Part 5State Strategy for the Safety and Support of Children and Young People

Part 5—State Strategy for the Safety and Support of Children and Young People Division 1—State Strategy for the Safety and Support of Children and Young People 66—State Strategy for the Safety and Support of Children and Young People (1) There is to be a State Strategy for the Safety and Support of Children and Young People. (2) The State Strategy must include the following parts: (a) a part setting out the manner in which the State Strategy will be implemented; (b) a part setting out the intended outcomes in relation to the State Strategy and the measures to be used in relation to those outcomes; (c) a part setting out the roles and responsibilities of prescribed persons or bodies in respect of the following objectives: (i) the reduction of risk factors that lead to child abuse and neglect; (ii) the provision of targeted assistance to children and young people and their families to prevent children and young people from being in care; (iii) the provision of priority support and services to children and young people in care, leaving care or who have left care; (d) a part setting out the manner in which, subject to this Act, government, local councils and non‑government organisations should collaborate in the provision of support and services to children and young people, and their families; (e) any other part prescribed by the regulations, and each part must specifically address Aboriginal and Torres Strait Islander children and young people. (3) The State Strategy may incorporate or refer to such codes, standards, documents, policy statements, proposals or other matters as the Minister thinks fit. (4) Each prescribed person or body must, in performing its functions, have regard to, and seek to give effect to, the State Strategy (however, a prescribed person or body will be taken not to be in breach of this subsection if the person or body is acting in accordance with a requirement under this Act or any other Act or law). (5) In this section— prescribed person or body means— (a) a State authority; and (b) any other person or body, or person or body of a class, prescribed by the regulations. 67—Preparation of State Strategy (1) The State Strategy is to be prepared by the Minister in accordance with this section. (2) In preparing the State Strategy, the Minister— (a) must, in accordance with any requirements set out in the regulations, consult with— (i) State authorities; and (ii) the Commissioner for Children and Young People; and (iii) the Commissioner for Aboriginal Children and Young People; and (iv) the Guardian for Children and Young People; and (v) the peak bodies prescribed by the regulations; and (vi) Aboriginal and Torres Strait Islander persons and organisations; and (vii) people, including children and young people, who have experiences of being in care under this Act or a repealed Act; and (viii) any other person or body prescribed by the regulations; and (b) may consult with any other person or body the Minister thinks fit. (3) The Minister must cause the State Strategy to be published— (a) by notice in the Gazette; and (b) on a website determined by the Minister. (4) The State Strategy has effect from the day on which it is published by notice in the Gazette. (5) The Minister must, within 6 sitting days after the State Strategy is published in the Gazette, cause a copy of the State Strategy to be laid before both Houses of Parliament. (6) A failure of the Minister to comply with a requirement of this section does not, of itself, affect the validity of the State Strategy. 68—Annual report on State Strategy (1) The Chief Executive must, on or before 31 December in each year, report to the Minister on the operation of the State Strategy and this Part during the preceding financial year. (2) The Minister must, within 6 sitting days after receiving a report from the Chief Executive, cause a copy of the report to be laid before both Houses of Parliament. 69—Review of State Strategy (1) The Minister must, at least once in each 5 year period, cause the State Strategy to be reviewed in accordance with any requirements set out in the regulations, and a report on the review to be prepared and submitted to the Minister. (2) The Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament. Division 2—Children and Young People Safety and Support Plans 70—Application of Division (1) This Division applies to the following persons and bodies: (a) a prescribed State authority; (b) any other person or body prescribed by the regulations. prescribed State authority means— (a) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; and (b) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Education and Children's Services Act 2019; and (c) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Health Care Act 2008; and (d) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Youth Justice Administration Act 2016; and (e) any other State authority prescribed by the regulations for the purposes of this paragraph. 71—Children and Young People Safety and Support Plans (1) There is to be a Children and Young People Safety and Support Plan for each person or body to whom this Division applies. (2) A Children and Young People Safety and Support Plan is to be prepared by the relevant person or body in accordance with this section. (3) A Children and Young People Safety and Support Plan must set out— (a) the manner in which the person or body proposes to give effect to the State Strategy; and (b) the manner in which the person or body proposes to implement the objectives set out in section 66(2)(c); and (c) the intended outcomes in relation to such implementation and the measures to be used in relation to those outcomes; and (d) any other matter required by the regulations. (4) In preparing a Children and Young People Safety and Support Plan, a prescribed State authority must consult with such persons or bodies as may be prescribed by the regulations. (5) A prescribed State authority must publish its Children and Young People Safety and Support Plan on a website determined by the prescribed State authority. 72—Annual report on operation of Children and Young People Safety and Support Plans (1) Each prescribed State authority must, on or before 31 October in each year, report to the Chief Executive on the operation of its Children and Young People Safety and Support Plan during the preceding financial year (including a summary of the extent to which the Plan has been implemented by the prescribed State authority). (2) A person or body to whom this Division applies (other than a prescribed State authority) may report to the Chief Executive in accordance with subsection (1). (3) The Chief Executive must, on or before 31 December in each year, provide to the Minister a report summarising the reports received under this section in respect of the preceding financial year. (4) A report under subsection (3) may be combined with a report under section 68(1). (5) The Minister must, within 6 sitting days after receiving a report from the Chief Executive under subsection (3), cause a copy of the report to be laid before both Houses of Parliament (and, if the report is combined with a report under section 68(1), then the requirement of this subsection will be satisfied on the report being laid before both Houses of Parliament in accordance with that section). 73—Review of Children and Young People Safety and Support Plans (1) A prescribed State authority must cause a review of its Children and Young People Safety and Support Plan to be undertaken at least once in each 5 year period, and a report on the review to be prepared and submitted to the prescribed State authority. (2) The prescribed State authority must cause a copy of the report submitted under subsection (1) to be provided to the Minister as soon as is reasonably practicable after receiving the report.