VersionNo. 007
Commission for Children and Young People Act 2012
No. 79 of 2012
Version incorporating amendments as at
16 March 2016
TABLE OF PROVISIONS
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Child protection client
5Vulnerable children and young persons
Part 2—Commission for Children and YoungPeople
Division 1—The Commission
6Establishment of Commission
7Objective of Commission
8Functions of Commission
9Powers of Commission
10Functions of Principal Commissioner
Division 2—Principal Commissioner and additionalCommissioners
11Appointment of Principal Commissioner
12Appointment of additional Commissioner
13Remuneration and allowances
14Terms and conditions of appointment
15Vacancy and resignation
16Removal from office
17Acting Principal Commissioner
18Acting Commissioner
19Application of Public Administration Act 2004
Division 3—General
20Delegation
21Staff
22Authorised persons
23Assistance to be provided
Part 3—Working with children
24Functions in relation to working with children
25Review of administration of Working with Children Act2005
26Assistance to be provided
27Access to records
Part 4—Monitoring out of home careservices
28Functions in relation to children in out of home care
29Assistance to be provided
30Access to records
Part 5—Inquiries
Division 1—Preliminary
31Object of inquiries
32Avoiding unnecessary duplication
33Police and coronial powers and functions not limited
Division 2—Inquiries concerning death of child protection clients
34Commission must conduct inquiry into death of child protection client
35Secretary must notify Commission of death of child protection client
36Date of death of child irrelevant
Division 3—Inquiries concerning children or youngpersons
37Commission may conduct inquiry concerning child or young person
38Minister may recommend inquiry
Division 4—Inquiries concerning provision ofservices
39Commission may conduct inquiry concerning provision of services
40Minister may recommend inquiry
Division 5—Conduct of inquiries
41Commission to notify Ministers of certain inquiries
42Access to information
43Disclosures by relevant professionals
44Disclosers protected
45Protection against self-incrimination
Division 6—Reporting to Ministers and theSecretary
46Commission must give report to Minister and Secretary
47Commission must give report to other Minister
48Commission must first give opportunity to respond to adverse comment or opinion
Division 7—Reporting to Parliament
49Application of Division
50Giving the report to Parliament
51Report containing identifying information must not be given to Parliament
52Commission may publish report on Internet
Division 8—Disclosing information to otherauthorities
53Disclosing information to other authorities
Part 6—Confidentiality
54Definition
55Disclosure of information prohibited
56Disclosure to other relevant person permitted
57Disclosure to court or tribunal permitted
58Disclosure for purpose of obtaining legal advice permitted
59Disclosure of Working with Children information
60Disclosure of information to Minister or Secretary
60ADisclosure of information by Secretary
Part 7—General
61Mandatory notification of corrupt conduct to IBAC
62Regulations
Part 8—Saving and transitional provisions
63Definitions
64General savings provisions
65Child Safety Commissioner abolished
66References to the Child Safety Commissioner
67Old child death inquiries
68New child death inquiries
69Old child safety inquiries
70Division 3 inquiries relating to provision of services before commencement day
71Confidentiality
72First annual report
73Transitional provision—Tabling of reports of certain inquiries under Division3
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 007
Commission for Children and Young People Act 2012
No. 79 of 2012
Version incorporating amendments as at
16 March 2016
1
Part 1—Preliminary
Commission for Children and Young People Act 2012
No. 79 of 2012
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
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
(c)to repeal and re-enact with amendments certain provisions of the Child Wellbeing and Safety Act 2005.
2Commencement
(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.
3Definitions
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.
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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 serviceinsertedby 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
(c)a person who is employed or engaged to provide care or education to children by—
(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
(c)a psychologist; 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
(c)a Maternal and Child Health Centre; 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
(c)a person who is engaged in the provision of community or welfare services under a State contract;
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
(c)a person who is detained—
(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.
4Child 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.
5Vulnerable 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;
(c)a person attending a youth justice unit in accordance with an order of the Children's Court;
(d)a child who is receiving or has received services from a registered community service;
(e)a child whose primary family careris 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
6Establishment of Commission
(1)The Commission for Children and Young People is established.
(2)The Commission is to be constituted by the Principal Commissioner.
7Objective 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.
8Functions 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
(f)the functions relating to working with children conferred by Part 3; and
(g)the functions relating to out of home care conferred by Part 4; and
(h)the functions relating to inquiries conferred by Part 5; and
(i)any other functions conferred on the Commission by or under this Act or any other Act.
(2)The Commission must act independently and impartially in performing its functions.
(3)The Commission must, when performing a function in relation to a vulnerable child or young person, perform the function for the purpose of promoting the best interests of the child or person.
9Powers of Commission
Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under—
(a)this Act; or
(b)any other Act; or
(c)regulations made under this Act or any other Act.
10Functions of Principal Commissioner
(1)The Principal Commissioner has—
(a)all the functions and powers of the Commission; and
(b)any other powers or functions conferred on the Principal Commissioner by or under this or any other Act.
(2)Without limiting subsection (1), the Principal Commissioner may engage consultants, contractors or agents for or in connection with the performance of the Commission's functions.
(3)All acts and things done by the Principal Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission.
Division 2—Principal Commissioner and additionalCommissioners
11Appointment of Principal Commissioner
(1)The Governor in Council, on the recommendation of the Minister, may appoint a person as Principal Commissioner.
(2)The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as Principal Commissioner because of his or her knowledge and experience.
(3)The Principal Commissioner must be appointed on a full-time basis.
12Appointment of additional Commissioner
(1)The Governor in Council, on the recommendation of the Minister, may appoint a person as an additional Commissioner.
(2)The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as a Commissioner because of his or her knowledge and experience.
(3)A Commissioner may be appointed on a full-time or part-time basis.
13Remuneration and allowances
(1)The Principal Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council.
(2)A Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council.
14Terms and conditions of appointment
Subject to this Division, the Principal Commissioner or a Commissioner—
(a)holds office for the period, not exceeding 5years, specified in his or her instrument of appointment; and
(b)is eligible for re-appointment; and
(c)holds office on the terms and conditions determined by the Governor in Council.
15Vacancy and resignation
The Principal Commissioner or a Commissioner ceases to hold office if he or she—
(a)resigns by notice delivered to the Minister; or
(b)becomes an insolvent under administration; or
(c)is convicted of—
(i)an indictable offence; or
(ii)an offence that, if committed in Victoria, would be an indictable offence; or
(d)nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or
(e)is removed from office under section 16.
16Removal from office
The Governor in Council may, at any time, remove the Principal Commissioner or a Commissioner from office on any of the following grounds—
(a)misconduct;
(b)neglect of duty;
(c)inability to perform the duties of his or her office;
(d)engagement (whether direct or indirect) in any paid employment outside the duties of his or her office;
(e)any other ground on which the Governor in Council is satisfied that the Principal Commissioner or the Commissioner is unfit to hold his or her office.
17Acting Principal Commissioner
(1)The Governor in Council may appoint a person as Acting Principal Commissioner during any period when—
(a)the office of Principal Commissioner is vacant; or
(b)the Principal Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.
(2)An Acting Principal Commissioner has all the powers and may perform any of the functions of the Principal Commissioner.
(3)An Acting Principal Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.
(4)An Acting Principal Commissioner holds office on the terms and conditions determined by the Governor in Council.
(5)The Governor in Council may revoke an appointment under subsection (1) at any time.
18Acting Commissioner
(1)The Governor in Council may appoint a person as an Acting Commissioner during any period when—
(a)the office of a Commissioner is vacant; or
(b)a Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.
(2)An Acting Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.
(3)An Acting Commissioner holds office on the terms and conditions determined by the Governor in Council.
(4)The Governor in Council may revoke an appointment under subsection (1) at any time.
19Application of Public Administration Act 2004
(1)The Public Administration Act 2004 does not apply to the Principal Commissioner in respect of his or her office except as provided in section 16 of that Act.
(2)The Public Administration Act 2004 does not apply to a Commissioner in respect of his or her office.
Division 3—General
20Delegation
(1)The Commission may by instrument delegate any power or function of the Commission under this or any other Act to a Commissioner (other than a power or function specified in subsection (3)).
(2)The Commission may by instrument delegate any power or function of the Commission under this or any other Act (other than a power or function specified in subsection (3)) to a member of staff employed under section 21.
(3)The following functions and powers of the Commission are not delegable—
(a)the power to decide whether to conduct an inquiry under Part 5;
(b)the power to give a report to Parliament under section 50;
(c)the power to publish a report on an appropriate Internet site under section 52;
(d)a power of delegation under this section.
21Staff
(1)There may be employed under the Public Administration Act 2004 any employees that are necessary to assist the Commission in performing its functions.