CHILD WELLBEING AND SAFETY ACT 2005
Table of Provisions
PART 1--PRELIMINARY
PART 2--PRINCIPLES FOR CHILDREN
- 4 Principles are for guidance
- 5 Principles for children
- 5A Principles for compliance with Child Safe Standards
PART 3--CHILD WELLBEING AND SAFETY
PART 4--VICTORIAN CHILDREN'S COUNCIL
- 8 Establishment of Victorian Children's Council
- 9 Constitution of Council
- 10 Functions of the Council
- 11 Sub-committees
- 12 Procedure of the Council
PART 5--CHILDREN'S SERVICES CO‑ORDINATION BOARD
- 13 Establishment of Children's Services Co-ordination Board
- 14 Constitution of Board
- 15 Functions of the Board
- 16 Procedure of the Board
PART 5A--REPORTABLE CONDUCT SCHEME
- 16A Definition
- 16B Principles
- 16C Application of reportable conduct scheme
- 16D Administration, oversight and monitoring of scheme
- 16E Avoiding unnecessary duplication
- 16F Objectives of Commission under this Part
- 16G Functions of Commission under this Part
- 16H Powers of the Commission
- 16I Exemption by Commission
- 16J Exemption from whole of scheme
- 16K Head of entity to have systems in place
- 16L Disclosure to Commission of reportable allegation
- 16M Head of entity to notify Commission of reportable allegation
- 16N Head of entity to respond to reportable allegation
- 16O Commission may investigate reportable allegation
- 16P Commission may visit entity
- 16Q Commission may interview employee
- 16R Commission may interview child
- 16S Commission may interview employee subject of reportable allegation
- 16T Commission may obtain information from Victoria Police
- 16U Victoria Police investigation has priority
- 16V Commission may request regulator to investigate or provide information and documents
- 16W Commission may monitor regulator's investigation
- 16X Regulator may disclose information or documents to Commission
- 16Y Disclosure of information or documents
- 16Z Protection against self-incrimination
- 16ZA Assistance to be provided
- 16ZB Disclosure of information about investigations to children, parents and carers
- 16ZC Disclosure of information to the Commission, the head of an entity, a regulator, Victoria Police and others
- 16ZD Commission to notify Secretary after finding of reportable conduct
- 16ZE Prohibition on publishing certain information
- 16ZF False or misleading information
- 16ZG Notice to produce
- 16ZH Application for declaration and order that entity pay a civil penalty
- 16ZI Internal review
- 16ZJ Review by VCAT
- 16ZJA Delegation
- 16ZK Service of documents
- 16ZKA Power to bring a proceeding
- 16ZKB Time for commencing proceeding for offence against section 16M(4)
- 16ZL Annual reports and other reports
- 16ZM Giving a report to Parliament
- 16ZN Review of reportable conduct scheme after 5 years of operation
PART 6--CHILD SAFE STANDARDS
Division 1--Child Safe Standards
- 17 Minister may make Child Safe Standards
- 19 Schedule 1 entities must comply with Child Safe Standards
- 20 Prescribed applicable entity must comply with Child Safe Standards
- 21 Applicable entity belonging to a prescribed class must comply with Child Safe Standards
- 22 Exemption from requirement to comply with Child Safe Standards
- 23 Application of Child Safe Standards to businesses not carried on by certain entities
- 23A Compliance with Child Safe Standards generally
Division 2--The Commission
- 24 Objectives of Commission
- 25 Functions and powers of the Commission
- 25A Guidance notes on Child Safe Standards
Division 2A--Sector regulators and integrated sector regulators
- 25B Sector regulators
- 25C Multiple sector regulators or integrated sector regulators
- 25D Functions and powers of sector regulators
- 25E Delegation by certain sector regulators
- 25F Integrated sector regulators
- 25G Functions and powers of integrated sector regulators
- 25H Delegation by certain integrated sector regulators
Division 3--Monitoring and enforcement of compliance with the Child Safe Standards
- 26 Sector regulator may authorise persons to assist
- 27 Appointment of authorised officers
- 28 Identity cards
- 29 Production of identity card
- 29A Powers of authorised officers to enter premises
- 29B Notice required for entry with consent
- 29C Powers after entry and consent
- 29D Acknowledgement of document or thing seized during entry with consent
- 29E Application for warrant
- 29F Entry under warrant
- 29G Powers after entry under warrant
- 29H Failure to provide assistance
- 29I Powers after entry without consent or warrant
- 29J Acknowledgment of seizure during entry without consent
- 29K Failure to provide assistance
- 29L Authorised officer may interview child
- 29M Affidavits
- 29N Seizure of documents and things
- 29O Destruction of seized document or thing
- 29P Offence to obstruct authorised officer
- 29Q Offence to impersonate authorised officer
- 29R Complaints
- 29S Power to bring proceedings
- 30 Notice to produce
- 31 Notice to comply
- 32 False or misleading information
- 32A Criminal liability of officers of relevant entities—failure to exercise due diligence
- 32B Immunity
- 32C Nomination of proper defendant
- 33 Application to court
- 34 Civil penalty
- 34A Injunctions
- 34B Interim injunctions
- 34C Adverse publicity orders
- 34D Offence to fail to comply with notice to produce or notice to comply
- 34E Pending criminal or civil proceedings
- 35 Reasonable excuse
- 36 Assistance to be provided
- 36A Official warnings
- 36B Infringement notices
- 36C Enforceable undertakings
- 36D Sector regulators must maintain register of undertakings
- 36E No proceedings while enforceable undertaking in force
- 36F Proceedings following withdrawal of enforceable undertaking
- 36G No further proceedings if enforceable undertaking complied with
- 36H Enforcement of undertakings
- 36I Sector regulator may publish details of non-compliance
- 39 Service of documents under Part 6
Division 4--Information collection, use and disclosure powers of Commission, sector regulators and integrated sector regulators
- 40 Definitions
- 40A Request by relevant person for information or documents
- 40B Notice of use of information or document
- 41 Matters relevant to disclosures of information or documents
- 41A Disclosures made in good faith
- 41B Disclosure for purposes of functions or powers permitted
- 41BA Disclosure to certain individuals permitted
- 41C Disclosure by relevant person of protected information to another relevant person
- 41D Disclosure to report concerns permitted
- 41E Disclosure to protect child permitted
- 41F Disclosure to court or tribunal permitted
- 41G Disclosure to obtain legal advice permitted
- 41H Disclosing information to other authorities
- 41HA Disclosure of protected information by relevant persons prohibited
Division 5--Review
Division 6--Reporting
- 41K Report of compliance by relevant entities with Child Safe Standards
- 41KA Commission may request information for reports
- 41L Matters to be included in annual report must not include identifying information
- 41M Opportunity to respond to adverse comment or opinion in report
Division 7--Reporting to Parliament
PART 6A--INFORMATION SHARING
Division 1--Preliminary
- 41P Definitions
- 41Q Meaning of excluded information
- 41R Meaning of information sharing entity
- 41S Meaning of restricted information sharing entity
- 41T Application of this Part to courts and tribunals
- 41U Principles
Division 2--Information sharing
- 41V Voluntary disclosure for wellbeing or safety of children
- 41W Request for confidential information for wellbeing or safety of children
- 41X Further disclosure of confidential information
- 41Y Voluntary disclosure to child or person with parental responsibility or with whom child is living
- 41Z Collection and use of confidential information
Division 3--Guidelines, protected disclosures and recording requirements
Division 4--Relationship of this Part with other Acts
- 41ZD Information sharing entities under the Family Violence Protection Act 2008
- 41ZE Part does not affect handling of confidential information permitted by other Acts
- 41ZF Restrictions on access to confidential information
- 41ZG Application of Privacy and Data Protection Act 2014 to certain information sharing entities and restricted information sharing entities
- 41ZH Information sharing entities and restricted information sharing entities authorised to disclose confidential information despite specified provisions
- 41ZI Disclosure of confidential information is not breach of Family Violence Protection Act 2008
- 41ZJ Disclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958
Division 5--Offences
- 41ZK Unauthorised use and disclosure of confidential information collected under this Part
- 41ZL Intentional or reckless unauthorised use and disclosure of confidential information
- 41ZM False claim that person is or represents an information sharing entity or a restricted information sharing entity
Division 6--Review
PART 7--BIRTH NOTIFICATION
- 42 Application of Part
- 43 Early notification of births
- 44 How must the birth notice be given?
- 45 What must be done once notice is received?
- 46 Offence to fail to give notice
PART 7A--CHILD LINK REGISTER
Division 1--Definitions
- 46A Definitions
Division 2--The Child Link Register
- 46B The Child Link Register
- 46C Secretary must create Child Link entry and allocate Child Link identifier
- 46D Particulars to be included in the Register
- 46E Secretary may decide not to record information on the Register
- 46F Entry in the Register for child who turns 18, leaves school or dies
Division 3--Secretary authorised to collect, use and disclose information for Register purposes
- 46G Secretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register
- 46H Secretary authorised to collect and use information for purposes of data management
- 46I Disclosure of information to the Secretary
- 46J No consent required
Division 4--Access to Child Link Register and use and disclosure of information contained in the Register
- 46K Who is a Child Link user?
- 46L Delegation
- 46M Child Link users may access and use confidential information in the Register
- 46N Secretary may remove Child Link user access to the Register
- 46O Use and disclosure of de-identified information derived from the Register
- 46P Restrictions on access to confidential information
- 46Q Person authorised to disclose confidential information despite specified provisions
- 46R Application of Privacy and Data Protection Act 2014 to certain Child Link users
Division 5--Guidelines
- 46S Guidelines
Division 6--Offences
- 46T Unauthorised access to the Register
- 46U Access to the Register for unauthorised purpose
- 46V Unauthorised use and disclosure of confidential information contained in the Register
- 46W Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register
Division 7--Review of operation of Part
- 46X Review of operation of Part within 2 years
Division 8--Transitional provisions
- 46Y Secretary may create entries in the Register
- 46Z Appointed days for application of section 46M and Schedule 6 to Child Link users
PART 7B--QUALIFICATIONS REQUIRED FOR MATERNAL AND CHILD HEALTH NURSES
- 46ZAA Maternal and Child Health Centres
- 46ZAB State-wide telephone services
- 46ZAC Part not to affect employment contracts or workplace instruments
PART 8--GENERAL
Division 1--Offences by bodies corporate
- 46ZA Imputing conduct to bodies corporate
- 46ZB Criminal liability of officers of bodies corporate—accessorial liability
Division 2--Regulations
- 46ZC Information sharing and Child Link regulation making power
- 46ZD Maternal and child health nurse regulation making power
- 46ZE Child Safe Standards regulation making power
- 47 General regulation making power
PART 9--TRANSITIONAL PROVISIONS
Division 1--Children Legislation Amendment (Reportable Conduct) Act 2017
- 48 Children Legislation Amendment (Reportable Conduct) Act 2017
Division 2--Children Legislation Amendment (Information Sharing) Act 2018
- 49 Children Legislation Amendment (Information Sharing) Act 2018