Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 (Vic)

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Version No. 002

Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021

No. 51 of 2021

Version as at


1 April 2023

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Guiding principles

Part 2—Victorian Collaborative Centre for Mental Health and Wellbeing

Division 1—Establishment, functions and powers

5Establishment

6Official seal

7Centre represents the Crown

8Functions of the Centre

9Powers of the Centre

10Centre to enter into agreements with designated mental health service and academic institution

Division 2—Board

11Board

12Functions of the Board

13Remuneration

14Terms of office

15Resignation

16Removal from office

17Chairperson

18Acting chairperson

19Meetings of the Board

20Establishment of committees

21Guidelines

22Delegation

Division 3—Directors and staff

23Directors

24Acting Director

25Functions and powers of the Directors

26Delegation

27Staff

Division 4—Directions, guidelines, statements of priorities and strategic plans

28Minister may issue directions

29Minister may issue guidelines

30Statement of priorities

31Strategic plan

Division 5—Reports

32Annual report

33Reports to the Minister and the Secretary

34Reports to the Minister

Division 6—Information collection

35Centre may collect information

Part 3—General

36Review of operation of Centre's governance model

37Regulations

Part 4—Amendment of other Acts and repeal of this Part

Division 1—Mental Health Act 2014

38Definitions

39Investigation

Division 2—Public Administration Act 2004

40Persons with functions of public service body Head

Division 3—Repeal of this Part

41Repeal of amending Part

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021

No. 51 of 2021

Version as at


1 April 2023

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to establish the Victorian Collaborative Centre for Mental Health and Wellbeing; and

(b)to make consequential amendments to other Acts.

2Commencement

(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act (other than section 11(7) or (8)) does not come into operation before 1 October 2022, it comes into operation on that day.

(3)If section 11(7) or (8) does not come into operation before 1 April 2023, it comes into operation on that day.

3Definitions

In this Act—

acting chairperson means the acting chairperson appointed under section 18;

acting Director means an acting Director appointed under section 24;

Board means the Board of the Centre established under section 11;

Centre means the Victorian Collaborative Centre for Mental Health and Wellbeing established by section 5;

chairperson means the chairperson appointed under section 17;

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

designated mental health service has the same meaning as in the Mental Health Act 2014;

Director means a Director appointed under section 23;

public sector employee has the same meaning as in the Public Administration Act 2004;

Secretary means the Secretary to the Department of Health;

strategic plan means a plan prepared under section 31.

4Guiding principles

(1)It is the intention of the Parliament that a person performing a function or exercising a power conferred by this Act use their best endeavours to do so in a way that is consistent with the following principles—

(a)mental health and wellbeing is shaped by the social, cultural, economic and physical environments in which people live and is a shared responsibility of society;

(b)the inherent dignity of people living with mental illness or psychological distress is to be respected and the necessary holistic support required to ensure their full and effective participation in society is to be provided;

(c)the family members and carers of people living with mental illness or psychological distress are to have their contributions recognised and supported;

(d)comprehensive mental health and wellbeing treatment, care and support services are to be provided on an equitable basis to those who need them and as close as possible to their communities;

(e)collaboration and communication is to occur between services within and beyond the mental health and wellbeing system and at all levels of government;

(f)responsive, high-quality mental health and wellbeing services attract a skilled and diverse workforce;

(g)people living with mental illness or psychological distress, their family members, carers, and local communities, are central to the planning and delivery of mental health treatment, care and support services;

(h)mental health and wellbeing services are to be informed by continuing research, evaluation, and innovation, to respond to community needs now and into the future.

(2)The Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action.


PART 2—VICTORIAN COLLABORATIVE CENTRE FOR MENTAL HEALTH AND WELLBEING

Division 1—Establishment, functions and powers

5Establishment

(1)The Victorian Collaborative Centre for Mental Health and Wellbeing is established.

(2)The Centre—

(a)is a body corporate with perpetual succession; and

(b)has an official seal; and

(c)may sue and be sued; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

6Official seal

(1)The official seal of the Centre must—

(a)be kept in custody as directed by the Centre; and

(b)not be used except as authorised by the Centre.

(2)All courts must take judicial notice of the official seal of the Centre affixed to a document and, until the contrary is proved, presume that it was duly affixed.

7Centre represents the Crown

In performing its functions and exercising its powers, the Centre represents the Crown.

8Functions of the Centre

The Centre has the following functions—

(a)to provide, promote and coordinate the provision of mental health and wellbeing services;

(b)to assist service providers to facilitate and improve access to mental health and wellbeing services;

(c)to provide or arrange the provision of specialist support services and care for persons who have experienced trauma;

(d)to develop strategies for conducting research, and applying and disseminating research findings, in the field of mental health and wellbeing having regard to any priorities for research determined by the Board in accordance with section 12(f);

(e)to conduct, promote and coordinate research in the field of mental health and wellbeing, including in collaboration with other persons and entities;

(f)to provide, promote and coordinate activities that support the continuing education and professional development of service providers and persons who work or conduct research in the field of mental health and wellbeing;

(g)to provide advice and guidance to service providers and practitioners in relation to the provision of mental health and wellbeing services;

(h)to report to the Minister and the Secretary on matters relevant to its functions;

(i)to perform any other function conferred on the Centre by or under this Act or any other Act.

9Powers of the Centre

The Centre has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

10Centre to enter into agreements with designated mental health service and academic institution

(1)Subject to the Minister's approval, the Centre must enter into an agreement with another designated mental health service to assist the Centre in performing its functions.

(2)Subject to the Minister's approval, the Centre must enter into an agreement with an academic institution that conducts research in the field of mental health and wellbeing to assist the Centre in performing its functions.

Division 2—Board

11Board

(1)The Centre must have a governing body called the Board.

(2)The Board—

(a)is responsible for the management of the Centre; and

(b)may exercise the powers of the Centre.

(3)The Board consists of—

(a)a chairperson; and

(b)a deputy chairperson; and

(c)not fewer than 7, and not more than 10, other members.

(4)The members of the Board must be appointed by the Governor in Council on the recommendation of the Minister.

(5)In making a recommendation to the Governor in Council, the Minister must have regard to the need for members of the Board to have experience, skills or knowledge that are relevant to the functions of the Board.

(6)In making a recommendation to the Governor in Council, the Minister must be satisfied that—

(a)at least 2 members of the Board are persons who identify as experiencing, or as having experienced, mental illness or psychological distress; and

(b)at least 2 members of the Board are persons who identify as caring for or supporting, or as having cared for or supported, a person with mental illness or psychological distress.

(7)In making a recommendation to the Governor in Council, the Minister must be satisfied that at least one member of the Board is a representative of the designated mental health service with which the Centre has entered into an agreement under section 10(1).

(8)In making a recommendation to the Governor in Council, the Minister must be satisfied that at least one member of the Board is a representative of the academic institution with which the Centre has entered into an agreement under section 10(2).

(9)A person is not eligible to be appointed to the Board if the person is a member of the Parliament of Victoria, of another State or a Territory or of the Commonwealth.

12Functions of the Board

The functions of the Board are—

(a)to determine the strategic direction and priorities of the Centre; and

(b)to establish a governance framework for the Centre and to monitor the Centre's compliance with that governance framework; and

(c)to prepare strategic plans and statements of priorities for the Centre; and

(d)to advise the Minister and the Secretary of any significant decisions of the Board and any issues of public concern or risk that affect or may affect the Centre; and

(e)to monitor the performance of the Centre and the Directors; and

(f)to determine, in consultation with the Secretary, priorities for research in the field of mental health and wellbeing; and

(g)to establish committees to assist or advise the Board in performing any of its functions; and

(h)to determine standards and indicators to assess each Director's performance of their duties.

13Remuneration

(1)A member of the Board (other than a member who is a public sector employee) is entitled to be paid any remuneration, and any travelling and other allowances, that are fixed by the Governor in Council.

(2)A member of the Board who is a public sector employee is entitled to be paid any travelling and other allowances that are fixed by the Governor in Council.

(3)For the purposes of subsection (1), the Governor in Council may fix different remuneration for different classes of member.

14Terms of office

(1)A member of the Board—

(a)holds office for the period (not exceeding 3 years) that is specified in the instrument of appointment; and

(b)subject to subsection (2), is eligible for reappointment.

(2)A member of the Board may not hold office for more than 9 consecutive years unless the Minister is satisfied that exceptional circumstances exist which justify the member holding office for a longer period.

15Resignation

A member of the Board may resign from office by written notice given to the Governor in Council.

16Removal from office

The Governor in Council, on the recommendation of the Minister, may remove a member of the Board from office if the member—

(a)becomes unable, for any reason, to perform the duties of the office; or

(b)engages in improper conduct; or

(c)is found guilty of an offence, the commission of which makes them, in the Minister's opinion, unsuitable to be a member of the Board; or

(d)becomes an insolvent under administration; or

(e)fails to attend meetings of the Board without the approval of the Board for a period of 6 months.

17Chairperson

(1)The Governor in Council, on the recommendation of the Minister, must appoint a member of the Board to be the chairperson.

(2)The chairperson—

(a)holds office for the period (not exceeding 3 years) that is specified in the instrument of appointment; and

(b)is eligible for reappointment but may not hold office for more than 9 consecutive years unless the Minister is satisfied that exceptional circumstances exist which justify the member holding office for a longer period.

(3)The chairperson may resign from the office of chairperson by written notice given to the Governor in Council.

18Acting chairperson

(1)If the office of chairperson is vacant, the Board must appoint one of the members as acting chairperson.

(2)An acting chairperson—

(a)holds office for the period (not exceeding 6 months) that is determined by the Board; and

(b)may not be appointed for a further period unless the Minister approves the appointment.

(3)An acting chairperson has and may exercise all the powers, and has and must perform all the functions, of the chairperson.

19Meetings of the Board

(1)The chairperson—

(a)may at any time convene a meeting of the Board; and

(b)must convene a meeting of the Board when requested by a member of the Board to do so.

(2)Subject to this Act, the Board may regulate its own proceedings.

(3)The chairperson or, in the chairperson's absence, the acting chairperson or, in the absence of both the chairperson and the acting chairperson, a member elected by the members at the meeting, must preside at a meeting of the Board.

(4)The quorum for a meeting of the Board—

(a)is a majority of the members of the Board for the time being; and

(b)must include at least 2 members referred to in section 11(6).

(5)A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting on the question.

(6)The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.

(7)The Board may permit members to participate in a particular meeting by—

(a)telephone; or

(b)closed-circuit television; or

(c)any other means of electronic or instantaneous communication.

(8)A member of the Board who participates in a meeting under subsection (7) is to be taken to be present at the meeting.

20Establishment of committees

(1)The Board may establish one or more committees—

(a)to assist the Board in performing any of its functions; or

(b)to provide expert advice on any matter relating to the Board's functions.

(2)The members of a committee are to be appointed by the Board.

(3)Each member of a committee is to—

(a)have expertise in the matters to be considered by the committee; or

(b)identify as experiencing, or having experienced, mental illness or psychological distress; or

(c)identify as caring for or supporting, or having cared for or supported, a person with mental illness or psychological distress.

(4)The Board may decide the matters to be considered by a committee.

21Guidelines

(1)The Board may issue guidelines for or with respect to the performance of the Directors' functions including the sharing of responsibilities.

(2)In issuing guidelines, the Board may have regard to each Director's experience and professional skills.

(3)The Board may vary or revoke any guidelines issued under this section.

(4)The Directors must comply with any guidelines issued under this section.

22Delegation

The Board, by instrument, may delegate to any of the following persons any function or power of the Board other than this power of delegation—

(a)a member of the Board;

(b)a Director;

(c)both Directors (either jointly or jointly and severally);

(d)a person referred to in section 27.

Division 3—Directors and staff

23Directors

(1)The Board, with the approval of the Minister, must appoint 2 Directors of the Centre, of whom—

(a)one is a person who—

(i)has worked, or is working, in academia in the field of mental health; and

(ii)has worked, or is working, in clinical practice as a practitioner; and

(b)one is a person who—

(i)identifies as experiencing, or as having experienced, mental illness or psychological distress; and

(ii)has demonstrated the ability to apply their experience with mental illness or psychological distress to improve systems that deliver health or human services or to develop policy.

(2)A person who is appointed as a Director must not be a member of the Board.

(3)The appointment of a Director is to be an executive appointment under Part 3 of the Public Administration Act 2004.

(4)In this section—

practitioner means—

(a)a mental health practitioner within the meaning of section 3(1) of the Mental Health Act 2014; or

(b)a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student).

24Acting Director

(1)If either office of Director is vacant, the Board—

(a)in the case of a vacancy of less than 3 months—may appoint an acting Director; or

(b)in the case of a vacancy of 3 months or more—must appoint an acting Director.

(2)An acting Director holds office—

(a)if the vacancy is less than 3 months, for a period that is determined by the Board; or

(b)if the vacancy is 3 months or more, for a period that is determined by the Board and approved by the Minister.

(3)An acting Director has and must perform all the functions, and has and may exercise all the powers, of a Director.

25Functions and powers of the Directors

(1)The functions of the Directors are—

(a)to manage the day-to-day operation of the Centre; and

(b)to ensure that the Centre uses its resources effectively and efficiently; and

(c)to establish and maintain the organisational structure of the Centre; and

(d)to ensure that the Board's decisions are implemented; and

(e)to implement the Board's plans for the development of services; and

(f)to assist the Board in the performance of its functions including by providing a secretariat; and

(g)to prepare material for consideration by the Board including reports, statements of priorities and strategic plans; and

(h)to inform the Board of any issues of public concern or risk that affect or may affect the Centre; and

(i)to perform any function delegated by the Board.

(2)A Director has the power to do all things that are necessary or convenient to be done to perform their functions.

26Delegation

The Directors, by instrument, may jointly delegate to a person referred to in section 27 any function or power of the Directors.

Note

See also section 42A of the Interpretation of Legislation Act 1984.

27Staff

(1)The Centre may employ under Part 3 of the Public Administration Act 2004 any staff necessary for the performance of its functions.

(2)The Centre may enter into agreements or arrangements for the use of any staff of a Department, statutory authority or other public sector body.

(3)The Centre may engage a person with suitable qualifications or experience to assist the Centre in the performance of its functions or the exercise of its powers under this Act or any other Act.

Division 4—Directions, guidelines, statements of priorities and strategic plans

28Minister may issue directions

(1)The Minister may issue a written direction to the Centre about the performance of the Centre's functions.

(2)The Centre must comply with a direction issued under this section.

29Minister may issue guidelines

(1)The Minister may issue guidelines about the performance of the Centre's, or the Board's, functions.

(2)The Minister must ensure that the guidelines are published in the Government Gazette.

(3)The Minister may amend or revoke any guidelines issued under this section by notice published in the Government Gazette.

(4)The Centre or the Board (as the case requires) must comply with any guidelines issued under this section.

30Statement of priorities

(1)The Board, in consultation with the Secretary, must prepare a statement of priorities for the Centre for each financial year.

(2)The Board must give a copy of the statement of priorities to the Minister for approval on or before 1 October in each year.

(3)If the Board and the Minister do not agree on a statement of priorities on or before 1 October, the Minister may make a statement of priorities for the financial year.

(4)A statement of priorities must specify—

(a)the services to be provided by the Centre and the funds to be provided to the Centre; and

(b)the objectives, priorities and key performance outcomes to be met by the Centre; and

(c)the performance indicators, targets or other measures against which the Centre's performance is to be assessed and monitored; and

(d)how and when the Centre must report to the Minister and the Secretary on its performance in relation to the specified objectives, priorities and key performance outcomes; and

(e)such other matters as are—

(i)agreed by the Minister and the Board; or

(ii)determined by the Minister.

(5)A statement of priorities may be amended at any time if the Board and the Minister agree.

(6)If the Board and the Minister fail to agree to a proposed amendment of a statement of priorities within 28 days after the amendment is proposed, the Minister may—

(a)amend the statement of priorities; or

(b)refuse to the amend the statement of priorities.

(7)The Minister may publish the statement of priorities on the Department's website.

31Strategic plan

(1)The Board must—

(a)prepare a strategic plan for the Centre every 3 years; and

(b)submit the strategic plan to the Minister for approval on or before the date determined by the Minister.

(2)A strategic plan must include—

(a)a statement of intent, being information about the objectives, activities and performance measures of the Centre for the next 3-year period; and

(b)any other information that the Minister directs.

(3)The Minster may—

(a)approve the strategic plan—

(i)as submitted; or

(ii)subject to any amendment specified by the Minister; or

(b)refuse to approve the strategic plan and direct the Board to amend it—

(i)as specified by the Minister; and

(ii)within the time specified by the Minister.

(4)The Minister may revoke a direction under subsection (3)(b) if, following advice from the Board, the Minister is satisfied that the direction would result in a strategic plan that is unreasonable or not possible to implement.

(5)A strategic plan may be amended at any time with the Minister's agreement.

(6)The Board must publish a strategic plan that has been approved by the Minister on the Centre's website.

Division 5—Reports

32Annual report

(1)As soon as practicable after the end of each financial year, the Board must submit a report to the Minister that includes—

(a)a review of its activities during the financial year; and

(b)a review of its implementation of its strategic plan; and

(c)any other information specified in writing by the Minister.

(2)The Minister must cause a report under subsection (1) to be laid before each House of the Parliament within 14 sitting days of that House after it is received by the Minister.

33Reports to the Minister and the Secretary

(1)The Board must report to the Minister and the Secretary—

(a)any significant decisions of the Board; and

(b)any issues of public concern or risk that affect, or may affect, the Centre.

(2)The Board must include in a report under subsection (1) any advice that the Minister or the Secretary may require on the matters contained in it.

34Reports to the Minister

(1)The Minister, by written notice, may request the Board to report to the Minister on—

(a)its activities; and

(b)compliance with its duties and obligations; and

(c)implementation of its strategic plan; and

(d)any other matter specified by the Minister.

(2)The Board must comply with a request under subsection (1) within the time specified in the notice.

Division 6—Information collection

35Centre may collect information

(1)To the extent necessary to conduct research in the field of mental health and wellbeing, the Centre may collect any of the following information about an individual from a body specified in subsection (2)—

(a)health information (within the meaning of the Health Records Act 2001);

(b)personal information (within the meaning of the Privacy and Data Protection Act 2014);

(c)identifiers (within the meaning of the Health Records Act 2001);

(d)unique identifiers (within the meaning of the Victorian Data Sharing Act 2017).

(2)For the purposes of subsection (1), the following bodies are specified—

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

(b)a public service body (within the meaning of the Public Administration Act 2004);

(c)a public entity (within the meaning of the Public Administration Act 2004);

(d)Victoria Police (within the meaning of the Victoria Police Act 2013);

(e)a body prescribed for the purposes of paragraph (d) of the definition of data sharing body in section 3(1) of the Victorian Data Sharing Act 2017;

(f)a court or tribunal.

(3)This section does not affect the operation of—

(a)the Health Records Act 2001; or

(b)the Privacy and Data Protection Act 2014; or

(c)the Victorian Data Sharing Act 2017.


PART 3—GENERAL

36Review of operation of Centre's governance model

(1)The Minister must cause a review to be conducted of the first 5 years of operation of—

(a)Division 2 of Part 2; and

(b)Division 3 of Part 2 (other than section 27); and

(c)Division 4 of Part 2 (other than section 31).

(2)The person who undertakes the review must give the Minister a written report of the review.

(3)The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 12 months after the fifth anniversary of the commencement of this Act.

37Regulations

(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; and

(c)confer a discretionary authority or impose a duty on a specified person or a specified class of person.


PART 4—AMENDMENT OF OTHER ACTS AND REPEAL OF THIS PART

Division 1—Mental Health Act 2014

38Definitions

(1)In section 3(1) of the Mental Health Act 2014, in the definition of designated mental health service

(a)in paragraph (f), after "Health;" insert "or";

(b)after paragraph (f) insert

"(g)the Victorian Collaborative Centre for Mental Health and Wellbeing;".

(2)In section 3(1) of the Mental Health Act 2014, in the definition of values directive, for "2016." substitute "2016;".

(3)In section 3(1) of the Mental Health Act 2014 insert the following definition—

"Victorian Collaborative Centre for Mental Health and Wellbeing means the Victorian Collaborative Centre for Mental Health and Wellbeing established by section 5 of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021.".

(4)In section 3(1) of the Mental Health Act 2014, in the definition of police officer, for "means a member of the force within the meaning of" substitute "has the same meaning as in".

39Investigation

In section 169(4) of the Mental Health Act 2014, for "subclause" substitute "subsection".

Division 2—Public Administration Act 2004

40Persons with functions of public service body Head

(1)In section 16(1)(m) of the Public Administration Act 2004, for "Authority." substitute "Authority;".

(2)After section 16(1)(m) of the Public Administration Act 2004 insert

"(n)the chairperson (within the meaning of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021) in relation to the Victorian Collaborative Centre for Mental Health and Wellbeing.".

Division 3—Repeal of this Part

41Repeal of amending Part

This Part is repealed on 1 April 2024.

Note

The repeal of this Part 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 Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 13 October 2021

Legislative Council: 28 October 2021

The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Collaborative Centre for Mental Health and Wellbeing, to make consequential amendments to other Acts and for other purposes."

The Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 was assented to on 30 November 2021 and comes into operation as follows:

Sections 1–11(6), 11(9)–41 on 1 September 2022: Special Gazette (No. 422) 23 August 2022 page 1.

Sections 11(7)(8) on 1 April 2023: section 2(3).

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 by Acts and subordinate instruments.

3   Explanatory details

No entries at date of publication.

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