Community Services Act 1970

Version No. 063 Community Services Act 1970 Act No. 8089/1970 Version incorporating amendments as at 5 April 2005

TABLE OF PROVISIONS

Section Page 1. Short title and commencement 2 2. Repeals and savings 2 3. Definitions 3 3A. Custody 8 4. Construction of references 8 4A. Judicial notice of signature 10

PART I—DEPARTMENT OF COMMUNITY WELFARE SERVICES 11 5. Principles guiding the Department 11 6. General duties of Minister 12 6A. Delegations 13 7. Functions of Secretary 13 8. Repealed 13 9. Transfer of administration of certain Acts 14 10. General provisions relating to Director-General 15 11. Repealed 16

PART II—ADVISORY COUNCILS 17 12, 12A. Repealed 17 12B. Consultative and advisory councils 17 12C. Annual attendance and travelling allowances for members of councils 18

PART III—FAMILY WELFARE SERVICES 21 Division 1—Repealed 21 13. Repealed 21 Division 1A—Child Care Agreements 21 13A. Child care agreements 21

i Division 1B—Long-Term Child Care Agreements 24 13B. Children who may be the subject of a long-term child care agreement 24 13C. Long-term child care agreements 25 Division 1C—Review of Decision-Making under Child Care Agreements 30 13D. Definitions 30 13E. Review by Secretary 30 13F. Review by Victorian Civil and Administrative Tribunal 31 14. Repealed 32 Division 2—Family Assistance 32 15. Repealed 32 16. Application in respect of child without sufficient means of support 32 17. Application in respect of certain young persons 32 18. Certain persons to assist in investigations 33 19. Report and recommendation of magistrate 33 20. Grant or refusal of application 34 21. Duration of payments 34 22. Provision in case of illness etc. of applicant 35 23. Determination of maximum rates by Minister 35 24. Appointment of special magistrates 35 25. Powers of magistrate on investigation 36 26. Offences 36 Divisions 3–8—Repealed 37 27–74. Repealed 37 Division 8A—Attendance at School 37 74A. Definitions 37 74B. Summoning officers 38 74C. Parents to cause child to attend school 39 74D. Parent failing to send child to school 41 74E. Certificate to be evidence as to attendance of child 41 74F. Onus of proof 42 74G. Exemption from attendance at school 43 Divisions 9, 10—Repealed 43 75–84. Repealed 43

PARTS IV, V—Repealed 44 85–145. Repealed 44

ii PART VI—RESEARCH AND STATISTICS 45 146. Repealed 45 147. Research and statistics 45

PART VII—TRAINING SERVICES 46 Division 1—Functions 46 148. Repealed 46 149. Training 46 150. Lectures, courses etc. 47 Division 2—Repealed 48 151, 152. Repealed 48

PART VIII—Repealed 48 153–198E. Repealed 48

PART IX—GENERAL 49 199, 200. Repealed 49 200A. Use of departmental land etc. for community purposes 50 200AB. Provisions applying to agencies funded by Department 51 201. Obstruction etc. 52 202. General offences and penalties 52 202A. Repealed 53 203. Power to Governor in Council to make regulations 53 ______

SCHEDULES 57 SCHEDULE 1—Repeals 57 SCHEDULE 2 58 SCHEDULES 3–5—Repealed 58 ═══════════════

ENDNOTES 59 1. General Information 59 2. Table of Amendments 60 3. Explanatory Details 68

iii iv s. 1

Version No. 063 Community Services Act 1970 Act No. 8089/1970

Version incorporating amendments as at 5 April 2005

Long Title An Act to establish a Department of Community Welfare amended by No. 9248 Services, to make provision with respect to the Functions of that s. 2(1). Department, to re-enact with Amendments certain Provisions of the Children's Welfare Act 1958, the Gaols Act 1958, the Street Trading Act 1958, the Youth Organizations Assistance Act 1958, and the Social Welfare Act 1960, and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1 1. Short title and commencement amended by Nos 8344 s. 26(6)(a), This Act may be cited as the Community 8426 s. 2 (as Services Act 1970 and shall come into operation amended by No. 8701 on a day to be fixed by proclamation of the s. 7(a)), 8493 Governor in Council published in the Government ss 8(2), 27(2), 9018 s. 2, Gazette. 9248 ss 2(2), 3, 9427 s. 6(1) (Sch. 5 item 19) (as amended by No. 9549 s. 2(1)(Sch. item 215(a)), 9549 s. 2(1) (Sch. item 29), 9554 s. 2(1) (Sch. 1 item 2), 9879 s. 7(2)(a), 9968 s. 4, 10087 s. 3(1) (Sch. 1 item 11), 117/1986 s. 6(Sch. 1 item 5(1)(a)), 1 16/1987 s. 4(1). 2. Repeals and savings (1) The Acts referred to in Schedule One to the extent thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any appointment assignment application arrangement agreement determination complaint declaration report order regulation transfer certificate notice registration permit roll security summons warrant committal surety bond or recognizance or any obligation liability or right made effected issued granted given presented passed fixed incurred accrued or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

2 s. 3

(3) Any reference in any other Act to any of the Acts referred to in Schedule One or to any of the provisions thereof shall be read and construed as a reference to this Act or to the corresponding provisions thereof. S. 2(4) (4) The operation or application of Division 2 of inserted by No. 8493 Part III of the Penal Reform Act 1956 (the s. 31(a). provisions of which so far as they are applicable are reproduced in Schedule Five) shall not except to the extent indicated in that Schedule be affected by the repeal of that Act by the Crimes Act 1957. S. 3 3. Definitions amended by No. 46/1998 s. 7(Sch. 1) (1) In this Act unless inconsistent with the context or (ILA s. subject-matter— 39B(1)). S. 3(1) def. of "care", in Divisions 1A and 1B of Part III, "care" inserted by means, in relation to a child or young person, No. 56/1989 the daily care and control of the child or s. 284(a). young person but not involving custody of the child or young person; "child'' means a person under the age of fifteen years; S. 3(1) def. of "community service" means— "community service" inserted by (a) a community service established under No. 16/1987 section 57 of the Children and Young s. 7 (as amended by Persons Act 1989; or No. 56/1989 s. 283(a)). (b) a community service approved under section 58(1) of that Act; S. 3(1) def. of "custody" means custody as defined in "custody" inserted by section 3A; No. 16/1987 s. 7 (as amended by No. 56/1989 s. 283(a)).

3 s. 3

"Department" means the Department of Human S. 3(1) def. of Services; "Department" amended by Nos 9248 s. 4(a), 16/1987 s. 11(a), 69/1992 s. 31(3)(a), substituted by No. 72/1997 s. 16, amended by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of "Director- General" amended by Nos 9248 s. 4(b), 9966 s. 4(a), 16/1987 s. 11(a), 69/1992 s. 31(3)(b), repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of "Director- General of Corrections" inserted by No. 9966 s. 4(b), repealed by No. 45/1996 s. 18(Sch. 2 item 3.1).

"employee" has the same meaning as in the S. 3(1) def. of "employee" Children and Young Persons Act 1989; inserted by No. 69/1992 s. 31(3)(c). * * * * * S. 3(1) def. of "employee" inserted by No. 46/1998 s. 7(Sch. 1), repealed by No. 74/2000 s. 3(Sch. 1 item 24.1).

4 s. 3

S. 3(1) def. of * * * * * "governor" repealed by No. 117/1986 s. 6(Sch. 1 item 5(1)(b)(i)). S. 3(1) def. of "guardian'' in relation to a child or young person, "guardian" inserted by means a parent of the child or young person No. 9248 and any person (other than the Secretary) s. 4(c), amended by who is a legal guardian of the child or young Nos 9549 person or who has the custody and control of s. 2(1)(Sch. item 30), the child or young person; 46/1998 s. 7(Sch. 1). S. 3(1) def. of * * * * * "Minister" amended by Nos 9248 s. 4(d), 16/1987 s. 11(a), repealed by No. 46/1998 s. 7(Sch. 1). S. 3(1) def. of * * * * * "Office of Corrections" inserted by No. 9966 s. 4(c), repealed by No. 45/1996 s. 18(Sch. 2 item 3.1).

S. 3(1) def. of * * * * * "officer" inserted by No. 69/1992 s. 31(3)(d), repealed by No. 46/1998 s. 7(Sch. 1). S. 3(1) def. of "parent'' has the same meaning as in the "parent" inserted by Children and Young Persons Act 1989; No. 9248 s. 4(e), substituted by No. 93/1990 s. 26(a).

5 s. 3

"Part'' means Part of this Act; "police gaols" means a police gaol within the S. 3(1) def. of "police gaols" meaning of the Corrections Act 1986; inserted by No. 117/1986 s. 6(Sch. 1 item 5(1)(b) (ii)). "prescribed'' means prescribed by the regulations; "prison" means a prison within the meaning of S. 3(1) def. of "prison" the Corrections Act 1986; inserted by No. 117/1986 s. 6(Sch. 1 item 5(1) (b) (iii)). "prisoner'' includes any person detained in custody in a prison or a police gaol irrespective of the cause of such detention; "regulations'' means regulations made under this Act or continued in force under this Act; "Secretary" means the Secretary to the S. 3(1) def. of "Secretary" Department; inserted by No. 69/1992 s. 31(3)(e). "Superintendent'' in relation to a remand centre S. 3(1) def. of "Super- or youth training centre or prison includes intendent" superintendent, officer in charge, manager or amended by Nos 8426 s. 3 person for the time being in charge; (as amended by No. 8701 s. 7(b)), 9248 s. 4(f)(i)(ii), 9966 s. 4(d), substituted by No. 117/1986 s. 6(Sch. 1 item 5(1) (b) (iv)).

6 s. 3A

"trainee'' means a young person detained in a remand centre or youth training centre; S. 3(1) defs of * * * * * "Ward of the Department of Community Welfare Services" and "ward of the Department" amended by No. 9248 s. 4(g), repealed by No. 56/1989 s. 286(Sch. 2 item 4) (as amended by No. 93/1990 s. 24(h)(iii)). "young person'' except where otherwise expressly provided means a person of or over the age of fifteen years and under the age of twenty-one years. S. 3(2) (2) If under the Public Administration Act 2004 the inserted by No. 46/1998 name of the Department of Human Services is s. 7(Sch. 1), changed, a reference in the definition of amended by No. 108/2004 "Department" in sub-section (1) to that s. 117(1) Department must, from the date when the name is (Sch. 3 item 37). changed, be treated as a reference to the Department by its new name. S. 3A 3A. Custody inserted by No. 69/1992 s. 32(2). A person (including the Secretary) who has, or under the Children and Young Persons Act 1989 is granted, custody of a child has— (a) the right to have the daily care and control of the child; and (b) the right and responsibility to make decisions concerning the daily care and control of the child. No. 6219 s. 4. 4. Construction of references

7 Unless the context otherwise requires any reference occurring in any Act or in any Order in Council by-law regulation deed contract application list order complaint declaration transfer certificate security summons warrant bond recognizance or other instrument or any other document whatsoever— (a) to the "Children's Welfare Department'' or any like expression shall be deemed and taken to refer to and mean the Department; (b) to the "Director of Children's Welfare or S. 4(b) amended by the Director-General of Social Welfare'' Nos 9248 or any like expression shall be deemed and s. 5(a), 9966 s. 5(a), taken to refer to and mean the Secretary; 117/1986 s. 6(Sch. 1 item 3(1)), 46/1998 s. 7(Sch. 1). * * * * * S. 4(ba) inserted by No. 9966 s. 5(b), repealed by No. 117/1986 s. 6(Sch. 1 item 3(1)(a)).

(c) to the "Director of Probation and Parole'' S. 4(c) amended by "chief probation officer'' or the "chief Nos 9018 parole officer'' shall be deemed and taken to s. 3(1)(a)(b), 9966 s. 5(c) refer to and mean— (as amended by No. 10087 s. 3(1)(Sch. 1 item 14)).

(i) in relation to any matter concerning S. 4(c)(i) amended by probation or parole which after the No. 46/1998 commencement of section 5(c) of the s. 7(Sch. 1). Community Welfare Services (Director-General of Corrections) Act 1983 is a matter continuing to be

8 s. 44A

within the responsibilities of the Secretary, the Secretary; and S. 4(c)(ii) * * * * * repealed by No. 117/1986 s. 6(Sch. 1 item 3(1)(a)).

S. 4(ca) (ca) to "Community Services Victoria" is inserted by No. 9248 deemed to be and must be taken to refer to s. 5(b), and mean the Department; substituted by No. 16/1987 s. 5(1).

(d) to a "neglected child'' shall be deemed and taken to refer to and mean a child or young person in need of care and protection under this Act; S. 4(e) (e) to the "Social Welfare Branch of the Chief amended by Nos 9248 Secretary's Department'' or the "Social s. 5(c)(i)(ii), Welfare Branch'' or the "Social Welfare 9966 s. 5(d), 117/1986 Department'' or to any Division thereof s. 6(Sch. 1 shall be deemed and taken to refer to and item 5(1)(c)), 16/1987 mean the Department of Human Services or s. 11(b), the corresponding Division thereof (as the 46/1998 s. 7(Sch. 1). case requires);

S. 4(f)(g) * * * * * repealed by No. 117/1986 s. 6(Sch. 1 item 5(1)(d)).

S. 4A 4A. Judicial notice of signature inserted by No. 9248 s. 6.

S. 4A(1)–(4) * * * * * repealed by No. 16/1987 s. 5(2).

9 (5) All courts, judges, and persons acting judicially S. 4A(5) shall take judicial notice of the signature of the amended by Nos 9966 Minister and the Secretary to every document s. 6(a)(b), authorized or required to be signed for the 117/1986 s. 6(Sch. 1 purposes of this Act or the regulations or any item 3(2)), other Act or regulations. 46/1998 s. 7(Sch. 1). ______

10 Community Services Act 1970 Act No. 8089/1970 s. 5

Pt 1 PART I—DEPARTMENT OF COMMUNITY WELFARE (Heading) amended by SERVICES No. 9248 s. 7(1).

S. 5 5. Principles guiding the Department amended by Nos 9248 s. 7(2)(3), The practice and provision of community services 9549 s. 2(1) by the Department are to be guided by the (Sch. item 31), substituted by following principles— No. 16/1987 s. 6. (a) communities should be assisted to identify and to meet the continuing and emerging needs of families and individuals within those communities; (b) community services should assist the community in protecting from harm and exploitation those in the community who are vulnerable because of age, disability or circumstances; (c) community services should assist in protecting the community and helping, directing and controlling children and young people who have committed offences and are subject to the order or determination of a court; (d) community services should be developed, and community programmes should be administered, at regional and local levels in co-operation and conjunction with government departments, local government and non-government organisations; (e) community services should be accessible to the public and information about community services should be made widely available;

11 Community Services Act 1970 Act No. 8089/1970

(f) the co-ordination of community services planning and delivery should be promoted by co-operating with providers and consumers of community services; (g) voluntary participation and the involvement of self-help groups and consumers should be encouraged in the planning, development and carrying out of community services; (h) the provision and future development of community services should attempt to— (i) redress social and economic inequities and in so doing give priority to groups and individuals in greatest need; and (ii) promote choice and maximise the participation of people in decisions which affect their lives; and (iii) protect the rights of individuals in their relationship with services and service providers. 6. General duties of Minister (1) It shall be the duty of the Minister— (a) to exercise and perform the powers and duties conferred upon him by or under any Act or enactment the administration of which is transferred to or vested in him by this Act or in any manner referred to in this Act; and (b) to take such steps as he considers desirable for carrying out the objects of this Act. (2) For the purposes of this Act the Minister may S. 6(2) amended by cause grants to be made to any persons No. 5/1986 organizations or institutions, whether public or s. 7. private, rendering or proposing to render welfare services to the community including organizations which, in the Minister's opinion, promote the welfare of sailors who operate out of, or from time

12 Community Services Act 1970 Act No. 8089/1970 s. 6A

to time visit, ports in Victoria and organizations which, in the Minister's opinion, promote the welfare of the Victorian fishing industry or any other Victorian maritime industry. S. 6(3) (3) Nothing in sub-section (2) applies to a children's inserted by No. 53/1996 service within the meaning of the Children's s. 59. Services Act 1996. S. 6A 6A. Delegations inserted by No. 72/1997 s. 17. The Minister may, by instrument, delegate to any person or class of persons employed in the Department or to any other officer or employee of the public service any power or function of the Minister under this Act or under any other Act or provision of an Act administered by the Minister, other than this power of delegation. S. 7 7. Functions of Secretary amended by Nos 8656 s. 2(1), 9248 s. 56, substituted by No. 9966 s. 7(1). S. 7(1) (1) Subject to the Minister, the Secretary shall have amended by No. 46/1998 the responsibility of administering the s. 7(Sch. 1). Department. S. 7(2) * * * * * repealed by No. 117/1986 s. 6(Sch. 1 item 3(3)).

S. 8 * * * * * repealed by No. 9248 s. 8.

9. Transfer of administration of certain Acts (1) On and from the commencement of section 6 of S. 9(1) amended by the Community Welfare Services Act 1978 the Nos 9248 administration of the Acts and enactments s. 9(a), 16/1987 mentioned in Schedule Two (except so far as any s. 11(c), Minister other than the Chief Secretary is charged 46/1998 s. 7(Sch. 1). with the administration of any provision of any such Act or enactment immediately prior to the said commencement) shall be transferred to and vested in the Minister who shall have all the powers and duties of the Minister thereunder. (2) Any reference in any Act or enactment mentioned S. 9(2) amended by in Schedule Two to the Minister for Social Nos 9248 Welfare (however expressed) shall after the s. 9(b), 16/1987 commencement of this Act be deemed to be a s. 11(d), reference to the Minister. 46/1998 s. 7(Sch. 1).

* * * * * S. 9(3) repealed by No. 9248 s. 9(c).

(4) Nothing in this Act shall be construed as preventing— (a) the transfer to or the vesting in the Minister of the administration of any Act or enactment other than those referred to in Schedule Two; or (b) the transfer from the Minister of the administration of any of the Acts or enactments mentioned in Schedule Two or of any provisions of any such Act or enactment — in any manner in which the administration of Acts or enactments is customarily transferred between or vested in Ministers of State in Victoria.

10. General provisions relating to Director-General S. 10(1) * * * * * amended by No. 9549 s. 2(1)(Sch. item 32(a)(b)) (as amended by No. 9902 s. 2(1)(Sch. item 225)), repealed by No. 16/1987 s. 11(e). S. 10(2) (2) With the approval of the Minister the Director- amended by No. 9018 General may assign in writing to any employee of s. 3(2), the Department any of the functions or powers of substituted by No. 9248 the Director-General under this Act or the s. 10, regulations except the power to make amended by Nos 9944 authorisations under section 13C(5)(a) or under s. 40(a), any other Act or regulations either generally or in 69/1992 s. 31(4)(a), any particular case and may at any time in writing 19/1994 revoke any such assignment. s. 39(1)(a), 46/1998 s. 7(Sch. 1). S. 10(2A) (2A) The Secretary may, by instrument, delegate to an inserted by No. 9966 executive within the meaning of the Public s. 7(2)(a), Administration Act 2004 the power to make repealed by No. 117/1986 authorisations under section 13C(5)(a). s. 6(Sch. 1 item 3(3)), new s. 10(2A) inserted by No. 19/1994 s. 39(1)(b), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 37). S. 10(3) (3) All acts matters and things done or performed by amended by Nos 9018 any employee pursuant to an assignment under s. 3(2), 9966 this section shall for all purposes have the same s. 7(2)(b)(c), 117/1986 force and effect as if done or performed by the s. 6(Sch. 1 Secretary. item 3(4)), 69/1992 s. 31(4)(b), 46/1998 s. 7(Sch. 1). 15 Community Services Act 1970 Act No. 8089/1970

(4) Notwithstanding the making of an assignment S. 10(4) amended by under this section the Secretary may himself Nos 9944 exercise or perform any functions or powers so s. 40(b), 9966 s. 7(2)(c), assigned. 117/1986 s. 6(Sch. 1 item 3(4)), 46/1998 s. 7(Sch. 1). * * * * * S. 11 amended by Nos 9966 s. 7(3), 117/1986 s. 6(Sch. 1 items 3(3) 5(1) (e)), repealed by No. 31/1994 s. 4(Sch. 2 item 15). ______

s. 12B

Pt 2 (Heading) PART II—ADVISORY COUNCILS inserted by No. 9248 s. 11(1).

S. 12 * * * * * repealed by No. 9018 s. 4(2), new s. 12 inserted by No. 9248 s. 11(1) (as amended by No. 9427 s. 6(1)(Sch. 5 item 22)), amended by Nos 9549 s. 2(1)(Sch. item 33(a)– (c)), 9554 s. 44, 9879 s. 2(2)(a), 10262 s. 4, repealed by No. 16/1987 s. 10(a). S. 12A * * * * * inserted by No. 9248 s. 11(1), amended by Nos 9549 s. 2(1)(Sch. item 34), 9879 s. 2(2)(b), 9966 s. 8(1), repealed by No. 117/1986 s. 6(Sch. 1 item 1(1)). S. 12B 12B. Consultative and advisory councils inserted by No. 9248 s. 11(1). (1) The Minister may by Order under his hand—

S. 12B(1)(aa) (aa) establish a Victorian Family and Children's inserted by No. 56/1989 Services Council to advise the Minister on— s. 284(b). (i) matters relating to child and family welfare; and

s. 12C

(ii) matters relating to community services; and (iii) any other matters that are specified in the Order; and (a) establish such consultative or advisory councils as he thinks fit in respect of such matters as he determines and specifies in the Order; and (b) in any case where he thinks it necessary appoint a board or commission or other body established by or under any Act or a committee thereof to be a consultative or advisory council under this section. (2) A consultative council or advisory council established under sub-section (1) shall consist of a chairman and such other number of members the majority of whom shall be persons with special knowledge in matters referred to the Council as is specified in the Order. (3) The Minister may by the like Order revoke or vary any Order made under sub-section (1). * * * * * S. 12B(4) repealed by No. 9879 s. 2(2)(c).

12C. Annual attendance and travelling allowances for S. 12C inserted by members of councils No. 9879 s. 2(1). (1) In this section "council'' means— * * * * * S. 12C(1)(a) repealed by No. 16/1987 s. 10(a).

18 Community Services Act 1970 Act No. 8089/1970 s. 12C

S. 12C(1)(b) * * * * * repealed by No. 117/1986 s. 6(Sch. 1 item 1(1)). (c) the Community Welfare Training Council established under section 151; and (d) any consultative or advisory council established under section 12B. S. 12C(1A) (1A) A member of the Victorian Family and Children's inserted by No. 56/1989 Services Council is entitled to be paid— s. 284(c)(i). (a) any remuneration that is fixed by the Governor in Council; and (b) any travelling or other allowance that is fixed by the Governor in Council. S. 12C(2) (2) The Chairman of a council (other than the amended by No. 56/1989 Victorian Family and Children's Services Council) s. 284(c)(ii). shall be paid such annual allowance or salary and the other members of a council (other than the Victorian Family and Children's Services Council) such attendance fees as are fixed by Order of the Governor in Council. S. 12C(3) (3) The Chairman and the other members of a council amended by Nos 117/1986 (other than the Victorian Family and Children's s. 6(Sch. 1 Services Council) shall be reimbursed for personal item 1(6)(a)), 56/1989 and travelling expenses incurred in relation to s. 284(c)(iii). attendance at meetings of the council (including the use by the Chairman or another member of his own car) in accordance with amounts determined from time to time in respect of officers of the public service of Victoria by the Public Service Board under Part IV of the Public Service Determinations. S. 12C(4) * * * * * repealed by No. 117/1986 s. 6(Sch. 1 item 1(1)).

s. 12C

(5) No Chairman or other member of a council (other S. 12C(5) than the Victorian Family and Children's Services amended by No. 56/1989 Council) who is an officer of the public service of s. 284(c)(iii). Victoria or of the Commonwealth or of a Victorian or Commonwealth statutory authority and who attends meetings of the Council in the normal course of his employment shall be entitled to receive any allowance, salary, fee or reimbursement under this section. ______

Pt 2 (Heading) PART III—FAMILY WELFARE SERVICES amended by No. 9018 s. 4(1)(a), substituted as Pt 3 (Heading) by No. 9248 s. 12(1).

Pt 3 Div. 1 * * * * * (Heading and s. 13) repealed.

Pt 3 Div. 1A Division 1A—Child Care Agreements (Heading and s. 13A) inserted by No. 16/1987 s. 8(1) (as amended by No. 56/1989 s. 283(c)).

S. 13A 13A. Child care agreements amended by No. 93/1990 s. 26(b)–(g) (as amended by No. 69/1992 s. 33(2)(a)–(f)). S. 13A(1) (1) In this section "service provider" means the amended by Nos 69/1992 Secretary or the person in charge of a community s. 33(3)(a), service approved under section 58(1) of the 46/1998 s. 7(Sch. 1). Children and Young Persons Act 1989 or a registered residential service within the meaning of the Intellectually Disabled Persons' Services Act 1986. (2) A parent of a child or young person under 18 years of age may enter into a written agreement with a service provider to place the child or young person in the care of the service provider for the purpose of supporting the child or young person and his or her parent and encouraging and

s. 13A

assisting the child's or young person's parent to resume the care of the child or young person. (3) An agreement under sub-section (2) does not affect the guardianship and custody of a child or young person. (4) An agreement under sub-section (2) must specify a period not exceeding 6 months, for which the agreement is to have effect. (4A) If a parent who does not have custody of a child or S. 13A(4A) inserted by young person is a party to an agreement under No. 69/1992 sub-section (2), the person who does have custody s. 33(3)(b). of the child or young person may request the service provider to return the child or young person to that person. (4B) As soon as is practicable after receiving a request S. 13A(4B) inserted by under sub-section (4A), the service provider must No. 69/1992 notify the parent who was a party to the agreement s. 33(3)(b). of the making of the request. (4C) Subject to any provision to the contrary made by S. 13A(4C) inserted by or under the authority of this or any other Act, the No. 69/1992 service provider must cause the child or young s. 33(3)(b). person to be returned to the person who has custody of him or her— (a) as soon as practicable after notifying the parent under sub-section (4B); or (b) within a reasonable time if the parent cannot be notified. (5) The parties to an agreement under sub-section (2) S. 13A(5) amended by may agree to extend the agreement before it No. 46/1998 expires for a further period not exceeding s. 7(Sch. 1). 6 months after reviewing the agreement and consulting the Secretary if required by sub- section (5A), which consultation must be initiated by the service provider.

S. 13A(5A) (5A) For the purposes of sub-section (5), the Secretary amended by must be consulted only if the child or young Nos 19/1994 s. 39(2)(a), person has been in the care of the service provider 46/1998 for a continuous period of 6 months or for an s. 7(Sch. 1). aggregate of 6 months during a period of 9 months. (6) A child or young person under 18 years of age may not be placed in the care of a service provider by virtue of this section for a period exceeding 12 months, or for periods which in aggregate exceed 12 months in any period of 18 months, except in accordance with sub-section (7). S. 13A(7) (7) If a child or young person has been in the care of a amended by No. 19/1994 service provider for a period of 12 months, or for s. 39(2)(b). periods which in aggregate are equal to 12 months in any period of 18 months, another agreement under sub-section (2) in respect of the child or young person must not be entered into unless— S. 13A(7)(a) (a) the parties have consulted with the Secretary, amended by No. 46/1998 which consultation must be initiated by the s. 7(Sch. 1). service provider; and S. 13A(7)(b) (b) the Secretary has consented in writing to the amended by No. 46/1998 making of the agreement. s. 7(Sch. 1).

(7A) A child or young person under 18 years of age may not be placed in the care of a service provider by virtue of this section for a period exceeding 2 years or for periods which in the aggregate exceed 2 years in any period of 3 years. (8) An agreement under this section is not void or voidable by reason only that a party to it has not attained the age of 18 years. (9) The wishes of the child or young person must be taken into account in making an agreement under this section.

s. 13B

(10) An agreement under this section may be terminated by either party giving notice in writing to the other party. (11) Upon the expiry or termination of an agreement under this section, the person having the care of the child or young person must, as soon as is practicable, cause the child or young person to be returned to the parent of the child or young person. (12) The Minister may determine the rates to be paid in respect of children or young persons under an agreement under this section.

Division 1B—Long-Term Child Care Agreements Pt 3 Div. 1B (Heading and ss 13B, 13C) inserted by No. 56/1989 s. 284(d) (as amended by No. 69/1992 s. 33(1)). 13B. Children who may be the subject of a long-term S. 13B inserted by child care agreement No. 56/1989 s. 284(d) (as Subject to section 13C, an agreement under that amended by No. 69/1992 section may be entered into with respect to a child s. 33(1)). or young person who, immediately before the entering into of that agreement, had for a period of 2 years or for periods which in the aggregate exceed 2 years in the preceding period of 3 years — (a) been the subject of an agreement or agreements under section 13A; or (b) been in the care of a children's home, children's reception centre, approved foster care agency or youth hostel established or appointed under this Act; or (c) been in the care of a community service; or

(d) been in the care of— (i) a registered residential service; or (ii) a residential institution— within the meaning of the Intellectually Disabled Persons' Services Act 1986; or (e) been in the care of the Department at any premises proclaimed to be a residential program under section 19 of the Intellectually Disabled Persons' Services Act 1986. S. 13C 13C. Long-term child care agreements inserted by No. 56/1989 s. 284(d) (as (1) In this section "service provider" has the same amended by meaning as in section 13A. No. 69/1992 s. 33(1)). S. 13C(2) (2) A parent of a child or young person under amended by Nos 93/1990 18 years of age may, with the written approval of s. 26(h), the Secretary, enter into a written agreement with 46/1998 s. 7(Sch. 1). a service provider and, if necessary for the purposes of sub-section (5)(b), a suitable person with respect to the care of the child or young person. S. 13C(3) (3) The Secretary must not approve the entering into amended by No. 46/1998 of an agreement under sub-section (2) unless the s. 7(Sch. 1). Secretary is satisfied that— (a) the agreement is in the best interests of the child or young person; and S. 13C(3)(b) (b) there are no alternative means available that amended by No. 93/1990 would enable the parent of the child or s. 26(i)(i). young person to resume the care of the child or young person; and (c) the wishes of the child or young person have, having regard to the age and understanding of the child or young person, been taken into account in making the agreement; and

s. 13C

(d) the agreement provides for the parent of the S. 13C(3)(d) child or young person to have an on-going amended by No. 93/1990 involvement with the child or young person s. 26(i)(ii). in the terms specified in the agreement. (4) An agreement under sub-section (2) may provide S. 13C(4) amended by for a child to be in the care of— No. 69/1992 s. 33(4). (a) a community service; or (b) a suitable person or persons other than— (i) a parent of the child or young person; S. 13C(4)(b)(i) amended by or No. 93/1990 s. 26(j).

(ii) the Secretary in his or her official S. 13C(4)(b)(ii) amended by capacity; or No. 46/1998 s. 7(Sch. 1).

(iii) a person employed by a community service in his or her official capacity; or (c) a registered residential service within the S. 13C(4)(c) inserted by meaning of the Intellectually Disabled No. 69/1992 Persons' Services Act 1986 or a residential s. 33(4). institution within the meaning of that Act; or (d) the Department at any premises proclaimed S. 13C(4)(d) inserted by to be a residential program under section 19 No. 69/1992 of the Intellectually Disabled Persons' s. 33(4). Services Act 1986. (5) To be a suitable person for the purposes of sub- section (4)(b) a person must be— (a) approved in writing by the Secretary or by a S. 13C(5)(a) amended by person authorised by the Secretary in that No. 46/1998 behalf as being a person suitable to have the s. 7(Sch. 1). long-term care of a child or young person; and (b) a party to the agreement under sub- section (2).

S. 13C(5A) (5A) An authorisation under sub-section (5)(a)— inserted by No. 19/1994 (a) must be made by instrument; and s. 39(3). (b) may be made to the holder of an office or position or to any person for the time being acting in or performing the duties of an office or position. (6) An agreement under sub-section (2) must— (a) set out the objectives of the agreement; and (b) set out the role of the service provider which must include— (i) participating in any review of the agreement; and (ii) assisting in the resolution of any disputes that may arise relating to the care of the child or young person; and (iii) assisting, if required, in the provision of particular services specified in the agreement; and S. 13C(6)(c) (c) clarify the respective roles of the parent of amended by No. 93/1990 the child, the service provider and (where s. 26(k). appropriate) the person or persons in whose care the child is under sub-section (4)(b). (7) An agreement under sub-section (2) must specify the period for which the agreement is to have effect which— S. 13C(7)(a) (a) in the case of an agreement referred to in amended by No. 69/1992 sub-section (4)(a), (c) or (d), must not s. 33(5). exceed 2 years; and (b) in the case of an agreement referred to in sub-section (4)(b), may be for any period up to the day on which the child or young person attains the age of 18 years.

s. 13C

(7A) If a parent who does not have custody of a child or S. 13C(7A) young person is a party to an agreement under inserted by No. 69/1992 sub-section (2), the person who does have custody s. 33(6). of the child or young person may request the service provider to return the child or young person to that person. (7B) As soon as is practicable after receiving a request S. 13C(7B) inserted by under sub-section (7A), the service provider must No. 69/1992 notify the parent who was a party to the agreement s. 33(6). of the making of the request. (7C) Subject to any provision to the contrary made by S. 13C(7C) inserted by or under the authority of this or any other Act, the No. 69/1992 service provider must cause the child or young s. 33(6). person to be returned to the person who has custody of him or her— (a) as soon as practicable after notifying the parent under sub-section (7B); or (b) within a reasonable time if the parent cannot be notified. (8) An agreement under sub-section (2) that is S. 13C(8) amended by referred to in sub-section (4)(a), (c) or (d)— No. 69/1992 s. 33(7). (a) may be reviewed at any time during the period of the agreement at the request of one of the parties to the agreement; and (b) must be reviewed before the end of the agreement; and (c) may, with the written approval of the S. 13C(8)(c) amended by Secretary, be extended for a period not No. 46/1998 exceeding 2 years with or without any s. 7(Sch. 1). variation in its terms or another such agreement may be entered into.

(9) An agreement under sub-section (2) that is referred to in sub-section (4)(b)— (a) may be reviewed at any time during the period of the agreement at the request of one of the parties to the agreement; and (b) must be reviewed at least once in each period of 2 years. (10) Any of the following may result from a review of an agreement under sub-section (9)— (a) the agreement may be terminated; (b) the agreement may be extended for a period that does not extend beyond the day on which the child or young person attains the age of 18 years; (c) the terms of the agreement may be varied; (d) another such agreement may be entered into. (11) An agreement under sub-section (2) is not void or voidable by reason only that a party to it has not attained the age of 18 years. (12) An agreement under sub-section (2) may be terminated by any party by giving notice in writing to the other party or parties. S. 13C(13) (13) On the expiry or termination of an agreement amended by No. 93/1990 under sub-section (2), the person having the care s. 26(l). of the child or young person must, as soon as is practicable, cause the child or young person to be returned to the parent of the child or young person. (14) The Minister may determine the rates to be paid in respect of children or young persons under an agreement under sub-section (2). Pt 3 Div. 1C (Heading and Division 1C—Review of Decision-Making under Child Care ss 13D–13F) inserted by Agreements No. 56/1989 s. 284(d) (as amended by No. 69/1992 s. 33(1)). 29 Community Services Act 1970 Act No. 8089/1970

s. 13D13F

13D. Definitions S. 13D inserted by No. 56/1989 In this Division— s. 284(d) (as amended by "child care agreement" means an agreement No. 69/1992 under section 13A; s. 33(1)). "long-term child care agreement" means an agreement under section 13C; "service provider" means a service provider within the meaning of section 13A or 13C. 13E. Review by Secretary S. 13E inserted by No. 56/1989 s. 284(d) (as amended by No. 69/1992 s. 33(1)).

(1) The Secretary must prepare and implement S. 13E(1) amended by procedures for the review of decisions relating to No. 46/1998 the care of the child or young person made under s. 7(Sch. 1). or in relation to a child care agreement or a long- term child care agreement. (2) The Secretary must ensure that a copy of the S. 13E(2) amended by procedures prepared under sub-section (1) is given Nos 93/1990 to the child or young person, the parent of the s. 26(m), 46/1998 child or young person, the service provider and s. 7(Sch. 1). (where appropriate) the person or persons in whose care the child is under section 13C(4)(b). 13F. Review by Victorian Civil and Administrative S. 13F inserted by Tribunal No. 56/1989 s. 284(d) (as amended by No. 69/1992 s. 33(1)).

S. 13F(1) (1) Any of the following may apply to the Victorian amended by Civil and Administrative Tribunal for review of a No. 93/1990 s. 26(n), decision made under or in relation to a child care substituted by agreement or long-term child care agreement No. 52/1998 s. 311(Sch. 1 relating to the care of a child or young person— item 14.1). (a) the child or young person; (b) a parent of the child or young person; (c) any other person whose interests are affected by the decision. S. 13F(2) (2) An application for review must be made within substituted by No. 52/1998 28 days after the later of— s. 311(Sch. 1 item 14.1). (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 13F(3) (3) Before a person is entitled to apply to the amended by No. 52/1998 Victorian Civil and Administrative Tribunal for s. 311(Sch. 1 the review of a decision referred to in sub- item 14.2). section (1), the person must have exhausted all available avenues for the review of the decision under section 13E. S. 14 * * * * * amended by No. 9018 s. 4(4), repealed by No. 9248 s. 11(2).

Division 2—Family Assistance

S. 15 * * * * * repealed by No. 16/1987 s. 9(a).

16. Application in respect of child without sufficient No. 6219 s. 30. means of support S. 16 amended by Where any child is without sufficient means of No. 46/1998 support any parent or other person who has the s. 7(Sch. 1). care and custody of any such child and who is prepared to take all necessary legal proceedings that are available for obtaining sufficient means of support for such child may make application in the prescribed form to the Secretary that a periodic sum be paid to him or her towards the maintenance of such child. 17. Application in respect of certain young persons No. 6219 s. 31. (1) An application may be made under this Division in respect of a young person if that young person is— (a) an invalid or otherwise incapacitated and has not attained the age of sixteen years; or (b) in full-time attendance at an educational establishment. (2) Upon receipt of any such application the Secretary S. 17(2) amended by shall refer it for investigation to a special Nos 9248 magistrate appointed pursuant to the provisions of s. 13, 46/1998 s. 7(Sch. 1). this Division unless the Secretary considers such a course unnecessary. (3) With the consent of any applicant the Secretary S. 17(3) amended by may require any person whom he believes to be in No. 46/1998 a position to do so to furnish to him with the s. 7(Sch. 1). consent of the applicant a confidential report as to the circumstances or the financial transactions of the applicant or of the spouse or children of the applicant or, where the applicant is not the parent, of any parent of the child or young person.

S. 17(4) (4) Where it appears to the Magistrates' Court that an amended by applicant is reasonably withholding his consent to Nos 16/1987 s. 11(f), a requirement to furnish a report under the 57/1989 preceding sub-section the Court may make an s. 3(Sch. item 24.1). order dispensing with the applicant's consent. S. 17(5) (5) Every person who on being required to do so by amended by No. 46/1998 the Secretary fails to furnish a report within a s. 7(Sch. 1). reasonable time or furnishes a report containing any statement which is wilfully untrue in any particular shall be guilty of an offence. Penalty:$250 or imprisonment for three months. S. 18 18. Certain persons to assist in investigations amended by Nos 57/1989 s. 3(Sch. All members of the police force shall, when item 24.2), requested so to do, assist the Secretary in 46/1998 s. 7(Sch. 1). obtaining information necessary for the investigation of an application and Registrars of the Magistrates' Courts shall when requested so to do, furnish confidential reports to the Secretary as to any matters in their possession or knowledge with respect to any application. No. 6219 19. Report and recommendation of magistrate s. 33. S. 19 On the completion of his investigation the special amended by No. 46/1998 magistrate shall forward to the Secretary the s. 7(Sch. 1). application together with a report upon the results of his investigation and a recommendation as to whether and what assistance in his opinion should or should not be granted to the applicant.

No. 6219 20. Grant or refusal of application s. 34. S. 20(1) (1) The Secretary may grant the application with such amended by No. 46/1998 modifications and subject to such conditions (if s. 7(Sch. 1). any) as he thinks fit or may refuse the application. S. 20(2) (2) In any case where the Secretary considers that it amended by No. 46/1998 would be in the best interests of any child or s. 7(Sch. 1). young person so to do he may direct that all or any

part of the periodic sum so granted be paid in any manner he determines. (3) Any applicant whose application has been refused S. 20(3) amended by shall be notified forthwith in writing of such No. 46/1998 refusal and that he may within fourteen days after s. 7(Sch. 1). the determination of his application by the Secretary appeal to the Minister against the determination and the Minister may grant or refuse the appeal and may vary any determination as he thinks fit. 21. Duration of payments No. 6219 s. 35. (1) The payment of any sum to an applicant pursuant to the provisions of this Division— (a) shall be made as from the date of receipt of S. 21(1)(a) amended by the application by the Secretary or such later No. 46/1998 date as he directs; s. 7(Sch. 1). (b) may be discontinued, suspended, increased, S. 21(1)(b) amended by or reduced at any time by the Secretary as is No. 46/1998 warranted by the circumstances of the case; s. 7(Sch. 1). (c) shall cease to be paid in respect of a child or S. 21(1)(c) amended by young person upon such child or young No. 46/1998 person discontinuing full-time attendance at s. 7(Sch. 1). school unless the Secretary directs in writing, where the child or young person is an invalid or is otherwise incapacitated or where in his opinion the special circumstances of the case make it advisable, that assistance be continued for any further period or periods until he attains the age of sixteen years. (2) The provisions of this Division relating to investigations shall with such adaptations as are necessary extend and apply for the purposes of this section. 22. Provision in case of illness etc. of applicant No. 6219 s. 37. S. 22 amended by No. 46/1998 34 s. 7(Sch. 1). Community Services Act 1970 Act No. 8089/1970 s. 2225

When an applicant to whom payments are made towards the maintenance of a child or young person pursuant to the provisions of this Division becomes incapable of properly caring for and maintaining the child or young person the Secretary— (a) may direct that during such incapacity some other fit person shall have the care and maintenance of the child or young person; (b) shall make such arrangements as he thinks proper as to the person to whom payments are to be made during such incapacity in respect of the maintenance of the child or young person. No. 6219 23. Determination of maximum rates by Minister s. 38. S. 23 The Minister may from time to time determine the amended by No. 46/1998 maximum rates of assistance to be paid in respect s. 7(Sch. 1). of children and young persons under this Division but may direct that the maximum rate shall not apply in any case where the Secretary considers that for preventing the disruption of a family a greater rate of assistance should be paid for some specified period or periods. No. 6219 24. Appointment of special magistrates s. 39. S. 24(1) (1) The Governor in Council may by Order published amended by No. 46/1998 in the Government Gazette appoint any employee s. 7(Sch. 1). in the public service in the Department to be a special magistrate for the purposes of this Act. (2) Any such Order may at any time be revoked by the Governor in Council by Order published in the Government Gazette. No. 6219 25. Powers of magistrate on investigation s. 40. For the purposes of any investigation by a special magistrate under this Division the following provisions shall have effect—

(a) where the magistrate is satisfied that by reason of physical disability or other sufficient cause the applicant is unable to attend the magistrate may dispense with the attendance of the applicant; (b) the magistrate may call and examine such witnesses as he thinks fit; (c) in investigating any application the magistrate shall not be bound by any rules of evidence but shall investigate the matter and make his recommendation according to the substantial merits of the case without regard to legal forms and technicalities; (d) the magistrate shall have in relation to S. 25(d) amended by witnesses and their examination and the Nos 9248 production of documents the powers of the s. 14, 57/1989 s. 3(Sch. item Magistrates' Court under the Magistrates' 24.3). Court Act 1989. 26. Offences No. 6219 s. 41. (1) Every person who in or in relation to any application under this Division wilfully makes any statement, orally or in writing, which is untrue in any particular and every person who by false representation obtains under this Division any sum towards the maintenance of a child or young person shall be guilty of an offence. Penalty:$500 or imprisonment for six months. (2) Any person convicted for an offence against sub- S. 26(2) amended by section (1) may in addition to any penalty No. 46/1998 imposed for the offence be ordered to repay to the s. 7(Sch. 1). Secretary the amount which the court considers has been paid towards maintenance under this Division in consequence of the untrue statement or false representation.

S. 26(3) (3) Any amount ordered under sub-section (2) to be amended by repaid to the Secretary may be recovered as a debt No. 46/1998 s. 7(Sch. 1). due to Her Majesty. Pt 3 Div. 3 * * * * * (Heading and ss 27–30) amended by Nos 9248 ss 15–18(1) (2), 55, 16/1987 s. 10(b)–(d), repealed by No. 56/1989 s. 284(da) (as amended by No. 93/1990 s. 20(a)). Pt 3 Divs 4–8 * * * * * (Headings and ss 31–74) repealed.

Pt 3 Div. 8A Division 8A—Attendance at School (Heading and ss 74A–74G) inserted by No. 9248 s. 28(1).

S. 74A 74A. Definitions inserted by No. 9248 s. 28(1). In this Division unless inconsistent with the context or subject-matter— "head teacher'' means the person for the time being in charge of a school howsoever he is designated; "parent'' includes guardian and every person who is liable to maintain or has the actual custody of a child and any person with whom a child resides or who is the occupier of a house in which a child resides; "State school'' means a school conducted under the Education Act 1958. S. 74B 74B. Summoning officers inserted by No. 9248 s. 28(1). 37 Community Services Act 1970 Act No. 8089/1970

s. 74B74C

(1) The Minister may by order published in the Government Gazette appoint as summoning officers persons authorized by him to summon parents, and may by order so published remove such persons. (2) The production of a copy of the Government Gazette purporting to contain such order of appointment shall be conclusive evidence that the person to whom such order relates has been so appointed. (3) Every summoning officer shall without further or other authority than this Division take all such proceedings as may be necessary to enforce the attendance of children at school in accordance with the requirements of this Division. (4) For the purpose of obtaining the name and address of any child who apparently does not attend school during school hours on school days, any summoning officer may during school hours without further or other authority than this Division accost and detain such child in any street or other public place. (5) Every person who wilfully obstructs hinders or S. 74B(5) amended by interferes with any summoning officer in the No. 19/1994 performance or exercise of his duties shall be s. 38(10). liable to a penalty of not more than $250. 74C. Parents to cause child to attend school S. 74C inserted by No. 9248 (1) The parents of every child of school age shall, s. 28(1). unless there is a reasonable excuse for the child's non-attendance, cause such child to attend a State school on every school half-day in each week. (2) Attendance at a school on any school day for two hours before noon or for two hours after noon shall in each case be attendance on a school half- day.

(3) It shall be a reasonable excuse as regards any child that— (a) the child is under efficient and regular instruction in some other manner and is complying with the like conditions of attendance as are required under this section with regard to attendance at State schools; (b) the child has been prevented from attending school by sickness, reasonable fear of infection, temporary or permanent infirmity or any unavoidable cause; (c) there is no State school which the child can attend within a distance (measured according to the nearest practicable route) from the residence of the child— (i) of 3 kilometres if the child is under 9 years of age; or (ii) of 5 kilometres if the child is at least 9 years of age— and that the child is being educated by correspondence tuition; or

(d) the child has been exempted from school attendance in accordance with the provisions of section 74G or has been excused from school attendance in accordance with the provisions of section 53 of the Education Act 1958. (4) In the event of any child being unable for any reason to attend school on a school half-day the parent if so required by the teacher of the school shall within five days by himself or an authorized

s. 74D

agent inform the teacher of the reason of the child's non-attendance; and all such information shall be reduced to writing and filed by such teacher for inspection by any authorized officer. (5) If a parent omits to inform a teacher of the reason of the child's non-attendance and fails to show reasonable grounds for such omission the child shall be deemed to be absent without a reasonable excuse. (6) For the purposes of this section the expression "being educated by correspondence tuition'' means— (a) that the child is receiving tuition by S. 74C(6)(a) amended by correspondence from a Correspondence No. 46/1998 School of the Department of Education s. 7(Sch. 1). pursuant to registration of the child for enrolment thereat effected by the parent of the child by notification as prescribed to the head teacher of the State school nearest the child's place of residence; or (b) that the child is receiving efficient and S. 74C(6)(b) amended by regular tuition by correspondence in a No. 9427 manner approved by the Minister. s. 6(1)(Sch. 5 item 20).

74D. Parent failing to send child to school S. 74D inserted by No. 9248 (1) Every person who being the parent of a child fails s. 28(1). to cause such child to attend a State school as required by this Division shall unless there is a reasonable excuse for such failure be liable for a first offence to a penalty of not more than $20 and in default of payment may be imprisoned for a term of not more than seven days, and for a second or any subsequent offence in respect of the same or any other child to a penalty of not less than $20 nor more than $40 and in default of

40 Community Services Act 1970 Act No. 8089/1970 s. 74F

payment to imprisonment for a term of not more than fourteen days. (2) In any proceeding under this section— (a) the court may, with the consent of the parent, be held within closed doors; or S. 74D(2)(b) (b) the Court may be held at any State school; substituted by No. 57/1989 and s. 3(Sch. item 24.4(a)). S. 74D(2)(c) (c) in either event the Court may hear and amended by No. 57/1989 determine the matter without requiring the s. 3(Sch. item presence at the court or the school of the 24.4(b)(i)(ii)). parents or the child in respect of whom the proceeding is taken. S. 74E 74E. Certificate to be evidence as to attendance of child inserted by No. 9248 s. 28(1). A certificate purporting to be under the hand of the head teacher of a State school or of a school registered under the provisions of Part III of the Education Act 1958 stating that a child is or is not attending such school or stating the particulars of attendance of a child at such school shall be evidence of the facts stated in such certificate.

S. 74F 74F. Onus of proof inserted by No. 9248 s. 28(1). In any proceeding in relation to the non- attendance at school of any child— (a) the burden of proving the grounds of excuse for non-attendance shall lie on the defendant; (b) a statement on oath by a witness of his belief as to the age or parentage of the child shall be admissible and shall be prima facie evidence of such age or parentage;

s. 74G

(c) a certificate purporting to be under the hand of the head teacher of the State school nearest to the residence of the child stating his belief as to the age or parentage of the child shall be prima facie evidence as to such age or parentage; (d) a certificate purporting to be under the hand of the head teacher of the State school nearest to the residence of the child stating with respect to any period mentioned in such certificate the number of school half-days on which that school was open or the number of school half-days on which the child attended that school shall be prima facie evidence of the facts stated in such certificate; and if from such certificate it appears that the number of school half-days on which the school was open is greater than the number of school half-days on which the child attended, such certificate shall be prima facie evidence that the child during such period did not attend any State school on that number of school half-days which is represented by such excess;

(e) the fact that any such statement on oath or certificate refers to a child of the same or a similar name shall be prima facie evidence that it refers to the child for or in relation to the non-attendance of whom the proceedings are taken. 74G. Exemption from attendance at school S. 74G inserted by No. 9248 The Minister may exempt a child from attendance s. 28(1), at school on the ground— substituted by No. 81/2003 s. 55.

(a) of illness of, or severe hardship to, the child's parents; or (b) that the child (being at least 12 years of age) has been recommended by a medical practitioner for treatment that would prevent the child attending school; or (c) that it is in the interest of the child to be exempted from attendance at school. Pt 3 Div. 9 * * * * * (Heading and ss 75–80) amended by Nos 16/1987 s. 11(h)(i), 46/1998 s. 7(Sch. 1), 74/2000 s. 3(Sch. 1 item 24.2), repealed by No. 81/2003 s. 54. Pt 3 Div. 10 * * * * * (Heading and ss 81–84) repealed.

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Pt 4 * * * * * (Heading and ss 85–110A) repealed.

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Pt 5 * * * * * (Heading and ss 111–145) repealed.

______

Pt 5 PART VI—RESEARCH AND STATISTICS (Heading) amended by No. 9018 s. 7(1), re-numbered as Pt 6 (Heading) by No. 9549 s. 2(1)(Sch. item 40). S. 146 * * * * * repealed by No. 9018 s. 7(2).

No. 6651 147. Research and statistics s. 18. S. 147 The functions of the Department with respect to amended by No. 9018 research and statistics shall be— s. 7(3)(a). S. 147(a) (a) to conduct research and to encourage amended by No. 16/1987 research by qualified persons into problems s. 11(l). of community services; S. 147(b) (b) to direct the compilation of statistics and amended by No. 9018 information in the Department; s. 7(3)(b).

(c) to collate and compile information relating to such other matters persons and things as the Minister directs; (d) to co-operate with any persons or bodies of persons concerned with the compilation of the like statistics and to co-ordinate within Victoria the activities of such persons or bodies of persons; S. 147(e) (e) to disseminate information to the public with amended by No. 16/1987 regard to community services. s. 11(l).

______

s. 149

PART VII—TRAINING SERVICES Pt 6 (Heading) amended by No. 9018 s. 8(1)(a), re-numbered as Pt 7 (Heading) by No. 9549 s. 2(1)(Sch. item 41).

Division 1—Functions Pt 7 Div. 1 (Heading) amended by No. 9018 s. 8(1)(b).

* * * * * S. 148 repealed by No. 9018 s. 8(2).

149. Training S. 149 amended by No. 9018 The functions of the Department with respect to s. 8(3), training shall be— substituted by No. 9248 s. 39. (a) to promote, assist and undertake the S. 149(a) amended by development of policies and programmes on No. 16/1987 the training of persons in community s. 11(m). services; (b) to promote, assist and undertake the S. 149(b) amended by identification of training needs in community No. 16/1987 services; s. 11(m). (c) in co-operation with other government S. 149(c) amended by departments, community groups and No. 16/1987 voluntary organizations to provide s. 11(m). information to the public on community services; (d) to provide information and library services to S. 149(d) amended by employees and clients of the Department. No. 46/1998 s. 7(Sch. 1).

S. 150 150. Lectures, courses etc. amended by No. 9018 (1) The Director-General may either himself or in s. 8(4), collaboration with any other body or bodies— substituted by No. 9248 s. 40. S. 150(1)(a) (a) conduct and organize such lectures, classes, amended by No. 16/1987 courses of study, research projects, s. 11(n). examinations and other activities as he thinks fit for the purpose of or in connexion with the promotion and encouragement of studies in the field of community services; (b) charge and receive such fees and payments as are prescribed in respect of any services supplied by the Department and in respect of the admission of persons to any lectures, classes, courses of study, projects, examinations or other activities organized and conducted by the Department. S. 150(2) (2) The Minister may authorize payments to be made amended by No. 16/1987 out of moneys available to the Department to s. 11(n). educational or training institutions or to persons or bodies of persons with respect to training in the field of community services and to students as bursaries. S. 150(3) * * * * * amended by No. 9427 s. 6(1)(Sch. 5 item 21), repealed by No. 16/1987 s. 9(c). Pt 7 Div. 2 * * * * * (Heading and ss 151, 152) amended by Nos 8493 s. 24, 9018 s. 8(5)(b), 9248 ss 41, 56, 9549 s. 2(1)(Sch. items 42, 43), 9879 s. 2(2) (d), 16/1987 s. 11(o)(q), repealed by No. 56/1989 47 s. 284(g). Community Services Act 1970 Act No. 8089/1970

______

* * * * * Pt 8 (Heading and ss 153–198E) repealed.

______

s. 199

Pt 8 PART IX—GENERAL (Heading) re-numbered as Pt 9 (Heading) by No. 9549 s. 2(1)(Sch. item 46).

S. 178 * * * * * re-numbered as s. 199 by No. 8493 s. 31(f), amended by Nos 9966 s. 16, 47/1986 s. 10, 117/1986 s. 6(Sch. 1 items 1(1), 3(5)(6)), repealed by No. 56/1989 s. 284(i) (as amended by No. 93/1990 s. 20(d)). S. 199A * * * * * inserted by No. 9047 s. 2, repealed by No. 10080 s. 14. S. 179 * * * * * amended by Nos 8426 s. 7, 8493 ss 28(1), 29(2), re-numbered as s. 200 by No. 8493 s. 31(f), amended by Nos 9248 s. 52, 9966 s. 17, 117/1986 s. 6(Sch. 1 item 1(1)), repealed by No. 56/1989 s. 284(ia) (as amended by No. 93/1990 s. 20(d)).

s. 200A

200A. Use of departmental land etc. for community S. 200A purposes inserted by No. 9879 s. 20(1).

(1) Notwithstanding anything to the contrary in any S. 200A(1) amended by Act the Secretary may, after consultation with the Nos 16/1987 Secretary for Planning and Environment, s. 11(r)(i), 12/1989 authorize any voluntary organization, government s. 4(1)(Sch. 2 department, municipal council, person or body, item 14.9), 46/1998 subject to such conditions as the Secretary s. 7(Sch. 1). imposes, to use for any purpose relating to the achievement of the objects of this Act— (a) any real or personal property vested in the Department and used for the purposes of the Department; or (b) any lands of the Crown reserved for any S. 200A(1)(b) amended by public purpose and used for the purposes of No. 16/1987 the Department (whether or not vested in s. 11(r)(ii). trustees or jointly in the Minister for Conservation, Forests and Lands and trustees). (2) The Secretary may refuse to grant an authority S. 200A(2) amended by under sub-section (1) until the voluntary Nos 12/1989 organization, government department, municipal s. 4(1)(Sch. 2 item 14.9), council, person or body enters into an agreement 46/1998 with the Secretary for the expenditure of moneys s. 7(Sch. 1). towards the making of improvements renovations or repairs on any lands authorized by the Secretary to be used, the improvement or repair of any equipment authorized to be used or the provision of any equipment or materials to be used for departmental purposes. (3) Any authority given under sub-section (1), and any agreement entered into pursuant to sub- section (2), shall be of full force and effect notwithstanding anything to the contrary in any Act or law relating to Crown lands.

50 Community Services Act 1970 Act No. 8089/1970 s. 200AB

S. 200A(4) (4) Any such authority shall be deemed to have been amended by given by the Secretary, and any such agreement No. 46/1998 s. 7(Sch. 1). shall be deemed to have been entered into by the Secretary, for and on behalf of the Crown. S. 200AB 200AB. Provisions applying to agencies funded by inserted by No. 49/1988 Department s. 178 (as amended by No. 1/1989 s. 4(g)). S. 200AB(1) (1) Despite the repeal of the Hospitals and Charities amended by No. 2/1992 Act 1958 by section 176 of the Health Services s. 4. Act 1988, the Hospitals and Charities Act 1958, as in force immediately before the commencement of that section, continues, until 30 June 1994, to apply to an institution or benevolent society providing community services that, immediately before that commencement— (a) was registered under that Act; and S. 200AB(1)(a) (b) received grants, subsidies or other financial amended by No. 46/1998 assistance from money administered by the s. 7(Sch. 1). Secretary of the Department of Community Services. (2) The Administrative Arrangements Act 1983 shall be deemed to continue to apply to the extent necessary to amend or revoke any Order in force under that Act immediately before the commencement of this section and applying to provisions of the Hospitals and Charities Act 1958 that continue to apply to institutions and societies by reason of this section. (3) In sub-section (1), "community services" means services which provide social support, care and development, and assist with maintaining individuals and families, including those who suffer from disease or disability, in the community, and includes—

s. 201

(a) services provided by visiting Child Health Nurses, Early Childhood Development Program Co-ordinators and Infant Welfare Services; (b) family planning services; (c) administrative support for organisations which provide services for the physically, intellectually or sensorily disabled; and (d) administrative support for organisations which provide domiciliary care including home help, day centres, senior citizens centres, home handy person and Welfare Officers for the Aged. 201. Obstruction etc. No. 6651 s. 52. Every person who obstructs or hinders the S. 180 re-numbered Secretary or any employee in the Department in as s. 201 by the execution of his duties under this Act shall be No. 8493 s. 31(f), guilty of an offence. amended by Nos 9966 Penalty:$250 or imprisonment for three months. s. 18(a)(b), 117/1986 s. 6(Sch. 1 item 3(7)), 46/1998 s. 7(Sch. 1). 202. General offences and penalties No. 6651 s. 53. (1) Every person who contravenes or fails to comply S. 181 re-numbered with any of the provisions of this Act or the as s. 202 by regulations shall for every such contravention or No. 8493 failure be guilty of an offence against this Act. s. 31(f). (2) Every person guilty of an offence against this Act for which no penalty is expressly provided shall be liable to a penalty of not more than $100. * * * * * S. 202A inserted by No. 8701 s. 4, amended by No. 9966 s. 19, repealed by No. 10260 s. 114(Sch. 4 item 1). 52 Community Services Act 1970 Act No. 8089/1970 s. 203

S. 182 203. Power to Governor in Council to make regulations amended by No. 8493 s. 30(a)(c)(d), The Governor in Council may make regulations re-numbered for or with respect to— as s. 203 by No. 8493 s. 31(f).

S. 203(a) (a) allowances under Division 2 of Part III; amended by No. 9902 s. 2(1)(Sch. item 26).

S. 203(b) * * * * * amended by No. 9902 s. 2(1)(Sch. item 26), repealed by No. 56/1989 s. 284(j). (c) the conditions on which street trading licences may be granted renewed suspended or cancelled; (d) the days and hours during which, the places at which, and the manner in which street trading may be carried on by street traders; (e) requiring all persons employing children in street trading to keep records in such form and giving such particulars as are prescribed as to the names ages and work of all such children; (f) regulating generally the conduct of street traders; S. 203(g) (g) subsidies payable in respect of young amended by No. 8493 persons admitted to the care of the s. 30(a). Department or placed under the supervision of the Department and placed pursuant to

s. 203

section 105 or the provisions of any other Act or law; * * * * * S. 203(h) repealed by No. 56/1989 s. 284(j).

(j) reports for the purposes of this Act; * * * * * S. 203(k)–(n) repealed.

(na) all matters necessary or expedient for S. 203(na) inserted by carrying out the provisions of Part III, No. 9248 Division 8A; s. 54(a). * * * * * S. 203(o) repealed by No. 56/1989 s. 284(j).

(p) prescribing courses of instruction and training necessary to qualify for certificates of qualification issued by the Training Council; (q) prescribing fees to be paid— (i) by persons attending lectures classes courses schools and other activities conducted by the Department; (ii) by candidates at examinations conducted by the Training Council and for the issue of diplomas and certificates of competency;

(iii) to lecturers and tutors for services S. 203(q)(iii) inserted by provided in carrying out the objects of No. 9248 this Act; s. 54(b).

S. 203(r)–(ta) * * * * * repealed.

S. 203(u) (u) meetings of consultative and advisory amended by Nos 8504 s. 6, councils appointed under this Act and 9248 s. 54(c), meetings of the Training Council; 9879 s. 2(2) (e), 117/1986 s. 6(Sch. 1 item 5(1)(h)), 16/1987 s. 10(f), 52/1998 s. 311(Sch. 1 item 14.3). S. 203(v)–(y) * * * * * repealed.

S. 203(ya) (ya) all matters relating to child care agreements inserted by No. 16/1987 under section 13A; s. 8(2) (as amended by No. 56/1989 s. 283(d)). S. 203(yb) (yb) all matters relating to long-term child care inserted by No. 56/1989 agreements under section 13C; s. 284(k).

S. 203(z) * * * * * repealed by No. 56/1989 s. 284(j).

S. 203(aa) (aa) the provision by the Department of services amended by No. 16/1987 to the public or any persons or bodies of s. 11(s). persons engaged in community services; S. 203(ab) (ab) prescribing fees to be paid for the provision amended by No. 9018 of services to be rendered by the s. 10. Department; S. 203(ac) (ac) prescribing forms of applications agreements amended by No. 9968 complaints books certificates rolls licences s. 7(b). orders warrants permits and bonds under this Act and such other forms as are necessary or

s. 203

expedient for the administration of this Act and all such forms or forms to the like effect shall be sufficient in law; (ad) prescribing penalties for offences against the regulations; and (ae) generally any matter or thing authorized or required to be prescribed for carrying this Act into effect. ______

Sch. 1

SCHEDULES

S. 2. SCHEDULE ONE

Number of Act Title of Act Extent of Repeal 6219 Children's Welfare Act 1958 The whole 6259 Gaols Act 1958 The whole 6385 Street Trading Act 1958 The whole 6421 Youth Organisations Assistance Act The whole 1958 6651 Social Welfare Act 1960 The whole ______

Sch. 2

SCHEDULE TWO S. 9. Sch. 2 Sections 17–22, section 48, section 50, and paragraphs (c), (d), (e), and (f) of amended by No. 9248 section 67 of the Adoption of Children Act 1964. s. 28(2). Division 4 of Part III of the Mental Health Act 1959. ______

* * * * * Schs 3–5 repealed.

═══════════════

Endnotes

ENDNOTES

1. General Information The Community Services Act 1970 was assented to on 22 December 1970 and came into operation on 5 January 1971: Government Gazette 5 January 1971 page 1. The name of this Act was changed from the Social Welfare Act 1970 to the Community Welfare Services Act 1970 by No. 9248/1978, section 2(2), and to the Community Services Act 1970 by No. 16/1987, section 4(1).

Endnotes

2. Table of Amendments This Version incorporates amendments made to the Community Services Act 1970 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971 Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 Current State: All of Act in operation Youth, Sport and Recreation Act 1972, No. 8344/1972 Assent Date: 12.12.72 Commencement Date: 19.12.72: Government Gazette 13.12.72 p. 3978 Current State: All of Act in operation Social Welfare (Amendment) Act 1973, No. 8426/1973 (as amended by No. 8701) Assent Date: 17.4.73 Commencement Date: S. 7 on 1.4.74: Government Gazette 27.3.74 p. 713; s. 8 on 5.5.76: Government Gazette 5.5.76 p. 1269; ss 2–6 on 7.6.76: Government Gazette 19.5.76 p. 1388 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Social Welfare Act 1973, No. 8493/1973 (as amended by No. 9019) Assent Date: 4.12.73 Commencement Date: Ss 1–4, 6–9, 11, 12, 13(1)(3), 14, 15, 21, 24–26, 27(2) (b)(3)(b)(4), 29, 30(a)(c)(d), 31(f) on 1.4.74: Government Gazette 27.3.74 p. 714; ss 27(1)(2)(a)(3) (a), 31(a)–(e)(g), 33 on 2.7.74: Government Gazette 22.5.74 p. 1712; ss 5, 28 on 6.11.74: Government Gazette 6.11.74 p. 3872; s. 23 on 5.5.76: Government Gazette 5.5.76 p. 1269; ss 10, 13(2), 16–20, 30(b), 32 on 16.8.76: Government Gazette 11.8.76 p. 2483; s. 22 on 1.4.77: Government Gazette 30.3.77 p. 794 Current State: All of Act in operation Social Welfare (Financial) Act 1973, No. 8504/1973 Assent Date: 11.12.73 Commencement Date: Ss 1, 2, 6 on 1.4.74: Government Gazette 27.3.74 p. 714; ss 3–5 on 2.7.74: Government Gazette 22.5.74 p. 1713 Current State: All of Act in operation Status of Children Act 1974, No. 8602/1974 Assent Date: 26.11.74 Commencement Date: 1.3.75: Government Gazette 5.2.75 p. 228 Current State: All of Act in operation

Public Service Act 1974, No. 8656/1974 (as amended by No. 8692)

Endnotes

Assent Date: 20.12.74 Commencement Date: 1.8.75: s. 1(2) Current State: All of Act in operation Social Welfare (Amendment) Act 1975, No. 8701/1975 Assent Date: 16.5.75 Commencement Date: Ss 1–6 on 1.3.76: Government Gazette 11.2.76 p. 457; rest of Act on 5.5.76: Government Gazette 5.5.76 p. 1269 Current State: All of Act in operation Magistrates (Summary Proceedings) Act 1975, No. 8731/1975 Assent Date: 16.5.75 Commencement Date: S. 173 on 1.7.76: Government Gazette 24.3.76 p. 848 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Social Welfare (Amendment) Act 1975, No. 8821/1975 Assent Date: 9.12.75 Commencement Date: Ss 1–3, 5 on 14.1.76: Government Gazette 14.1.76 p. 89; s. 4 on 16.8.76: Government Gazette 11.8.76 p. 2484 Current State: All of Act in operation Social Welfare (Administration) Act 1977, No. 9018/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77 Current State: All of Act in operation Social Welfare (Homeless Persons) Act 1977, No. 9047/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 Current State: All of Act in operation Crimes (Married Persons Liability) Act 1977, No. 9073/1977 Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 25.1.78 p. 201 Current State: All of Act in operation

Community Welfare Services Act 1978, No. 9248/1978 (as amended by Nos 9266, 9427 and 9549)

Endnotes

Assent Date: 19.12.78 Commencement Date: Ss 24, 25, 27, 28, 33, 36–52 on 24.1.79: Government Gazette 24.1.79 p. 201; ss 1, 2, 4(a)–(e)(g), 5, 6, 7(1) (2), 8–10, 13–17, 18(1), 20(1)(b)(c), 20(2), 26, 31, 32, 35, 54(a)(b), 55, 56, 58 on 13.2.79: Government Gazette 13.2.79 p. 383; ss 19, 20(1)(a), 29, 54(d) on 18.7.79: Government Gazette 18.7.79 p. 2260; ss 7(3), 12, 30 on 15.8.80: Government Gazette 14.5.80 p. 1468; ss 3, 4(f), 11, 18(2), 54(c) on 26.9.80: Government Gazette 10.9.80 p. 3083; ss 22, 23, 34, 57 on 6.1.82: Government Gazette 6.1.82 p. 5; s. 21 on 1.2.83: Government Gazette 19.1.83 p. 127; s. 53 was never proclaimed, repealed by No. 9879 s. 20(3) Current State: All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 (as amended by No. 9549) Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) Current State: All of Act in operation Community Welfare Services (Extradition) Act 1980, No. 9498/1980 Assent Date: 23.12.80 Commencement Date: 23.12.80 Current State: All of Act in operation Statute Law Revision Act 1981, No. 9549/1981 (as amended by No. 9902) Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) Current State: All of Act in operation Penalties and Sentences Act 1981, No. 9554/1981 (as amended by No. 9692) Assent Date: 19.5.81 Commencement Date: S. 44 on 26.9.80: s. 1(3); ss 1, 36–43, 45, 46 on 3.6.81: Government Gazette 3.6.81 p. 1778; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799 Current State: All of Act in operation Community Welfare Services (Amendment) Act 1983, No. 9879/1983 Assent Date: 10.5.83 Commencement Date: All of Act (except s. 20) on 10.5.83; s. 20(1) on 12.9.84: Government Gazette 12.9.84 p. 3149; s. 20(3) on 24.4.85: Government Gazette 24.4.85 p. 1169; s. 20(2) never proclaimed, repealed by No. 56/1989 s. 286(Sch. 2 item 5) Current State: All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) Current State: All of Act in operation

Community Welfare Services (Attendance Centre Permits) Act 1983, No. 9913/1983

Endnotes

Assent Date: 21.6.83 Commencement Date: 21.6.83 Current State: All of Act in operation Victorian Prison Industries Commission Act 1983, No. 9944/1983 Assent Date: 20.9.83 Commencement Date: 4.7.84: Government Gazette 4.7.84 p. 2243 Current State: All of Act in operation Penalties and Sentences (Amendment) Act 1983, No. 9945/1983 Assent Date: 20.9.83 Commencement Date: S. 2 on 1.9.81: s. 1(4); rest of Act (except s. 8) on 20.12.83: Government Gazette 14.12.83 p. 4035; s. 8 never proclaimed, repealed by No. 10096 s. 4(4) Current State: All of Act in operation Community Welfare Services (Director-General of Corrections) Act 1983, No. 9966/1983 (as amended by No. 10087) Assent Date: 22.11.83 Commencement Date: Ss 1–3, 18, 23–25 on 22.11.83: s. 2(a); ss 4, 5(a)(b)(d), 6, 7(1)(2), 9–11, 16, 17, 19, 20, 24 on 11.10.83: s. 2(b); rest of Act on 1.2.84: Government Gazette 25.1.84 p. 162 Current State: All of Act in operation Community Welfare Services (Pre-release Programme) Act 1983, No. 9968/1983 Assent Date: 22.11.83 Commencement Date: 27.3.84: Government Gazette 27.3.84 p. 939 Current State: All of Act in operation Penalties and Sentences (Youth Attendance Projects) Act 1984, No. 10080/1984 (as amended by No. 16/1987) Assent Date: 15.5.84 Commencement Date: Ss 9, 14 on 15.5.84: s. 2(2); ss 10, 11, 13 on 12.9.84: Government Gazette 12.9.84 p. 3149; s. 18(1) on 14.9.88: Government Gazette 14.9.88 p. 2763; rest of Act never proclaimed, repealed by No. 56/1989 s. 286(Sch. 2 item 13) Current State: All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) Current State: All of Act in operation Penalties and Sentences (Amendment) Act 1984, No. 10152/1984 Assent Date: 20.11.84 Commencement Date: S. 10 on 5.12.84: Government Gazette 5.12.84 p. 4329 Current State: This information relates only to the provision/s amending the Community Services Act 1970

Coroners Act 1985, No. 10257/1985

Endnotes

Assent Date: 10.12.85 Commencement Date: Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 Current State: All of Act in operation Penalties and Sentences Act 1985, No. 10260/1985 Assent Date: 10.12.85 Commencement Date: S. 114(Sch. 4 items 1–3) on 1.6.86: Government Gazette 30.4.86 p. 1116 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Health (Amendment) Act 1985, No. 10262/1985 Assent Date: 10.12.85 Commencement Date: S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451 Current State: This information relates only to the provision/s amending the Community services Act 1970 Melbourne Sailors' Home Act 1986, No. 5/1986 Assent Date: 25.3.86 Commencement Date: 22.4.86: s. 2 Current State: All of Act in operation Crimes (Amendment) Act 1986, No. 37/1986 Assent Date: 20.5.86 Commencement Date: 1.7.86: Government Gazette 25.6.86 p. 2239 Current State: All of Act in operation Children's Court (Amendment) Act 1986, No. 41/1986 Assent Date: 20.5.86 Commencement Date: S. 9 on 1.7.86: Government Gazette 18.6.86 p. 2067 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Young Offenders (Interstate Transfer) Act 1986, No. 47/1986 (as amended by Nos 117/1986, 16/1987, 56/1989) Assent Date: 27.5.86 Commencement Date: Ss 2, 3, 6, 9–11 on 15.9.86: Government Gazette 3.9.86 p. 3293; s. 7 on 16.11.87: s. 2(2); s. 1 never proclaimed, repealed by No. 11/1995; s. 5 never proclaimed, repealed by No. 56/1989 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Corrections Act 1986, No. 117/1986 Assent Date: 23.12.86 Commencement Date: S. 6 on 6.5.87: Government Gazette 6.5.87 p. 1004; Sch. 1 item 1 on 1.3.88: Government Gazette 24.2.88 p. 363 Current State: This information relates only to the provision/s amending the Community Services Act 1970

Endnotes

Community Services Act 1987, No. 16/19871 (as amended by Nos 56/1989, 93/1990 (as amended by No. 69/1992)) Assent Date: 12.5.87 Commencement Date: Ss 1–6, 9–13, Sch. 1 on 22.2.89: Government Gazette 22.2.89 p. 386; Sch. 2 items 1–13 on 5.3.89: Government Gazette 15.3.89 p. 587; rest of Act on 25.6.92: Government Gazette 24.6.92 p. 1532 Current State: All of Act in operation State Concessions (Amendment) Act 1987, No. 48/1987 Assent Date: 15.9.87 Commencement Date: 1.12.87: Government Gazette 18.11.87 p. 3072 Current State: All of Act in operation Crimes (Fingerprinting) Act 1988, No. 38/1988 Assent Date: 24.5.88 Commencement Date: S. 8 on 1.1.90: Government Gazette 20.12.89 p. 3290 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Health Services Act 1988, No. 49/1988 (as amended by No. 1/1989) Assent Date: 24.5.88 Commencement Date: S. 178 on 14.5.89: Government Gazette 3.5.89 p. 998 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990) Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 14.6, 14.8, 14.9) on 1.11.89: Government Gazette 1.11.89 p. 2798 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Police Regulation (Amendment) Act 1989, No. 15/1989 Assent Date: 16.5.89 Commencement Date: Ss 1–32 on 16.5.89: s. 2(1); s. 33 on 23.8.89: Government Gazette 23.8.89 p. 2146 Current State: All of Act in operation Children and Young Persons Act 1989, No. 56/1989 (as amended by Nos 93/1990, 69/1992) Assent Date: 14.6.89 Commencement Date: Ss 284(a)–(d)(ec)(h)(ia), 286 on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2; s. 284(da), (db), (dc), (dd), (df), (ea), (eb), (ed), (ee), (i)–(m) on 23.9.91: Government Gazette 28.8.91 p. 2368; s. 284(de)(dg) (e)(f)(g), Sch. 2 item 4 on 30.9.92: Government Gazette 26.8.92 p. 2470 Current State: This information relates only to the provision/s amending the Community Services Act 1970

Endnotes

Magistrates' Courts (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 Current State: All of Act in operation Children and Young Persons (Amendment) Act 1990, No. 93/1990 (as amended by No. 69/1992) Assent Date: 18.12.90 Commencement Date: All of Act (except s. 8(2)) on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2; s. 8(2) on 30.9.92: Government Gazette 26.8.92 p. 2470 Current State: All of Act in operation Hospitals and Charities (Extension) Act 1992, No. 2/1992 Assent Date: 28.4.92 Commencement Date: 28.4.92 Current State: All of Act in operation Children and Young Persons (Amendment) Act 1992, No. 69/1992 Assent Date: 24.11.92 Commencement Date: Ss 31(3)(4), 32 on 29.1.93; s. 33(3)–(7) on 22.2.93: Government Gazette 28.1.93 p. 174 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Children and Young Persons (Miscellaneous Amendments) Act 1994, No. 19/1994 Assent Date: 10.5.94 Commencement Date: Ss 38(10), 39 on 10.5.94: s. 2(1) Current State: This information relates only to the provision/s amending the Community Services Act 1970 Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 item 15) on 1.1.95: Government Gazette 28.7.94 p. 2055 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Corrections (Amendment) Act 1996, No. 45/1996 Assent Date: 26.11.96 Commencement Date: S. 18(Sch. 2 item 3) on 6.2.97: Government Gazette 6.2.97 p. 257 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Children's Services Act 1996, No. 53/1996 Assent Date: 3.12.96 Commencement Date: S. 59 on 1.6.98: Government Gazette 28.5.98 p. 1189 Current State: This information relates only to the provision/s amending the Community Services Act 1970

Endnotes

Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997 Assent Date: 25.11.97 Commencement Date: Ss 16, 17 on 25.11.97: s. 2(1) Current State: This information relates only to the provision/s amending the Community Services Act 1970 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7 (Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Community Services Act 1970 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 14) on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 24) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Community Services Act 1970 Child Employment Act 2003, No. 81/2003 Assent Date: 11.11.03 Commencement Date: Ss 54, 55 on 12.6.04: Special Gazette (No. 61) 15.3.04 p. 1 Current State: This information relates only to the provision/s amending the Community Services Act 1970 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 37) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Community Services Act 1970 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes

3. Explanatory Details

68 1 Table of Amendments: Section 4(2) of the Community Services Act 1987, No. 16/1987 reads as follows: 4. Name of Act (2) In— (a) any Act other than this Act or the Principal Act; or (b) a subordinate instrument made under an Act; or (c) a document— a reference to the Community Welfare Services Act 1970 is from the date of commencement of this section to be treated as a reference to the Community Services Act 1970.