Child Wellbeing and Safety Amendment (Child Safe Standards Sector Regulators and Infringements) Regulations 2022 (Vic)

Child Wellbeing and Safety Amendment (Child Safe Standards Sector Regulators and Infringements) Regulations 2022

S.R. No. 25/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Regulation 1 amended

6Regulation 7A substituted

7New regulation 12 inserted

8New Schedule 5 inserted

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Endnotes

STATUTORY RULES 2022

S.R. No. 25/2022

Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety Amendment (Child Safe Standards Sector Regulators and Infringements) Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 10 May 2022

Responsible Minister:

ANTHONY CARBINES
Minister for Child Protection and Family Services

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Child Wellbeing and Safety Regulations 2017 to prescribe—

(a)sector regulators for the purposes of section 25B of the Child Wellbeing and Safety Act 2005; and

(b)offences in respect of which an infringement notice may be issued for the purposes of section 36B of the Child Wellbeing and Safety Act 2005 and penalties for those offences.

2Authorising provision

These Regulations are made under section 47 of the Child Wellbeing and Safety Act 2005.

3Commencement

These Regulations come into operation on 1 January 2023.

4Principal Regulations

In these Regulations, the Child Wellbeing and Safety Regulations 2017[1] are called the Principal Regulations.

5Regulation 1 amended

For regulation 1(ba) of the Principal Regulations substitute—

"(ba)to prescribe sector regulators in relation to the relevant entities referred to in Schedule 1 of that Act;

(bb)to prescribe offences in respect of which an infringement notice may be issued under that Act and penalties for those offences;".

6Regulation 7A substituted

For regulation 7A of the Principal Regulations substitute—

"7A   Prescribed sector regulators in relation to relevant entities

For the purposes of section 25B(1)(a)(i) of the Act, the prescribed sector regulator is—

(a)for a relevant entity referred to in item 23, 24, 25, 26, 27, 28, 29, 30, 31 or 34 of Schedule 1 to the Act, the Secretary to the Department of Health; or

(b)for a relevant entity referred to in item 41 of Schedule 1 to the Act, the Wage Inspectorate Victoria.".

7New regulation 12 inserted

After regulation 11 of the Principal Regulations insert—

"12   Infringement offences and infringement penalties

(1)For the purposes of section 36B(1) of the Act, an offence specified in Column 1 of the Table in Schedule 5 is a prescribed offence for which an infringement notice may be served.

(2)For the purposes of section 36B(3) of the Act, the infringement penalty prescribed for an infringement offence is the amount specified in Column 2 of the Table in Schedule 5 in respect of that infringement offence.".

8New Schedule 5 inserted

After Schedule 4 to the Principal Regulations insert—

"Schedule 5—Infringements

Regulation 12

Table

Column 1	Column 2
Item	Infringement offence	Infringement penalty
1	S. 29H(1)	In the case of an individual, 6 penalty units In the case of a body corporate, 24 penalty units
2	S. 29K(1)	In the case of an individual, 6 penalty units In the case of a body corporate, 24 penalty units
3	S. 34D	In the case of an individual, 12 penalty units In the case of a body corporate, 24 penalty units

".

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Endnotes

[1] Reg. 4: S.R. No. 62/2017 as amended by S.R. Nos 85/2019, 12/2020 and 62/2021.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74 and for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.