Child Wellbeing and Safety Amendment Regulations 2019 (Vic)

Child Wellbeing and Safety Amendment Regulations 2019

S.R. No. 85/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Amendment of objectives

5Regulation 7 substituted

6Regulation 9 substituted and new regulation 9A inserted

7New Schedules 2, 3 and 4 inserted

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Endnotes

STATUTORY RULES 2019

S.R. No. 85/2019

Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 17 September 2019

Responsible Minister:

LUKE DONNELLAN
Minister for Child Protection

PIETA TAVROU

Clerk of the Executive Council

1Objective

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

(a)to prescribe youth organisations that provide overnight camps for children as part of their primary activities as entities to which the reportable conduct scheme under the Child Wellbeing and Safety Act 2005 applies; and

(b)to prescribe certain persons and bodies to which information may be disclosed under section 16ZC of the Child Wellbeing and Safety Act 2005.

2Authorising provision

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

3Principal Regulations

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

4Amendment of objectives

In regulation 1 of the Principal Regulations—

(a)for paragraph (b) substitute—

"(b)to prescribe entities to which the reportable conduct scheme under the Act will apply, and the relevant dates on and after which it will apply;";

(b)in paragraph (d), for "the chief psychiatrist as a person" substitute "persons and bodies".

5Regulation 7 substituted

For regulation 7 of the Principal Regulations substitute—

"7   Prescribed entity to which the reportable conduct scheme applies

For the purposes of paragraph (d) of the definition of entity to which the reportable conduct scheme applies in section 3(1) of the Act—

(a)an entity specified in Column 1 of Schedule 2 is prescribed; and

(b)the prescribed date is the date specified in Column 2 of Schedule 2 in relation to that entity.".

Note

A public health service listed in Schedule 5 to the Health Services Act 1988 is currently prescribed by regulation 7 of the Principal Regulations as an entity to which the reportable conduct scheme applies.

6Regulation 9 substituted and new regulation 9A inserted

For regulation 9 of the Principal Regulations substitute—

"9   Disclosure of information to Victorian entities

(1)For the purposes of section 16ZC(2)(f) of the Act, a person or body specified in Column 1 of Schedule 3 is prescribed in relation to a matter or class of matter specified in Column 2 of Schedule 3.

(2)Despite subregulation (1)—

(a)the body referred to in Item 2 of Schedule 3 is only prescribed on and from 1 July 2020; and

(b)the body referred to in Item 3 of Schedule 3 is only prescribed on and from 1 July 2020; and

(c)the body referred to in Item 4 of Schedule 3 is only prescribed on and from 1 July 2020.

9A Disclosure of information to entities of other jurisdictions

For the purposes of section 16ZC(2)(g) of the Act, a person or body specified in Column 1 of Schedule 4 is prescribed in relation to a matter or class of matter specified in Column 2 of Schedule 4.".

7New Schedules 2, 3 and 4 inserted

After Schedule 1 to the Principal Regulations insert—

"Schedule 2—Prescribed entities to which reportable conduct scheme applies

Regulation 7

1Definition

In this Schedule—

youth organisation means a youth organisation—

(a)in which children participate; and

(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.

Item	Column 1 Entity	Column 2 Prescribed date
1	A public health service listed in Schedule 5 to the Health Services Act 1988	1 January 2018
2	A youth organisation that provides overnight camps for children as part of its primary activity	1 May 2020

Schedule 3—Disclosure of information to persons or bodies within Victoria

Regulation 9

1Definition

In this Schedule—

mental health service provider has the same meaning as it has in the Mental Health Act 2014.

Item	Column 1 Person or body	Column 2 Matter or class of matter
1	The chief psychiatrist within the meaning of the Mental Health Act 2014	A reportable allegation against, or a concern that reportable conduct has been committed by, an employee of a mental health service provider in the course of providing mental health services to a child
2	The Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018	A matter relating to the operation of Part 5A of the Act; or A matter relating to a function conferred on the Victorian Disability Worker Commission under the Disability Service Safeguards Act 2018
3	The Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018	A matter relating to the operation of Part 5A of the Act; or A matter relating to a function conferred on the Victorian Disability Worker Commissioner under the Disability Service Safeguards Act 2018
4	The Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018	A matter relating to the operation of Part 5A of the Act; or A matter relating to a function conferred on the Disability Worker Registration Board of Victoria under the Disability Service Safeguards Act 2018

Schedule 4—Disclosure of information to persons or bodies in other jurisdictions

Regulation 9A

Item	Column 1 Person or body	Column 2 Matter or class of matter
1	The Commissioner of the NDIS Quality and Safeguards Commission within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth	A matter relating to the operation of Part 5A of the Act; or A matter relating to a function conferred on the Commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 of the Commonwealth
2	The Ombudsman within the meaning of the Ombudsman Act 1974 of New South Wales	A matter relating to the operation of Part 5A of the Act; or A matter relating to a function conferred on the Ombudsman under Part 3A of the Ombudsman Act 1974 of New South Wales
3	The ombudsman within the meaning of the Ombudsman Act 1989 of the Australian Capital Territory	A matter relating to the operation of Part 5A of the Act; or A matter relating to a function conferred on the ombudsman under Division 2.2A of Part 2 of the Ombudsman Act 1989 of the Australian Capital Territory

".

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Endnotes

[1] Reg. 3: S.R. No. 62/2017.