Child Wellbeing and Safety (Child Link) Amendment Regulations 2021 (Vic)

Child Wellbeing and Safety (Child Link) Amendment Regulations 2021

S.R. No. 142/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Objectives of Principal Regulations amended

6Regulation 4 substituted

7Regulations 5, 6 and 7 substituted and new regulations 8, 9, 10 and 11 inserted

═════════════

Endnotes

STATUTORY RULES 2021

S.R. No. 142/2021

Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety (Child Link) Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 23 November 2021

Responsible Minister:

INGRID STITT
Minister for Early Childhood

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Child Wellbeing and Safety (Child Link) Regulations 2019—

(a)to prescribe events for a child's first contact with a relevant service which will require the Secretary to create a Child Link entry and allocate a Child Link identifier for the child; and

(b)to prescribe services or programs and prescribe persons for the purposes of the provisions of the Child Wellbeing and Safety Act 2005 relating to the Child Link Register; and

(c)to prescribe purposes to which information must relate if certain provisions of that Act relating to the Child Link Register are to apply.

2Authorising provisions

These Regulations are made under sections 46ZC and 47 of the Child Wellbeing and Safety Act 2005.

3Commencement

These Regulations come into operation on 1 December 2021.

4Principal Regulations

In these Regulations, the Child Wellbeing and Safety (Child Link) Regulations 2019[1] are called the Principal Regulations.

5Objectives of Principal Regulations amended

(1)In regulation 1(b) of the Principal Regulations, for "apply." substitute "apply; and".

(2)After regulation 1(b) of the Principal Regulations insert—

"(c)to prescribe events for a child's first contact with a relevant service which require the Secretary to create a Child Link entry and allocate a Child Link identifier for the child; and

(d)to prescribe any other matters required to be prescribed under the Child Wellbeing and Safety Act 2005.".

6Regulation 4 substituted

For regulation 4 of the Principal Regulations substitute—

"4   Definitions

In these Regulations—

non-council Maternal and Child Health provider means a service that is State‑funded and not under the control of a council which provides health advice to parents and other caregivers of children under 6 years of age;

Examples

Aboriginal-led maternal and child health services or community health organisations delivering maternal and child health services.

Register of Births, Deaths and Marriages means the Register established under Part 7 of the Births, Deaths and Marriages Registration Act 1996;

registrable event means—

(a)a death (within the meaning of the Births, Deaths and Marriages Registration Act 1996) of a child; or

(b)a surrogacy arrangement (within the meaning of the Assisted Reproductive Treatment Act 2008);

Registrar of Births, Deaths and Marriages has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;

the Act means the Child Wellbeing and Safety Act 2005.".

7Regulations 5, 6 and 7 substituted and new regulations 8, 9, 10 and 11 inserted

For regulations 5, 6 and 7 of the Principal Regulations substitute—

5Prescribed relevant service"

For the purposes of paragraph (i) of the definition of relevant service in section 46A of the Act, a non-council Maternal and Child Health provider is prescribed.

6Child Link entry and Child Link identifier—prescribed event for non‑council Maternal and Child Health provider

For the purposes of paragraph (h) of the definition of first contact in section 46C(2) of the Act, the first notification received by a non-council Maternal and Child Health provider in relation to the child is a prescribed event in relation to that non‑council Maternal and Child Health provider.

7Particulars to be included in the Register—prescribed service or program

For the purposes of section 46D(1)(m)(vii) of the Act, a non-council Maternal and Child Health provider is a prescribed service or program.

8Collection, use and disclosure of information for establishing and maintaining the Register—prescribed services and prescribed purposes

(1)For the purposes of section 46G(h) of the Act—

(a)the Registrar of Births, Deaths and Marriages is a prescribed service; and

(b)in relation to that prescribed service, the prescribed purpose is the registering of a registrable event in the Register of Births, Deaths and Marriages.

(2)For the purposes of section 46G(h) of the Act—

(a)a non-council Maternal and Child Health provider is a prescribed service; and

(b)in relation to that prescribed service, the prescribed purpose is providing health advice to parents and other caregivers of children under 6 years of age.

9Collection and use of information for the purposes of data management—prescribed services and prescribed purposes

(1)For the purposes of section 46H(1)(h) of the Act—

(a)the Registrar of Births, Deaths and Marriages is a prescribed service; and

(b)in relation to that prescribed service, the prescribed purpose is the registering of a registrable event in the Register of Births, Deaths and Marriages.

(2)For the purposes of section 46H(1)(h) of the Act—

(a)a non-council Maternal and Child Health provider is a prescribed service; and

(b)in relation to that prescribed service, the prescribed purpose is providing health advice to parents and other caregivers of children under 6 years of age.

10Disclosure of information to the Secretary—prescribed persons, prescribed services or programs

(1)For the purposes of section 46I(1)(k) of the Act—

(a)the Registrar of Births, Deaths and Marriages is a prescribed person; and

(b)in relation to that prescribed person, the prescribed service or program is the performance of functions and exercise of powers under the Births, Deaths and Marriages Registration Act 1996 in relation to the maintenance of the Register of Births, Deaths and Marriages.

(2)For the purposes of section 46I(1)(k) of the Act—

(a)a person who is employed or engaged by an entity to provide maternal and child health programs for a non-council Maternal and Child Health provider is a prescribed person; and

(b)in relation to that prescribed person, the prescribed service or program is the providing of health advice to parents and other caregivers of children under 6 years of age.

11Prescribed Child Link user and prescribed purpose

(1)For the purposes of section 46K(1)(w) of the Act, a prescribed person is a person—

(a)who is employed or engaged by an entity to provide maternal and child health programs for a non-council Maternal and Child Health provider; and

(b)who is authorised in writing by the person who has overall management and control of the non-council Maternal and Child Health provider.

(2)For purposes of item 26 of Schedule 6 to the Act, in relation to the person referred to in subregulation (1), the prescribed purpose is to provide care and services to children attending the non-council Maternal and Child Health provider.".

═════════════

Endnotes

[1] Reg. 4: S.R. No. 60/2019.