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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Children, Youth and Families Amendment Bill 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--CHILD SAFETY CONFERENCES 3
4 Record of investigation 3
5 New Part 4.6A inserted 3
PART 4.6A--CHILD SAFETY CONFERENCES AND
AGREEMENTS 3
Division 1--Child safety conferences 3
213A Child safety conferences 3
213B Purpose of a child safety conference 4
213C Who may attend a child safety conference? 4
213D Convenor may refuse attendance at child safety
conference 6
213E Outcomes of a child safety conference 7
213F Court may make orders in the absence of parties 8
213G Court may consider report by convenor 8
213H Report to court by convenor 9
213I Court may dispense with service 9
213J Parties to proceedings 9
213K Court not required to consider disposition report 9
Division 2--Convenors of child safety conferences 10
213L Convenors of child safety conferences 10
213M Appointment of convenors 10
Division 3--Conduct of child safety conferences 11
213N Conduct of child safety conference 11
213O Guidelines for conduct of child safety conferences 12
213P Child safety conference to be conducted in accordance
with guidelines 12
213Q Sharing of information 12
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Clause Page
213R Confidentiality of child safety conferences 13
213S Restriction on publication 13
213T Immunity of participants 15
Division 4--Child safety agreements 15
213U Child safety agreements 15
213V Agreeing to child safety agreement without admission 16
213W Use of child safety agreement in court proceedings 17
213X Record of child safety agreement 17
6 Disposition reports 17
PART 3--AUTHORISATION OF PRINCIPAL OFFICER OF
ABORIGINAL AGENCY 18
7 Definitions 18
8 Delegation 18
9 Secretary may authorise principal officer of Aboriginal agency
to act 18
10 New sections 18A to 18D inserted 19
18A Powers and functions of acting principal officer 19
18B Delegation by principal officer of Aboriginal agency 19
18C Disclosure of information by Secretary to principal
officer of Aboriginal agency 20
18D Use of information disclosed to Aboriginal agency
and principal officer 20
11 Internal review 21
12 New section 331A inserted 21
331A Internal review--decision of principal officer of
Aboriginal agency 21
13 Review by Victorian Civil and Administrative Tribunal 21
PART 4--REPEAL OF AMENDING ACT 23
14 Repeal of amending Act 23
ENDNOTES 24
571498B.I-6/5/2014 ii BILL LA INTRODUCTION 6/5/2014
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Children, Youth and Families
Amendment Bill 2014
A Bill for an Act to amend the Children, Youth and Families
Act 2005 to provide for child safety conferences in respect of children
who are in need of protection and to make further provision in relation
to the authorisation of a principal officer of an Aboriginal agency and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Children, Youth and Families Act 2005--
5 (a) to provide for child safety conferences and
child safety agreements in respect of children
who are in need of protection; and
571498B.I-6/5/2014 1 BILL LA INTRODUCTION 6/5/2014
Children, Youth and Families Amendment Bill 2014
Part 1--Preliminary
s. 2
(b) to make further provision in relation to the
authorisation of a principal officer of an
Aboriginal agency.
2 Commencement
5 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 May 2015, it comes into
operation on that day.
10 3 Principal Act
See: In this Act, the Children, Youth and Families
Act No.
96/2005. Act 2005 is called the Principal Act.
Reprint No. 4
as at
27 March
2013
and
amending
Act Nos
96/2005,
9/2013,
30/2013,
52/2013,
63/2013,
67/2013,
74/2013,
17/2014,
19/2014,
26/2014 and
29/2014.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Part 2--Child Safety Conferences
s. 4
PART 2--CHILD SAFETY CONFERENCES
4 Record of investigation
(1) In section 206(2)(f) of the Principal Act for
"belongs." substitute "belongs; or".
5 (2) After section 206(2)(f) of the Principal Act
insert--
"(g) a person present at a child safety conference
arranged under Part 4.6A.".
5 New Part 4.6A inserted
10 After Part 4.6 of the Principal Act insert--
"PART 4.6A--CHILD SAFETY CONFERENCES
AND AGREEMENTS
Division 1--Child safety conferences
213A Child safety conferences
15 (1) The Secretary may arrange a child safety
conference in respect of a child in any of the
following circumstances--
(a) a protective intervener has completed
an investigation under section 205 and
20 reasonably believes that the child is in
need of protection;
(b) a protective intervener has made a
protection application in respect of the
child;
25 (c) a child safety agreement under
section 213U has been reached in
respect of the child;
(d) a protection order has been made in
respect of the child and the Secretary--
30 (i) has grounds to make or has made
an application under section 293,
300, 304 or 305; or
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Part 2--Child Safety Conferences
s. 5
(ii) has grounds to take or has taken
action under section 312.
(2) The Secretary must designate a person
appointed under section 213M as a convenor
5 for a child safety conference.
(3) The Secretary may arrange more than one
child safety conference in respect of a child
under this section.
213B Purpose of a child safety conference
10 The purpose of a child safety conference is--
(a) to address the protective concerns in
relation to a child in a timely manner
and without regard to legal formalities
to minimise the need for court
15 proceedings; and
(b) to enable a child's family, with the
assistance of the convenor, to lead the
resolution of the issues surrounding the
child's need for protection; and
20 (c) to seek agreement between the
participants about a child safety
agreement or proposed orders.
213C Who may attend a child safety
conference?
25 (1) A child safety conference is to be attended
by--
(a) the parent or parents of the child unless
subsection (6) applies; and
(b) the Secretary.
30 (2) The convenor may also permit any of the
following persons to attend a child safety
conference--
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s. 5
(a) the child in respect of whom the
conference is being held;
(b) a relative or relatives of the child;
(c) in the case of an Aboriginal child, a
5 member of the child's Aboriginal
community as agreed to by the child if
the child is mature enough to give
instructions;
(d) if the child's parent is an Aboriginal
10 person, a member of the parent's
Aboriginal community as agreed to by
the parent;
(e) in the case of a child from an ethnic
background, a member of the
15 appropriate ethnic community who is
chosen or agreed to by the child or by
his or her parent;
(f) if the child has a disability, an advocate
for the child;
20 (g) if the child's parent has a disability, an
advocate for the parent;
(h) any other support person for the child
requested by the child;
(i) subject to subsection (5), any other
25 person, permitted by the convenor, who
the convenor considers may make a
meaningful contribution to addressing
the protective concerns in relation to
the child.
30 (3) A legal representative of a parent of the child
may attend the child safety conference.
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(4) A legal representative of the child may
attend if--
(a) the child is mature enough to give
instructions; or
5 (b) in exceptional circumstances, the
convenor determines that it is in the
best interests of a child who, in the
opinion of the convenor is not mature
enough to give instructions, for the
10 child to be legally represented at the
child safety conference.
(5) The convenor must consult with the
Secretary before permitting a person under
subsection (2)(i) to attend a child safety
15 conference.
(6) If a parent of the child does not attend a child
safety conference, the conference may only
proceed if the convenor is satisfied--
(a) that the parent who is absent is not
20 significantly involved in the child's life;
or
(b) that the parent who is absent cannot be
located or does not have the capacity to
attend; or
25 (c) that the views of the parent who is
absent can be adequately conveyed by
any other person who is in attendance.
213D Convenor may refuse attendance at child
safety conference
30 (1) Despite section 213C, the convenor of a
child safety conference may exclude a
person from attending a child safety
conference if, in the opinion of the
convenor--
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Part 2--Child Safety Conferences
s. 5
(a) that person's attendance would not be in
the best interests of the child in respect
of whom the conference has been
arranged; or
5 (b) that person's attendance would present
a risk to the safety of another
participant or the child in respect of
whom the conference has been
arranged.
10 (2) If a convenor excludes a person under
subsection (1), he or she must record the
reasons for this decision.
213E Outcomes of a child safety conference
(1) A child safety conference may result in any
15 of the following outcomes--
(a) subject to subsections (2) and (3), an
agreement to propose orders in respect
of the child;
(b) a child safety agreement in respect of
20 the child;
(c) an agreement that no further action is
required to be taken;
(d) no agreement being reached in respect
of the child.
25 (2) An agreement to propose orders in respect of
the child must be between--
(a) the Secretary; and
(b) the parent or parents of the child
participating in the conference; and
30 (c) any participant of the conference who is
a party to a current child protection
proceeding in relation to the child.
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s. 5
(3) An agreement to propose orders must not be
entered into if the agreement is opposed at
the conference by--
(a) the child if the child is mature enough
5 to give instructions and was present or
legally represented at the conference; or
(b) a legal representative of the child
permitted to attend the conference
under section 213C(4)(b).
10 (4) Despite any agreement being reached under
subsection (1), if a protection order is
already in force in respect of a child, that
order will continue in force until it is varied,
extended or revoked by the Court.
15 213F Court may make orders in the absence of
parties
If there is agreement under section
213E(1)(a) to propose orders in respect of
the child and the Court is satisfied that the
20 terms of the proposed orders and the making
of the orders is in the best interests of the
child, the Court may make the orders without
requiring the parties to attend, or be
represented at, the proceeding.
25 213G Court may consider report by convenor
(1) If there is agreement under section
213E(1)(a) to propose orders in respect of
the child, the Court may consider the written
report of the convenor of the conference in
30 determining whether to make the orders.
(2) If the Court requires further information to
enable it to determine whether to make the
orders referred to in subsection (1), it may
request that the convenor or the Secretary
35 provide further information.
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Part 2--Child Safety Conferences
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213H Report to court by convenor
A written report made by a convenor under
section 213L as a result of a child safety
conference is admissible in Court
5 proceedings in respect of the child who is the
subject of the conference for the purpose of
establishing the conclusions reached at the
conference.
213I Court may dispense with service
10 Despite anything to the contrary in Part 8.1,
if there is agreement under section
213E(1)(a) to propose orders in respect of
the child, the Court may determine that a
person is not required to be served with a
15 document under that Part if--
(a) he or she was a participant of the child
safety conference and agrees with the
proposed orders; or
(b) he or she is a parent of the child who
20 did not attend the child safety
conference for any of the reasons
specified in section 213C(6).
213J Parties to proceedings
A person who participates in a child safety
25 conference does not, by virtue only of that
participation, become a party to any other
proceeding under this Act in relation to the
child who was the subject of the conference.
213K Court not required to consider disposition
30 report
Despite anything to the contrary in
section 276, the Court is not required to
receive or consider a disposition report
before making an order under section 213F.
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Part 2--Child Safety Conferences
s. 5
Division 2--Convenors of child safety
conferences
213L Convenors of child safety conferences
The role of a convenor of a child safety
5 conference is--
(a) to facilitate a family-led conference;
and
(b) to encourage and support participants to
express their views and to speak on
10 their own behalf; and
(c) to assist the participants to resolve the
protective concerns in respect of the
child; and
(d) if there is agreement under section
15 213E(1)(a) to propose orders in respect
of the child, to provide to the Court a
written report of the outcome of the
conference; and
(e) if, in accordance with section 213E, the
20 participants of the conference agree to a
child safety agreement, to document
that agreement; and
(f) if the conference results in any outcome
other than an agreement under section
25 213E(1)(a) to propose orders in respect
of the child, to provide a written report
to the Secretary about that outcome.
213M Appointment of convenors
(1) The Secretary may designate as a convenor
30 for the purposes of section 213A--
(a) a person who has been appointed as a
conciliation convenor under
section 227; or
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Part 2--Child Safety Conferences
s. 5
(b) a person who has been appointed as a
convenor for the purposes of this
section.
(2) Subject to subsection (3), a person may be
5 appointed as convenor by--
(a) the Secretary; or
(b) a public service body Head within the
meaning of the Public Administration
Act 2004; or
10 (c) a statutory body or organisation
approved by the Secretary for that
purpose.
(3) A convenor is to be appointed in accordance
with the guidelines determined by the
15 Secretary from time to time.
(4) A convenor is not, in respect of the office of
convenor, subject to the Public
Administration Act 2004.
Division 3--Conduct of child safety
20 conferences
213N Conduct of child safety conference
(1) Subject to section 213P, it is intended that
the participants of a child safety conference
act in a manner that--
25 (a) is informal and collaborative; and
(b) encourages and supports families to
take the lead in resolving the issues
discussed at the conference; and
(c) encourages all participants of the
30 conference to engage and share
information collaboratively and
respectfully; and
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Part 2--Child Safety Conferences
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(d) ensures that the best interests of the
child is the paramount consideration of
the conference.
(2) If a legal representative participates in a
5 child safety conference, he or she must--
(a) inform his or her client that the best
interests of the child is the paramount
consideration; and
(b) encourage his or her client to have
10 regard to this consideration.
213O Guidelines for conduct of child safety
conferences
The Secretary may, from time to time, issue
and publish guidelines providing for the
15 conduct of child safety conferences.
213P Child safety conference to be conducted in
accordance with guidelines
The convenor of a child safety conference
must conduct the conference in accordance
20 with any guidelines issued by the Secretary
under section 213O.
213Q Sharing of information
The sharing of information in good faith in
order to arrange a child safety conference or
25 as reasonably required in connection with a
child safety conference--
(a) does not for any purpose constitute
unprofessional conduct or a breach of
professional ethics on the part of the
30 person by whom it is shared; and
(b) does not make the person by whom it is
shared subject to any liability in respect
of it; and
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Part 2--Child Safety Conferences
s. 5
(c) does not constitute a contravention of--
(i) section 141 of the Health
Services Act 1988; or
(ii) section 120A of the Mental
5 Health Act 1986.
213R Confidentiality of child safety conferences
(1) Evidence of anything said or done or
admissions made at a child safety conference
or in preparation for a child safety
10 conference is only admissible in a
proceeding before a court if the court grants
leave or all of the participants of the child
safety conference grant consent.
(2) A court may only grant leave under
15 subsection (1) if satisfied that it is necessary
to do so to ensure the safety and wellbeing of
the child or any other person.
213S Restriction on publication
(1) A person must not publish or cause to be
20 published--
(a) except with the permission of the
President if proceedings relating to the
child have commenced, or the Secretary
in any other case, any information
25 disclosed at a child safety conference
that is likely to lead to identification
of--
(i) the particular venue where a child
safety conference was conducted;
30 or
(ii) a child or other participant of the
conference; or
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Part 2--Child Safety Conferences
s. 5
(b) except with the permission of the
President if proceedings relating to the
child have commenced, or the Secretary
in any other case, a picture as being or
5 including a picture of a child or other
participant of, a conference referred to
in paragraph (a); or
(c) except with the permission of the
President if proceedings relating to the
10 child have commenced, or the Secretary
in any other case, any matter that
contains any particulars likely to lead to
the identification of a child as being the
subject of a child safety conference.
15 Penalty: In the case of a body corporate--
500 penalty units;
In any other case--100 penalty
units or imprisonment for 2 years.
(2) Without limiting the generality of subsection
20 (1), the following particulars are deemed to
be particulars likely to lead to the
identification of a person--
(a) the name, title, pseudonym or alias of
the person;
25 (b) the address of any premises at which
the person resides or works, or the
locality in which those premises are
situated;
(c) the address of a school attended by the
30 person or the locality in which the
school is situated;
(d) the physical description or the style of
dress of the person;
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Part 2--Child Safety Conferences
s. 5
(e) any employment or occupation engaged
in, profession practised or calling
pursued by the person or any official or
honorary position held by the person;
5 (f) the relationship of the person to
identified relatives of the person or the
association of the person with identified
friends or identified business, official or
professional acquaintances of the
10 person;
(g) the recreational interests or the
political, philosophical or religious
beliefs or interests of the person;
(h) any real or personal property in which
15 the person has an interest or with which
the person is otherwise associated.
213T Immunity of participants
(1) A convenor has, in the performance of his or
her duties as convenor of a child safety
20 conference under this Part, the same
protection and immunity as a magistrate has
in the performance of his or her duties.
(2) A person representing a participant of a child
safety conference has the same protection
25 and immunity as a legal practitioner has in
representing a party in proceedings in the
Court.
Division 4--Child safety agreements
213U Child safety agreements
30 (1) A child safety agreement is an agreement
reached as a result of a child safety
conference in respect of a child which sets
out--
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Part 2--Child Safety Conferences
s. 5
(a) the protective concerns in respect of the
child; and
(b) how those protective concerns will be
addressed; and
5 (c) any other matters that have been agreed
to and are relevant to the circumstances
of the child.
(2) A child safety agreement is an agreement
between--
10 (a) the parent or parents of the child
participating in the conference; and
(b) the Secretary; and
(c) all of the participants of the child safety
conference who will play a significant
15 role in implementing the child safety
agreement, including a carer of the
child.
(3) The convenor must cause a copy of the child
safety agreement to be provided to--
20 (a) all participants of the child safety
conference who agree to the child
safety agreement; and
(b) the parent or parents of the child; and
(c) if the child is aged 10 years or more,
25 the child.
213V Agreeing to child safety agreement
without admission
A participant of a child safety conference
may agree to a child safety agreement
30 without admitting--
(a) the need for the agreement; or
(b) any of the protective concerns detailed
in the agreement.
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Part 2--Child Safety Conferences
s. 6
213W Use of child safety agreement in court
proceedings
In any proceedings in respect of a child
about whom a child safety agreement has
5 been reached, a court may consider the
agreement and any relevant inferences that
can be drawn from the agreement taking into
account--
(a) the nature and content of the
10 agreement; and
(b) the circumstances in which the
agreement was made; and
(c) any other relevant matter.
213X Record of child safety agreement
15 The Secretary must keep a written record of
all child safety agreements agreed to under
this Part.
__________________".
6 Disposition reports
20 After section 557(2) of the Principal Act insert--
"(3) Unless the Court otherwise orders, the
Secretary is not required to prepare and
submit to the Court a disposition report if the
Court only proposes to make an order under
25 section 213F following a child safety
conference.".
__________________
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Children, Youth and Families Amendment Bill 2014
Part 3--Authorisation of Principal Officer of Aboriginal Agency
s. 7
PART 3--AUTHORISATION OF PRINCIPAL OFFICER OF
ABORIGINAL AGENCY
7 Definitions
In section 3(1) of the Principal Act, insert the
5 following definition--
"principal officer, in relation to an Aboriginal
agency, means the chief executive officer (by
whatever name called) of the Aboriginal
agency;".
10 8 Delegation
Section 17(1)(e) of the Principal Act is repealed.
9 Secretary may authorise principal officer of
Aboriginal agency to act
(1) After section 18(2) of the Principal Act insert--
15 "(2A) Before giving an authorisation, the Secretary
must provide the Aboriginal agency and the
principal officer with all information that is
known to the Secretary and that is reasonably
necessary to assist the Aboriginal agency and
20 the principal officer to make an informed
decision as to whether or not to agree to the
authorisation.".
(2) After section 18(6) of the Principal Act insert--
"(7) On the revocation of an authorisation, the
25 principal officer must provide the Secretary
with all of the records that have been created
by or on behalf of the Aboriginal agency, or
provided to the Aboriginal agency, in
relation to the child as a result of the
30 authorisation.".
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Part 3--Authorisation of Principal Officer of Aboriginal Agency
s. 10
10 New sections 18A to 18D inserted
After section 18 of the Principal Act insert--
"18A Powers and functions of acting principal
officer
5 (1) This section applies if a person is appointed
to act as the principal officer of an
Aboriginal agency during a vacancy in the
office of the principal officer or during any
period when the principal officer is unable to
10 perform the functions of his or her office,
whether because of illness, absence or for
any other reason.
(2) The person who is acting as the principal
officer is authorised to perform the functions
15 and exercise the powers specified in an
authorisation under section 18 in respect of
the child who is the subject of the
authorisation as if--
(a) the person were the principal officer;
20 and
(b) the person has all the functions, powers
and duties of the principal officer under
this Act.
(3) This section applies even if the person acting
25 as the principal officer is not an Aboriginal
person.
18B Delegation by principal officer of
Aboriginal agency
The principal officer of an Aboriginal
30 agency may, by instrument, delegate to any
person or class of person employed by the
Aboriginal agency any function or power
that the principal officer has been authorised
under section 18 to perform or exercise,
35 except this power of delegation.
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s. 10
18C Disclosure of information by Secretary to
principal officer of Aboriginal agency
(1) For the purposes of section 18, the Secretary
may disclose to the principal officer of an
5 Aboriginal agency information that would
otherwise be prohibited to be disclosed under
this Act.
(2) Subsection (1) applies despite anything to
the contrary in this Act.
10 (3) Subsection (1) is subject to any contrary
direction by a court.
(4) Information referred to in subsection (1) may
only be disclosed by the Secretary to the
extent that it relates to a child who is or is to
15 be the subject of an authorisation of the
principal officer under section 18.
18D Use of information disclosed to Aboriginal
agency and principal officer
(1) A person must not disclose information
20 provided by the Secretary to an Aboriginal
agency or the principal officer of an
Aboriginal agency under section 18(2A) to
any other person except for the purpose set
out in section 18(2A).
25 Penalty: 10 penalty units.
(2) Subsection (1) does not apply to a principal
officer of an Aboriginal agency who is
authorised under section 18 in respect of the
child to whom the information relates.".
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Part 3--Authorisation of Principal Officer of Aboriginal Agency
s. 11
11 Internal review
After section 331(2) of the Principal Act insert--
"(3) This section does not apply to a decision of a
principal officer of an Aboriginal agency
5 who is authorised under section 18 to
perform the functions or exercise the powers
of the Secretary in respect of an Aboriginal
child.".
12 New section 331A inserted
10 After section 331 of the Principal Act insert--
"331A Internal review--decision of principal
officer of Aboriginal agency
(1) If the principal officer of an Aboriginal
agency has been authorised under section 18
15 in respect of an Aboriginal child, the
principal officer must prepare and implement
procedures for the review within the
Aboriginal agency of decisions made as part
of the decision-making process under the
20 authorisation.
(2) The principal officer must ensure that a copy
of the procedures prepared under subsection
(1) is given to the child and his or her parent,
together with the copy of the case plan
25 required to be given under section 167
(if applicable), as soon as practicable after
the authorisation under section 18 is given.".
13 Review by Victorian Civil and Administrative
Tribunal
30 (1) After section 333(1)(a) of the Principal Act
insert--
"(ab) without limiting paragraph (a), a decision
contained in a case plan prepared in respect
of the child under section 167 by the
35 principal officer of an Aboriginal agency or
571498B.I-6/5/2014 21 BILL LA INTRODUCTION 6/5/2014
Children, Youth and Families Amendment Bill 2014
Part 3--Authorisation of Principal Officer of Aboriginal Agency
s. 13
any other decision made by the principal
officer concerning the child under an
authorisation under section 18; or".
(2) In section 333(3) of the Principal Act, for
5 "section 331 or 332" substitute "section 331,
331A or 332".
__________________
571498B.I-6/5/2014 22 BILL LA INTRODUCTION 6/5/2014
Children, Youth and Families Amendment Bill 2014
Part 4--Repeal of Amending Act
s. 14
PART 4--REPEAL OF AMENDING ACT
14 Repeal of amending Act
This Act is repealed on 1 May 2016.
Note
5 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).
571498B.I-6/5/2014 23 BILL LA INTRODUCTION 6/5/2014
Children, Youth and Families Amendment Bill 2014
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571498B.I-6/5/2014 24 BILL LA INTRODUCTION 6/5/2014
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