Child Wellbeing and Safety (Child Link) Regulations 2019 (Vic)

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Version No. 003

Child Wellbeing and Safety (Child Link) Regulations 2019

S.R. No. 60/2019

Version incorporating amendments as at


22 October 2025

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provisions

3Commencement

4Definitions

5Prescribed relevant service

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

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

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

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

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

11Prescribed Child Link user and prescribed purpose

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 003

Child Wellbeing and Safety (Child Link) Regulations 2019

S.R. No. 60/2019

Version incorporating amendments as at


22 October 2025

1Objectives

The objectives of these Regulations are—

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

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

(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.

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 16 July 2019.

4Definitions

In these Regulations—

Aboriginal agency has the same meaning as in the Children, Youth and Families Act 2005;

Aboriginal Children in Aboriginal Care provider means an Aboriginal agency whose principal officer has been authorised by the Secretary to the Department of Families, Fairness and Housing under section 18 of the Children, Youth and Families Act 2005;

Aboriginal-led organisation means an organisation that—

(a)is managed by Aboriginal persons; and

(b)provides services for the benefit of Aboriginal children;

Aboriginal person has the same meaning as in the Children, Youth and Families Act 2005;

approved children's service has the same meaning as in Part 7A of the Act;

approved education and care service has the same meaning as in Part 7A of the Act;

approved provider

(a)in relation to a children's service, has the same meaning as in Part 7A of the Act; and

(b)in relation to an education and care service, has the same meaning as in Part 7A of the Act;

case management functions, in relation to a child subject to a protection order, means the specific functions that an entity has been contracted to perform in respect of that child by the Secretary to the Department of Families, Fairness and Housing;

community-based child and family service has the same meaning as in the Children, Youth and Families Act 2005;

nominated supervisor

(a)in relation to a children's service, has the same meaning as in the Children's Services Act 1996; and

(b)in relation to an education and care service, has the same meaning as in the Education and Care Services National Law (Victoria);

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.

out of home care service has the same meaning as in the Children, Youth and Families Act 2005;

principal officer has the same meaning as in the Children, Youth and Families Act 2005;

protection order has the same meaning as in the Children, Youth and Families Act 2005;

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.

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) and item 26 of Schedule 6 to the Act—

(a)each person specified in Column 1 of the following table is a prescribed person; and

(b)the purpose prescribed in relation to a person specified in Column 1 of the table is the corresponding purpose set out in Column 2 of the table.

Item

Column 1

Prescribed person

Column 2

Prescribed purpose

1

A person—

(a) 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.

To provide care and services to children attending the non‑council Maternal and Child Health provider.
2 The principal officer of an Aboriginal Children in Aboriginal Care provider who is authorised in writing by the Secretary to the Department of Families, Fairness and Housing. To perform any function or exercise any power specified in the authorisation under section 18 of the Children, Youth and Families Act 2005.
3

A person—

(a) employed or engaged by an Aboriginal Children in Aboriginal Care provider in a role equivalent to, or more senior than, an employee of the Department of Families, Fairness and Housing classified as a Child Protection Practitioner Grade 3; and

(b) to whom the principal officer of the Aboriginal Children in Aboriginal Care provider has delegated a function or power under section 18B of the Children, Youth and Families Act 2005; and

(c)  who is authorised in writing by that principal officer.

To perform any function or exercise any power specified in the delegation under section 18B of the Children, Youth and Families Act 2005.
4 The principal officer of an Aboriginal agency that is not also an Aboriginal Children in Aboriginal Care provider who is authorised in writing by the Secretary to the Department of Families, Fairness and Housing. To perform case management functions for a child or class of children subject to a protection order or a permanent care order under the Children, Youth and Families Act 2005.
5

A person—

(a) employed or engaged by an Aboriginal agency that is not also an Aboriginal Children in Aboriginal Care provider in a role equivalent to, or more senior than, an employee of the Department of Families, Fairness and Housing classified as a Child Protection Practitioner Grade 3; and

(b) who is authorised in writing by the principal officer of the Aboriginal agency.

To perform case management functions for a child or class of children subject to a protection order or a permanent care order under the Children, Youth and Families Act 2005.
6 The chief executive officer (however described) of a community-based child and family service or out of home care service who is authorised in writing by the Secretary to the Department of Families, Fairness and Housing. To perform case management functions for a child or class of children subject to a protection order or a permanent care order under the Children, Youth and Families Act 2005.
7

A person—

(a) employed or engaged by an out of home care service or a community-based child and family service in a role equivalent to, or more senior than, an employee of the Department of Families, Fairness and Housing classified as a Child Protection Practitioner Grade 3; and

(b) who is authorised in writing by the chief executive officer (however described) of the service.

To perform case management functions for a child or class of children subject to a protection order or a permanent care order under the Children, Youth and Families Act 2005.
8 A person employed or engaged by an Aboriginal-led organisation in relation to childhood services implementation or policy who is authorised in writing by the chief executive officer (however described) of the organisation.

To identify children enrolled in a service provided by the organisation who are not participating in services for which they may be eligible or children entitled to services provided by the organisation who are not participating in services for which they may be eligible and assist in the provision of education, care and services to those children.

To monitor and plan services for all children enrolled in a service provided by the organisation.

9 A person employed or engaged to provide student support services in a school who is authorised in writing by the Secretary to the Department of Education.

To identify and plan health and wellbeing services for children enrolled at the school.

To provide health and wellbeing services to children enrolled at the school.

10 A nominated supervisor of an approved education and care service or approved children's service who is authorised in writing by the approved provider. To provide education and care and related services to children enrolled at the service.

(2)For the purposes of item 5 of the table in subregulation (1), not more than 2 persons may be authorised at one time in relation to the Aboriginal agency.

(3)For the purposes of item 7 of the table in subregulation (1), not more than 2 persons may be authorised at one time in relation to the out of home care service or community‑based child and family service, as the case requires.

(4)For the purposes of item 10 of the table in subregulation (1), not more than one person may be authorised at one time in relation to the approved education and care service or approved children's service, as the case requires.

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ENDNOTES

1   General information

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

The Child Wellbeing and Safety (Child Link) Regulations 2019, S.R. No. 60/2019 were made on 9 July 2019 by the Governor in Council under sections 46ZC and 47 of the Child Wellbeing and Safety Act 2005, No. 83/2005 and came into operation on 16 July 2019: regulation 3.

The Child Wellbeing and Safety (Child Link) Regulations 2019 will sunset 10 years after the day of making on 9 July 2029 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Child Wellbeing and Safety (Child Link) Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Child Wellbeing and Safety (Child Link) Amendment Regulations 2021, S.R. No. 142/2021

Date of Making: 23.11.21
Date of Commencement: 1.12.21: reg. 3

Child Wellbeing and Safety (Child Link) Amendment Regulations 2025, S.R. No. 107/2025

Date of Making: 14.10.25
Date of Commencement: 22.10.25: reg. 3

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3   Explanatory details

No entries at date of publication.

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