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CLAUSE NOTES
Children, Young Persons and Their Families Amendment Bill 2011
Clause 1 Short Title
Clause 2 Commencement
Provides that the Act commences on the day on which the Act
receives Royal Assent.
Clause 3 Principal Act
Provides that the Children, Young Persons and Their Families Act
1997 is referred to as the Principal Act.
Clause 4 Section 3 amended
Amends section 3(1) of the Principal Act by inserting a definition
for `risk notification'. The definition provides that `risk
notification' means:
information voluntarily provided to the Secretary or a
Community Based Intake Service under section 13(2), or
any similar voluntary notification. Section 13(2) provides
for a means to discharge the responsibility of adults who
are aware of risks to children, to prevent the occurrence
of abuse or neglect of a child.
information provided under section 14(2). Section 14(2)
provides for mandatory notifications by prescribed
persons such as doctors and teachers in relation to risks
to children.
reports provided to the Secretary under section 18(3) or
(5). Section 18(3) and (5) relate to the Secretary's power
to require oral and written reports from any person the
Secretary considers may have information relevant to the
safety, welfare or wellbeing of the child
This definition is inserted as a consequence of the repeal of
section 15, as section 15(1) currently refers to such information
and reports.
Clause 5 Section 15 repealed
Section 15 of the Principal Act is repealed. See clauses 11 and 12
which amend the Principal Act to consolidate the provisions in
section 15 and section 101 which currently overlap.
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Clause 6 Section 16 amended
Amends section 16 as a consequence of insertion of a definition
of `risk notification' in section 3, and the repeal of section 15.
The amendment omits the definition of notification from section
16(1) which currently refers to section 15. The amendment also
inserts the word `risk' before `notification' in subsection (1), (2)
and (7).
Clause 7 Section 17 amended
Amends section 17 as a consequence of insertion of a definition
of `risk notification' in section 3, and the repeal of section 15.
The amendment omits subsection (1) which currently refers to
section 15. The amendment also inserts the word `risk' before
`notification' in subsection (2) where it first appears. Subsequent
references to notification in subsection (2) are therefore
references to risk notifications.
Clause 8 Section 17A amended
Amends section 17A as a consequence of insertion of a definition
of `risk notification' in section 3. The amendment inserts the
word `risk' before `notification'.
Clause 9 Section 18 amended
Amends section 18 by omitting subsection (6). This subsection
currently provides for a penalty not exceeding 5 penalty units for
a person who does not comply with a requirement of the
Secretary under subsection (3) or (5). This penalty is smaller
than the general penalty in section 101 which would apply to
non-compliance with the similar requirement of the Secretary in
subsection (2).
The omission of section 18(6) means that the general penalty in
section 101 will apply consistently to all mandatory requirements
in section 18.
Clause 10 Section 69 amended
Amends section 69(1)(b) by inserting "or any body of persons,
corporate or unincorporate," after "person".
Section 69(1)(b) currently provides for one of the ways for the
Secretary to provide for the care of a child, by placing the child
in the care of any person the Secretary considers suitable.
Under the Acts Interpretation Act 1931, a reference to `person'
includes any body of persons, corporate or unincorporate, other
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than the Crown. Despite this, the general meaning of `person'
could be read as limited to natural persons in the Principal Act.
Therefore, the amendment provides that the Secretary's power
to place a child in the care of a suitable person includes placing a
child in the care of a suitable body of persons, corporate or
unincorporated. For example, a residential care provider is
typically a body corporate.
Clause 11 Section 101 amended
Amends section 101 by inserting "or information" after "report"
in subsection (1) and (2), and by omitting subsection (3).
The amendments to subsection (1) and (2) clarify that the
general penalty applies to a person who fails to provide
information if required under the Act. For example, if required
under subsection 18.
The omission of subsection (3) is due to clause 12, which inserts
a new section expanding the provision currently in
subsection (3).
Clause 12 Section 101A inserted
Inserts a new section 101A entitled `Legal and professional
immunity for disclosures, &c., made in good faith.'
Section 101A(1) provides that the section applies to a person
who answers a question or provides a report or information as
required under certain orders or otherwise under this Act, or
who provides a voluntary risk notification. Section 101A(3)
provides that `voluntary risk notification' means a notification
referred to in paragraph (a) of the definition of `risk notification'
in section 3(1).
Section 101A(2) provides that a person to who provides such
answer, report, information or voluntary risk notification in good
faith:
does not incur any civil or criminal liability; and
cannot be held to have breached any code of professional
etiquette or ethics, or have departed from any accepted
standard of professional conduct, or to have contravened
any Act.
For example, a person will not breach a confidentiality provision
in another Act if making a notification to which section 101A
applies.
The new section 101A consolidates the current provisions in
section 15 and section 101(3) into a consistent provision to apply
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to all relevant answers, reports, and notifications made under the
Act.
Clause 13 Repeal of Act
Provides that this Act is repealed on the ninetieth day from
commencement.
This is a standard provision for an automatic expiry date to avoid
the need for periodic repeal of spent legislation. The
amendments made by the Act will not be affected by the repeal
due to section 16 of the Acts Interpretation Act 1931.
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