Commission for Children and Young People Act 2012

Version No. 008

Commission for Children and Young People Act2012

No. 79 of 2012

Version incorporating amendments as at
1 July 2016

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Child protection client 8

5 Vulnerable children and young persons 8

Part 2—Commission for Children and YoungPeople 10

Division 1—The Commission 10

6 Establishment of Commission 10

7 Objective of Commission 10

8 Functions of Commission 10

9 Powers of Commission 11

10 Functions of Principal Commissioner 12

Division 2—Principal Commissioner and additionalCommissioners 12

11 Appointment of Principal Commissioner 12

12 Appointment of additional Commissioner 13

13 Remuneration and allowances 13

14 Terms and conditions of appointment 13

15 Vacancy and resignation 14

16 Removal from office 14

17 Acting Principal Commissioner 15

18 Acting Commissioner 15

19 Application of Public Administration Act 2004 16

Division 3—General 16

20 Delegation 16

21 Staff 17

22 Authorised persons 17

23 Assistance to be provided 18

Part 3—Working with children 19

24 Functions in relation to working with children 19

25 Review of administration of Working with Children Act2005 19

26 Assistance to be provided 20

27 Access to records 20

Part 4—Monitoring out of home careservices 21

28 Functions in relation to children in out of home care 21

29 Assistance to be provided 21

30 Access to records 21

Part 5—Inquiries 23

Division 1—Preliminary 23

31 Object of inquiries 23

32 Avoiding unnecessary duplication 23

33 Police and coronial powers and functions not limited 23

Division 2—Inquiries concerning death of child protection clients 23

34 Commission must conduct inquiry into death of child protection client 23

35 Secretary must notify Commission of death of child protection client 24

36 Date of death of child irrelevant 24

Division 3—Inquiries concerning children or youngpersons 24

37 Commission may conduct inquiry concerning child or young person 24

38 Minister may recommend inquiry 25

Division 4—Inquiries concerning provision ofservices 25

39 Commission may conduct inquiry concerning provision of services 25

40 Minister may recommend inquiry 26

Division 5—Conduct of inquiries 27

41 Commission to notify Ministers of certain inquiries 27

42 Access to information 27

43 Disclosures by relevant professionals 28

44 Disclosers protected 29

45 Protection against self-incrimination 30

Division 6—Reporting to Ministers and theSecretary 30

46 Commission must give report to Minister and Secretary 30

47 Commission must give report to other Minister 30

48 Commission must first give opportunity to respond to adverse comment or opinion 30

Division 7—Reporting to Parliament 31

49 Application of Division 31

50 Giving the report to Parliament 32

51 Report containing identifying information must not be given to Parliament 33

52 Commission may publish report on Internet 34

Division 8—Disclosing information to otherauthorities 34

53 Disclosing information to other authorities 34

Part 6—Confidentiality 36

54 Definition 36

55 Disclosure of information prohibited 36

56 Disclosure to other relevant person permitted 36

57 Disclosure to court or tribunal permitted 37

58 Disclosure for purpose of obtaining legal advice permitted 37

59 Disclosure of Working with Children information 37

60 Disclosure of information to Minister or Secretary 37

60A Disclosure of information by Secretary 38

Part 7—General 39

61 Mandatory notification of corrupt conduct to IBAC 39

62 Regulations 39

Part 8—Saving and transitional provisions 40

63 Definitions 40

64 General savings provisions 40

65 Child Safety Commissioner abolished 40

66 References to the Child Safety Commissioner 40

67 Old child death inquiries 41

68 New child death inquiries 41

69 Old child safety inquiries 41

70 Division 3 inquiries relating to provision of services before commencement day 42

71 Confidentiality 42

72 First annual report 43

73 Transitional provision—Tabling of reports of certain inquiries under Division3 43

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Endnotes 45

1 General information 45

2 Table of Amendments 47

3 Amendments Not in Operation 49

4 Explanatory details 51

Version No. 008

Commission for Children and Young People Act2012

No. 79 of 2012

Version incorporating amendments as at
1 July 2016

Part 1—Preliminary

Commission for Children and Young People Act2012
No. 79 of 2012

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to establish a Commission for Children and Young People; and

(b) to provide for the functions, powers and duties of the Commission; and

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 April 2013, it comes into operation on that day.

3 Definitions

In this Act—

authorised person means a person authorised by the Commission under section 22;

S.3 def. of central register repealedby No.8/2016 s.23.

* * * * *

child means a person who is under the age of 18years;

child protection client has the meaning given by section 4;

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

Commissioner means an additional Commissioner appointed under section 12;

S.3 def. of community service insertedby No.61/2014 s.155.

community service has the same meaning as it hasin the Children, Youth and Families Act 2005;

corrupt conduct has the same meaning as it has in the Independent Broad-based Anticorruption Commission Act 2011;

Department of Justice means the Department of Justice as established under the Public Administration Act 2004;

education professional means—

(a) a person who is registered as a teacher under the Education and Training Reform Act 2006 or has been granted permission to teach under that Act; or

(b) the principal of a Government school or a non-Government school within the meaning of the Education and Training Reform Act 2006; or

(i) an education and care service within the meaning of the Education and Care Services National Law (Victoria); or

(ii) a children's service within the meaning of the Children's Services Act 1996;

function includes a duty;

health professional means—

(a) a medical practitioner; or

(b) a nurse; or

(d) a midwife;

S. 3 def. of health service amendedby No. 63/2015 s.14.

health service means—

(a) a relevant health service within the meaning of section 141 of the Health Services Act 1988; or

(b) a mental health service provider within the meaning of the Mental Health Act2014; or

(d) an entity that receives funding under a State contract to provide drug or alcohol treatment services;

human service means—

(a) a children's service within the meaning of the Children's Services Act 1996; or

(b) an education and care service within the meaning of the Education and Care Services National Law (Victoria); or

(c) an entity that receives funding under a State contract to provide disability services to a person with a disability within the meaning of the Disability Act 2006; or

(d) an entity that receives funding under a State contract to provide services in relation to family violence or sexual assault; or

(e) an entity that receives funding from the Secretary under a State contract to provide family support services; or

(f) an entity that receives funding under a State contract to provide assistance in providing housing services or other assistance to homeless persons;

IBAC means the Independent Broad-based Anticorruption Commission established under the Independent Broad-based Anticorruption Commission Act 2011;

IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;

Maternal and Child Health Centre means a centre where health advice is provided to parents and other caregivers of children under 6 years of age, including by outreach programs;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

midwife means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b) in the register of midwives kept for that profession;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

out of home care service has the same meaning as it has in the Children, Youth and Families Act 2005;

S.3 def. of police officer insertedby No.37/2014 s.10(Sch. item 22.1).

police officer has the same meaning as in the Victoria Police Act 2013;

post-secondary qualification means a qualification from an institution, person orbody providing or offering to provide (whether in or outside Victoria) postsecondary education as defined in theEducation and Training Reform Act2006 (whether or not that institution, person or body has since ceased to exist) andincludes a qualification from a postsecondary education provider as definedin that Act;

primary family carer, in relation to a child, means the child's parent or guardian, or another person, who has daily care and control of the child, whether or not that care involves custody of the child;

Principal Commissioner means the Principal Commissioner appointed under section 11;

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

registered community service has the same meaning as it has in the Children, Youth and Families Act 2005;

school has the same meaning as it has in the Education and Training Reform Act 2006;

Secretary means the Secretary to the Department of Human Services established under the Public Administration Act 2004;

State contract means a contract entered into for or on behalf of the State;

vulnerable child or young person has the meaning given by section 5;

welfare practitioner means—

(a) a person with a post-secondary qualification in youth, social or welfarework who works in the health, education, community or welfare services field in a capacity that requires that person to hold such a qualification; or

(b) a person employed under Part 3 of thePublic Administration Act 2004 toperform the duties of a child, adolescent and family welfare officer; or

youth justice centre has the same meaning as it has in the Children, Youth and Families Act 2005;

youth justice client means—

(a) a person in respect of whom any of the following orders is in force—

(i) a probation order under section380 of the Children, Youth and Families Act 2005;

(ii) a youth supervision order within the meaning of the Children, Youth and Families Act 2005;

(iii) a youth attendance order within the meaning of the Children, Youth and Families Act 2005; or

(b) a child who is detained awaiting—

(i) trial; or

(ii) the hearing of a charge; or

(iii) sentence; or

(i) in a youth justice centre; or

(ii) in a youth residential centre; or

(d) a child awaiting sentence in respect of whom a pre-sentence report has been ordered under—

(i) section 414(2), 430I or section571 of the Children, Youth and Families Act 2005; or

(ii) Division 1A of Part 3 of the Sentencing Act 1991;

youth justice unit has the same meaning as it has in the Children, Youth and Families Act2005;

youth residential centre has the same meaning as it has in the Children, Youth and Families Act 2005.

4 Child protection client

In this Act, a person is a child protection client if—

(a) he or she is the subject of a report under section 28, 33(2), 183 or 184 of the Children, Youth and Families Act 2005; and

S.4(b) amendedby No.8/2016 s.24.

(b) the Secretary has not recorded that the person's case is closed.

5 Vulnerable children and young persons

In this Act, vulnerable child or young person includes—

(a) a child or young person who is or was a child protection client;

(b) a youth justice client;

(d) a child who is receiving or has received services from a registered community service;

(e) a child whose primary family carer is receiving or has received services from a registered community service;

(f) a child who has died from abuse or neglect;

S.5(g) amendedby No.61/2014 s.156.

(g) a person under the age of 21 years who is leaving, or who has left, the care of the Secretary to live independently.

Note

See section 16(1)(g) of the Children, Youth and Families Act 2005.

Part 2—Commission for Children and YoungPeople

Division 1—The Commission

6 Establishment of Commission

(1) The Commission for Children and Young People is established.

(2) The Commission is to be constituted by the Principal Commissioner.

7 Objective of Commission

The objective of the Commission is to promote continuous improvement and innovation in—

(a) policies and practices relating to the safety and wellbeing of—

(i) vulnerable children and young persons; and

(ii) children and young persons generally; and

(b) the provision of out of home care services for children.

8 Functions of Commission

(1) The functions of the Commission are—

(a) to provide advice to Ministers, Government Departments, health services and human services about policies, practices and the provision of services relating to the safety or wellbeing of vulnerable children and young persons; and

(b) to promote the interests of vulnerable children and young persons in the Victorian community; and

(c) to monitor and report to Ministers on the implementation and effectiveness of strategies relating to the safety or wellbeing of vulnerable children and young persons; and

(d) to provide advice and recommendations to the Minister about child safety issues, at the request of the Minister; and

(e) to promote child-friendly and child-safe practices in the Victorian community; and