Victorian Consolidated Legislation

Child Wellbeing and Safety Act 2005 - SECT 33

Functions in relation to child deaths

33. Functions in relation to child deaths



(1) The Child Safety Commissioner must conduct an inquiry and prepare a report
in relation to a child who has died and who was a child protection client at
the time of his or her death or within 12 months before his or her death.

(1A) This section applies to a child-

   (a)  who died before the commencement of section 11 of the Children
        Legislation Amendment Act 2009; or

   (b)  who dies on or after the commencement of section 11 of the Children
        Legislation Amendment Act 2009.

(2) The object of an inquiry under this section is to promote continuous
improvement and innovation in policies and practices relating to child
protection and safety.

(3) The inquiry must relate to the services provided, or omitted to be
provided, to the child before his or her death.

(4) The Secretary must advise the Child Safety Commissioner of the death of
each child who was a child protection client at the time of his or her death
or within 12 months before his or her death.

(5) For the purposes of this section-





   (a)  a child is a child protection client if the child is the subject of a
        report under section 28, 33(2), 183 or 184 of the
        Children, Youth and Families Act 2005; and



   (b)  a child ceases to be a child protection client when the Secretary
        records in the central register that the child's case is closed.

(6) Nothing in this Division is intended to limit or affect any power or
function of a coroner or a member of the police force to investigate the death
of a child.