Victorian Consolidated Legislation

Disability Act 2006 - SECT 234

Children, Youth and Families Act 2005

234. Children, Youth and Families Act 2005



(1) In section 3(1) of the Children, Youth and Families Act 2005, in paragraph
(l) of the definition of "information holder" for "who is an eligible person
within the meaning of the Intellectually Disabled Persons' Services Act 1986
or the Disability Services Act 1991" substitute "with a disability within the
meaning of the Disability Act 2006".

(2) In section 3(1) of the Children, Youth and Families Act 2005, in paragraph
(d) of the definition of "service agency" for "who is an eligible person
within the meaning of the Intellectually Disabled Persons' Services Act 1986
or the Disability Services Act 1991" substitute "with a disability within the
meaning of the Disability Act 2006".

(3) In section 134 of the Children, Youth and Families Act 2005, for paragraph
(c) of the definition of "service provider" substitute-



"(c) a disability service provider within the meaning of the Disability Act
2006;".

(4) In section 144 of the Children, Youth and Families Act 2005, for
paragraphs (c) and (d) substitute-



"(c) been in the care of a residential service within the meaning of the
Disability Act 2006.".

(5) In section 147 of the Children, Youth and Families Act 2005, for
paragraphs (c) and (d) substitute-



"(c) a disability service provider within the meaning of the Disability Act
2006.".

(6) For section 381(4)(g) of the Children, Youth and Families Act 2005
substitute-



"(g) if a pre-sentence report-

   (i)  includes a statement from the Secretary that the person has an
        intellectual disability within the meaning of the Disability Act 2006;
        and

   (ii) specifies that the person participate in disability services available
        under that Act as directed by the Secretary; or".

(7) For section 571(4) of the Children, Youth and Families Act 2005
substitute-



"(4) If the Secretary has issued a statement in respect of the child that the
child has an intellectual disability within the meaning of the Disability Act
2006, a pre-sentence report prepared in accordance with an order under
subsection (3) must-

   (a)  include a copy of the statement; and

   (b)  specify disability services which are-

   (i)  available under that Act and appropriate for the child; and

   (ii) designed to reduce the likelihood of the child committing further
        offences.".