Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
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 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2—Amendment of the Child Wellbeing and Safety Act 2005 3
4 Purposes 3
5 Definitions 3
6 New section 5A inserted 5
7 New Division heading inserted in Part 6 6
8 New Divisions 2 to 7 of Part 6 inserted 6
Part 3—Amendment of the Commission for Children and Young
People Act 2012 30
9 Delegation 30
10 Authorised persons 30
11 Review of administration of Working with Children Act 2005 31
12 Disclosers protected 31
13 Confidentiality 31
Part 4—Amendment of the Children, Youth and Families Act 2005 32
14 New section 20B inserted 32
15 Constitution of Suitability Panel for hearings 33
16 Internal review 33
17 Release on parole from youth residential centre or youth
justice centre 33
18 Transitional provision 33
Part 5—Repeal of amending Act 34
19 Repeal of amending Act 34
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Endnotes 35
1 General information 35
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Authorised Version
1
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
1 Purposes
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
Victoria
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(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.
2 Commencement
(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.
3 Principal Act
In this Act, the Child Wellbeing and Safety
Act 2005 is called the Principal Act.
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Part 2—Amendment of the Child Wellbeing
and Safety Act 2005
4 Purposes
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".
5 Definitions
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
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(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;".
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6 New 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.
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(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.".
7 New Division heading inserted in Part 6
After the heading to Part 6 of the Principal Act
insert—
"Division 1—Child Safe Standards".
8 New Divisions 2 to 7 of Part 6 inserted
After section 23 of the Principal Act insert—
"Division 2—The Commission
24 Objectives 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—
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(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.
25 Functions 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
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(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
26 Requests 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.
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27 Requests 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.
28 Requests 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.
29 Inspection 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.
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(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.
30 Notice 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
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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.
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(4) The Commission, by further written
notice given at any time, may vary or
revoke a notice to produce.
31 Notice 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;
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(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.
32 Non-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.
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33 Application 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.
34 Civil 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;
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(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.
35 Protection 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.
36 Assistance 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.
37 Avoiding unnecessary duplication with
other authorities
The Commission, in overseeing and
enforcing compliance by a relevant entity
with the Child Safe Standards—
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(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).
38 Consultation 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.
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(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.
39 Service 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
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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
40 Definitions
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.
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41 Matters 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.
41A Disclosures 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.
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41B Disclosure 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.
41C Disclosure 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.
41D Disclosure 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—
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(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.
41E Disclosure 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.
41F Disclosure 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.
41G Disclosure 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.
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41H Disclosing 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.
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(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
41I Internal 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.
41J Application 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—
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(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
41K Report 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—
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(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.
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(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.
41L Matters 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.
41M Commission 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.
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Division 7—Reporting to Parliament
41N Application 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.
41O Giving 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.
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(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.
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(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.".
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Part 3—Amendment of the Commission for
Children and Young People Act 2012
9 Delegation
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".
10 Authorised 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.".
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11 Review 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".
12 Disclosers 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.".
13 Confidentiality
(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".
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Part 4—Amendment of the Children, Youth
and Families Act 2005
14 New 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.
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(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.".
15 Constitution of Suitability Panel for hearings
In section 103(1) of the Children, Youth
and Families Act 2005, for "is be" substitute
"is to be".
16 Internal review
In section 331(2) of the Children, Youth and
Families Act 2005, for "section 167" substitute
"section 168".
17 Release 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".
18 Transitional provision
In the heading to section 618 of the Children,
Youth and Families Act 2005, for "Caypins"
substitute "CAYPINS".
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Part 5—Repeal of amending Act
19 Repeal 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
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Endnotes
1 General information
See www.legislation.vic.gov.au 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."
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