Children Legislation Amendment Act 2009

i Children Legislation Amendment Act 2009 No. 46 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005 3 3 New section 20A inserted 3 20A Disclosure of information for administrative purposes 3 4 Appointment of administrator 3 5 Period of appointment of administrator 4 6 Section 69 substituted 4 69 Powers of administrator 4 7 Revocation of appointment of administrator 5 8 Constitution of Panel 6 PART 3—AMENDMENT OF THE CHILD WELLBEING AND SAFETY ACT 2005 7 9 General functions in relation to child safety 7 10 Division 4—Inquiries into child deaths 7 11 Functions in relation to child deaths 7 12 New section 33A inserted 8 33A Functions in relation to child safety 8 13 Access to information 9 14 Disclosure by health professionals and welfare practitioners 9 15 Confidentiality 9 PART 4—REPEAL OF AMENDING ACT 10 16 Repeal of amending Act 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 Children Legislation Amendment Act 2009 † No. 46 of 2009 [Assented to 18 August 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Children, Youth and Families Act 2005— (i) to enable the disclosure of confidential information in connection with the administration or execution of that Act Victoria -- 2 of 12 -- Part 1—Preliminary Children Legislation Amendment Act 2009 No. 46 of 2009 2 and the regulations made under that Act or under a court order; and (ii) to enable the appointment of an administrator to only part of a registered community service; and (iii) to further provide for the constitution of the Suitability Panel; and (b) to amend the Child Wellbeing and Safety Act 2005— (i) to further provide for the circumstances requiring the Child Safety Commissioner to conduct inquiries into child deaths; and (ii) to give power to the Child Safety Commissioner to conduct inquiries into current or closed child protection client cases at the request of the Minister. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 12 -- Part 2—Amendment of the Children, Youth and Families Act 2005 Children Legislation Amendment Act 2009 No. 46 of 2009 3 PART 2—AMENDMENT OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005 3 New section 20A inserted After section 20 of the Children, Youth and Families Act 2005 insert— "20A Disclosure of information for administrative purposes Despite anything to the contrary in this Act, a person who discloses information obtained in connection with the administration or execution of this Act is not guilty of an offence if the disclosure is made in connection with the administration or execution of this Act or regulations under this Act or under a court order.". 4 Appointment of administrator (1) In section 67(1) of the Children, Youth and Families Act 2005, after "registered community service" insert "or part of a registered community service". (2) In section 67(1) of the Children, Youth and Families Act 2005, after "the service" insert "or the part of the service". (3) In section 67(2) of the Children, Youth and Families Act 2005, after "a registered community service" insert "or part of a registered community service". s. 3 See: Act No. 96/2005. Reprint No. 1 as at 23 April 2007 and amending Act Nos 97/2005, 23/2006, 24/2006, 51/2006, 81/2006, 24/2007, 28/2007, 56/2007, 7/2008, 8/2008, 9/2008, 12/2008, 52/2008, 68/2008, 77/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 4 of 12 -- Part 2—Amendment of the Children, Youth and Families Act 2005 Children Legislation Amendment Act 2009 No. 46 of 2009 4 5 Period of appointment of administrator (1) In section 68 of the Children, Youth and Families Act 2005 after "registered community service" insert "or the part of the service". (2) At the end of section 68 of the Children, Youth and Families Act 2005 insert— "(2) If the Minister recommends to the Governor in Council that the period of appointment of an administrator appointed under this Division be extended, the Governor in Council may, by notice published in the Government Gazette, extend the appointment of that administrator for a further period as specified in the notice.". 6 Section 69 substituted For section 69 of the Children, Youth and Families Act 2005 substitute— "69 Powers of administrator (1) An administrator appointed under this Division— (a) is deemed to be the board or other governing body of the registered community service to the extent that the Minister considers necessary for the purpose of performing functions under this Act or under an agreement under this Act; and (b) for the purposes of those functions has all the powers and may exercise any of the duties of the board or other governing body or its members; and (c) is subject to all the duties of the board or other governing body or its members. s. 5 -- 5 of 12 -- Part 2—Amendment of the Children, Youth and Families Act 2005 Children Legislation Amendment Act 2009 No. 46 of 2009 5 (2) On the day on which an administrator is appointed under this Division in respect of a registered community service for the purposes of its functions under this Act, the members of the board or other governing body cease to constitute the board or other governing body to the extent that the administrator is deemed to be the board or other governing body. (3) If an administrator is appointed in respect of part of the business of a registered community service, the administrator and the board or other governing body must ensure that there is in place a process for consultation and decision-making to enable the continuity of operation of the whole of the business of the registered community service. (4) If an administrator appointed under this Division to a registered community service, or part of a service, recommends that an allocation of funds in respect of that service under section 23 should be terminated, the Secretary may reallocate those funds with immediate effect.". 7 Revocation of appointment of administrator (1) In section 70(1) of the Children, Youth and Families Act 2005 after "registered community service" insert "or part of a registered community service". s. 7 -- 6 of 12 -- Part 2—Amendment of the Children, Youth and Families Act 2005 Children Legislation Amendment Act 2009 No. 46 of 2009 6 (2) For section 70(3) of the Children, Youth and Families Act 2005 substitute— "(3) If a notice is published under subsection (1)— (a) the board or other governing body is re-instated as the board or other governing body of the registered community service, or if its members ceased to hold office, is to be re-established by appointment or election as the case may be; and (b) on the date specified in the notice the appointment of the administrator is revoked.". 8 Constitution of Panel In section 99(1) of the Children, Youth and Families Act 2005, for "up to" substitute "at least". __________________ s. 8 -- 7 of 12 -- Part 3—Amendment of the Child Wellbeing and Safety Act 2005 Children Legislation Amendment Act 2009 No. 46 of 2009 7 PART 3—AMENDMENT OF THE CHILD WELLBEING AND SAFETY ACT 2005 9 General functions in relation to child safety For section 19(e) of the Child Wellbeing and Safety Act 2005 substitute— "(e) the functions relating to child inquiries, including child deaths, conferred by Division 4;". 10 Division 4—Inquiries into child deaths In the heading to Division 4 of Part 6 of the Child Wellbeing and Safety Act 2005 omit "into child deaths". 11 Functions in relation to child deaths (1) In section 33(1) of the Child Wellbeing and Safety Act 2005, for "3 months" substitute "12 months". (2) After section 33(1) of the Child Wellbeing and Safety Act 2005 insert— "(1A) This section applies to a child— (a) who died before the commencement of section 11 of the Children Legislation Amendment Act 2009; or (b) who dies on or after the commencement of section 11 of the Children Legislation Amendment Act 2009.". s. 9 See: Act No. 83/2005. Reprint No. 1 as at 28 November 2007 and amending Act No. 22/2008. LawToday: www. legislation. vic.gov.au -- 8 of 12 -- Part 3—Amendment of the Child Wellbeing and Safety Act 2005 Children Legislation Amendment Act 2009 No. 46 of 2009 8 (3) In section 33(4) of the Child Wellbeing and Safety Act 2005, for "3 months" substitute "12 months". (4) In section 33(5) of the Child Wellbeing and Safety Act 2005, for "Division" substitute "section". (5) For section 33(5)(a) of the Child Wellbeing and Safety Act 2005 substitute— "(a) a child is a child protection client if the child is the subject of a report under section 28, 33(2), 183 or 184 of the Children, Youth and Families Act 2005; and". 12 New section 33A inserted After section 33 of the Child Wellbeing and Safety Act 2005 insert— "33A Functions in relation to child safety (1) The Minister may recommend that an inquiry be conducted in relation to a child protection client if the Minister considers that a review of that child's case will assist in the improvement of child protection practices and the enhancement of child safety. (2) The Child Safety Commissioner must conduct an inquiry and prepare a report in relation to a child protection client that is the subject of a recommendation under subsection (1). (3) The object of an inquiry under this section is to promote continuous improvement and innovation in policies and practices relating to child protection and safety. (4) The inquiry must relate to the services provided, or omitted to be provided, to the child protection client. s. 12 -- 9 of 12 -- Part 3—Amendment of the Child Wellbeing and Safety Act 2005 Children Legislation Amendment Act 2009 No. 46 of 2009 9 (5) For the purposes of this section, a child is a child protection client if the child is, or has been at any time, the subject of a report under section 28, 33(2), 183 or 184 of the Children, Youth and Families Act 2005 (whether or not the child has died).". 13 Access to information In section 34 of the Child Wellbeing and Safety Act 2005, for "child whose death is" (wherever occurring) substitute "child who is or whose death is". 14 Disclosure by health professionals and welfare practitioners (1) In section 35(1) of the Child Wellbeing and Safety Act 2005, for "child whose death is" substitute "child who is or whose death is". (2) In section 35(2) of the Child Wellbeing and Safety Act 2005 after "that relates to" insert "a child or". (3) In section 35(3)(b)(ii) of the Child Wellbeing and Safety Act 2005, after "child deaths" insert "and child safety". 15 Confidentiality In section 40(2) of the Child Wellbeing and Safety Act 2005, for "whose death is" substitute "who is or whose death is". __________________ s. 13 -- 10 of 12 -- Part 4—Repeal of Amending Act Children Legislation Amendment Act 2009 No. 46 of 2009 10 PART 4—REPEAL OF AMENDING ACT 16 Repeal of amending Act This Act is repealed on the first anniversary of the day on which this Act receives the Royal Assent. 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). ═══════════════ s. 16 -- 11 of 12 -- Children Legislation Amendment Act 2009 No. 46 of 2009 11 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 April 2009 Legislative Council: 30 July 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005 and the Child Wellbeing and Safety Act 2005 and for other purposes." Endnotes -- 12 of 12 --