children legislation amendment act 2016 · · 2016-03-15children legislation amendment act 2016 ....

Authorised by the Chief Parliamentary Counsel

Authorised Version

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Children Legislation Amendment Act 2016 No. 8 of 2016

TABLE OF PROVISIONS Section Page

Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2

Part 2—Amendments to Children, Youth and Families Act 2005 3 3 Permanency objective 3 4 Preparation of case plan 3 5 Review of case plan 4 6 Secretary may specify certain issues 4 7 Application if there is an irreconcilable difference 4 8 Types of protection order 4 9 Determining the period of a family reunification order 4 10 Care by Secretary order 5 11 Long-term care order 6 12 Application for permanent care order 6 13 Variation or revocation of permanent care order 7 14 Review by Victorian Civil and Administrative Tribunal 7 15 Interstate movement of children 8 16 Financial or other arrangements 8 17 Rules 8 18 Powers of Secretary in relation to medical services and

operations 9 19 Persons whose consent is required 10 20 New clause 6A inserted in Schedule 5 (Transitional) 10 21 References 10 22 Consequential amendments 10

Part 3—Amendments to Commission for Children and Young People Act 2012 12

23 Definitions 12 24 Child protection client 12 25 Access to records 12 26 Access to information 12 27 New section 60A inserted 13

Section Page

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Part 4—Repeal of amending Act 14 28 Repeal of amending Act 14

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Endnotes 15 1 General information 15


Authorised Version

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Children Legislation Amendment Act

2016† No. 8 of 2016

[Assented to 15 March 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary 1 Purposes

The main purposes of this Act are—

(a) to amend the Children, Youth and Families Act 2005 to improve the operation of that Act; and

(b) to amend the Commission for Children and Young People Act 2012 in relation to the disclosure of information under that Act.

Victoria

Part 1—Preliminary


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2 Commencement (1) This Part comes into operation on the day on

which this Act receives the Royal Assent.

(2) Section 21 is taken to have come into operation on 1 March 2016.

(3) The remaining provisions of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

Part 2—Amendments to Children, Youth and Families Act 2005


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3 Permanency objective (1) In section 167(3) of the Children, Youth and

Families Act 2005, before "less than" insert "a cumulative period of".

(2) In section 167(4) of the Children, Youth and Families Act 2005—

(a) in paragraph (a), before "12 months" (where first occurring) insert "a cumulative period of";

(b) in paragraph (b), for "total" substitute "cumulative period".

(3) After section 167(4) of the Children, Youth and Families Act 2005 insert—

"(5) Section 287A(4) applies to the determination of a cumulative period under this section.".

4 Preparation of case plan (1) After section 168(1) of the Children, Youth and

Families Act 2005 insert—

"(1A) The Secretary must ensure that a case plan is prepared in respect of a child after the making by the Court of a therapeutic treatment (placement) order.".

(2) After section 168(2)(b) of the Children, Youth and Families Act 2005 insert—

"(ba) within 8 weeks after the making by the Court of a therapeutic treatment (placement) order; and".



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5 Review of case plan After section 169(3) of the Children, Youth and Families Act 2005 insert—

"(4) Section 287A(4) applies to the determination of a cumulative period under this section.".

6 Secretary may specify certain issues In section 175A(1) of the Children, Youth and Families Act 2005 omit "for whom the Secretary has parental responsibility".

7 Application if there is an irreconcilable difference (1) In section 259(1) of the Children, Youth and

Families Act 2005, for "of a child" substitute "for a child".

(2) In section 259(2) of the Children, Youth and Families Act 2005, for "custody of" substitute "parental responsibility for".

8 Types of protection order After section 275(2) of the Children, Youth and Families Act 2005 insert—

"(3) A care by Secretary order or a long-term care order may be made in relation to a child who is under the age of 18 years but ceases to be in force when the child attains the age of 18 years or marries, whichever happens first.".

9 Determining the period of a family reunification order

(1) In section 287A(4)(b) of the Children, Youth and Families Act 2005, after "under this Part" insert ", including after that order or undertaking ceases to be in force,".



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(2) In section 287A(4)(c) of the Children, Youth and Families Act 2005—

(a) omit "under an order";

(b) for "was subsequently returned to" substitute "has subsequently been in".

10 Care by Secretary order After section 289(1) of the Children, Youth and Families Act 2005 insert—

"(1A) Subject to Division 1, a care by Secretary order may be made on the application of the Secretary.

(1B) A protection order applying to a child at the date of an application for a care by Secretary order in relation to the child continues in force until the application is determined.

(1C) If the Court decides not to make a care by Secretary order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—

(a) an order requiring a person to give an undertaking under this Part; or

(b) a family preservation order in respect of the child; or

(c) a family reunification order in respect of the child; or

(d) a long-term care order in respect of the child; or

(e) an order extending a protection order that is in force in respect of the child.".



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11 Long-term care order After section 290(1) of the Children, Youth and Families Act 2005 insert—

"(1A) Subject to Division 1, a long-term care order may be made on the application of the Secretary.

(1B) A protection order applying to a child at the date of an application for a long-term care order in relation to the child continues in force until the application is determined.

(1C) If the Court decides not to make a long-term care order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—




(d) a care by Secretary order in respect of the child; or

(e) an order extending a protection order that is in force in respect of the child.".

12 Application for permanent care order After section 320(5) of the Children, Youth and Families Act 2005 insert—

"(6) A protection order applying to a child at the date of an application for a permanent care order in relation to the child continues in force until the application is determined.



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(7) If the Court decides not to make a permanent care order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—




(d) a care by Secretary order in respect of the child; or

(e) a long-term care order in respect of the child; or

(f) an order extending a protection order that is in force in respect of the child.".

13 Variation or revocation of permanent care order (1) For section 326(1)(b) and (c) of the Children,

Youth and Families Act 2005 substitute—

"(b) a person who is a parent of the child (other than a person referred to in paragraph (c)), with leave of the Court; or

(c) a person who has parental responsibility for the child under the order (the permanent care parent); or".

(2) In section 326(1B), (1C) and (1D) of the Children, Youth and Families Act 2005, for "subsection (1)(c)" substitute "subsection (1)(b)".

14 Review by Victorian Civil and Administrative Tribunal

In section 333(1)(a) of the Children, Youth and Families Act 2005, for "section 167" substitute "section 168".



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15 Interstate movement of children (1) In section 335(1) of the Children, Youth

and Families Act 2005, before "parental responsibility" insert "sole".

(2) In section 335(2) of the Children, Youth and Families Act 2005, for "12 months" (where twice occurring) substitute "2 years".

16 Financial or other arrangements In section 336(a) and (b) of the Children, Youth and Families Act 2005, before "parental responsibility" insert "sole".

17 Rules (1) In section 588(1)(b) of the Children, Youth and

Families Act 2005, for "conferences." substitute "conferences;".


"(c) generally any matter relating to the practice and procedure of the Family Division of the Court.".

(3) After section 588(1A) of the Children, Youth and Families Act 2005 insert—

"(1AAB) The President together with 2 or more magistrates for the Court may jointly make rules of court for or with respect to—

(a) the form in which process may be issued out of the Court and the manner in which it may be authenticated, stored, transmitted or otherwise dealt with;

(b) the manner in which orders may be authenticated;



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(c) the storage, disposal or destruction of documents—

(i) filed or lodged with the appropriate registrar in proceedings in the Court; or

(ii) issued out of the Court in proceedings in the Court and kept by the principal registrar.".

(4) In section 588(1AB) of the Children, Youth and Families Act 2005, after "magistrates" insert "for the Court".

18 Powers of Secretary in relation to medical services and operations

(1) Section 597(1)(a)(i) of the Children, Youth and Families Act 2005 is repealed.

(2) For section 597(1)(a)(ii) of the Children, Youth and Families Act 2005 substitute—

"(ii) a family reunification order; or".

(3) For section 597(1)(c) of the Children, Youth and Families Act 2005 substitute—

"(c) placed, as the result of an interim accommodation order—

(i) with a suitable person or suitable persons; or

(ii) in an out of home care service; or

(iii) in a secure welfare service; or

(iv) in a declared hospital; or

(v) with a disability service provider within the meaning of the Disability Act 2006; or

(vi) in a declared parent and baby unit; or".



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19 Persons whose consent is required In clause 4(1) of Schedule 1 to the Children, Youth and Families Act 2005, for "custody to Secretary order, supervision order or a supervised custody order" substitute "family preservation order or a family reunification order".

20 New clause 6A inserted in Schedule 5 (Transitional) After clause 6 of Schedule 5 to the Children, Youth and Families Act 2005 insert—

"6A Determining the period of a family reunification order Section 287A applies as if in subsection (1) the list of orders included the following orders—

(a) an interim protection order;

(b) a custody to third party order;

(c) a supervised custody order;

(d) a custody to Secretary order;

(e) a guardianship to Secretary order;

(f) a long-term guardianship to Secretary order.".

21 References In clause 7(b) of Schedule 5 to the Children, Youth and Families Act 2005, for "family preservation order" substitute "family reunification order".

22 Consequential amendments (1) After section 277(1)(e) of the Children, Youth

and Families Act 2005 insert—

"(ea) a care by Secretary order applied for under section 289(1A); or



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(eb) a long-term care order applied for under section 290(1A); or".

(2) In section 277(2)(b) of the Children, Youth and Families Act 2005, for "paragraph (c) or (d)" substitute "subsection (1)(c), (d), (ea) or (eb)".


"(ba) the dismissal of an application under section 289(1A) for a care by Secretary order; or

(bb) the dismissal of an application under section 290(1A) for a long-term care order; or".

(4) After section 515(1)(c) of the Children, Youth and Families Act 2005 insert—

"(ca) a care by Secretary order applied for under section 289(1A); or

(cb) a long-term care order applied for under section 290(1A); or".

(5) After section 525(1)(e) of the Children, Youth and Families Act 2005 insert—

"(ea) application under section 289(1A) for a care by Secretary order; or

(eb) application under section 290(1A) for a long-term care order; or".

(6) After section 557(1)(a) of the Children, Youth and Families Act 2005 insert—

"(ab) the Secretary applies under section 289(1A) for a care by Secretary order; or

(ac) the Secretary applies under section 290(1A) for a long-term care order; or".

Part 3—Amendments to Commission for Children and Young People Act 2012


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23 Definitions In section 3 of the Commission for Children and Young People Act 2012, the definition of central register is repealed.

24 Child protection client In section 4(b) of the Commission for Children and Young People Act 2012 omit "in the central register".

25 Access to records (1) In section 30(2) of the Commission for Children

and Young People Act 2012—

(a) paragraph (a) is repealed;

(b) in paragraph (b), for "other documents" substitute "information, documents or records".

(2) In section 30(3) of the Commission for Children and Young People Act 2012, for "or files" substitute "or records".

26 Access to information (1) Section 42(1)(a) of the Commission for Children

and Young People Act 2012 is repealed.

(2) For section 42(1)(b) of the Commission for Children and Young People Act 2012 substitute—

"(b) information, documents or records in relation to any person or service that is the subject of the inquiry held in or by—

(i) the Department of Education and Training; or



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(ii) the Department of Health and Human Services; or

(iii) the Department of Justice and Regulation;".

(3) After section 42(3) of the Commission for Children and Young People Act 2012 insert—

"(4) This section applies despite anything to the contrary in the Children, Youth and Families Act 2005.".

27 New section 60A inserted After section 60 of the Commission for Children and Young People Act 2012 insert—

"60A Disclosure of information by Secretary The Secretary must disclose to the Commission any information about an adverse event relating to a child in out of home care or a person detained in a youth justice centre or a youth residential centre if the information is relevant to the Commission's functions.".

Part 4—Repeal of amending Act


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Part 4—Repeal of amending Act 28 Repeal of amending Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes


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Endnotes 1 General information

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

† Minister's second reading speech—

Legislative Assembly: 10 February 2016

Legislative Council: 25 February 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005 to improve the operation of that Act and to amend the Commission for Children and Young People Act 2012 in relation to the disclosure of information under that Act and for other purposes."

http://www.legislation.vic.gov.au/

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