Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015

Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015

No. 57 of 2015

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Principal officers of Aboriginal agencies

4Definitions

5Delegation

6Secretary may authorise principal officer of Aboriginal agency to act

7New sections 18A to 18D inserted

8Internal review

9New section 332 inserted

10Review by Victorian Civil and Administrative Tribunal

Part 3—Repeal of amending Act

11Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015[†]

No. 57 of 2015

[Assented to 18 November 2015]

Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015
No. 57 of 2015

The Parliament of Victoriaenacts:

Part 3—Repeal of amending Act

Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015
No. 57 of 2015

Part 1—Preliminary

1Purpose

The main purpose of this Act is to amend the Children, Youth and Families Act2005 to make further provision in relation to the authorisation of a principal officer of an Aboriginal agency.

2Commencement

(1)This Part and section 5 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 1October2016, it comes into operation on that day.

3Principal Act

In this Act, the Children, Youth and Families Act 2005 is called the Principal Act.

Part 2—Principal officers of Aboriginal agencies

4Definitions

In section 3(1) of the Principal Actinsert the following definition—

"principal officer, in relation to an Aboriginal agency, means the chief executive officer (bywhatever name called) of the Aboriginal agency;".

5Delegation

Section 17(1)(e) of the Principal Act is repealed.

6Secretary may authorise principal officer of Aboriginal agency to act

(1)After section 18(2) of the Principal Act insert—

"(2A)Before giving an authorisation, the Secretary must provide the Aboriginal agency and the principal officer with all information that is known to the Secretary and that is reasonably necessary to assist the Aboriginal agency and the principal officer to make an informed decision as to whether or not to agree to the authorisation.".

(2)After section 18(6) of the Principal Act insert—

"(7)On the revocation of an authorisation under this section, the principal officer must provide the Secretary with all of the records that have been created by or on behalf of the Aboriginal agency, or provided to the Aboriginal agency, in respect of the child as a result of the authorisation.".

7New sections 18A to 18D inserted

After section 18 of the Principal Act insert—

"18A Powers and functions of acting principal officer

(1)This section applies if a person is appointed to act as the principal officer of an Aboriginal agency during—

(a)a vacancy in the office of the principal officer; or

(b)any period when the principal officer is unable to perform the functions of the principal officer's office, whether because of illness, absence or for any other reason.

(2)The person who is acting as the principal officer is authorised to perform the functions and exercise the powers specified in an authorisation under section18 in respect of the Aboriginal child who is the subject of the authorisation as if—

(a)the person were the principal officer; and

(b)the person has all the functions, powers and duties of the principal officer under this Act.

(3)This section applies even if the person acting as the principal officer is not an Aboriginal person.

18BDelegation by principal officer of Aboriginal agency

The principal officer of an Aboriginal agency may, by instrument, delegate to any person or class of person employed by the Aboriginal agency any function or power that the principal officer has been authorised under section18 to perform or exercise, except this power of delegation.

18CDisclosure of information by Secretary to principal officer of Aboriginal agency

(1)For the purposes of section18, the Secretary may disclose to the principal officer of an Aboriginal agency any informationthat is otherwise prohibitedfrom being disclosed under this Act.

(2)Subsection (1) applies despite anything to the contrary in this Act.

(3)Subsection (1) is subject to any contrary direction by a court.

(4)Information referred to in subsection(1) may only be disclosed by the Secretary to the extent that it relates to an Aboriginal child who is or is to be the subject of an authorisation of the principal officer under section18.

18DUse of information disclosed to Aboriginal agency and principal officer

(1)A person must not disclose information provided by the Secretary to an Aboriginal agency or the principal officer of an Aboriginal agency under section 18(2A) to any other person unless the disclosure is—

(a)to a person employed by that Aboriginal agency; and

(b)for the purpose of assisting the Aboriginal agency and the principal officer to make an informed decision as to whether or not to agree to an authorisation.

Penalty:10 penalty units.

(2)Subsection (1) does not apply to a principal officer of an Aboriginal agency who is authorised under section 18 in respect of the child to whom the information relates.".

8Internal review

After section 331(2) of the Principal Act insert—

"(3)This section does not apply to a decision of a principal officer of an Aboriginal agency who is authorised under section 18 to perform specified functions or exercise specified powers of the Secretary in respect of an Aboriginal child.".

9New section 332 inserted

After section 331 of the Principal Act insert—

"332 Internal review—decision of principal officer of Aboriginal agency

(1)The principal officer of an Aboriginal agency who is authorised under section18 in respect of an Aboriginal child must prepare and implement procedures for the review within the Aboriginal agency of decisions made as part of the decision-making process under the authorisation.

(2)The principal officer must ensure that a copyof the procedures prepared under subsection(1) is given to the child and the child's parent, together with the copy of the case plan required to be given under section168 (if applicable), as soon as practicable after the authorisation under section18 is given.".

10Review by Victorian Civil and Administrative Tribunal

(1)In section 333(1)(a) of the Principal Act, for "concerning the child." substitute "concerning the child; or".

(2)After section 333(1)(a) of the Principal Act insert—

"(b)without limiting paragraph (a), a decision contained in a case plan prepared in respect of the child under section168 by the principal officer of an Aboriginal agency or any other decision made by the principal officer concerning the child under an authorisation under section18.".

(3)In section 333(3) of the Principal Act, for "section331" substitute "section 331 or 332".

Part 3—Repeal of amending Act

11Repeal of amending Act

This Act is repealed on 1October 2017.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015
No. 57 of 2015

Endnotes

1General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

[†] Minister's second reading speech—

Legislative Assembly: 16 September 2015

Legislative Council: 22 October 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act2005 to make further provision in relation to the authorisation of the principal officers of Aboriginal agencies and for other purposes."