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CHILD WELLBEING AND SAFETY ACT 2005
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2--PRINCIPLES FOR CHILDREN
4. Principles are for guidance
5. Principles for children
5A. Principles for compliance with Child Safe Standards
PART 3--CHILD WELLBEING AND SAFETY
6. The role of the Minister
7. Role of the Secretary in relation to Aboriginal communities
PART 4--VICTORIAN CHILDREN'S COUNCIL
8. Establishment of Victorian Children's Council
9. Constitution of Council
10. Functions of the Council
11. Sub-committees
12. Procedure of the Council
PART 5--CHILDREN'S SERVICES CO‑ORDINATION BOARD
13. Establishment of Children's Services Co-ordination Board
14. Constitution of Board
15. Functions of the Board
16. Procedure of the Board
PART 5A--REPORTABLE CONDUCT SCHEME
16A. Definition
16B. Principles
16C. Application of reportable conduct scheme
16D. Administration, oversight and monitoring of scheme
16E. Avoiding unnecessary duplication
16F. Objectives of Commission under this Part
16G. Functions of Commission under this Part
16H. Powers of the Commission
16I. Exemption by Commission
16J. Exemption from whole of scheme
16K. Head of entity to have systems in place
16L. Disclosure to Commission of reportable allegation
16M. Head of entity to notify Commission of reportable allegation
16N. Head of entity to respond to reportable allegation
16O. Commission may investigate reportable allegation
16P. Commission may visit entity
16Q. Commission may interview employee
16R. Commission may interview child
16S. Commission may interview employee subject of reportable allegation
16T. Commission may obtain information from Victoria Police
16U. Victoria Police investigation has priority
16V. Commission may request regulator to investigate or provide information and documents
16W. Commission may monitor regulator's investigation
16X. Regulator may disclose information or documents to Commission
16Y. Disclosure of information or documents
16Z. Protection against self-incrimination
16ZA. Assistance to be provided
16ZB. Disclosure of information about investigations to children, parents and carers
16ZC. Disclosure of information to the Commission, the head of an entity, a regulator, Victoria Police and others
16ZD. Commission to notify Secretary after finding of reportable conduct
16ZE. Prohibition on publishing certain information
16ZF. False or misleading information
16ZG. Notice to produce
16ZH. Application for declaration and order that entity pay a civil penalty
16ZI. Internal review
16ZJ. Review by VCAT
16ZJA. Delegation
16ZK. Service of documents
16ZKA. Power to bring a proceeding
16ZKB. Time for commencing proceeding for offence against section 16M(4)
16ZL. Annual reports and other reports
16ZM. Giving a report to Parliament
16ZN. Review of reportable conduct scheme after 5 years of operation
PART 6--CHILD SAFE STANDARDS
Division 1--Child Safe Standards
17. Minister may make Child Safe Standards
19. Schedule 1 entities must comply with Child Safe Standards
20. Prescribed applicable entity must comply with Child Safe Standards
21. Applicable entity belonging to a prescribed class must comply with Child Safe Standards
22. Exemption from requirement to comply with Child Safe Standards
23. Application of Child Safe Standards to businesses not carried on by certain entities
23A. Compliance with Child Safe Standards generally
Division 2--The Commission
24. Objectives of Commission
25. Functions and powers of the Commission
25A. Guidance notes on Child Safe Standards
Division 2A--Sector regulators and integrated sector regulators
25B. Sector regulators
25C. Multiple sector regulators or integrated sector regulators
25D. Functions and powers of sector regulators
25E. Delegation by certain sector regulators
25F. Integrated sector regulators
25G. Functions and powers of integrated sector regulators
25H. Delegation by certain integrated sector regulators
Division 3--Monitoring and enforcement of compliance with the Child Safe Standards
26. Sector regulator may authorise persons to assist
27. Appointment of authorised officers
28. Identity cards
29. Production of identity card
29A. Powers of authorised officers to enter premises
29B. Notice required for entry with consent
29C. Powers after entry and consent
29D. Acknowledgement of document or thing seized during entry with consent
29E. Application for warrant
29F. Entry under warrant
29G. Powers after entry under warrant
29H. Failure to provide assistance
29I. Powers after entry without consent or warrant
29J. Acknowledgment of seizure during entry without consent
29K. Failure to provide assistance
29L. Authorised officer may interview child
29M. Affidavits
29N. Seizure of documents and things
29O. Destruction of seized document or thing
29P. Offence to obstruct authorised officer
29Q. Offence to impersonate authorised officer
29R. Complaints
29S. Power to bring proceedings
30. Notice to produce
31. Notice to comply
32. False or misleading information
32A. Criminal liability of officers of relevant entities—failure to exercise due diligence
32B. Immunity
32C. Nomination of proper defendant
33. Application to court
34. Civil penalty
34A. Injunctions
34B. Interim injunctions
34C. Adverse publicity orders
34D. Offence to fail to comply with notice to produce or notice to comply
34E. Pending criminal or civil proceedings
35. Reasonable excuse
36. Assistance to be provided
36A. Official warnings
36B. Infringement notices
36C. Enforceable undertakings
36D. Sector regulators must maintain register of undertakings
36E. No proceedings while enforceable undertaking in force
36F. Proceedings following withdrawal of enforceable undertaking
36G. No further proceedings if enforceable undertaking complied with
36H. Enforcement of undertakings
36I. Sector regulator may publish details of non-compliance
39. Service of documents under Part 6
Division 4--Information collection, use and disclosure powers of Commission, sector regulators and integrated sector regulators
40. Definitions
40A. Request by relevant person for information or documents
40B. Notice of use of information or document
41. Matters relevant to disclosures of information or documents
41A. Disclosures made in good faith
41B. Disclosure for purposes of functions or powers permitted
41BA. Disclosure to certain individuals permitted
41C. Disclosure by relevant person of protected information to another relevant person
41D. Disclosure to report concerns permitted
41E. Disclosure to protect child permitted
41F. Disclosure to court or tribunal permitted
41G. Disclosure to obtain legal advice permitted
41H. Disclosing information to other authorities
41HA. Disclosure of protected information by relevant persons prohibited
Division 5--Review
41I. Internal review
41J. Application to the Victorian Civil and Administrative Tribunal
Division 6--Reporting
41K. Report of compliance by relevant entities with Child Safe Standards
41KA. Commission may request information for reports
41L. Matters to be included in annual report must not include identifying information
41M. Opportunity to respond to adverse comment or opinion in report
Division 7--Reporting to Parliament
41N. Application of Division
41O. Giving the report to Parliament
PART 6A--INFORMATION SHARING
Division 1--Preliminary
41P. Definitions
41Q. Meaning of excluded information
41R. Meaning of information sharing entity
41S. Meaning of restricted information sharing entity
41T. Application of this Part to courts and tribunals
41U. Principles
Division 2--Information sharing
41V. Voluntary disclosure for wellbeing or safety of children
41W. Request for confidential information for wellbeing or safety of children
41X. Further disclosure of confidential information
41Y. Voluntary disclosure to child or person with parental responsibility or with whom child is living
41Z. Collection and use of confidential information
Division 3--Guidelines, protected disclosures and recording requirements
41ZA. Guidelines
41ZB. Use and disclosure in good faith protected
41ZC. Recording requirements
Division 4--Relationship of this Part with other Acts
41ZD. Information sharing entities under the Family Violence Protection Act 2008
41ZE. Part does not affect handling of confidential information permitted by other Acts
41ZF. Restrictions on access to confidential information
41ZG. Application of Privacy and Data Protection Act 2014 to certain information sharing entities and restricted information sharing entities
41ZH. Information sharing entities and restricted information sharing entities authorised to disclose confidential information despite specified provisions
41ZI. Disclosure of confidential information is not breach of Family Violence Protection Act 2008
41ZJ. Disclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958
Division 5--Offences
41ZK. Unauthorised use and disclosure of confidential information collected under this Part
41ZL. Intentional or reckless unauthorised use and disclosure of confidential information
41ZM. False claim that person is or represents an information sharing entity or a restricted information sharing entity
Division 6--Review
41ZN. Review of operation of Part within 2 years
41ZO. Review of operation of Part within 5 years
PART 7--BIRTH NOTIFICATION
42. Application of Part
43. Early notification of births
44. How must the birth notice be given?
45. What must be done once notice is received?
46. Offence to fail to give notice
PART 7A--CHILD LINK REGISTER
Division 1--Definitions
46A. Definitions
Division 2--The Child Link Register
46B. The Child Link Register
46C. Secretary must create Child Link entry and allocate Child Link identifier
46D. Particulars to be included in the Register
46E. Secretary may decide not to record information on the Register
46F. Entry in the Register for child who turns 18, leaves school or dies
Division 3--Secretary authorised to collect, use and disclose information for Register purposes
46G. Secretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register
46H. Secretary authorised to collect and use information for purposes of data management
46I. Disclosure of information to the Secretary
46J. No consent required
Division 4--Access to Child Link Register and use and disclosure of information contained in the Register
46K. Who is a Child Link user?
46L. Delegation
46M. Child Link users may access and use confidential information in the Register
46N. Secretary may remove Child Link user access to the Register
46O. Use and disclosure of de-identified information derived from the Register
46P. Restrictions on access to confidential information
46Q. Person authorised to disclose confidential information despite specified provisions
46R. Application of Privacy and Data Protection Act 2014 to certain Child Link users
Division 5--Guidelines
46S. Guidelines
Division 6--Offences
46T. Unauthorised access to the Register
46U. Access to the Register for unauthorised purpose
46V. Unauthorised use and disclosure of confidential information contained in the Register
46W. Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register
Division 7--Review of operation of Part
46X. Review of operation of Part within 2 years
Division 8--Transitional provisions
46Y. Secretary may create entries in the Register
46Z. Appointed days for application of section 46M and Schedule 6 to Child Link users
PART 7B--QUALIFICATIONS REQUIRED FOR MATERNAL AND CHILD HEALTH NURSES
46ZAA. Maternal and Child Health Centres
46ZAB. State-wide telephone services
46ZAC. Part not to affect employment contracts or workplace instruments
PART 8--GENERAL
Division 1--Offences by bodies corporate
46ZA. Imputing conduct to bodies corporate
46ZB. Criminal liability of officers of bodies corporate—accessorial liability
Division 2--Regulations
46ZC. Information sharing and Child Link regulation making power
46ZD. Maternal and child health nurse regulation making power
46ZE. Child Safe Standards regulation making power
47. General regulation making power
PART 9--TRANSITIONAL PROVISIONS
Division 1--Children Legislation Amendment (Reportable Conduct) Act 2017
48. Children Legislation Amendment (Reportable Conduct) Act 2017
Division 2--Children Legislation Amendment (Information Sharing) Act 2018
49. Children Legislation Amendment (Information Sharing) Act 2018
Division 3--Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021
50. Definitions
51. Pending investigations
52. Investigation of conduct before commencement day
SCHEDULE 1
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
ENDNOTES
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