Victorian Numbered Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2012 (NO. 79 OF 2012)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Child protection client  
   5.      Vulnerable children and young persons  

   PART 2--COMMISSION FOR CHILDREN AND YOUNG PEOPLE

           Division 1--The Commission

   6.      Establishment of Commission  
   7.      Objective of Commission  
   8.      Functions of Commission  
   9.      Powers of Commission  
   10.     Functions of Principal Commissioner  

           Division 2--Principal Commissioner and additional Commissioners

   11.     Appointment of Principal Commissioner  
   12.     Appointment of additional Commissioner  
   13.     Remuneration and allowances  
   14.     Terms and conditions of appointment  
   15.     Vacancy and resignation  
   16.     Removal from office  
   17.     Acting Principal Commissioner  
   18.     Acting Commissioner  
   19.     Application of Public Administration Act 2004  

           Division 3--General

   20.     Delegation  
   21.     Staff  
   22.     Authorised persons  
   23.     Assistance to be provided  

   PART 3--WORKING WITH CHILDREN

   24.     Functions in relation to working with children  
   25.     Review of administration of Working with Children Act 2005  
   26.     Assistance to be provided  
   27.     Access to records  

   PART 4--MONITORING OUT OF HOME CARE SERVICES

   28.     Functions in relation to children in out of home care  
   29.     Assistance to be provided  
   30.     Access to records  

           Division 1--Preliminary

   31.     Object of inquiries  
   32.     Avoiding unnecessary duplication  
   33.     Police and coronial powers and functions not limited  

           Division 2--Inquiries concerning death of child protection clients

   34.     Commission must conduct inquiry into death of child protection client  
   35.     Secretary must notify Commission of death of child protection client  
   36.     Date of death of child irrelevant  

           Division 3--Inquiries concerning children or young persons

   37.     Commission may conduct inquiry concerning child or young person  
   38.     Minister may recommend inquiry  

           Division 4--Inquiries concerning provision of services

   39.     Commission may conduct inquiry concerning provision of services  
   40.     Minister may recommend inquiry  

           Division 5--Conduct of inquiries

   41.     Commission to notify Ministers of certain inquiries  
   42.     Access to information  
   43.     Disclosures by relevant professionals  
   44.     Disclosers protected  
   45.     Protection against self-incrimination  

           Division 6--Reporting to Ministers and the Secretary

   46.     Commission must give report to Minister and Secretary  
   47.     Commission must give report to other Minister  
   48.     Commission must first give opportunity to respond to adverse material  

           Division 7--Reporting to Parliament

   49.     Application of Division  
   50.     Giving the report to Parliament  
   51.     Report containing identifying information must not be given to Parliament  
   52.     Commission may publish report on Internet  

           Division 8--Disclosing information to other authorities

   53.     Disclosing information to other authorities  

   PART 6--CONFIDENTIALITY

   54.     Definition  
   55.     Disclosure of information prohibited  
   56.     Disclosure to other relevant person permitted  
   57.     Disclosure to court or tribunal permitted  
   58.     Disclosure for purpose of obtaining legal advice permitted  
   59.     Disclosure of Working with Children information  
   60.     Disclosure of information to Minister or Secretary  

   PART 7--GENERAL

   61.     Mandatory notification of corrupt conduct to IBAC  
   62.     Regulations  

   PART 8--SAVING AND TRANSITIONAL PROVISIONS

   63.     Definitions  
   64.     General savings provisions  
   65.     Child Safety Commissioner abolished  
   66.     References to the Child Safety Commissioner  
   67.     Old child death inquiries  
   68.     New child death inquiries  
   69.     Old child safety inquiries  
   70.     Division 3 inquiries relating to provision of services before commencement day  
   71.     Confidentiality  
   72.     First annual report  

   PART 9--CONSEQUENTIAL AMENDMENTS

           Division 1--Amendment of Child Wellbeing and Safety Act 2005

   73.     Purposes  
   74.     Definitions  
   75.     Role of the Secretary in relation to Aboriginal communities  
   76.     Constitution of Council  
   77.     Repeal of Part 6  
   78.     Early notification of births  
   79.     What must be done once notice is received?  
   80.     Repeal of section 48  

           Division 2--Amendment of other Acts

   81.     Independent Broad-based Anti-corruption Commission Act 2011—Referral of complaint or notification for investigation by another person or body  
   82.     Information Privacy Act 2000—new section 34C inserted  
   83.     Public Administration Act 2004  

           Division 3--Repeal of Part 9

   84.     Repeal of Part 9  
           ENDNOTES