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.