{"id":"commission-children-and-young-people-act-2012","name":"Commission for Children and Young People Act 2012","slug":"commission-for-children-and-young-people-act-2012","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173816,"registerId":"vic-commission-children-and-young-people-act-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commission for Children and Young People Act 2012","content":"Version No. 023\n\n**Commission for Children and Young People Act 2012**\n\n**No. 79 of 2012**\n\nVersion incorporating amendments as at  \n23 February 2026\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Child protection client 8\n\n5 Vulnerable children and young persons 8\n\nPart 2—Commission for Children and Young People 10\n\nDivision 1—The Commission 10\n\n6 Establishment of Commission 10\n\n7 Objective of Commission 10\n\n8 Functions of Commission 10\n\n9 Powers of Commission 12\n\n10 Functions of Principal Commissioner 12\n\nDivision 2—Principal Commissioner and additional Commissioners 12\n\n11 Appointment of Principal Commissioner 12\n\n12 Appointment of additional Commissioner 13\n\n13 Remuneration and allowances 13\n\n14 Terms and conditions of appointment 13\n\n15 Vacancy and resignation 14\n\n16 Removal from office 14\n\n17 Acting Principal Commissioner 15\n\n18 Acting Commissioner 15\n\n19 Application of Public Administration Act 2004 16\n\nDivision 3—General 16\n\n20 Delegation 16\n\n21 Staff 17\n\n22 Authorised persons 18\n\n23 Assistance to be provided 18\n\n23A Matter relating to monitoring role under Terrorism (Community Protection) Act 2003 to be included in annual report 19\n\nPart 4—Monitoring out of home care services 20\n\n28 Functions in relation to children in out of home care 20\n\n29 Assistance to be provided 20\n\n30 Access to records 20\n\nPart 4A—Assistance and advocacy for children and young persons 22\n\n30A Definition 22\n\n30B Commission's functions in relation to protected children or young persons 22\n\n30C Request for information by the Commission 23\n\n30D Avoiding unnecessary duplication 24\n\nPart 5—Inquiries 25\n\nDivision 1—Preliminary 25\n\n31 Object of inquiries 25\n\n32 Avoiding unnecessary duplication 25\n\n33 Police and coronial powers and functions not limited 25\n\nDivision 2—Inquiries concerning death of child protection clients 25\n\n34 Commission must conduct inquiry into death of child protection client 25\n\n35 Secretary must notify Commission of death of child protection client 26\n\n36 Date of death of child irrelevant 26\n\nDivision 3—Inquiries concerning children or young persons 26\n\n37 Commission may conduct inquiry concerning child or young person 26\n\n38 Minister may recommend inquiry 27\n\nDivision 4—Inquiries concerning provision of services 27\n\n39 Commission may conduct inquiry concerning provision of services 27\n\n40 Minister may recommend inquiry 28\n\nDivision 5—Conduct of inquiries 29\n\n41 Commission to notify Ministers of certain inquiries 29\n\n42 Access to information 29\n\n43 Disclosures by relevant professionals 30\n\n44 Disclosers protected 31\n\n45 Protection against self-incrimination 32\n\nDivision 6—Reporting to Ministers and the Secretary 32\n\n46 Commission must give report to Minister and Secretary 32\n\n47 Commission must give report to other Minister 32\n\n48 Commission must first give opportunity to respond to adverse comment or opinion 32\n\nDivision 7—Reporting to Parliament 33\n\n49 Application of Division 33\n\n50 Giving the report to Parliament 34\n\n51 Report containing identifying information must not be given to Parliament 35\n\n52 Commission may publish report on Internet 36\n\nDivision 8—Disclosing information to other authorities 36\n\n53 Disclosing information to other authorities 36\n\nPart 6—Confidentiality 38\n\n54 Definition 38\n\n55 Disclosure of information prohibited 38\n\n56 Disclosure to other relevant person permitted 39\n\n57 Disclosure to court or tribunal permitted 39\n\n58 Disclosure for purpose of obtaining legal advice permitted 39\n\n60 Disclosure of information to Ministers or Secretaries 40\n\n60A Disclosure of information by Secretary 40\n\nPart 7—General 41\n\n61 Mandatory notification of corrupt conduct to IBAC 41\n\n62 Regulations 41\n\nPart 8—Saving and transitional provisions 43\n\n63 Definitions 43\n\n64 General savings provisions 43\n\n65 Child Safety Commissioner abolished 43\n\n66 References to the Child Safety Commissioner 43\n\n67 Old child death inquiries 44\n\n68 New child death inquiries 44\n\n69 Old child safety inquiries 44\n\n70 Division 3 inquiries relating to provision of services before commencement day 45\n\n71 Confidentiality 45\n\n72 First annual report 46\n\n73 Transitional provision—Tabling of reports of certain inquiries under Division 3 46\n\nPart 9—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 48\n\n74 Continued protection of information acquired under reportable conduct scheme 48\n\n═══════════════\n\nEndnotes 49\n\n1 General information 49\n\n2 Table of Amendments 51\n\n3 Explanatory details 55\n\n**Version No.** **023**\n\n**Commission for Children and Young People Act 2012**\n\n**No. 79 of 2012**\n\nVersion incorporating amendments as at  \n23 February 2026\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to establish a Commission for Children and Young People; and\n\n(b) to provide for the functions, powers and duties of the Commission; and\n\n(c) to repeal and re-enact with amendments certain provisions of the **Child Wellbeing and Safety Act 2005**.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 April 2013, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***authorised person*** means a person authorised by the Commission under section 22;\n\nS. 3 def. of *central register* repealed by No. 8/2016 s. 23.\n\n ** * * * **\n\n***child*** means a person who is under the age of 18 years;\n\n***child protection client*** has the meaning given by section 4;\n\n***Commission*** means the Commission for Children and Young People established by section 6;\n\n***Commissioner*** means an additional Commissioner appointed under section 12;\n\nS. 3 def. of *community service* inserted by No. 61/2014 s. 155.\n\n***community service*** has the same meaning as it has in the **Children, Youth and Families Act 2005**;\n\n***corrupt conduct*** has the same meaning as it has in the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\nS. 3 def. of *Department of Justice* repealed by No. 34/2020 s. 184.\n\n ** * * * **\n\n***education professional*** means—\n\n(a) a person who is registered as a teacher under the **Education and Training Reform Act 2006** or has been granted permission to teach under that Act; or\n\n(b) the principal of a Government school or a non-Government school within the meaning of the **Education and Training Reform Act 2006**; or\n\n(c) a person who is employed or engaged to provide care or education to children by—\n\n(i) an education and care service within the meaning of the Education and Care Services National Law (Victoria); or\n\n(ii) a children's service within the meaning of the **Children's Services Act 1996**;\n\n***function*** includes a duty;\n\n***health professional*** means—\n\n(a) a medical practitioner; or\n\n(b) a nurse; or\n\n(c) a psychologist; or\n\n(d) a midwife;\n\nS. 3 def. of *health service* amended by Nos 63/2015 s. 14, 39/2022 s. 796.\n\n***health service*** means—\n\n(a) a relevant health service within the meaning of section 141 of the **Health Services Act 1988**; or\n\n(b) a mental health and wellbeing service provider within the meaning of the **Mental Health and Wellbeing Act 2022**; or\n\n(c) a Maternal and Child Health Centre; or\n\n(d) an entity that receives funding under a State contract to provide drug or alcohol treatment services;\n\nS. 3 def. of *human service* amended by No. 19/2019 s. 255(1).\n\n***human service*** means—\n\n(a) a children's service within the meaning of the **Children's Services Act 1996**; or\n\n(b) an education and care service within the meaning of the Education and Care Services National Law (Victoria); or\n\n(c) an entity that receives funding under a State contract to provide disability services to a person with a disability within the meaning of the **Disability Act 2006**; or\n\n(ca) a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or\n\n(d) an entity that receives funding under a State contract to provide services in relation to family violence or sexual assault; or\n\n(e) an entity that receives funding from the Secretary under a State contract to provide family support services; or\n\n(f) an entity that receives funding under a State contract to provide assistance in providing housing services or other assistance to homeless persons;\n\n***IBAC*** means the Independent Broad-based Anti‑corruption Commission established under the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\nS. 3 def. of *IBAC personnel* amended by No. 31/2024 s. 113(Sch. 1 item 3).\n\n***IBAC personnel*** has the same meaning as it has in the **Integrity Oversight Victoria Act 2011**;\n\n***Maternal and Child Health Centre*** means a centre where health advice is provided to parents and other caregivers of children under 6 years of age, including by outreach programs;\n\n***medical practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\n\n***midwife*** means a person registered under the Health Practitioner Regulation National Law—\n\n(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and\n\n(b) in the register of midwives kept for that profession;\n\n***nurse*** means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);\n\n***out of home care service*** has the same meaning as it has in the **Children, Youth and Families Act 2005**;\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 22.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***post-secondary qualification*** means a qualification from an institution, person or body providing or offering to provide (whether in or outside Victoria) post‑secondary education as defined in the **Education and Training Reform Act** **2006** (whether or not that institution, person or body has since ceased to exist) and includes a qualification from a post‑secondary education provider as defined in that Act;\n\n***primary family carer***, in relation to a child, means the child's parent or guardian, or another person, who has daily care and control of the child, whether or not that care involves custody of the child;\n\n***Principal Commissioner*** means the Principal Commissioner appointed under section 11;\n\n***psychologist*** means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);\n\nS. 3 def. of *registered community service* repealed by No. 17/2023 s. 56.\n\n ** * * * **\n\n***school*** has the same meaning as it has in the **Education and Training Reform Act 2006**;\n\nS. 3 def. of *Secretary* amended by No. 17/2023 s. 65(1).\n\n***Secretary*** means the Secretary to the Department of Families, Fairness and Housing established under the **Public Administration Act 2004**;\n\n***State contract*** means a contract entered into for or on behalf of the State;\n\n***vulnerable child or young person*** has the meaning given by section 5;\n\n***welfare practitioner*** means—\n\n(a) a person with a post-secondary qualification in youth, social or welfare work who works in the health, education, community or welfare services field in a capacity that requires that person to hold such a qualification; or\n\n(b) a person employed under Part 3 of the **Public Administration Act 2004** to perform the duties of a child, adolescent and family welfare officer; or\n\n(c) a person who is engaged in the provision of community or welfare services under a State contract;\n\n***youth justice centre*** has the same meaning as it has in the **Children, Youth and Families Act 2005**;\n\n***youth justice client*** means—\n\n(a) a person in respect of whom any of the following orders is in force—\n\n(i) a probation order under section 380 of the **Children, Youth and Families Act 2005**;\n\n(ii) a youth supervision order within the meaning of the **Children, Youth and Families Act 2005**;\n\n(iii) a youth attendance order within the meaning of the **Children, Youth and Families Act 2005**; or\n\n(b) a child who is detained awaiting—\n\n(i) trial; or\n\n(ii) the hearing of a charge; or\n\n(iii) sentence; or\n\n(c) a person who is detained—\n\n(i) in a youth justice centre; or\n\n(ii) in a youth residential centre; or\n\n(d) a child awaiting sentence in respect of whom a pre-sentence report has been ordered under—\n\n(i) section 414(2), 430I or section 571 of the **Children, Youth and Families Act 2005**; or\n\n(ii) Division 1A of Part 3 of the **Sentencing Act 1991**;\n\n***youth justice unit*** has the same meaning as it has in the **Children, Youth and Families Act 2005**;\n\n***youth residential centre*** has the same meaning as it has in the **Children, Youth and Families Act 2005**.\n\n\t4 Child protection client\n\nIn this Act, a person is a ***child protection client*** if—\n\n(a) he or she is the subject of a report under section 28, 33(2), 183 or 184 of the **Children, Youth and Families Act 2005**; and\n\nS. 4(b) amended by No. 8/2016 s. 24.\n\n(b) the Secretary has not recorded that the person's case is closed.\n\n\t5 Vulnerable children and young persons\n\nIn this Act, ***vulnerable child or young person*** includes—\n\n(a) a child or young person who is or was a child protection client;\n\n(b) a youth justice client;\n\n(c) a person attending a youth justice unit in accordance with an order of the Children's Court;\n\nS. 5(d)  amended by No. 17/2023 s. 57.\n\n(d) a child who is receiving or has received services from a community service;\n\nS. 5(e)  amended by No. 17/2023 s. 57.\n\n(e) a child whose primary family carer  is receiving or has received services from a community service;\n\n(f) a child who has died from abuse or neglect;\n\nS. 5(g)  amended by No. 61/2014 s. 156.\n\n(g) a person under the age of 21 years who is leaving, or who has left, the care of the Secretary to live independently.\n\n**Note**\n\nSee section 16(1)(g) of the **Children, Youth and Families Act 2005**.\n\nPart 2—Commission for Children and Young People\n\nDivision 1—The Commission\n\n\t6 Establishment of Commission\n\n(1) The Commission for Children and Young People is established.\n\n(2) The Commission is to be constituted by the Principal Commissioner.\n\n\t7 Objective of Commission\n\nThe objective of the Commission is to promote continuous improvement and innovation in—\n\n(a) policies and practices relating to the safety and wellbeing of—\n\n(i) vulnerable children and young persons; and\n\n(ii) children and young persons generally; and\n\n(b) the provision of out of home care services for children.\n\n\t8 Functions of Commission\n\n(1) The functions of the Commission are—\n\n(a) to provide advice to Ministers, Government Departments, health services and human services about policies, practices and the provision of services relating to the safety or wellbeing of vulnerable children and young persons; and\n\n(b) to promote the interests of vulnerable children and young persons in the Victorian community; and\n\n(c) to monitor and report to Ministers on the implementation and effectiveness of strategies relating to the safety or wellbeing of vulnerable children and young persons; and\n\n(d) to provide advice and recommendations to the Minister about child safety issues, at the request of the Minister; and\n\n(e) to promote child-friendly and child-safe practices in the Victorian community; and\n\nS. 8(1)(f)  repealed by No. 58/2025 s. 64.\n\n* * * * *\n\n(g) the functions relating to out of home care conferred by Part 4; and\n\nS. 8(1)(ga)  inserted by No. 17/2023 s. 38.\n\n(ga) the functions relating to assisting and advocating for children and young persons conferred by Part 4A; and\n\n(h) the functions relating to inquiries conferred by Part 5; and\n\n(i) any other functions conferred on the Commission by or under this Act or any other Act.\n\n(2) The Commission must act independently and impartially in performing its functions.\n\n(3) The Commission must, when performing a function in relation to a vulnerable child or young person, perform the function for the purpose of promoting the best interests of the child or person.\n\n\t9 Powers of Commission\n\nSubject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under—\n\n(a) this Act; or\n\n(b) any other Act; or\n\n(c) regulations made under this Act or any other Act.\n\n\t10 Functions of Principal Commissioner\n\n(1) The Principal Commissioner has—\n\n(a) all the functions and powers of the Commission; and\n\n(b) any other powers or functions conferred on the Principal Commissioner by or under this or any other Act.\n\n(2) Without limiting subsection (1), the Principal Commissioner may engage consultants, contractors or agents for or in connection with the performance of the Commission's functions.\n\n(3) All acts and things done by the Principal Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission.\n\nDivision 2—Principal Commissioner and additional Commissioners\n\n\t11 Appointment of Principal Commissioner\n\n(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as Principal Commissioner.\n\n(2) The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as Principal Commissioner because of his or her knowledge and experience.\n\n(3) The Principal Commissioner must be appointed on a full-time basis.\n\n\t12 Appointment of additional Commissioner\n\n(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as an additional Commissioner.\n\n(2) The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as a Commissioner because of his or her knowledge and experience.\n\n(3) A Commissioner may be appointed on a full-time or part-time basis.\n\n\t13 Remuneration and allowances\n\n(1) The Principal Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council.\n\n(2) A Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council.\n\n\t14 Terms and conditions of appointment\n\nSubject to this Division, the Principal Commissioner or a Commissioner—\n\n(a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and\n\n(b) is eligible for re-appointment; and\n\n(c) holds office on the terms and conditions determined by the Governor in Council.\n\n\t15 Vacancy and resignation\n\nThe Principal Commissioner or a Commissioner ceases to hold office if he or she—\n\n(a) resigns by notice delivered to the Minister; or\n\n(b) becomes an insolvent under administration; or\n\n(c) is convicted of—\n\n(i) an indictable offence; or\n\n(ii) an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or\n\n(e) is removed from office under section 16.\n\n\t16 Removal from office\n\nThe Governor in Council may, at any time, remove the Principal Commissioner or a Commissioner from office on any of the following grounds—\n\n(a) misconduct;\n\n(b) neglect of duty;\n\n(c) inability to perform the duties of his or her office;\n\n(d) engagement (whether direct or indirect) in any paid employment outside the duties of his or her office;\n\n(e) any other ground on which the Governor in Council is satisfied that the Principal Commissioner or the Commissioner is unfit to hold his or her office.\n\n\t17 Acting Principal Commissioner\n\n(1) The Governor in Council may appoint a person as Acting Principal Commissioner during any period when—\n\n(a) the office of Principal Commissioner is vacant; or\n\n(b) the Principal Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.\n\n(2) An Acting Principal Commissioner has all the powers and may perform any of the functions of the Principal Commissioner.\n\n(3) An Acting Principal Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.\n\n(4) An Acting Principal Commissioner holds office on the terms and conditions determined by the Governor in Council.\n\n(5) The Governor in Council may revoke an appointment under subsection (1) at any time.\n\n\t18 Acting Commissioner\n\n(1) The Governor in Council may appoint a person as an Acting Commissioner during any period when—\n\n(a) the office of a Commissioner is vacant; or\n\n(b) a Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.\n\n(2) An Acting Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.\n\n(3) An Acting Commissioner holds office on the terms and conditions determined by the Governor in Council.\n\n(4) The Governor in Council may revoke an appointment under subsection (1) at any time.\n\n\t19 Application of Public Administration Act 2004\n\n(1) The **Public Administration Act 2004** does not apply to the Principal Commissioner in respect of his or her office except as provided in section 16 of that Act.\n\n(2) The **Public Administration Act 2004** does not apply to a Commissioner in respect of his or her office.\n\nDivision 3—General\n\n\t20 Delegation\n\n(1) The Commission may by instrument delegate any power or function of the Commission under this or any other Act to a Commissioner (other than a power or function specified in subsection (3)).\n\n(2) The Commission may by instrument delegate any power or function of the Commission under this or any other Act (other than a power or function specified in subsection (3)) to a member of staff employed under section 21.\n\n(3) The following functions and powers of the Commission are not delegable—\n\n(a) the power to decide whether to conduct an inquiry under Part 5;\n\nS. 20(3)(ab) inserted by No. 4/2017 s. 10(a), repealed by No. 58/2025 s. 65(b).\n\n* * * * *\n\nS. 20(3)(b) amended by Nos 63/2016 s. 9, 58/2025 s. 65(a).\n\n(b) the power to give a report to Parliament under section 50;\n\nS. 20(3)(ba) inserted by No. 4/2017 s. 10(b), repealed by No. 58/2025 s. 65(b).\n\n* * * * *\n\n(c) the power to publish a report on an appropriate Internet site under section 52;\n\nS. 20(3)(ca) inserted by No. 32/2024 s. 789.\n\n(ca) the power to decide whether to prepare a report under section 85(1) of the **Youth Justice Act 2024**;\n\nS. 20(3)(cb) inserted by No. 32/2024 s. 789.\n\n(cb) the power to provide a report to the Parliament under section 85(3)(a) of the **Youth Justice Act 2024**;\n\nS. 20(3)(cc) inserted by No. 32/2024 s. 789.\n\n(cc) the power to publish a report on an appropriate Internet site under section 88(1) of the **Youth Justice Act 2024**;\n\n(d) a power of delegation under this section.\n\n\t21 Staff\n\n(1) There may be employed under the **Public Administration Act 2004** any employees that are necessary to assist the Commission in performing its functions.\n\n(2) The Principal Commissioner may enter into agreements or arrangements for the use by the Commission of the services of any staff of a Department, statutory authority or other public body.\n\n\t22 Authorised persons\n\nS. 22(1) substituted by No. 63/2016 s. 10(1), amended by Nos 4/2017 s. 10(c), 58/2025 s. 66(1).\n\n(1) The Commission, by instrument, may authorise any person to assist the Commission in performing its functions.\n\n(2) An authorisation may be general or limited to specified functions.\n\n(3) The Commission must not authorise a person under this section unless the Commission is satisfied that the person is appropriately qualified or has successfully completed appropriate training.\n\nS. 22(4) inserted by No. 63/2016 s. 10(2), amended by No. 4/2017 s. 10(d)(e), repealed by No. 58/2025 s. 66(2).\n\n* * * * *\n\n\t23 Assistance to be provided\n\nThe Secretary must ensure that the Commission or an authorised person is provided with any assistance in connection with the reasonable performance of the Commission's functions that the Commission or the authorised person reasonably requires.\n\nS. 23A inserted by No. 32/2018 s. 134\n\n\t23A Matter relating to monitoring role under Terrorism (Community Protection) Act 2003 to be included in annual report\n\nThe Commission must include the following matter in its annual report of operations under Part 7 of the **Financial Management Act 1994**—\n\n(a) the number of times the Commission has performed its function under section 4O(a) of the **Terrorism (Community Protection) Act 2003** in the financial year to which the report relates;\n\n(b) any general observations or conclusions that the Commission may want to include in the report in relation to the performance of its function under section 4O(a) of the **Terrorism (Community Protection) Act 2003** in the financial year to which the report relates.\n\nPt 3 (Heading and ss 24–27) amended by Nos 63/2016 s. 11, 34/2020 ss 185–188, repealed by No. 58/2025 s. 67(1).\n\n* * * * *\n\nPart 4—Monitoring out of home care services\n\n\t28 Functions in relation to children in out of home care\n\nThe Commission has the following functions in relation to out of home care services for children, and in relation to children in out of home care—\n\n(a) to promote the provision of out of home care services that encourage the active participation of those children in the making of decisions that affect them;\n\n(b) to advise the Minister and the Secretary on the performance of out of home care services;\n\n(c) at the request of the Minister, to investigate and report on an out of home care service.\n\n\t29 Assistance to be provided\n\nA person in charge of an out of home care service must ensure that the Commission or an authorised person is provided with any assistance in connection with the reasonable performance of the Commission's functions under this Part that the Commission or the authorised person reasonably requires.\n\n\t30 Access to records\n\n(1) This section applies if the Commission is investigating an out of home care service at the request of the Minister.\n\n(2) The Commission and an authorised person may have, and must be given, access to—\n\nS. 30(2)(a) repealed by No. 8/2016 s. 25(1)(a).\n\n* * * * *\n\nS. 30(2)(b) amended by No. 8/2016 s. 25(1)(b).\n\n(b) any information, documents or records held in or by the Department relating to—\n\n(i) the out of home care service; or\n\n(ii) any child in out of home care to whom the out of home care service provides services.\n\nS. 30(3) amended by No. 8/2016 s. 25(2).\n\n(3) The Commission and an authorised person may have, and must be given, access to any documents or records held by the out of home care service relating to—\n\n(a) the operation of the service; or\n\n(b) any child to whom the out of home care service provides services.\n\nPt 4A (Heading and ss 30A–30D) inserted by No. 17/2023 s. 39.\n\nPart 4A—Assistance and advocacy for children and young persons\n\nS. 30A inserted by No. 17/2023 s. 39.\n\n\t30A Definition\n\nIn this Part—\n\n***protected child or young person*** means—\n\n(a) a child protection client or a child or young person who within the previous 6 months was a child protection client; or\n\n(b) a child or young person in the care of an out of home care service or a child or young person who within the previous 6 months was in the care of an out of home care service; or\n\n(c) a child or young person under the age of 21 years for whom the Secretary has had parental responsibility under the **Children, Youth and Families Act 2005** and who is of an age, or intends, to live independently.\n\nS. 30B inserted by No. 17/2023 s. 39.\n\n\t30B Commission's functions in relation to protected children or young persons\n\n(1) The Commission may provide advice, information and support to a protected child or young person.\n\n(2) The Commission may advocate for the safety, welfare, wellbeing and human rights of a protected child or young person by—\n\n(a) seeking assistance from a department, institution, welfare organisation or service provider; and\n\n(b) making representations on behalf of the child or young person to a department, institution, welfare organisation or service provider.\n\n(3) The Commission may perform a function under subsection (2) if requested to do so by the protected child or young person, whether directly or indirectly.\n\n(4) In this section—\n\n***human right*** means a human right protected by the **Charter of Human Rights and Responsibilities Act 2006**.\n\nS. 30C inserted by No. 17/2023 s. 39.\n\n\t30C Request for information by the Commission\n\n(1) The Commission may request the Secretary to the Department of Families, Fairness and Housing or an out of home care service to provide information, documents or records held by the Secretary or out of home care service that are reasonably required for the performance of the Commission's functions under section 30B(1) and (2).\n\n(2) The Secretary or out of home care service may disclose information, documents or records to the Commission in accordance with the request, if the Secretary or out of home care service considers it is reasonably necessary for the performance of the Commission's functions under section 30B(1) and (2).\n\n(3) As soon as reasonably practicable after receiving the request, the Secretary or out of home care service must—\n\n(a) if subsection (2) applies, provide the information, document or record that is the subject of the request; or\n\n(b) otherwise, advise that the requested information, document or record will not be provided.\n\nS. 30D inserted by No. 17/2023 s. 39.\n\n\t30D Avoiding unnecessary duplication\n\nIf the Commission becomes aware that a protected child or young person has sought assistance from any other entity, the Commission when performing functions under section 30B must liaise with the other entity to—\n\n(a) avoid unnecessary duplication of assistance being provided to the protected child or young person; and\n\n(b) facilitate the coordination and expedition of that assistance.\n\n\tPart 5—Inquiries\n\nDivision 1—Preliminary\n\n\t31 Object of inquiries\n\nThe object of an inquiry under this Part is to promote continuous improvement and innovation in policies and practices relating to child protection and the safety and wellbeing of—\n\n(a) vulnerable children and young persons; and\n\n(b) children and young persons generally.\n\n\t32 Avoiding unnecessary duplication\n\nIt is the intention of Parliament that the Commission should liaise with other investigative authorities, official bodies and statutory officers—\n\n(a) to avoid unnecessary duplication of inquiries; and\n\n(b) to facilitate the coordination and expedition of inquiries that are to be separately conducted by different authorities, bodies or officers.\n\nS. 33 amended by No. 37/2014 s. 10(Sch. item 22.2).\n\n\t33 Police and coronial powers and functions not limited\n\nNothing in this Part is intended to limit or affect any power or function of a coroner or a police officer to investigate the death of a child.\n\nDivision 2—Inquiries concerning death of child protection clients\n\n\t34 Commission must conduct inquiry into death of child protection client\n\n(1) The Commission must conduct an inquiry in relation to a child who has died and who was a child protection client—\n\n(a) at the time of his or her death; or\n\n(b) within 12 months before his or her death.\n\n(2) The inquiry must relate to the services provided, or omitted to be provided, to the child before his or her death.\n\n\t35 Secretary must notify Commission of death of child protection client\n\nThe Secretary must advise the Commission of a death referred to in section 34 if the Secretary is aware of that death.\n\n\t36 Date of death of child irrelevant\n\nThis Division applies to the death of a child whether that death occurred before, on or after the day on which this section comes into operation.\n\nDivision 3—Inquiries concerning children or young persons\n\n\t37 Commission may conduct inquiry concerning child or young person\n\n(1) The Commission may, if it considers that it is appropriate to do so, conduct an inquiry in relation to a matter relating to the safety or wellbeing of—\n\n(a) a vulnerable child or young person; or\n\n(b) a group of vulnerable children or young persons.\n\n(2) The inquiry must relate to the services provided, or omitted to be provided, to or in relation to—\n\n(a) the vulnerable child or young person who is the subject of the inquiry; or\n\n(b) the group of vulnerable children or young persons who are the subject of the inquiry.\n\n(3) The inquiry may relate to a vulnerable child or young person who has died.\n\n\t38 Minister may recommend inquiry\n\n(1) The Minister may recommend that the Commission conduct an inquiry under this Division.\n\n(2) The Commission must determine, in accordance with section 37, whether or not it will conduct the inquiry.\n\n(3) If the Commission determines not to conduct an inquiry as recommended by the Minister, the Commission must give the Minister a statement of the reasons for making that determination as soon as practicable.\n\nDivision 4—Inquiries concerning provision of services\n\n\t39 Commission may conduct inquiry concerning provision of services\n\n(1) The Commission may conduct an inquiry in relation to the provision of services if the Commission—\n\n(a) identifies a persistent or recurring systemic issue in the provision of those services; and\n\n(b) considers that a review of those services will assist in the improvement of the provision of those services; and\n\n(c) considers that the inquiry can be conducted within the resources of the Commission.\n\nS. 39(2)  substituted by No. 61/2014 s. 157.\n\n(2) The inquiry must relate to—\n\n(a) services provided, or omitted to be provided, by a community service, health service, human service or school; or\n\n(b) child protection services or youth justice services provided, or omitted to be provided, by the Secretary—\n\nto or in relation to—\n\n(c) a vulnerable child or young person; or\n\n(d) a group of vulnerable children or young persons; or\n\n(e) a child, if those services deal with matters affecting his or her safety or wellbeing; or\n\n(f) a group of children, if those services deal with matters affecting their safety or wellbeing; or\n\n(g) a primary family carer, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of his or her child; or\n\n(h) a group of primary family carers, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of those carers' children.\n\n(3) The Commission must not conduct an inquiry under this Division into the appropriateness or otherwise of the clinical decision-making of a registered health practitioner.\n\n(4) In subsection (3), ***registered health practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);\n\n\t40 Minister may recommend inquiry\n\n(1) The Minister may recommend that the Commission conduct an inquiry under this Division.\n\n(2) The Commission must determine, in accordance with section 39, whether or not it will conduct the inquiry.\n\n(3) If the Commission determines not to conduct an inquiry as recommended by the Minister, the Commission must give the Minister a statement of the reasons for making that determination as soon as practicable.\n\nDivision 5—Conduct of inquiries\n\n\t41 Commission to notify Ministers of certain inquiries\n\nBefore conducting an inquiry under Division 3 or 4, the Commission must notify—\n\n(a) the Minister; and\n\n(b) if the Commission considers that the inquiry may involve consideration of a matter that is the responsibility of another Minister—that other Minister.\n\n\t42 Access to information\n\n(1) For the purposes of an inquiry under this Part, the Commission or an authorised person may have, and must be given, access to any of the following that the Commission or authorised person reasonably requires—\n\nS. 42(1)(a) repealed by No. 8/2016 s. 26(1).\n\n* * * * *\n\nS. 42(1)(b) substituted by No. 8/2016 s. 26(2).\n\n(b) information, documents or records in relation to any person or service that is the subject of the inquiry held in or by—\n\n(i) the Department of Education and Training; or\n\nS. 42(1)(b)(ii) amended by No. 17/2023 s. 65(2).\n\n(ii) the Department of Families, Fairness and Housing; or\n\nS. 42(1)(b)(iii) amended by No. 34/2020 s. 189.\n\n(iii) the Department of Justice and Community Safety;\n\n(c) other information, documents or records in relation to any person or service that is the subject of the inquiry held in or by—\n\nS. 42(1)(c)(i) amended by No. 17/2023 s. 58.\n\n(i) a community service; or\n\n(ii) a health service; or\n\n(iii) a human service; or\n\n(iv) a school.\n\nS. 42(2) amended by No. 17/2023 s. 58.\n\n(2) The person in charge of a community service, health service or human service must provide the access to information, documents or records held by that service.\n\n(3) The principal of a school must provide the access to information, documents or records held by that school.\n\nS. 42(4) inserted by No. 8/2016 s. 26(3).\n\n(4) This section applies despite anything to the contrary in the **Children, Youth and Families Act 2005**.\n\n\t43 Disclosures by relevant professionals\n\n(1) The Commission or an authorised person may request a relevant professional to provide any information that the Commission or authorised person reasonably requires in relation to any person or service that is the subject of the inquiry.\n\n(2) A relevant professional may disclose to the Commission or an authorised person any information that relates to any person or service that is the subject of the inquiry.\n\n(3) A relevant professional must have regard to the following matters in determining whether to disclose information under subsection (2)—\n\n(a) the object of an inquiry under this Part, as set out in section 31;\n\n(b) the public interest in ensuring that—\n\n(i) child protection systems are effective; and\n\n(ii) the Commission can conduct effective inquiries under this Part.\n\n(4) In this section, ***relevant professional*** means—\n\n(a) a health professional; or\n\n(b) a welfare practitioner; or\n\n(c) an education professional.\n\n\t44 Disclosers protected\n\nA disclosure of information made under section 42 or 43 in good faith—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is made; and\n\n(b) does not make the person by whom it is made subject to any liability in respect of it; and\n\n(c) without limiting paragraphs (a) and (b), does not constitute a contravention of—\n\n(i) section 141 of the **Health Services Act 1988**; or\n\nS. 44(c)(ii) substituted by No. 63/2016 s. 12, amended by No. 39/2022 s. 797.\n\n(ii) section 730 of the **Mental Health and Wellbeing Act 2022**.\n\n\t45 Protection against self-incrimination\n\nIt is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under section 42, or requested to do under section 43, if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\nDivision 6—Reporting to Ministers and the Secretary\n\n\t46 Commission must give report to Minister and Secretary\n\nOn completing an inquiry under this Part, the Commission must give a report of the inquiry to the Minister and the Secretary in accordance with this Division.\n\n\t47 Commission must give report to other Minister\n\nThe Commission must also give a copy of the report to a Minister if the report considers a matter that is the responsibility of that Minister.\n\nS. 48  substituted by No. 61/2014 s. 158.\n\n\t48 Commission must first give opportunity to respond to adverse comment or opinion\n\n(1) Despite any other provision of this Part, the Commission must not give a report of an inquiry to a Minister or the Secretary if—\n\n(a) the report includes any comment or opinion that is adverse to any person; and\n\n(b) the Commission has not given the person an opportunity to comment on the adverse comment or opinion.\n\n(2) Despite any other provision in this Part, the Commission must not give a report of an inquiry to a Minister or the Secretary if—\n\n(a) the report includes any comment or opinion that is adverse to—\n\n(i) a community service; or\n\n(ii) a health service; or\n\n(iii) a human service; or\n\n(iv) a school; or\n\n(v) child protection services or youth justice services provided, or omitted to be provided by the Secretary; and\n\n(b) the Commission has not given the following an opportunity to comment on the adverse comment or opinion—\n\n(i) the person in charge of the community service, health service or human service; or\n\n(ii) the principal of the school; or\n\n(iii) the Secretary, in relation to the child protection services or youth justice services.\n\nDivision 7—Reporting to Parliament\n\n\t49 Application of Division\n\nThis Division applies if—\n\n(a) the Commission has conducted an inquiry under Division 4 other than on the recommendation of the Minister; and\n\n(b) the Commission has given the report of the inquiry, or a copy of the report, to the following persons in accordance with Division 6—\n\n(i) the Minister;\n\n(ii) the Secretary;\n\n(iii) any other Minister to whom the Commission must give the report in accordance with section 47; and\n\n(c) at least 14 days have elapsed since the persons referred to in paragraph (b) were given the report or a copy of the report.\n\nNote to s. 49  amended by No. 61/2014 s. 159.\n\n**Note**\n\nSection 48 prohibits the Commission from giving the report to a Minister or the Secretary under Division 6 unless the Commission has given an opportunity for comment to any person in relation to whom the report contains any adverse comment or opinion.\n\n\t50 Giving the report to Parliament\n\n(1) The Commission may give a copy of the report to the clerk of each House of the Parliament.\n\n(2) The clerk of each House of the Parliament must cause the report to be laid before the House on—\n\n(a) the day on which it is received; or\n\n(b) the next sitting day of the House.\n\n(3) If the Commission proposes to give the report to Parliament when neither House of the Parliament is sitting, the Commission must—\n\n(a) give one business day's notice of his or her intention to do so to the clerk of each House of the Parliament; and\n\n(b) give the copy of the report to the clerk of each House on the day indicated in the notice; and\n\n(c) cause the report to be published by the Government Printer.\n\n(4) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (3)(a) on the same day that the clerk receives the notice.\n\n(5) On receiving a copy of the report under subsection (3)(b), the clerk of a House of the Parliament must—\n\n(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and\n\n(b) give a copy of the report to any member of the House on request; and\n\n(c) cause the copy of the report to be laid before the House on the next sitting day of the House.\n\n(6) A copy of a report that is given to the clerk of a House of the Parliament under subsection (1) or (3)(b) is taken to have been published by order, or under the authority, of that House.\n\n\t51 Report containing identifying information must not be given to Parliament\n\nThe Commission must not give a copy of the report to the Parliament under section 50 if the report contains—\n\n(a) information that identifies—\n\n(i) a child, young person or primary family carer to whom, or in relation to whom, the services that are the subject of the inquiry were provided; or\n\n(ii) a member of the family of a child or young person to whom, or in relation to whom, the services that are the subject of the inquiry were provided; or\n\n(b) information from which the identity of a person referred to in paragraph (a) can be obtained.\n\n\t52 Commission may publish report on Internet\n\n(1) The Commission may publish, on an appropriate Internet site, a copy of a report that the Commission gave to the Parliament in accordance with section 50.\n\n(2) The publication of a report by the Commission under this section is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.\n\nDivision 8—Disclosing information to other authorities\n\n\t53 Disclosing information to other authorities\n\n(1) Subject to subsection (2), the Commission may disclose to the following persons any information that is acquired by the Commission or an authorised person in performing functions under this Part—\n\n(a) the Ombudsman;\n\n(b) the IBAC;\n\n(c) a coroner;\n\n(d) the Disability Services Commissioner within the meaning of the **Disability Act 2006**;\n\nS. 53(1)(da) inserted by No. 19/2019 s. 255(2).\n\n(da) the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\nS. 53(1)(e) substituted by No. 22/2016 s. 163.\n\n(e) the Health Complaints Commissioner within the meaning of the **Health Complaints Act 2016**;\n\nS. 53(1)(f) amended by No. 26/2014 s. 455(Sch. item 3.1), substituted by Nos 60/2014 s. 140(Sch. 3 item 7), 20/2017 s. 134(Sch. 1 item 3).\n\n(f) the Information Commissioner appointed under the **Freedom of Information Act 1982** in the Information Commissioner's capacity under the **Privacy and Data Protection Act 2014**;\n\nS. 53(1)(g) inserted by No. 26/2014 s. 455(Sch. item 3.2), amended by No. 39/2022 s. 798 (as amended by No. 20/2023 s. 49(2)).\n\n(g) the Mental Health and Wellbeing Commission within the meaning of the **Mental Health and Wellbeing Act 2022**.\n\n(2) The Commission must not disclose information to a person under subsection (1) unless the information is relevant to the performance of a function conferred on the person under an Act.\n\nPart 6—Confidentiality\n\n\t54 Definition\n\nIn this Part—\n\nS. 54 def. of *protected information* amended by No. 63/2016 s. 13(1), substituted by Nos 4/2017 s. 10(f), 32/2024 s. 790, amended by No. 58/2025 s. 67(2).\n\n***protected information*** means information acquired by a relevant person by reason of being a relevant person under—\n\n(a) this Act; or\n\n* * * * *\n\n(c) Chapter 3 of the **Youth Justice Act 2024**;\n\nS. 54 def. of *relevant person* amended by No. 4/2017 s. 10(g).\n\n***relevant person*** means—\n\n(aa) the Principal Commissioner;\n\n(a) a Commissioner; or\n\n(b) a delegate of the Commission; or\n\n(c) an authorised person; or\n\n(d) a member of the staff of the Commission.\n\n\t55 Disclosure of information prohibited\n\nA person who is or has been a relevant person must not disclose to any other person, whether directly or indirectly, any protected information except to the extent necessary to—\n\nS. 55(a) amended by No. 63/2016 s. 13(2).\n\n(a) perform functions or exercise powers under this Act or under any other Act; or\n\nS. 55(b) amended by No. 4/2017 s. 10(h).\n\n(b) give information that he or she is expressly authorised, permitted or required to give under this Act or under any other Act.\n\nPenalty: 60 penalty units.\n\nNote to s. 55 inserted by No. 23/2017 s. 33.\n\n**Note**\n\nSee also Part 5A of the **Family Violence Protection Act 2008** in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.\n\nS. 56 amended by No. 63/2016 s. 13(2).\n\n\t56 Disclosure to other relevant person permitted\n\nA relevant person may disclose protected information to another relevant person in connection with the performance of the Commission's functions or the exercise of the Commission's powers under this Act or under any other Act.\n\n\t57 Disclosure to court or tribunal permitted\n\nA person who is or has been a relevant person may disclose protected information—\n\n(a) to a court or tribunal in the course of criminal legal proceedings; or\n\n(b) in accordance with an order of a court or tribunal made under another Act or law.\n\n\t58 Disclosure for purpose of obtaining legal advice permitted\n\nA person who is or has been a relevant person may disclose protected information to an Australian legal practitioner for the purpose of obtaining legal advice or representation.\n\nS. 59 amended by No. 34/2020 s. 190, repealed by No. 58/2025 s. 67(3).\n\n* * * * *\n\nS. 60 (Heading) amended by No. 32/2024 s. 791(1).\n\nS. 60 amended by Nos 4/2017 s. 10(i), 32/2024 s. 791(2) (ILA s. 39B(1)).\n\n\t60 Disclosure of information to Ministers or Secretaries\n\n(1) The Commission may disclose to the Minister or the Secretary any information acquired by the Commission in performing its functions and exercising its powers under this Act or under any other Act.\n\nS. 60(2) inserted by No. 32/2024 s. 791(2).\n\n(2) In addition to subsection (1), the Commission may disclose to the following persons any information acquired by the Commission in performing its functions and exercising its powers under Chapter 3 of the **Youth Justice Act 2024**—\n\n(a) the Attorney-General;\n\n(b) the Minister administering the **Youth Justice Act 2024**;\n\n(c) the Minister administering the **Victoria Police Act 2013**;\n\n(d) the Secretary to the Department of Justice and Community Safety.\n\nS. 60A inserted by No. 8/2016 s. 27.\n\n\t60A Disclosure of information by Secretary\n\nThe Secretary must disclose to the Commission any information about an adverse event relating to a child in out of home care or a person detained in a youth justice centre or a youth residential centre if the information is relevant to the Commission's functions.\n\nPart 7—General\n\n\t61 Mandatory notification of corrupt conduct to IBAC\n\nS. 61(1) substituted by No. 30/2016 s. 78(1).\n\n(1) Subject to any exemption notice issued under section 57B of the **Independent Broad‑based Anti-corruption Commission Act 2011**, the Commission must notify the IBAC of any matter that the Commission suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Commission becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.\n\n(2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel.\n\nS. 61(3) amended by No. 30/2016 s. 78(2).\n\n(3) This section does not apply to a matter that is the subject of a complaint or notification referred to the Commission by the IBAC under section 73 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nS. 61(4) amended by No. 30/2016 s. 78(3).\n\n(4) If the Commission considers at any time that a complaint or notification described in subsection (3) appears to involve conduct that is corrupt conduct, the Commission must inform the IBAC.\n\n\t62 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body.\n\nPart 8—Saving and transitional provisions\n\n\t63 Definitions\n\nIn this Part—\n\n***Child Safety Commissioner*** has the same meaning as it had in the old Act;\n\n***commencement day*** means the day on which this Part comes into operation;\n\n***old Act*** means the **Child Wellbeing and Safety Act 2005** as in force immediately before the commencement day.\n\n\t64 General savings provisions\n\n(1) This Part does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n(2) If a repealed provision of the **Child Wellbeing and Safety Act 2005** continues to apply by force of this Part, any other repealed provisions of that Act necessary to give effect to that continued provision also continue to apply.\n\n(3) This Part applies despite anything to the contrary in any other provision of this Act.\n\n\t65 Child Safety Commissioner abolished\n\nOn the commencement day, the office of Child Safety Commissioner is abolished and the Child Safety Commissioner goes out of office.\n\n\t66 References to the Child Safety Commissioner\n\nOn the commencement day any reference to the Child Safety Commissioner in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject matter, be construed as a reference to the Commission.\n\n\t67 Old child death inquiries\n\nIf, immediately before the commencement day, the Child Safety Commissioner was conducting an inquiry under section 33 of the old Act, on and from the commencement day—\n\n(a) Division 4 of Part 6 of the old Act continues to apply to that inquiry despite its repeal; and\n\n(b) that Division applies as if a reference in that Division to the Child Safety Commissioner were a reference to the Commission.\n\n\t68 New child death inquiries\n\n(1) The Commission is not required to conduct an inquiry under section 34 in relation to a child if an inquiry under section 33 of the old Act was conducted in relation to that child.\n\n(2) The Secretary is not required, under section 35, to advise the Commission of a death referred to in section 34 if the Secretary advised the Child Safety Commissioner of that death in accordance with section 33(4) of the old Act.\n\n(3) Section 34 applies in relation to a child whose death was the subject of advice given to the Child Safety Commissioner by the Secretary in accordance with section 33(4) of the old Act if, immediately before the commencement day, the Child Safety Commissioner had not commenced an inquiry in relation to that child under section 33 of the old Act.\n\n\t69 Old child safety inquiries\n\n(1) If the Minister made a recommendation under section 33A(1) of the old Act before the commencement day and the Child Safety Commissioner had not commenced an inquiry in relation to that recommendation before that day, then on and from that day—\n\n(a) Division 4 of Part 6 of the old Act continues to apply to that recommendation despite its repeal; and\n\n(b) that Division applies as if a reference in that Division to the Child Safety Commissioner were a reference to the Commission.\n\n(2) If, immediately before the commencement day, the Child Safety Commissioner was conducting an inquiry under section 33A of the old Act, on and from the commencement day—\n\n(a) Division 4 of Part 6 of the old Act continues to apply to that inquiry despite its repeal; and\n\n(b) that Division applies as if a reference in that Division to the Child Safety Commissioner were a reference to the Commission.\n\n\t70 Division 3 inquiries relating to provision of services before commencement day\n\nThe Commission must not conduct an inquiry under Division 3 of Part 5 in relation to services provided, or omitted to be provided, before the commencement day unless the Commission considers that the inquiry will assist in the improvement of the provision of those services.\n\n\t71 Confidentiality\n\n(1) A reference in Part 6 to protected information includes a reference to—\n\n(a) information acquired under Division 2 of Part 6 of the old Act; and\n\n(b) information acquired by reason of being a relevant person within the meaning of section 40 of the old Act if that information will or may identify a person who is or has been—\n\n(i) a child in out of home care; or\n\n(ii) a child who is or whose death is the subject of an inquiry under Division 4 of Part 6 of the old Act; or\n\n(iii) a family member of a person referred to in subparagraph (i) or (ii).\n\n(2) A reference in Part 6 to a relevant person includes a reference to a relevant person within the meaning of section 40 of the old Act.\n\n(3) A reference in Part 6 to this Act includes a reference to the old Act.\n\n\t72 First annual report\n\nThe Commission must include in its first report of operations under Part 7 of the **Financial Management Act 1994** a report on the operation of Part 6 of the old Act between 1 July 2012 and the commencement day.\n\nNew s. 73  inserted by No. 61/2014 s. 160.\n\n\t73 Transitional provision—Tabling of reports of certain inquiries under Division 3\n\n(1) Division 7 of Part 5 applies to the report of an inquiry under Division 3 of that Part as if it were a report of an inquiry under Division 4 of that Part if—\n\n(a) the Commission had commenced the inquiry before the commencement day, other than on the recommendation of the Minister; and\n\n(b) the inquiry is in relation to—\n\n(i) services provided, or omitted to be provided, by a community service; or\n\n(ii) child protection services or youth justice services provided, or omitted to be provided, by the Secretary; and\n\n(c) the inquiry could have been undertaken under Division 4 of that Part if it had commenced after the commencement day.\n\n(2) In this section—\n\n***commencement day*** means the day on which Part 9 of the **Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014** comes into operation.\n\nPt 9 (Heading and ss 73−84) repealed by No. 79/2012 s. 84, new Pt 9 (Heading and new s. 74) inserted by No. 58/2025 s. 68.\n\nPart 9—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025\n\nNew s. 74 inserted by No. 58/2025 s. 68.\n\n\t74 Continued protection of information acquired under reportable conduct scheme\n\n(1) Despite the commencement of section 68(2) of the amending Act, section 55 continues to apply on and after the commencement day in respect of information acquired under Part 5A of the **Child Wellbeing and Safety Act 2005** by a relevant person within the meaning of section 54 as in force immediately before the commencement day.\n\n(2) In this section—\n\n***amending Act*** means the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**;\n\n***commencement day*** means the day on which Part 3.1 of the amending Act comes into operation.\n\n* * * * *\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 13 November 2012*\n\n *Legislative Council: 29 November 2012*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish the Commission for Children and Young People and for other purposes.\"\n\nThe **Commission for Children and Young People Act 2012** was assented to on 18 December 2012 and comes into operation on 1 March 2013: Special Gazette (No. 27) 29 January 2013 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Commission for Children and Young People Act 2012** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Commission for Children and Young People Act 2012, No. 79/2012**\n\n| *Assent Date:* | 18.12.12 |\n| --- | --- |\n| *Commencement Date:* | S. 84 on 1.4.14: s. 84 |\n| *Current State:* | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Mental Health Act 2014, No. 26/2014**\n\n| *Assent Date:* | 8.4.14 |\n| --- | --- |\n| *Commencement Date:* | S. 455(Sch. item 3) on 1.7.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 22) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| *Assent Date:* | 2.9.14 |\n| --- | --- |\n| *Commencement Date:* | S. 140(Sch. 3 item 7) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014**\n\n| *Assent Date:* | 9.9.14 |\n| --- | --- |\n| *Commencement Date:* | Ss 155–160 on 10.9.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015, No. 63/2015**\n\n| Assent Date: | 1.12.15 |\n| --- | --- |\n| Commencement Date: | S. 14 on 1.1.16: Special Gazette (No. 426) 22.12.15 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Children Legislation Amendment Act 2016, No. 8/2016**\n\n| Assent Date: | 15.3.16 |\n| --- | --- |\n| Commencement Date: | Ss 23–27 on 16.3.16: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Health Complaints Act 2016, No. 22/2016**\n\n| Assent Date: | 3.5.16 |\n| --- | --- |\n| Commencement Date: | S. 163 on 1.2.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016**\n\n| Assent Date: | 31.5.16 |\n| --- | --- |\n| Commencement Date: | S. 78(2)(3) on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 78(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016, No. 63/2016**\n\n| Assent Date: | 15.11.16 |\n| --- | --- |\n| Commencement Date: | Ss 9–13 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017**\n\n| Assent Date: | 28.2.17 |\n| --- | --- |\n| Commencement Date: | S. 10 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017**\n\n| Assent Date: | 16.5.17 |\n| --- | --- |\n| Commencement Date: | S. 134(Sch. 1 item 3) on 1.9.17: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017**\n\n| Assent Date: | 14.6.17 |\n| --- | --- |\n| Commencement Date: | S. 33 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018**\n\n| Assent Date: | 7.8.18 |\n| --- | --- |\n| Commencement Date: | S. 134 on 1.10.18: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019**\n\n| Assent Date: | 25.6.19 |\n| --- | --- |\n| Commencement Date: | S. 255 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| --- | --- |\n| Commencement Date: | Ss 184–190 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022** (as amended by No. 20/2023)\n\n| Assent Date: | 6.9.22 |\n| --- | --- |\n| Commencement Date: | Ss 796−798 on 1.9.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023**\n\n| Assent Date: | 27.6.23 |\n| --- | --- |\n| Commencement Date: | S. 65 on 28.6.23: s. 2(1); ss 38, 39, 56–58 on 1.7.24: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| --- | --- |\n| Commencement Date: | S. 113(Sch. 1 item 3) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Youth Justice Act 2024, No. 32/2024**\n\n| Assent Date: | 10.9.24 |\n| --- | --- |\n| Commencement Date: | Ss 789–791 on 30.9.25: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n**Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025**\n\n| Assent Date: | 16.12.25 |\n| --- | --- |\n| Commencement Date: | Ss 64–68 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Commission for Children and Young People Act 2012** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2012 establishment of the Commission. Originally focused on monitoring out-of-home care and conducting child death inquiries, it has expanded to include: (1) direct assistance and advocacy functions for children in care (Part 4A, added 2023); (2) oversight of youth justice facilities (via amendments from the Youth Justice Act 2024); (3) terrorism-related monitoring functions (section 23A regarding the Terrorism (Community Protection) Act 2003); and (4) transitional protections for information acquired under the former reportable conduct scheme (Part 9, 2025). The Commission has evolved from a monitoring and inquiry body into an active advocacy service with direct client-facing functions."},"complexity_factors":["Multiple overlapping definitions of vulnerable children spanning sections 4, 5, and 30A with subtle distinctions between 'child protection client', 'protected child or young person', and 'vulnerable child or young person'","Extensive cross-referencing to at least 15 other Acts including the Children, Youth and Families Act 2005, Mental Health and Wellbeing Act 2022, and Youth Justice Act 2024","Complex inquiry powers with multiple divisions (Divisions 2-4) setting out different triggers for mandatory vs discretionary inquiries, plus specific procedural requirements for reporting (Divisions 6-8)","Detailed confidentiality regime in Part 6 with specific exceptions permitting disclosure to courts, legal practitioners, other oversight bodies (IBAC, Ombudsman, Coroner), and specific Ministers","Significant amendment history with 23 amending Acts since 2012, resulting in repealed sections (e.g., former Part 3 on reportable conduct scheme), substituted provisions, and transitional arrangements in Parts 8 and 9","Non-delegable powers listed in section 20(3) creating a complex hierarchy of what the Commission vs Principal Commissioner vs staff can do","Specific protections and immunities in sections 44-45 creating carve-outs from other laws (Health Services Act, Mental Health and Wellbeing Act) for disclosures made to the Commission"],"plain_english_summary":"This Act creates an independent watchdog called the **Commission for Children and Young People** to protect vulnerable kids in Victoria.\n\n**What it does:**\n- **Establishes the Commission** – an independent body led by a Principal Commissioner (and optional additional Commissioners) who acts as a voice for children, especially those in the child protection or youth justice systems.\n- **Monitors out-of-home care** – The Commission keeps an eye on foster care, residential care and other services where the state places children who can't live at home. It can investigate these services and access their records.\n- **Provides direct help to kids** – The Commission can give advice, information and support to children who are (or recently were) in the care of the state, and can advocate on their behalf to government departments and service providers.\n- **Conducts inquiries** – The Commission **must** investigate the death of any child who was a \"child protection client\" (someone known to child protection services) at the time of death or within 12 months prior. It **may** also conduct broader inquiries into systemic problems affecting vulnerable children or the services they rely on (schools, health services, welfare organisations).\n- **Protects whistleblowers** – Health professionals, teachers and welfare workers can disclose information to the Commission for inquiries without fear of professional punishment or legal liability.\n- **Reports to Parliament** – The Commission can table reports in Parliament (with identifying details removed) to shine a light on systemic failures.\n\n**Who it affects:**\n- Children and young people under 18, particularly those in state care, on youth justice orders, or receiving community services.\n- Government departments (especially Families, Fairness and Housing), schools, hospitals, and community service organisations.\n- Professionals working with children (doctors, nurses, teachers, social workers).\n\n**Why it matters:**\nThis Act gives Victoria a dedicated, independent body to scrutinise how the state cares for its most vulnerable children. It ensures someone is watching when kids die in care, when systems fail, and when children need someone in their corner. The Commission has significant powers to demand documents, enter premises, and force cooperation from government agencies."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act has been substantially extended since its original enactment. Amendments and inserted Parts have broadened the Commission’s remit from a system‑monitoring and advisory body to include:\n\n- an explicit individual advocacy and assistance function for ‘protected’ children and young persons (Part 4A; ss.30A–30D) inserted by No. 17/2023 s.39;\n- explicit responsibilities and information pathways tied to youth justice matters and Chapter 3 of the Youth Justice Act 2024 (see amendments that add Youth Justice Act cross‑references in s.54 and disclosure powers in s.60(2), inserted by No. 32/2024 ss.789–791);\n- expanded information‑sharing and oversight linkages to multiple regulators and commissioners (s.53 and s.60(2)), and a statutory duty to notify IBAC of suspected corrupt conduct (s.61);\n- added monitoring reporting obligations related to the Terrorism (Community Protection) Act 2003 (s.23A, inserted by No. 32/2018 s.134); and\n- transitional protections preserving confidentiality of information acquired under reportable conduct schemes (new s.74, No. 58/2025 s.68).\n\nThese insertions shift the Act’s scope from purely systemic review and advice (as in the original 2012 text) to a mixed role that includes individual‑level advocacy, tighter integration with youth justice and other sector regulators, and expanded statutory information‑sharing duties. Those changes increase administrative and coordination demands on government departments and service providers and concentrate investigatory and disclosure discretion within the Commission and its statutory partners (see ss.30, 42, 53, 60)."},"complexity_factors":["Extensive interpretation section with numerous defined terms (s.3) — around 40+ defined concepts and many terms cross‑referencing other Acts (Children, Youth and Families Act 2005; Youth Justice Act 2024; Mental Health and Wellbeing Act 2022; Education and Training Reform Act 2006; Health Services Act 1988; NDIS Act; IBAC Act, etc.).","Multiple substantive Parts and Divisions (Parts 1–9) including detailed transitional provisions (Part 8 and new Part 9) and an inserted advocacy Part (Part 4A).","Multiple conditional inquiry triggers and layered decision rules: mandatory child death inquiries (s.34), discretionary inquiries with resource/appropriateness tests (ss.37–39), Ministerial recommendation but Commission determination (ss.38, 40).","Broad information‑access and compulsion powers with multiple exceptions and protections (ss.30, 42, 43, 44, 45) and legal protections for disclosure — requires careful application logic.","Complex confidentiality and disclosure regime (Part 6) with a criminal/penalty element (s.55: 60 penalty units) and many permitted disclosure pathways (ss.56–60, 60A, 53).","Delegation and non‑delegable functions (s.20) include a long list of exceptions and have been amended repeatedly; delegation rules are layered and cross‑referenced.","Reporting, publication and Parliamentary tabling rules (ss.46–52) with strict limits on identifying information (s.51) and timing rules (s.49).","Extensive cross‑references to and alignment with other regulators and statutes (s.53 list of recipient bodies; multiple amendments referencing the Youth Justice Act 2024 and other recent Acts).","Transitional and savings provisions are detailed and retain continuity with repealed predecessor arrangements (Parts 8–9), adding implementation complexity.","Significant amendment history recorded in the Act (Table of Amendments) — numerous insertions and repeals over 2014–2026, meaning statutory text includes layered changes and exceptions (e.g. inserts in 2016, 2017, 2023, 2024, 2025)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a stand‑alone statutory body called the Commission for Children and Young People (the Commission) and sets out its governance, powers and staff arrangements (Part 2; see sections 6, 10, 11–21).  The Principal Commissioner is the Commission’s operative head (ss.6, 10–11).\n- Gives the Commission a defined objective and a set of functions focused on promoting improvement in the safety and wellbeing of children and young people, with a particular emphasis on ‘vulnerable’ children and on out‑of‑home care (ss.7–8, Part 4).  The Commission must act independently and in the best interests of vulnerable children when dealing with them (s.8(2)–(3)).\n- Requires the Commission to conduct inquiries in specified circumstances, including a mandatory inquiry into the death of a child protection client (ss.31–36).  It also allows discretionary inquiries into other deaths, groups of vulnerable children, and systemic problems in the provision of services (ss.37–40).\n- Gives the Commission statutory powers to access records and information held by government departments, schools, health services, community and other service providers for the purpose of inquiries and monitoring (ss.30, 42).  Those agencies and service providers are required to provide assistance and access where specified (ss.23, 29, 30, 42(2)–(3)).\n- Provides a statutory advocacy and assistance role for certain children and young people defined as ‘protected’ (Part 4A; ss.30A–30D).  The Commission can give advice, make representations and request relevant records to support an individual child (s.30B–30C).\n- Regulates disclosure and confidentiality of information acquired by the Commission and its staff (Part 6).  Protected information is generally not to be disclosed except in specified circumstances, and there is a penalty for unauthorised disclosure (s.55; penalty 60 penalty units).\n- Sets out reporting channels and limits on publication: the Commission must report to Ministers and to the Secretary on completed inquiries (ss.46–48), may table certain reports in Parliament and publish them online (ss.49–52), but must not include identifying information when presenting reports to Parliament (s.51).\n- Creates defined pathways to disclose Commission information to other oversight bodies (for example, Ombudsman, IBAC, coroners, various commissioners and regulators) where relevant (s.53).  There is also a duty to notify IBAC about suspected corrupt conduct discovered in the course of the Commission's work (s.61).\n- Contains transitional and savings provisions, and a visible history of amendments which have inserted new duties and powers over time (Parts 8–9 and the Table of Amendments).\n\n**Who this affects**\n\n- Primary beneficiaries: children and young people who are vulnerable as defined in the Act (this includes child protection clients, youth justice clients, children in out‑of‑home care, and persons under 21 leaving state care) (s.5; s.4 for child protection client).\n- Service providers: community services, health services, human services, schools and out‑of‑home care services. These bodies are required to provide assistance and access to records for Commission functions (ss.29–30, 42(2)–(3)).  That imposes administrative and compliance obligations on them.\n- Government entities: Ministers, the Secretary to the Department of Families, Fairness and Housing and other departments must receive reports, respond to Commission inquiries and provide assistance (ss.23, 46–48, 60–60A).\n- Professional people: health professionals, welfare practitioners and education professionals are required to consider whether to disclose information to the Commission on request and are protected when they disclose in good faith (ss.42–45).\n\n**Why it matters (stated purpose, then practical trade‑offs and implementation effects)**\n\n- Stated purpose: Parliament created the Commission to promote continuous improvement and innovation in child safety and wellbeing policy and practice, and to monitor and advise on out‑of‑home care and related services (ss.1, 7–8).\n\n- Practical effects and trade‑offs:\n  - Information and accountability: the Act gives the Commission statutory access to records and formal inquiry powers. That increases transparency and creates legally backed follow‑up mechanisms when systems fail (ss.30, 34, 42, 46–52).\n  - Administrative and compliance costs: providers (including small NGOs and private out‑of‑home care operators) must provide information and assistance to the Commission when required (ss.29–30, 42(2)–(3)). Those requirements impose administrative time and record‑keeping costs and may require changes to information‑management practices.\n  - Privacy and confidentiality balancing: the Act tightens confidentiality for information held by Commission staff (Part 6) while also creating many lawful disclosure pathways (for example to oversight bodies—s.53—and to Ministers—s.60).  This requires careful operational processes to avoid unauthorised disclosure (s.55) and to ensure necessary sharing within legal bounds.\n  - Concentration of investigatory discretion and institutional independence: the Commission has discretion to decide whether to conduct inquiries (ss.37–39) and significant powers to access records and publish findings (ss.42, 50–52). Appointment, remuneration and removal are routed through the Minister and Governor in Council (ss.11–16), which locates oversight and political interface at those points.\n  - Interaction with other regulators and services: the Act builds formal sharing arrangements with multiple oversight bodies (for example IBAC, Ombudsman, coroners and specialist commissioners—s.53) and multiple other Acts are referenced (Children, Youth and Families Act, Youth Justice Act, Mental Health and Wellbeing Act, NDIS, etc.). That can reduce duplication (s.32) but increases inter‑agency coordination complexity.\n  - Individual advocacy function: the added Part 4A gives the Commission an individual advocacy and assistance role for certain ‘protected’ children and young people (ss.30A–30D).  This creates a direct service element in addition to the system‑level review role; it also creates a formal information‑request/prescription mechanism (s.30C) and a duty to avoid duplicating services (s.30D).\n\n- Who pays and who decides:\n  - Funding and staffing costs are borne by the State; the Commission employs staff under the Public Administration Act where authorised (s.21) and the Principal Commissioner may engage consultants (s.10(2)).\n  - The Commission decides whether to conduct discretionary inquiries (ss.37, 39).  The Minister may recommend inquiries (ss.38, 40), but the Commission determines whether to proceed and must explain decisions not to act (ss.38(2)–(3), 40(2)–(3)).\n\n**Concrete operational limits and protections**\n\n- The Commission must not publish identifying information about children or families when tabling reports in Parliament (s.51).\n- Registered health practitioners’ clinical decision‑making is excluded from inquiry under Division 4 (s.39(3)).\n- Individuals (natural persons) have a reasonable excuse against self‑incrimination when compelled to provide information (s.45).\n- Disclosers acting in good faith are protected from professional or civil liability for giving information to the Commission (s.44).\n\n**Selected section references for the reader**\n- Establishment and objective: ss.6–8.\n- Mandatory child death inquiry: ss.34–36.\n- Access to records and obligations on providers: ss.30, 42.\n- Advocacy for protected children: ss.30A–30D (Part 4A).\n- Confidentiality and penalties: Part 6 (especially ss.54–55).\n- Reporting and publication: ss.46–52.\n- Disclosure to other authorities and corruption reporting: ss.53, 61.\n\n(Where the Act asserts policy aims—such as promoting continuous improvement or child‑friendly practice—those are stated purposes in sections 1 and 7. The practical implications and trade‑offs above describe who bears costs, who makes decisions and what behavioural or administrative changes are required by the Act and its key sections.)"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been amended since it was originally made in 2012 (as indicated by the consolidated version history). The scope has expanded over time — most notably through amendments responding to the Royal Commission into Institutional Responses to Child Sexual Abuse, which broadened the Commission's oversight functions and strengthened its investigative powers beyond the original 2012 intent."},"complexity_factors":["Establishes an independent statutory body with multiple functions and powers, requiring understanding of administrative law concepts","Intersects with numerous other Victorian laws including child protection, working with children, and privacy legislation","Defines the scope of 'organisations' broadly, creating complexity around who must comply","Contains provisions about investigative powers, which involve procedural and evidentiary rules","Limited source text was provided — only version history metadata — making full analysis difficult and adding analytical uncertainty","The Commission's role spans multiple sectors (government, non-government, community), each with different compliance obligations"],"plain_english_summary":"The Act creates the independent Commission for Children and Young People in Victoria to protect children’s safety and wellbeing. It affects children (especially vulnerable or in care), organisations that work with them, parents/carers, and workers and volunteers in child-related roles.\n\nThe Commission monitors and reviews child safety practices, investigates serious incidents, promotes standards, reports to Parliament, and advises government—giving a dedicated authority to identify and address systemic failures."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/commission-for-children-and-young-people-act-2012","history":"/api/acts/commission-for-children-and-young-people-act-2012/history","analysis":"/api/acts/commission-for-children-and-young-people-act-2012/analysis","conflicts":"/api/acts/commission-for-children-and-young-people-act-2012/conflicts","importantCases":"/api/acts/commission-for-children-and-young-people-act-2012/important-cases","documents":"/api/acts/commission-for-children-and-young-people-act-2012/documents"}}