Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 161

Restrictions on who may provide long-term care of children

    (1)     A person must not, for fee or reward, provide care for a period longer than 24 hours for a child who is under 15 years of age.

Penalty:     15 penalty units.

    (2)     Subsection (1) does not apply to the provision of care for a child

        (a)     by a parent or relative of the child; or

        (b)     in the case of an Aboriginal child, by a member of the Aboriginal community of that child; or

S. 161(2)(c) amended by No. 6/2024 s. 91.

        (c)     by an out of home care service provider or a secure welfare service provider; or

        (d)     by a person under a child care agreement within the meaning of Part 3.5; or

        (e)     by an institution or establishment conducted wholly for educational purposes or as a hospital or convalescent home; or

        (f)     by an institution or establishment conducted wholly as a holiday camp or for another similar purpose; or

        (g)     in a private house (including a boarding house) in which a child is temporarily accommodated; or

S. 161(2)(ga) inserted by No. 19/2019 s. 254(3).

        (ga)     by a registered NDIS provider providing to the child under the NDIS short term accommodation and assistance or supported independent living; or

S. 161(2)(gb) inserted by No. 19/2019 s. 254(3).

        (gb)     by a disability service provider within the meaning of the Disability Act 2006 ; or

        (h)     by an institution or establishment or an institution or establishment included in a class of institutions or establishments exempted from the operation of subsection (1) by the Secretary by notice sent by post to the institution or establishment concerned.

Ch. 3 Pt 3.7 (Heading and ss 161A, 161B) inserted by No. 29/2014 s. 8.

Part 3.7—Management of children in out of home care

S. 161A inserted by No. 29/2014 s. 8.



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