Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2023 (Vic)

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2023

S.R. No. 82/2023

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Regulation 5A substituted

6Restricted information sharing entity

7Specified persons may exercise powers on behalf of restricted information sharing entity

8Schedule 1—Prescribed information sharing entities

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Endnotes

statutory rules 2023

S.R. No. 82/2023

Child Wellbeing and Safety Act 2005

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 15 August 2023

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 to—

(a)update references to the Department of Education; and

(b)allow a restricted information sharing entity belonging to the Child Link Category to collect confidential information disclosed under Part 6A of the Child Wellbeing and Safety Act 2005; and

(c)prescribe the Secretary to the Department of Government Services as an information sharing entity.

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 30 August 2023.

4Principal Regulations

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

5Regulation 5A substituted 

For regulation 5A of the Principal Regulations substitute—

"5A   Delegations

(1)The Secretary to the Department of Education may delegate any power, function or duty conferred or imposed on that Secretary as an information sharing entity under Part 6A of the Act or under these Regulations, other than this power of delegation, to any person employed or engaged by that Secretary.

(2)The Secretary to the Department of Government Services may delegate any power, function or duty conferred or imposed on that Secretary as an information sharing entity under Part 6A of the Act or under these Regulations, other than this power of delegation, to any person employed or engaged by that Secretary.

(3)A delegation under this regulation must be made by instrument of delegation.".

6Restricted information sharing entity

(1)In regulation 5B(1) of the Principal Regulations omit "and Training".

(2)In regulation 5B(2) and (3) of the Principal Regulations, for "section 41S(2)(c)" substitute "paragraphs (b) and (c) of section 41S(2)".

7Specified persons may exercise powers on behalf of restricted information sharing entity

In regulation 5C(a)(i) and (b)(i) of the Principal Regulations omit "and Training".

8Schedule 1—Prescribed information sharing entities

(1)In item 14 of Schedule 1 to the Principal Regulations—

(a)in paragraph (d), for "Act; or" substitute "Act.";

(b)paragraph (e) is revoked.

(2)After item 14 of Schedule 1 to the Principal Regulations insert—

"14AThe Secretary to the Department of Government Services, to the extent that the Department of Government Services supports the performance of the functions of the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996 and the Relationships Act 2008.".

(3)In items 30, 35, 36, 39 and 40 of Schedule 1 to the Principal Regulations omit "and Training".

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ENDNOTES

[1] Reg. 4: S.R. No. 119/2018 as amended by S.R. Nos 135/2020, 30/2021 and 119/2022.