Children, Youth and Families Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Children, Youth and Families Amendment Regulations 2016 S.R. No. 72/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Prescribed information holder 2 6 Prescribed class of employees for the purposes of compulsory disclosure 2 7 Notice of direction given by the Secretary 3 8 Matters to be considered by a Court in making a permanent care order 3 9 Prescribed forms for warrants 3 10 Terms and conditions of a youth parole order 3 11 New regulation 34AA inserted 3 12 Form 6 of Schedule 2 4 13 Form 16 of Schedule 4 4 ═══════════════ Endnotes 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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 -- 2 of 6 -- Children, Youth and Families Amendment Regulations 2016 S.R. No. 72/2016 Authorised by the Chief Parliamentary Counsel 2 (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. 2 Authorising provision These Regulations are made under section 600 of the Children, Youth and Families Act 2005. 3 Commencement These Regulations come into operation on 1 July 2016. 4 Principal Regulations In these Regulations, the Children, Youth and Families Regulations 20071 are called the Principal Regulations. 5 Prescribed 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.". 6 Prescribed class of employees for the purposes of compulsory disclosure In regulation 14(b) of the Principal Regulations, for "worker" substitute "practitioner". -- 3 of 6 -- Children, Youth and Families Amendment Regulations 2016 S.R. No. 72/2016 Authorised by the Chief Parliamentary Counsel 3 7 Notice of direction given by the Secretary In regulation 17 of the Principal Regulations omit "and section 285(2)". 8 Matters 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;". 9 Prescribed forms for warrants In regulation 27(5) of the Principal Regulations, for "sections 456(5) and" substitute "section". 10 Terms and conditions of a youth parole order In regulation 29 of the Principal Regulations, for "sections 454(4) and" substitute "section". 11 New 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; -- 4 of 6 -- Children, Youth and Families Amendment Regulations 2016 S.R. No. 72/2016 Authorised by the Chief Parliamentary Counsel 4 (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.". 12 Form 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". 13 Form 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". ═══════════════ -- 5 of 6 -- Endnotes Children, Youth and Families Amendment Regulations 2016 S.R. No. 72/2016 Authorised by the Chief Parliamentary Counsel 5 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. -- 6 of 6 --