Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2022 (Vic)

Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2022

S.R. No. 123/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Prescribed information sharing entity a CIP data custodian

7Regulation 8 substituted

8Schedule 1 amended

9Schedule 2 amended

10Schedule 3 amended

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Endnotes

statutory rules 2022

S.R. No. 123/2022

Family Violence Protection Act 2008

Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 18 October 2022

Responsible Minister:

ROS SPENCE
Minister for Prevention of Family Violence

SAMUAL WALLACE

Clerk of the Executive Council

1    Objective

The objective of these Regulations is to amend the Family Violence Protection (Information Sharing and Risk Management) Regulations 2018—

(a)to prescribe certain court officials to be CIP data custodians for the purposes of Part 5A of the Family Violence Protection Act 2008; and

(b)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

(c)to make the Secretary to the Department of Families, Fairness and Housing the Central Information Point for the purposes of Part 5A of the Family Violence Protection Act 2008; and

(d)to make various changes to the prescription of persons and bodies as information sharing entities, risk assessment entities and framework organisations for the purposes of Parts 5A and 11 of the Family Violence Protection Act 2008.

2Authorising provisions

These Regulations are made under sections 210A, 210B and 211 of the Family Violence Protection Act 2008.

3Commencement

These Regulations come into operation on 1 November 2022.

4Principal Regulations

In these Regulations, the Family Violence Protection (Information Sharing and Risk Management) Regulations 2018[1] are called the Principal Regulations.

5Definitions

In regulation 4(1) 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 supported playgroup, for "Health and Human Services" substitute "Families, Fairness and Housing";

(c)the definition of Family Safety Victoria is revoked;

(d)in the definition of Risk Assessment and Management Panel meeting, for "Family Safety Victoria" substitute "Department of Families, Fairness and Housing".

6Prescribed information sharing entity a CIP data custodian

In regulation 7 of the Principal Regulations—

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

(b)after paragraph (c) insert—

"(ca)a court official within the meaning of section 3(1) of the Children, Youth and Families Act 2005;".

7Regulation 8 substituted

For regulation 8 of the Principal Regulations substitute—

"8   Secretary to the Department of Families, Fairness and Housing is the Central Information Point

For the purposes of section 144O(1) of the Act, the Secretary to the Department of Families, Fairness and Housing is the Central Information Point.".

8Schedule 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 (i), for "1983; or" substitute "1983.";

(c)paragraph (j) is revoked.

(2)In column 2 of item 9 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 the Act.".

(3)After item 30 in Schedule 1 to the Principal Regulations insert—

"30AThe Secretary to the Department of Health to the extent that that Department provides maternal and child health advice through a state-wide telephone service.".

(4)In column 2 of item 53 in Schedule 1 to the Principal Regulations—

(a)in paragraph (i), for "young people." substitute "young 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 57, 62 and 63 in Schedule 1 to the Principal Regulations are revoked.

9Schedule 2 amended

In Schedule 2 to the Principal Regulations—

(a)in column 2 of item 2, for "Health and Human Services" substitute "Families, Fairness and Housing";

(b)in item 9, 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 the Act.".

10Schedule 3 amended

(1)In column 2 of item 2 in Schedule 3 to the Principal Regulations, for "Health and Human Services" substitute "Families, Fairness and Housing".

(2)In column 2 of item 9 in Schedule 3 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 the Act.".

(3)After item 9 in Schedule 3 to the Principal Regulations insert— 

"9AThe Department of Health.".

(4)Items 29, 50, 55 and 56 in Schedule 3 to the Principal Regulations are revoked.

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Endnotes

[1] Reg. 4: S.R. No. 14/2018 as amended by S.R. Nos 136/2018 and 139/2020.