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This is a Bill, not an Act. For current law, see the Acts databases.
Health and Child Wellbeing Legislation
Amendment Act 2018
No. of 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of the Child Wellbeing and Safety Act 2005 3
3 Definitions 3
4 Exemption from whole of scheme 5
5 Head of entity to respond to reportable allegation 5
6 Disclosure of information to the Commission, the head of an
entity, a regulator, Victoria Police and others 6
7 New section 16ZJA inserted 6
8 Minister may make Child Safe Standards 6
9 Category 1 and 2 entities must comply with Child Safe
Standards 7
10 Prescribed applicable entity must comply with Child Safe
Standards 7
11 Applicable entity belonging to a prescribed class must comply
with Child Safe Standards 7
12 Exemption from requirement to comply with Child Safe
Standards 8
13 Application of Child Safe Standards to businesses not carried
on by applicable entities 8
14 Schedule 1--Category 1 entities 8
15 Schedule 2--Category 2 entities 8
Part 3--Amendment of the Public Health and Wellbeing Act 2008 9
16 Definitions 9
17 New section 3A inserted 9
18 New Division 3A of Part 8 inserted 10
19 Application of sections 143B, 143C and 143D 11
20 Section 143B substituted 12
21 New section 143E inserted 12
22 Sections 147 and 148 substituted 13
23 New section 149A inserted 14
i
Clause Page
24 Management and control of infectious disease, micro-organisms
and medical conditions 15
Part 4--Amendment of the Health Complaints Act 2016 16
25 Power to delegate 16
26 Protection from liability for Commissioner and Assistant
Commissioners 16
27 New section 156A inserted 16
Part 5--Consequential amendment and repeal of amending Act 17
28 Health Legislation Amendment (Quality and Safety) Act 2017 17
29 Repeal of amending Act 17
═════════════
Endnotes 18
1 General information 18
ii
Health and Child Wellbeing Legislation
Amendment Act 2018
No. of 2018
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to make miscellaneous technical
amendments to the Child Wellbeing and
Safety Act 2005 in relation to the reportable
conduct scheme and the operation of the
Child Safe Standards; and
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 1--Preliminary
(b) to amend the Public Health and Wellbeing
Act 2008--
(i) to align more closely the immunisation
requirements under that Act with
those under the Commonwealth
immunisation scheme; and
(ii) to clarify what constitutes an
immunisation status certificate; and
(iii) to require up to date immunisation
status certificates to be provided to
early childhood services; and
(iv) to require certain bodies to notify the
Secretary about persons presenting with
anaphylaxis; and
(c) to amend the Health Complaints Act 2016
to provide that the Commissioner, a person
acting as the Commissioner and any police
officers may bring proceedings for offences
under that Act; and
(d) to repeal sections 95 and 96 of the Health
Legislation Amendment (Quality and
Safety) Act 2017.
2 Commencement
(1) This Act (except sections 3(2), 8, 9, 10, 11,
12(1), 13, 14, 15, 18, 19, 21 and 24) comes into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsection (3), sections 3(2), 8, 9, 10,
11, 12(1), 13, 14, 15, 18, 19, 21 and 24 come into
operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 November 2018,
it comes into operation on that day.
2
Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 2--Amendment of the Child Wellbeing and Safety Act 2005
Part 2--Amendment of the Child Wellbeing
and Safety Act 2005
3 Definitions
(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
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 2--Amendment of the Child Wellbeing and Safety Act 2005
(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;".
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 2--Amendment of the Child Wellbeing and Safety Act 2005
(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.".
4 Exemption from whole of scheme
At the end of section 16J of the Child Wellbeing
and Safety Act 2005 insert--
"(2) The regulations may prescribe a part of
an entity, or a part of a class of entities, to
be exempt from the reportable conduct
scheme.".
5 Head of entity to respond to reportable allegation
In section 16N(3)(b) and (c) of the Child
Wellbeing and Safety Act 2005, for "head of
the entity" substitute "entity".
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 2--Amendment of the Child Wellbeing and Safety Act 2005
6 Disclosure of information to the Commission, the
head of an entity, a regulator, Victoria Police and
others
In section 16ZC(2) of the Child Wellbeing and
Safety Act 2005--
(a) in paragraph (f), for "matters." substitute
"matters; and";
(b) after paragraph (f) insert--
"(g) any other prescribed person or body
in relation to a prescribed matter, or
a prescribed class of matters, if the
information relates to the performance
of a function conferred on the person
or body by or under the laws of the
Commonwealth, a State or a
Territory.".
7 New section 16ZJA inserted
After section 16ZJ of the Child Wellbeing and
Safety Act 2005 insert--
"16ZJA Delegation
The Secretary to a Department, as the head
of an entity, by instrument, may delegate to a
person employed under Part 3 of the Public
Administration Act 2004 who is working in
the Department any power, function or duty
of the Secretary under this Part.".
8 Minister may make Child Safe Standards
In section 17(1) of the Child Wellbeing and
Safety Act 2005, for "applicable" substitute
"relevant".
6
Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 2--Amendment of the Child Wellbeing and Safety Act 2005
9 Category 1 and 2 entities must comply with Child
Safe Standards
In section 19(3) of the Child Wellbeing and
Safety Act 2005--
(a) in paragraph (a), for "applicable entity"
substitute "category 1 entity or category 2
entity";
(b) in paragraph (b), for "an applicable entity"
substitute "a category 1 entity or category 2
entity".
10 Prescribed applicable entity must comply with
Child Safe Standards
(1) In the heading to section 20 of the Child
Wellbeing and Safety Act 2005 omit
"applicable".
(2) In section 20(1) of the Child Wellbeing and
Safety Act 2005, for "A prescribed applicable
entity" substitute "A prescribed category 1 entity,
category 2 entity or applicable entity".
(3) In section 20(2) of the Child Wellbeing and
Safety Act 2005 omit "applicable".
11 Applicable entity belonging to a prescribed class
must comply with Child Safe Standards
(1) In the heading to section 21 of the Child
Wellbeing and Safety Act 2005, for
"Applicable entity" substitute "Entity".
(2) In section 21 of the Child Wellbeing and Safety
Act 2005, for "An applicable entity" substitute
"A category 1 entity, category 2 entity or
applicable entity".
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 2--Amendment of the Child Wellbeing and Safety Act 2005
12 Exemption from requirement to comply with Child
Safe Standards
(1) In section 22 of the Child Wellbeing and Safety
Act 2005, for "An applicable entity" substitute
"A category 1 entity, category 2 entity or
applicable entity".
(2) In section 22(c) of the Child Wellbeing and
Safety Act 2005, after "facilities" insert "or in
producing or providing goods".
13 Application of Child Safe Standards to businesses
not carried on by applicable entities
(1) In the heading to section 23 of the Child
Wellbeing and Safety Act 2005, for "applicable
entities" substitute "certain entities".
(2) In section 23(1)(a) of the Child Wellbeing and
Safety Act 2005, after "not" insert "a category 1
entity, a category 2 entity or".
14 Schedule 1--Category 1 entities
In Schedule 1 to the Child Wellbeing and Safety
Act 2005--
(a) in item 6, for "A children's service"
substitute "A licensee of a children's
service";
(b) in item 16, for "A disability service
provider" substitute "An applicable entity
that is a disability service provider".
15 Schedule 2--Category 2 entities
In item 2 of Schedule 2 to the Child Wellbeing
and Safety Act 2005, for "A charity" substitute
"An applicable entity that is a charity".
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 3--Amendment of the Public Health and Wellbeing Act 2008
Part 3--Amendment of the Public Health
and Wellbeing Act 2008
16 Definitions
In section 3(1) of the Public Health and
Wellbeing Act 2008, for the definition of age
appropriately immunised substitute--
"age appropriately immunised in relation to a
child means that--
(a) the child meets the immunisation
requirements set out in section 6
of the A New Tax System
(Family Assistance) Act 1999
of the Commonwealth; or
(b) the child meets the immunisation
requirements declared by the Secretary
under section 3A for the purposes of
this definition;".
17 New section 3A inserted
After section 3 of the Public Health and
Wellbeing Act 2008 insert--
"3A Secretary may declare immunisation
requirements
(1) For the purposes of the definition of age
appropriately immunised in section 3(1),
the Secretary may declare immunisation
requirements by notice published in the
Government Gazette.
(2) The Secretary may vary or revoke the
declaration at any time by notice published
in the Government Gazette.
(3) A declaration, or variation or revocation of a
declaration, has effect from the day notice of
the declaration, or its variation or revocation,
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 3--Amendment of the Public Health and Wellbeing Act 2008
is published in the Government Gazette or
any later day specified in the notice.".
18 New Division 3A of Part 8 inserted
After section 130 of the Public Health and
Wellbeing Act 2008 insert--
"Division 3A--Notification of
anaphylaxis presentation
130A Definitions
In this Division--
anaphylaxis reporting body means--
(a) a public hospital; or
(b) a denominational hospital; or
(c) a private hospital; or
(d) a multi purpose service; or
(e) a privately-operated hospital
within the meaning of the Health
Services Act 1988;
person in charge means--
(a) in the case of an anaphylaxis
reporting body that is a public
hospital, denominational
hospital, multi purpose service
or privately-operated hospital,
the chief executive officer of
the body; and
(b) in the case of an anaphylaxis
reporting body that is a private
hospital, the proprietor of the
private hospital.
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 3--Amendment of the Public Health and Wellbeing Act 2008
130B Notification by anaphylaxis reporting
body
(1) This section applies if a registered medical
practitioner employed at, or otherwise
engaged by, the anaphylaxis reporting body
has reasonable grounds to believe that a
person presenting for treatment at the
anaphylaxis reporting body has anaphylaxis.
(2) An anaphylaxis reporting body must notify
the Secretary in the prescribed manner of the
prescribed notification details within the
prescribed period.
(3) The person in charge of an anaphylaxis
reporting body must implement processes to
ensure that the anaphylaxis reporting body
complies with subsection (2).
130C Secretary may provide anaphylaxis
reporting information
If the Secretary considers that it is in the
public interest to do so, the Secretary may
provide information obtained under this
Division to a person or class of person
prescribed for the purposes of this section.".
19 Application of sections 143B, 143C and 143D
(1) In the heading to section 143A of the Public
Health and Wellbeing Act 2008, for "and 143D"
substitute ", 143D and 143E".
(2) At the end of section 143A of the Public Health
and Wellbeing Act 2008 insert--
"(2) Section 143E applies in relation to any child
that attends an early childhood service.".
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 3--Amendment of the Public Health and Wellbeing Act 2008
20 Section 143B substituted
For section 143B of the Public Health and
Wellbeing Act 2008 substitute--
"143B Obligation of person in charge of early
childhood service
The person in charge of an early childhood
service must ensure that the enrolment of a
child at the early childhood service is not
confirmed unless the parent of the child has
provided to the early childhood service
an immunisation status certificate which
indicates, in relation to a date not more
than 2 months immediately before the date
on which the child first attends the early
childhood service, that the child is age
appropriately immunised.".
21 New section 143E inserted
After section 143D of the Public Health and
Wellbeing Act 2008 insert--
"143E Periodic production of immunisation
status certificate
(1) The parent of a child who attends an early
childhood service must provide to the person
in charge of the early childhood service an
immunisation status certificate indicating
that the child is age appropriately
immunised--
(a) within 2 months after the child attains a
prescribed age; or
(b) at intervals not exceeding the
prescribed period.
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 3--Amendment of the Public Health and Wellbeing Act 2008
(2) The person in charge of an early childhood
centre must take reasonable steps to ensure
that a parent of a child who attends the early
childhood service provides an immunisation
status certificate in accordance with
subsection (1).
(3) A parent of a child attending an early
childhood service is not required to
comply with subsection (1) if--
(a) section 143C(1) applies in relation to
the child; and
(b) the relevant immunisation status
certificate is to be provided during
the 16 week period referred to in
section 143C(2).".
22 Sections 147 and 148 substituted
For sections 147 and 148 of the Public Health
and Wellbeing Act 2008 substitute--
"147 Immunisation status certificate
An immunisation status certificate is--
(a) an extract of an entry in the
Australian Immunisation Register
kept under section 8 of the Australian
Immunisation Register Act 2015
of the Commonwealth; or
(b) a document, or a combination of
documents, of a class declared by the
Secretary to be an immunisation status
certificate for the purposes of this
paragraph under section 148.
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Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 3--Amendment of the Public Health and Wellbeing Act 2008
148 Secretary may declare documents to be
immunisation status certificates
(1) For the purposes of section 147(b), the
Secretary may declare a class of document,
or a class of a combination of documents,
to be an immunisation statue certificate by
notice published in the Government Gazette.
(2) The Secretary may vary or revoke the
declaration at any time by notice published
in the Government Gazette.
(3) A declaration, or variation or revocation of a
declaration, has effect from the day notice of
the declaration, or its variation or revocation,
is published in the Government Gazette or
any later day specified in the notice.".
23 New section 149A inserted
After section 149 of the Public Health and
Wellbeing Act 2008 insert--
"149A Review of provisions relating to
immunisation of children attending
or to attend early childhood services
(1) The Minister must arrange for a review
to be conducted into the operation of
sections 143B, 143C, 143D and 143E.
(2) The Minister must cause a copy of the
review to be laid before each House of
the Parliament before 30 November 2020.
(3) The review must give particular
consideration to any unintended or adverse
effects of sections 143B, 143C, 143D
and 143E and may include recommendations
on any matter addressed in the review.".
14
Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 3--Amendment of the Public Health and Wellbeing Act 2008
24 Management and control of infectious disease,
micro-organisms and medical conditions
(1) After section 238(1)(k) of the Public Health and
Wellbeing Act 2008 insert--
"(ka) for the purposes of Division 3A of Part 8--
(i) the manner of making a notification
that a person has anaphylaxis;
(ii) the notification details for a person
having anaphylaxis;
(iii) the period within which notification
details for a person having anaphylaxis
must be given;
(iv) the persons or classes of persons to
whom the Secretary may provide
information under section 130C;".
(2) In section 238(1)(o) of the Public Health and
Wellbeing Act 2008, for "Part 8:" substitute
"Part 8;".
15
Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 4--Amendment of the Health Complaints Act 2016
Part 4--Amendment of the Health
Complaints Act 2016
25 Power to delegate
(1) In section 120(1)(a)(vi) of the Health Complaints
Act 2016 omit "or".
(2) After section 120(1)(a)(vi) of the Health
Complaints Act 2016 insert--
"(vii) section 156A; or".
26 Protection from liability for Commissioner and
Assistant Commissioners
After section 122(3) of the Health Complaints
Act 2016 insert--
"(4) In this section, Commissioner includes a
person appointed to act as the Commissioner
under section 114.".
27 New section 156A inserted
After section 156 of the Health Complaints
Act 2016 insert--
"156A Power to bring proceedings
The following persons may bring
proceedings for an offence against
this Act or the regulations--
(a) the Commissioner;
(b) a person appointed to act
as the Commissioner under
section 114;
(c) a police officer.".
16
Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Part 5--Consequential amendment and repeal of amending Act
Part 5--Consequential amendment and
repeal of amending Act
28 Health Legislation Amendment (Quality and Safety)
Act 2017
Sections 95 and 96 of the Health Legislation
Amendment (Quality and Safety) Act 2017
are repealed.
29 Repeal of amending Act
This Act is repealed on 1 November 2019.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
17
Health and Child Wellbeing Legislation Amendment Act 2018
No. of 2018
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Child Wellbeing and Safety Act 2005, the Public Health and
Wellbeing Act 2008, the Health Complaints Act 2016 and the Health
Legislation Amendment (Quality and Safety) Act 2017 and for other
purposes."
By Authority. Government Printer for the State of Victoria.
18
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