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Amendments Made to Legislation for the Benefit of Children

Children and Health Legislation Amendment (Statement of Recognition and Other Matters) Bill 2022

Amendment of the Children, Youth and Families Act 2005

A statement of recognition is inserted in the Act formally recognizing Aboriginal people as First Nations persons of Australia. The Parliament also acknowledges the key role of the child protection system in policies leading to the colonisation of the Aboriginal people who are systematically being forcibly removed through laws and policies of the child protection system. This is a statement against the ongoing structural inequality and systemic racism against Aboriginal people. However, the parliament does not intend to create in any person any legal right or give rise to any civil cause of action.

Amendment of the Child Wellbeing and Safety Act 2005

New section 3A(3) makes a provision for individuals to be considered as volunteer workers if they are under an arrangement with a provider whereby the provider pays the individual in order for him or her to be able to be supplied to one or more other persons to perform work on a voluntary basis. Through this provision, volunteer workers engaged via third parties are treated as "employees" under the scheme.

Amendment Relating to Commencing a Proceeding under Part 5a

New sections 16ZKA and 16ZKB extend the statute of limitations to commence proceedings for an offence against section 16M(4) respectively. New section 16ZKA(1) gives the Commission or a police officer the express power to bring a proceeding for an offence against Part 5A. New section 16ZKA(2) expressly authorised the Commission or apolice officer to take over and continue proceedings commenced by others authorised by new section 16ZKA(1), at any time. New section 16ZKA(3) sets out the presumption that the person commencing the proceeding for an offence against this Part or the regulations was authorised to do so unless there is evidence to the contrary.

Amendments Relating to Enforcement and Monitoring Compliance with Sec. 16.M 31-66

Through the insertion of Clause 25, 16G of the Child Wellbeing and Safety Act 2005 is amended, setting out the functions of the Commission under Part 5A of that Act.  Subclause (2) inserts additional functions of the Commission in relation to section 16M.  These are to monitor and enforce compliance with section 16M(1) by the head of an entity; and investigate contraventions of section 16M(4).

Child Safe Standards Compliance and Enforcement Amendment Act

New proposed section 29S(2) enables proceedings commenced under this section to be taken over and continued by other persons authorised by this section. New proposed section 29S(3) sets out the presumption that the person commencing the proceeding for an offence against Part 6 of the Child Wellbeing and Safety Act 2005 or any regulations made relating to Part 6 of the Child Wellbeing and Safety Act 2005 was authorised to do so unless there is evidence to the contrary.

Amendments Relating to Judicial Registrars

Clause 33 amends section 529(1) of the Children, Youth and Families Act 2005 regarding the recall and cancellation of warrants to provide that a judicial registrar has the power to recall and cancel any warrant that they have issued, or that has been issued by any other judicial registrar. Clause 34 inserts a new subsection (4) after section 542J(3) of the Children, Youth and Families Act 2005 to provide a judicial registrar with any of the powers, duties and functions of a registrar under that Act and any other Act, or the rules of court. Through this additions, judicial registrars can exercise all the powers of registrars in the Children's Court of Victoria, which is consistent with the powers of judicial registrars in the

Magistrates' Court of Victoria.

Amendment of the Commission for Children and Young People Act 

New functions are inserted for the Commission for Children and Young People. The new functions are the functions relating to assisting and advocating for children and young persons conferred by Part 4A, which is a new Part inserted into the Commission for Children and Young People Act 2012 by clause 39 of this Bill.  New section 30B(1) enables the Commission for Children and Young People to provide advice, information and support to a protected child or young person.  The new provisions enable the Commission to advocate for children's safety, welfare, wellbeing, and human rights.

Amendment of Health Services Act 1988

New section 11B sets out the Statement of Recognition in relation to Aboriginal people in Victoria. New section 11E clarifies that by including the Statement of Recognition, Acknowledgement of Treaty Process and Statement of Recognition principles in the new Part 1A, Parliament does not intend to affect in any way the interpretation of the Health Services Act 1998 or of any other law in force in Victoria; or to create in any person any legal right or to give rise to any civil cause of action; or to provide any ground for review of an administrative act or omission; or to alter or affect an existing entitlement to compensation.  The same nature of amendments are likewise added to the Public Health and Wellbeing Act.

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