Schedule 6—Child Link users and purposes of access, use and disclosure
Item
Column 1 <br>Child Link user
Column 2<br>Purpose of access, use and disclosure
1
The Secretary
To identify children who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children.
2
The Secretary to the Department of Health and Human Services
To identify children who are not participating in services for which they may be eligible.<br>For the purpose of the performance of the Secretary to the Department of Health and Human Services' functions, and the exercise of the Secretary's powers, under the Children, Youth and Families Act 2005.
3
The Principal Commissioner within the meaning of the Commission for Children and Young People Act 2012
To perform the Principal Commissioner's statutory functions.
4
The Disability Services Commissioner within the meaning of the Disability Act 2006
To perform the Disability Services Commissioner's statutory functions.
5
A person employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary
To identify children who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children.
6
A person employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary
To perform functions relating to systems administration of the Register.
7
A person employed by the Secretary under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary
For the purpose of data management in accordance with section 46H.
8
A person employed by the Secretary under Part 3 of the or otherwise engaged by the Secretary who is authorised in writing by the Secretary
Public Administration Act 2004
For the purpose of de‑identifying confidential information and to provide that de‑identified information under section 46O.
9
A person employed by the Secretary to the Department of Health and Human Services under Part 3 of the Public Administration Act 2004 or otherwise engaged by the Secretary who is authorised in writing by the Secretary
To identify children who are not participating in services for which they may be eligible.<br>For the purpose of the performance of the Secretary to the Department of Health and Human Services' functions, and the exercise of the Secretary's powers, under the Children, Youth and Families Act 2005.
10
A person employed or engaged by a council in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the council
To identify children in the municipal district who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to children in the municipal district who may be eligible to participate in services.<br>To monitor and plan council services for children residing in the municipal district.
11
A nurse employed or engaged by a council to provide maternal and child health programs for a Maternal and Child Health service who is authorised in writing by the Chief Executive Officer of the council
To provide care and services to children attending the Maternal and Child Health service.
12
A nurse employed or engaged by an entity that provides maternal and child health programs on behalf of a council for a Maternal and Child Health service who is authorised in writing by the person who has overall management and control of the Maternal and Child Health service
To provide care and services to children attending the Maternal and Child Health service.
13
A nurse employed or engaged by the Secretary to provide maternal and child health advice through a state‑wide telephone service who is authorised in writing by the Secretary
To provide care and services to children or families who access the state-wide telephone service.
14
A person employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the Service
To identify children enrolled with the Service or entitled to services provided by the Service who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children.<br>To monitor and plan services for all children enrolled with the Service.
15
A registered medical practitioner, nurse or midwife employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited engaged in providing maternal and child health programs who is authorised in writing by the Chief Executive Officer of the Service
To provide care and services to children attending the maternal and child health program.
16
A registered early childhood teacher providing education and care to children at an approved education and care service who is authorised in writing by the approved provider
To provide education and care and related services to children enrolled at the education and care service.
17
A registered early childhood teacher providing education and care to children at an approved children's service who is authorised in writing by the approved provider of the service
To provide education and care and related services to children enrolled at the children's service.
18
A school nurse manager who is authorised in writing by the Secretary
To assist in the monitoring, planning and provision of care and services to children enrolled in schools within the geographic region for which the school nurse manager is responsible.
19
A school nurse who is authorised in writing by the Secretary
To provide care and services to children enrolled at the school to whom the nurse provides school nurse services.
20
A principal of a Government school who is authorised in writing by the Secretary
To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school.
21
A registered teacher employed or engaged by a Government school to provide instruction or other education services to students at the school or any other person employed or engaged by a Government school to provide health or welfare services for students at the school who is authorised in writing by the principal of the Government school
To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school.
22
A principal of a non-Government school who is authorised in writing by the person or body responsible for the governance, conduct or management of the school
To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school.
23
A registered teacher employed or engaged by a non‑Government school to provide instruction or other education services to students at the school or any other person employed or engaged by a non‑Government school to provide health or welfare services for students at the school who is authorised in writing by the principal of the non-Government school
To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school.
24
A person employed by the Commission for Children and Young People under section 21(1) of the Commission for Children and Young People Act 2012 or otherwise engaged by the Commission who is authorised in writing by the Principal Commissioner within the meaning of that Act
To perform the functions of the Principal Commissioner for or on behalf of the Commissioner.
25
A person employed to assist the Disability Services Commissioner under section 18(1) of the Disability Act 2006 who is authorised in writing by the Commissioner
To perform the functions of the Disability Services Commissioner on behalf of the Disability Services Commissioner.
26
A prescribed person who is authorised in writing in accordance with the regulations
The purpose prescribed in relation to the person.
Sch. 7 inserted by No. 11/2018 s. 15, amended by No. 9/2023 s. 265.
Schedule 7—Specified provisions
1 Section 207(2) of the Children, Youth and Families Act 2005.
2 Section 55 of the Commission for Children and Young People Act 2012.
3 Section 140 of the Confiscation Act 1997.
4 Sections 36, 202AB and 202AC of the Disability Act 2006.
5 Sections 5.3A.10 and 5.3A.14 of the Education and Training Reform Act 2006.
6 Section 181 of the Firearms Act 1996.
7 Section 23 of the Human Services (Complex Needs) Act 2009.
8 Section 164 of the Infringements Act 2006.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 October 2005
Legislative Council: 15 November 2005
The long title for the Bill for this Act was "to establish principles for the wellbeing of children, to establish the Victorian Children's Council and the Children's Services Co-ordination Board, to provide for the Child Safety Commissioner and to confer functions and powers on the Child Safety Commissioner in relation to the safety of children, to provide for the notification of births to municipal councils, to repeal Part IX of the Health Act 1958 and for other purposes."
The Child Wellbeing and Safety Act 2005 was assented to on 29 November 2005 and came into operation as follows:
Sections 1–41 and 47 on 1 June 2006: Government Gazette 1 June 2006 page 1028; Part 7 (sections 42–46) and section 48 on 1 October 2007: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Child Wellbeing and Safety Act 2005 by Acts and subordinate instruments.
Children, Youth and Families Act 2005, No. 96/2005
| Assent Date: | 7.12.05 |
| Commencement Date: | S. 604 on 23.4.07: Government Gazette 19.4.07 p. 672 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Health Professions Registration Act 2005, No. 97/2005
| Assent Date: | 7.12.05 |
| Commencement Date: | S. 182(Sch. 4 item 9) on 1.7.07: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Disability Act 2006, No. 23/2006
| Assent Date: | 16.5.06 |
| Commencement Date: | S. 233 on 1.7.07: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
| Assent Date: | 10.10.06 |
| Commencement Date: | S. 26(Sch. item 10) 11.10.06: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Statute Law Revision Act 2007, No. 28/2007
| Assent Date: | 26.6.07 |
| Commencement Date: | S. 3(Sch. item 6) on 27.6.07: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007
| Assent Date: | 27.11.07 |
| Commencement Date: | S. 51 on 28.11.07: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 3.6.08 |
| Commencement Date: | S. 41 on 25.5.09: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Children Legislation Amendment Act 2009, No. 46/2009
| Assent Date: | 18.8.09 |
| Commencement Date: | Ss 9–15 on 19.8.09: s. 2 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
| Assent Date: | 30.3.10 |
| Commencement Date: | S. 51(Sch. item 11) on 1.7.10: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 21.12.11 |
| Commencement Date: | S. 79(Sch. item 1) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Commission for Children and Young People Act 2012, No. 79/2012
| Assent Date: | 18.12.12 |
| Commencement Date: | Ss 73–80 on 1.3.13: Special Gazette (No. 27) 29.1.13 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 1.12.15 |
| Commencement Date: | Ss 4–13 on 1.1.16: Special Gazette (No. 426) 22.12.15 p.1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 6.9.16 |
| Commencement Date: | S. 33 on 1.7.17: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016, No. 63/2016
| Assent Date: | 15.11.16 |
| Commencement Date: | Ss 4–8 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017
| Assent Date: | 28.2.17 |
| Commencement Date: | Ss 4–9 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017
| Assent Date: | 14.6.17 |
| Commencement Date: | S. 31 on 26.2.18: s. 2(6) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Health and Child Wellbeing Legislation Amendment Act 2018, No. 4/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | Ss 3(1)(3), 4–7, 12(2) on 28.2.18: s. 2(1); ss 3(2), 8–12(1), 13–15 on 1.11.18: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018
| Assent Date: | 10.4.18 |
| Commencement Date: | Ss 4–9, 11, 12, 15 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1; ss 10, 13, 14 on 12.2.19: Special Gazette (No. 37) 12.2.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Guardianship and Administration Act 2019, No. 13/2019
| Assent Date: | 4.6.19 |
| Commencement Date: | S. 221(Sch. 1 item 7) on 1.3.20: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 25.6.19 |
| Commencement Date: | S. 252 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 6.11.19 |
| Commencement Date: | S. 20 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Local Government Act 2020, No. 9/2020
| Assent Date: | 24.3.20 |
| Commencement Date: | S. 390(Sch. 1 item 15) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020, No. 33/2020
| Assent Date: | 4.11.20 |
| Commencement Date: | Ss 19, 20 on 18.6.21: Special Gazette (No. 152) 30.3.21 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Worker Screening Act 2020, No. 34/2020
| Assent Date: | 4.11.20 |
| Commencement Date: | Ss 169–176 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2020, No. 36/2020
| Assent Date: | 17.11.20 |
| Commencement Date: | Ss 16, 17 on 17.11.21: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, No. 23/2021 (as amended by Nos 32/2022, 43/2022)
| Assent Date: | 28.6.21 |
| Commencement Date: | S. 5(4) on 29.6.21: s. 2(2); ss 4–5(3), 5(5)–53, 77–80 on 1.1.23: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)
| Assent Date: | 21.9.21 |
| Commencement Date: | Ss 349, 350 on 1.7.24: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 29.3.22 |
| Commencement Date: | Ss 3, 4 on 30.3.22: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Child Employment Amendment Act 2022, No. 27/2022
| Assent Date: | 28.6.22 |
| Commencement Date: | S. 77 on 1.7.23: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022
| Assent Date: | 23.8.22 |
| Commencement Date: | S. 60 on 24.8.22: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)
| Assent Date: | 6.9.22 |
| Commencement Date: | Ss 784−788 on 1.9.23: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Early Childhood Legislation Amendment Act 2022, No. 43/2022
| Assent Date: | 27.9.22 |
| Commencement Date: | Ss 100, 101 on 28.9.22: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Disability and Social Services Regulation Amendment Act 2023, No. 9/2023
| Assent Date: | 23.5.23 |
| Commencement Date: | S. 265 on 27.3.24: Special Gazette (No. 118) 13.3.24 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023
| Assent Date: | 27.6.23 |
| Commencement Date: | S. 21 on 28.6.23: s. 2(1); ss 19, 20, 22–32, 53, 54 on 1.7.24: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
| Assent Date: | 5.3.24 |
| Commencement Date: | Ss 9, 10 on 6.3.24: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |
Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025
| Assent Date: | 16.12.25 |
| Commencement Date: | Ss 3–8 on 17.12.25: s. 2(1); ss 28–54, 55(Sch. 1), 56 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |
| Current State: | This information relates only to the provision/s amending the Child Wellbeing and Safety Act 2005 |