National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018 (Vic)

Version No. 001

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018

S.R. No. 138/2018

Version as at

1 October 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definition

5Prescribed laws

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018

S.R. No. 138/2018

Version as at

1 October 2018

1Objective

The objective of these Regulations is to prescribe information sharing provisions for the purposes of the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018.

2Authorising provision

These Regulations are made under section 12 of the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018.

3Commencement

These Regulations come into operation on 1 October 2018.

4Definition

In these Regulations—

the Act means the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018.

5Prescribed laws

The following provisions are prescribed laws for the purposes of section 10(4) of the Act—

(a)sections 41, 124, 191, 209 and 213 of the Children, Youth and Families Act 2005;

(b)section 140 of the Confiscation Act 1997;

(c)section 330 of the Crimes Act 1958;

(d)section 30 of the Crimes (Assumed Identities) Act 2004;

(e)section 36 of the Crimes (Controlled Operations) Act 2004;

(f)sections 84 and 85 of the Criminal Organisations Control Act 2012;

(g)section 63D of the Health Services Act 1988;

(h)sections 40 and 44 of the Independent Broad-based Anti-corruption Commission Act 2011;

(i)sections 43, 83 and 115 of the Inquiries Act 2014;

(j)sections 20 and 68 of the Major Crime (Investigative Powers) Act 2004;

(k)section 140 of the Mental Health Act 2014;

(l)sections 25B, 26A and 26F of the Ombudsman Act 1973;

(m)sections 52, 53, 74 and 81 of the Protected Disclosure Act 2012;

(n)section 48B of the Public Health and Wellbeing Act 2008;

(o)section 17 of the Public Interest Monitor Act 2011;

(p)section 64 of the Sex Offenders Registration Act 2004;

(q)sections 9C, 11, 12, 24 and 30E of the Surveillance Devices Act 1999;

(r)section 22 of the Telecommunications (Interception) (State Provisions) Act 1988;

(s)sections 13ZJ, 37 and 37A of the Terrorism (Community Protection) Act 2003;

(t)sections 33, 34, 35 and 39 of the Victorian Inspectorate Act 2011;

(u)section 10 of the Witness Protection Act 1991.

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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 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018, S.R. No. 138/2018 were made on 25 September 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 12 of the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018, No. 21/2018 and came into operation on 1 October 2018: regulation 3.

The National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018 will sunset 10 years after the day of making on 25 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

There are no amendments made to the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.