Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES (CONSEQUENTIAL AND OTHER AMENDMENTS) ACT 2006 (NO 48 OF 2006) - SECT 30

For Schedule 4 to the Children, Youth and Families Act 2005 substitute —

'SCHEDULE 4

Section 606

TRANSITIONAL AND SAVING PROVISIONS

        1.     Definitions

In this Schedule—

"commencement day" means the day on which section 601 of the new Act comes into operation;

"old Act" means Children and Young Persons Act 1989 ;

"new Act" means Children, Youth and Families Act 2005 .

        2.     General transitional provisions

    (1)     This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .

    (2)     Without limiting sub-clause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the old Act or the Community Services Act 1970 , this Schedule must not be taken to—

        (a)     limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or

        (b)     be an exhaustive list of the provisions of the old Act or the Community Services Act 1970 re-enacted by the new Act.

    (3)     This Schedule applies despite anything to the contrary in any other provision of the new Act.

        3.     Saving of references

If a provision of an Act that is repealed by the new Act required a reference in an Act, subordinate instrument or other instrument or document to a person or body to be construed as a reference to another person or body, the repeal of that provision does not affect the construction of that reference in that Act, instrument or document, unless the contrary intention appears.

Division 1—General

        4.     Superseded reference

On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind, a reference to the old Act must be read as a reference to the new Act.

        5.     Re-enacted provisions

A provision or provisions of the old Act specified in Column 1 of the Table are deemed to be re-enacted (with modifications) by the provision or provisions of the new Act appearing opposite in Column 2 of the Table.

Old Provision	New Provision
Division 1 of Part 2	Part 7.1
Division 2 of Part 2	Part 7.2
Division 3 of Part 2	Part 7.3
Division 4 of Part 2	Part 7.4
Division 5 of Part 2	Part 7.5
Division 6 of Part 2	Part 7.6
Division 7 of Part 2	Part 7.7
Division 8 of Part 2	Part 7.8
Section 62	Part 3.6
Sections 63 and 63A	Part 4.1
Section 64	Division 2 of Part 4.4
Sections 65(2), 66 and 67	Division 1 of Part 4.6
Sections 68, 69 and 70	Division 2 of Part 4.8
Division 3 of Part 3	Division 4 of Part 4.8
Division 4 of Part 3	Division 5 of Part 4.8
Sections 81, 82 and 83	Division 1 of Part 4.7
Division 6 of Part 3	Part 4.9
Division 7 of Part 3	Part 4.10
Division 7A of Part 3	Section 533
Division 8 of Part 3	Division 1 of Part 4.11

Sections 121 and 122	Division 2 of Part 4.11
Sections 123 and 124	Sections 172, 173 and 174
Section 126	Division 1 of Part 4.12
Old Provision	New Provision
Division 10 of Part 3	Division 2 of Part 4.12
Division 1 of Part 4	Part 5.1
Division 2 of Part 4	Division 1 of Part 5.2
Division 3 of Part 4	Division 2 of Part 5.2
Division 4 of Part 4	Division 3 of Part 5.2
Division 5 of Part 4	Division 4 of Part 5.2
Division 6 of Part 4	Division 5 of Part 5.2

Division 7 of Part 4	Part 5.3
Division 7A of Part 4	Section 533
Division 8 of Part 4	Part 5.4
Division 9 of Part 4	Part 5.5
Division 10 of Part 4	Part 5.6
Division 11 of Part 4	Part 5.7
Division 12 of Part 4	Part 5.8
Division 13 of Part 4	Part 7.9
Division 1 of Part 5 (except section 265)	Part 6.1
Section 265	Part 8.3
Division 2 of Part 5	Part 6.2
Section 271	Part 8.2
Section 272	Section 503
Sections 273, 274, 275, 276 and 279	Part 7.10
Section 277	Section 593
Section 278	Section 595
Division 5 of Part 5	Part 8.5
Old Provision	New Provision
Division 5A of Part 5	Part 7.11
Schedule 1	Schedule 2
Schedule 2	Schedule 1
Schedule 2A	Schedule 3

Division 2—The Children's Court of Victoria

        6.     The Children's Court of Victoria

The Children's Court of Victoria continued by the new Act is deemed to be the same court as The Children's Court of Victoria existing immediately before the commencement day.

        7.     President and Acting President

    (1)     The person who holds office as President of The Children's Court of Victoria immediately before the commencement day holds office as President under and subject to the new Act without further appointment.

    (2)     Any person who holds office as Acting President of The Children's Court of Victoria immediately before the commencement day holds office as Acting President under and subject to the new Act for the duration of his or her appointment as Acting President without further appointment.

        8.     Magistrates and acting magistrates

    (1)     Any person who holds office as magistrate for the Court immediately before the commencement day holds office as magistrate for the Court under and subject to the new Act without further appointment.

    (2)     Any person who holds office as acting magistrate for the Court immediately before the commencement day holds office as magistrate for the Court under and subject to the new Act for the duration of his or her appointment as acting magistrate without further appointment.

        9.     Aboriginal elders or respected persons

Any person who holds office as an Aboriginal elder or respected person under section 27A of the old Act immediately before the commencement day holds office as an Aboriginal elder or respected person under section 536 of, and subject to, the new Act for the duration of his or her appointment as an Aboriginal elder or respected person without further appointment.

        10.     Principal registrar, registrars and deputy registrars

Any person who holds office as principal registrar, registrar or deputy registrar under the old Act immediately before the commencement day holds office as principal registrar, registrar or deputy registrar under and subject to the new Act.

        11.     Probation officer and honorary probation officers

    (1)     Any person who holds office as a probation officer under the old Act immediately before the commencement day holds office as a youth justice officer under and subject to the new Act.

    (2)     Any person who holds office as an honorary probation officer under the old Act immediately before the commencement day holds office as an honorary youth justice officer under and subject to the new Act.

        12.     Court liaison officers

Any person who holds office as a court liaison officer under the old Act immediately before the commencement day holds office as a court liaison officer under and subject to the new Act.

        13.     The Children's Court Clinic

The Children's Court Clinic continued by the new Act is deemed to be the same clinic as the Children's Court Clinic existing under the old Act immediately before the commencement day.

Division 3—Protection of Children

        14.     Approved community services    

    (1)         A body that was an approved community service under section 58 of the old Act immediately before the commencement day and was in receipt of funding from the Secretary for the provision of out of home care services is deemed on the commencement day to be a registered out of home care service under the new Act.

    (2)         A body that was an approved community service under section 58 of the old Act immediately before the commencement day and was in receipt of funding from the Secretary for the provision of family services other than out of home care services is deemed on the commencement day to be a registered community-based child and family service under the new Act.

    (3)         A body that was an approved community service under section 58 of the old Act immediately before the commencement day and was in receipt of funding from the Secretary for the provision of out of home care services and other family services is deemed on the commencement day to be a registered out of home care service and a registered community-based child and family service under the new Act.

    (4)         Despite section 49 of the new Act, a body referred to in sub-clause (1), (2) or (3) is deemed to be registered for 12 months from the commencement day.

    (5)         The Secretary, by notice in writing given to a body referred to in sub-clause (1), (2) or (3) within 12 months after the commencement day, may extend the period of deemed registration of the body to a period not exceeding 3 years from the commencement day.

    (6)         Nothing in this clause prevents a body referred to in sub-clause (1), (2) or (3) from applying for a renewal of registration under section 50 of the new Act.

        15.     Departmental community services and secure welfare services

    (1)         A community service established under section 57 of the old Act is deemed to be a community service established under section 44 of the new Act.

    (2)         A secure welfare service established under section 57 of the old Act is deemed to be a secure welfare service established under section 44 of the new Act.

        16.     Notifications

On the commencement day—

        (a)         a notification made under section 64(1) of the old Act is deemed—

              (i)         to be a report under section 183 of the new Act; and

              (ii)         to have been determined under section 187 of the new Act to be a protective intervention report for the purposes of the new Act;

        (b)         a notification made under section 64(1A) of the old Act is deemed—

              (i)         to be a report under section 184 of the new Act; and

              (ii)         to have been determined under section 187 of the new Act to be a protective intervention report for the purposes of the new Act.

        17.     Central register

The central register established and maintained under section 65(1)(b) of the old Act is deemed to be the central register referred to in section 165 of the new Act.

        18.     Pre-hearing conferences

    (1)         Despite the repeal of the old Act, sections 37A, 82A, 82B and 87(2) of the old Act continue in force until the date of commencement of Division 2 of Part 4.7 of the new Act as if the words and expressions in those sections had the same meanings as they have in the new Act.

    (2)         On and from the commencement of Division 2 of Part 4.7 of the new Act, a reference in section 224 to a report of the convenor or convenors of a dispute resolution conference is deemed to include a reference to the convenor's report on a pre-hearing conference held under section 82A of the old Act.

        19.     Case plan

A case plan prepared under section 120 of the old Act in respect of a child is deemed to be a case plan prepared under section 166 of the new Act in respect of the child.

        20.     State Guardianship Fund

The State Guardianship Fund established under section 177 of the new Act is deemed to be the same fund as the State Guardianship Fund established under section 125 of the old Act.

Division 4—Children and the Criminal Law

        21.     Youth Residential Board

Any person who holds office as a member of the Youth Residential Board under the old Act immediately before the commencement day holds office as a member of that Board under and subject to the new Act for the duration of his or her appointment without further appointment.

        22.     Youth Parole Board

Any person who holds office as a member of the Youth Parole Board under the old Act immediately before the commencement day holds office as a member of that Board under and subject to the new Act for the duration of his or her appointment without further appointment.

        23.     Corrective services

A corrective service established under section 249 of the old Act and specified in Column 1 of the Table and existing immediately before the commencement day is deemed to be established under section 478 of the new Act as a corrective service specified opposite it in Column 2 of the Table.

Column 1	Column 2
Remand centre	Remand centre
Youth residential centre	Youth residential centre
Youth training centre	Youth justice centre
Youth supervision unit	Youth justice unit

        24.     Superseded references

On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind—

        (a)     a reference to a probation officer, responsible officer or supervisor within the meaning of the old Act must be read as a reference to a youth justice officer; and

        (b)     a reference to a youth supervision unit must be read as a reference to a youth justice unit; and

        (c)     a reference to a youth training centre must be read as a reference to a youth justice centre; and

        (d)     a reference to a youth training centre order must be read as a reference to a youth justice centre order.    

        25.     Registration of existing out of home carers

    (1)     An out of home care service must notify the Secretary in writing within one month after the commencement day of each person who on the commencement day—

        (a)         is approved by the out of home care service to act as a foster carer; or

        (b)     is employed or engaged by the out of home care service—

              (i)     as a carer for children; or

              (ii)     as a provider of services to children (within the meaning of section 74 of the new Act) at an out of home care residence managed by the service.

    (2)     A notice under this clause must include the prescribed information (if any).

    (3)     The Secretary must record in the register of out of home carers the required information in respect of each person of whom notice is given under this clause as if the notice was given under Division 2 of Part 3.4 of the new Act.

        26.     Review of child care agreements

    (1)     Despite anything to the contrary in section 139 of the new Act, that section applies in respect of a short-term child care agreement existing on the commencement day as if a reference in section 139(1)(a) to the end of the first 6 months of the agreement were a reference to the end of 12 months after the commencement day.

    (2)     Despite anything to the contrary in section 152 of the new Act, that section applies in respect of a long-term child care agreement existing on the commencement day as if a reference in section 152(1)(b) to the end of the first 6 months of the agreement were a reference to the end of 12 months after the commencement day.

        27.         Reporting of child-care agreements

    (1)         Despite section 159(a) of the new Act, a service provider existing on the commencement day in their first report under that section is required only to report on the number of child care agreements that the service provider has been a party to in the period since the commencement day.

    (2)         The Secretary must first publish the details required under section 160 of the new Act by the end of 12 months after the commencement day.

        28.     Stability plans

For the purposes of section 170 of the new Act, any period that a child is in out of home care before the commencement day is to be disregarded in calculating the required time for the preparation of a stability plan for that child.

        29.     Permanent care orders

If a child is in out of home care on the commencement day, section 319 of the new Act applies as if for sub-section (1)(a) there were substituted—

    "(a)         the child's parent or, if the child's parent has died, the child's surviving parent had not had the care of the child for—

              (i)         a period of at least 2 years commencing before the commencement day; or

              (ii)         for periods that total at least 2 of the last 3 years commencing before the commencement day; or

              (iii)         a period of at least 6 months commencing on the commencement day—

whichever period or total period ends first; and".

        30.         Child care agreements

    (1)         A child care agreement entered into under Division 1A of Part III of the Community Services Act 1970 and existing immediately before the commencement day is deemed to be a short-term child care agreement within the meaning of Part 3.5 of the new Act.

    (2)         A child care agreement entered into under Division 1B of Part III of the Community Services Act 1970 and existing immediately before the commencement day is deemed to be a long-term child care agreement within the meaning of Part 3.5 of the new Act.

    (3)         Part 3.5 of the new Act re-enacts with modifications Divisions 1A, 1B and 1C of Part III of the Community Services Act 1970 .