Children, Youth and Families (Consequential and Other Amendments) Act 2006
Act No.
table of provisions
ClausePage
ClausePage
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendment of the Children, Youth and Families Act 2005
3.Definitions
4.Decision-making principles
5.Delegation
6.Referrals
7.Response to referrals
8.Consultation
9.Reporters and referrers protected
10.Definitions—out of home carers
11.Register of out of home carers
12.Child in need of protection
13.Confidentiality
14.Disclosure of information
15.Dispute resolution convenors
16.Temporary assessment order
17.Undertakings
18.Lapsing of guardianship to Secretary orders
19.Breach of interim protection order
20.Matters to be taken into account in sentencing
21.Instalment orders
22.Youth Residential Board
23.Youth Parole Board
24.New Division 4 inserted
Division 4—Change of Name Applications by Detainees
488H.Application
488I.Definitions
488J.Applications for change of name by or on behalf of a detainee
488K.Approval by Secretary
488L.Approval to be notified in writing
488M.Registration of name change
488N.Registrar may correct Register
25.Recall and cancellation of warrant
26.Publication
27.New section 581 substituted
581.CAYPINS procedure
28.Powers of Secretary in relation to medical services and operations
29.Schedule 3 substituted
SCHEDULE 3—Children and Young Persons Infringement Notice System
30.Schedule 4 substituted
SCHEDULE 4—Transitional and Saving Provisions
Part 3—Amendment of the Children and Young Persons Act 1989
31.Delegation
32.Instalment orders
33.New Division 12A of Part 4 inserted
Division 12A—Change of Name Applications by Detainees
260AA.Application
260AB.Definitions
260AC.Applications for change of name by or on behalf of a detainee
260AD.Approval by Secretary
260AE.Approval to be notified in writing
260AF.Registration of name change
260AG.Registrar may correct Register
34.Schedule 2A substituted
SCHEDULE 2A—Children and Young Persons Infringement Notice System
Part 4—Amendment of other Acts and Repeal
35.Amendment of Victorian Civil and Administrative Tribunal Act 1998
36.Amendment of Commonwealth Powers (Family Law—Children) Act 1986
37.Amendment of Terrorism (Community Protection) (Amendment) Act 2006
38.Amendment of Melbourne City Link Act 1995
39.Amendment of Road Safety Act 1986
40.Amendment of Infringements Act 2006
41.Repeal of Adoption (Amendment) Act 1991
42.Consequential amendments to other Acts
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SCHEDULE—Consequential Amendments
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Endnotes
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551427B.A1-19/7/2006BILL LA AS SENT 19/7/2006
ClausePage
Initiated in Assembly 6June 2006
As amended by Assembly 19July 2006
A BILL
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551427B.A1-19/7/2006BILL LA AS SENT 19/7/2006
ClausePage
to amend the Children, Youth and Families Act 2005 and the Children and Young Persons Act 1989, to amend other Acts as a consequence of the enactment of the Children, Youth and Families Act 2005, to repeal the Adoption (Amendment) Act 1991and for other purposes.
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551427B.A1-19/7/2006BILL LA AS SENT 19/7/2006
ClausePage
Children, Youth and Families (Consequential and Other Amendments) Act 2006
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551427B.A1-19/7/2006BILL LA AS SENT 19/7/2006
Act No.
Children, Youth and Families (Consequential and Other Amendments) Act 2006
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551427B.A1-19/7/2006BILL LA AS SENT 19/7/2006
Act No.
Children, Youth and Families (Consequential and Other Amendments) Act 2006
The Parliament of Victoriaenacts as follows:
1
551427B.A1-19/7/2006BILL LA AS SENT 19/7/2006
Children, Youth and Families (Consequential and Other Amendments) Act 2006
Act No.
Part 1—Preliminary
1.Purposes
The main purposes of this Act are—
(a)to amend the Children, Youth and Families Act 2005; and
(b)to amend the Children and Young Persons Act 1989; and
(c)to amend other Acts as a consequence of the enactment of the Children, Youth and Families Act 2005; and
(d)to repeal the Adoption (Amendment) Act 1991.
2.Commencement
s. 1
(1)Subject to sub-section (2), this Part, Part 3 and sections 37, 38, 39, 40 and 41come into operation on a day to be proclaimed.
(2)If a provision referred to in sub-section (1) does not come into operation before 1 September 2006, it comes into operation on that day.
(3)The remaining provisions of this Act come into operation on the day on which section 601 of the Children, Youth and Families Act 2005 comes into operation.
______
See:
Act No.
96/2005
and amending
Act Nos
93/2005, 97/2005, 5/2006, 23/2006 and 24/2006.
Statute Book
dpc.vic.
gov.au
Part 2—Amendment of the Children, Youth and Families Act 2005
3.Definitions
s. 3
In section 3(1) of the Children, Youth and Families Act 2005—
(a)in the definition of "central register" for "established" substitute "maintained";
(b) in the definition of "Youth Parole Board" for "established by" substitute "referred to in";
(c) in the definition of "Youth Residential Board" for "established by section 431(1)" substitute "referred to in section 431".
4.Decision-making principles
(1)In section 12(b) of the Children, Youth and Families Act 2005—
(a)after "decision" insert "in relation to the placement of an Aboriginal child or other significant decision";
(b)after "agency" insert "or by an Aboriginal organisation approved by the Secretary".
(2)At the end of section 12 of the Children, Youth and Families Act 2005 insert—
'(2) The requirement under sub-section (1)(c) to consult with an Aboriginal agencydoes not apply to the making of a decision or the taking of an action under Part 3.5.
(3)In this section "Aboriginal organisation" means an organisation that is managed by Aboriginal persons and that carries on its activities for the benefit of Aboriginal persons.'.
(3)After section 13(2) of the Children, Youth and Families Act 2005 insert—
"(3)The requirements under sub-section (1)(a) to have regard to the advice of the relevant Aboriginal agency and under sub-section (2)(b) to consult with the relevant Aboriginal agency do not apply to the making of a decision or the taking of an action under Part 3.5.".
5.Delegation
s. 5
(1)In section 17(1) of the Children, Youth and Families Act 2005—
(a)paragraph (c) is repealed;
(b)after paragraph (f) insert—
"(fa)the power to approve under section488K a change of name application; and".
(2)Section 17(3) of the Children, Youth and Families Act 2005 is repealed.
6.Referrals
In section 22(b) of the Children, Youth and Families Act 2005, for "reports" substitute "referrals".
7.Response to referrals
(1)In section 33(1)(a) of the Children, Youth and Families Act 2005, for "report" substitute "referral".
(2) In section 33(1)(c) of the Children, Youth and Families Act 2005 before "a service agency" insert "another community-based child and family service or to".
(3) In section 33(3)(d) of the Children, Youth and Families Act 2005 before "a service agency" insert "another community-based child and family service or to".
8.Consultation
s. 8
(1)In section 35(1) of the Children, Youth and Families Act 2005—
(a)for paragraph (a) substitute—
"(a) consult with a community service, a service agency or an information holder; and";
(b)in paragraph (b) for "or agency" substitute
", agency or information holder".
(2)For section 36(2)(b) of the Children, Youth and Families Act 2005 substitute—
"(b)a community service;".
(3)For section 36(3)(b) of the Children, Youth and Families Act 2005 substitute—
"(b)a community service;".
(4)In section 36(5) of the Children, Youth and Families Act 2005 after "service"insert "or other community service".
9.Reporters and referrers protected
(1)In the heading to section 40 of the Children, Youth and Families Act 2005, after"Reporters" insert "and referrers".
(2)In the heading to section 41 of the Children, Youth and Families Act 2005, after "reporter" insert "or referrer".
(3)For section 41(1) of the Children, Youth and Families Act 2005 substitute—
"(1)If a report is made to the Secretary under section 28 or 29, a person (other than the person who made it) must not disclose to any person other than the Secretary or a community-based child and family service to which the matter is referred under section30—
(a)the name of the person who made the report; and
(b)any information that is likely to lead to the identification of the person who made the report.
Penalty:60 penalty units.
(1A)If a referral is made to a community-based child and family service under section 31 or32, a person (other than the person who made it) must not disclose to any person other than the Secretary or that community-based child and family service—
(a)the name of the person who made the referral; and
(b)any information that is likely to lead to the identification of the person who made the referral.
Penalty:60 penalty units.".
10.Definitions—out of home carers
s. 10
In section 74 of the Children, Youth and Families Act 2005 in the definition of "services to children" after "proximity to the children" insert "but does not include prescribed services".
11.Register of out of home carers
s. 11
In the heading to section 80 of the Children, Youth and Families Act 2005 before "carers" insert "out of home".
12. Child in need of protection
In section 162(2) of the Children, Youth and Families Act 2005 omit "continuing".
13. Confidentiality
(1)In section 191(1) of the Children, Youth and Families Act 2005 after "protective intervener" insert "or a community-based child and family service in accordance with sub-section (4)".
(2)After section 191(3) of the Children, Youth and Families Act 2005 insert—
"(4)If a report is made to the Secretary under section 183 or 184, the information referred to in sub-section (1) may be disclosed to a community-based child and family service if—
(a)the Secretary has made a determination under section 187(1)(c) in respect of the report; and
(b)the matter is referred to the community-based child and family service under section 30.
(5)A community-based child and family service to which information referred to in sub-section (1) is disclosed must not disclose that information to any other person except in accordance with this Part.
Penalty:60 penalty units.".
14. Disclosure of information
s. 14
(1)After section 196(2) of the Children, Youth and Families Act 2005 insert—
"(2A)An authorised officer giving a direction under this section must advise the information holder that the information provided to the authorised officer in relation to a child may be disclosed to the Secretary and used for the protection or development of the child.".
(2)After section 196(3) of the Children, Youth and Families Act 2005 insert—
"(3A)Subject to section 202, the Secretary may use and disclose the information or documentsfor a purpose relating to the protection or development of the child.".
15. Dispute resolution convenors
Forsections 227(3) and 227(4) of the Children, Youth and Families Act 2005substitute—
"(3)The Attorney-General must not recommend a person for appointment unless the Attorney-General is satisfied that the person is of good character and has appropriate qualifications and experience.
(4)The Governor in Council, on the recommendation of the Attorney-General, may remove a convenor from office at any time.".
16. Temporary assessment order
In section 232(1)(f) of the Children, Youth and Families Act 2005 omit "the provision of".
17. Undertakings
s. 17
In section 272(1) of the Children, Youth and Families Act 2005 for "under this Part" substitute "on a protection application or on an irreconcilable difference application".
18. Lapsing of guardianship to Secretary orders
(1)After section 289(3) of the Children, Youth and Families Act 2005 insert—
"(4)Section 288 applies to a guardianship to Secretary order as if any reference to a custody to Secretary order were a reference to a guardianship to Secretary order.".
(2)For section 290(3)(b) of the Children, Youth and Families Act 2005 substitute—
"(b)to notify the Court, the child, the child's parent and such other persons as the Court directs before the end of that period if the Secretary considers that it is in the best interests of the child for the order to continue for a further period of 12 months.".
(3) After section 290(4) of the Children, Youth and Families Act 2005 insert—
"(5)Section 288 applies to a long-term guardianship to Secretary order as if any reference to a custody to Secretary order were a reference to a long-term guardianship to Secretary order.".
19. Breach of interim protection order
In section 318(1)(a) of the Children, Youth and Families Act 2005 after "order" insert "and, in the case of an interim protection order, that an interim accommodation order is not required".
20.Matters to be taken into account in sentencing
In section 362(4) of the Children, Youth and Families Act 2005 for "had the child not so failed to participate in the group conference" substitute "had sentencing not been so deferred".
21.Instalment orders
In sections 378 and 379 of the Children, Youth and Families Act 2005, for "child"(wherever occurring) substitute "person".
22.Youth Residential Board
s. 20
In section 431(1) of the Children, Youth and Families Act 2005 for "is established" substitute "continues to be".
23.Youth Parole Board
In section 442(1) of the Children, Youth and Families Act 2005 for "is established" substitute "continues to be".
24. New Division 4 inserted
After Division 3 of Part 5.8 of the Children, Youth and Families Act 2005 insert—
'Division 4—Change of Name Applications by Detainees
488H.Application
This Division applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996.
488I.Definitions
In this Division—
"change of name application" means an application by or on behalf of a detainee for registration of—
(a)a change of the detainee's name; or
(b)a change of the name of a child of the detainee;
"detainee" means a person who is undergoing a sentence of detention in ayouth residential centre or youth justice centre;
"Victorian Registrar" means Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996.
488J.Applications for change of name by or on behalf of a detainee
s. 24
(1)A detainee must not make a change of name application to a Registrar without having first obtained the written approval of the Secretary.
Penalty:For a detainee under the age of 15years, 1 penalty unit;
In any other case, 5 penalty units.
(2)A person must not make a change of name application to a Registrar on behalf of a detainee unless the written approval of the Secretary is first obtained.
Penalty:For a person under the age of 15years, 1 penalty unit;
In any other case, 5 penalty units.
(3)In this section, "Registrar" means—
(a)the Victorian Registrar; or
(b)an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages.
488K.Approval by Secretary
(1)Subject to sub-section (2), the Secretary may only approve a change of name application if he or she is satisfied that the change of name is in all the circumstances necessary or reasonable.
(2)The Secretary must not approve a change of name application if he or she is satisfied that the change of name would, if registered, be reasonably likely—
(a)to be a threat to the security of a youth residential centre or youth justice centre; or
(b)to jeopardise the safe custody or welfare of any detainee; or
(c)to be used to further an unlawful activity or purpose; or
(d)to be regarded as offensive by a victim of crime or an appreciable sector of the community.
488L.Approval to be notified in writing
s. 24
If the Secretary approves a change of name application, the Secretary must—
(a)as soon as practicable, give written notice of the approval to the person who made the application; and
(b)if the detainee consents, give a copy of the written notice of approval to the Victorian Registrar.
488M.Registration of name change
The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if—
(a)the Victorian Registrar knows that—
(i)the application for the change of name is made by or on behalf of a detainee; and
s. 24
(ii)the change of name relates to the name of the detainee or a child of the detainee; and
(b)the Victorian Registrar has not received a copy of the notice of approval of the Secretary to the application under section 488L.
488N.Registrar may correct Register
Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996, the Victorian Registrar may correct the Register under that section if—
(a)the name of a detainee or a child of a detainee on the Register was changed because of a change of name application; and
(b)the Secretary had not approved that change of name application under section 488K.'.
25. Recall and cancellation of warrant
s. 25
For section 529(1)(b)(ii) of the Children, Youth and Families Act 2005 substitute—
"(ii)a warrant to seize property issued in respect of an order under Schedule 3;".
26. Publication
In section 534(5) of the Children, Youth and Families Act 2005, after "apply" insert "to".
27. New section 581 substituted
For section 581 of the Children, Youth and Families Act 2005 substitute—
"581.CAYPINS procedure
(1) The procedure set out in Schedule 3 may be used instead of commencing a proceeding against a child for an offence for which an infringement notice within the meaning of Schedule 3 could be issued.
(2)If a child may be prosecuted for an offence in respect of which an infringement notice may be issued, a reference in an Act to enforcement under the Infringements Act 2006 includes a reference to enforcement under Schedule 3 to the Children, Youth and Families Act 2005.".
28.Powers of Secretary in relation to medical services and operations
(1)In section 597(1)(c) of the Children, Youth and Families Act 2005, after "service" insert ",declared hospital or declared parent and baby unit".
(2)In section 597(4)(a) of the Children, Youth and Families Act 2005, after "service" insert ",declared hospital or declared parent and baby unit".
29. Schedule 3 substituted
For Schedule 3 to the Children, Youth and Families Act 2005 substitute—
'SCHEDULE 3
Sections529, 581, 582, 592, 600
Children and Young Persons Infringement Notice System
PART 1—INTRODUCTORY
1.Application of Schedule
(1)The procedures set out in this Schedule may be used for the enforcement of infringement penalties.
(2)If the procedures set out in this Schedule are used, they apply without prejudice to the application of so much of any other procedure as is consistent with this Schedule.
(3)The procedures set out in Part 2 may be used in relation to any infringement notice, whenever issued.
2.Definitions
In this Schedule—
"appropriate officer", in relation to an infringement notice or an infringement penalty, means—
(a)a person who is the enforcement agency; or
(b)a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of notice; or
s. 29
(c)a prescribed person or a person who is a member of a prescribed class of person;
"certificate" means a certificate under clause3(1)(b);
"child" means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when an application for registration is made in respect of the person under clause 3;
"enforcement agency", in relation to an infringement notice or an infringement penalty, means—
s. 29
(a)a person or body authorised by or under an Act to take proceedings for the offence in respect of which the notice was issued; or
(b)a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if the taking of the proceedings referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or
(c)a prescribed person or body or a person who, or body that, is a member of a prescribed class of person or body; or
(d)a prescribed administrative unit; or
(e)a prescribed group of people;
"enforcement order" means an order under clause 8(3)(c), 8(3)(d), 8(3)(e), 8(3)(f) or10(5);
"infringement notice" means an infringement notice under a prescribed provision of—