Untitled document

Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015

No. 63 of 2015

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Child Wellbeing and Safety Act 2005

Division 1—Child Safe Standards

4Purposes

5Definitions

6New Part 6 inserted

7Section 47 substituted

8New Schedules 1 and 2 inserted

Division 2—Other amendments

9Role of the Secretary in relation to Aboriginal communities

10Constitution of Council

11Constitution of Board

12Early notification of births

13What must be done once notice is received?

Part 3—Amendments to other Acts

14Commission for Children and Young People Act 2012

15Education and Training Reform Act 2006

Part 4—Repeal of amending Act

16Repeal of amending Act

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Endnotes

1      General information

Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015

No. 63 of 2015

[Assented to 1 December 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Child Wellbeing and Safety Act 2005—

(i)to provide for the Minister to make standards in relation to child safety with which certain entities must comply; and

(ii)to otherwise improve the operation of that Act; and

(b)to amend the Commission for Children and Young People Act 2012 to improve the operation of that Act; and

(c)to amend the Education and Training Reform Act 2006 in relation to the definition of child abuse.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2016, it comes into operation on that day.

3Principal Act

In this Act, the Child Wellbeing and Safety Act 2005 is called the Principal Act.

Part 2—Amendment of Child Wellbeing and Safety Act 2005

Division 1—Child Safe Standards

4Purposes

After section 1(c) of the Principal Act insert—

"(d)to provide for the Minister to make standards in relation to child safety with which certain entities must comply; and".

5Definitions

(1)In section 3 of the Principal Act, in the definition of nurse, for "student)." substitute "student);".

(2)In section 3 of the Principal Act insert the following definitions—

"applicable entity means—

(a)an incorporated body or association; or

(b)an unincorporated body or association (however structured); or

(c)an individual who—

(i)carries on a business; and

(ii)engages contractors, employees or volunteers to assist the business in providing services or facilities;

category 1 entity means an applicable entity that is referred to in Schedule 1;

category 2 entity means an applicable entity that—

(a)is referred to in Schedule 2; and

(b)is not referred to in Schedule 1;

child abuse includes—

(a)any act committed against a child involving—

(i)a sexual offence; or

(ii)an offence under section 49B(2) of the Crimes Act 1958; and

(b)the infliction, on a child, of—

(i)physical violence; or

(ii)serious emotional or psychological harm; and

(c)the serious neglect of a child;

Child Safe Standards means the standards made under section 17(1);

State contract has the same meaning as it has in the Commission for Children and Young People Act 2012.".

(3)At the end of section 3 of the Principal Act insert—

"(2)A reference in this Act to the provision of a service or facility by an applicable entity applies, in relation to an applicable entity that is an individual carrying on a business, as a reference to the provision of the service or facility by the business.".

6New Part 6 inserted

After Part 5 of the Principal Act insert—

"Part 6—Child Safe Standards

17Minister may make Child Safe Standards

(1)The Minister may make standards to ensure that in the operations of applicable entities—

(a)the safety of children is promoted; and

(b)child abuse is prevented; and

(c)allegations of child abuse are properly responded to.

(2)The Minister must publish the Child Safe Standards in the Government Gazette.

(3)An amendment to the Child Safe Standards has effect—

(a)on the day that is 30 days after the day that the amendment is published in the Government Gazette; or

(b)on a later day that is specified in the amendment.

18Governor in Council may specify day for compliance with Child Safe Standards

The Governor in Council may, by notice published in the Government Gazette, specify a day for the purposes of section 19.

19Category 1 and 2 entities must comply with Child Safe Standards

(1)A category 1 entity must comply with the Child Safe Standards on and after the specified day unless—

(a)the entity is exempt under section 22; or

(b)the regulations provide that the entity is exempt from this requirement; or

(c)the entity is prescribed under section 20 or belongs to a class prescribed under section 21.

(2)A category 2 entity must comply with the Child Safe Standards on and after the first anniversary of the specified day unless—

(a)the entity is exempt under section 22; or

(b)the regulations provide that the entity is exempt from this requirement; or

(c)the entity is prescribed under section 20 or belongs to a class prescribed under section 21.

(3)Regulations made for the purposes of subsection (1)(b) or (2)(b) may prescribe—

(a)a class of applicable entity that is to be exempt from the requirement to comply with the Child Safe Standards; or

(b)an applicable entity (other than an individual) that is to be exempt from that requirement.

(4)In this section—

specified day means the day specified by the Governor in Council under section 18.

20Prescribed applicable entity must comply with Child Safe Standards

(1)A prescribed applicable entity must comply with the Child Safe Standards on and after the date prescribed in respect of that entity.

(2)Regulations made for the purposes of subsection (1) may only prescribe an applicable entity that is not an individual.

21Applicable entity belonging to a prescribed class must comply with Child Safe Standards

An applicable entity that belongs to a prescribed class must comply with the Child Safe Standards on and after the day prescribed in respect of that class unless the entity is exempt under section 22.

22Exemption from requirement to comply with Child Safe Standards

An applicable entity is exempt from a requirement to comply with the Child Safe Standards under section 19(1) or (2) or 21 if the entity does not do any of the following—

(a)provide any services specifically for children;

(b)provide any facilities specifically for use by children who are under the entity's supervision;

(c)engage a child as a contractor, employee or volunteer to assist the entity in providing services or facilities.

23Application of Child Safe Standards to businesses not carried on by applicable entities

(1)This section applies to an individual—

(a)who is not an applicable entity; and

(b)who carries on a business that belongs to a prescribed class and that provides—

(i)services specifically for children; or

(ii)facilities specifically for use by children who are under the individual's supervision.

(2)The individual must comply with the Child Safe Standards on and after the day prescribed in respect of the prescribed class of business.".

7Section 47 substituted

For section 47 of the Principal Act substitute—

"47   Regulations

(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of general or limited application; and

(b)differ according to differences in time, place or circumstances.".

8New Schedules 1 and 2 inserted

After Part 8 of the Principal Act insert—

"Schedule 1—Category 1 entities

1An applicable entity that operates a registered school within the meaning of the Education and Training Reform Act 2006.

2An applicable entity registered under Division 3 of Part 4.3 of the Education and Training Reform Act 2006 in respect of an accredited senior secondary course or registered senior secondary qualification.

3An applicable entity that is approved, under section 4.5.1 of the Education and Training Reform Act 2006, to provide a specified course to students from overseas.

4An applicable entity that is approved, under section 4.5A.1 of the Education and Training Reform Act 2006, as suitable to operate a student exchange program.

5An approved provider within the meaning of the Education and Care Services National Law (Victoria).

6A children's service within the meaning of the Children's Services Act 1996.

7An applicable entity that receives funding under a State contract to provide early therapeutic intervention specifically for children with a disability, additional needs or developmental delay.

8An applicable entity that operates a Maternal and Child Health Centre.

9A hospital listed in Schedule 1 to the Health Services Act 1988 as a public hospital.

10A public health service within the meaning of the Health Services Act 1988.

11A hospital listed in Schedule 2 to the Health Services Act 1988 as a denominational hospital.

12An applicable entity that operates a private hospital within the meaning of the Health Services Act 1988.

13An applicable entity that operates a day procedure centre within the meaning of the Health Services Act 1988.

14A multi purpose service within the meaning of the Health Services Act 1988.

15A registered community health centre within the meaning of the Health Services Act 1988.

16A disability service provider within the meaning of the Disability Act 2006.

17A mental health service provider within the meaning of the Mental Health Act 2014.

18An applicable entity that receives funding under a State contract to provide drug or alcohol treatment services.

19An applicable entity that receives funding under a State contract to provide services in relation to family violence or sexual assault.

20An applicable entity that receives funding under a State contract to provide support services for parents and families.

21An applicable entity that receives funding under a State contract to provide housing services or other assistance to homeless persons.

22An applicable entity that receives funding under a State contract to provide youth services.

23An applicable entity that receives funding under a State contract to provide child protection services.

24An out of home care service within the meaning of the Children, Youth and Families Act 2005.

25A Department within the meaning of the Public Administration Act 2004.

26An applicable entity that is constituted by or under any Act and that has functions of a public nature.

27A council.

Schedule 2—Category 2 entities

1A religious body within the meaning of section 81 of the Equal Opportunity Act 2010.

2A charity.

3A non-profit body within the meaning of the Electronic Transactions (Victoria) Act 2000.

4A post-secondary education institution within the meaning of the Education and Training Reform Act 2006.

5A post-secondary education provider within the meaning of the Education and Training Reform Act 2006.

6An applicable entity that operates a school other than—

(a)a registered school within the meaning of the Education and Training Reform Act 2006; or

(b)a place at which home schooling takes place in accordance with a registration under section 4.3.9 of that Act.

7An applicable entity that operates a residential facility for a boarding school.

8An applicable entity that provides coaching or tuition services specifically for children.

9An applicable entity that provides counselling or other support services specifically for children.

10An applicable entity, other than a disability service provider within the meaning of the Disability Act 2006, that provides disability services.

11A youth organisation—

(a)in which children participate; or

(b)that provides activities in which children participate.

Examples

1 The Girl Guides Association of Victoria incorporated by section 3 of the Girl Guides Association Act 1952.

2 The Boy Scouts Association, Victorian Branch incorporated by section 3 of the Scout Association Act 1932.

12An applicable entity that provides cultural, sporting or recreational services specifically for children.

13An applicable entity that provides gym or play facilities specifically for children.

14An applicable entity that runs talent or beauty competitions in which children participate.

15An applicable entity that provides overnight camps for children.

16An applicable entity that provides photography services specifically for children.

17An applicable entity that provides professional babysitting services.

18An applicable entity that provides, on a publicly funded or commercial basis, a transport service specifically for children.

19An applicable entity that provides entertainment and party services specifically for children.

20An applicable entity that employs a child and that is required to hold a permit issued under the Child Employment Act 2003 for that employment.".

Division 2—Other amendments

9Role of the Secretary in relation to Aboriginal communities

In section 7 of the Principal Act, for "Department of Human Services" substitute "Department of Health and Human Services".

10Constitution of Council

In section 9(3) of the Principal Act, for "subsection (1)(b)" substitute "subsection (1)".

11Constitution of Board

In section 14 of the Principal Act—

(a)in paragraph (c), for "Department of Human Services" substitute "Department of Health and Human Services";

(b)in paragraph (d), for "Department of Education and Early Childhood Development" substitute "Department of Education and Training";

(c)in paragraph (e), for "Department of Justice" substitute "Department of Justice and Regulation";

(d)paragraph (f) is repealed.

12Early notification of births

In section 43(1)(c) of the Principal Act, for "Department of Education and Early Childhood Development" substitute "Department of Education and Training".

13What must be done once notice is received?

In section 45(b) of the Principal Act, for "Department of Education and Early Childhood Development" substitute "Department of Education and Training".

Part 3—Amendments to other Acts

14Commission for Children and Young People Act 2012

In section 3 of the Commission for Children and Young People Act 2012, in the definition of health service, for paragraph (b) substitute—

"(b)a mental health service provider within the meaning of the Mental Health Act 2014; or".

15Education and Training Reform Act 2006

In section 1.1.3(1) of the Education and Training Reform Act 2006, for the definition of child abuse substitute—

"child abuse has the same meaning as it has in the Child Wellbeing and Safety Act 2005;".

Part 4—Repeal of amending Act

16Repeal of amending Act

This Act is repealed on 1 July 2017.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 October 2015

Legislative Council: 12 November 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Child Wellbeing and Safety Act 2005 to provide for the Minister to make standards in relation to child safety with which certain entities must comply and to make amendments to the Commission for Children and Young People Act 2012 and the Education and Training Reform Act 2006 and for other purposes."