Victorian Numbered Acts

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

FAMILY VIOLENCE PROTECTION AMENDMENT (INFORMATION SHARING) ACT 2017 (NO. 23 OF 2017) - SECT 16

New Part 11 of Principal Act inserted

After Part 10 of the Principal Act insert

" Part 11—Family Violence Risk Assessment and Risk Management Framework

        188     Definitions

In this Part—

"approved framework "means the Family Violence Risk Assessment and Risk Management Framework approved by the Minister under section 189 as amended from time to time;

"framework organisation "means a body prescribed to be a framework organisation for the purposes of this Part;

"Secretary" means the Department Head of the Minister's department;

section 191 agency means an agency—

        (a)     that a public service body or public entity enters into or renews a State contract or other contract or agreement with in accordance with section 191; and

        (b)     that provides services under that contract or agreement that are relevant to family violence risk assessment or family violence risk management;

"State contract "has the same meaning as it has in section 3 of the Privacy and Data Protection Act 2014 .

        189     Minister may approve framework

    (1)     The Minister may at any time approve a framework for family violence risk assessment and family violence risk management.

    (2)     The framework is to be known as the Family Violence Risk Assessment and Risk Management Framework.

    (3)     The Minister may at any time approve an amendment to an approved framework.

    (4)         A framework approved under this section is a legislative instrument within the meaning of the Subordinate Legislation Act 1994 .

    (5)     The Minister may, by instrument, delegate to the Secretary any power of the Minister under this section except this power of delegation.

        190     Obligation to align with approved framework

A framework organisation that provides services relevant to family violence risk assessment and family violence risk management must ensure that its relevant policies, procedures, practice guidance and tools align with the Framework.

        191     Compliance with approved framework to form condition of contract or agreement

A public service body or public entity must not enter into or renew a State contract or other contract or agreement with an agency for the provision of services relevant to family violence risk assessment or family violence risk management unless a term of the State contract or other contract or agreement requires the agency to align their relevant policies, procedures, practice guidance and tools with the approved framework.

        192     Ministers to prepare annual report on approved framework

    (1)     A Minister who has responsibility for a framework organisation or a section 191 agency must, in respect of each financial year, prepare an annual report of the prescribed matters relating to the implementation and operation of the approved framework by the framework organisations and section 191 agencies for which the Minister has responsibility.

    (2)     A Minister referred to in subsection (1) must provide a copy of the report to the Minister administering this Part within 3 months after the end of the financial year to which the report relates.

        193     Consolidated annual report to be tabled in Parliament

    (1)     The Minister must prepare a consolidated annual report of the prescribed matters relating to the implementation of the approved framework by framework organisations and section 191 agencies.

    (2)     The Minister must cause a copy of the consolidated annual report to be laid before each House of the Parliament within 6 sitting days after 1 January in the financial year immediately following the financial year to which the report relates.

        194     Minister must review approved framework

    (1)     The Minister must cause a review of the operation of the approved framework to be conducted     within 5 years after the commencement of this Part.

    (2)     The Minister must cause a further review of the operation of the approved framework to be conducted periodically every 5 years after the date on which a review is completed under subsection (1).

    (3)     A review conducted under this section must—

        (a)     assess whether the approved framework reflects the current evidence of best practices of family violence risk assessment and family violence risk management; and

        (b)     recommend the changes required (if any) to ensure the approved framework is consistent with those best practices.

        195     Review of operation of Part

    (1)     The Minister must cause a review of the operation of this Part to be conducted within 5 years after the commencement of this Part.

    (2)     A review conducted under this section must—

        (a)     assess the extent to which this Part is achieving the objective of providing a framework for achieving consistency in family violence risk assessment and family violence risk management; and

        (b)     recommend the changes required (if any) to improve the effectiveness of this Part in achieving that objective.

        196     Rights and liabilities

The Parliament does not intend by this Part to create in any person any legal right or give rise to any civil cause of action.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback