Untitled document

Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016

No. 63 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of the Child Wellbeing and Safety Act 2005

4Purposes

5Definitions

6New section 5A inserted

7New Division heading inserted in Part 6

8New Divisions 2 to 7 of Part 6 inserted

Part 3—Amendment of the Commission for Children and Young People Act 2012

9Delegation

10Authorised persons

11Review of administration of Working with Children Act 2005

12Disclosers protected

13Confidentiality

Part 4—Amendment of the Children, Youth and Families Act 2005

14New section 20B inserted

15Constitution of Suitability Panel for hearings

16Internal review

17Release on parole from youth residential centre or youth justice centre

18Transitional provision

Part 5—Repeal of amending Act

19Repeal of amending Act

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Endnotes

1      General information

Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016

No. 63 of 2016

[Assented to 15 November 2016]

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 to provide for the oversight and enforcement of compliance by certain entities with standards in relation to child safety; and

(b)to amend the Commission for Children and Young People Act 2012 in relation to review and reporting obligations under that Act and to make consequential amendments to that Act; and

(c)to amend the Children, Youth and Families Act 2005 to provide for the publication of certain information.

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 September 2017, 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 the Child Wellbeing and Safety Act 2005

4Purposes

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

"(e)to provide for the oversight and enforcement by the Commission for Children and Young People of compliance by certain entities with standards in relation to child safety; and".

5Definitions

In section 3(1) of the Principal Act insert the following definitions—

"authorised person has the same meaning as it has in the Commission for Children and Young People Act 2012;

Commission means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

court means the Magistrates' Court;

Department has the same meaning as it has in the Public Administration Act 2004;

head of a relevant entity means—

(a)an individual who is primarily responsible for—

(i)engaging and terminating the engagement of the relevant entity's employees; and

(ii)managing the relevant entity's employees; or

(b)a person nominated by the relevant entity; or

(c)a person or class of person prescribed to be a head of a relevant entity;

notice to comply, in Part 6, means a notice given to a relevant entity under section 31;

notice to produce, in Part 6, means a notice given to a relevant entity under section 30;

relevant authority, in relation to a relevant entity, means any of the following—

(a)a Department that is responsible for regulating the relevant entity;

(b)a Department that provides funding to the relevant entity;

(c)the Victorian Registration and Qualifications Authority;

(d)any other authority—

(i)that regulates or funds the relevant entity; and

(ii)that is prescribed to be a relevant authority;

relevant entity means—

(a)an applicable entity that is required under section 19, 20 or 21 to comply with the Child Safe Standards; or

(b)an individual who is required under section 23 to comply with the Child Safe Standards;".

6New section 5A inserted

After section 5 of the Principal Act insert—

"5A   Principles for compliance with Child Safe Standards

(1)The oversight and enforcement by the Commission of compliance by relevant entities with the Child Safe Standards should be based on the fundamental principles that—

(a)relevant entities are responsible, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, for continuously improving the ways in which, in their operations—

(i)the safety of children is promoted; and

(ii)child abuse is prevented; and

(iii)allegations of child abuse are properly responded to; and

(b)relevant authorities of relevant entities have specific knowledge of the relevant entities that they regulate or fund and an important role in overseeing and promoting compliance by those relevant entities with the Child Safe Standards; and

(c)having regard to paragraph (b), the Commission should collaborate with the relevant authorities of relevant entities for the purpose of promoting compliance by relevant entities with the Child Safe Standards.

(2)The Commission should educate and guide—

(a)relevant authorities to promote compliance by relevant entities with the Child Safe Standards; and

(b)relevant entities, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, to continuously improve the ways in which, in their operations—

(i)the safety of children is promoted; and

(ii)child abuse is prevented; and

(iii)allegations of child abuse are properly responded to.".

7New Division heading inserted in Part 6

After the heading to Part 6 of the Principal Act insert—

"Division 1—Child Safe Standards".

8New Divisions 2 to 7 of Part 6 inserted

After section 23 of the Principal Act insert—

"Division 2—The Commission

24Objectives of Commission

Without limiting section 7 of the Commission for Children and Young People Act 2012, the objectives of the Commission, in the exercise of the Commission's functions and powers under this Part, are—

(a)to promote continuous improvement by relevant entities, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, in the ways in which, in their operations—

(i)the safety of children is promoted; and

(ii)child abuse is prevented; and

(iii)allegations of child abuse are properly responded to; and

(b)to serve the public interest by promoting—

(i)the safety of children; and

(ii)the prevention of child abuse; and

(iii)the proper response to allegations of child abuse.

25Functions of Commission

(1)The Commission has the following functions in relation to the oversight and enforcement of compliance with the Child Safe Standards—

(a)to educate and provide advice to relevant authorities to promote compliance by relevant entities with the Child Safe Standards;

(b)to educate and provide advice to relevant entities to ensure, in their operations—

(i)the safety of children is promoted; and

(ii)child abuse is prevented; and

(iii)allegations of child abuse are properly responded to;

(c)to oversee and enforce compliance by relevant entities with the Child Safe Standards;

(d)to perform any other functions conferred under this Part or exercise any powers specified under this Part.

(2)In exercising its functions under this Part in respect of a relevant entity, the Commission must—

(a)consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards; and

(b)liaise with each relevant authority (if any) of the relevant entity in relation to promoting compliance by the relevant entity with the Child Safe Standards.

Division 3—Compliance with the Child Safe Standards

26Requests for information or documents

The Commission by written notice may request a relevant entity to provide any information or document that the Commission reasonably requires to determine whether the relevant entity is complying with the Child Safe Standards.

27Requests for information or documents by relevant authorities

(1)A relevant authority of a relevant entity may request the relevant entity to provide any information or document that the relevant authority reasonably requires to determine whether the relevant entity is complying with the Child Safe Standards.

(2)Subsection (1) does not apply to the extent of any inconsistency with a provision of any other Act or subordinate instrument or a term of any contract or agreement between the relevant authority and the relevant entity.

28Requests for information or documents from relevant authorities

(1)The Commission by written notice may request a relevant authority of a relevant entity to provide any information or document held by the relevant authority that the Commission reasonably requires to determine whether the relevant entity is complying with the Child Safe Standards.

(2)A relevant authority may comply with a request under subsection (1) despite anything to the contrary in any other Act.

29Inspection of premises

(1)The Commission may inspect premises at which a relevant entity—

(a)provides services or facilities for children; or

(b)engages a child to assist the relevant entity in providing the relevant entity's services or facilities.

(2)The Commission must not inspect premises under subsection (1) unless—

(a)the Commission has given written notice of the inspection at least 7 days before the date of the inspection; and

(b)the relevant entity or the head of the relevant entity consents to the inspection.

(3)Despite subsection (2)(a), in exceptional circumstances, the Commission may inspect premises without giving written notice of the inspection at least 7 days before the date of the inspection if the relevant entity or the head of the relevant entity consents to the inspection.

(4)During an inspection of premises, the Commission may—

(a)observe the activities carried out at the premises; and

(b)inspect any document that the Commission reasonably requires to inspect to determine whether the relevant entity is complying with the Child Safe Standards; and

(c)request any person to provide to the Commission any information that the Commission reasonably requires to determine whether the relevant entity is complying with the Child Safe Standards.

30Notice to produce

(1)The Commission by written notice may require a relevant entity to produce any document that the Commission reasonably requires to determine whether the relevant entity is complying with the Child Safe Standards if the Commission believes on reasonable grounds that the relevant entity is not complying, or is not reasonably likely to comply, with the Child Safe Standards.

(2)A notice under subsection (1)—

(a)must be in the prescribed form (if any); and

(b)must specify the following—

(i)the reason why the Commission believes that the relevant entity is not complying, or is not reasonably likely to comply, with the Child Safe Standards;

(ii)the document or category of document that must be produced;

(iii)the date by which the documents must be provided, being not less than 14 days after the day on which the notice is given to the relevant entity;

(iv)the maximum pecuniary penalty for failing to comply with the notice;

(v)the process for seeking an internal review of the decision to issue the notice;

(vi)the prescribed matters (if any).

(3)A relevant entity given a notice under subsection (1) must provide each document described in the notice to the Commission on or before the day specified in the notice.

(4)The Commission, by further written notice given at any time, may vary or revoke a notice to produce.

31Notice to comply

(1)The Commission may give a relevant entity a notice to comply if the Commission believes on reasonable grounds that the relevant entity is not complying with the Child Safe Standards.

(2)A notice to comply—

(a)must be in the prescribed form (if any); and

(b)must specify the following—

(i)the reason for the issue of the notice to comply;

(ii)the Child Safe Standards that the Commission believes the relevant entity is not complying with and the grounds for that belief;

(iii)the action that the relevant entity is required to take to address any issues that have been identified in the notice to comply;

(iv)the date by which the relevant entity must take the action specified in the notice to comply, being not less than 14 days after the day on which the notice is given;

(v)the maximum pecuniary penalty for failing to comply with the notice;

(vi)the process for seeking a review of the decision to issue the notice;

(vii)the prescribed matters (if any); and

(c)must be accompanied by any recommendations or advice available to assist the entity to address the issues identified in the notice.

(3)A relevant entity given a notice to comply must comply with the notice.

(4)Despite subsection (2)(b)(iv), the Commission may specify a date that is less than 14 days after the day on which the notice is given in exceptional circumstances.

(5)The Commission, by further written notice given to a relevant entity, and at any time, may vary or revoke a notice to comply.

32Non-compliance with notice to produce or notice to comply

(1)If a relevant entity fails to comply with a notice to produce or a notice to comply by the date specified in the notice, the Commission may give each relevant authority (if any) of the relevant entity any information about the relevant entity's failure to comply with the notice.

(2)The Commission may request a relevant authority to take any action that is available to the relevant authority under any applicable law, contract or agreement to promote and require compliance by the relevant entity with the Child Safe Standards.

33Application to court

(1)If a relevant entity fails to comply with a notice to produce or a notice to comply, the Commission may apply to a court for—

(a)a declaration that the relevant entity has failed to comply with the notice; and

(b)an order requiring the relevant entity to pay a pecuniary penalty.

(2)The court may make the declaration sought if the court is satisfied that—

(a)the relevant entity is an entity that is required to comply with the Child Safe Standards; and

(b)the relevant entity has failed to comply with the notice to produce or notice to comply (as the case requires); and

(c)the failure to comply was unreasonable.

34Civil penalty

(1)If a court makes a declaration under section 33(2) that a relevant entity has failed to comply with a notice to produce or a notice to comply, the court may order the relevant entity to pay to the Commission a pecuniary penalty not exceeding 60 penalty units.

(2)In determining the amount of the pecuniary penalty under subsection (1), the court must take into account the following considerations—

(a)in the case of a relevant entity that is not an individual, the size of the relevant entity;

(b)the impact of the amount of the penalty on the relevant entity;

(c)whether the non-compliance by the relevant entity with the notice to produce or notice to comply was wilful or serious. 

(3)An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding.

(4)A pecuniary penalty paid to the Commission in accordance with an order made under this section must be paid by the Commission into the Consolidated Fund.

35Protection against self-incrimination

It is a reasonable excuse for a natural person to refuse or fail to give information or do any thing that the person is requested to do under section 26 or 29 or required to do by or under section 28, 30 or 31 if the giving of the information or the doing of that other thing would tend to incriminate the person.

36Assistance to be provided

A relevant entity or the head of a relevant entity must ensure that the Commission or an authorised person is given any assistance in connection with the reasonable performance of the Commission's functions under this Part that the Commission or authorised person reasonably requires.

37Avoiding unnecessary duplication with other authorities

The Commission, in overseeing and enforcing compliance by a relevant entity with the Child Safe Standards—

(a)must liaise with the relevant authorities (if any) of the relevant entity to the extent necessary—

(i)to avoid unnecessary duplication; and

(ii)to facilitate the coordination and expedition of monitoring and enforcement activities; and

(b)may liaise with the persons referred to in section 41H to the extent necessary for the purposes referred to in paragraph (a)(i) and (ii). 

38Consultation with relevant authorities

(1)The Commission must consult with each relevant authority (if any) of a relevant entity before exercising any of the following powers in relation to the relevant entity—

(a)requesting any information or document under section 26;

(b)conducting an inspection of premises under section 29;

(c)giving the relevant entity a notice to produce under section 30;

(d)giving the relevant entity a notice to comply under section 31;

(e)making an application to the court under section 33.

(2)For the purposes of this section, in consulting with a relevant authority of a relevant entity, the Commission must provide the relevant authority with any information that is relevant to determining whether the relevant entity is complying with the Child Safe Standards.

(3)The Commission must not exercise a power referred to in subsection (1) if a relevant authority of the relevant entity advises that the relevant authority will take action—

(a)to determine whether the relevant entity is complying with the Child Safe Standards; or

(b)to promote and require compliance by the relevant entity with the Child Safe Standards.

(4)Despite subsection (3), the Commission may exercise a power referred to in subsection (1) if—

(a)the relevant authority fails, or is unable, to take the action referred to in subsection (3) within a reasonable time; and

(b)the Commission further consults with the relevant authority in relation to the exercise of the power.

39Service of documents

A notice, order or other document under this Part authorised or required by this Part to be given to a relevant entity is taken to be given to the relevant entity—

(a)if a true copy of the document is delivered personally to the relevant entity or, if the relevant entity is not an individual, the head of the relevant entity; or

(b)if a true copy of the document is left at the last known or usual place of business of the relevant entity or the head of the relevant entity with a person who apparently resides or works there and who apparently is over the age of 16 years; or

(c)by sending by post a true copy of the document addressed to the relevant entity or the head of the relevant entity at that relevant entity's last known or usual place of business; or

(d)by sending by electronic communication a true copy of the document addressed to the relevant entity or the head of the relevant entity.

Division 4—Confidentiality and disclosures of information

40Definitions

In this Division—

protected information means information acquired by a relevant person under this Part by reason of being a relevant person;

relevant person means any of the following persons—

(a)the Principal Commissioner within the meaning of the Commission for Children and Young People Act 2012;

(b)a Commissioner within the meaning of the Commission for Children and Young People Act 2012;

(c)a delegate of the Commission;

(d)an authorised person;

(e)a member of the staff of the Commission.

41Matters relevant to disclosures of information

A person must have regard to the following matters in deciding whether to disclose information under section 26, 27, 28 or 29(4)(c)—

(a)the objectives of the Commission under this Part;

(b)the public interest in promoting—

(i)the safety of children; and

(ii)the prevention of child abuse; and

(iii)the proper response to allegations of child abuse.

41ADisclosures made in good faith

A disclosure of information made under section 26, 28 or 29, or in compliance with a notice to produce or a notice to comply, in good faith—

(a)does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person who made the disclosure; and

(b)does not make the person who made the disclosure subject to any liability in respect of the disclosure; and

(c)without limiting paragraphs (a) and (b), does not constitute a contravention of—

(i)section 141 of the Health Services Act 1988; or

(ii)section 346 of the Mental Health Act 2014.

41BDisclosure of information by relevant person prohibited

A person who is or has been a relevant person must not disclose to any person, whether directly or indirectly, any protected information except to the extent necessary—

(a)to perform functions or exercise powers under this Act or the Commission for Children and Young People Act 2012; or

(b)to give information that the person is expressly authorised, permitted or required to give under this Act or any other Act.

Penalty:60 penalty units.

41CDisclosure to other relevant persons permitted

A relevant person may disclose protected information to another relevant person in connection with the performance of the Commission's functions or the exercise of the Commission's powers under this Act or the Commission for Children and Young People Act 2012.

41DDisclosure to report concerns permitted

A relevant person may disclose protected information to any of the following persons or authorities to report concerns that the Commission may have about the failure of a relevant entity, in its operations, to promote the safety of children, to prevent child abuse or to properly respond to allegations of child abuse—

(a)the Minister;

(b)the Secretary to the Department of Health and Human Services;

(c)if the relevant person considers that the concerns are relevant to a Minister of the Crown (other than the Minister), to that Minister;

(d)if the relevant person considers that the concerns are relevant to a Secretary to another Department, to that Secretary;

(e)a relevant authority of the relevant entity.

41EDisclosure to protect child permitted

A person who is or has been a relevant person may disclose protected information to prevent a serious or imminent threat of harm to the health, safety or wellbeing of a child.

41FDisclosure to court or tribunal permitted

A person who is or has been a relevant person may disclose protected information—

(a)to a court or tribunal in the course of criminal legal proceedings; or

(b)in accordance with an order of a court or tribunal made under another Act or law.

41GDisclosure to obtain legal advice permitted

A person who is or has been a relevant person may disclose protected information to an Australian legal practitioner for the purpose of obtaining legal advice or representation.

41HDisclosing information to other authorities

(1)Subject to subsection (2), a relevant person may disclose protected information to the following persons—

(a)the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

(b)the Commissioner for Privacy and Data Protection appointed under the Privacy and Data Protection Act 2014;

(c)a coroner;

(d)the Disability Services Commissioner within the meaning of the Disability Act 2006;

(e)the Health Services Commissioner within the meaning of the Health Services (Conciliation and Review) Act 1987;

(f)the Commissioner of the IBAC appointed under the Independent Broad-based Anti-corruption Commission Act 2011;

(g)the Mental Health Complaints Commissioner within the meaning of the Mental Health Act 2014;

(h)the Minister;

(i)the Ombudsman within the meaning of the Ombudsman Act 1973;

(j)the Public Advocate within the meaning of the Guardianship and Administration Act 1986;

(k)the Secretary to the Department of Health and Human Services.

(2)A relevant person must not disclose protected information to a person under subsection (1) unless the information is relevant to—

(a)the performance of the Commission's functions; or

(b)the performance of a function conferred on the person by or under an Act. 

Division 5—Review

41IInternal review

(1)A relevant entity may seek a review by the Commission of a decision of the Commission to issue a notice to produce or a notice to comply.

(2)The Commission must prepare and implement a process for the review of a decision to issue the following—

(a)a notice to produce;

(b)a notice to comply.

41JApplication to the Victorian Civil and Administrative Tribunal

(1)A relevant entity may apply to VCAT for a review of a decision of the Commission to issue a notice to comply.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the relevant entity requests a statement of reasons for the decision, the day on which—

(i)the statement of reasons is given to the relevant entity; or

(ii)the relevant entity is informed under section 46(5) of that Act that a statement of reasons will not be given.

(3)Before a relevant entity is entitled to apply to VCAT for the review of a decision referred to in subsection (1), the relevant entity must have exhausted all available avenues for the review of the decision under section 41I.

Division 6—Reporting

41KReport of compliance by relevant entities with Child Safe Standards

(1)An annual report of the operations of the Commission prepared for the purposes of section 45 of the Financial Management Act 1994 must include details of compliance by relevant entities with the Child Safe Standards during the financial year to which the report of operations relates.

(2)The Commission must give a further report of the details of compliance by relevant entities with the Child Safe Standards to the Minister and the Secretary to the Department of Health and Human Services at any time required by the Minister or the Secretary.

(3)A section of an annual report or a further report prepared in accordance with subsection (1) or (2) must include the following details (as applicable) in relation to the reporting period—

(a)the number of notices to produce that were given;

(b)the number of notices to comply that were given;

(c)the number of declarations made by the court under section 33 that a relevant entity did not comply with a notice to produce;

(d)the number of declarations made by the court under section 33 that a relevant entity did not comply with a notice to comply;

(e)the number of civil penalties ordered by the court to be paid that related to a failure to comply with a notice to produce;

(f)the number of civil penalties ordered by the court to be paid that related to a failure to comply with a notice to comply;

(g)the educational activities undertaken by the Commission.

(4)A section of an annual report or a further report prepared in accordance with subsection (1) or (2) may include the details of any persistent or recurrent systematic issues in compliance by relevant entities with the Child Safe Standards that were identified during the reporting period.

(5)If the matters reported under this section include a matter that is the responsibility of a Minister of the Crown (other than the Minister), the Commission must give a copy of the report to that Minister of the Crown.

(6)If the matters reported under this section include a matter that is the responsibility of a Secretary to a Department (other than the Department of Health and Human Services), the Commission must give a copy of the report to that Secretary.

41LMatters to be included in annual report must not include identifying information

The matters reported under section 41K must not include—

(a)information that identifies a child who uses the facilities or services of a relevant entity or who has been engaged by a relevant entity to provide facilities or services; or

(b)information from which the identity of a child referred to in paragraph (a) can be determined.

41MCommission must first give opportunity to respond to adverse comment or opinion

Despite any other provision in this Part, the Commission must not give a section of an annual report or a further report prepared in accordance with section 41K(1) or (2) to a Minister or a Secretary if—

(a)the section or report includes any comment or opinion that is adverse to a relevant entity; and

(b)the Commission has not given the relevant entity an opportunity to comment on the adverse comment or opinion.

Division 7—Reporting to Parliament

41NApplication of Division

This Division applies if—

(a)the Minister or the Secretary to the Department of Health and Human Services has required the Commission to give a further report under section 41K(2); and

(b)the Commission has given the further report, or a copy of the further report, to any of the following persons in accordance with Division 6—

(i)the Minister;

(ii)the Secretary to the Department of Health and Human Services;

(iii)any other Minister of the Crown;

(iv)a Secretary to another Department; and

(c)at least 14 days have elapsed since the persons referred to in paragraph (a) were given the report or a copy of the report.

41OGiving the report to Parliament

(1)The Commission may give a copy of the report to the clerk of each House of the Parliament.

(2)The clerk of each House of the Parliament must cause the report to be laid before the House on—

(a)the day on which it is received; or

(b)the next sitting day of the House.

(3)If the Commission proposes to give the report to Parliament when neither House of the Parliament is sitting, the Commission must—

(a)give one business day's notice of the Commission's intention to do so to the clerk of each House of the Parliament; and

(b)give the copy of the report to the clerk of each House of the Parliament on the day indicated in the notice; and

(c)cause the report to be published by the Government Printer.

(4)The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (3)(a) as soon as practicable after the clerk receives the notice.

(5)On receiving a copy of the report under subsection (3)(b), the clerk of the House of the Parliament must—

(a)as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and

(b)give a copy of the report to any member of the House on request; and

(c)cause the copy of the report to be laid before the House on the next sitting day of the House.

(6)A copy of a report that is given to the clerk of a House of the Parliament under subsection (1) or (3)(b) is taken to have been published by order, or under the authority, of that House.".

Part 3—Amendment of the Commission for Children and Young People Act 2012

9Delegation

In section 20(3)(b) of the Commission for Children and Young People Act 2012, after "section 50" insert "or under section 41O of the Child Wellbeing and Safety Act 2005".

10Authorised persons

(1)For section 22(1) of the Commission for Children and Young People Act 2012 substitute—

"(1)The Commission, by written instrument, may authorise any person to assist the Commission in performing its functions (other than a function specified in subsection (4)).".

(2)After section 22(3) of the Commission for Children and Young People Act 2012 insert—

"(4)A person may not be authorised to assist the Commission in performing the following functions—

(a)issuing a notice to comply under section 31 of the Child Wellbeing and Safety Act 2005;

(b)making an application to the Magistrates' Court under section 33 of the Child Wellbeing and Safety Act 2005.".

11Review of administration of Working with Children Act 2005

(1)For section 25(1) of the Commission for Children and Young People Act 2012 substitute—

"(1)The Commission must conduct a review of the administration of the Working with Children Act 2005 every 3 years.

(1A)The review must be conducted in relation to a period of 3 consecutive financial years.".

(2)In section 25(3) of the Commission for Children and Young People Act 2012, for "3 months after the end of each financial year" substitute "4 months after the end of each review period".

(3)In section 25(5) of the Commission for Children and Young People Act 2012, for "indentifies" substitute "identifies".

12Disclosers protected

For section 44(c)(ii) of the Commission for Children and Young People Act 2012 substitute—

"(ii)section 346 of the Mental Health Act 2014.".

13Confidentiality

(1)In section 54 of the Commission for Children and Young People Act 2012, in the definition of protected information, after "relevant person" (where first occurring) insert "under this Act".

(2)In sections 55(a) and 56 of the Commission for Children and Young People Act 2012, after "powers under this Act" insert "or under any other Act".

Part 4—Amendment of the Children, Youth and Families Act 2005

14New section 20B inserted

After section 20A of the Children, Youth and Families Act 2005 insert—

"20B   Report by Secretary

(1)The Secretary must publish on the Department's Internet site the following details for each quarter of a calendar year in which the Secretary discloses information to the Commission under section 60A of the Commission for Children and Young People Act 2012—

(a)the total number of adverse events relating to children in out of home care that were disclosed by the Secretary to the Commission in the relevant quarter;

(b)the total number of adverse events relating to individuals detained in a youth justice centre that were disclosed by the Secretary to the Commission in the relevant quarter;

(c)the total number of adverse events relating to individuals detained in a youth justice residential centre that were disclosed by the Secretary to the Commission in the relevant quarter.

(2)The details must be published within one month of the end of the relevant quarter.

(3)In this section—

Commission means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

relevant quarter means the quarter of a calendar year to which the publication of details relates.".

15Constitution of Suitability Panel for hearings

In section 103(1) of the Children, Youth and Families Act 2005, for "is be" substitute

"is to be". 

16Internal review

In section 331(2) of the Children, Youth and Families Act 2005, for "section 167" substitute "section 168".

17Release on parole from youth residential centre or youth justice centre

In section 458(8) of the Children, Youth and Families Act 2005, after "detained in" insert "a youth residential centre or".

18Transitional provision

In the heading to section 618 of the Children, Youth and Families Act 2005, for "Caypins" substitute "CAYPINS". 

Part 5—Repeal of amending Act

19Repeal of amending Act

This Act is repealed on 1 September 2018.

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: 14 September 2016

Legislative Council: 13 October 2016

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 oversight and enforcement of compliance by certain entities with standards in relation to child safety, to amend the Commission for Children and Young People Act 2012 in relation to review and reporting obligations under that Act, to amend the Children, Youth and Families Act 2005 to provide for the publication of certain information and for other purposes."