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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Children and Community Services Legislation
Amendment and Repeal Bill 2014
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments and repeals
relating to responsible parenting
agreements
Division 1 -- Children and Community Services
Act 2004 amended
3. Act amended 3
4. Section 3 amended 3
5. Section 6 amended 3
6. Section 32 amended 3
7. Part 5A inserted 4
Part 5A -- Responsible parenting agreements
131A. Terms used 4
131B. Principle to be observed in administration
of this Part 5
131C. Responsible parenting agreements 5
131D. Entering into responsible parenting
agreement 6
131E. Content of responsible parenting
agreement 6
131F. Formal requirements 7
131G. Effect of responsible parenting agreement 7
131H. Delegation by CEO (Corrective Services)
and CEO (Education) 8
8. Section 237 amended 9
9. Schedule 1 Division 7 inserted 10
84--2 page i
Children and Community Services Legislation Amendment and Repeal
Bill 2014
Contents
Division 7 -- Provisions for Children and Community
Services Legislation Amendment and Repeal
Act 2014
29. Terms used 10
30. PSR Act parenting agreements 11
31. Departmental parenting agreements 12
Division 2 -- Repeals
10. Parental Support and Responsibility Act 2008
repealed 12
11. Parental Support and Responsibility
Regulations 2009 repealed 12
12. Parental Support and Responsibility (Disclosure of
Information) Guidelines 2009 repealed 12
Division 3 -- Other Acts amended
Subdivision 1 -- Children's Court of Western
Australia Act 1988 amended
13. Act amended 13
14. Section 20 amended 13
15. Section 24 deleted 13
16. Section 36 amended 13
17. Section 40 amended 13
Subdivision 1A -- School Education Act 1999
amended
17A. Act amended 14
17B. Section 26 amended 14
17C. Section 40 amended 14
Subdivision 2 -- Young Offenders Act 1994 amended
18. Act amended 15
19. Section 15A amended 15
20. Section 46 amended 15
Part 3 -- Other amendments to
Children and Community
Services Act 2004
21. Act amended 16
22. Section 3 amended 16
23. Section 8 amended 17
24. Section 9 amended 17
25. Section 23 amended 17
26. Section 24A replaced 19
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Contents
24A. Power of CEO to obtain copies of certain
reports from CEO (Corrective Services) 19
27. Part 3 Division 6 inserted 20
Division 6 -- Information sharing
28A. Terms used 20
28B. Disclosure of information by prescribed
authority or authorised entity 22
28C. Delegation of powers under s. 28B 23
28. Section 28 amended 24
29. Section 35 amended 25
30. Section 41 amended 25
31. Section 62 replaced 26
62. Duration of protection order (special
guardianship) 26
32. Section 65 amended 27
33. Section 87 amended 27
34. Section 89 amended 27
35. Part 4 Division 5 Subdivision 4 heading amended 28
36. Section 91 amended 28
37. Section 92 amended 29
38. Section 93 amended 29
39. Section 94 amended 31
40. Section 95 amended 32
41. Section 101 amended 32
42. Section 103 replaced 32
103. Tattooing or branding 32
43. Section 124A amended 33
44. Section 124B amended 34
45. Section 124C amended 34
46. Section 145 amended 34
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Children and Community Services Legislation
Amendment and Repeal Bill 2014
A Bill for
An Act to --
amend the Children and Community Services Act 2004 to make
provision for responsible parenting agreements and for other
purposes; and
repeal the Parental Support and Responsibility Act 2008 and
regulations and guidelines made under that Act; and
make consequential amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Children and Community Services Legislation
4 Amendment and Repeal Act 2014.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Amendments and repeals relating to responsible Part 2
parenting agreements
Children and Community Services Act 2004 amended Division 1
s. 3
1 Part 2 -- Amendments and repeals relating to
2 responsible parenting agreements
3 Division 1 -- Children and Community Services
4 Act 2004 amended
5 3. Act amended
6 This Division amends the Children and Community Services
7 Act 2004.
8 4. Section 3 amended
9 In section 3 insert in alphabetical order:
10
11 responsible parenting agreement has the meaning
12 given in section 131C;
13
14 5. Section 6 amended
15 After section 6(c) insert:
16
17 (da) to support and reinforce the role and
18 responsibility of parents in exercising
19 appropriate control over the behaviour of their
20 children; and
21
22 6. Section 32 amended
23 After section 32(1)(b) insert:
24
25 (ca) enter into a responsible parenting agreement in
26 respect of the child;
27
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 2 Amendments and repeals relating to responsible parenting
agreements
Division 1 Children and Community Services Act 2004 amended
s. 7
1 7. Part 5A inserted
2 After section 130 insert:
3
4 Part 5A -- Responsible parenting agreements
5 131A. Terms used
6 In this Part --
7 authorised CEO means --
8 (a) the CEO; or
9 (b) the CEO (Corrective Services); or
10 (c) the CEO (Education);
11 CEO (Corrective Services) means the chief executive
12 officer of the department of the Public Service
13 principally assisting in the administration of the Young
14 Offenders Act 1994;
15 CEO (Education) means the chief executive officer of
16 the department of the Public Service referred to in the
17 School Education Act 1999 section 228;
18 corrective services officer means a person employed or
19 engaged in the department of the Public Service
20 principally assisting in the administration of the Young
21 Offenders Act 1994, whether as a public service officer
22 under the Public Sector Management Act 1994, under a
23 contract for services, or otherwise;
24 education officer means a person employed or engaged
25 in the department of the Public Service referred to in
26 the School Education Act 1999 section 228, whether in
27 a category described in section 235(1) of that Act,
28 under a contract for services, or otherwise;
29 official means an officer as defined in section 3, a
30 corrective services officer, an education officer or
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Amendments and repeals relating to responsible Part 2
parenting agreements
Children and Community Services Act 2004 amended Division 1
s. 7
1 another person employed or engaged in a public
2 authority;
3 parenting includes the provision of day-to-day care for
4 a child by a responsible person for the child;
5 responsible person, for a child, means --
6 (a) a parent of the child; or
7 (b) an adult, other than a parent of the child, with
8 whom the child usually lives and who provides
9 day-to-day care for the child.
10 131B. Principle to be observed in administration of
11 this Part
12 (1) In the administration of this Part a principle to be
13 observed is that public authorities should work together
14 cooperatively and effectively to give responsible
15 persons for a child the best chance of --
16 (a) safeguarding and promoting the child's
17 wellbeing; and
18 (b) exercising appropriate control over the
19 behaviour of the child; and
20 (c) complying with any responsible parenting
21 agreement they may enter into.
22 (2) The principle set out in subsection (1) is in addition to,
23 and does not derogate from, the principles set out in
24 Part 2 Divisions 2 and 3.
25 131C. Responsible parenting agreements
26 A responsible parenting agreement is an agreement in
27 respect of a child or children between --
28 (a) any or all of the authorised CEOs; and
29 (b) one or more responsible persons for the child or
30 children.
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Children and Community Services Legislation Amendment and Repeal
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Part 2 Amendments and repeals relating to responsible parenting
agreements
Division 1 Children and Community Services Act 2004 amended
s. 7
1 131D. Entering into responsible parenting agreement
2 An authorised CEO may enter into a responsible
3 parenting agreement if the authorised CEO is satisfied,
4 in relation to each child in respect of whom the
5 agreement is entered into, that --
6 (a) the child engages in any of the following
7 behaviour (the relevant behaviour) --
8 (i) criminal or antisocial behaviour;
9 (ii) persistent failure to attend school;
10 and
11 (b) the relevant behaviour is having, or is likely to
12 have, a detrimental effect on the wellbeing of
13 the child; and
14 (c) the parenting of the child may be contributing
15 to the child engaging in the relevant behaviour;
16 and
17 (d) the responsible parenting agreement may assist
18 the responsible person or persons to exercise
19 appropriate control over the behaviour of the
20 child.
21 131E. Content of responsible parenting agreement
22 (1) A responsible parenting agreement must be about one
23 or more of the following matters --
24 (a) the responsible person engaging with a
25 counselling service, a support service or any
26 other relevant social service;
27 (b) the responsible person taking all reasonable
28 steps to ensure that the child attends school;
29 (c) the responsible person taking all reasonable
30 steps to ensure that the child avoids contact
31 with a particular person or particular persons;
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Amendments and repeals relating to responsible Part 2
parenting agreements
Children and Community Services Act 2004 amended Division 1
s. 7
1 (d) the responsible person taking all reasonable
2 steps to ensure that the child avoids a particular
3 place or particular places;
4 (e) other matters relating to the effective parenting
5 of the child;
6 (f) the assistance to be given to the responsible
7 person or the child by a public authority to
8 assist the responsible person to comply with the
9 agreement.
10 (2) If more than one responsible person enters into the
11 responsible parenting agreement, a reference in
12 subsection (1) to the responsible person is a reference
13 to any or all of those responsible persons.
14 (3) If the responsible parenting agreement is entered into
15 in respect of more than one child, a reference in
16 subsection (1) to the child is a reference to any or all of
17 those children.
18 131F. Formal requirements
19 A responsible parenting agreement must --
20 (a) be in writing; and
21 (b) specify the period covered by the agreement;
22 and
23 (c) be signed by each authorised CEO, and each
24 responsible person, who enters into the
25 agreement.
26 131G. Effect of responsible parenting agreement
27 (1) A responsible parenting agreement does not create
28 obligations that are enforceable.
29 (2) An action in tort does not lie against the State, a
30 Minister of the State, a public authority or an official
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 2 Amendments and repeals relating to responsible parenting
agreements
Division 1 Children and Community Services Act 2004 amended
s. 7
1 for any failure of a person to comply with a responsible
2 parenting agreement.
3 131H. Delegation by CEO (Corrective Services) and CEO
4 (Education)
5 (1) The CEO (Corrective Services) may delegate to a
6 corrective services officer any power or duty of the
7 CEO (Corrective Services) under another provision of
8 this Part or section 237(3) or (4).
9 (2) The CEO (Education) may delegate to an education
10 officer any power or duty of the CEO (Education)
11 under another provision of this Part or section 237(3)
12 or (4).
13 (3) A delegation under this section must be in writing
14 signed by the CEO (Corrective Services) or the CEO
15 (Education), as the case requires.
16 (4) A delegation under this section may expressly
17 authorise the delegate to further delegate the power or
18 duty.
19 (5) A person exercising or performing a power or duty that
20 has been delegated to the person under, or as
21 authorised under, this section, is to be taken to do so in
22 accordance with the terms of the delegation unless the
23 contrary is shown.
24 (6) Nothing in this section limits the ability of the CEO
25 (Corrective Services) to perform a function through a
26 corrective services officer or agent or the ability of the
27 CEO (Education) to perform a function through an
28 education officer or agent.
29
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Amendments and repeals relating to responsible Part 2
parenting agreements
Children and Community Services Act 2004 amended Division 1
s. 8
1 8. Section 237 amended
2 (1) In section 237(2):
3 (a) in paragraph (c) delete "order." and insert:
4
5 order; or
6
7 (b) after paragraph (c) insert:
8
9 (d) a person who is or was a responsible person
10 under a responsible parenting agreement; or
11 (e) a person who is or was a child the subject of a
12 responsible parenting agreement.
13
14 (2) In section 237(3) delete "by the CEO." and insert:
15
16 by --
17 (a) in the case of an identified person referred to in
18 subsection (2)(a), (b) or (c) -- the CEO; or
19 (b) in the case of an identified person referred to in
20 subsection (2)(d) or (e) -- each authorised CEO
21 (as defined in section 131A) who entered into
22 the responsible parenting agreement.
23
24 (3) In section 237(4)(b) delete "by the CEO." and insert:
25
26 by --
27 (i) in the case of an identified person
28 referred to in subsection (2)(a), (b) or
29 (c) -- the CEO; or
page 9
Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 2 Amendments and repeals relating to responsible parenting
agreements
Division 1 Children and Community Services Act 2004 amended
s. 9
1 (ii) in the case of an identified person
2 referred to in subsection (2)(d) or (e) --
3 each authorised CEO (as defined in
4 section 131A) who entered into the
5 responsible parenting agreement.
6
7 9. Schedule 1 Division 7 inserted
8 At the end of Schedule 1 insert:
9
10 Division 7 -- Provisions for Children and Community
11 Services Legislation Amendment and Repeal Act 2014
12 29. Terms used
13 In this Division --
14 authorised officer (Child Protection) means a person
15 designated under the PSR Act section 35 as an authorised
16 officer by the CEO (Child Protection) (as defined in the PSR
17 Act section 3);
18 authorised officer (Education) means a person designated
19 under the PSR Act section 35 as an authorised officer by the
20 CEO (Education) (as defined in the PSR Act section 3);
21 CEO (Education), except in the definition of authorised
22 officer (Education), has the meaning given in section 131A;
23 commencement day means the day on which the Children
24 and Community Services Legislation Amendment and
25 Repeal Act 2014 section 7 comes into operation;
26 departmental parenting agreement means an agreement --
27 (a) that is about one or more of the matters referred to
28 in section 131E; and
29 (b) that is not a PSR Act parenting agreement; and
30 (c) that was entered into by an officer before
31 commencement day; and
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Amendments and repeals relating to responsible Part 2
parenting agreements
Children and Community Services Act 2004 amended Division 1
s. 9
1 (d) that covers a period that had not expired
2 immediately before commencement day; and
3 (e) to which either or both of the following descriptions
4 apply --
5 (i) the agreement relates to a child who has
6 reached 15 years of age but has not reached
7 18 years of age;
8 (ii) the agreement was entered into by an adult,
9 other than a parent of the child, with whom
10 the child to whom the agreement relates
11 usually lives and who provides day-to-day
12 care for the child;
13 PSR Act means the Parental Support and Responsibility
14 Act 2008 as in force immediately before commencement
15 day;
16 PSR Act parenting agreement means a responsible
17 parenting agreement that --
18 (a) was entered into under the Parental Support and
19 Responsibility Act 2008 before commencement day;
20 and
21 (b) covers a period that had not expired immediately
22 before commencement day.
23 30. PSR Act parenting agreements
24 (1) On and after commencement day --
25 (a) a PSR Act parenting agreement entered into by an
26 authorised officer (Child Protection) is to be taken
27 to be a responsible parenting agreement entered into
28 by the CEO under section 131D; and
29 (b) a reference in a PSR Act parenting agreement
30 referred to in paragraph (a) to the authorised officer
31 (Child Protection) who entered into the agreement
32 is to be taken to be a reference to the CEO.
33 (2) On and after commencement day --
34 (a) a PSR Act parenting agreement entered into by an
35 authorised officer (Education) is to be taken to be a
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 2 Amendments and repeals relating to responsible parenting
agreements
Division 2 Repeals
s. 10
1 responsible parenting agreement entered into by the
2 CEO (Education) under section 131D; and
3 (b) a reference in a PSR Act parenting agreement
4 referred to in paragraph (a) to the authorised officer
5 (Education) who entered into the agreement is to be
6 taken to be a reference to the CEO (Education).
7 31. Departmental parenting agreements
8 On and after commencement day --
9 (a) a departmental parenting agreement is to be taken to
10 be a responsible parenting agreement entered into
11 by the CEO under section 131D; and
12 (b) a reference in a departmental parenting agreement
13 to the officer who entered into the agreement is to
14 be taken to be a reference to the CEO.
15
16 Division 2 -- Repeals
17 10. Parental Support and Responsibility Act 2008 repealed
18 The Parental Support and Responsibility Act 2008 is repealed.
19 11. Parental Support and Responsibility Regulations 2009
20 repealed
21 The Parental Support and Responsibility Regulations 2009 are
22 repealed.
23 12. Parental Support and Responsibility (Disclosure of
24 Information) Guidelines 2009 repealed
25 The Parental Support and Responsibility (Disclosure of
26 Information) Guidelines 2009 are repealed.
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Amendments and repeals relating to responsible Part 2
parenting agreements
Other Acts amended Division 3
s. 13
1 Division 3 -- Other Acts amended
2 Subdivision 1 -- Children's Court of Western Australia
3 Act 1988 amended
4 13. Act amended
5 This Subdivision amends the Children's Court of Western
6 Australia Act 1988.
7 14. Section 20 amended
8 In section 20(1):
9 (a) in paragraph (d) delete "Act 1911; and" and insert:
10
11 Act 1911.
12
13 (b) delete paragraph (e).
14 15. Section 24 deleted
15 Delete section 24.
16 16. Section 36 amended
17 Delete section 36(1)(ab).
18 17. Section 40 amended
19 (1) In section 40(1) delete "person" (each occurrence) and insert:
20
21 child
22
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 2 Amendments and repeals relating to responsible parenting
agreements
Division 3 Other Acts amended
s. 17A
1 (2) In section 40(2):
2 (a) in paragraph (a) delete "person," and insert:
3
4 child,
5
6 (b) in paragraph (b) delete "if the person is a child, by" and
7 insert:
8
9 by
10
11 Subdivision 1A -- School Education Act 1999 amended
12 17A. Act amended
13 This Subdivision amends the School Education Act 1999.
14 17B. Section 26 amended
15 In section 26(3) delete "Parental Support and Responsibility
16 Act 2008" and insert:
17
18 Children and Community Services Act 2004
19
20 17C. Section 40 amended
21 In section 40(3A) delete "Parental Support and Responsibility
22 Act 2008" and insert:
23
24 Children and Community Services Act 2004
25
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Amendments and repeals relating to responsible Part 2
parenting agreements
Other Acts amended Division 3
s. 18
1 Subdivision 2 -- Young Offenders Act 1994 amended
2 18. Act amended
3 This Subdivision amends the Young Offenders Act 1994.
4 19. Section 15A amended
5 Delete section 15A(3a), (3b) and (3c).
6 20. Section 46 amended
7 After section 46(2)(c) insert:
8
9 (da) any responsible parenting agreement entered
10 into in respect of the offender under the
11 Children and Community Services Act 2004
12 section 131D; and
13
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 3 Other amendments to Children and Community Services
Act 2004
s. 21
1 Part 3 -- Other amendments to Children and
2 Community Services Act 2004
3 21. Act amended
4 This Part amends the Children and Community Services
5 Act 2004.
6 22. Section 3 amended
7 (1) In section 3 delete the definitions of:
8 police officer
9 wellbeing
10 (2) In section 3 insert in alphabetical order:
11
12 act of family and domestic violence has the meaning
13 given in the Restraining Orders Act 1997 section 6(1);
14 exposed, in relation to an act of family and domestic
15 violence, includes the following --
16 (a) to see or hear the act of family and domestic
17 violence;
18 (b) to witness physical injuries resulting from the
19 act of family and domestic violence;
20 wellbeing, of a child, includes the following --
21 (a) the care of the child;
22 (b) the physical, emotional, psychological and
23 educational development of the child;
24 (c) the physical, emotional and psychological
25 health of the child;
26 (d) the safety of the child;
27
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Other amendments to Children and Community Services Part 3
Act 2004
s. 23
1 23. Section 8 amended
2 In section 8(1):
3 (a) in paragraph (k) delete "spiritual, developmental and
4 educational" and insert:
5
6 spiritual and developmental
7
8 (b) after paragraph (k) insert:
9
10 (la) the child's educational needs;
11
12 24. Section 9 amended
13 After section 9(h) insert:
14
15 (ia) the principle that decisions about a child with
16 disability should be made giving special
17 consideration to any difficulties or
18 discrimination that may be encountered by the
19 child because of the child's disability and
20 should support the child's full and effective
21 participation in society;
22
23 25. Section 23 amended
24 (1) In section 23(1) delete the definition of relevant information.
25 (2) In section 23(1) insert in alphabetical order:
26
27 non-government provider has the meaning given in
28 section 28A;
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 3 Other amendments to Children and Community Services
Act 2004
s. 25
1 relevant information means --
2 (a) information that, in the opinion of the CEO, is,
3 or is likely to be, relevant to --
4 (i) the wellbeing of a child or a class or
5 group of children; or
6 (ii) the wellbeing of a person who under
7 section 96 qualifies for assistance for
8 the purposes of Part 4 Division 6; or
9 (iii) the safety of a person who has been
10 subjected to, or exposed to, one or more
11 acts of family and domestic violence; or
12 (iv) the performance of a function under this
13 Act;
14 or
15 (b) other information of a kind prescribed by the
16 regulations for the purposes of this paragraph.
17
18 (3) In section 23(1) in the definition of interested person delete
19 "wellbeing of a child or a class or group of children;" and insert:
20
21 wellbeing of --
22 (a) a child or a class or group of children; or
23 (b) a person who under section 96 qualifies for
24 assistance for the purposes of Part 4 Division 6;
25
26 (4) In section 23(2) and (3) delete "service provider" and insert:
27
28 non-government provider
29
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Children and Community Services Legislation Amendment and Repeal
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Other amendments to Children and Community Services Part 3
Act 2004
s. 26
1 (5) In section 23(4) delete "written law relating to secrecy or
2 confidentiality." and insert:
3
4 enactment that prohibits or restricts its disclosure.
5
6 26. Section 24A replaced
7 Delete section 24A and insert:
8
9 24A. Power of CEO to obtain copies of certain reports
10 from CEO (Corrective Services)
11 (1) In this section --
12 CEO (Corrective Services) means the chief executive
13 officer of the department of the Public Service
14 principally assisting in the administration of the
15 Sentence Administration Act 2003 Part 8;
16 prescribed report means any of the following --
17 (a) a written pre-sentence report, or a record of an
18 oral pre-sentence report, made under the
19 Sentencing Act 1995 Part 3 Division 3;
20 (b) a report prepared for the purposes of the
21 Sentence Administration Act 2003 section 11A,
22 17 or 51;
23 (c) a report prepared for the purposes of the Young
24 Offenders Act 1994 section 47, 48(1) or 159;
25 (d) a report --
26 (i) made under, or prepared for the
27 purposes of, the Bail Act 1982, the
28 Dangerous Sexual Offenders Act 2006,
29 the Sentence Administration Act 2003,
30 the Sentencing Act 1995, the Prisons
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 3 Other amendments to Children and Community Services
Act 2004
s. 27
1 Act 1981 or the Young Offenders
2 Act 1994; and
3 (ii) of a kind prescribed by the regulations
4 for the purposes of this definition.
5 (2) The CEO may request the CEO (Corrective Services)
6 to give to the CEO a copy of a prescribed report if, in
7 the opinion of the CEO, the report is, or is likely to be,
8 relevant to the wellbeing of a child or a class or group
9 of children.
10 (3) The CEO (Corrective Services) must comply with a
11 request under subsection (2).
12 (4) Subsection (3) applies despite any enactment that
13 prohibits or restricts disclosure of the report or
14 information in it.
15 (5) This section does not limit the operation of section 23.
16
17 27. Part 3 Division 6 inserted
18 After section 27 insert:
19
20 Division 6 -- Information sharing
21 28A. Terms used
22 In this Division --
23 authorised entity means --
24 (a) the CEO of a non-government provider; or
25 (b) the governing body of a registered school or
26 school system under the School Education
27 Act 1999 Part 4;
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Other amendments to Children and Community Services Part 3
Act 2004
s. 27
1 CEO means --
2 (a) in relation to a prescribed authority --
3 (i) if the prescribed authority is an entity
4 referred to in paragraph (a), (b) or (c) of
5 the definition of public authority in
6 section 3 -- the principal officer
7 (however described) of that entity; or
8 (ii) if the prescribed authority is a body
9 referred to in paragraph (d) of the
10 definition of public authority in
11 section 3 -- the principal officer
12 (however described) of that body; or
13 (iii) if the prescribed authority is the holder
14 of an office, post or position referred to
15 in paragraph (d) of the definition of
16 public authority in section 3 -- that
17 holder;
18 or
19 (b) in relation to a non-government provider --
20 (i) if the non-government provider is an
21 individual -- that individual; or
22 (ii) otherwise -- the principal officer
23 (however described) of the
24 non-government provider;
25 non-government provider means --
26 (a) a service provider; or
27 (b) a person who provides social services under a
28 contract or other agreement (excluding an
29 agreement for a monetary grant) entered into
30 between the person and a prescribed authority
31 or an officer or employee of a prescribed
32 authority;
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Children and Community Services Legislation Amendment and Repeal
Bill 2014
Part 3 Other amendments to Children and Community Services
Act 2004
s. 27
1 prescribed authority means a public authority (other
2 than the Department) prescribed by the regulations for
3 the purposes of this definition;
4 relevant information means --
5 (a) information that is, or is likely to be, relevant
6 to --
7 (i) the wellbeing of a child or a class or
8 group of children; or
9 (ii) the safety of a person who has been
10 subjected to, or exposed to, one or more
11 acts of family and domestic violence;
12 or
13 (b) other information of a kind prescribed by the
14 regulations for the purposes of this paragraph.
15 28B. Disclosure of information by prescribed authority
16 or authorised entity
17 (1) The CEO of a prescribed authority (the disclosing
18 CEO) may disclose information to the CEO of another
19 prescribed authority or an authorised entity if, in the
20 opinion of the disclosing CEO, the information is
21 relevant information.
22 (2) The CEO of a prescribed authority (the requesting
23 CEO) may request the CEO of another prescribed
24 authority or an authorised entity to disclose information
25 to the requesting CEO if, in the opinion of the
26 requesting CEO, the information is relevant
27 information.
28 (3) An authorised entity may disclose information to the
29 CEO of a prescribed authority if, in the opinion of the
30 authorised entity, the information is relevant
31 information.
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1 (4) An authorised entity may request the CEO of a
2 prescribed authority to disclose information to the
3 authorised entity if, in the opinion of the authorised
4 entity, the information is relevant information.
5 (5) Information may be disclosed under subsection (1) or
6 (3), or in compliance with a request under
7 subsection (2) or (4), despite any enactment that
8 prohibits or restricts its disclosure.
9 (6) If information is disclosed, in good faith, under
10 subsection (1) or (3) or in compliance with a request
11 under subsection (2) or (4) --
12 (a) no civil or criminal liability is incurred in
13 respect of the disclosure; and
14 (b) the disclosure is not to be regarded as a breach
15 of any duty of confidentiality or secrecy
16 imposed by law; and
17 (c) the disclosure is not to be regarded as a breach
18 of professional ethics or standards or any
19 principles of conduct applicable to a person's
20 employment or as unprofessional conduct.
21 28C. Delegation of powers under s. 28B
22 (1) The CEO of a prescribed authority may, in writing,
23 delegate a power conferred by section 28B(1) or (2) to
24 an officer or employee of the prescribed authority.
25 (2) A delegation under subsection (1) must be in writing
26 signed by the CEO of the prescribed authority.
27 (3) An authorised entity may, in writing, delegate a power
28 conferred by section 28B(3) or (4) to --
29 (a) if the authorised entity is the CEO of a
30 non-government provider -- an officer or
31 employee of the non-government provider; or
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1 (b) if the authorised entity is the governing body of
2 a registered school or school system --
3 (i) an officer or employee of the governing
4 body; or
5 (ii) in the case of the governing body of a
6 school system -- the principal of a
7 school that is a member of the school
8 system.
9 (4) A delegation under subsection (3) must be in writing
10 signed or executed by the authorised entity.
11 (5) A person to whom a power is delegated under this
12 section cannot delegate the power.
13 (6) A person exercising a power that has been delegated to
14 the person under this section is to be taken to do so in
15 accordance with the terms of the delegation unless the
16 contrary is shown.
17 (7) Nothing in this section limits the ability of the CEO of
18 a prescribed authority or an authorised entity to
19 exercise a power through an officer or agent.
20
21 28. Section 28 amended
22 (1) In section 28(1) insert in alphabetical order:
23
24 emotional abuse includes --
25 (a) psychological abuse; and
26 (b) being exposed to an act of family and domestic
27 violence;
28
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1 (2) In section 28(1) in the definition of harm delete "wellbeing;"
2 and insert:
3
4 wellbeing, whether caused by --
5 (a) a single act, omission or circumstance; or
6 (b) a series or combination of acts, omissions or
7 circumstances;
8
9 (3) Delete section 28(2)(c)(iv).
10 29. Section 35 amended
11 (1) After section 35(1)(b) insert:
12
13 (ca) in a case where the child is temporarily in a
14 safe place (for example, a hospital) -- believes
15 that, when the child leaves that place, the child
16 is likely to be living in circumstances that pose
17 an unacceptable risk to the child's wellbeing; or
18
19 (2) In section 35(3)(b)(ii) delete "(1)(b) or (c)." and insert:
20
21 (1)(b), (ca) or (c).
22
23 30. Section 41 amended
24 (1) In section 41(1) delete the definition of responsible person.
25 (2) In section 41(1) insert in alphabetical order:
26
27 appropriate person, in relation to a child, means --
28 (a) a parent of the child; or
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1 (b) an adult, other than a parent of the child, who is
2 a relative of the child; or
3 (c) an adult, other than a parent or other relative of
4 the child, with whom the child usually lives;
5
6 (3) In section 41(1) in the definition of officer delete "police
7 officer;" and insert:
8
9 police officer.
10
11 (4) In section 41(6), (7) and (8) delete "a responsible person" (each
12 occurrence) and insert:
13
14 an appropriate person
15
16 31. Section 62 replaced
17 Delete section 62 and insert:
18
19 62. Duration of protection order (special guardianship)
20 A protection order (special guardianship) remains in
21 force, unless it is revoked under Subdivision 7, until
22 the earlier of --
23 (a) the child reaching 18 years of age; or
24 (b) an adoption order being made in relation to the
25 child under the Adoption Act 1994.
26
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1 32. Section 65 amended
2 After section 65(3) insert:
3
4 (4A) An order made under subsection (1) ceases to be in
5 force if the protection order (special guardianship) in
6 relation to which it was made ceases to be in force.
7
8 33. Section 87 amended
9 (1) After section 87(2) insert:
10
11 (3A) An officer may apprehend a child and take the child to
12 such place as the CEO directs if --
13 (a) a person has failed to comply with a
14 requirement under section 84 to hand over the
15 child; and
16 (b) the officer suspects on reasonable grounds that
17 there is an immediate or substantial risk to the
18 wellbeing of the child.
19
20 (2) In section 87(3) after "subsection (2)" insert:
21
22 or (3A)
23
24 34. Section 89 amended
25 (1) After section 89(4) insert:
26
27 (5A) The power in subsection (4) is subject to section 94(3).
28
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1 (2) In section 89(6) delete "ensure that a copy of the care plan or
2 modification, as the case requires, is given to --" and insert:
3
4 give a copy of the care plan or modification, as the case
5 requires, to --
6
7 (3) After section 89(6) insert:
8
9 (7) Despite subsection (6), the CEO may decide not to give
10 a copy of the care plan or modification to a person
11 mentioned in that subsection if the CEO considers that
12 to do so would pose an unacceptable risk to the safety
13 of the child or another person.
14 (8) If the CEO decides under subsection (7) not to give a
15 person a copy of the care plan or modification, the
16 CEO must give the person written notice of the
17 decision and written reasons for it.
18
19 35. Part 4 Division 5 Subdivision 4 heading amended
20 In the heading to Part 4 Division 5 Subdivision 4 delete "care
21 planning" and insert:
22
23 certain
24
25 36. Section 91 amended
26 (1) In section 91 delete the definition of case review panel.
27 (2) In section 91 insert in alphabetical order:
28
29 care plan review panel means the care plan review
30 panel established under section 92;
31
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1 (3) In section 91 in the definition of applicant delete
2 "section 93(1);" and insert:
3
4 section 93(1) or (2A);
5
6 37. Section 92 amended
7 (1) In section 92(1), (2) and (3) delete "case review panel" and
8 insert:
9
10 care plan review panel
11
12 (2) In section 92(4) and (5) delete "case review panel." and insert:
13
14 care plan review panel.
15
16 (3) In section 92(6), (7) and (8) delete "case review panel" and
17 insert:
18
19 care plan review panel
20
21 Note: The heading to amended section 92 is to read:
22 Care plan review panel
23 38. Section 93 amended
24 (1) After section 93(1) insert:
25
26 (2A) An application for the review of a decision under
27 section 89(7) may be made to the CEO by the person
28 given notice of the decision under section 89(8).
29
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1 (2) In section 93(2) delete "The application --" and insert:
2
3 An application under subsection (1) or (2A) --
4
5 (3) In section 93(3) delete "The application" and insert:
6
7 An application under subsection (1)
8
9 (4) After section 93(3) insert:
10
11 (4A) An application under subsection (2A) must be made
12 within --
13 (a) 14 days after the day on which the applicant
14 received written notice of the decision under
15 section 89(8); or
16 (b) any longer period that the CEO in special
17 circumstances allows.
18
19 (5) In section 93(4):
20 (a) delete "the application," and insert:
21
22 an application under subsection (1) or (2A),
23
24 (b) delete "case review panel." and insert:
25
26 care plan review panel.
27
28 (6) In section 93(5) delete "case review panel" and insert:
29
30 care plan review panel
31
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1 (7) Delete section 93(6) and insert:
2
3 (6) The CEO, after considering the report of the care plan
4 review panel and other information available to the
5 CEO, must --
6 (a) confirm, vary or reverse the care planning
7 decision or decision under section 89(7); or
8 (b) substitute another decision for the care planning
9 decision or decision under section 89(7); or
10 (c) refer the matter back to the care plan review
11 panel for further consideration and report.
12
13 39. Section 94 amended
14 (1) In section 94 delete "A person" and insert:
15
16 (1) A person
17
18 (2) At the end of section 94 insert:
19
20 (2) Subsection (3) applies if --
21 (a) an application is made to the State
22 Administrative Tribunal under subsection (1);
23 and
24 (b) the State Administrative Tribunal's decision on
25 the application (the Tribunal decision) results
26 in the modification of a care plan (the relevant
27 modification).
28 (3) The CEO must not, within the period of 12 months
29 after the Tribunal decision, exercise the power in
30 section 89(4) so as to affect the relevant modification
31 unless the CEO is satisfied that there has been a
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1 significant change in facts or circumstances, or that
2 new facts or circumstances have arisen, since the
3 Tribunal decision was made.
4
5 40. Section 95 amended
6 In section 95(1) and (2) delete "case review panel" (each
7 occurrence) and insert:
8
9 care plan review panel
10
11 41. Section 101 amended
12 Delete section 101(1)(a)(iii) and (iv) and insert:
13
14 (iii) emotional abuse as defined in
15 section 28(1); or
16
17 42. Section 103 replaced
18 Delete section 103 and insert:
19
20 103. Tattooing or branding
21 (1) A person must not in any manner tattoo or brand any
22 part of the body of a child who has not reached
23 16 years of age.
24 Penalty: a fine of $12 000 and imprisonment for one
25 year.
26 (2) A person must not in any manner tattoo or brand any
27 part of the body of a child who has reached 16 years of
28 age unless the person has first obtained the written
29 consent of a parent of the child to tattoo or brand the
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1 child in that manner and on that part of the child's
2 body.
3 Penalty: a fine of $12 000 and imprisonment for one
4 year.
5 (3) This section does not apply to tattooing or branding
6 carried out for a medical or therapeutic purpose.
7
8 43. Section 124A amended
9 (1) In section 124A delete the definition of commencement day.
10 (2) In section 124A insert in alphabetical order:
11
12 boarding facility means a place used to provide
13 residential accommodation for children while they
14 attend a school as defined in the School Education
15 Act 1999 section 4;
16 boarding supervisor means a person who holds an
17 office or position at a boarding facility the duties of
18 which include the supervision of children living at the
19 facility;
20 commencement day means --
21 (a) in relation to a doctor, nurse, midwife, police
22 officer or teacher -- the day on which the
23 Children and Community Services Amendment
24 (Reporting Sexual Abuse of Children) Act 2008
25 section 5 came into operation; or
26 (b) in relation to a boarding supervisor -- the day
27 on which the Children and Community Services
28 Legislation Amendment and Repeal Act 2014
29 section 44 came into operation;
30
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1 44. Section 124B amended
2 (1) In section 124B(1)(a) and (c)(i) delete "police officer or teacher;
3 and" and insert:
4
5 police officer, teacher or boarding supervisor; and
6
7 (2) In section 124B(4) delete "police officer or teacher." and insert:
8
9 police officer, teacher or boarding supervisor.
10
11 45. Section 124C amended
12 In section 124C(3)(c)(iii) delete "responsible" and insert:
13
14 appropriate
15
16 46. Section 145 amended
17 After section 145(3) insert:
18
19 (4) Protection proceedings are to be conducted, as far as
20 possible, in a way that promotes cooperation and
21 consensus.
22
23
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