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CHILDREN'S SERVICES ACT 1996 - NOTES

Version No. 043

No. 53 of 1996
Version incorporating amendments as at
1 July 2024

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Version No. 043

Children's Services Act 1996

No. 53 of 1996
Version incorporating amendments as at
1 July 2024

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 30 May 1996

Legislative Council: 8 October 1996

The long title for the Bill for this Act was "to provide for the licensing and regulation of children's services, to repeal Part XIA of the Health Act 1958 and to make consequential amendments to other Acts."

The Children's Services Act 1996 was assented to on 3 December 1996 and came into operation as follows:

Sections 1 and 2 on 3 December 1996: section 2(1); rest of Act on 1 June 1998: Government Gazette 28 May 1998 page 1189.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Children's Services Act 1996 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Children's Services Act 1996, No. 53/1996

Assent Date:

3.12.96

Commencement Date:

S. 210(5) inserted on 17.5.20 by No. 37/2019 s. 16: Special Gazette (No. 232) 12.5.20 p. 1

Note:

S. 210(5) provided that s. 210 expired on 17.5.22

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997

Assent Date:

25.11.97

Commencement Date:

Ss 14, 15 on 25.11.97: s. 2(1)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 19) on 3.12.96: s. 2(2)(d)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 30) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Revision Act 2005, No. 10/2005

Assent Date:

27.4.05

Commencement Date:

S. 3(Sch. 1 item 4) on 28.4.05: s. 2

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Education and Training Reform Act 2006, No. 24/2006

Assent Date:

16.5.06

Commencement Date:

S. 6.1.2(Sch. 7 item 6) on 1.7.07: Government Gazette 28.6.07 p. 1304

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:

15.8.06

Commencement Date:

S. 42(Sch. item 6) on 23.4.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007

Assent Date:

27.11.07

Commencement Date:

S. 52 on 28.11.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Children's Services and Education Legislation Amendment (Anaphylaxis Management) Act 2008, No. 3/2008

Assent Date:

4.3.08

Commencement Date:

Ss 3, 4 on 14.7.08: s. 2(2)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Children's Legislation Amendment Act 2008, No. 22/2008

Assent Date:

3.6.08

Commencement Date:

Ss 6, 7(2), 9(1)–(4), 11(1)(2), 12(1)(2), 13(1), 16, 17, 20(2)(3), 27, 29(6), 30 on 4.6.08: s. 2(1); ss 35, 7(1), 8, 9(5)(6), 10, 11(3), 12(3), 13(2), 14, 15, 18, 19, 20(1), 2126, 28, 29(1)–(5), 3140 on 25.5.09: s. 2(3)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

S. 97(Sch. item 19) on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:

30.3.10

Commencement Date:

S. 51(Sch. item 13) on 1.7.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 10.3) on 25.5.09: s. 2(2)(a); s. 3(Sch. 1 items 10.1, 10.2) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Children's Services Amendment Act 2011, No. 80/2011

Assent Date:

21.12.11

Commencement Date:

Ss 459 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 17) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Education and Care Services National Law Amendment Act 2017, No. 9/2017

Assent Date:

27.3.17

Commencement Date:

Ss 6974 on 1.10.17: Special Gazette (No. 303) 12.9.17 p. 1

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 21) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:

25.6.19

Commencement Date:

S. 253 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Children's Services Amendment Act 2019, No. 37/2019

Assent Date:

6.11.19

Commencement Date:

Ss 417 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Worker Screening Act 2020, No. 34/2020

Assent Date:

4.11.20

Commencement Date:

Ss 177179 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:

29.3.22

Commencement Date:

S. 5 on 30.3.22: s. 2(3)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Early Childhood Legislation Amendment Act 2022, No. 43/2022

Assent Date:

27.9.22

Commencement Date:

Ss 710 on 1.1.23: s. 2(2); ss 3944, 51 on 1.7.23: Special Gazette (No. 253) 23.5.23 p. 1; ss 4550 on 1.10.23: s. 2(4)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date:

27.6.23

Commencement Date:

S. 55 on 1.7.24: s. 2(3)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023, No. 33/2023

Assent Date:

21.11.23

Commencement Date:

Ss 18, 19 on 22.11.23: s. 2(1)

Current State:

This information relates only to the provision/s amending the Children's Services Act 1996

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    3     Explanatory details

No entries at date of publication.



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