Victorian Numbered Acts

HEALTH AND CHILD WELLBEING LEGISLATION AMENDMENT ACT 2018 (NO. 4 OF 2018) - SECT 3

    (1)     In section 3(1) of the Child Wellbeing and Safety Act 2005 —

        (a)     in the definition of "applicable entity", in paragraph (c)(ii), after "facilities" insert "or in producing or providing goods";

        (b)     in the definition of "employee", for paragraph (d) substitute —

    "(d)     either—

              (i)     a foster carer approved by the entity under section 75 of the Children, Youth and Families Act 2005 with whom a child is or has been placed under that Act or in accordance with an order made under that Act; or

              (ii)     a family member or other person of significance to a child with whom the child is or has been placed in out of home care, or who is supervised in that care, by the entity, or the head of the entity, under the Children, Youth and Families Act 2005 or in accordance with an order made under that Act—

and—

              (iii)     a permanent care order has not been made in respect of the child; or

              (iv)     a permanent care order has been made in respect of the child and a reportable allegation in relation to the child is made concerning the permanent carer in respect of the period before the making of the order;";

        (c)     for the definition of head substitute —

""head", in relation to an entity to which the reportable conduct scheme applies, means—

        (a)     if the entity is a Department, the Secretary to the Department or the delegate of the Secretary; or

        (b)     if the regulations prescribe a person or a class of persons as the head of an entity, the prescribed person or a person belonging to the prescribed class of persons; or

        (c)     in any other case—

              (i)     the chief executive officer of the entity (however described); or

              (ii)     if there is no chief executive officer, the principal officer of the entity (however described); or

              (iii)     if there is no chief executive officer or principal officer, a person, or the holder of a position, in the entity nominated by the entity and approved by the Commission;".

    (2)     In section 3(1) of the Child Wellbeing and Safety Act 2005 —

        (a)     in the definition of category 1 entity omit "applicable";

        (b)     in the definition of category 2 entity omit "applicable";

        (c)     in the definition of "relevant entity", in paragraph (a) omit "applicable".

    (3)     For section 3(2) of the Child Wellbeing and Safety Act 2005 substitute —

    "(2)     A reference in this Act to the provision
of a service or facility or the production or provision of goods by a category 1 entity, category 2 entity or applicable entity is, in relation to an individual who carries on a business, a reference to the provision of the service or facility or the production or provision of goods by the business.".