Untitled document

Children, Youth and Families Amendment Regulations 2016

S.R. No. 72/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Prescribed information holder

6Prescribed class of employees for the purposes of compulsory disclosure

7Notice of direction given by the Secretary

8Matters to be considered by a Court in making a permanent care order

9Prescribed forms for warrants

10Terms and conditions of a youth parole order

11New regulation 34AA inserted

12Form 6 of Schedule 2

13Form 16 of Schedule 4

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Endnotes

STATUTORY RULES 2016

S.R. No. 72/2016

Children, Youth and Families Act 2005

Children, Youth and Families Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 28 June 2016

Responsible Minister:

MARTIN PAKULA
Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Children, Youth and Families Regulations 2007—

(a)to prescribe particulars for the issue of warrants to arrest in electronic form for the purposes of section 528B of the Children, Youth and Families Act 2005, inserted by the Justice Legislation Further Amendment Act 2016; and

(b)to prescribe a person in charge of a registered disability service provider under the Disability Act 2006 as an information holder for the purposes of paragraph (n) of the definition of information holder in section 3(1) of the Children, Youth and Families Act 2005; and

(c)to amend the prescribed class of employees for the purposes of compulsory disclosure; and

(d)to amend the matters to be considered by the Court in making a permanent care order; and

(e)to make minor amendments for consistency with the Victoria Police Act 2013 and the Children, Youth and Families Act 2005.

2Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3Commencement

These Regulations come into operation on 1 July 2016.

4Principal Regulations

In these Regulations, the Children, Youth and Families Regulations 2007[1] are called the Principal Regulations.

5Prescribed information holder

In regulation 6 of the Principal Regulations—

(a)in paragraph (e), for "care." substitute "care;";

(b)after paragraph (e) insert—

"(f)a person in charge of a registered disability service provider under the Disability Act 2006.".

6Prescribed class of employees for the purposes of compulsory disclosure

In regulation 14(b) of the Principal Regulations, for "worker" substitute "practitioner".

7Notice of direction given by the Secretary

In regulation 17 of the Principal Regulations omit "and section 285(2)".

8Matters to be considered by a Court in making a permanent care order

In regulation 18 of the Principal Regulations—

(a)in paragraph (e) omit "cultural identity and";

(b)after paragraph (e) insert—

"(ea)the capacity of the person or persons to preserve a child's identity and connection to the child's culture of origin and relationships with the child's birth family;".

9Prescribed forms for warrants

In regulation 27(5) of the Principal Regulations, for "sections 456(5) and" substitute "section".

10Terms and conditions of a youth parole order

In regulation 29 of the Principal Regulations, for "sections 454(4) and" substitute "section".

11New regulation 34AA inserted

After regulation 34 of the Principal Regulations insert—

"34AA   Prescribed particulars for the issue of warrants in electronic form

For the purposes of section 528B of the Act, the following particulars are prescribed in the case of a warrant to arrest—

(a)name, address (if known) and, to the extent specified by the person issuing the warrant, any other details of the person to be arrested;

(b)the reasons for issuing the warrant, including any relevant charges;

(c)whether the warrant is directed to a named police officer or generally to all police officers;

(d)what powers are granted to the person empowered to execute the warrant;

(e)legislative provision under which the warrant is issued;

(f)if endorsed for bail, the conditions that would be imposed on the granting of bail;

(g)date and location of issue of warrant;

(h)name and office of the person issuing the warrant.".

12Form 6 of Schedule 2

In Form 6 of Schedule 2 to the Principal Regulations—

(a)for "(Sections 282(2), 285(2))" substitute "(Section 282(2))";

(b)for "*282(2)/*285(2)" substitute "282(2)";

(c)omit "*Delete if not applicable".

13Form 16 of Schedule 4

In Form 16 of Schedule 4 to the Principal Regulations—

(a)for "(Sections 456(5) and 460(5))" substitute "(Section 460(5))";

(b)for "member of the police force" substitute "police officer".

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ENDNOTES

[1] Reg. 4: S.R. No. 21/2007. Reprint No. 1 as at 27 March 2013. Reprinted to S.R. No. 35/2012. Subsequently amended by S.R. Nos 140/2013, 91/2014, 160/2014 and 27/2016.