Child Wellbeing and Safety Act 2005 (Vic)

Version No. 044

Child Wellbeing and Safety Act 2005

No. 83 of 2005

Version incorporating amendments as at

1 July 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AMeaning of worker and volunteer worker

Part 2—Principles for children

4Principles are for guidance

5Principles for children

5APrinciples for compliance with Child Safe Standards

Part 3—Child wellbeing and safety

6The role of the Minister

7Role of the Secretary in relation to Aboriginal communities

Part 4—Victorian Children's Council

8Establishment of Victorian Children's Council

9Constitution of Council

10Functions of the Council

11Sub-committees

12Procedure of the Council

Part 5—Children's Services Co‑ordination Board

13Establishment of Children's Services Co-ordination Board

14Constitution of Board

15Functions of the Board

16Procedure of the Board

Part 5A—Reportable conduct scheme

16ADefinition

16BPrinciples

16CApplication of reportable conduct scheme

16DAdministration, oversight and monitoring of scheme

16EAvoiding unnecessary duplication

16FObjectives of Commission under this Part and Part 5B

16GFunctions of Commission under this Part and Part 5B

16HPowers of the Commission

16IExemption by Commission

16JExemption from whole of scheme

16KHead of entity to have systems in place

16LDisclosure to Commission of reportable allegation

16MHead of entity to notify Commission of reportable allegation

16NHead of entity to respond to reportable allegation

16OCommission may investigate reportable allegation

16PCommission may visit entity

16QCommission may interview employee

16RCommission may interview child

16SCommission may interview employee subject of reportable allegation

16TCommission may obtain information from Victoria Police

16UVictoria Police investigation has priority

16UACommission must notify Social Services Regulator of certain information

16VCommission may request regulator to investigate or provide information and documents

16WCommission may monitor regulator's investigation

16XRegulator may disclose information or documents to Commission

16YDisclosure of information or documents

16ZProtection against self-incrimination

16ZAAssistance to be provided

16ZBDisclosure of information about investigations to children, parents and carers

16ZCDisclosure of information to the Commission, the head of an entity, a regulator, Victoria Police and others

16ZDCommission to notify Secretary after finding of reportable conduct

16ZEProhibition on publishing certain information

16ZFFalse or misleading information

16ZGNotice to produce

16ZHApplication for declaration and order that entity pay a civil penalty

16ZIInternal review

16ZJReview by VCAT

16ZJADelegation

16ZKService of documents

16ZKAPower to bring a proceeding

16ZKBTime for commencing proceeding for offence against section 16M(4)

16ZLAnnual reports and other reports

16ZMGiving a report to Parliament

16ZNReview of reportable conduct scheme after 5 years of operation

Part 5B—Enforcement and monitoring of compliance with section 16M

Division 1—Reportable conduct authorised officers

16ZOAppointment of reportable conduct authorised officer

16ZPIdentity card for reportable conduct authorised officer

16ZQProduction of identity card

Division 2—Powers of entry and inspection

16ZRPowers of reportable conduct authorised officers to enter premises

16ZSNotice required for entry with consent

16ZTPowers after entry and consent

16ZUAcknowledgement of document or thing seized during entry with consent

16ZVApplication for warrant

16ZWEntry under warrant

16ZXPowers after entry under warrant

16ZYFailure to provide assistance

16ZZPowers after entry without consent or warrant

16ZZAAcknowledgment of seizure during entry without consent

16ZZBFailure to provide assistance

16ZZCProtection against self-incrimination

16ZZDReportable conduct authorised officer may interview child

16ZZEAffidavits

16ZZFSeizure of documents and things

16ZZGDestruction of seized document or thing

16ZZHOffence to obstruct or impersonate reportable conduct authorised officer

Division 3—Notices to produce and notices to comply

16ZZINotice to produce

16ZZJReportable conduct notice to comply

16ZZKFailure to comply with notice to produce or reportable conduct notice to comply

16ZZLApplication for a declaration and order to pay a civil penalty

16ZZMInfringement notices

16ZZNPending criminal or civil proceedings

16ZZOPower to bring a proceeding

16ZZPInternal review of decisions to issue notices under this Part

16ZZQReview by VCAT of decision to give notice to comply

16ZZRComplaints

Part 6—Child Safe Standards

Division 1—Child Safe Standards

17Minister may make Child Safe Standards

19Schedule 1 entities must comply with Child Safe Standards

20Prescribed applicable entity must comply with Child Safe Standards

21Applicable entity belonging to a prescribed class must comply with Child Safe Standards

22Exemption from requirement to comply with Child Safe Standards

23Application of Child Safe Standards to businesses not carried on by certain entities

23ACompliance with Child Safe Standards generally

Division 2—The Commission

24Objectives of Commission

25Functions and powers of the Commission

25AGuidance notes on Child Safe Standards

Division 2A—Sector regulators and integrated sector regulators

25BSector regulators

25CMultiple sector regulators or integrated sector regulators

25DFunctions and powers of sector regulators

25EDelegation by certain sector regulators

25FIntegrated sector regulators

25GFunctions and powers of integrated sector regulators

25HDelegation by certain integrated sector regulators

Division 3—Monitoring and enforcement of compliance with the Child Safe Standards

26Sector regulator may authorise persons to assist

27Appointment of authorised officers

28Identity cards

29Production of identity card

29APowers of authorised officers to enter premises

29BNotice required for entry with consent

29CPowers after entry and consent

29DAcknowledgement of document or thing seized during entry with consent

29EApplication for warrant

29FEntry under warrant

29GPowers after entry under warrant

29HFailure to provide assistance

29IPowers after entry without consent or warrant

29JAcknowledgment of seizure during entry without consent

29KFailure to provide assistance

29LAuthorised officer may interview child

29MAffidavits

29NSeizure of documents and things

29ODestruction of seized document or thing

29POffence to obstruct authorised officer

29QOffence to impersonate authorised officer

29RComplaints

29SPower to bring proceedings

30Notice to produce

31Notice to comply

32False or misleading information

32ACriminal liability of officers of relevant entities—failure to exercise due diligence

32BImmunity

32CNomination of proper defendant

33Application to court

34Civil penalty

34AInjunctions

34BInterim injunctions

34CAdverse publicity orders

34DOffence to fail to comply with notice to produce or notice to comply

34EPending criminal or civil proceedings

35Reasonable excuse

36Assistance to be provided

36AOfficial warnings

36BInfringement notices

36CEnforceable undertakings

36DSector regulators must maintain register of undertakings

36ENo proceedings while enforceable undertaking in force

36FProceedings following withdrawal of enforceable undertaking

36GNo further proceedings if enforceable undertaking complied with

36HEnforcement of undertakings

36ISector regulator may publish details of non-compliance

39Service of documents under Part 6

Division 4—Information collection, use and disclosure powers of Commission, sector regulators and integrated sector regulators

40Definitions

40ARequest by relevant person for information or documents

40BNotice of use of information or document

41Matters relevant to disclosures of information or documents

41ADisclosures made in good faith

41BDisclosure for purposes of functions or powers permitted

41BADisclosure to certain individuals permitted

41CDisclosure by relevant person of protected information to another relevant person

41DDisclosure to report concerns permitted

41EDisclosure to protect child permitted

41FDisclosure to court or tribunal permitted

41GDisclosure to obtain legal advice permitted

41HDisclosing information to other authorities

41HADisclosure of protected information by relevant persons prohibited

Division 5—Review

41IInternal review

41JApplication to the Victorian Civil and Administrative Tribunal

Division 6—Reporting

41KReport of compliance by relevant entities with Child Safe Standards

41KACommission may request information for reports

41LMatters to be included in annual report must not include identifying information

41MOpportunity to respond to adverse comment or opinion in report

Division 7—Reporting to Parliament

41NApplication of Division

41OGiving the report to Parliament

Part 6A—Information sharing

Division 1—Preliminary

41PDefinitions

41QMeaning of excluded information

41RMeaning of information sharing entity

41SMeaning of restricted information sharing entity

41TApplication of this Part to courts and tribunals

41UPrinciples

Division 2—Information sharing

41VVoluntary disclosure for wellbeing or safety of children

41WRequest for confidential information for wellbeing or safety of children

41XFurther disclosure of confidential information

41YVoluntary disclosure to child or person with parental responsibility or with whom child is living

41ZCollection and use of confidential information

Division 3—Guidelines, protected disclosures and recording requirements

41ZAGuidelines

41ZBUse and disclosure in good faith protected

41ZCRecording requirements

Division 4—Relationship of this Part with other Acts

41ZDInformation sharing entities under the Family Violence Protection Act 2008

41ZEPart does not affect handling of confidential information permitted by other Acts

41ZFRestrictions on access to confidential information

41ZGApplication of Privacy and Data Protection Act 2014 to certain information sharing entities and restricted information sharing entities

41ZHInformation sharing entities and restricted information sharing entities authorised to disclose confidential information despite specified provisions

41ZIDisclosure of confidential information is not breach of Family Violence Protection Act 2008

41ZJDisclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958

Division 5—Offences

41ZKUnauthorised use and disclosure of confidential information collected under this Part

41ZLIntentional or reckless unauthorised use and disclosure of confidential information

41ZMFalse claim that person is or represents an information sharing entity or a restricted information sharing entity

Division 6—Review

41ZNReview of operation of Part within 2 years

41ZOReview of operation of Part within 5 years

Part 7—Birth notification

42Application of Part

43Early notification of births

44How must the birth notice be given?

45What must be done once notice is received?

46Offence to fail to give notice

Part 7A—Child Link Register

Division 1—Definitions

46ADefinitions

Division 2—The Child Link Register

46BThe Child Link Register

46CSecretary must create Child Link entry and allocate Child Link identifier

46DParticulars to be included in the Register

46ESecretary may decide not to record information on the Register

46FEntry in the Register for child who turns 18, leaves school or dies

Division 3—Secretary authorised to collect, use and disclose information for Register purposes

46GSecretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register

46HSecretary authorised to collect and use information for purposes of data management

46IDisclosure of information to the Secretary

46JNo consent required

Division 4—Access to Child Link Register and use and disclosure of information contained in the Register

46KWho is a Child Link user?

46LDelegation

46MChild Link users may access and use confidential information in the Register

46NSecretary may remove Child Link user access to the Register

46OUse and disclosure of de-identified information derived from the Register

46PRestrictions on access to confidential information

46QPerson authorised to disclose confidential information despite specified provisions

46RApplication of Privacy and Data Protection Act 2014 to certain Child Link users

Division 5—Guidelines

46SGuidelines

Division 6—Offences

46TUnauthorised access to the Register

46UAccess to the Register for unauthorised purpose

46VUnauthorised use and disclosure of confidential information contained in the Register

46WIntentional or reckless unauthorised use and disclosure of confidential information contained in the Register

Division 7—Review of operation of Part

46XReview of operation of Part within 2 years

Division 8—Transitional provisions

46YSecretary may create entries in the Register

46ZAppointed days for application of section 46M and Schedule 6 to Child Link users

Part 7B—Qualifications required for maternal and child health nurses

46ZAAMaternal and Child Health Centres

46ZABState-wide telephone services

46ZACPart not to affect employment contracts or workplace instruments

Part 8—General

Division 1—Offences by bodies corporate

46ZAImputing conduct to bodies corporate

46ZBCriminal liability of officers of bodies corporate—accessorial liability

Division 2—Regulations

46ZCInformation sharing and Child Link regulation making power

46ZDMaternal and child health nurse regulation making power

46ZEChild Safe Standards regulation making power

47General regulation making power

Part 9—Transitional provisions

Division 1—Children Legislation Amendment (Reportable Conduct) Act 2017

48Children Legislation Amendment (Reportable Conduct) Act 2017

Division 2—Children Legislation Amendment (Information Sharing) Act 2018

49Children Legislation Amendment (Information Sharing) Act 2018

Division 3—Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021

50Definitions

51Pending investigations

52Investigation of conduct before commencement day

Division 4—Transitional provisions—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023

53Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023

54Transitional regulations—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023

Schedule 1—Entities subject to Child Safe Standards

Schedule 3—Entities to which the reportable conduct scheme applies on and after commencement of Part 5A

Schedule 4—Entities to which the reportable conduct scheme applies 6 months after commencement of Part 5A

Schedule 5—Entities to which the reportable conduct scheme applies 18 months after commencement of Part 5A

Schedule 6—Child Link users and purposes of access, use and disclosure

Schedule 7—Specified provisions

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 044

Child Wellbeing and Safety Act 2005

No. 83 of 2005

Version incorporating amendments as at

1 July 2024

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to establish principles for the wellbeing of children; and

(b)to establish the Victorian Children's Council; and

(c)to establish the Children's Services Co‑ordination Board; and

(d)to provide for the Minister to make standards in relation to child safety with which certain entities must comply; and

(da)to provide for sector regulators and integrated sector regulators; and

(e)to provide for the oversight and enforcement by the Commission for Children and Young People, sector regulators and integrated sector regulators of compliance by certain entities with standards in relation to child safety; and

(ea)to enable specified entities to share confidential information in a timely and effective manner in order to promote the wellbeing and safety of children; and

(f)to provide for the notification of births to municipal councils; and

(fa)to provide for a scheme for the reporting to the Commission for Children and Young People of allegations of reportable conduct or misconduct that may involve reportable conduct committed by employees within or connected to certain entities, the oversight by the Commission of investigations of those allegations and the administration of the scheme by the Commission; and

(fb)to establish the Child Link Register to improve child wellbeing and safety outcomes for, and to monitor and support the participation in government-funded programs and services by, children born or resident in Victoria; and

(g)to repeal Part IX of the Health Act 1958.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 October 2007, it comes into operation on that day.

3Definitions

(1)In this Act—

applicable entity means—

(a)an incorporated body or association; or

(b)an unincorporated body or association (however structured); or

(c)an individual who—

(i)carries on a business; and

(ii)engages contractors, employees or volunteers to assist the business in providing services or facilities or in producing or providing goods;

authorised officer means a person appointed to be an authorised officer under section 27;

authorised person means—

(a)an authorised person within the meaning of the Commission for Children and Young People Act 2012; or

(b)a person authorised under section 26;

authorised representative, in relation to an individual, means a person—

(a)who is an authorised representative, within the meaning of section 28(6) of the Privacy and Data Protection Act 2014, of that individual; and

(b)who is not a person of concern within the meaning of section 144B of the Family Violence Protection Act 2008; and

(c)who is not alleged to pose a risk of family violence;

authorising Act, in relation to an integrated sector regulator, means—

(a)the Act under which the integrated sector regulator is established or continued; or

(b)an Act prescribed for that integrated sector regulator;

*                *                *                *                *

*                *                *                *                *

category of entity means—

(a)an item in Schedule 1; or

(b)any other category (however described) of relevant entity in relation to which a sector regulator—

(i)is prescribed; or

(ii)is allocated under Part 6;

*                *                *                *                *

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means (other than in Part 6A) a child or young person who is under the age of 18 years;

child abuse includes—

(a)any act committed against a child involving—

(i)a sexual offence; or

(ii)an offence under section 49M(1) of the Crimes Act 1958; and

(b)the infliction, on a child, of—

(i)physical violence; or

(ii)serious emotional or psychological harm; and

(c)the serious neglect of a child;

Child Safe Standards means the standards made under section 17(1);

*                *                *                *                *

Commission means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

confidential information means—

(a)health information; or

(b)personal information; or

(c)sensitive information within the meaning set out in Schedule 1 to the Privacy and Data Protection Act 2014; or

(d)unique identifiers; or

(e)identifiers within the meaning of the Health Records Act 2001;

council has the same meaning as it has in the Local Government Act 2020;

court means (other than in Parts 6A and 7A) the Magistrates' Court;

Department has the same meaning as it has in the Public Administration Act 2004;

employee, in relation to an entity to which the reportable conduct scheme applies, means a person of or over the age of 18 years who is—

(a)employed by the entity, whether or not the person is employed in connection with any work or activities of the entity that relate to children; or

(b)engaged by the entity to provide services, including as a volunteer, contractor, office holder or officer, whether or not the person provides services to children; or

(ba)a person who—

(i)is supplied to the entity by a provider for whom the person is a worker or volunteer worker; and

(ii)performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or

Examples

1.A relief teacher in a school.

2.An agency nurse working in a hospital.

(bb)a secondee to the entity who performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or

(bc)if the entity is an applicable entity who is an individual, the individual; or

(bd)engaged by the entity through another body of which the person is a director or other office holder, whether or not the person provides services to children; or

Example

A sole director of a company that has entered into a contract for services with the entity, provided that the director performs work for the entity.

(c)if the entity is a religious body (within the meaning of section 81 of the Equal Opportunity Act 2010)—a minister of religion, a religious leader or an employee (within the meaning of paragraph (a) or (b)) or officer of the religious body; or

(d)either—

(i)a foster carer approved by the provider of an out of home care service with whom a child is or has been placed in accordance with the Children, Youth and Families Act 2005 or an order made under that Act; or

(ii)a family member or other person of significance to a child with whom the child is or has been placed in out of home care, or who is supervised in that care, by the entity, or the head of the entity, under the Children, Youth and Families Act 2005 or in accordance with an order made under that Act—

and—

(iii)a permanent care order has not been made in respect of the child; or

(iv)a permanent care order has been made in respect of the child and a reportable allegation in relation to the child is made concerning the permanent carer in respect of the period before the making of the order; or

(e)a person in a prescribed class of person—

but does not include a person in a class of person prescribed not to be an employee;

entity to which the reportable conduct scheme applies means—

(a)on and after the commencement of Part 5A, an entity referred to in Schedule 3; and

(b)on and after 6 months after the commencement of Part 5A, an entity referred to in Schedule 4; and

(c)on and after 18 months after the commencement of Part 5A, an entity referred to in Schedule 5; and

(d)on and after a prescribed date in relation to that entity or class of entities, a prescribed entity or an entity belonging to a prescribed class of entities;

family violence has the same meaning as in the Family Violence Protection Act 2008;

guardian includes—

(a)a guardian within the meaning of the Guardianship and Administration Act 2019; or

(b)in the case of a child, a person with parental responsibility for the child;

head, in relation to an entity to which the reportable conduct scheme applies, means—

(a)if the entity is a Department, the Secretary to the Department or the delegate of the Secretary; or

(b)if the regulations prescribe a person or a class of persons as the head of an entity, the prescribed person or a person belonging to the prescribed class of persons; or

(c)in any other case—

(i)the chief executive officer of the entity (however described); or

(ii)if there is no chief executive officer, the principal officer of the entity (however described); or

(iii)if there is no chief executive officer or principal officer, a person, or the holder of a position, in the entity nominated by the entity and approved by the Commission;

head of a relevant entity means—

(a)an individual who is primarily responsible for—

(i)engaging and terminating the engagement of the relevant entity's employees; and

(ii)managing the relevant entity's employees; or

(b)a person nominated by the relevant entity; or

(c)a person or class of person prescribed to be a head of a relevant entity;

health information has the same meaning as in section 3(1) of the Health Records Act 2001;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

independent investigator means an independent body or person with appropriate qualifications, training or experience to investigate reportable allegations;

information sharing entity has the meaning set out in section 41R;

integrated sector regulator has the meaning set out in section 25F;

Maternal and Child Health Centre means a centre where health advice is given to the parents and other caregivers of children under 6 years of age;

*                *                *                *                *

midwife means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b)in the register of midwives kept for that profession;

municipal district has the same meaning as it has in the Local Government Act 2020;

notice to comply, in Part 6, means a notice given to a relevant entity under section 31;

notice to produce, in Part 5A, means a notice given to an entity under section 16ZG;

notice to produce, in Part 5B, means a notice given to a person under section 16ZZI;

notice to produce, in Part 6, means a notice given to a relevant entity under section 30;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

occupier in relation to any premises or place, includes a person present at the premises or place who is in apparent control of the premises or place;

*                *                *                *                *

*                *                *                *                *

permanent care order

has the same meaning

as in the Children, Youth and Families Act 2005;

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

*                *                *                *                *

provider, in relation to a worker or volunteer worker, means a person who, in the course of conducting a business or undertaking, supplies one or more individuals to another person to perform work in and as part of the business or undertaking of the other person;

*                *                *                *                *

public sector body has the same meaning as in the Public Administration Act 2004;

public sector body Head has the same meaning as it has in the Public Administration Act 2004;

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

regulator, for the purposes of the reportable conduct scheme—

(a)in relation to an entity to which the reportable conduct scheme applies, means any of the following—

(i)a Department that is responsible for regulating the entity;

(ii)a Department that provides funding to the entity;

(iii)the Victorian Registration and Qualifications Authority established under section 4.2.1 of the Education and Training Reform Act 2006 if the entity is referred to in item 1, 2, 3 or 4 of Schedule 3;

(iv)any other body—

(A)that regulates or funds the entity; and

(B)that is prescribed to be a regulator in respect of the entity;

(b)in relation to an employee, means any of the following, as the case requires—

(i)the Suitability Panel established by section 98 of the Children, Youth and Families Act 2005;

(ii)the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;

(iii)a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law;

(iv)the Victorian Institute of Teaching continued in operation by section 2.6.2 of the Education and Training Reform Act 2006;

(iva)the Social Services Regulator;

(v)any other body that is prescribed to be a regulator in respect of the employee;

Regulatory Authority—

(a)in relation to a relevant entity referred to in item 9 of Schedule 1, means the Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria); and

Note

Section 8 of the Education and Care Services National Law Act 2010 defines the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria).

(b)in relation to a relevant entity referred to in item 10 of Schedule 1, has the same meaning as in section 3(1) of the Children's Services Act 1996;

*                *                *                *                *

relevant entity means—

(a)an entity that is required under section 19, 20 or 21 to comply with the Child Safe Standards; or

(b)an individual who is required under section 23 to comply with the Child Safe Standards;

reportable allegation means any information that leads a person to form a reasonable belief that an employee has committed—

(a)reportable conduct; or

(b)misconduct that may involve reportable conduct—

whether or not the conduct or misconduct is alleged to have occurred within the course of the person's employment;

reportable conduct means—

(a)a sexual offence committed against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded; or

(b)sexual misconduct, committed against, with or in the presence of, a child; or

(c)physical violence committed against, with or in the presence of, a child; or

(d)any behaviour that causes significant emotional or psychological harm to a child; or

(e)significant neglect of a child;

reportable conduct authorised officer means a reportable conduct authorised officer appointed under section 16ZO;

reportable conduct notice to comply means a notice given under section 16ZZJ;

reportable conduct scheme means the scheme set out in Part 5A;

restricted information sharing entity has the meaning set out in section 41S;

secondee, in relation to an entity to which the reportable conduct scheme applies, means an individual who—

(a)has been provided to the entity by a person to perform work in and as part of the business or undertaking of the entity on a temporary basis for a secondment period; and

(b)is engaged as an employee of the person;

*                *                *                *                *

sector regulator has the meaning set out in section 25B;

sexual misconduct includes behaviour, physical contact or speech or other communication of a sexual nature, inappropriate touching, grooming behaviour and voyeurism;

sexual offence means an offence referred to in clause 1 of Schedule 1 to the Sentencing Act 1991;

significant, in relation to emotional or psychological harm or neglect, means that the harm or neglect is more than trivial or insignificant, but need not be as high as serious and need not have a lasting permanent effect;

Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;

State contract has the same meaning as it has in the Commission for Children and Young People Act 2012;

statutory office has the same meaning as in the Public Administration Act 2004;

unique identifier has the same meaning as in Schedule 1 to the Privacy and Data Protection Act 2014;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

volunteer worker has the meaning given in section 3A(3);

VRQA means the Victorian Registration and Qualifications Authority established under Chapter 4 of the Education and Training Reform Act 2006;

*                *                *                *                *

worker has the meaning given in section 3A(1);

*                *                *                *                *

WWC check has the same meaning as in the Worker Screening Act 2020.

(2)A reference in this Act to the provision of a service or facility or the production or provision of goods by a relevant entity or applicable entity is, in relation to an individual who carries on a business, a reference to the provision of the service or facility or the production or provision of goods by the business.

3AMeaning of worker and volunteer worker

(1)For the purposes of the reportable conduct scheme, an individual is a worker for a provider if—

(a)under an arrangement between the individual and the provider, the provider supplies or may supply the individual to one or more persons to perform work; and

(b)the provider is obliged to pay the individual (in whole or in part) for the performance of that work by the individual, whether payment is provided directly or indirectly, or through one or more intermediaries.

(2)Without limiting subsection (1), an individual may be a worker for a provider whether or not—

(a)the individual is employed by the provider; or

(b)a contract has been entered into between the individual and the provider; or

(c)the individual is an apprentice or is under a training contract, both within the meaning of the Education and Training Reform Act 2006.

(3)For the purposes of the reportable conduct scheme, an individual is a volunteer worker for a provider if under an arrangement between the individual and the provider, the provider supplies or may supply the individual to one or more persons to perform work on a voluntary basis.

PART 2—PRINCIPLES FOR CHILDREN

4Principles are for guidance

(1)It is the intention of Parliament that the principles set out in this Part should be used for guidance in the development and provision of Government, Government-funded and community services for children and their families.

(2)The Parliament does not intend by this Part—

(a)to create in any person any legal right or give rise to any civil cause of action; or

(b)to affect in any way the interpretation of any Act or law in force in Victoria.

5Principles for children

(1)The development and provision of services for children and families should be based upon the fundamental principles that—

(a)society as a whole shares responsibility for promoting the wellbeing and safety of children;

(b)all children should be given the opportunity to reach their full potential and participate in society irrespective of their family circumstances and background;

(c)those who develop and provide services, as well as parents, should give the highest priority to the promotion and protection of a child's safety, health, development, education and wellbeing;

(d)parents are the primary nurturers of a child and Government intervention into family life should be limited to that necessary to secure the child's safety and wellbeing, however, it is the responsibility of Government to meet the needs of the child when the child's family is unable to provide adequate care and protection;

(e)every child should be able to enrol in a kindergarten program at an early childhood education and care centre.

(2)Services for children and families should be designed and developed—

(a)to readily identify risks, harm and damage to the child and to provide for the earliest possible intervention by providers of services to remove or ameliorate the causes of the risks, harm or damage;

(ab)to strengthen the capacity and efforts of parents, their families and communities to support the child as early as possible in the child's life;

(b)to accord with the needs of each local community with the active involvement of that community's cultural groups, and to be accessible and responsive to the particular cultures, languages and circumstances of the community and to be properly planned and co‑ordinated with services provided by other local and regional communities;

(c)to give the highest priority to making appropriate and sufficient levels of assistance available to children and families in communities or population groups that are known to have the greatest need;

(d)to promote continuous improvement in the quality of those services, based on the best available knowledge of the needs of children and their stages of development.

(3)The providers of services to children and families should—

(a)protect the rights of children and families and, to the greatest extent possible, encourage their participation in any decision-making that affects their lives;

(b)acknowledge and be respectful of the child's individual identity, circumstances and cultural identity and be responsive to the particular needs of the child;

(c)make decisions about intervention by the providers of services into a child's or family's life and about access by a child or family to those services in a timely manner being mindful of any harmful effects that may be caused to the child by a delay in making decisions or providing services;

(d)ensure that families are made aware of the services available to them and of the benefits these services can provide, especially to those families in most need of assistance;

(e)co-operate with other services or professionals to work in the interests of the child and family.

5APrinciples for compliance with Child Safe Standards

(1)The oversight and enforcement by the Commission, sector regulators and integrated sector regulators of compliance by relevant entities with the Child Safe Standards should be based on the fundamental principles that—

(a)relevant entities are responsible, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, for continuously improving the ways in which, in their operations—

(i)the safety of children is promoted; and

(ii)child abuse is prevented; and

(iii)allegations of child abuse are properly responded to; and

(b)sector regulators and integrated sector regulators of relevant entities have specific knowledge of the relevant entities that they regulate and have the primary role in promoting, monitoring and enforcing compliance by those relevant entities with the Child Safe Standards; and

(c)having regard to paragraph (b), the Commission, sector regulators and integrated sector regulators should collaborate with each other for the purpose of promoting compliance by relevant entities with the Child Safe Standards.

(2)The Commission should educate and guide—

(a)sector regulators and integrated sector regulators to promote compliance by relevant entities with the Child Safe Standards; and

(b)relevant entities, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, to continuously improve the ways in which, in their operations—

(i)the safety of children is promoted; and

(ii)child abuse is prevented; and

(iii)allegations of child abuse are properly responded to.

PART 3—CHILD WELLBEING AND SAFETY

6The role of the Minister

(1)The Minister must promote the co-ordination of Government programs that affect child wellbeing and safety.

(2)The Minister may establish any advisory committee that the Minister considers appropriate to assist the Minister in the administration of this Act.

7Role of the Secretary in relation to Aboriginal communities

The Secretary to the Department of Health and Human Services must work with Aboriginal communities to establish a Victorian Aboriginal Child Wellbeing Charter.

PART 4—VICTORIAN CHILDREN'S COUNCIL

8Establishment of Victorian Children's Council

The Victorian Children's Council is established.

9Constitution of Council

(1)The Victorian Children's Council consists of at least 8 members appointed by the Minister.

(2)The Minister must appoint one of the members to be the Chairperson.

(3)A person appointed under subsection (1) must be a person who, in the opinion of the Minister, has expert knowledge of policies and services that enhance the health, wellbeing, development or safety of children.

(4)A member—

(a)holds office for such period not exceeding three years, as is specified in the instrument of appointment and is eligible for re‑appointment;

(b)is entitled to the remuneration and allowances determined by the Minister from time to time;

(c)may resign from the office of member by writing to the Minister;

(d)may be removed from office by the Minister;

(e)is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act).

10Functions of the Council

(1)The functions of the Council are to provide the Premier and the Minister with independent and expert advice relating to policies and services that enhance the health, wellbeing, development and safety of children.

(2)The Secretary must make available to the Council the services of any employees in the Department that are necessary to enable the Council to carry out its functions.

11Sub-committees

(1)The Council, subject to the approval of the Minister, may appoint for the purposes of carrying out any of its functions under this Part a sub-committee consisting of such members as it determines together with such other persons as it determines.

(2)A sub-committee appointed under this section must report to the Council.

12Procedure of the Council

(1)A majority of members for the time being of the Victorian Children's Council constitutes a quorum of that Council.

(2)The Victorian Children's Council may regulate its own proceedings.

PART 5—CHILDREN'S SERVICES CO‑ORDINATION BOARD

13Establishment of Children's Services Co-ordination Board

The Children's Services Co-ordination Board is established.

14Constitution of Board

The Children's Services Co-ordination Board consists of—

(a)the Secretary to the Department of Premier and Cabinet; and

(b)the Secretary to the Department of Treasury and Finance; and

(c)the Secretary to the Department of Health and Human Services; and

(d)the Secretary to the Department of Education and Training; and

(e)the Secretary to the Department of Justice and Community Safety; and

*                *                *                *                *

(g)the Chief Commissioner of Police.

15Functions of the Board

The functions of the Children's Services Co‑ordination Board are—

(a)to review annually and report to the Minister on the outcomes of Government actions in relation to children, particularly the most vulnerable children in the community; and

(b)to monitor administrative arrangements to support co-ordination of Government actions relating to children at local and regional levels.

16Procedure of the Board

(1)A majority of the members for the time being of the Children's Services Co-ordination Board constitutes a quorum of that Board.

(2)The Children's Services Co-ordination Board may regulate its own proceedings.

PART 5A—REPORTABLE CONDUCTSCHEME

16ADefinition

In this Part and Part 5B—

entity means an entity to which the reportable conduct scheme applies.

16BPrinciples

(1)The reportable conduct scheme is based on the fundamental principles that—

(a)the protection of children is the paramount consideration in the context of child abuse or employee misconduct involving a child;

(b)criminal conduct or suspected criminal conduct should be reported to the police;

(c)a police investigation into the subject matter of a reportable allegation has priority and, unless the investigation may otherwise be conducted under any other Act, an investigation under the reportable conduct scheme must be suspended or must not be commenced until the police advise or agree that it may proceed;

(d)the Commission and others involved in the reportable conduct scheme should work in collaboration to ensure the fair, effective and timely investigation of reportable allegations;

(e)employees who are the subject of reportable allegations are entitled to receive natural justice in investigations into their conduct;

(f)regulators have specific knowledge of the roles of the entities or the professional responsibilities of the employees they regulate and, if their functions permit, play an important role in the investigation of reportable allegations;

(g)information should be shared during and after the conclusion of an investigation into a reportable allegation;

(h)after the conclusion of an investigation into a reportable allegation, the Commission may share information with the Department of Justice and Community Safety for the purpose of a WWC check.

(2)The Commission should educate and guide—

(a)entities in order to improve their ability to identify reportable conduct and to report and investigate reportable allegations; and

(b)regulators in order to promote compliance by entities with the reportable conduct scheme.

16CApplication of reportable conduct scheme

The reportable conduct scheme does not apply to an entity that does not exercise care, supervision or authority over children, whether as part of its primary functions or otherwise.

16DAdministration, oversight and monitoring of scheme

The Commission is responsible for administering, overseeing and monitoring the reportable conduct scheme.

16EAvoiding unnecessary duplication

The Commission must liaise with regulators—

(a)to avoid unnecessary duplication in the oversight of the investigation of reportable allegations; and

(b)to share information and provide advice and guidance about the protection of children.

16FObjectives of Commission under this Part and Part 5B

Without limiting any other provision, the objectives of the Commission under this Part and Part 5B are—

(a)to improve the ability of entities to identify reportable conduct and to report and investigate reportable allegations; and

(b)to ensure that reportable allegations are properly investigated; and

(c)to protect children by working with entities, regulators and other relevant bodies to prevent reportable conduct from occurring in entities; and

(d)to share information with the Secretary to the Department of Justice and Community Safety for the purpose of WWC checks.

16GFunctions of Commission under this Part and Part 5B

The Commission has the following functions in relation to the reportable conduct scheme—

(a)to educate and provide advice to entities in order to assist them to identify reportable conduct and to report and investigate reportable allegations;

(b)to educate and provide advice to regulators to promote compliance by entities with the reportable conduct scheme;

(c)to oversee the investigation of reportable allegations;

(d)to investigate reportable allegations if—

(i)it considers it to be in the public interest to do so; or

(ii)an entity or regulator will not, or is unable to, investigate or engage an independent person or body to investigate;

(e)if it considers it to be in the public interest to do so, to investigate whether reportable allegations have been inappropriately handled or responded to by an entity or a regulator;

(f)to make recommendations to entities to address the findings of investigations referred to in paragraph (d) or (e);

(g)to exchange information (including the findings of investigations into reportable allegations and the reasons for those findings) with Victoria Police, regulators, entities and the Secretary to the Department of Justice and Community Safety;

(h)to monitor the compliance of entities with the reportable conduct scheme;

(ha)in relation to section 16M—

(i)to monitor and enforce compliance with section 16M(1) by the head of an entity; and

(ii)to investigate contraventions of section 16M(4);

(i)to report to the Minister and to Parliament on trends in the reporting and investigation of reportable allegations and the results of those investigations;

(j)to perform any other function conferred on the Commission under this Part or Part 5B.

16HPowers of the Commission

The Commission has all the powers that are necessary or convenient to perform its functions under this Part and Part 5B.

16IExemption by Commission

(1)The Commission, in accordance with the regulations, if any, may exempt the head of an entity or a class of entities from—

(a)the requirements of section 16M in respect of a class or kind of conduct; or

(b)the requirement under section 16M(1)(b) to provide information to the Commission in respect of a class or kind of conduct.

(2)The Commission may give an exemption under subsection (1) if the Commission considers that—

(a)the entity is competent to investigate, without the oversight of the Commission, a reportable allegation in respect of the class or kind of conduct to which the exemption relates; and

(b)the entity has demonstrated competence in responding to reportable allegations in respect of that class or kind of conduct.

(3)The Commission must—

(a)notify the entity concerned of an exemption under subsection (1); and

(b)publish the exemption on the Commission's website.

(4)The head of an entity exempted under subsection (1)(b), or a regulator of the entity, that conducts an investigation into conduct of a class or kind exempted under subsection (1)(b) must inform the Commission of the findings, the reasons for the findings and the action taken in response to those findings as soon as practicable after the conclusion of the investigation or within a period agreed with the Commission.

16JExemption from whole of scheme

(1)The regulations may prescribe an entity or a class of entities to be exempt from the reportable conduct scheme.

(2)The regulations may prescribe a part of an entity, or a part of a class of entities, to be exempt from the reportable conduct scheme.

16KHead of entity to have systems in place

(1)The head of an entity must ensure that the entity has in place—

(a)a system for preventing the commission of reportable conduct by an employee of the entity within the course of the person's employment; and

(b)a system for enabling any person, including an employee of the entity, to notify the head of the entity of a reportable allegation of which the person becomes aware; and

(c)a system for enabling any person, including an employee of the entity, to notify the Commission of a reportable allegation involving the head of the entity of which the person becomes aware; and

(d)a system for investigating and responding to a reportable allegation against an employee of the entity.

(2)If requested in writing by the Commission, an entity must provide to the Commission any information about a system referred to in subsection (1).

(3)The Commission, after consulting with the relevant regulator, may make recommendations for action to be taken by an entity and may provide the entity with any necessary information relating to the recommendations if a reasonable concern with a system referred to in subsection (1) is identified.

16LDisclosure to Commission of reportable allegation

Any person may disclose a reportable allegation to the Commission.

16MHead of entity to notify Commission of reportable allegation

(1)If the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must notify the Commission in writing of the following—

(a)within 3 business days after becoming aware of the reportable allegation—

(i)that a reportable allegation has been made against an employee of the entity; and

(ii)the name (including any former name and alias, if known) and date of birth, if known, of the employee concerned; and

(iii)whether Victoria Police has been contacted about the reportable allegation; and

(iv)the name, address and telephone number of the entity; and

(v)the name of the head of the entity; and

(b)as soon as practicable and within 30 days after becoming aware of the reportable allegation—

(i)detailed information about the reportable allegation; and

(ii)whether or not the entity proposes to take any disciplinary or other action in relation to the employee and the reasons why it intends to take, or not to take, that action; and

(iii)any written submissions made to the head of the entity concerning the reportable allegation that the employee wished to have considered in determining what, if any, disciplinary or other action should be taken in relation to the employee.

(2)This section does not apply to the head of an entity, or an entity belonging to a class of entities, that the Commission has exempted under section 16I(1)(a) in respect of a class or kind or conduct that is the subject of the reportable allegation.

(3)Subsection (1)(b) does not apply to the head of an entity, or an entity belonging to a class of entities, that the Commission has exempted under section 16I(1)(b) in respect of a class or kind of conduct that is the subject of the reportable allegation.

(4)The head of an entity must not fail, without reasonable excuse, to comply with subsection (1).

Penalty:10 penalty units.

(5)It is a defence to a charge for an offence against subsection (4) for the person charged to prove that the person honestly and reasonably believed that another person had notified the Commission of the reportable allegation in accordance with subsection (1).

16NHead of entity to respond to reportable allegation

(1)As soon as practicable after the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must—

(a)investigate the reportable allegation or permit a regulator, or an independent investigator engaged by the entity or regulator, to investigate the reportable allegation; and

(b)inform the Commission of the identity of the body or person who will conduct the investigation.

(2)If the Commission requests in writing that the head of the entity provide to the Commission information or documents relating to a reportable allegation or an investigation, the head of the entity must comply with the request.

(3)As soon as practicable after an investigation has concluded, the head of the entity must give the Commission—

(a)a copy of the findings of the investigation and the reasons for those findings; and

(b)details of any disciplinary or other action that the entity proposes to take in relation to the employee and the reasons for that action; and

(c)if the entity does not propose to take any disciplinary or other action in relation to the employee, the reasons why no action is to be taken.

16OCommission may investigate reportable allegation

(1)The Commission, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Commission—

(a)receives information about the reportable allegation from any person; and

(b)believes on reasonable grounds that reportable conduct may have been committed by an employee of the entity; and

(c)considers that it is in the public interest that the Commission investigate the reportable allegation.

(2)The Commission, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Commission is advised by the entity or a regulator of the employee that the entity or regulator will not or is unable to—

(a)investigate the reportable allegation; or

(b)engage an independent investigator to investigate the reportable allegation.

(3)The Commission, of its own motion or in response to a complaint, may conduct an investigation concerning any inappropriate handling of, or response to, a reportable allegation by an entity or a regulator if the Commission considers that it is in the public interest to do so.

(4)At the conclusion of an investigation by the Commission and after consultation with the relevant regulator, the Commission—

(a)must make findings, give reasons for the findings and make recommendations, if any, for action to be taken with respect to the matter investigated; and

(b)must provide to the entity the findings, reasons and recommendations, if any, of the Commission, together with any necessary information relating to the recommendations; and

(c)may provide to the regulator the recommendations of the Commission for action to be taken by the regulator.

16PCommission may visit entity

In conducting an investigation under section 16O, the Commission may visit the entity in order to—

(a)inspect any document in relation to the reportable allegation; or

(b)conduct an interview under section 16Q, 16R or 16S.

16QCommission may interview employee

Subject to section 16S(2), the Commission may interview any employee of an entity if the Commission considers that the employee may have information about a reportable allegation.

16RCommission may interview child

(1)The Commission may interview—

(a)a child in relation to whom an employee of an entity is alleged to have committed reportable conduct or misconduct that may involve reportable conduct; or

(b)a child who is a witness to reportable conduct or misconduct that may involve reportable conduct.

(2)The Commission may engage a person with appropriate qualifications, training or experience in interviewing child victims of abuse to conduct an interview on its behalf under subsection (1).

(3)Before interviewing a child, the interviewer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.

(4)Without limiting subsection (3), the Commission must consider whether the child's primary family carer (within the meaning of the Commission for Children and Young People Act 2012) should be present during the interview.

16SCommission may interview employee subject of reportable allegation

(1)The Commission may interview an employee of an entity who is the subject of a reportable allegation.

(2)An employee of an entity who is the subject of a reportable allegation may, but is not required to, answer any question of, or provide any information to, the Commission.

16TCommission may obtain information from Victoria Police

(1)The Commission may request the Chief Commissioner of Police to provide the following information in relation to an employee of an entity who is the subject of a reportable allegation—

(a)whether Victoria Police is investigating the reportable allegation;

(b)the result of the investigation as soon as practicable after its completion.

(2)The Chief Commissioner of Police must comply with a request under subsection (1) unless providing the information would be reasonably likely to prejudice—

(a)the investigation of a breach or possible breach of the law; or

(b)the enforcement or proper administration of the law in a particular instance.

16UVictoria Police investigation has priority

(1)On becoming aware that a reportable allegation may involve criminal conduct, the Commission, an entity, a regulator or an independent investigator must report the matter to Victoria Police.

(2)On becoming aware that Victoria Police is investigating a reportable allegation, the Commission, an entity, a regulator or an independent investigator must not commence or continue to investigate the reportable allegation under this Part until the Chief Commissioner of Police—

(a)advises that the police investigation has been completed; or

(b)agrees that the investigation under this Part may proceed in consultation with Victoria Police.

(3)In this section, an investigation by Victoria Police includes any court proceeding (including an appeal) arising out of the investigation.

(4)Nothing in this section affects an investigation that may otherwise be conducted under any other Act.

16UA Commission must notify Social Services Regulator of certain information

(1)On becoming aware of the following, the Commission must report to the Social Services Regulator—

(a)a reportable allegation that relates to sexual misconduct committed by a WCES worker or carer against, with or in the presence of, a child; or

(b)information relating to the findings of an investigation by a WCES service provider into conduct by a WCES worker or carer that may lead to exclusion.

(2)In this section—

conduct by a WCES worker or carer that may lead to exclusion has the same meaning that conduct that may lead to exclusion has in the Social Services Regulation Act 2021;

WCES service provider has the same meaning as in the Social Services Regulation Act 2021;

WCES worker or carer has the same meaning as in the Social Services Regulation Act 2021.

16VCommission may request regulator to investigate or provide information and documents

(1)The Commission may request a regulator of an employee of an entity to investigate a reportable allegation in respect of the employee.

(2)The Commission, by written notice, may require a regulator of an employee of an entity to provide to the Commission information and documents in relation to—

(a)an investigation of a reportable allegation in respect of the employee that is being conducted by the regulator; or

(b)the employee for the purpose of an investigation of a reportable allegation in respect of the employee that is being conducted by the Commission.

(3)A regulator that is given a notice under subsection (2) must comply with the notice.

16WCommission may monitor regulator's investigation

The Commission may monitor the progress of an investigation by a regulator of a reportable allegation if the Commission considers it is in the public interest to do so.

16XRegulator may disclose information or documents to Commission

(1)Despite any law to the contrary, a regulator may disclose to the Commission any information or documents for the purpose of the reportable conduct scheme.

(2)A regulator of an entity must provide to the Commission any information or documents requested in writing by the Commission in relation to—

(a)a reportable allegation; or

(b)the regulator's investigation of a reportable allegation; or

(c)the findings, reasons for the findings, and recommendations of the regulator made at the conclusion of an investigation by the regulator.

16YDisclosure of information or documents

A disclosure of information or documents to the Commission by any person that is made in good faith under this Part—

(a)does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is made; and

(b)does not make the person by whom it is made subject to any liability in respect of it; and

(c)without limiting paragraphs (a) and (b), does not constitute a contravention of—

(i)section 141 of the Health Services Act 1988; or

(ii)section 730 of the Mental Health and Wellbeing Act 2022.

16ZProtection against self-incrimination

It is a reasonable excuse for an individual to refuse or fail to give information or documents to the Commission in response to questioning or a request or requirement under this Part if the giving of the information or documents would tend to incriminate the individual.

16ZAAssistance to be provided

An entity or the head of an entity must ensure that the Commission or an authorised person is given any assistance in connection with the reasonable performance of the Commission's functions under this Part that the Commission or the authorised person reasonably requires.

16ZBDisclosure of information about investigations to children, parents and carers

(1)This section applies to the following information in relation to an investigation conducted under section 16N or 16O—

(a)information about the progress of the investigation;

(b)the findings, reasons for the findings and the recommendations made at the conclusion of the investigation;

(c)any action taken in response to those findings.

(2)The Commission, the head of an entity or a regulator may disclose the information referred to in subsection (1) to—

(a)the child in relation to whom an employee of an entity is alleged to have committed reportable conduct or misconduct that may involve reportable conduct; or

(b)a parent (within the meaning of the Children, Youth and Families Act2005) of the child; or

(c)the Secretary to the Department of Health and Human Services if the Secretary has parental responsibility for the child; or

(d)a person who has daily care and control of the child, whether or not that care involves custody of the child; or

(e)if the child is in out of home care (within the meaning of the Children, Youth and Families Act 2005), the out of home carer (within the meaning of section 161A of that Act) who provides that care.

(3)Nothing in this section limits any disclosure that may otherwise be made under any Act or law.

16ZCDisclosure of information to the Commission, the head of an entity, a regulator, Victoria Police and others

(1)This section applies to information in relation to the following—

(a)a reportable allegation;

(b)a concern that reportable conduct has been committed;

(c)the investigation of a matter referred to in paragraph (a) or (b);

(d)the findings, reasons for the findings and the recommendations made at the conclusion of the investigation;

(e)the action taken in response to those findings.

(2)The Commission, the head of an entity and a regulator may disclose information referred to in subsection (1) to—

(a)each other; and

(b)the Chief Commissioner of Police; and

(c)if necessary for the purposes of an investigation, an independent investigator; and

(d)if necessary for the purposes of a WWC check, the Secretary to the Department of Justice and Community Safety; and

(e)a relevant Minister; and

(f)any other prescribed person or body in relation to a prescribed matter, or a prescribed class of matters; and

(g)any other prescribed person or body in relation to a prescribed matter, or a prescribed class of matters, if the information relates to the performance of a function conferred on the person or body by or under the laws of the Commonwealth, a State or a Territory.

16ZDCommission to notify Secretary after finding of reportable conduct

(1)Subject to subsection (2), if a finding is made by the Commission, the head of an entity or a regulator that an employee of an entity has committed reportable conduct, the Commission must notify the Secretary to the Department of Justice and Community Safety of the following for the purposes of a WWC check—

(a)the fact that the finding has been made;

(b)the reasons for the finding;

(c)the name (including any former name and alias, if known) of the employee;

(d)the date of birth (if known) of the employee.

(2)The Commission may but need not notify the Secretary to the Department of Justice and Community Safety of a finding that an employee of an entity has committed reportable conduct if—

(a)the reportable conduct would be better addressed through training or supervision; or

(b)the finding has already been referred to the Department of Justice and Community Safety by another person or body; or

(c)for any other reason it is not appropriate for the Commission to give the notification.

16ZEProhibition on publishing certain information

(1)A person must not publish, or cause to be published, any information that would enable the identification of a person who has notified the Commission of—

(a)a reportable allegation; or

(b)a concern that reportable conduct has occurred.

Penalty:In the case of a body corporate, 300 penalty units;

In any other case, 60 penalty units.

(2)A person must not publish, or cause to be published, any information that would enable the identification of a child in relation to whom—

(a)a reportable allegation was made; or

(b)a finding of reportable conduct was made.

Penalty:In the case of a body corporate, 300 penalty units;

In any other case, 60 penalty units.

(3)Subsections (1) and (2) do not apply to the publication of information permitted by or under any other Act.

(3A)Subsections (1) and (2) do not prevent a disclosure that is made for the purposes of Part 5A of the Family Violence Protection Act 2008 by an information sharing entity (within the meaning of that Act).

(3B)Subsections (1) and (2) do not prevent a disclosure that is made for the purposes of Part 6A by an information sharing entity or a restricted information sharing entity.

(4)In this section—

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)public exhibition; or

(d)broadcast or electronic communication.

16ZFFalse or misleading information

A person must not in purported compliance with this Part or Part 5B—

(a)give information or make a statement that the person knows to be false or misleading in a material particular; or

(b)produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

Penalty:In the case of a body corporate, 100 penalty units;

In any other case, 10 penalty units.

16ZGNotice to produce

(1)This section applies if an entity has not complied with a written request from the Commission for information or documents under this Part.

(2)If the request is made under section 16K(2) in relation to a system referred to in section 16K(1), the Commission may give notice under subsection (3) if the Commission believes on reasonable grounds that the entity does not have such a system in place.

(3)The Commission, by written notice, may require an entity to produce a specified document or category of documents to the Commission before a specified date (being not less than 14 days after the day on which the notice is given).

(4)A notice under subsection (3) must be in the prescribed form, if any, and must specify—

(a)the document or category of documents that must be produced; and

(b)the date by which the document or category of documents must be provided; and

(c)if the notice relates to a system referred to in section 16K(1), the grounds referred to in subsection (2); and

(d)the maximum civil penalty payable if the Magistrates' Court makes a declaration under section 16ZH; and

(e)the process for seeking an internal review of the decision to give the notice to produce; and

(f)the prescribed matters, if any.

(5)An entity given a notice under subsection (3) must provide each document specified in the notice to the Commission on or before the date specified in the notice.

(6)The Commission, by further written notice given at any time, may vary or revoke a notice under subsection (3).

16ZHApplication for declaration and order that entity pay a civil penalty

(1)If an entity fails to comply with a notice to produce, the Commission may apply to the Magistrates' Court for—

(a)a declaration that the entity has failed to comply with the notice; and

(b)an order requiring the entity to pay a civil penalty.

(2)The Magistrates' Court may make the declaration sought if the court is satisfied that—

(a)the entity has failed to comply with the notice to produce; and

(b)the failure was unreasonable.

(3)If the Magistrates' Court makes a declaration under subsection (2), the court may order the entity to pay to the Commission for payment into the Consolidated Fund an amount not exceeding $9000 as a civil penalty.

(4)In determining the amount of a civil penalty, the Magistrates' Court must consider—

(a)the size of the entity; and

(b)the impact of the civil penalty on the entity; and

(c)whether the non-compliance with the notice to produce was wilful or serious.

(5)An order made under this section is taken, for the purposes of enforcement, to be an order made by the Magistrates' Court in a civil proceeding.

(6)A civil penalty paid to the Commission in accordance with an order made under this section must be paid into the Consolidated
Fund.

16ZIInternal review

(1)An employee of an entity may seek a review by the Commission of a finding made at the conclusion of an investigation under section 16O.

(2)An entity may seek a review by the Commission of a decision of the Commission to give a notice to produce.

(3)The Commission must prepare and implement a process for the review of—

(a)a finding made at the conclusion of an investigation under section 16O; or

(b)a decision to give a notice to produce.

16ZJReview by VCAT

(1)An employee of an entity may apply to VCAT for review of a decision by the Commission that the employee has committed reportable conduct.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, an employee of an entity requests a statement of reasons for the decision, the day on which the statement of reasons is given to the employee or the employee is informed under section 46(5) of that Act that a statement of reasons will not be given.

(3)Before an employee of an entity is entitled to apply to VCAT for the review of a decision referred to in subsection (1), the employee must have exhausted all available avenues for the internal review of the decision.

16ZJA   Delegation

The Secretary to a Department, as the head of an entity, by instrument, may delegate to a person employed under Part 3 of the Public Administration Act 2004 who is working in the Department any power, function or duty of the Secretary under this Part.

16ZKService of documents

(1)A document that is authorised or required by this Part or Part 5B to be served on or given to a person is served by—

(a)delivering personally a true copy of the document to the person; or

(b)leaving a true copy of the document for the person at the person's last known or usual place of residence or business with a person who apparently resides or works there and who apparently is over the age of 16 years; or

(c)sending a true copy of the document by post addressed to the person at the person's last known or usual place of residence or business.

(2)A document that is authorised or required by this Part or Part 5B to be served on or given to an entity that is not a legal person is served by—

(a)delivering personally a true copy of the document to the head of the entity; or

(b)leaving a true copy of the document for the head of the entity at the last known or usual place of business of the entity with a person who apparently works there and who apparently is over the age of 16 years; or

(b)provide information under section 32 as in force before the commencement day;

(c)apply to a court under section 33 as in force before the commencement day.

52Investigation of conduct before commencement day

(1)This section applies if—

(a)after the commencement day the Commission, a sector regulator or an integrated sector regulator proposes to determine whether a relevant entity has not complied with the Child Safe Standards; and

(b)the conduct alleged to constitute the failure to comply with the Child Safe Standards allegedly occurred before the commencement day; and

(c)immediately before the commencement day the Commission, sector regulator or integrated sector regulator had not done any of the following for the purposes of determining whether the alleged conduct constitutes a failure to comply with the Child Safe Standards—

(i)made a request under section 26, 27 or 28; or

(ii)inspected premises under section 29; or

(iii)issued a notice to comply or a notice to produce.

(2)Subject to subsection (3), the Commission, sector regulator or integrated sector regulator may exercise any power under Part 6 (as in force at the time the power is exercised) for the purposes of determining whether the alleged conduct constitutes a failure to comply with the Child Safe Standards.

(3)The Commission or sector regulator may not do any of the following in relation to the alleged failure to comply (whether or not the relevant entity is finally determined to have failed to comply with the Child Safe Standards)—

(a)issue an official warning to the relevant entity under section 36A;

(b)apply for an interim injunction under section 34B;

(c)accept an enforceable undertaking from the relevant entity under section 36C.

Division 4—Transitional provisions—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023

53Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023

This Act as amended by sections 19 and 20 of the Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 applies to—

(a)a reportable allegation made in relation to a person referred to in paragraph (ba), (bb), (bc) or (bd) of the definition of employee on and after the commencement of sections 19 and 20 of that Act, irrespective of when the conduct that is the subject of the reportable allegation occurred; and

(b)a reportable allegation made in relation to a person referred to in paragraph (e) of the definition of employee on and after the day that the class of person to which that person belongs is prescribed for the purposes of paragraph (e) of that definition, irrespective of when the conduct that is the subject of the reportable allegation occurred.

54Transitional regulations—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 (the amending Act).

(2)Regulations made under subsection (1) may—

(a)have a retrospective effect to a day not earlier than the day on which the amending Act receives the Royal Assent; and

(b)be of limited or general application; and

(c)differ according to time, place and circumstances; and

(d)confer a discretionary authority on a specified person or body.

(3)Regulations referred to in subsection (1) have effect despite anything to the contrary in any Act (other than the amending Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which it commences.

SCHEDULE 1—ENTITIES SUBJECT TO CHILD SAFE STANDARDS

1An applicable entity that operates a registered school within the meaning of the Education and Training Reform Act 2006.

2An applicable entity that operates a school other than—

(a)a registered school within the meaning of the Education and Training Reform Act 2006; or

(b)a place at which home schooling takes place in accordance with a registration under section 4.3.9 of that Act.

3An applicable entity that provides school boarding services within the meaning of the Education and Training Reform Act 2006. 

4An applicable entity registered under Division 3 of Part 4.3 of the Education and Training Reform Act 2006 in respect of an accredited senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification.

5An applicable entity that is approved, under section 4.5.1 of the Education and Training Reform Act 2006, to provide a specified course to students from overseas.

6An applicable entity that is approved, under section 4.5A.1 of the Education and Training Reform Act 2006, as suitable to operate a student exchange program.

7A post-secondary education institution within the meaning of the Education and Training Reform Act 2006.

8A post-secondary education provider within the meaning of the Education and Training Reform Act 2006.

9An approved provider of an approved education and care service within the meaning of the Education and Care Services National Law (Victoria) located in Victoria.

10An approved provider of an approved children's service within the meaning of the Children's Services Act 1996.

11An applicable entity that provides coaching or tuition services specifically for children.

12An applicable entity that provides counselling or other support services specifically for children.

13A youth organisation—

(a)in which children participate; or

(b)that provides activities in which children participate.

Examples

1 The Girl Guides Association of Victoria incorporated by section 3 of the Girl Guides Association Act 1952.

2 The Boy Scouts Association, Victorian Branch incorporated by section 3 of the Scout Association Act 1932.

14An applicable entity that provides cultural, sporting or recreational services specifically for children.

15An applicable entity that provides gym or play facilities specifically for children.

16An applicable entity that runs talent or beauty competitions in which children participate.

17An applicable entity that provides overnight camps for children.

18An applicable entity that provides photography services specifically for children.

19An applicable entity that provides professional babysitting services.

20An applicable entity that provides, on a publicly funded or commercial basis, a transport service specifically for children.

21An applicable entity that provides entertainment and party services specifically for children.

22An applicable entity that receives funding under a State contract to provide early therapeutic intervention specifically for children with a disability, additional needs or developmental delay.

23An applicable entity that operates a Maternal and Child Health Centre.

24A hospital listed in Schedule 1 to the Health Services Act 1988 as a public hospital.

25A public health service within the meaning of the Health Services Act 1988.

26A hospital listed in Schedule 2 to the Health Services Act 1988 as a denominational hospital.

27An applicable entity that operates a private hospital within the meaning of the Health Services Act 1988.

28An applicable entity that operates a day procedure centre within the meaning of the Health Services Act 1988.

29A multi purpose service within the meaning of the Health Services Act 1988.

30A registered community health centre within the meaning of the Health Services Act 1988.

31A mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022.

32A disability service provider within the meaning of the Disability Act 2006.

33An applicable entity, other than a disability service provider within the meaning of the Disability Act 2006, that provides disability services.

34An applicable entity that receives funding under a State contract to provide drug or alcohol treatment services.

35An applicable entity that receives funding under a State contract to provide services in relation to family violence or sexual assault.

36An applicable entity that receives funding under a State contract to provide support services for parents and families.

37An applicable entity that receives funding under a State contract to provide housing services or other assistance to homeless persons.

38An applicable entity that receives funding under a State contract to provide youth services.

39An applicable entity that receives funding under a State contract to provide child protection services.

40An out of home care service within the meaning of the Children, Youth and Families Act 2005.

41An applicable entity that employs a child and that is required to hold a licence issued under the Child Employment Act 2003 for that employment.

42A religious body within the meaning of section 81 of the Equal Opportunity Act 2010.

43A charity.

44A non-profit body within the meaning of the Electronic Transactions (Victoria) Act 2000.

45A Department within the meaning of the Public Administration Act 2004.

46An applicable entity that is constituted by or under any Act and that has functions of a public nature.

47A council.

*                *                *                *                *

SCHEDULE 3—ENTITIES TO WHICH THE REPORTABLE CONDUCT SCHEME APPLIES ON AND AFTER COMMENCEMENT OF PART 5A

1An applicable entity that operates a registered school within the meaning of the Education and Training Reform Act 2006.

2An applicable entity registered under Division 3 of Part 4.3 of the Education and Training Reform Act 2006 in respect of an accredited senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification.

3An applicable entity that is approved, under section 4.5.1 of the Education and Training Reform Act 2006, to provide a specified course to students from overseas.

4An applicable entity that is approved, under section 4.5A.1 of the Education and Training Reform Act 2006, as suitable to operate a student exchange program.

5A disability service provider within the meaning of the Disability Act 2006 that provides residential services for children with a disability within the meaning of that Act.

6A mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022 that provides in-patient beds.

7An applicable entity that receives funding under a State contract to provide drug or alcohol treatment services that provides in-patient beds.

8An applicable entity that receives funding under a State contract to provide housing services or other assistance to homeless persons that provides overnight beds for persons under the age of 18 years.

9An applicable entity that receives funding under a State contract to provide child protection services.

10An out of home care service within the meaning of the Children, Youth and Families Act 2005.

11A Department within the meaning of the Public Administration Act 2004.

SCHEDULE 4—ENTITIES TO WHICH THE REPORTABLE CONDUCT SCHEME APPLIES 6 MONTHS AFTER COMMENCEMENT OF PART 5A

1An entity referred to in Schedule 3.

2A religious body within the meaning of section 81 of the Equal Opportunity Act 2010.

3An applicable entity that is a provider of school boarding services within the meaning of the Education and Training Reform Act 2006.

4An applicable entity that provides overnight camps for children as part of its primary activity and that is not a youth organisation—

(a)in which children participate; or

(b)that provides activities in which children participate.

5A hospital listed in Schedule 1 to the Health Services Act 1988 as a public hospital.

6A hospital listed in Schedule 2 to the Health Services Act 1988 as a denominational hospital.

7An applicable entity that operates a private hospital within the meaning of the Health Services Act 1988.

8A disability service provider within the meaning of the Disability Act 2006 not referred to in Schedule 3.

9An applicable entity, other than a disability service provider within the meaning of the Disability Act 2006, that provides disability services.

SCHEDULE 5—ENTITIES TO WHICH THE REPORTABLE CONDUCT SCHEME APPLIES 18 MONTHS AFTER COMMENCEMENT OF PART 5A

1An entity referred to in Schedule 3.

2An entity referred to in Schedule 4.

3An approved provider of an approved education and care service within the meaning of the Education and Care Services National Law (Victoria).

4An approved provider of an approved children's service within the meaning of the Children's Services Act 1996.

5A prescribed applicable entity that is constituted by or under any Act and that has functions of a public nature.

SCHEDULE 6—CHILD LINK USERS AND PURPOSES OF ACCESS, USE AND DISCLOSURE

Item	Column 1 Child Link user	Column 2 Purpose of access, use and disclosure
1	The Secretary	To identify children who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children.
2	The Secretary to the Department of Health and Human Services	To identify children who are not participating in services for which they may be eligible. For the purpose of the performance of the Secretary to the Department of Health and Human Services' functions, and the exercise of the Secretary's powers, under the Children, Youth and Families Act 2005.
3	The Principal Commissioner within the meaning of the Commission for Children and Young People Act 2012	To perform the Principal Commissioner's statutory functions.
4	The Disability Services Commissioner within the meaning of the Disability Act 2006	To perform the Disability Services Commissioner's statutory functions.
5	A person employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary	To identify children who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children.
6	A person employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary	To perform functions relating to systems administration of the Register.
7	A person employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary	For the purpose of data management in accordance with section 46H.
8	A person employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary	For the purpose of de‑identifying confidential information and to provide that de‑identified information under section 46O.
9	A person employed by the Secretary to the Department of Health and Human Services under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary	To identify children who are not participating in services for which they may be eligible. For the purpose of the performance of the Secretary to the Department of Health and Human Services' functions, and the exercise of the Secretary's powers, under the Children, Youth and Families Act 2005.
10	A person employed or engaged by a council in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the council	To identify children in the municipal district who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to children in the municipal district who may be eligible to participate in services. To monitor and plan council services for children residing in the municipal district.
11	A nurse employed or engaged by a council to provide maternal and child health programs for a Maternal and Child Health service who is authorised in writing by the Chief Executive Officer of the council	To provide care and services to children attending the Maternal and Child Health service.
12	A nurse employed or engaged by an entity that provides maternal and child health programs on behalf of a council for a Maternal and Child Health service who is authorised in writing by the person who has overall management and control of the Maternal and Child Health service	To provide care and services to children attending the Maternal and Child Health service.
13	A nurse employed or engaged by the Secretary to provide maternal and child health advice through a state‑wide telephone service who is authorised in writing by the Secretary	To provide care and services to children or families who access the state-wide telephone service.
14	A person employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the Service	To identify children enrolled with the Service or entitled to services provided by the Service who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children. To monitor and plan services for all children enrolled with the Service.
15	A registered medical practitioner, nurse or midwife employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited engaged in providing maternal and child health programs who is authorised in writing by the Chief Executive Officer of the Service	To provide care and services to children attending the maternal and child health program.
16	A registered early childhood teacher providing education and care to children at an approved education and care service who is authorised in writing by the approved provider	To provide education and care and related services to children enrolled at the education and care service.
17	A registered early childhood teacher providing education and care to children at an approved children's service who is authorised in writing by the approved provider of the service	To provide education and care and related services to children enrolled at the children's service.
18	A school nurse manager who is authorised in writing by the Secretary	To assist in the monitoring, planning and provision of care and services to children enrolled in schools within the geographic region for which the school nurse manager is responsible.
19	A school nurse who is authorised in writing by the Secretary	To provide care and services to children enrolled at the school to whom the nurse provides school nurse services.
20	A principal of a Government school who is authorised in writing by the Secretary	To provide education and care and related services to children enrolled at the school. To monitor and plan services for children enrolled at the school.
21	A registered teacher employed or engaged by a Government school to provide instruction or other education services to students at the school or any other person employed or engaged by a Government school to provide health or welfare services for students at the school who is authorised in writing by the principal of the Government school	To provide education and care and related services to children enrolled at the school. To monitor and plan services for children enrolled at the school.
22	A principal of a non-Government school who is authorised in writing by the person or body responsible for the governance, conduct or management of the school	To provide education and care and related services to children enrolled at the school. To monitor and plan services for children enrolled at the school.
23	A registered teacher employed or engaged by a non‑Government school to provide instruction or other education services to students at the school or any other person employed or engaged by a non‑Government school to provide health or welfare services for students at the school who is authorised in writing by the principal of the non-Government school	To provide education and care and related services to children enrolled at the school. To monitor and plan services for children enrolled at the school.
24	A person employed by the Commission for Children and Young People under section 21(1) of the Commission for Children and Young People Act 2012 or otherwise engaged by the Commission who is authorised in writing by the Principal Commissioner within the meaning of that Act	To perform the functions of the Principal Commissioner for or on behalf of the Commissioner.
25	A person employed to assist the Disability Services Commissioner under section 18(1) of the Disability Act 2006 who is authorised in writing by the Commissioner	To perform the functions of the Disability Services Commissioner on behalf of the Disability Services Commissioner.
26	A prescribed person who is authorised in writing in accordance with the regulations	The purpose prescribed in relation to the person.

SCHEDULE 7—SPECIFIED PROVISIONS

1Section 207(2) of the Children, Youth and Families Act 2005.

2Section 55 of the Commission for Children and Young People Act 2012.

3Section 140 of the Confiscation Act 1997.

4Sections 36, 202AB and 202AC of the Disability Act 2006.

5Sections 5.3A.10 and 5.3A.14 of the Education and Training Reform Act 2006.

6Section 181 of the Firearms Act 1996.

7Section 23 of the Human Services (Complex Needs) Act 2009.

8Section 164 of the Infringements Act 2006.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 6 October 2005

Legislative Council: 15 November 2005

The long title for the Bill for this Act was "to establish principles for the wellbeing of children, to establish the Victorian Children's Council and the Children's Services Co-ordination Board, to provide for the Child Safety Commissioner and to confer functions and powers on the Child Safety Commissioner in relation to the safety of children, to provide for the notification of births to municipal councils, to repeal Part IX of the Health Act 1958 and for other purposes."

The Child Wellbeing and Safety Act 2005 was assented to on 29 November 2005 and came into operation as follows:

Sections 1–41 and 47 on 1 June 2006: Government Gazette 1 June 2006 page 1028; Part 7 (sections 42–46) and section 48 on 1 October 2007: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Child Wellbeing and Safety Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Children, Youth and Families Act 2005, No. 96/2005

Assent Date:	7.12.05
Commencement Date:	S. 604 on 23.4.07: Government Gazette 19.4.07 p. 672
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 9) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 233 on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 10) 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 6) on 27.6.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007

Assent Date:	27.11.07
Commencement Date:	S. 51 on 28.11.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Children's Legislation Amendment Act 2008, No. 22/2008

Assent Date:	3.6.08
Commencement Date:	S. 41 on 25.5.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Children Legislation Amendment Act 2009, No. 46/2009

Assent Date:	18.8.09
Commencement Date:	Ss 9–15 on 19.8.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 11) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Children's Services Amendment Act 2011, No. 80/2011

Assent Date:	21.12.11
Commencement Date:	S. 79(Sch. item 1) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Commission for Children and Young People Act 2012, No. 79/2012

Assent Date:	18.12.12
Commencement Date:	Ss 73–80 on 1.3.13: Special Gazette (No. 27) 29.1.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015, No. 63/2015

Assent Date:	1.12.15
Commencement Date:	Ss 4–13 on 1.1.16: Special Gazette (No. 426) 22.12.15 p.1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	S. 33 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016, No. 63/2016

Assent Date:	15.11.16
Commencement Date:	Ss 4–8 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017

Assent Date:	28.2.17
Commencement Date:	Ss 4–9 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date:	14.6.17
Commencement Date:	S. 31 on 26.2.18: s. 2(6)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Health and Child Wellbeing Legislation Amendment Act 2018, No. 4/2018

Assent Date:	27.2.18
Commencement Date:	Ss 3(1)(3), 4–7, 12(2) on 28.2.18: s. 2(1); ss 3(2), 8–12(1), 13–15 on 1.11.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018

Assent Date:	10.4.18
Commencement Date:	Ss 4–9, 11, 12, 15 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1; ss 10, 13, 14 on 12.2.19: Special Gazette (No. 37) 12.2.19 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 7) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 252 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Children's Services Amendment Act 2019, No. 37/2019

Assent Date:	6.11.19
Commencement Date:	S. 20 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 15) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020, No. 33/2020

Assent Date:	4.11.20
Commencement Date:	Ss 19, 20 on 18.6.21: Special Gazette (No. 152) 30.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 169–176 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2020, No. 36/2020

Assent Date:	17.11.20
Commencement Date:	Ss 16, 17 on 17.11.21: s. 2(5)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, No. 23/2021 (as amended by Nos 32/2022, 43/2022)

Assent Date:	28.6.21
Commencement Date:	S. 5(4) on 29.6.21: s. 2(2); ss 4–5(3), 5(5)–53, 77–80 on 1.1.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)

Assent Date:	21.9.21
Commencement Date:	Ss 349, 350 on 1.7.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	Ss 3, 4 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Child Employment Amendment Act 2022, No. 27/2022

Assent Date:	28.6.22
Commencement Date:	S. 77 on 1.7.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022

Assent Date:	23.8.22
Commencement Date:	S. 60 on 24.8.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)

Assent Date:	6.9.22
Commencement Date:	Ss 784−788 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Early Childhood Legislation Amendment Act 2022, No. 43/2022

Assent Date:	27.9.22
Commencement Date:	Ss 100, 101 on 28.9.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	S. 265 on 27.3.24: Special Gazette (No. 118) 13.3.24 p. 1
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date:	27.6.23
Commencement Date:	S. 21 on 28.6.23: s. 2(1); ss 19, 20, 22–32, 53, 54 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024

Assent Date:	5.3.24
Commencement Date:	Ss 9, 10 on 6.3.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005

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3   Explanatory details

No entries at date of publication.