Children, Youth and Families Regulations2017

S.R. No. 19/2017

table of provisions

RegulationPage

RegulationPage

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Revocations

5Definitions

Part 2—Protective services

6Prescribed information holder

7Prescribed service agencies

8Notice of proposal to appoint an administrator

9Foster carers

10Matters to be regarded before employing or engaging carers

11Information on the register of out of home carers

12Prescribed forms for matters before Suitability Panel

13Prescribed matters for the approval of a person as a suitable person

14Prescribed class of employees for the purposes of compulsory disclosure

15Information relating to the placing of children in emergency care

16Prescribed criteria for a report on the suitability of a person in respect of an interim accommodation order

17Notice of direction given by the Secretary

18Matters to be considered by a Court in making a permanent care order

Part 3—Secure welfare services

19Article or thing not allowed in secure welfare services

20Prescribed requirements for conducting searches

21Prescribed requirements for seizure register

22Particulars of use of seclusion to be recorded in register

Part 4—Corrective services

23Remand in custody and placement of child—prescribed regions

24Youth supervision orders—prescribed regions

25Notice of suspension of service of youth supervision order

26Notice of required attendance at a youth justice unit

27Notice of suspension of service of youth attendance order

28Prescribed forms for warrants

Part 5—Youth parole

29Period within which the Youth Parole Board must submit its annual report

30Terms and conditions of a youth parole order

Part 6—Miscellaneous

31Approved dogs

32Particulars of use of isolation to be recorded in register

33Article or thing not allowed in youth justice facilities

34Prescribed requirements for conducting searches

35Prescribed requirements for seizure register

36Article or thing not allowed in centres or units

37Remission of sentences

38Prescribed particulars for the issue of warrants in electronic form

39Oath or affirmation of office

40Supply of information by registrars and police

41Specified agencies under section 582

42Enforcement agencies

43Infringement notice

44Minimum registrable amount

45CAYPINS forms

Schedule 1—Regulations revoked

Schedule 2—General forms

Schedule 3—Prescribed regions of the State

Schedule 4—Forms to be used intheCriminal Division of the Children'sCourt

Schedule 5

Schedule 6—CAYPINS forms

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Part 2—Protective services

Children, Youth and Families Regulations2017

S.R. No. 19/2017

statutory rules 2017

S.R. No. 19/2017

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Part 2—Protective services

Children, Youth and Families Regulations2017

S.R. No. 19/2017

Children, Youth and Families Act 2005

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Part 2—Protective services

Children, Youth and Families Regulations2017

S.R. No. 19/2017

Children, Youth and Families Regulations2017

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Part 2—Protective services

Children, Youth and Families Regulations2017

S.R. No. 19/2017

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 12 April 2017

Responsible Minister:

JENNY MIKAKOS

Minister for Families and Children

ANDREW ROBINSON

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to prescribe various matters required to be prescribedor permitted to be prescribed under theChildren, Youth and Families Act 2005.

2Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3Commencement

These Regulations come into operation on 17April 2017.

4Revocations

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

Council has the same meaning as in the Local Government Act 1989;

staff member in chargemeansthe General Manager in charge of the Victorian Secure Welfare Services in the Department of Health and Human Services;

the Act means the Children, Youth and Families Act 2005;

Victoria Legal Aid means the body established under section 3 of the Legal Aid Act 1978.

Part 2—Protective services

6Prescribed information holder

For the purposes of paragraph (n) of the definition of information holder in section 3(1) of the Act, the following classes of persons are prescribed—

(a)a person in charge of a body that receives funding from the Secretary under a State contract to provide family violence services;

(b)a person in charge of a local government program, other than a program provided by aregistered community service, that—

(i)provides services to meet the needs ofchildren requiring care, support, protection, and accommodation;and

(ii) provides services to meet the needs of families requiring support;

(c)a person in charge of a body that receives funding from the Secretary under a State contract to provide parenting assessment andskills development services;

(d)a person in charge of a body that receives funding from the Secretary under a State contract to provide sexual assault support services;

(e)a person in charge of a body that receives funding from the Secretary under a State contract to provide placement support services to children in out of home care;

(f)a person in charge of a disability service provider entered in the register kept under section 46 of the Disability Act2006;

(g) a person in charge of a registered providerofsupports under the National Disability Insurance Scheme Act 2013of the Commonwealth.

7Prescribed service agencies

For the purposes of paragraph (f) of the definition of service agency in section 3(1) of the Act, the prescribed bodies and classes of bodies are—

(a)a body that receives funding from the Secretary under a State contract to provide family violence services;and

(b)a Council that is not registered as a community service but is established to provide services to meet the needs of children requiring care, support, protection or accommodation and of families requiring support;and

(c)a body that receives funding from the Secretary under a State contract to provide parenting assessment and skills development services;and

(d)a body that receives funding from the Secretary under a State contract to provide sexual assault support services;and

(e)a body that receives funding from the Secretary under a State contract to provide placement support services to children in out of home care; and

(f)a body that provides a service under the National Disability Insurance Scheme Act2013of the Commonwealth.

8Notice of proposal to appoint an administrator

For the purposes of section 67(2)(a) of the Act, the prescribed form of notice is set out in Form 1 of Schedule 2.

9Foster carers

For the purposes of section 75(1) of the Act, theprescribed matters that an out of home care service must have regard to before approving a person to act as a foster carer for the service are—

(a)any criminal record and criminal history of the person;and

(b)the medical history of the person, including psychiatric health;and

(c)the capacity of the person to provide stability and continuity of care and promote achievement of the permanency objective in the child's case plan;and

(d)the capacity of the person to promote and protect a child's safety, wellbeing and development;and

(e) the capacity of the person to provide appropriate support for the maintenance of a child's religious faith (if any);and

(f) the capacity of the person to preserve a child's identity and connection to the child's culture of origin and relationships with the child's birth family;and

(g) the person's appreciation of the importance of contact with a child's birth parent and family;and

(h) the capacity of the person to develop apositive relationship and to work collaboratively with child protection services, registered out of home care servicesand professional providers of services to children;and

(i)the person's general character;and

(j)the person's relationship with family members and household members; and

(k)any criminal records and the criminal history of other usual members of the person's household.

10Matters to be regarded before employing or engaging carers

For the purposes of section 76(1) of the Act, theprescribed matters that an out of home care service must have regard to before employing orengaging a person to act as a carer are—

(a)the person's criminal record and criminal history;and

(b)the person's medical, including psychiatric, health;and

(c)the person's skills, experience and qualifications;and

(d)the person's capacity to provide stability, continuity and support for the permanency objective for a child;and

(e)the person's capacity to promote and protect a child's safety, wellbeing and development;and

(f) the person's capacity to provide appropriate support for the maintenance of a child's religious faith;and

(g)the person's capacity to preserve a child's identity and connection to the child's culture of origin and relationships with the child's birth family;and

(h) the person's appreciation of the importance of contact with a child's birth parent and family;and

(i) the person's capacity to develop positive relationships and work collaboratively with achild's family;and

(j) the person's capacity to develop a positive relationship and work collaboratively withchild protection services, community services and professional providers of services to children; and

(k)the person's general character.

11Information on the register of out of home carers

For the purposes of section 80(2)(g) of the Act, the prescribed information is—

(a)whether the out of home carer is an aboriginal person; and

(b)gender.

12Prescribed forms for matters before Suitability Panel

(1)For the purposes of section 96(2)(a) of the Act, the prescribed form is Form 2 in Schedule 2.

(2)For the purposes of section 104(2)(a) of the Act, the prescribed form is Form 3 in Schedule 2.

(3)For the purposes of section 110(2) of the Act, theprescribed form is Form 4 in Schedule 2.

(4)For the purposes of section 111(2)(a) of the Act, the prescribed form is Form 5 in Schedule 2.

13Prescribed matters for the approval of a person as a suitable person

For the purposes of section 148(3) of the Act, the prescribed matters are—

(a)any criminal record and criminal history of the person;and

(b)the previous history of the person as a carer of children;and

(c)the capacity of the person to promote and protect child safety, wellbeing and development;and

(d)any criminal record and criminal history of the usual members of the person's household; and

(e) the person's general character.

14Prescribed class of employees for the purposes of compulsory disclosure

For the purposes of section 194(1) of the Act, employees of the Department of Health and Human Services who are classified at—

(a)executive (Level 1, Level 2 and Level 3); or

(b)child protection practitionerGrade 5 and 6 (inclusive)—

are in a prescribed class of employees.

15Information relating to the placing of children in emergency care

For the purposes of sections 242(1) and247A(1) of the Act, the prescribed information is—

(a)the name, work address, work telephone number and position title of the protective intervener;and

(b)that the child is being placed in emergency care under section 241 or 247A of the Act, asthe case requires;and

(c)the name and telephone number of a person who can advise of the child's wellbeing while in emergency care;and

(d)the time, date and location of the Court hearing under section 242(2) or 247A(2) of the Act or hearing before a bail justice under section 242(3) or 247A(3) of the Act;and

(e)the address and telephone number of Victoria Legal Aid.

16Prescribed criteria for a report on the suitability of a person in respect of an interim accommodation order

For the purposes of section 263(6) of the Act, the prescribed criteria are—

(a)any criminal record and criminal history of the person;and

(b)the previous history of the person as a carer of children;and

(c)the capacity of the person to promote a child's safety, wellbeing and development;and

(d)any criminal record and criminal history of the usual members of the person's household.

17Notice of direction given by the Secretary

For the purposes of section 282(2) of the Act, the notice of direction isin the prescribed form if it is in the form of Form6 in Schedule 2.

18Matters to be considered by a Court in making a permanent care order

For the purposes of section 319(1)(c)(i) of the Act, the prescribed matters are—

(a)the health, including medical and psychiatric health, of the person;and

(b)the skills and experience of the person;and

(c)the capacity of the person to provide stability and continuity of care for the duration of the permanent care order;and

(d)the capacity of the person to promote and protect the child's safety, wellbeing and development for the duration of the permanent care order;and

(e)the capacity of the person to provide appropriate support for the maintenance ofthechild's religious faith (if any);and

(f)the capacity of the person topreserve the child's identity and connection to the child's culture of origin and relationships with the child's birth family;and

(g)the person's appreciation of the importance of—

(i)contact with the child's birth parent and family; and

(ii)exchange of information about the child with the child's birth parent and family;and

(h)the person's general character including anycriminal history; and

(i)the person's relationship with other household and family members and anycriminal records and history of thehousehold members.

Part 3—Secure welfare services

19Article or thing not allowed in secure welfare services

For the purposes of section 72F(2)(a)(v) of theAct, lighters, matches, cigarettes and other tobacco products and unauthorised electronic equipment are things not allowed in secure welfare services.

20Prescribed requirements for conducting searches

(1)For the purposes of section72F(3)(c) of the Act, the prescribed requirements are that a staff member carrying out a search—

(a)must ensure that the search is not conducted bymore staff members than are reasonably necessary to ensure the safety of the staff members and the person being searched; and

(b)in the case of an unclothed search—

(i)mustconduct the search in a private place or an area that provides reasonable privacy for the child resident being searched; and

(ii)subject to section 72D(3) of the Act, must not touch the child resident's body; and

(iii)must allow the child resident to dress inprivate immediately after the search is finished; and

(iv)ifan item of clothing is seized from achild residentduring a search, mustprovide the child resident with appropriate clothing to wear; and

(v)must enter information in a register in accordance with subregulation (2).

(2)The staff member in charge must establish and maintain a register that includes the following information in relation to each unclothed search carried out—

(a)the name of the child resident who is subjected to the unclothed search;

(b)the name and position of the person who caused the unclothed search to be conducted;

(c)the reason for the unclothed search;

(d)the date and time the unclothed search was conducted;

(e)the name and gender of all staff members present at any time during the unclothed search;

(f)details of any article or thing seized during the unclothed search.

21Prescribed requirements for seizure register

(1)For the purposes of section 72I(2) of the Act, the prescribed information is—

(a)the name of the person from whom the article or thing was seized (if known); and

(b)the date and time of the seizure; and

(c)a description of the article or thing seized; and

(d)details of the discovery of the article or thing; and

(e)the name and signature of the staff member who seized the article or thing; and

(f)details of the manner in which the article or thing was dealt with.

(2)For the purposes of section 72N(2) of the Act, the prescribed details to be recorded in the seizure register are—

(a)the date, time and manner of disposal; and

(b)the name and position of the person whoendorsed the disposal; and

(c)the names and signatures of the staff members carrying out the disposal.

22Particulars of use of seclusion to be recorded in register

For the purposes of section 72P(6) of the Act, the prescribed particulars are—

(a)the name of the child resident secluded; and

(b)the time and date seclusion commenced; and

(c)the reason why the child resident was secluded; and

(d)the name and position of the person who authorised the seclusion; and

(e)the frequency of staff supervision and observation; and

(f)the time and date of release from seclusion.

Part 4—Corrective services

23Remand in custody and placement of child—prescribed regions

(1)For the purposes of section347(1) of the Act, the municipal districts of the Councils referred to in Schedule 3 are prescribed regions of the State.

Note

See also section 12(1A)(b) of the Bail Act 1977.

(2)For the purposes of section 347(1) of the Act, in aregion of the State prescribed under subsection (1), a child may by order of a Court or bail justice be placed in a police gaol if the period of remand is not more than 2 working days.

24Youth supervision orders—prescribed regions

For the purposes of section 387(2)(a) of the Act, the prescribed region is the whole of the State.

25Notice of suspension of service of youth supervision order

For the purposes of section 390(1) of the Act, the prescribed form is Form 1 in Schedule 4.

26Notice of required attendance at a youth justice unit

For the purposes of section 402(2) of the Act, theprescribed form is Form 2 in Schedule4.

27Notice of suspension of service of youth attendance order

For the purposes of section 403(1) of the Act, theprescribed form is Form 3 in Schedule4.

28Prescribed forms for warrants

A warrant for the purposes of section460(5)(a) ofthe Act must be in the form of Form4 in Schedule 4.

Part 5—Youth parole

29Period within which the Youth Parole Board must submit its annual report

For the purposes of section 452(1) ofthe Act, the prescribed period is 1 July to 31October each year.

30Terms and conditions of a youth parole order

For the purposes of section458(4) of the Act, the prescribed terms and conditions are—

(a)the parolee must not break any law; and

(b)the parolee must be supervised by a parole officer;and

(c)the parolee must obey any lawful instructions of the parolee's parole officer;and

(d)the parolee must report as and when reasonably directed by the parolee's parole officer;and

(e)the parolee may be interviewed by the parolee's parole officer at any reasonable time and place that the parole officer directs;and

(f)the parolee must advise the parolee's parole officer within 2 days after the change if the parolee changes address; and

(g)the parolee must not leave Victoria without the written permission of the Youth Parole Board.

Part 6—Miscellaneous

31Approved dogs

For the purposes of the definition of approved dog in section 482A of the Act, a dog is an approved dog if it has completed a training programme approved by the Secretary or the Secretary to theDepartment of Justice and Regulation in the previous 12months.

32Particulars of use of isolation to be recorded in register

For the purposes of section 488(6) of the Act, the prescribed particulars are—

(a)thename of the person isolated;and

(b)the time and date isolation commenced;and

(c)the reason why the person was isolated;and

(d)the authorising officer's name and position;and

(e)the frequency of staff supervision and observation; and

(f)the time and date of release from isolation.