warrant to
seize property becoming void.
(3) If an enforcement order expires as a result of
this clause, any registered amount still
outstanding in respect of which the order was
30 made ceases to be enforceable or recoverable.
(4) On the expiry of an enforcement order, any
warrant to seize property that was issued in
respect of that order is void.
(5) An enforcement order that has expired may be
35 reinstated by the registrar on the application of
the enforcement agency.
(6) Despite sub-clause (3), if an enforcement order
is reinstated, the registered amount in respect of
which it was made again becomes enforceable
40 or recoverable as if there had been no cessation.
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(7) Sub-clause (1) does not apply to a reinstated
enforcement order.
(8) A reinstated enforcement order expires 3 years
after it was reinstated.
5 (9) This clause does not apply to an enforcement
order in respect of which a warrant has been
issued under the Service and Execution of
Process Act 1992 of the Commonwealth.
14. Service of documents
10 (1) All documents required or permitted by this
Schedule to be given or served, may be served
personally or by post or in any other prescribed
manner.
(2) Any document served by post under this Part
15 must be addressed--
(a) to the address for service given by the
person on whom the document is to be
served; or
(b) if no address for service has been given,
20 to the address contained in the document
provided under clause 3(1)(a).
PART 3--CANCELLATION OF INFRINGEMENT
NOTICE
15. Cancellation of infringement notice if person not
25 aware
(1) A child or a person on that child's behalf may
apply to a registrar to have an infringement
notice cancelled if--
(a) the service of the infringement notice
30 was not by personal service on the child;
and
(b) the person was not in fact aware that an
infringement notice had been served on
the child.
35 (2) An application under sub-clause (1) must--
(a) be made within 14 days of the child
becoming aware of the infringement
notice; and
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(b) be accompanied by a written statement
setting out the grounds on which the
cancellation is sought.
(3) If an application is made under sub-clause (1), a
5 registrar must--
(a) stay the operation of the infringement
notice; and
(b) refer the application to the Court for
hearing and determination.
10 (4) On the referral to the Court under sub-
clause (3), the Court must cause a notice of the
time and place of the hearing of the application
to be given or sent to the enforcement agency
and to the applicant.
15 16. Powers of Court to cancel
(1) On the referral of an application under
clause 15 to the Court, any of the procedures set
out in this Schedule that are being used for the
enforcement of the infringement penalty are, by
20 force of this sub-clause, suspended pending the
determination of the application.
(2) The Court may only cancel an infringement
notice if it is satisfied that, more than 14 days
before making an application under sub-clause
25 (1), the person was not in fact aware that the
infringement notice had been served.
(3) If the Court cancels an infringement notice
under this clause--
(a) any infringement penalty and prescribed
30 costs that have been paid in relation to
the notice must be refunded and the
Consolidated Fund or any other fund
specified by the relevant Act or other
instrument into which the penalty and
35 costs have been paid is, to the necessary
extent, appropriated accordingly; and
(b) any of the procedures set out in this
Schedule that are being used for the
enforcement of any infringement penalty
40 and prescribed costs (if any) in relation to
the notice must be discontinued; and
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(c) any enforcement order in relation to the
infringement penalty and prescribed costs
(if any) is revoked; and
(d) any warrant issued in relation to the
5 infringement penalty and prescribed costs
is cancelled.
(4) The cancellation of an infringement notice
under this clause does not prevent the service of
a new infringement notice in respect of the
10 offence for which the cancelled infringement
notice was served.'.
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Part 4--Amendment of other Acts and Repeal
s. 35
PART 4--AMENDMENT OF OTHER ACTS AND REPEAL
See: 35. Amendment of Victorian Civil and Administrative
Act No.
Tribunal Act 1998
53/1998.
Reprint No. 4
For Parts 3 and 4 of Schedule 1 to the Victorian
as at
1 March 2006
Civil and Administrative Tribunal Act 1998
5 and
substitute--
amending
Act Nos
19/2003,
"PART 3--CHILDREN, YOUTH AND FAMILIES
16/2005,
ACT 2005
49/2005,
57/2005,
61/2005,
5. Constitution of Tribunal
97/2005,
14/2006,
10 In a proceeding under section 42, 118, 158
16/2006,
or 333 of the Children, Youth and Families
22/2006,
Act 2005, the Tribunal is to be constituted by,
23/2006 and
or to include, a member who, in the opinion of
24/2006.
LawToday: the President, has knowledge of, or experience
www.dms.
15 in, child welfare matters.
dpc.vic.
gov.au
6. Tribunal cannot alter time limits
Sections 126(1) and 126(2)(a) do not apply to a
proceeding in relation to a decision under
Schedule 1 to the Children, Youth and
20 Families Act 2005.".
See: 36. Amendment of Commonwealth Powers (Family
Act No.
Law--Children) Act 1986
92/1986.
Reprint No. 1
In the Schedule to the Commonwealth Powers
as at
14 July 1997
(Family Law--Children) Act 1986, for item 2
and
substitute--
25 amending
Act No.
"2. Children, Youth and Families Act 2005:
59/1997.
LawToday:
(a) sections 172 and 173; and
www.dms.
dpc.vic.
(b) sections 205(1), 216, 240 to 243, 262, 263, 266
gov.au
to 271 and 274; and
30 (c) section 275 (except section 275(1)(a) and in
relation to section 275(1)(b) only to the extent
that the order is subject to a condition relating
to where a child is to live); and
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s. 37
(d) sections 280 to 282 (but where those sections
refer to a supervision order, only to the extent
that the order is subject to a condition relating
to where a child is to live); and
5 (e) sections 283 to 287; and
(f) sections 289 to 292; and
(g) sections 293 to 318 (except where--
(i) section 310(1) includes a protection order
that is an undertaking or a supervision
10 order other than a supervision order
subject to a condition relating to where a
child is to live; and
(ii) sections 310(3) and 310(5) refer to an
undertaking or a supervision order other
15 than a supervision order subject to a
condition relating to where a child is to
live); and
(h) sections 319 to 321 and 325; and
(i) sections 326 to 329, 333 to 337 and 515; and
20 (j) section 597 (to the extent that that section
applies to a person in the care or custody of the
Secretary under sub-section (1)(a) or placed or
in safe custody under sub-section (1)(c) or
(1)(d)); and
25 (k) section 598.".
See:
37. Amendment of Terrorism (Community Protection) Act No.
(Amendment) Act 2006 5/2006.
Statute Book:
(1) In section 17(1)(d) of the Terrorism www.dms.
dpc.vic.
(Community Protection) (Amendment) Act gov.au
2006, for "Division 4" substitute "Division 5".
30
(2) In section 18 of the Terrorism (Community
Protection) (Amendment) Act 2006, in proposed
section 488A of the Children, Youth and
Families Act 2005--
(a) in the definition of "detainee", for "juvenile
35
justice facility" substitute "youth justice
facility";
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s. 38
(b) the definition of "juvenile justice facility" is
repealed;
(c) in the definition of "officer", for "juvenile
justice facility" substitute "youth justice
facility";
5
(d) for the definition of "visitor" substitute--
' "visitor" means a person who visits a
youth justice facility to have contact
with a detainee;';
(e) insert the following definition--
10
' "youth justice facility" means a remand
centre, youth residential centre or youth
justice centre.'.
(3) In section 18 of the Terrorism (Community
Protection) (Amendment) Act 2006, in proposed
15
sections 488B(1), 488C, 488D, 488E and 488G of
the Children, Youth and Families Act 2005--
(a) for "juvenile justice facility" (wherever
occurring) substitute "youth justice facility";
(b) for "juvenile justice facilities" (wherever
20
occurring) substitute "youth justice
facilities".
See: 38. Amendment of Melbourne City Link Act 1995
Act No.
107/1995.
In section 87A(5)(d) of the Melbourne City Link
Reprint No. 6
Act 1995 before "Schedule 2A" insert
25 as at
10 February
"infringement penalty or part of an infringement
2006
penalty and prescribed costs within the meaning
and
amending
of".
Act No.
61/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
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s. 39
39. Amendment of Road Safety Act 1986 See:
Act No.
(1) In section 67(5)(e) of the Road Safety Act 1986 127/1986.
Reprint No. 9
before "Schedule 2A" insert "infringement as at
penalty or part of an infringement penalty and 25 August
2005
prescribed costs within the meaning of".
5 and
amending
(2) In section 89F(1) of the Road Safety Act 1986 for Act Nos
paragraphs (a) to (c) substitute-- 19/1991,
111/2003,
"(a) clauses 3(2)(g) and 3(2)(i); 110/2004,
21/2005,
(b) clauses 12(1)(a) and 12(1)(b).". 24/2005,
93/2005,
95/2005,
97/2005,
12/2006 and
20/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
40. Amendment of Infringements Act 2006
10 Act No.
12/2006.
(1) In section 3(1) of the Infringements Act 2006 in Statute Book
the definition of "child" for "registered under www.dms.
dpc.vic.
clause 5 of Schedule 2A to the Children and gov.au
Young Persons Act 1989" substitute
"an application is made under clause 3 of
15
Schedule 2A to the Children and Young Persons
Act 1989 for the registration of an infringement
penalty in respect of the person".
(2) In sections 15(b)(ii), 16(3)(a), 17(3)(a), 18(1)(b),
22(2)(a)(i)(B) and 46(2)(a)(ii) of the
20
Infringements Act 2006 for "clause 5 of
Schedule 2A" substitute "clause 4 of
Schedule 2A".
See:
41. Repeal of Adoption (Amendment) Act 1991 Act No.
51/1991.
The Adoption (Amendment) Act 1991 is
25
repealed.
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Part 4--Amendment of other Acts and Repeal
s. 42
42. Consequential amendments to other Acts
On the coming into operation of an item in the
Schedule, the Act referred to in the heading to that
item is amended as set out in that item.
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Sch.
SCHEDULE
Section 41
CONSEQUENTIAL AMENDMENTS
1. Adoption Act 1984
5 1.1 In section 45(3)(b), for "Children and Young Persons Act
1989" substitute "Children, Youth and Families Act
2005".
1.2 For section 46(3)(b) substitute--
"(b) a child who is the subject of a guardianship to
10 Secretary order or long-term guardianship to
Secretary order within the meaning of the Children,
Youth and Families Act 2005 or who is under the
guardianship of a person by reason of provisions of an
Act of another State or of a Territory corresponding to
15 the provisions of the Children, Youth and Families
Act 2005 by reason of which a child may be such a
ward.".
2. Alcoholics and Drug-dependent Persons Act 1968
In section 14(4)--
20 (a) for "Community Services Act 1970" substitute
"Corrections Act 1986";
(b) for "gaol" substitute "prison".
3. Appeal Costs Act 1998
For section 15(1)(c) substitute--
25 "(c) section 424(3) of the Children, Youth and Families
Act 2005--".
4. Bail Act 1977
4.1 In section 3, in the definition of "prison" for "youth training
centre under the Children and Young Persons Act 1989"
30 substitute "youth justice centre under the Children, Youth
and Families Act 2005".
4.2 In the heading to section 5A for "youth training centre"
substitute "youth justice centre".
4.3 In section 5A(1)(a) for "youth training centre" substitute
35 "youth justice centre".
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5. Child Employment Act 2003
In section 3, in the definition of "parent", for "Children and
Young Persons Act 1989" substitute "Children, Youth
and Families Act 2005".
5 6. Children's Services Act 1996
For section 5(1)(c) substitute--
"(c) recipients of protection, care or accommodation being
provided by a community service or secure welfare
service established under section 44 of the Children,
10 Youth and Families Act 2005 or a community
service registered under Division 3 of Part 3.3 of that
Act;".
7. Coroners Act 1985
For sections 66A(4)(e), 66A(4)(f) and 66A(4)(g)
15 substitute--
"(e) assess whether a report under section 183 of the
Children, Youth and Families Act 2005 should be
made in relation to any living siblings of the deceased
child;
20 (f) make a report under section 183 of the Children,
Youth and Families Act 2005 in relation to any
living siblings of the deceased child;
(g) advise the State Coroner that the Institute has made a
report under section 183 of the Children, Youth and
25 Families Act 2005 in relation to any living siblings of
the deceased child.".
8. Corrections Act 1986
8.1 In section 6D(2)(a) for "Children and Young Persons Act
1989" substitute "Children, Youth and Families Act
30 2005".
8.2 In section 9AA(1)(b)(iv) for "youth training centre within
the meaning of the Children and Young Persons Act
1989" substitute "youth justice centre within the meaning of
the Children, Youth and Families Act 2005".
35 8.3 In the Note at the foot of section 56AB, for "Division 10 of
Part 4 of the Children and Young Persons Act 1989"
substitute "Part 5.6 of the Children, Youth and Families
Act 2005".
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8.4 For section 69(1)(b) substitute--
"(b) Part 5.6 of the Children, Youth and Families Act
2005 and regulations made under that Part; and".
8.5 In section 75--
5 (a) for "Children and Young Persons Act 1989"
substitute "Children, Youth and Families Act
2005";
(b) for "youth training centre" substitute "youth justice
centre".
10 8.6 In section 104C(2)(d) for "Children and Young Persons
Act 1989" substitute "Children, Youth and Families Act
2005".
9. Crimes Act 1958
9.1 In section 361(4)(c)--
15 (a) for "youth training centre within the meaning of the
Children and Young Persons Act 1989" substitute
"youth justice centre within the meaning of the
Children, Youth and Families Act 2005";
(b) in sub-paragraph (i), for "youth training centre"
20 substitute "youth justice centre".
9.2 In section 464(2)--
(a) in paragraph (a) of the definition of "detained or
protected person", for "youth training centre"
substitute "youth justice centre";
25 (b) in the definition of "held in a prison, police gaol,
youth training centre or youth residential centre"--
(i) for "youth training centre" substitute "youth
justice centre";
(ii) in paragraph (c) for "youth training centre"
30 substitute "youth justice centre";
(iii) in paragraphs (c) and (d) for "Children and
Young Persons Act 1989" substitute
"Children, Youth and Families Act 2005";
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(c) for the definition of "prison" substitute--
' "prison" has the same meaning as in the
Corrections Act 1986 but includes a youth
justice centre established under section 478 of
5 the Children, Youth and Families Act
2005;';
(d) in the definition of "youth residential centre", for
"Children and Young Persons Act 1989"
substitute "Children, Youth and Families Act
10 2005".
9.3 In sections 464M(16), 464S(3)(a), 464ZF(3)(b) and
464ZFA(1) for "youth training centre" substitute "youth
justice centre".
9.4 In section 476B--
15 (a) for "Community Services Act 1970" (where first
occurring) substitute "Children, Youth and
Families Act 2005";
(b) for "the Children and Young Persons Act 1989"
substitute "that Act";
20 (c) for "youth training centre" substitute "youth justice
centre";
(d) for "Community Services Act 1970" (where
secondly occurring) substitute "Corrections Act
1986".
25 9.5 In section 493 for "youth training centre within the meaning
of Part IV of the Community Services Act 1970"
substitute "youth justice centre within the meaning of the
Children, Youth and Families Act 2005".
9.6 In section 506(1) in the definition of "child", for "Children
30 and Young Persons Act 1989" substitute "Children,
Youth and Families Act 2005".
9.7 In section 566 for paragraph (f) of the definition of
"sentence" substitute--
"(f) an order under section 365, 367, 373, 380 and 387 of
35 the Children, Youth and Families Act 2005 made
by the Supreme Court or the County Court in its
original jurisdiction.".
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10. Crimes (Family Violence) Act 1987
10.1 In section 3A(1) omit "despite anything to the contrary in
section 17 of the Children and Young Persons Act 1989".
10.2 In sections 20(6), 21(5) and 25 for "Children and Young
5 Persons Act 1989" substitute "Children, Youth and
Families Act 2005".
10.3 Insert the following heading to section 25--
"Intervention order prevails over order under Children,
Youth and Families Act 2005".
10 11. Drugs, Poisons and Controlled Substances Act 1981
In section 76(3) for "Children's Court Act 1973"
substitute "Children, Youth and Families Act 2005".
12. EastLink Project Act 2004
12.1 In section 218--
15 (a) in sub-section (1), for "Schedule 2A to the Children
and Young Persons Act 1989" substitute
"Schedule 3 to the Children, Youth and Families
Act 2005";
(b) in sub-section (3)--
20 (i) for "Children and Young Persons Act 1989"
substitute "Children, Youth and Families
Act 2005";
(ii) in paragraph (a), for "Schedule 2A" substitute
"Schedule 3".
25 12.2 In section 219(3)(ab) for "Schedule 2A to the Children and
Young Persons Act 1989" substitute "Schedule 3 to the
Children, Youth and Families Act 2005".
13. Evidence Act 1958
13.1 In section 12 for "youth training centre" substitute "youth
30 justice centre".
13.2 In section 42C, in the definition of "child" for "Children
and Young Persons Act 1989" (wherever occurring)
substitute "Children, Youth and Families Act 2005".
13.3 In section 42F(1)--
35 (a) in paragraph (a), for "Children and Young Persons
Act 1989" substitute "Children, Youth and
Families Act 2005";
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(b) in paragraph (b), for "section 116 or 117 of the
Children and Young Persons Act 1989" substitute
"section 328 or 329 of the Children, Youth and
Families Act 2005".
5 14. Firearms Act 1996
In section 3(1) in paragraph (d) of the definition of "term of
imprisonment", for "youth training centre" substitute "youth
justice centre".
15. Gambling Regulation Act 2003
10 In sections 10.2.1 and 10.2.2 for "Minister administering the
Community Services Act 1970" substitute "Minister for
Community Services".
16. Health Act 1958
16.1 In section 162B, in the definition of "Ministerial
15 Committee", for "notifications under section 64(1) of the
Children and Young Persons Act 1989" substitute
"reports under section 183 of the Children, Youth and
Families Act 2005".
16.2 In section 162FB(e) for "section 64(1) of the Children and
20 Young Persons Act 1989" substitute "section 183 of the
Children, Youth and Families Act 2005".
17. Health Services Act 1988
In sections 136(3)(c) and 137 for "Minister administering
the Community Services Act 1970" (wherever occurring)
25 substitute "Minister for Community Services".
18. Infringements Act 2006
18.1 In section 3(1) in the definition of "child" for "Schedule 2A
to the Children and Young Persons Act 1989" substitute
"Schedule 3 to the Children, Youth and Families Act
30 2005".
18.2 In sections 7(3) and 13(b) for "Children and Young
Persons Act 1989" substitute "Children, Youth and
Families Act 2005".
18.3. In sections 15(b)(ii), 16(3)(a), 17(3)(a), 18(1)(b), and
35 22(2)(a)(i)(B) for " Schedule 2A to the Children and
Young Persons Act 1989" substitute "Schedule 3 to the
Children, Youth and Families Act 2005".
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18.4 In section 40(4) for "Children and Young Persons Act
1989" substitute "Children, Youth and Families Act
2005".
18.5 In section 46(2)(a)(ii) for " Schedule 2A to the Children
5 and Young Persons Act 1989" substitute " Schedule 3 to
the Children, Youth and Families Act 2005".
19. Judgment Debt Recovery Act 1984
In section 12(1) for "Division 2 of Part III of the
Community Services Act 1970" substitute "section 24 of
10 the Children, Youth and Families Act 2005".
20. Juries Act 2000
In clause 3(e) of Schedule 1 for "youth training centre"
substitute "youth justice centre".
21. Limitation of Actions Act 1958
15 In section 27A(1) in the definition of "guardian", for
"Children and Young Persons Act 1989" substitute
"Children, Youth and Families Act 2005".
22. Magistrates' Court Act 1989
22.1 In section 3(1)--
20 (a) in the definition of "process", for "youth training
centre" substitute "youth justice centre";
(b) insert the following definition--
' "youth justice centre" means a youth justice centre
established under section 478 of the Children,
25 Youth and Families Act 2005.';
(c) the definition of "youth training centre" is repealed.
22.2 In section 16I(b)(i) for "youth training centre" substitute
"youth justice centre".
22.3 Insert the following heading to section 49--
30 "Power to return defendant to youth justice centre".
22.4 In sections 49(1)(a), 56(5), 57(1)(f), 58(2), 59(4), 59(5),
60(1), 67(2) and 67(3) for "youth training centre" (wherever
occurring) substitute "youth justice centre".
22.5 Insert the following heading to section 72--
35 "Provisions extend to detention in youth justice centre".
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22.6 In section 72--
(a) for "Children and Young Persons Act 1989"
substitute "Children, Youth and Families Act
2005";
5 (b) for "youth training centre" (wherever occurring)
substitute "youth justice centre".
22.7 In sections 81(a)(iii) and 91(1), for "youth training centre"
(wherever occurring) substitute "youth justice centre".
22.8 In section 120(1) for "Children and Young Persons Act
10 1989" substitute "Children, Youth and Families Act
2005".
22.9 In section 128(6) and clause 2(2)(b) of Schedule 6 for
"youth training centre" (wherever occurring) substitute
"youth justice centre".
15 23. Maintenance Act 1965
In section 5(3)--
(a) for "an allowance is payable under the Community
Services Act 1970" substitute "a grant is made or
payable under section 24 of the Children, Youth and
20 Families Act 2005";
(b) for "such an allowance is" substitute "such a grant is
made or".
24. Major Crime (Investigative Powers) Act 2004
In section 3 in the definition of "prison" for "a youth training
25 centre established under section 249 of the Children and
Young Persons Act 1989" substitute "a youth justice
centre established under section 478 of the Children, Youth
and Families Act 2005".
25. Marriage Act 1958
30 In section 132(2)--
(a) omit "and one hundred and forty-four";
(b) for "Community Services Act 1970" substitute
"Children, Youth and Families Act 2005".
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26. Melbourne City Link Act 1995
26.1 In section 86--
(a) in sub-section (1), for "Schedule 2A to the Children
and Young Persons Act 1989" substitute
5 "Schedule 3 to the Children, Youth and Families
Act 2005";
(b) in sub-section (2)--
(i) for "Children and Young Persons Act 1989"
substitute "Children, Youth and Families
10 Act 2005";
(ii) after "sub-section (3)" insert "or (4)";
(c) in sub-section (4)--
(i) for "Children and Young Persons Act 1989"
substitute "Children, Youth and Families
15 Act 2005";
(ii) in paragraph (a), for "Schedule 2A" substitute
"Schedule 3".
26.2 In section 87(3)(aab), for "Schedule 2A to the Children and
Young Persons Act 1989" substitute "Schedule 3 to the
20 Children, Youth and Families Act 2005".
26.3 In section 87A for "Schedule 2A to the Children and
Young Persons Act 1989" (wherever occurring) substitute
"Schedule 3 to the Children, Youth and Families Act
2005".
25 27. Mental Health Act 1986
27.1 For section 14E(3)(b) substitute--
"(b) a remand centre, youth residential centre or youth
justice centre (within the meaning of the Children,
Youth and Families Act 2005); or".
30 27.2 For section 15E(3)(b) substitute--
"(b) a remand centre, youth residential centre or youth
justice centre (within the meaning of the Children,
Youth and Families Act 2005); or".
27.3 For section 16(7)(a)(i) substitute--
35 "(i) the Secretary in relation to a person detained in a
remand centre, youth residential centre or youth
justice centre within the meaning of the Children,
Youth and Families Act 2005; and".
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27.4 For section 16(7)(b)(i) substitute--
"(i) a remand centre, youth residential centre or youth
justice centre within the meaning of the Children,
Youth and Families Act 2005; and".
5 27.5 In section 50 for "youth training centre" (wherever
occurring) substitute "youth justice centre".
27.6 In section 51(3)(c) for "youth training centre within the
meaning of the Children and Young Persons Act 1989"
substitute "youth justice centre within the meaning of the
10 Children, Youth and Families Act 2005".
27.7 For section 53A(a)(i) substitute--
"(i) the Secretary to the Department of Human Services in
relation to a person detained in a remand centre, youth
residential centre or youth justice centre within the
15 meaning of the Children, Youth and Families Act
2005; and".
27.8 For section 53A(b)(i) substitute--
"(i) the Department of Human Services in relation to a
person detained in a remand centre, youth residential
20 centre or youth justice centre within the meaning of
the Children, Youth and Families Act 2005; and".
27.9 For section 53A(c)(i) substitute--
"(i) a remand centre, youth residential centre or youth
justice centre within the meaning of the Children,
25 Youth and Families Act 2005; and".
27.10 In section 85(1)(b)(iii) for "section 271 of the Children and
Young Persons Act 1989" substitute "section 597 of the
Children, Youth and Families Act 2005".
28. Police Regulation Act 1958
30 In section 3(1) for the definition of "prison" substitute--
' "prison" has the same meaning as in the Corrections Act
1986 but includes a youth justice centre established
under section 478 of the Children, Youth and
Families Act 2005;'.
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29. Prisoners (Interstate Transfer) Act 1983
29.1 In section 4 for paragraph (b) of the definition of "State
sentence of imprisonment" substitute--
"(b) in a youth justice centre within the meaning of the
5 Children, Youth and Families Act 2005; or".
29.2 In section 33(2) for "section 132 of the Community
Services Act 1970" substitute "section 479C of the Crimes
Act 1958".
30. Residential Tenancies Act 1997
10 In section 3(1), in paragraph (d) of the definition of "health
or residential service", for "Children and Young Persons
Act 1989" substitute "Children, Youth and Families Act
2005".
31. Road Safety Act 1986
15 31.1 In sections 66(3)(aab), 67, 88(3AA)(b), 89B, 89F and
92(3)(e)(ii) for "Schedule 2A to the Children and Young
Persons Act 1989" (wherever occurring) substitute
"Schedule 3 to the Children, Youth and Families Act
2005".
20 31.2 In the heading to section 89F for "Schedule 2A to the
Children and Young Persons Act 1989" substitute
"Schedule 3 to the Children, Youth and Families Act
2005".
32. Sentencing Act 1991
25 32.1 In section 3(1)--
(a) in the definition of "detention", for "youth training
centre" substitute "youth justice centre";
(b) in the definition of "secure custody facility", for
paragraph (b) substitute--
30 "(b) a youth justice centre; or";
(c) insert the following definitions--
' "youth justice centre" has the same meaning as in
the Children, Youth and Families Act 2005;
"youth justice centre order" means an order made
35 under Subdivision (4) of Division 2 of Part 3
directing the detention of a young offender in a
youth justice centre;';
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(d) for the definition of "Youth Parole Board"
substitute--
' "Youth Parole Board" means Youth Parole Board
referred to in section 442 of the Children,
5 Youth and Families Act 2005;';
(e) for the definition of "youth residential centre"
substitute--
' "youth residential centre" has the same meaning
as in the Children, Youth and Families Act
10 2005;';
(f) the definitions of "youth training centre" and "youth
training centre order" are repealed.
32.2 In section 6B(2)--
(a) in the definition of "serious arson offender" for "youth
15 training centre" substitute "youth justice centre";
(b) in the definition of "serious drug offender" for "youth
training centre" substitute "youth justice centre";
(c) in the definition of "serious sexual offender" for
"youth training centre" (wherever occurring)
20 substitute "youth justice centre";
(d) in the definition of "serious violent offender" for
"youth training centre" substitute "youth justice
centre".
32.3 In sections 7(1)(d), 16, 17 and 18ZM(2) for "youth training
25 centre" (wherever occurring) substitute "youth justice
centre".
32.4 In the heading to Subdivision (4) of Division 2 of Part 3 for
"Youth Training Centre Orders" substitute "Youth
Justice Centre Orders".
30 32.5 Insert the following heading to section 32--
"Youth justice centre or youth residential centre order".
32.6 In sections 32(1), 32(2) and 32(2A) for "youth training
centre order" (wherever occurring) substitute "youth justice
centre order".
35 32.7 In sections 32(3) and 34(1)(c) for "youth training centre"
(wherever occurring) substitute "youth justice centre".
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32.8 In section 96 for "youth training centre order" (wherever
occurring) substitute "youth justice centre order".
32.9 In section 107(1)(b) for "Children and Young Persons Act
1989" substitute "Children, Youth and Families Act
5 2005".
33. Sex Offenders Registration Act 2004
33.1 In section 3, in the definition of "community service
order"--
(a) in paragraph (b), for "Children and Young Persons
10 Act 1989" substitute "Children, Youth and
Families Act 2005";
(b) for paragraph (c) substitute--
"(c) a youth supervision order within the meaning of
the Children, Youth and Families Act 2005
15 where the person is required to engage in
community service activities by a direction
under section 389(1)(g) of that Act;".
33.2 In section 3, in the definition of "good behaviour bond" for
paragraph (b) substitute--
20 "(b) a bond under section 367 of the Children, Youth and
Families Act 2005;".
33.3 In section 3--
(a) in paragraph (a) of the definition of "sentence", for
"Children and Young Persons Act 1989"
25 substitute "Children, Youth and Families Act
2005";
(b) in paragraph (ca) of the definition of "supervised
sentence", for "section 137(1) of the Children and
Young Persons Act 1989" substitute "section 360(1)
30 of the Children, Youth and Families Act 2005".
33.4 In section 6(3)(b) for "section 137(1)(b), (c) or (d) of the
Children and Young Persons Act 1989" substitute
"section 360(1)(b), 360(1)(c) or 360(1)(d) of the Children,
Youth and Families Act 2005".
35 33.5 In section 11(5) for "section 137(1)(b), (c) or (d) of the
Children and Young Persons Act 1989" substitute
"section 360(1)(b), 360(1)(c) or 360(1)(d) of the Children,
Youth and Families Act 2005".
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33.6 In section 67(1), in paragraph (e) of the definition of "child-
related employment" for "youth training centres, within the
meaning of the Children and Young Persons Act 1989"
substitute "youth justice centres, within the meaning of the
5 Children, Youth and Families Act 2005".
34. Supreme Court Act 1986
In section 119(4) omit "the Community Services Act 1970
or".
35. Terrorism (Community Protection) Act 2003
10 35.1 In section 13B(1)--
(a) the definition of "juvenile justice facility" is repealed;
(b) in the definition of "seizable item", in paragraph (c),
for "remotely." substitute "remotely;";
(c) insert the following definition--
15 ' "youth justice facility" means a service established
under section 478 of the Children, Youth and
Families Act 2005.'.
35.2 In section 13E(8), for "juvenile justice facility" substitute
"youth justice facility".
20 35.3 In section 13F--
(a) for "juvenile justice facility" (wherever occurring)
substitute "youth justice facility";
(b) in the note at the foot of sub-section (9)--
(i) for "Section 271 of the Children and Young
25 Persons Act 1989" substitute "Section 597 of
the Children, Youth and Families Act 2005";
(ii) for "juvenile justice facility" substitute "youth
justice facility".
35.4 In sections 13I(8), 13N and 13O for "juvenile justice
30 facility" (wherever occurring) substitute "youth justice
facility".
35.5 In section 13WA--
(a) in the heading, for "juvenile justice facility"
substitute "youth justice facility";
35 (b) for "juvenile justice facility" (wherever occurring)
substitute "youth justice facility";
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(c) for "Children and Young Persons Act 1989"
(wherever occurring) substitute "Children, Youth
and Families Act 2005";
(d) in sub-section (5), for paragraphs (a) to (j)
5 substitute--
"(a) section 17(1) and, to the extent that it relates to
section 597(3) or 597(4), section 17(2);
(b) section 482(1) other than paragraphs (b) to (d);
(c) section 482(2) other than paragraphs (a)
10 and (b);
(d) section 482(3);
(e) section 483(1) and 483(1A);
(f) section 486;
(g) section 487 other than paragraph (f) to the
15 extent that that paragraph applies to
discriminatory treatment that is reasonable and
necessary having regard to the nature of the
person's detention;
(h) sections 488A to 488G;
20 (i) section 501;
(j) section 597.".
35.6 In sections 13ZC and 13ZM(3), for "juvenile justice facility"
(wherever occurring) substitute "youth justice facility".
35.7 In the Note to section 13ZJ(4) for "Children and Young
25 Persons Act 1989" substitute "Children, Youth and
Families Act 2005".
36. Transport Act 1983
36.1 Section 223E(1) is repealed.
36.2 In section 223E(2)--
30 (a) in paragraph (a)--
(i) for "section 140 of the Children and Young
Persons Act 1989" substitute "section 363 of
the Children, Youth and Families Act 2005";
(ii) in sub-paragraph (i), for "section 140"
35 substitute "section 363";
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(iii) in sub-paragraph (ii), for "section 142"
substitute "section 365";
(b) in paragraph (b), for "section 144" substitute
"section 367";
5 (c) in paragraph (c), for "section 158" substitute
"section 380".
36.3 In section 223E(3) omit "(1) or".
36.4 In section 223E(4)--
(a) for "Children's Court Act 1973 or the Children and
10 Young Persons Act 1989" substitute "Children,
Youth and Families Act 2005";
(b) omit "(1) or".
37. Victims of Crime Assistance Act 1996
In section 3(1), in the definition of "guardian", for
15 "Children and Young Persons Act 1989" substitute
"Children, Youth and Families Act 2005".
38. Whistleblowers Protection Act 2001
In section 3(1), for the definition of "prison" substitute--
' "prison" has the same meaning as in the Corrections Act
20 1986 but includes a youth justice centre established
under section 478 of the Children, Youth and
Families Act 2005;'.
39. Working with Children Act 2005
39.1 In section 3(1), in the definition of "parent", for "Children
25 and Young Persons Act 1989" substitute "Children,
Youth and Families Act 2005".
39.2 In section 9(3)(e) for "youth training centres, within the
meaning of the Children and Young Persons Act 1989"
substitute "youth justice centres, within the meaning of the
30 Children, Youth and Families Act 2005".
86
551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
Children, Youth and Families (Consequential and Other
Amendments) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
87
551427B.A1-19/7/2006 BILL LA AS SENT 19/7/2006
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