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Children, Youth and Families Act 2005
592DApplication of this Part
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592D Application of this Part
This Part applies to a relevant historical care and protection order made by any court, including the several children's courts that existed immediately before the commencement of section 8 of the **Children and Young Persons Act 1989**.
S. 592E inserted by No. 42/2018 s. 35.
592E Effect of relevant historical care and protection order in relation to matters concerning convictions, findings of guilt or criminal history
(1) On and after the commencement of this section, the following have effect in relation to a relevant historical care and protection order.
(2) A relevant historical care and protection order is not to be treated as a conviction or finding of guilt for any purpose.
(3) A question about a person's criminal history (including one put in a legal proceeding and required to be answered under oath) is to be taken not to refer to a relevant historical care and protection order in respect of the person.
(4) A person is not required to disclose to any other person for any purpose (including when giving evidence under oath in a legal proceeding) information concerning a relevant historical care and protection order in respect of the person.
(5) In the application to a person of an Act, subordinate instrument or agreement—
(a) a reference to a conviction or a finding of guilt, however expressed, is to be taken not to refer to a relevant historical care and protection order in respect of the person; and
(b) a reference to the person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of a relevant historical care and protection order in respect of the person.
S. 592F inserted by No. 42/2018 s. 35.
592F Effect of relevant historical care and protection order in relation to an appointment, post, status or privilege
(1) On and after the commencement of this section, a relevant historical care and protection order, or disclosure of the existence of, or information included in, a relevant historical care and protection order, in respect of a person, is not proper ground for—
(a) refusing the person any appointment, post, status or privilege; or
(b) revoking any appointment, status or privilege held by the person; or
(c) dismissing the person from any post.
(2) If, before the commencement of this section, a person referred to in subsection (1)—
(a) was refused any appointment, post, status or privilege; or
(b) had any appointment, status or privilege revoked; or
(c) was dismissed from any post—
the person may re-apply, at any time, for the appointment, post, status or privilege irrespective of any minimum waiting period that would otherwise be required.
S. 592G inserted by No. 42/2018 s. 35.
592G Obligations of responsible agencies, other than Victoria Police, in relation to the release of official records and secondary records
A responsible agency, other than Victoria Police, must take all reasonable steps to ensure that an official record or a secondary record released by the responsible agency is accompanied with information that—
(a) addresses and corrects the apparent criminal nature of a relevant historical care and protection order; and
(b) states that a relevant historical care and protection order is not a conviction or a finding of guilt.
S. 592H inserted by No. 42/2018 s. 35.