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CHILD WELLBEING AND SAFETY (CHILD SAFE STANDARDS COMPLIANCE AND
ENFORCEMENT) AMENDMENT ACT 2021 (NO. 23 OF 2021)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Principal Act
PART 2--CHILD WELLBEING AND SAFETY ACT 2005--REGULATORY AMENDMENTS
4. Purposes
5. Definitions
6. Principles for compliance with Child Safe Standards
7. Governor in Council may specify day for compliance with Child Safe Standards
8. Category 1 and 2 entities must comply with Child Safe Standards
9. Prescribed entity must comply with Child Safe Standards
10. Entity belonging to a prescribed class must comply with Child Safe Standards
11. Exemption from requirement to comply with Child Safe Standards
12. Application of Child Safe Standards to businesses not carried on by certain entities
13. New section 23A inserted
14. Objectives of Commission
15. Functions of Commission
16. New Division 2A of Part 6 inserted
17. Schedule 1 substituted
18. Schedule 2—Category 2 entities
PART 3--CHILD WELLBEING AND SAFETY ACT 2005--MONITORING AND ENFORCEMENT
19. Definitions—Part 6
20. Compliance with the Child Safe Standards
21. Section 26 substituted
22. Section 27 substituted
23. Section 28 substituted
24. Section 29 substituted
25. Notice to produce
26. Notice to comply
27. Section 32 substituted
28. Application to court
29. Civil penalty
30. New sections 34A to 34E inserted
31. Protection against self-incrimination
32. Assistance to be provided
33. New sections 36A to 36I inserted
34. Sections 37 and 38 repealed
35. Section 39 substituted
36. Internal review
37. Application to the Victorian Civil and Administrative Tribunal
PART 4--CHILD WELLBEING AND SAFETY ACT 2005--CONFIDENTIALITY AND INFORMATION SHARING
38. Division 4 of Part 6 heading substituted
39. Definitions—Division 4 of Part 6
40. New sections 40A and 40B inserted
41. Matters relevant to disclosures of information
42. Disclosures made in good faith
43. Section 41B substituted
44. Section 41C substituted
45. Disclosure to report concerns permitted
46. Disclosure to protect child permitted
47. Disclosing information to other authorities
48. New section 41HA inserted
PART 5--CHILD WELLBEING AND SAFETY ACT 2005--REPORTING
49. Report of compliance by relevant entities with Child Safe Standards
50. New section 41KA inserted
51. Commission must first give opportunity to respond to adverse comment or opinion
52. Application of Division
53. Giving the report to Parliament
PART 6--EDUCATION AND TRAINING REFORM ACT 2006--REGULATORY AMENDMENTS
54. Definitions
55. Interpretation
56. Functions of Authority
57. Requirements for registration
58. Authority must not register school boarding premises unless satisfied of certain matters
59. Criteria for registration
60. Decision about registration
61. Registration conditions
62. Guidelines
63. Faster action in exceptional circumstances
64. Approval to provide courses for overseas students
65. Suspension or cancellation of approval
66. Faster action in exceptional circumstances
67. Approval of overseas secondary student exchange organisations
68. Conditions of approval
69. Section 4.5A.6 substituted
PART 7--EDUCATION AND TRAINING REFORM ACT 2006--MONITORING AND ENFORCEMENT
70. Review of operations of schools by Authority
71. Section 4.3.8I repealed
72. Review of operations of institutions and courses
73. Powers of authorised officers
74. New sections 5.8.3AA to 5.8.3AD inserted
75. Definitions
76. New Divisions 5 to 12 of Part 5.8 inserted
PART 8--CHILD WELLBEING AND SAFETY ACT 2005--MISCELLANEOUS
77. New section 46ZD inserted
PART 9--TRANSITIONAL PROVISIONS
Division 1--Child Wellbeing and Safety Act 2005
78. Heading for new Division 1 of Part 9 inserted
79. Heading for new Division 2 of Part 9 inserted
80. New Division 3 of Part 9 inserted
Division 2--Education and Training Reform Act 2006
81. New section 5.10.2A inserted
PART 10--REPEAL OF THIS ACT
82. Repeal of this Act
ENDNOTES
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