Version No. 063
Community Services Act 1970
Act No. 8089/1970
Version incorporating amendments as at 5 April 2005
table of provisions
Section Page
iii
Section Page
1. Short title and commencement 2
2. Repeals and savings 2
3. Definitions 3
3A. Custody 8
4. Construction of references 8
4A. Judicial notice of signature 10
Part I—Department of Community Welfare Services 11
5. Principles guiding the Department 11
6. General duties of Minister 12
6A. Delegations 13
7. Functions of Secretary 13
8. Repealed 13
9. Transfer of administration of certain Acts 14
10. General provisions relating to Director-General 15
11. Repealed 16
Part II—Advisory Councils 17
12, 12A. Repealed 17
12B. Consultative and advisory councils 17
12C. Annual attendance and travelling allowances for members of councils 18
Part III—Family Welfare Services 21
Division 1—Repealed 21
13. Repealed 21
Division 1A—Child Care Agreements 21
13A. Child care agreements 21
Division 1B—Long-Term Child Care Agreements 24
13B. Children who may be the subject of a long-term child care agreement 24
13C. Long-term child care agreements 25
Division 1C—Review of Decision-Making under Child Care Agreements 30
13D. Definitions 30
13E. Review by Secretary 30
13F. Review by Victorian Civil and Administrative Tribunal 31
14. Repealed 32
Division 2—Family Assistance 32
15. Repealed 32
16. Application in respect of child without sufficient means of support 32
17. Application in respect of certain young persons 32
18. Certain persons to assist in investigations 33
19. Report and recommendation of magistrate 33
20. Grant or refusal of application 34
21. Duration of payments 34
22. Provision in case of illness etc. of applicant 35
23. Determination of maximum rates by Minister 35
24. Appointment of special magistrates 35
25. Powers of magistrate on investigation 36
26. Offences 36
Divisions 3–8—Repealed 37
27–74. Repealed 37
Division 8A—Attendance at School 37
74A. Definitions 37
74B. Summoning officers 38
74C. Parents to cause child to attend school 39
74D. Parent failing to send child to school 41
74E. Certificate to be evidence as to attendance of child 41
74F. Onus of proof 42
74G. Exemption from attendance at school 43
Divisions 9, 10—Repealed 43
75–84. Repealed 43
Parts iv, V—Repealed 44
85–145. Repealed 44
Part VI—Research and Statistics 45
146. Repealed 45
147. Research and statistics 45
Part VII—Training Services 46
Division 1—Functions 46
148. Repealed 46
149. Training 46
150. Lectures, courses etc. 47
Division 2—Repealed 48
151, 152. Repealed 48
Part VIII—Repealed 48
153–198E. Repealed 48
Part IX—General 49
199, 200. Repealed 49
200A. Use of departmental land etc. for community purposes 50
200AB. Provisions applying to agencies funded by Department 51
201. Obstruction etc. 52
202. General offences and penalties 52
202A. Repealed 53
203. Power to Governor in Council to make regulations 53
______
SCHEDULES 57
SCHEDULE 1—Repeals 57
SCHEDULE 2 58
SCHEDULES 3–5—Repealed 58
═══════════════
ENDnotes 59
1. General Information 59
2. Table of Amendments 60
3. Explanatory Details 68
iii
Version No. 063
Community Services Act 1970
Act No. 8089/1970
Version incorporating amendments as at 5 April 2005
Long Title amended by No. 9248 s.2(1).
An Act to establish a Department of Community Welfare Services, to make provision with respect to the Functions of that Department, to re-enact with Amendments certain Provisions of the Children's Welfare Act 1958, the Gaols Act 1958, the Street Trading Act 1958, the Youth Organizations Assistance Act 1958, and the Social Welfare Act 1960, and for other purposes.
69
Community Services Act 1970
Act No. 8089/1970
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
S. 1
amended by Nos 8344 s.26(6)(a), 8426 s.2 (as amended by No. 8701 s.7(a)), 8493 ss 8(2), 27(2), 9018 s.2, 9248 ss2(2), 3, 9427 s.6(1)(Sch. 5 item 19) (as amended by No. 9549 s.2(1)(Sch. item 215(a)), 9549 s.2(1)(Sch. item 29), 9554 s.2(1)(Sch. 1 item 2), 9879 s.7(2)(a), 9968 s.4, 10087 s.3(1)(Sch. 1 item 11), 117/1986 s.6(Sch. 1 item 5(1)(a)), 16/1987 s.4(1).
1. Short title and commencement
s. 1
This Act may be cited as the Community Services Act 1970 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2. Repeals and savings
(1) The Acts referred to in Schedule One to the extent thereby expressed to be repealed are hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any appointment assignment application arrangement agreement determination complaint declaration report order regulation transfer certificate notice registration permit roll security summons warrant committal surety bond or recognizance or any obligation liability or right made effected issued granted given presented passed fixed incurred accrued or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
(3) Any reference in any other Act to any of the Acts referred to in Schedule One or to any of the provisions thereof shall be read and construed as a reference to this Act or to the corresponding provisions thereof.
S. 2(4) inserted by No. 8493 s.31(a).
(4) The operation or application of Division 2 of PartIII of the Penal Reform Act 1956 (the provisions of which so far as they are applicable are reproduced in Schedule Five) shall not except to the extent indicated in that Schedule be affected by the repeal of that Act by the Crimes Act 1957.
S. 3 amendedby No. 46/1998
s. 7(Sch. 1) (ILA s. 39B(1)).
3. Definitions
s. 3
(1) In this Act unless inconsistent with the context or subject-matter—
S. 3(1) def. of "care" inserted by No. 56/1989 s.284(a).
"care", in Divisions 1A and 1B of Part III, means, in relation to a child or young person, the daily care and control of the child or young person but not involving custody of the child or young person;
"child'' means a person under the age of fifteen years;
S. 3(1) def. of "community service" inserted by No. 16/1987 s.7 (as amended by No. 56/1989 s.283(a)).
"community service" means—
(a) a community service established under section 57 of the Children and Young Persons Act 1989; or
(b) a community service approved under section 58(1) of that Act;
s. 3
S. 3(1) def. of "custody" inserted by No. 16/1987 s.7 (as amended by No. 56/1989 s.283(a)).
"custody" means custody as defined in section3A;
S. 3(1) def. of "Department" amended by Nos 9248 s.4(a), 16/1987 s.11(a), 69/1992 s.31(3)(a), substituted by No. 72/1997
s. 16, amended by No. 46/1998
s. 7(Sch. 1).
"Department" means the Department of Human Services;
S. 3(1) def. of "Director-General" amended by Nos 9248 s.4(b), 9966 s.4(a), 16/1987 s.11(a), 69/1992 s.31(3)(b), repealed by No. 46/1998
s. 7(Sch. 1).
* * * * *
S. 3(1) def. of "Director-General of Corrections" inserted by No. 9966 s.4(b), repealed by No. 45/1996 s.18(Sch. 2 item 3.1).
* * * * *
S. 3(1) def. of "employee" inserted by No. 69/1992 s.31(3)(c).
"employee" has the same meaning as in the Children and Young Persons Act 1989;
S. 3(1) def. of "employee" inserted by No. 46/1998
s. 7(Sch. 1), repealed by No. 74/2000 s.3(Sch. 1 item24.1).
* * * * *
s. 3
S. 3(1) def. of "governor" repealed by No. 117/1986 s.6(Sch. 1 item 5(1)(b)(i)).
* * * * *
S. 3(1) def. of "guardian" inserted by No. 9248 s.4(c), amended by Nos 9549 s.2(1)(Sch. item 30), 46/1998
s. 7(Sch. 1).
"guardian'' in relation to a child or young person, means a parent of the child or young person and any person (other than the Secretary) who is a legal guardian of the child or young person or who has the custody and control of the child or young person;
S. 3(1) def. of "Minister" amended by Nos 9248 s.4(d), 16/1987 s.11(a), repealed by No. 46/1998
s. 7(Sch. 1).
* * * * *
S. 3(1) def. of "Office of Corrections" inserted by No. 9966 s.4(c), repealed by No. 45/1996 s.18(Sch. 2 item 3.1).
* * * * *
S. 3(1) def. of "officer" inserted by No. 69/1992 s.31(3)(d), repealed by No. 46/1998
s. 7(Sch. 1).
* * * * *
S. 3(1) def. of "parent" inserted by No. 9248 s.4(e), substituted by No. 93/1990 s.26(a).
"parent'' has the same meaning as in the Children and Young Persons Act 1989;
s. 3
"Part'' means Part of this Act;
S. 3(1) def. of "police gaols" inserted by No. 117/1986 s.6(Sch. 1 item 5(1)(b)(ii)).
"police gaols" means a police gaol within the meaning of the Corrections Act 1986;
"prescribed'' means prescribed by the regulations;
S. 3(1) def. of "prison" inserted by No. 117/1986 s.6(Sch. 1 item 5(1) (b)(iii)).
"prison" means a prison within the meaning of the Corrections Act 1986;
"prisoner'' includes any person detained in custody in a prison or a police gaol irrespective of the cause of such detention;
"regulations'' means regulations made under this Act or continued in force under this Act;
S. 3(1) def. of "Secretary" inserted by No. 69/1992 s.31(3)(e).
"Secretary" means the Secretary to the Department;
s. 3
S. 3(1) def. of "Super-intendent" amended by Nos 8426 s.3 (as amended by No. 8701 s.7(b)), 9248 s.4(f)(i)(ii), 9966 s.4(d), substituted by No. 117/1986 s.6(Sch. 1 item 5(1) (b)(iv)).
"Superintendent'' in relation to a remand centre or youth training centre or prison includes superintendent, officer in charge, manager or person for the time being in charge;
"trainee'' means a young person detained in a remand centre or youth training centre;
S. 3(1) defs of "Ward of the Department of Community Welfare Services" and "ward of the Department" amended by No. 9248 s.4(g), repealed by No. 56/1989 s.286(Sch. 2 item 4) (as amended by No. 93/1990 s.24(h)(iii)).
* * * * *
"young person'' except where otherwise expressly provided means a person of or over the age of fifteen years and under the age of twenty-one years.
S. 3(2) inserted by No. 46/1998
s. 7(Sch. 1), amended by No. 108/2004 s.117(1) (Sch.3 item37).
(2) If under the Public Administration Act 2004 the name of the Department of Human Services is changed, a reference in the definition of "Department" in sub-section (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 3A
inserted by No. 69/1992 s.32(2).
3A. Custody
s. 3A
A person (including the Secretary) who has, or under the Children and Young Persons Act 1989 is granted, custody of a child has—
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care and control of the child.
No. 6219 s.4.
4. Construction of references
Unless the context otherwise requires any reference occurring in any Act or in any Order in Council by-law regulation deed contract application list order complaint declaration transfer certificate security summons warrant bond recognizance or other instrument or any other document whatsoever—
(a) to the "Children's Welfare Department'' or any like expression shall be deemed and taken to refer to and mean the Department;
S. 4(b) amended by Nos 9248 s.5(a), 9966 s.5(a), 117/1986 s.6(Sch. 1 item 3(1)), 46/1998
s. 7(Sch. 1).
(b) to the "Director of Children's Welfare or the Director-General of Social Welfare'' or any like expression shall be deemed and taken to refer to and mean the Secretary;
S. 4(ba) inserted by No. 9966 s.5(b), repealed by No. 117/1986 s.6(Sch. 1 item 3(1)(a)).
* * * * *
S. 4(c) amended by Nos 9018 s.3(1)(a)(b), 9966 s.5(c) (as amended by No. 10087 s.3(1)(Sch.1 item14)).
(c) to the "Director of Probation and Parole'' "chief probation officer'' or the "chief parole officer'' shall be deemed and taken to refer to and mean—
S. 4(c)(i) amended by No. 46/1998
s. 7(Sch. 1).
(i) in relation to any matter concerning probation or parole which after the commencement of section 5(c) of the Community Welfare Services (Director-General of Corrections) Act 1983 is a matter continuing to be within the responsibilities of the Secretary, the Secretary; and
s. 4
S. 4(c)(ii) repealed by No. 117/1986 s.6(Sch. 1 item 3(1)(a)).
* * * * *
S. 4(ca) inserted by No. 9248 s.5(b), substituted by No. 16/1987 s.5(1).
(ca) to "Community Services Victoria" is deemed to be and must be taken to refer to and mean the Department;
(d) to a "neglected child'' shall be deemed and taken to refer to and mean a child or young person in need of care and protection under this Act;
S. 4(e) amended by Nos 9248 s.5(c)(i)(ii), 9966 s.5(d), 117/1986
s.6(Sch. 1 item 5(1)(c)), 16/1987 s.11(b), 46/1998
s. 7(Sch. 1).
(e) to the "Social Welfare Branch of the Chief Secretary's Department'' or the "Social Welfare Branch'' or the "Social Welfare Department'' or to any Division thereof shall be deemed and taken to refer to and mean the Department of Human Services or the corresponding Division thereof (as the case requires);
S. 4(f)(g) repealed by No. 117/1986 s.6(Sch. 1 item 5(1)(d)).
* * * * *
S. 4A
inserted by No. 9248 s.6.
4A. Judicial notice of signature
s. 4A
S. 4A(1)–(4) repealed by No. 16/1987 s.5(2).
* * * * *
S. 4A(5) amended by Nos 9966 s.6(a)(b), 117/1986
s.6(Sch. 1 item 3(2)), 46/1998
s. 7(Sch. 1).
(5) All courts, judges, and persons acting judicially shall take judicial notice of the signature of the Minister and the Secretary to every document authorized or required to be signed for the purposes of this Act or the regulations or any other Act or regulations.