Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2022 (Vic)

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2022

S.R. No. 119/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6New Division 1 heading in Part 2 inserted

7New Division 2 of Part 2 inserted

8Application of this Part

9Regulation 7 amended

10Details to be recorded when receiving a complaint

11Schedule 1 amended

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Endnotes

statutory rules 2022

S.R. No. 119/2022

Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 18 October 2022

Responsible Minister:

INGRID STITT
Minister for Early Childhood and Pre-Prep

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Child Wellbeing and Safety (Information Sharing) Regulations 2018—

(a)to make changes that reflect—

(i)the establishment of the Department of Families, Fairness and Housing; and

(ii)the changing of the name of the Department of Health and Human Services to the Department of Health; and

(iii)the changing of the Department in relation to which Family Safety Victoria is established; and

(b)to make various changes to the prescription of persons and bodies as information sharing entities for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005; and

(c)to prescribe the Secretary to the Department of Education and Training as a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005; and

(d)to prescribe persons to exercise the powers of a restricted information sharing entity on that entity's behalf.

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 November 2022.

4Principal Regulations

In these Regulations, the Child Wellbeing and Safety (Information Sharing) Regulations 2018[1] are called the Principal Regulations.

5Definitions

In regulation 4 of the Principal Regulations—

(a)for the definition of relevant education and care service substitute—

"relevant education and care service means an approved education and care service that—

(a)is a centre-based service; and

(b)is not a service that provides education and care only during school holidays;";

(b)in the definition of Risk Assessment and Management Panel meeting omit "issued by Family Safety Victoria";

(c)in the definition of supported playgroup, for "Health and Human Services" substitute "Families, Fairness and Housing";

(d)the definition of Family Safety Victoria is revoked.

6New Division 1 heading in Part 2 inserted

Before regulation 5 of the Principal Regulations insert—

"Division 1—Information sharing entities".

7New Division 2 of Part 2 inserted

After regulation 5A of the Principal Regulations insert—

"Division 2—Restricted information sharing entities

5B Restricted information sharing entity

(1)For the purposes of section 41S(1) of the Act, the Secretary to the Department of Education and Training is prescribed to belong to the category of restricted information sharing entity named the Child Link Category.

(2)For the purposes of section 41S(2) of the Act and subject to subregulation (3), the activities that a restricted information sharing entity belonging to the Child Link Category may carry out as if the entity were an information sharing entity are the activities set out in section 41S(2)(c) of the Act.

(3)A restricted information sharing entity belonging to the Child Link Category may only carry out the activities set out in section 41S(2)(c) of the Act for the purposes of maintaining the Child Link Register.

5CSpecified persons may exercise powers on behalf of restricted information sharing entity

Each of the following persons is prescribed as a person to exercise, on behalf of a restricted information sharing entity belonging to the Child Link Category, the powers that regulation 5B authorises the entity to exercise—

(a)a person who—

(i)is employed in the Department of Education and Training as an executive under Part 3 of the Public Administration Act 2004 in the role of Deputy Secretary; and

(ii)whose role as Deputy Secretary includes responsibilities for maintaining the Child Link Register established under section 46B of the Act;

(b)a person who—

(i)is employed in the Department of Education and Training as an executive under Part 3 of the Public Administration Act 2004 in the role of Executive Director; and

(ii)whose role as Executive Director includes responsibilities for maintaining the Child Link Register established under section 46B of the Act.".

8Application of this Part

For regulation 6(1) of the Principal Regulations substitute—

"(1)This Part applies—

(a)to an information sharing entity other than an information sharing entity specified in item 57 or 58 in Schedule 1; and

(b)to a restricted information sharing entity.".

9Regulation 7 amended

(1)In the heading to regulation 7, after "information sharing entities" insert "and restricted information sharing entities".

(2)In regulation 7(a), (c) and (f) of the Principal Regulations, after "the information sharing entity" insert "or the restricted information sharing entity".

(3)In regulation 7(h) of the Principal Regulations, after "the information sharing entity" insert "making the disclosure".

10Details to be recorded when receiving a complaint

(1)In regulation 9 of the Principal Regulations, after "an information sharing entity" insert "or a restricted information sharing entity".

(2)In regulation 9(c) of the Principal Regulations, after "the information sharing entity" insert "or the restricted information sharing entity".

(3)In regulation 9(f) of the Principal Regulations—

(a)after "the information sharing entity" (where first occurring) insert "or the restricted information sharing entity";

(b)for "the information sharing entity" (where secondly occurring) substitute "that entity".

11Schedule 1 amended

(1)In column 2 of item 2 in Schedule 1 to the Principal Regulations—

(a)for "Health and Human Services" substitute "Families, Fairness and Housing";

(b)in paragraph (h), for "2006; or" substitute "2006.";

(c)paragraph (i) is revoked.

(2)After item 2 in Schedule 1 to the Principal Regulations insert—

"2A The Secretary to the Department of Health, to the extent that the Department provides maternal and child health advice through a state-wide telephone service.".

(3)In column 2 of item 23 in Schedule 1 to the Principal Regulations, for "provides services in relation to a body known as a Support and Safety Hub established by Family Safety Victoria." substitute "provides Hub services within the meaning of Part 5B of that Act.".

(4)In column 2 of item 30 in Schedule 1 to the Principal Regulations—

(a)in paragraph (i), for "people." substitute "people; or";

(b)after paragraph (i) insert—

"(j)that Department manages or delivers re-engagement services to children and young people at risk of disengaging with education; or

(k)that Department provides school nursing programs.".

(5)Items 32, 37 and 38 of Schedule 1 to the Principal Regulations are revoked.

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Endnotes

[1] Reg. 4: S.R. No. 119/2018 as amended by S.R. Nos 135/2020 and 30/2021.