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CHILD WELLBEING AND SAFETY ACT 2005


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  

   PART 2--PRINCIPLES FOR CHILDREN

   4.      Principles are for guidance  
   5.      Principles for children  
   5A.     Principles for compliance with Child Safe Standards  

   PART 3--CHILD WELLBEING AND SAFETY

   6.      The role of the Minister  
   7.      Role of the Secretary in relation to Aboriginal communities  

   PART 4--VICTORIAN CHILDREN'S COUNCIL

   8.      Establishment of Victorian Children's Council  
   9.      Constitution of Council  
   10.     Functions of the Council  
   11.     Sub-committees  
   12.     Procedure of the Council  

   PART 5--CHILDREN'S SERVICES CO‑ORDINATION BOARD

   13.     Establishment of Children's Services Co-ordination Board  
   14.     Constitution of Board  
   15.     Functions of the Board  
   16.     Procedure of the Board  

   PART 5A--REPORTABLE CONDUCT SCHEME

   16A.    Definition  
   16B.    Principles  
   16C.    Application of reportable conduct scheme  
   16D.    Administration, oversight and monitoring of scheme  
   16E.    Avoiding unnecessary duplication  
   16F.    Objectives of Commission under this Part  
   16G.    Functions of Commission under this Part  
   16H.    Powers of the Commission  
   16I.    Exemption by Commission  
   16J.    Exemption from whole of scheme  
   16K.    Head of entity to have systems in place  
   16L.    Disclosure to Commission of reportable allegation  
   16M.    Head of entity to notify Commission of reportable allegation  
   16N.    Head of entity to respond to reportable allegation  
   16O.    Commission may investigate reportable allegation  
   16P.    Commission may visit entity  
   16Q.    Commission may interview employee  
   16R.    Commission may interview child  
   16S.    Commission may interview employee subject of reportable allegation  
   16T.    Commission may obtain information from Victoria Police  
   16U.    Victoria Police investigation has priority  
   16V.    Commission may request regulator to investigate or provide information and documents  
   16W.    Commission may monitor regulator's investigation  
   16X.    Regulator may disclose information or documents to Commission  
   16Y.    Disclosure of information or documents  
   16Z.    Protection against self-incrimination  
   16ZA.   Assistance to be provided  
   16ZB.   Disclosure of information about investigations to children, parents and carers  
   16ZC.   Disclosure of information to the Commission, the head of an entity, a regulator, Victoria Police and others  
   16ZD.   Commission to notify Secretary after finding of reportable conduct  
   16ZE.   Prohibition on publishing certain information  
   16ZF.   False or misleading information  
   16ZG.   Notice to produce  
   16ZH.   Application for declaration and order that entity pay a civil penalty  
   16ZI.   Internal review  
   16ZJ.   Review by VCAT  
   16ZK.   Service of documents  
   16ZL.   Annual reports and other reports  
   16ZM.   Giving a report to Parliament  
   16ZN.   Review of reportable conduct scheme after 5 years of operation  

   PART 6--CHILD SAFE STANDARDS

   17.     Minister may make Child Safe Standards  
   18.     Governor in Council may specify day for compliance with Child Safe Standards  
   19.     Category 1 and 2 entities must comply with Child Safe Standards  
   20.     Prescribed applicable entity must comply with Child Safe Standards  
   21.     Applicable entity belonging to a prescribed class must comply with Child Safe Standards  
   22.     Exemption from requirement to comply with Child Safe Standards  
   23.     Application of Child Safe Standards to businesses not carried on by applicable entities  
   24.     Objectives of Commission  
   25.     Functions of Commission  
   26.     Requests for information or documents  
   27.     Requests for information or documents by relevant authorities  
   28.     Requests for information or documents from relevant authorities  
   29.     Inspection of premises  
   30.     Notice to produce  
   31.     Notice to comply  
   32.     Non-compliance with notice to produce or notice to comply  
   33.     Application to court  
   34.     Civil penalty  
   35.     Protection against self-incrimination  
   36.     Assistance to be provided  
   37.     Avoiding unnecessary duplication with other authorities  
   38.     Consultation with relevant authorities  
   39.     Service of documents  
   40.     Definitions  
   41.     Matters relevant to disclosures of information  
   41A.    Disclosures made in good faith  
   41B.    Disclosure of information by relevant person prohibited  
   41C.    Disclosure to other relevant persons permitted  
   41D.    Disclosure to report concerns permitted  
   41E.    Disclosure to protect child permitted  
   41F.    Disclosure to court or tribunal permitted  
   41G.    Disclosure to obtain legal advice permitted  
   41H.    Disclosing information to other authorities  
   41I.    Internal review  
   41J.    Application to the Victorian Civil and Administrative Tribunal  
   41K.    Report of compliance by relevant entities with Child Safe Standards  
   41L.    Matters to be included in annual report must not include identifying information  
   41M.    Commission must first give opportunity to respond to adverse comment or opinion  
   41N.    Application of Division  
   41O.    Giving the report to Parliament  

   PART 7--BIRTH NOTIFICATION

   42.     Application of Part  
   43.     Early notification of births  
   44.     How must the birth notice be given?  
   45.     What must be done once notice is received?  
   46.     Offence to fail to give notice  

   PART 8--GENERAL

   47.     Regulations  

   PART 9--TRANSITIONAL PROVISIONS

   48.     Children Legislation Amendment (Reportable Conduct) Act 2017  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           ENDNOTES


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