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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to establish a Commission for Children and Young People; and
to provide for the functions, powers and duties of the Commission; and
to repeal and re-enact with amendments certain provisions of the Child Wellbeing and Safety Act 2005.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 April 2013, it comes into operation on that day.
In this Act—
authorised person means a person authorised by the Commission under section 22;
S. 3 def. of central register repealed by No. 8/2016 s. 23.
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child means a person who is under the age of 18 years;
child protection client has the meaning given by section 4;
S. 3 def. of Children, Youth and Families youth justice order inserted by No. 32/2024 s. 989(a).
Children, Youth and Families youth justice order means any of the following orders made under the Children, Youth and Families Act 2005 as in force immediately before the commencement of Chapter 7 of the Youth Justice Act 2024—
a probation order;
a youth supervision order;
a youth attendance order;
Commission means the Commission for Children and Young People established by section 6;
Commissioner means an additional Commissioner appointed under section 12;
S. 3 def. of Commis-sioner for Youth Justice inserted by No. 32/2024 s. 989(a).
Commissioner for Youth Justice has the same meaning as in the Youth Justice Act 2024;
S. 3 def. of community service inserted by No. 61/2014 s. 155.
community service has the same meaning as it has in the Children, Youth and Families Act 2005;
corrupt conduct has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011;
S. 3 def. of Department of Justice repealed by No. 34/2020 s. 184.
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education professional means—
a person who is registered as a teacher under the Education and Training Reform Act 2006 or has been granted permission to teach under that Act; or
the principal of a Government school or a non-Government school within the meaning of the Education and Training Reform Act 2006; or
a person who is employed or engaged to provide care or education to children by—
an education and care service within the meaning of the Education and Care Services National Law (Victoria); or
a children's service within the meaning of the Children's Services Act 1996;
function includes a duty;
health professional means—
a medical practitioner; or
a nurse; or
a psychologist; or
a midwife;
S. 3 def. of health service amended by Nos 63/2015 s. 14, 39/2022 s. 796.
health service means—
a relevant health service within the meaning of section 141 of the Health Services Act 1988; or
a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022; or
a Maternal and Child Health Centre; or
an entity that receives funding under a State contract to provide drug or alcohol treatment services;
S. 3 def. of human service amended by No. 19/2019 s. 255(1).
human service means—
a children's service within the meaning of the Children's Services Act 1996; or
an education and care service within the meaning of the Education and Care Services National Law (Victoria); or
an entity that receives funding under a State contract to provide disability services to a person with a disability within the meaning of the Disability Act 2006; or
a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or
an entity that receives funding under a State contract to provide services in relation to family violence or sexual assault; or
an entity that receives funding from the Secretary under a State contract to provide family support services; or
an entity that receives funding under a State contract to provide assistance in providing housing services or other assistance to homeless persons;
IBAC means the Independent Broad-based Anti‑corruption Commission established under the Independent Broad-based Anti‑corruption Commission Act 2011;
S. 3 def. of IBAC personnel amended by No. 31/2024 s. 113(Sch. 1 item 3).
IBAC personnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;
S. 3 def. of Justice Secretary inserted by No. 32/2024 s. 989(a).
Justice Secretary means the Secretary to the Department of Justice and Community Safety;
Maternal and Child Health Centre means a centre where health advice is provided to parents and other caregivers of children under 6 years of age, including by outreach programs;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
midwife means a person registered under the Health Practitioner Regulation National Law—
to practise in the nursing and midwifery profession as a midwife (other than as a student); and
in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
out of home care service has the same meaning as it has in the Children, Youth and Families Act 2005;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 22.1).
police officer has the same meaning as in the Victoria Police Act 2013;
post-secondary qualification means a qualification from an institution, person or body providing or offering to provide (whether in or outside Victoria) post‑secondary education as defined in the Education and Training Reform Act 2006 (whether or not that institution, person or body has since ceased to exist) and includes a qualification from a post‑secondary education provider as defined in that Act;
primary family carer, in relation to a child, means the child's parent or guardian, or another person, who has daily care and control of the child, whether or not that care involves custody of the child;
Principal Commissioner means the Principal Commissioner appointed under section 11;
psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
S. 3 def. of registered community service repealed by No. 17/2023 s. 56.
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school has the same meaning as it has in the Education and Training Reform Act 2006;
S. 3 def. of Secretary amended by No. 17/2023 s. 65(1).
Secretary means the Secretary to the Department of Families, Fairness and Housing established under the Public Administration Act 2004;
State contract means a contract entered into for or on behalf of the State;
vulnerable child or young person has the meaning given by section 5;
welfare practitioner means—
a person with a post-secondary qualification in youth, social or welfare work who works in the health, education, community or welfare services field in a capacity that requires that person to hold such a qualification; or
a person employed under Part 3 of the Public Administration Act 2004 to perform the duties of a child, adolescent and family welfare officer; or
a person who is engaged in the provision of community or welfare services under a State contract;
S. 3 def. of youth justice centre repealed by No. 32/2024 s. 989(e).
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S. 3 def. of youth justice client amended by No. 32/2024 s. 989(b)–(d).
youth justice client means—
a person in respect of whom any of the following orders is in force—
a community service order, probation order, youth supervision and support order or a youth control order within the meaning of the Youth Justice Act 2024;
a Children, Youth and Families youth justice order; or
a child who is detained awaiting—
trial; or
the hearing of a charge; or
sentence; or
a person who is detained in a youth justice custodial centre; or
a child awaiting sentence in respect of whom a pre-sentence report has been ordered under—
Division 2 of Part 8.4 or Division 3 of Part 9.2 of the Youth Justice Act 2024; or
Division 1A of Part 3 of the Sentencing Act 1991;
S. 3 def. of youth justice community service centre inserted by No. 32/2024 s. 989(a).
youth justice community service centre has the same meaning as in the Youth Justice Act 2024;
S. 3 def. of youth justice custodial centre inserted by No. 32/2024 s. 989(a).
youth justice custodial centre has the same meaning as in the Youth Justice Act 2024.
S. 3 def. of youth justice unit repealed by No. 32/2024 s. 989(e).
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S. 3 def. of youth residential centre repealed by No. 32/2024 s. 989(e).
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In this Act, a person is a child protection client if—
he or she is the subject of a report under section 28, 33(2), 183 or 184 of the Children, Youth and Families Act 2005; and
S. 4(b) amended by No. 8/2016 s. 24.
the Secretary has not recorded that the person's case is closed.
In this Act, vulnerable child or young person includes—
a child or young person who is or was a child protection client;
a youth justice client;
S. 5(c) substituted by No. 32/2024 s. 990.
a person attending any of the following in accordance with an order of the Children's Court—
a youth justice community service centre;
any other institution or place established by the Justice Secretary or the Commissioner for Youth Justice;
S. 5(d) amended by No. 17/2023 s. 57.
a child who is receiving or has received services from a community service;
S. 5(e) amended by No. 17/2023 s. 57.
a child whose primary family carer is receiving or has received services from a community service;
a child who has died from abuse or neglect;
S. 5(g) amended by No. 61/2014 s. 156.
a person under the age of 21 years who is leaving, or who has left, the care of the Secretary to live independently.
Note
See section 16(1)(g) of the Children, Youth and Families Act 2005.
The Commission for Children and Young People is established.
The Commission is to be constituted by the Principal Commissioner.
The objective of the Commission is to promote continuous improvement and innovation in—
policies and practices relating to the safety and wellbeing of—
vulnerable children and young persons; and
children and young persons generally; and
the provision of out of home care services for children.
The functions of the Commission are—
to provide advice to Ministers, Government Departments, health services and human services about policies, practices and the provision of services relating to the safety or wellbeing of vulnerable children and young persons; and
to promote the interests of vulnerable children and young persons in the Victorian community; and
to monitor and report to Ministers on the implementation and effectiveness of strategies relating to the safety or wellbeing of vulnerable children and young persons; and
to provide advice and recommendations to the Minister about child safety issues, at the request of the Minister; and
to promote child-friendly and child-safe practices in the Victorian community; and
S. 8(1)(f) repealed by No. 58/2025 s. 64.
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the functions relating to out of home care conferred by Part 4; and
S. 8(1)(ga) inserted by No. 17/2023 s. 38.
the functions relating to assisting and advocating for children and young persons conferred by Part 4A; and
the functions relating to inquiries conferred by Part 5; and
any other functions conferred on the Commission by or under this Act or any other Act.
The Commission must act independently and impartially in performing its functions.
The Commission must, when performing a function in relation to a vulnerable child or young person, perform the function for the purpose of promoting the best interests of the child or person.
Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under—
this Act; or
any other Act; or
regulations made under this Act or any other Act.
The Principal Commissioner has—
all the functions and powers of the Commission; and
any other powers or functions conferred on the Principal Commissioner by or under this or any other Act.
Without limiting subsection (1), the Principal Commissioner may engage consultants, contractors or agents for or in connection with the performance of the Commission's functions.
All acts and things done by the Principal Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission.
The Governor in Council, on the recommendation of the Minister, may appoint a person as Principal Commissioner.
The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as Principal Commissioner because of his or her knowledge and experience.
The Principal Commissioner must be appointed on a full-time basis.
The Governor in Council, on the recommendation of the Minister, may appoint a person as an additional Commissioner.
The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as a Commissioner because of his or her knowledge and experience.
A Commissioner may be appointed on a full-time or part-time basis.
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