4AExtended period for registration

4A Extended period for registration Sch. 3 Pt 2 cl. 4A(1) amended by Nos 59/2017 s. 109(5), 29/2016 s. 109(2). (1) If a work and development permit to which a child who was served with an infringement notice was subject has been cancelled under section 10E of the **Fines Reform Act 2014**, the time period within which the registrar may register the infringement penalty or part of the infringement penalty together with any penalty reminder notice fee is no more than 6 months after the date on which the work and development permit is cancelled under that section. (2) Subclause (1) has effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed. 5 Enforcement agency may request cancellation of registration (1) The enforcement agency may, by notice in the prescribed form filed with the registrar at any time before the registrar makes an order under clause 8 in respect of an infringement penalty or part of an infringement penalty, request the registrar to cancel the registration of the infringement penalty or part. (2) A registrar must comply with a request made in accordance with subclause (1). 6 Child's options (1) On registering an amount in relation to a child under clause 4, the registrar must cause to be sent by post to the child at the address contained in the document provided under clause 3(1)(a) or any other address given by that child a notice in writing setting out the matters referred to in subclauses (2), (3) and (4). (2) A child may— (a) pay to the Court the registered amount on or before the date specified in the notice; or (b) make an application referred to in clause 7; or (c) apply for an order under clause 8 that payment of the registered amount not be enforced; or (d) appear before the registrar on the date specified in the notice; or (e) request that consideration of the matter be deferred to another date so that the child may appear before the registrar; or Sch. 3 Pt 2 cl. 6(2)(ea) inserted by No. 26/2009 s. 12(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 6.1). (ea) in the case of an offence against the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act, request that consideration of the matter be deferred to another date so that the child may undertake a program approved under section 227A(2) of that Act; or (f) decline to be dealt with by the registrar and request that the matter of the alleged offence in respect of which the infringement notice was issued be heard and determined by the Court; or (g) do nothing and leave the matter of the infringement notice to be dealt with by the registrar on the date specified in the notice. (3) In addition to subclause (2), a child may provide to the registrar information in writing by or on behalf of the child in relation to— (a) the child's employment or school attendance; (b) the child's personal and financial circumstances. (4) If a child wishes to exercise the option referred to in subclause (2)(c), the child must make the application to the registrar in the prescribed form. (5) If a child wishes to exercise the option referred to in subclause (2)(f)— (a) the child must notify the registrar on or before the date specified in the notice under subclause (1); and (b) on receipt of the child's notification, the registrar must cancel the registration of the infringement penalty and remit the infringement notice to the enforcement agency. Sch. 3 Pt 2 cl. 6(6) amended by No. 68/2009 s. 87(3)(b). (6) Nothing in this Schedule prohibits an enforcement agency from filing a charge-sheet with the Court in respect of an infringement notice that has been remitted to it under subclause (5)(b). 7 Applications concerning time to pay registered amount (1) A child in respect of whom an amount has been registered under clause 4 may apply to the registrar personally or in writing or in any other manner approved by the registrar for one or more of the following— (a) an order that the time within which the registered amount is to be paid be extended; or (b) an order that the registered amount be paid by instalments; or (c) an order for the variation of an instalment order. (2) On receipt of an application under subclause (1), the registrar may do one or more of the following— (a) allow additional time for the payment of the registered amount or the balance of the registered amount; (b) direct payment of the registered amount to be made by instalments; (c) direct payment of the registered amount or instalments to be made at the time or times specified by the registrar; (d) vary the amount of instalments. 8 Enforcement order (1) Subject to subclause (2), if an infringement penalty or part of an infringement penalty has been registered in respect of a child under clause 4, the registrar must consider the matter on the day specified in the notice under clause 6 if— (a) the child has not paid the infringement penalty or the part of the infringement penalty; and (b) the child has not declined to be dealt with by the registrar; and (c) an order has not been made under clause 7 in respect of the infringement penalty. (2) Subject to any application made by the child, the registrar may adjourn or abridge the time for considering the matter. (3) After hearing the child, if the child appears before the registrar, and after considering any information provided to the registrar under clause 6(3), the registrar may— (a) cancel the registration of the infringement penalty or the part of the infringement penalty and remit the infringement notice to the enforcement agency if— (i) the child contests the matter of the alleged offence in respect of which the infringement notice was issued; or (ii) the child declines to be dealt with by the registrar; or (iii) the registrar is otherwise satisfied that it is appropriate to do so; or (b) defer making a decision to a later date on which the child is to appear before the registrar; or Sch. 3 Pt 2 cl. 8(3)(ba) inserted by No. 26/2009 s. 12(2), amended by No. 6/2010 s. 203(1) (Sch. 6 item 6.2). (ba) in the case of an offence against the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act, defer making a decision to a later date so that the child may attend a program approved under section 227A(2) of that Act; or (c) make an order confirming the infringement penalty or part and order that the child pay to the Court the registered amount; or (d) make an order reducing the registered amount and order that the child pay to the Court the registered amount as so reduced; or (e) if the registrar is satisfied that the child has paid the registered amount, make an order confirming the infringement penalty or part; or Sch. 3 Pt 2 cl. 8(3)(ea) inserted by No. 26/2009 s. 12(3), amended by No. 6/2010 s. 203(1) (Sch. 6 item 6.2). (ea) in the case of an offence against the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act, if the registrar is satisfied that the child has undertaken a program approved under section 227A(2) of that Act, order that payment of the registered amount that remains unpaid not be enforced; or (f) if the registrar is satisfied on an application under clause 6(4) or otherwise, that it is appropriate to do so, order that payment of the registered amount that remains unpaid not be enforced. (4) In exercising his or her discretion under subclause (3), the registrar must have regard to— (a) the child's employment or school attendance; and (b) the child's personal and financial circumstances. (5) An order made under subclause (3) must not require payment of an amount exceeding the amount of a fine that the Court may impose under section 373. (6) An enforcement order is deemed to be an order of the Court— (a) in the case of an order made under subclause (3)(c) or (3)(d), on the expiry of 28 days after the making of the order unless an application is made under clause 10 within that period; (b) in the case of an order made under subclause (3)(e), on the day that it is made; (c) in the case of an order made under subclause (3)(f), on the expiry of 14 days after the making of the order unless an application is made under clause 10 within that period. (7) A child in relation to whom an enforcement order is made may apply for an order under clause 7. 9 Notice of enforcement order (1) Not later than 3 working days after the making of an enforcement order, the registrar must cause a notice in the prescribed form to be sent by post to the child against whom the order is made at the address contained in the document provided under clause 3(1)(a) or any other address given by the child. (2) If the registrar orders that payment of a registered amount that remains unpaid not be enforced, the registrar must give notice of the order and a copy of any information provided by the child under clause 6(3) to the enforcement agency not later than 3 working days after the making of the order. 10 Court review of enforcement order (1) If the registrar makes an order under clause 8(3)(c) or 8(3)(d), the child may, by notice in writing to the Court within 28 days after the registrar's decision, apply to the Court for a review of the registrar's order. (2) If the registrar makes an order under clause 8(3)(f), the enforcement agency may, by notice in writing to the Court within 14 days after the date of the order, apply to the Court for a review of the registrar's order. (3) On receipt of a notice under subclause (1) or (2), the registrar must cause notice of the time and place of hearing of the review to be given or sent to the child and the enforcement agency. (4) On a review under this clause, the child and the enforcement agency are entitled to appear. (5) On a review under this clause, the Court may make an order— (a) confirming the registrar's order; or (b) requiring the child to pay an amount not exceeding the amount of a fine that the Court may impose under section 373; or (c) that payment of the registered amount that remains unpaid not be enforced. 11 Enforcement hearing (a) an order is made under clause 7, 8(3)(c), 8(3)(d) or 10(5) in respect of a person; and (b) for a period of more than one month the person defaults in the payment of an amount ordered to be paid or of any instalment under an instalment order— the Court may, by notice in writing served on the person, require the person to appear before the Court at a specified time and place for an enforcement hearing. (2) On an enforcement hearing, the Court may make any order that it could make under section 378. 12 Effect of enforcement order (1) If an enforcement order is made in relation to an offence alleged to have been committed by a child— (a) the child is not thereby to be taken to have been convicted of the offence; and (b) the child is not liable to any further proceedings for the alleged offence; and (c) the making of the order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence; and (d) payment in accordance with the order is not an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence. (2) Any amount recovered as a result of the making of an enforcement order is to be dealt with in the same way as an amount recovered as a result of a conviction. Sch. 3 Pt 2 cl. 12(3) amended by No. 74/2013 s. 8. (3) Despite anything to the contrary in this clause, the making of an enforcement order in relation to an offence which is a traffic infringement within the meaning of the **Road Safety Act 1986** does not prevent the incurring of demerit points under Part 4 of that Act in relation to that infringement. Sch. 3 Pt 2 cl. 12(4) repealed by No. 30/2013 s. 60(Sch. item 3). 13 Expiry of enforcement order (1) An enforcement order expires— (a) if an order is made under clause 7 in relation to the enforcement order— (i) on the payment in full of the registered amount; or (ii) if one or more payments are made under the order but the registered amount is not paid in full, 3 years after the receipt of the last payment; or (iii) in any other case, 3 years after the making of the order under clause 7; (b) if a warrant to seize property has been issued in respect of the order, on that warrant becoming void under section 529; (c) if an order is made under clause 8(3)(f), on the making of that order; (d) in any other case, 3 years after the order was made. (2) If both subclauses (1)(a) and (1)(b) apply, the enforcement order expires on the warrant to seize property becoming void. (3) If an enforcement order expires as a result of this clause, any registered amount still outstanding in respect of which the order was made ceases to be enforceable or recoverable. (4) On the expiry of an enforcement order, any warrant to seize property that was issued in respect of that order is void. (5) An enforcement order that has expired may be reinstated by the registrar on the application of the enforcement agency. (6) Despite subclause (3), if an enforcement order is reinstated, the registered amount in respect of which it was made again becomes enforceable or recoverable as if there had been no cessation. (7) Subclause (1) does not apply to a reinstated enforcement order. (8) A reinstated enforcement order expires 3 years after it was reinstated. (9) This clause does not apply to an enforcement order in respect of which a warrant has been issued under the Service and Execution of Process Act 1992 of the Commonwealth. 14 Service of documents (1) All documents required or permitted by this Schedule to be given or served, may be served personally or by post or in any other prescribed manner. (2) Any document served by post under this Part must be addressed— (a) to the address for service given by the person on whom the document is to be served; or (b) if no address for service has been given, to the address contained in the document provided under clause 3(1)(a). Part 3—Cancellation of infringement notice 15 Cancellation of infringement notice if person not aware (1) A child or a person on that child's behalf may apply to a registrar to have an infringement notice cancelled if— (a) the service of the infringement notice was not by personal service on the child; and (b) the child was not in fact aware that an infringement notice had been served on the child. (2) An application under subclause (1) must— (a) be made within 14 days of the child becoming aware of the infringement notice; and (b) be accompanied by a written statement setting out the grounds on which the cancellation is sought. (3) If an application is made under subclause (1), a registrar must— (a) stay the operation of the infringement notice; and (b) refer the application to the Court for hearing and determination. (4) On the referral to the Court under subclause (3), the Court must cause a notice of the time and place of the hearing of the application to be given or sent to the enforcement agency and to the applicant. 16 Powers of Court to cancel (1) On the referral of an application under clause 15 to the Court, any of the procedures set out in this Schedule that are being used for the enforcement of the infringement penalty are, by force of this subclause, suspended pending the determination of the application. (2) The Court may only cancel an infringement notice if it is satisfied that, more than 14 days before making an application under subclause (1), the person was not in fact aware that the infringement notice had been served. (3) If the Court cancels an infringement notice under this clause— Sch. 3 Pt 3 cl. 16(3)(a) amended by No. 59/2017 s. 109(6). (a) any infringement penalty and penalty reminder notice fee that have been paid in relation to the notice must be refunded and the Consolidated Fund or any other fund specified by the relevant Act or other instrument into which the penalty and fee have been paid is, to the necessary extent, appropriated accordingly; and Sch. 3 Pt 3 cl. 16(3)(b) amended by No. 59/2017 s. 109(7). (b) any of the procedures set out in this Schedule that are being used for the enforcement of any infringement penalty and penalty reminder notice fee (if any) in relation to the notice must be discontinued; and Sch. 3 Pt 3 cl. 16(3)(c) amended by No. 59/2017 s. 109(7). (c) any enforcement order in relation to the infringement penalty and penalty reminder notice fee (if any) is revoked; and Sch. 3 Pt 3 cl. 16(3)(d) amended by No. 59/2017 s. 109(7). (d) any warrant issued in relation to the infringement penalty and penalty reminder notice fee is cancelled. (4) The cancellation of an infringement notice under this clause does not prevent the service of a new infringement notice in respect of the offence for which the cancelled infringement notice was served. Sch. 3 Pt 4 (Heading and cl. 17) inserted by No. 18/2010 s. 47. Part 4—Extension of time for commencing proceeding Sch. 3 Pt 4 cl. 17 inserted by No. 18/2010 s. 47. 17 Decision to go to Court (1) A proceeding in respect of a summary offence for which an infringement notice was issued may be commenced— (a) in accordance with section 344A; or Sch. 3 Pt 4 cl. 17(1)(ab) inserted by No. 29/2016 s. 110. (ab) in accordance with section 41A of the **Infringements Act 2006**; or Sch. 3 Pt 4 cl. 17(1)(b) amended by No. 64/2010 s. 56(1). (b) in accordance with section 53 of the **Infringements Act 2006**; or Sch. 3 Pt 4 cl. 17(1)(ba) inserted by No. 64/2010 s. 56(2). (ba) if an infringement notice is reviewed under Division 3 of Part 2 of the **Infringements Act 2006**, within 6 months after the date of service of the advice of the outcome on the applicant under section 24(3) of that Act or 12 months after the date of the alleged offence (whichever is the earlier); or (c) if, under clause 6(5)(b) or 8(3)(a), the registrar cancels the registration of an infringement penalty and remits the relevant infringement notice to the enforcement agency, within 6 months after the date of cancellation of the registration of the infringement penalty or 12 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(d) amended by No. 27/2011 s. 9. (d) if the Court cancels an infringement notice under Part 3 of this Schedule and a new infringement notice is served on the child, within 6 months after the date of cancellation of the cancelled infringement notice or 12 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(e) amended by Nos 8/2019 s. 89(1), 18/2020 s. 124(2)(a). (e) if a person has nominated the child for an offence committed under the **Road Safety Act 1986**, the **Melbourne City Link Act 1995**, the **EastLink Project Act 2004**, the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** or the **North East Link Act 2020**, within 6 months after the date of service of the infringement notice on the child or 12 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(f) substituted by No. 8/2019 s. 89(2). (f) if a nomination of a kind specified in paragraph (e) is made and subsequently cancelled under section 84BF(1) of the **Road Safety Act 1986** so that liability reverts to the person who made the nomination— (i) for an offence committed under the **Road Safety Act 1986**, within 6 months after the date of cancellation of the nomination or 12 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(f)(ii) amended by No. 18/2020 s. 124(2)(b). (ii) for an offence committed under section 204 of the **EastLink Project Act 2004**, section 73 of the **Melbourne City Link Act 1995**, section 32 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** or section 69 of the **North East Link Act 2020**, within 6 months after the date of cancellation of the nomination or 15 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(g) amended by No. 8/2019 s. 89(3). (g) subject to paragraph (e), if the offence is against section 204 of the **EastLink Project Act 2004**, within 6 months after the date of service of the infringement notice under section 210(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(h) amended by No. 8/2019 s. 89(4). (h) subject to paragraph (e), if the offence is against section 73 of the **Melbourne City Link Act 1995**, within 6 months after the date of service of the infringement notice under section 80(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(i) inserted by No. 8/2019 s. 89(5), amended by No. 18/2020 s. 124(2)(c). (i) subject to paragraph (e), if the offence is against section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, within 6 months after the date of service of the infringement notice under section 45(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or Sch. 3 Pt 4 cl. 17(1)(j) inserted by No. 18/2020 s. 124(2)(d). (j) subject to paragraph (e), if the offence is against section 69(1) of the **North East Link Act 2020**, within 6 months after the date of service of the infringement notice under section 83(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier). (2) Subclause (1) has effect despite section 344A or any other provision of any Act or other instrument providing for the period during which a proceeding may be commenced for an offence alleged to have been committed. Sch. 4 substituted by No. 48/2006 s. 30. Schedule 4—Transitional and saving provisions Part 1—Introduction ***commencement day*** means the day on which section 601 of the new Act comes into operation; ***old Act*** means **Children and Young Persons Act 1989**; ***new Act*** means **Children, Youth and Families Act 2005**. 2 General transitional provisions (1) This Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**. (2) Without limiting subclause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the old Act or the **Community Services Act 1970**, this Schedule must not be taken to— (a) limit the operation of any provision of the **Interpretation of Legislation Act 1984** relating to the re-enactment; or (b) be an exhaustive list of the provisions of theold Act or the **Community Services Act 1970** re-enacted by the new Act. (3) This Schedule applies despite anything to the contrary in any other provision of the new Act. 3 Saving of references If a provision of an Act that is repealed by the new Act required a reference in an Act, subordinate instrument or other instrument or document to a person or body to be construed as a reference to another person or body, the repeal of that provision does not affect the construction of that reference in that Act, instrument or document, unless the contrary intention appears. Part 2—Children And Young Persons Act 1989 4 Superseded reference On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind, a reference to the old Act must be read as a reference to the new Act. 5 Re-enacted provisions A provision or provisions of the old Act specified in Column 1 of the Table are deemed to be re‑enacted (with modifications) by the provision or provisions of the new Act appearing opposite in Column 2 of the Table. | Division 1 of Part 2 | Part 7.1 | | Division 2 of Part 2 | Part 7.2 | | Division 3 of Part 2 | Part 7.3 | | Division 4 of Part 2 | Part 7.4 | | Division 5 of Part 2 | Part 7.5 | | Division 6 of Part 2 | Part 7.6 | | Division 7 of Part 2 | Part 7.7 | | Division 8 of Part 2 | Part 7.8 | | Section 62 | Part 3.6 | | Sections 63 and 63A | Part 4.1 | | Section 64 | Division 2 of Part 4.4 | | Sections 65(2), 66 and 67 | Division 1 of Part 4.6 | | Sections 68, 69 and 70 | Division 2 of Part 4.8 | | Division 3 of Part 3 | Division 4 of Part 4.8 | | Division 4 of Part 3 | Division 5 of Part 4.8 | | Sections 81, 82 and 83 | Division 1 of Part 4.7 | | Division 6 of Part 3 | Part 4.9 | | Division 7 of Part 3 | Part 4.10 | | Division 7A of Part 3 | Section 533 | | Division 8 of Part 3 | Division 1 of Part 4.11 | | Sections 121 and 122 | Division 2 of Part 4.11 | | Sections 123 and 124 | Sections 172, 173 and 174 | | Section 126 | Division 1 of Part 4.12 | | Division 10 of Part 3 | Division 2 of Part 4.12 | | Division 1 of Part 4 | Part 5.1 | | Division 2 of Part 4 | Division 1 of Part 5.2 | | Division 3 of Part 4 | Division 2 of Part 5.2 | | Division 4 of Part 4 | Division 3 of Part 5.2 | | Division 5 of Part 4 | Division 4 of Part 5.2 | | Division 6 of Part 4 | Division 5 of Part 5.2 | | Division 7 of Part 4 | Part 5.3 | | Division 7A of Part 4 | Section 533 | | Division 8 of Part 4 | Part 5.4 | | Division 9 of Part 4 | Part 5.5 | | Division 10 of Part 4 | Part 5.6 | | Division 11 of Part 4 | Part 5.7 | | Division 12 of Part 4 | Part 5.8 | | Division 13 of Part 4 | Part 7.9 | | Division 1 of Part 5 (except section 265) | Part 6.1 | | Section 265 | Part 8.3 | | Division 2 of Part 5 | Part 6.2 | | Section 271 | Part 8.2 | | Section 272 | Section 503 | | Sections 273, 274, 275, 276 and 279 | Part 7.10 | | Section 277 | Section 593 | | Section 278 | Section 595 | | Division 5 of Part 5 | Part 8.5 | | Division 5A of Part 5 | Part 7.11 | | Schedule 1 | Schedule 2 | | Schedule 2 | Schedule 1 | | Schedule 2A | Schedule 3 | Division 2—The Children's Court of Victoria 6 The Children's Court of Victoria The Children's Court of Victoria continued by the new Act is deemed to be the same court as The Children's Court of Victoria existing immediately before the commencement day. 7 President and Acting President (1) The person who holds office as President of The Children's Court of Victoria immediately before the commencement day holds office as President under and subject to the new Act without further appointment. (2) Any person who holds office as Acting President of The Children's Court of Victoria immediately before the commencement day holds office as Acting President under and subject to the new Act for the duration of his or her appointment as Acting President without further appointment. 8 Magistrates and acting magistrates (1) Any person who holds office as magistrate for the Court immediately before the commencement day holds office as magistrate for the Court under and subject to the new Act without further appointment. (2) Any person who holds office as acting magistrate for the Court immediately before the commencement day holds office as magistrate for the Court under and subject to the new Act for the duration of his or her appointment as acting magistrate without further appointment. 9 Aboriginal elders or respected persons Any person who holds office as an Aboriginal elder or respected person under section 27A of the old Act immediately before the commencement day holds office as an Aboriginal elder or respected person under section 536 of, and subject to, the new Act for the duration of his or her appointment as an Aboriginal elder or respected person without further appointment. 10 Principal registrar, registrars and deputy registrars Any person who holds office as principal registrar, registrar or deputy registrar under the old Act immediately before the commencement day holds office as principal registrar, registrar or deputy registrar under and subject to the new Act. 11 Probation officer and honorary probation officers (1) Any person who holds office as a probation officer under the old Act immediately before the commencement day holds office as a youth justice officer under and subject to the new Act. (2) Any person who holds office as an honorary probation officer under the old Act immediately before the commencement day holds office as an honorary youth justice officer under and subject to the new Act. 12 Court liaison officers Any person who holds office as a court liaison officer under the old Act immediately before the commencement day holds office as a court liaison officer under and subject to the new Act. 13 The Children's Court Clinic The Children's Court Clinic continued by the new Act is deemed to be the same clinic as the Children's Court Clinic existing under the old Act immediately before the commencement day. Division 3—Protection of children 14 Approved community services (1) A body that was an approved community service under section 58 of the old Act immediately before the commencement day and was in receipt of funding from the Secretary for the provision of out of home care services is deemed on the commencement day to be a registered out of home care service under the new Act. (2) A body that was an approved community service under section 58 of the old Act immediately before the commencement day and was in receipt of funding from the Secretary for the provision of family services other than out of home care services is deemed on the commencement day to be a registered community-based child and family service under the new Act. (3) A body that was an approved community service under section 58 of the old Act immediately before the commencement day and was in receipt of funding from the Secretary for the provision of out of home care services and other family services is deemed on the commencement day to be a registered out of home care service and a registered community-based child and family service under the new Act. (4) Despite section 49 of the new Act, a body referred to in subclause (1), (2) or (3) is deemed to be registered for 12 months from the commencement day. (5) The Secretary, by notice in writing given to a body referred to in subclause (1), (2) or (3) within 12 months after the commencement day, may extend the period of deemed registration of the body to a period not exceeding 3 years from the commencement day. (6) Nothing in this clause prevents a body referred to in subclause (1), (2) or (3) from applying for a renewal of registration under section 50 of the new Act. 15 Departmental community services and secure welfare services (1) A community service established under section 57 of the old Act is deemed to be a community service established under section 44 of the new Act. (2) A secure welfare service established under section 57 of the old Act is deemed to be a secure welfare service established under section 44 of the new Act. 16 Notifications On the commencement day— (a) a notification made under section 64(1) of the old Act is deemed— (i) to be a report under section 183 of the new Act; and (ii) to have been determined under section 187 of the new Act to be a protective intervention report for the purposes of the new Act; (b) a notification made under section 64(1A) of the old Act is deemed— (i) to be a report under section 184 of the new Act; and (ii) to have been determined under section 187 of the new Act to be a protective intervention report for the purposes of the new Act. 17 Central register The central register established and maintained under section 65(1)(b) of the old Act is deemed to be the central register referred to in section 165 of the new Act. 18 Pre-hearing conferences (1) Despite the repeal of the old Act, sections 37A, 82A, 82B and 87(2) of the old Act continue in force until the date of commencement of Division 2 of Part 4.7 of the new Act as if the words and expressions in those sections had the same meanings as they have in the new Act. (2) On and from the commencement of Division 2 of Part 4.7 of the new Act, a reference in section 224 to a report of the convenor or convenors of a dispute resolution conference is deemed to include a reference to the convenor's report on a pre-hearing conference held under section 82A of the old Act. 19 Case plan A case plan prepared under section 120 of the old Act in respect of a child is deemed to be a case plan prepared under section 166 of the new Act in respect of the child. 20 State Guardianship Fund The State Guardianship Fund established under section 177 of the new Act is deemed to be the same fund as the State Guardianship Fund established under section 125 of the old Act. Division 4—Children and the criminal law 21 Youth Residential Board Any person who holds office as a member of the Youth Residential Board under the old Act immediately before the commencement day holds office as a member of that Board under and subject to the new Act for the duration of his or her appointment without further appointment. 22 Youth Parole Board Any person who holds office as a member of the Youth Parole Board under the old Act immediately before the commencement day holds office as a member of that Board under and subject to the new Act for the duration of his or her appointment without further appointment. 23 Corrective services A corrective service established under section 249 of the old Act and specified in Column 1 of the Table and existing immediately before the commencement day is deemed to be established under section 478 of the new Act as a corrective service specified opposite it in Column 2 of the Table. | *Column 1* | *Column 2* | | Remand centre | Remand centre | | Youth residential centre | Youth residential centre | | Youth training centre | Youth justice centre | | Youth supervision unit | Youth justice unit | 24 Superseded references On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind— (a) a reference to a probation officer, responsible officer or supervisor within the meaning of the old Act must be read as a reference to a youth justice officer; and (b) a reference to a youth supervision unit must be read as a reference to a youth justice unit; and (c) a reference to a youth training centre must be read as a reference to a youth justice centre; and (d) a reference to a youth training centre order must be read as a reference to a youth justice centre order. Part 3—Children, Youth And Families Act 2005 25 Registration of existing out of home carers (1) An out of home care service must notify the Secretary in writing within one month after the commencement day of each person who on the commencement day— (a) is approved by the out of home care service to act as a foster carer; or (b) is employed or engaged by the out of home care service— (i) as a carer for children; or (ii) as a provider of services to children (within the meaning of section 74 of the new Act) at an out of home care residence managed by the service. (2) A notice under this clause must include the prescribed information (if any). (3) The Secretary must record in the register of out of home carers the required information in respect of each person of whom notice is given under this clause as if the notice was given under Division 2 of Part 3.4 of the new Act. 26 Review of child care agreements (1) Despite anything to the contrary in section 139 of the new Act, that section applies in respect of a short-term child care agreement existing on the commencement day as if a reference in section 139(1)(a) to the end of the first 6 months of the agreement were a reference to the end of 12 months after the commencement day. (2) Despite anything to the contrary in section 152 of the new Act, that section applies in respect of a long-term child care agreement existing on the commencement day as if a reference in section 152(1)(b) to the end of the first 6 months of the agreement were a reference to the end of 12 months after the commencement day. 27 Reporting of child-care agreements (1) Despite section 159(a) of the new Act, a service provider existing on the commencement day in their first report under that section is required only to report on the number of child care agreements that the service provider has been a party to in the period since the commencement day. (2) The Secretary must first publish the details required under section 160 of the new Act by the end of 12 months after the commencement day. 28 Stability plans For the purposes of section 170 of the new Act, any period that a child is in out of home care before the commencement day is to be disregarded in calculating the required time for the preparation of a stability plan for that child. 29 Permanent care orders If a child is in out of home care on the commencement day, section 319 of the new Act applies as if for subsection (1)(a) there were substituted— "(a) the child's parent or, if the child's parent has died, the child's surviving parent had not had the care of the child for— (i) a period of at least 2 years commencing before the commencement day; or (ii) for periods that total at least 2 of the last 3 years commencing before the commencement day; or (iii) a period of at least 6 months commencing on the commencement day— whichever period or total period ends first; and". Part 4—Community Services Act 1970 30 Child care agreements (1) A child care agreement entered into under Division 1A of Part III of the **Community Services Act 1970** and existing immediately before the commencement day is deemed to be a short-term child care agreement within the meaning of Part 3.5 of the new Act. (2) A child care agreement entered into under Division 1B of Part III of the **Community Services Act 1970** and existing immediately before the commencement day is deemed to be a long-term child care agreement within the meaning of Part 3.5 of the new Act. (3) Part 3.5 of the new Act re-enacts with modifications Divisions 1A, 1B and 1C of Part III of the **Community Services Act 1970**. 31 Authorisations and agreements (1) An authorisation given under section 200A(1) of the **Community Services Act 1970** and existing immediately before the commencement day is deemed to be an authorisation given under section 25(1) of the new Act. (2) An agreement entered into in accordance with section 200A(2) of the **Community Services Act** **1970** and existing immediately before the commencement day is deemed to be an agreement entered into under section 26 of the new Act. 32 Superseded references to Community Services Act 1970 On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind a reference to the **Community Services Act** **1970**— (a) to the extent that the reference relates to a provision of the **Community Services Act** **1970** re-enacted (with or without modifications) in the **Children, Youth and Families Act 2005**, is deemed to be a reference to the **Children, Youth and Families Act 2005**; and (b) to the extent that the reference relates to any other provision of the **Community Services Act 1970**, is deemed to be a reference to the **Community Services (Attendance at School) Act 1970**. Part 5—Regulations 33 Transitional regulations (1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the new Act. (2) A provision mentioned in subclause (1) may be retrospective in operation to the commencement day or a day after the commencement day. (3) Regulations under this clause have effect despite anything to the contrary in any Act other than the new Act or in any subordinate instrument. Sch. 5 inserted by No. 61/2014 s. 154 (as amended by No. 20/2015 s. 48). Schedule 5—Transitional provisions relating to the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 Part 1—Preliminary (1) In this Schedule— ***amending Act*** means the **Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014**; ***new provision*** means a provision of this Act as in force on or after the relevant commencement day; ***old provision*** means a provision of this Act as in force before the relevant commencement day; ***relevant commencement day*** means— (a) in relation to Part 2 of this Schedule, the day on which the provisions of Part 2 of the amending Act come into operation; and (b) in relation to Part 3 of this Schedule, the day on which the provisions of Part 3 of the amending Act come into operation; and (c) in relation to Part 4 of this Schedule, the day on which the provisions of Part 5 of the amending Act come into operation. 2 General transitional provisions (1) This Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**. (2) If this Schedule provides that an old provision continues to apply to any matter or thing, then any regulation or other instrument having effect for the purposes of that provision also continues to apply to that matter or thing. Part 2—Protection orders 3 Protection orders—renaming An order specified in column 1 of the Table that was in force immediately before the relevant commencement day under the old provisions is taken on and after the relevant commencement day to be the corresponding order specified in column 2 of the Table. | Column 1 | Column 2 | | supervision order | family preservation order | | supervised custody order | family reunification order | | guardianship to Secretary order | care by Secretary order | | long-term guardianship to Secretary order | long-term care order | 4 Custody to Secretary orders A custody to Secretary order in force immediately before the relevant commencement day is taken on and after the commencement day to be— (a) in the case of a child who has been under a custody to Secretary order for less than 24 months at the relevant commencement day, a family reunification order; or (b) in the case of a child who has been under a custody to Secretary order for 24 months or more at the relevant commencement day, a care by Secretary order and any conditions on that order lapse on that day. 5 Custody to third party orders A custody to third party order in force immediately before the relevant commencement day continues in force for all purposes until its expiry as if the amendments made by Part 2 of the amending Act had not been enacted. 6 Interim protection orders An interim protection order in force immediately before the relevant commencement day continues in force for all purposes until the hearing date specified in the notice as if the amendments made by Part 2 of the amending Act had not been enacted. Sch. 5 Pt 2 cl. 6A inserted by No. 8/2016 s. 20.