Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Children Legislation Amendment
Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the commencement of the Bill on the day after the
day on which it receives the Royal Assent.
PART 2--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
Clause 3 provides that despite anything to the contrary in the Children,
Youth and Families Act 2005 (CYF Act) it will not be an
offence to disclose information obtained in connection with the
administration or execution of that Act where the disclosure is
made in connection with the administration or execution of that
Act or the regulations under that Act or under a court order.
Clause 4 amends section 67 of the CYF Act to enable the Minister to
recommend to the Governor in Council that an administrator
should be appointed to part of a registered community service.
Clause 5 amends section 68 of the CYF Act to enable the Governor in
Council, on the recommendation of the Minister, to appoint an
administrator to part of a registered community service. It also
enables the Governor in Council to extend the appointment of an
administrator whether that administrator was appointed over part
or all of the registered community service.
561302 1 BILL LA INTRODUCTION 31/3/2009
Clause 6 substitutes section 69 of the CYF Act. The new section 69 sets
out the powers of an administrator in more detail. Those powers
are that the administrator:
· will be deemed to be the board or other governing body
of the registered community service to the extent
provided by the Minister for the purpose of performing
functions under the CYF Act or under an agreement
under the CYF Act;
· will have the powers and may exercise any of the duties
of the board or other governing body;
· will be subject to all the duties of the board or other
governing body or its members.
New section 69(2) states that the appointment of an administrator
will cause the members of the board or other governing body to
cease to constitute the board or other governing body to the
extent that the administrator occupies the role of board or other
governing body.
New section 69(3) provides that where an administrator is
appointed to part of a registered community service, the
administrator and board or other governing body must ensure
there is in place a process for consultation and decision-making
that will enable the whole of the business of the registered
community service to continue operating.
New section 69(4) provides that where an administrator
recommends termination of an allocation of funds for the
registered community service under section 23 of the CYF Act,
the Secretary may immediately reallocate those funds.
Clause 7 amends section 70 of the CYF Act to provide for the Minister to
recommend to the Governor in Council, and the Governor in
Council to then declare, the revocation of an appointment of an
administrator to part of a registered community service.
Section 70(1) of the CYF Act already provides for the revocation
of an appointment of an administrator to the whole of a registered
community service.
This clause also substitutes section 70(3) of the CYF Act which
states that where the appointment of an administrator is revoked,
the board or other governing body will be reinstated as the board
or other governing body. Where the members of the board or
other governing body cease to hold office upon the appointment
of the administrator then the board or other governing body will
be re-established by appointment or election.
2
Clause 8 amends section 99(1) of the CYF Act to provide that the number
of persons that may be appointed to the Suitability Panel will
increase from a chairperson and up to 5 other members to a
chairperson and at least 5 other members.
PART 3--AMENDMENT OF THE CHILD WELLBEING AND
SAFETY ACT 2005
Clause 9 amends section 19 of the Child Wellbeing and Safety Act 2005
(CWS Act) to provide that a further function of the Child Safety
Commissioner under Division 4 of Part 6 of that Act relates to
child inquiries generally.
Clause 10 amends the heading to Division 4 of Part 6 of the CWS Act to
recognise the further function of the Child Safety Commissioner
to conduct inquiries that are not in relation to child deaths.
Clause 11 amends section 33 of the CWS Act to provide that the Child
Safety Commissioner's functions in relation to child deaths is
extended to include the following children:
· those who died before, on or after the commencement of
clause 11 of the Bill;
· those who were the subject of a report under section 28,
33(2), 183 or 184 of the CYF Act.
Clause 12 inserts a new section 33A into the CWS Act. New section 33A
sets out the Child Safety Commissioner's functions in relation to
child safety. In particular it provides that the Minister may
recommend to the Child Safety Commissioner to conduct an
inquiry in relation to a child protection client where the Minister
considers review of that child's case will assist to improve child
protection practices and enhance child safety. The Child Safety
Commissioner must conduct an inquiry and prepare a report
following such a recommendation from the Minister.
This new section provides that the purpose of an inquiry under
this section is to promote continuous improvement and
innovation in policies and practices relating to child protection
and safety. The inquiry must relate to the services that were
provided or not provided to the child the subject of the inquiry.
New section 33A(5) defines a child protection client as a child
that currently is, or at any time was, the subject of a report under
section 28, 33(2), 183 or 184 of the CYF Act. The definition
applies to children who are alive or may have died.
3
Clause 13 amends section 34 of the CWS Act, which relates to access to
information during the course of child death inquiries, so that it
also operates during the course of any child inquiry conducted by
the Child Safety Commissioner under new section 33A.
Clause 14 amends section 35 of the CWS Act to extend the provisions
relating to disclosure by health professionals and welfare
practitioners that operates during the course of child death
inquiries to also operate during any child inquiry conducted by
the Child Safety Commissioner under new section 33A.
Clause 15 amends section 40(2) of the CWS Act, which relates to
confidentiality and operates during the course of child death
inquiries, to also operate during the course of any child inquiry
conducted by the Child Safety Commissioner under new
section 33A.
PART 4--REPEAL OF AMENDING ACT
Clause 16 repeals the Bill on the first anniversary of the day on which the
Bill receives the Royal Assent.
4