Child Wellbeing and Safety (Information Sharing) Regulations 2018 (Vic)

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Version No. 005

Child Wellbeing and Safety (Information Sharing) Regulations 2018

S.R. No. 119/2018

Version incorporating amendments as at


2 July 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Definitions

Part 2—General

Division 1—Information sharing entities

5Prescribed information sharing entities

5ADelegations

Division 2—Restricted information sharing entities

5BRestricted information sharing entity

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

Part 3—Record keeping

6Application of this Part

7Recording obligations for information sharing entities and restricted information sharing entities

8Obligations when declining a request to disclose confidential information

9Details to be recorded when receiving a complaint

Part 4—Confidential information

10Permission to collect, use or disclose confidential information despite prescribed provisions

Schedule 1—Prescribed information sharing entities

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 005

Child Wellbeing and Safety (Information Sharing) Regulations 2018

S.R. No. 119/2018

Version incorporating amendments as at


2 July 2025

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to prescribe persons and bodies as information sharing entities for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005; and

(ab)to provide for an information sharing entity that is a public sector body Head to delegate powers, duties and functions of an information sharing entity under Part 6A of the Child Wellbeing and Safety Act 2005 and these Regulations; and

(b)to provide for record keeping by information sharing entities for the purposes of section 41ZC of the Child Wellbeing and Safety Act 2005; and

(c)to prescribe provisions for the purposes of section 41ZH of 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 27 September 2018.

4Definitions

In these Regulations—

approved education and care service has the same meaning as in the Education and Care Services National Law (Victoria);

Catholic school means a registered school established to provide education based on the principles of the Catholic doctrine;

centre-based service has the same meaning as in the national regulations;

education and care service has the same meaning as in the Education and Care Services National Law (Victoria);

enrolled nurse means a person registered in Division 2 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law (other than as a student);

*                *                *                *                *

general practice nurse means a registered nurse or an enrolled nurse;

Government school has the same meaning as in the Education and Training Reform Act 2006;

Multi-Agency Panel to Prevent Youth Offending meeting means a Multi-Agency Panel to Prevent Youth Offending meeting conducted in accordance with any written guidance or guidelines issued by the Secretary to the Department of Justice and Community Safety;

national regulations means the regulations made under the Education and Care Services National Law (Victoria);

non-Government school has the same meaning as in the Education and Training Reform Act 2006;

operator in relation to a non-Government school means the body that is responsible for managing and conducting the operations of a non-Government school;

person of concern has the same meaning as in the Family Violence Protection Act 2008;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered nurse means a person registered in Division 1 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law (other than as a student);

registered school has the same meaning as in the Education and Training Reform Act 2006;

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;

Risk Assessment and Management Panel meeting means a Risk Assessment and Management Panel meeting conducted in accordance with the Victorian Risk Assessment and Management Panel Program Operational Guidelines;

State contract means a contract entered into for or on behalf of the State or by a person or body representing the State, and includes a subcontract made under such a contract;

supported playgroup means a playgroup that is funded by the Department of Families, Fairness and Housing and that has a paid facilitator;

the Actmeans the Child Wellbeing and Safety Act 2005.

PART 2—GENERAL

Division 1—Information sharing entities

5Prescribed information sharing entities

For the purposes of section 41R of the Act, the persons and bodies set out in Schedule 1 are information sharing entities.

5ADelegations

(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.

Division 2—Restricted information sharing entities

5BRestricted information sharing entity

(1)For the purposes of section 41S(1) of the Act, the Secretary to the Department of Education 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 paragraphs (b) and (c) of section 41S(2) of the Act.

(3)A restricted information sharing entity belonging to the Child Link Category may only carry out the activities set out in paragraphs (b) and (c) of section 41S(2) 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 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 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.

PART 3—RECORD KEEPING

6Application of this Part

(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.

(2)Despite anything to the contrary in this regulation, a provision of this Part does not apply to an information sharing entity specified in item 12 of Schedule 1 if that information sharing entity reasonably believes that the information that the provision requires the information sharing entity to record has been recorded by another information sharing entity.

7Recording obligations for information sharing entities and restricted information sharing entities

For the purposes of section 41ZC of the Act, the following information is prescribed information in respect of a disclosure of confidential information—

(a)the information sharing entity or the restricted information sharing entity that requested the information, if applicable;

(b)the confidential information that was requested, if applicable;

(c)the date on which the information sharing entity or the restricted information sharing entity made the request, if applicable;

(d)a record of the confidential information that was disclosed;

(e)the date on which the confidential information was disclosed;

(f)the information sharing entity or the restricted information sharing entity to which the confidential information was disclosed;

(g)a copy of any of the following documents prepared that are relevant to the disclosure by the information sharing entity that disclosed the confidential information—

(i)a family violence risk assessment under an approved framework (within the meaning of Part 11 of the Family Violence Protection Act 2008);

(ii)a safety plan in respect of a person, or in respect of a member of that person's family, who is at risk of being subjected to family violence;

(iii)a safety plan in respect of a person of concern or a person alleged to pose a risk of family violence;

(h)whether the information sharing entity making the disclosure sought and obtained the views of the child in relation to whose wellbeing or safety the disclosure is made, or the views of that child's parent and, if not, the reason why;

(i)whether the child in relation to whose wellbeing or safety the disclosure is made or that child's parent was informed that the confidential information was or would be disclosed.

8Obligations when declining a request to disclose confidential information

If an information sharing entity declines a request to disclose confidential information about any person, the following information is prescribed for the purposes of section 41ZC of the Act—

(a)the details of the request;

(b)the reason why the request was declined.

9Details to be recorded when receiving a complaint

If a complaint is made directly to an information sharing entity or a restricted information sharing entity in relation to the performance of its functions under Part 6A of the Act, the following information is prescribed for the purposes of section 41ZC of the Act—

(a)the date the complaint was made and received;

(b)the nature of the complaint;

(c)any action that was taken by the information sharing entity or the restricted information sharing entity to resolve the complaint;

(d)any necessary action that has been taken to prevent, or lessen, the risk of further similar complaints by addressing the reasons for the complaint;

(e)the time taken to resolve the complaint;

(f)if the information sharing entity or the restricted information sharing entity was unable to resolve the complaint, what (if any) further action was taken by that entity.

PART 4—CONFIDENTIAL INFORMATION

10Permission to collect, use or disclose confidential information despite prescribed provisions

For the purposes of section 41ZH of the Act, the following provisions are prescribed—

(a)section 347(2) of the Mental Health Act 2014;

(b)section 181 of the Personal Safety Intervention Orders Act 2010;

(c)section 41B of the Act;

(d)section 132ZC of the Disability Act 2006;

(e)sections 537(3) and 582(5) of the Children, Youth and Families Act 2005;

(f)sections 18(3) and 99A(5) of the Magistrates' Court Act 1989.

SCHEDULE 1—PRESCRIBED INFORMATION SHARING ENTITIES

Regulation 5

Column 1

Item

Column 2

Prescribed information sharing entities
1 A community-based child and family service within the meaning of the Children, Youth and Families Act 2005, to the extent that it performs the functions of a community-based child and family service.
2

The Secretary to the Department of Families, Fairness and Housing, to the extent that—

(a)   the Secretary performs functions under the Children, Youth and Families Act 2005; or

(b)   that Department performs functions under the Housing Act 1983; or

(c)   that Department assists with the performance of the Director of Housing's functions under the Housing Act 1983; or

(d)   the Secretary exercises powers conferred under regulation 15(3) of the Immigration (Guardianship of Children) Regulations 2018 (Commonwealth) in relation to a function delegated to the Secretary under section 5 of the Immigration (Guardianship of Children) Act 1946 (Commonwealth); or

(e)   the Secretary performs functions under the Human Services (Complex Needs) Act 2009; or

(f)    the Secretary performs functions under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(g)   the Secretary performs functions under the Sentencing Act 1991; or

(h)   the Secretary performs functions under the Disability Act 2006.

       *                 *              *              *              *
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 The Disability Services Commissioner within the meaning of the Disability Act 2006.
4 The Chief Executive Officer, Homes Victoria within the meaning of the Housing Act 1983.
5 The Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012.
6 An out of home care service within the meaning of section 3(1) of the Children, Youth and Families Act 2005, to the extent that the out of home care service performs the functions of an out of home care service.
7 A person or body that is engaged or funded under a State contract to provide homelessness accommodation or homelessness support services, to the extent that the person or body performs functions relating to the provision of homelessness accommodation or homelessness support services.
8 A mental health and wellbeing service provider within the meaning of section 3(1) of the Mental Health and Wellbeing Act 2022, to the extent that the mental health and wellbeing service provider performs functions relating to the provision of mental health and wellbeing services.
9 A person or body that is engaged or funded under a State contract to provide alcohol and other drugs services, to the extent that the person or body performs functions relating to the provision of alcohol and other drugs services.
10 A person or body that is engaged or funded under a State contract to provide services to victim survivors of sexual assault and perform family violence information sharing functions, to the extent that the person or body performs functions relating to the provision of services to victim survivors of sexual assault.
11 A person or body that is engaged or funded under a State contract to provide treatment services for sexually abusive behaviour, to the extent that the person or body performs functions relating to the provision of sexually abusive behaviour treatment services.
12 A person or body that participates in a Risk Assessment and Management Panel meeting, to the extent that the person or body performs functions that relate to the person or body's participation in a Risk Assessment and Management Panel meeting, including preparation for and attendance at a meeting and associated follow-up actions or activities.
13 A person or body that provides specialist family violence services and is engaged or funded under a State contract to perform family violence information sharing functions, to the extent that the person or body performs functions relating to the provision of specialist family violence services.
14

The Secretary to the Department of Justice and Community Safety, to the extent that—

(a)   that Department manages or delivers justice, health, rehabilitation or reintegration services or programs for children; or

(b)   that Department provides victims of crime support through a state‑wide telephone service; or

(c)   the Secretary performs functions under the Children, Youth and Families Act 2005; or

(d) that Department supports the performance of the functions under Chapter 5 of the Children, Youth and Families Act 2005 of the Youth Parole Board within the meaning of that Act.

       *                 *              *              *              *
14A The 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.
15 A person or body that is engaged or funded under a State contract by the Department of Justice and Community Safety to provide or deliver health, rehabilitation or reintegration services or programs for children, to the extent that the person or body provides or delivers those services or programs directly to children.
16 A person or body that is engaged or funded under a State contract to provide youth justice community support services or programs, to the extent that the person or body performs functions relating to youth justice community support services or programs.
17 A person or body that is engaged or funded under a State contract by the Department of Justice and Community Safety to provide case management services to victims of crime, to the extent that the person or body performs functions relating to the provision of case management services to victims of crime.
18 Victoria Police within the meaning of the Victoria Police Act 2013.
19 A Council to the extent that it provides maternal and child health programs.
20 A person or body engaged by a Council to provide maternal and child health programs for a maternal and child health service on behalf of the Council, to the extent that the person or body performs functions relating to the provision of maternal and child health programs.
21 A person or body that is engaged or funded under a State contract to provide maternal and child health services, to the extent that the person or body performs functions relating to the provision of maternal and child health services.
22 A person or body that participates in a Multi‑Agency Panel to Prevent Youth Offending meeting, to the extent of that participation, including preparation for and attendance at the meeting and associated follow‑up actions or activities.
23 A body that is declared to be an authorised Hub entity under section 144SC of the Family Violence Protection Act 2008, to the extent that the body provides Hub services within the meaning of Part 5B of that Act.
24 A person or body that is engaged or funded under a State contract to provide family violence perpetrator intervention programs or services, including trials of such programs or services, to the extent that the person or body performs functions relating to the provision of family violence perpetrator intervention programs or services.
25 The Victorian Institute of Teaching continued in operation by section 2.6.2 of the Education and Training Reform Act 2006.
26 The Victorian Curriculum and Assessment Authority continued in operation by section 2.5.2 of the Education and Training Reform Act 2006.
27 The Victorian Registration and Qualifications Authority established by section 4.2.1 of the Education and Training Reform Act 2006.
28 A Government school.
29 An operator of a non-Government school, to the extent that the operator performs student-related functions in relation to the day to day organisation, management and administration of a non-Government school.
30

The Secretary to the Department of Education, to the extent that—

(a)   that Department manages or delivers programs which support the educational outcomes of children and young people involved in the criminal justice system; or

(b)   that Department manages or delivers programs which support educational outcomes for children and young people in out of home care; or

(c)   that Department manages or delivers student support services to assist children and young people with learning, mental health and developmental barriers; or

(d)   that Department manages or delivers emergency and critical incident management, security, and incident management programs and services for registered schools; or

(e)   that Department manages or delivers programs and services to assist children and young people with vision impairments; or

(f)    that Department manages or delivers chaplaincy programs to support the emotional wellbeing of students; or

(g)   that Department manages the approval and regulation of education and care services; or

(h)   that Department manages the approval and regulation of children's services under the Children's Services Act 1996; or

(i)    that Department manages or delivers programs and services to support cultural engagement and improved outcomes for Aboriginal children and young people; or

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

(k)   that Department provides school nursing programs; or

(l)    the Secretary performs functions as the head of an entity to which the reportable conduct scheme applies; or

(m)  that Department performs a risk management function in relation to a child or group of children who are or were enrolled at a Government school.
31 An approved provider of a relevant education and care service located in Victoria to the extent that the approved provider performs child-related functions in relation to the day to day organisation, management and administration of the service.

       *                *                *                *                *
33 A person or body that is engaged or funded under a State contract to provide mental health support services, to the extent that the person or body performs functions relating to the provision of mental health support services in Government schools.
34 A person or body that is engaged or funded under a State contract to provide education support to children and young people experiencing chronic health conditions, to the extent that the person or body performs functions relating to the provision of those services at the Royal Children's Hospital.
35 A person or body that is engaged or funded under a State contract by the Department of Education to provide early intervention services to children and young people at risk of disengaging with education, to the extent that the person or body performs functions relating to the provision of those services.
36 A person or body that is engaged or funded under a State contract by the Department of Education to provide re-engagement services to children and young people at risk of disengaging with education, to the extent that the person or body performs functions relating to the provision of those services.

       *                *                *                *                *
39 A person or body that is engaged or funded under a State contract by the Department of Education to manage or deliver programs which support educational outcomes for children and young people in out of home care, to the extent that the person or body performs functions relating to the provision of programs to support educational outcomes for children and young people in out of home care.
40 A person or body that is engaged or funded under a State contract by the Department of Education to manage or deliver student support services to assist children and young people with learning, mental health and developmental barriers, to the extent that the person or body performs functions relating to the provision of services to assist children and young people with learning, mental health and developmental barriers.
41

A body that operates under the auspices of the Catholic Church and that provides support or services to Catholic schools, to the extent that the body performs functions relating to—

(a)   student wellbeing or safety; or

(b)   the promotion and management of professional ethics and conduct; or

(c)   learning diversity.
42 Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986.
43 A registered funded agency within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a registered funded agency.
44 A multi-purpose service within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a multi-purpose service.
45 A registered agency within the meaning of the Housing Act 1983, to the extent that it performs the functions of a registered agency.
46 A registered medical practitioner who practises in the medical profession as a general practitioner in Victoria.
47 A general practice nurse who is employed by, or whose services are otherwise retained by, a general practice in Victoria.
48 A person or body that is engaged or funded under a State contract to provide case management support for at risk social housing tenants to assist to establish or sustain a tenancy, to the extent that the person or body delivers those services.
49 A person or body that provides settlement or targeted casework services specifically for migrants, refugees or asylum seekers, to the extent that the person or body provides settlement or casework services for migrants, refugees or asylum seekers.
50 A person or body that is engaged or funded under a State contract to provide specialist forensic disability accommodation services, to the extent that the person or body performs functions relating to the provision of specialist forensic disability accommodation services.
51 An approved provider of a residential care service within the meaning of the Aged Care Act 1997 (Commonwealth) that provides State funded residential aged care services, including State funded residential aged care homes but not including supported residential services within the meaning of section 3(1) of the Supported Residential Services (Community Visitors) Act 2010.
52 A person or body that is engaged or funded under a State contract to provide supported playgroups, to the extent that the person or body performs functions relating to supported playgroups.
53 A registered community health centre within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a registered community health service.
54 An incorporated association that is engaged or funded under a State contract to provide a Bush Nursing Centre, to the extent that the incorporated association performs functions relating to the provision of a Bush Nursing Centre.
55 The Victorian Disability Worker Commission established under section 21(1) of the Disability Service Safeguards Act 2018.
56 The Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018.
57 A court official within the meaning of section 3(1) of the Magistrates' Court Act 1989.
58 A court official within the meaning of section 3(1) of the Children, Youth and Families Act 2005.

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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 (Information Sharing) Regulations 2018, S.R. No. 119/2018 were made on 4 September 2018 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 27 September 2018: regulation 3.

The Child Wellbeing and Safety (Information Sharing) Regulations 2018 will sunset 10 years after the day of making on 4 September 2028 (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 (Information Sharing) Regulations 2018 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2020, S.R. No. 135/2020

Date of Making: 15.12.20
Date of Commencement: 19.4.21: reg. 3

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2021, S.R. No. 30/2021

Date of Making: 13.4.21
Date of Commencement: 19.4.21: reg. 3

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2022, S.R. No. 119/2022

Date of Making: 18.10.22
Date of Commencement: 1.11.22: reg. 3

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2023, S.R. No. 82/2023

Date of Making: 15.8.23
Date of Commencement: 30.8.23: reg. 3

Child Wellbeing and Safety (Information Sharing) Amendment Regulations 2025, S.R. No. 62/2025

Date of Making: 1.7.25
Date of Commencement: 2.7.25: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.

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