Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN LEGISLATION AMENDMENT ACT 2019 (NO. 30 OF 2019) - SECT 1

Purposes

    (1)     The main purposes of this Act are—

        (a)     to amend the Children, Youth and Families Act 2005

              (i)     to include persons in religious ministry as mandatory reporters under that Act; and

              (ii)     to clarify that a mandatory reporter is not able to rely on the religious confession privilege in the Evidence Act 2008 to avoid the reporting requirement imposed by section 184 of the Children, Youth and Families Act 2005 ; and

        (b)     to amend the Crimes Act 1958 to provide that information that would be privileged under the religious confessions privilege in the Evidence Act 2008 is no longer exempt for the purposes of section 327; and

        (c)     to amend the Evidence Act 2008 to provide that the religious confessions privilege does not apply in proceedings for an offence against section 184 of the Children, Youth and Families Act 2005 or section 327(2) of the Crimes Act 1958 .

    (2)     The other purposes of this Act are—

        (a)     to amend the Children, Youth and Families Act 2005

              (i)     to confer powers on the Secretary to make authorisations in relation to non-Aboriginal children in certain circumstances; and

              (ii)     to amend powers to share information between the Secretary and community-based child and family services; and

              (iii)     to clarify that routine medical care includes immunisation in certain circumstances; and

              (iv)     to clarify the persons who are protected when disclosing information in good faith; and

              (v)     to make other minor amendments; and

        (b)     to amend the Children Legislation Amendment (Information Sharing) Act 2018 in relation to the amendment of a definition in the Children, Youth and Families Act 2005 ; and

        (c)     to amend the Privacy and Data Protection Act 2014 to clarify an exemption in relation to information sharing under the Child Wellbeing and Safety Act 2005 ; and

        (d)     to amend the Working with Children Act 2005

              (i)     to clarify and limit the grounds on which a person who has been given a negative notice on a Category A application or a Category A re-assessment may apply to VCAT for review of the negative notice or for an assessment notice to be given to the person; and

              (ii)     to amend Schedule 1 to that Act to clarify the offences specified as category A offences; and

              (iii)     to make minor miscellaneous amendments to that Act; and

        (e)     to amend the Limitation of Actions Act 1958 to allow for certain actions in relation to death or personal injury arising from child abuse to be brought despite being dismissed due to the expiry of a limitation period or settled prior to the removal of limitation periods on 1 July 2015 and to provide for certain judgments and settlement agreements to be set aside.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback