Victorian Current Acts

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CHILD WELLBEING AND SAFETY ACT 2005 - SECT 46K

Who is a Child Link user?

    (1)     For the purposes of this Part, each of the following is a Child Link user—

        (a)     the Secretary;

        (b)     the Secretary to the Department of Health and Human Services;

        (c)     the Principal Commissioner appointed under section 11 of the Commission for Children and Young People Act 2012 ;

        (d)     the Disability Services Commissioner within the meaning of the Disability Act 2006 ;

        (e)     a person or class of persons employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary, who is authorised in writing by the Secretary for one or more of the following purposes—

              (i)     to identify children who are not participating in services for which they may be eligible;

              (ii)     to perform functions relating to systems administration of the Register;

              (iii)     for the purpose of data management in accordance with section 46H;

              (iv)     for the purpose of de-identifying confidential information and to provide that de-identified information under section 46O;

        (f)     a person or class of persons employed by the Secretary to the Department of Health and Human Services under Part 3 of the Public Administration Act 2004 or otherwise engaged by that Secretary, who is authorised in writing by that Secretary;

        (g)     a person employed or engaged by a council in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the council;

        (h)     a nurse employed or engaged by a council to provide maternal and child health programs for a Maternal and Child Health service who is authorised in writing by the Chief Executive Officer of the council;

              (i)     a nurse employed or engaged by an entity that provides maternal and child health programs on behalf of a council for a Maternal and Child Health service, who is authorised in writing by the person who has overall management and control of the Maternal and Child Health service;

        (j)     a nurse employed or engaged by the Secretary to provide maternal and child health advice through a state-wide telephone service who is authorised in writing by the Secretary;

        (k)     a person employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the Service;

        (l)     a registered medical practitioner, nurse or midwife employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited engaged in providing maternal and child health programs who is authorised in writing by the Chief Executive Officer of the Service;

        (m)     a registered early childhood teacher providing education and care to children at an approved education and care service who is authorised in writing by the approved provider;

S. 46K(1)(n) amended by No. 37/2019 s. 20(4)(a).

        (n)     a registered early childhood teacher providing education and care to children at an approved children's service who is authorised in writing by the approved provider of the service;

        (o)     a school nurse who is authorised in writing by the Secretary;

        (p)     a school nurse manager who is authorised in writing by the Secretary;

        (q)     a principal of a Government school who is authorised in writing by the Secretary;

        (r)     any of the following persons authorised in writing by the principal of a Government school—

              (i)     a registered teacher employed or engaged to provide instruction or other education services to students at the school;

              (ii)     any other person employed or engaged to provide health or welfare services for students at the school;

        (s)     the principal of a non-Government school who is authorised in writing by the person or body responsible for governance, conduct or management of that school;

        (t)     any of the following persons or classes of persons authorised in writing by the principal of a non-Government school—

              (i)     a registered teacher employed or engaged to provide instruction or other education services to students at the school;

              (ii)     any other person employed or engaged to provide health or welfare services for students at the school;

        (u)     a person or class of persons employed by the Commission for Children and Young People under section 21(1) of the Commission for Children and Young People Act 2012 or otherwise engaged by the Commission, who is authorised in writing by the Principal Commissioner within the meaning of that Act;

              (v)     a person employed to assist the Disability Services Commissioner under section 18(1) of the Disability Act 2006 who is authorised in writing by the Commissioner;

        (w)     a prescribed person who is authorised in writing in accordance with the regulations.

S. 46K(2) amended by No. 37/2019 s. 20(4)(b).

    (2)     For the purposes of subsection (1)(m) and (n), not more than 3 registered early childhood teachers may be authorised at one time in relation to the approved education and care service or approved children's service, as the case requires.

    (3)     For the purposes of subsection (1)(r) and (t), not more than 7 persons may be authorised at one time in relation to the Government school or non‑Government school, as the case requires.

    (4)     If a person who has been authorised under subsection (1) no longer requires access to the Register, the person authorised to give the authorisation must revoke that authorisation.

S. 46L inserted by No. 11/2018 s. 10.



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