Victorian Numbered Acts

CHILD WELLBEING AND SAFETY AMENDMENT (CHILD SAFE STANDARDS) ACT 2015 (NO. 63 OF 2015) - SECT 6

After Part 5 of the Principal Act insert —

" Part 6—Child Safe Standards

        17     Minister may make Child Safe Standards

    (1)     The Minister may make standards to ensure that in the operations of applicable entities—

        (a)     the safety of children is promoted; and

        (b)     child abuse is prevented; and

        (c)     allegations of child abuse are properly responded to.

    (2)     The Minister must publish the Child Safe Standards in the Government Gazette.

    (3)     An amendment to the Child Safe Standards has effect—

        (a)     on the day that is 30 days after the day that the amendment is published in the Government Gazette; or

        (b)     on a later day that is specified in the amendment.

        18     Governor in Council may specify day for compliance with Child Safe Standards

The Governor in Council may, by notice published in the Government Gazette, specify a day for the purposes of section 19.

        19     Category 1 and 2 entities must comply with Child Safe Standards

    (1)     A category 1 entity must comply with the Child Safe Standards on and after the specified day unless—

        (a)     the entity is exempt under section 22; or

        (b)     the regulations provide that the entity is exempt from this requirement; or

        (c)     the entity is prescribed under section 20 or belongs to a class prescribed under section 21.

    (2)     A category 2 entity must comply with the Child Safe Standards on and after the first anniversary of the specified day unless—

        (a)     the entity is exempt under section 22; or

        (b)     the regulations provide that the entity is exempt from this requirement; or

        (c)     the entity is prescribed under section 20 or belongs to a class prescribed under section 21.

    (3)     Regulations made for the purposes of subsection (1)(b) or (2)(b) may prescribe—

        (a)     a class of applicable entity that is to be exempt from the requirement to comply with the Child Safe Standards; or

        (b)     an applicable entity (other than an individual) that is to be exempt from that requirement.

    (4)     In this section—

"specified day" means the day specified by the Governor in Council under section 18.

        20     Prescribed applicable entity must comply with Child Safe Standards

    (1)     A prescribed applicable entity must comply with the Child Safe Standards on and after the date prescribed in respect of that entity.

    (2)     Regulations made for the purposes of subsection (1) may only prescribe an applicable entity that is not an individual.

        21     Applicable entity belonging to a prescribed class must comply with Child Safe Standards

An applicable entity that belongs to a prescribed class must comply with the Child Safe Standards on and after the day prescribed in respect of that class unless the entity is exempt under section 22.

        22     Exemption from requirement to comply with Child Safe Standards

An applicable entity is exempt from a requirement to comply with the Child Safe Standards under section 19(1) or (2) or 21 if the entity does not do any of the following—

        (a)     provide any services specifically for children;

        (b)     provide any facilities specifically for use by children who are under the entity's supervision;

        (c)     engage a child as a contractor, employee or volunteer to assist the entity in providing services or facilities.

        23     Application of Child Safe Standards to businesses not carried on by applicable entities

    (1)     This section applies to an individual—

        (a)     who is not an applicable entity; and

        (b)     who carries on a business that belongs to a prescribed class and that provides—

              (i)     services specifically for children; or

              (ii)     facilities specifically for use by children who are under the individual's supervision.

    (2)     The individual must comply with the Child Safe Standards on and after the day prescribed in respect of the prescribed class of business.".