Victorian Numbered Acts Victorian Numbered ActsAfter section 34 of the Principal Act insert —
(1) On an application by a sector regulator, a court may grant an injunction, in the terms the court considers appropriate, if the court is satisfied that a person, body or relevant entity—
(a) has failed to comply with a notice to produce or a notice to comply; or
(b) is required to comply with the Child Safe Standards and has failed, or is likely to fail, to do so.
(2) Without limiting subsection (1), the court may grant an injunction under that subsection—
(a) to restrain a person, body or relevant entity from engaging in specified conduct that the Court reasonably considers is likely to harm a child; or
(b) to restrain a person, body or relevant entity from providing specified services or facilities to children before the failure to comply is rectified; or
(c) to restrain a person, body or relevant entity from employing or engaging children before the failure to comply is rectified; or
(d) to require a person, body or relevant entity to do a specified act or thing that the court considers reasonably necessary to prevent, minimise or remedy the failure to comply; or
(e) to require a person, body or relevant entity to institute training programmes for persons employed or engaged by the person, body or relevant entity.
(3) The power of the court to grant an injunction under subsection (1) may be exercised whether or not the person, body or relevant entity—
(a) is likely to fail to comply with the Child Safe Standards or notice (as appropriate) in the future; or
(b) has previously failed to comply with the Child Safe Standards, a notice to produce or a notice to comply.
(4) The court may, if it considers that it is appropriate to do so, grant an injunction under subsection (1) by consent of all the parties to the proceeding, whether or not the court is satisfied as required by subsection (1).
(1) On the application of a sector regulator, a court may grant an interim injunction, in the terms the court considers appropriate, pending the determination of an application by the sector regulator for an injunction under section 34A.
(2) An application for an interim injunction under subsection (1) may be made ex parte.
(1) On the application of a sector regulator, a court may order a relevant entity to do one or more of the actions set out in subsection (2) if—
(a) the relevant entity is convicted or found guilty in criminal proceedings for an offence under this Part that is constituted by the failure of the relevant entity to comply with a notice to produce or a notice to comply; or
(b) a declaration is made under section 33(1)(a) or (1A)(a) that the relevant entity has failed to comply with a notice to produce or a notice to comply.
(2) The court may order that the relevant entity take any specified action that the court considers reasonably necessary to publicise or notify any specified person or class of person of—
(a) the relevant entity's offence or failure to comply with the notice to produce or notice to comply; or
(b) the relevant entity's failure to comply with the Child Safe Standards that caused the giving of the notice or the making of the declaration (as appropriate); or
(c) any harm, or risk of harm, caused by the relevant entity's failure to comply with the notice; or
(d) any penalties imposed, or other orders made, as a result of the commission of the offence or failure to comply; or
(e) any other information the court considers appropriate.
(3) An application for an order under this section must be made within 6 months after the conviction, finding of guilt or declaration referred to in subsection (1) (as appropriate).
A person must not, without reasonable excuse, fail to comply with a notice to produce or a notice to comply.
Penalty: In the case of a body corporate, 120 penalty units;
In any other case, 60 penalty units.
(1) If a sector regulator applies under section 33(1) or (1A) for a declaration, an order or an injunction against a person, body or relevant entity for failing to comply with a notice to produce or notice to comply, the sector regulator must not commence criminal proceedings for a charge against section 34D that is constituted by the failure or alleged failure of that person, body or relevant entity to comply with that notice.
(2) Subsection (1) applies whether or not the court makes a declaration or order or grants an injunction in response to an application under section 33(1) or (1A).
(3) If a person, body or relevant entity has been convicted or found guilty of an offence against section 34D, or a charge against the person, body or relevant entity for an offence against section 34D is pending, that is constituted by the failure or alleged failure of that person, body or relevant entity to comply with a notice to produce or notice comply—
(a) a sector regulator may not apply under section 33(1)(b) or (1A)(b) for an order for the person, body or relevant entity to pay a pecuniary penalty for failure to comply with that notice; and
(b) the court may not order the person, body or relevant entity to pay a pecuniary penalty for failure to comply with that notice.".