Children, Youth and Families Regulations 2017 (Victoria)

Mechanically, the Children, Youth and Families Regulations 2017 (the Regulations) set out a large number of specific prescriptions required or permitted by the Children, Youth and Families Act 2005 (the Act). The Regulations identify classes of persons and bodies that fall within definitions in the Act, prescribe forms and information to be given or recorded, set procedural timeframes, and specify operational requirements for the secure welfare, youth justice and out‑of‑home care systems. The instrument is made under section 600 of the Act (reg 2) and commenced on 17 April 2017 (reg 3). Schedule 1 revokes earlier instruments listed there (reg 4). The version supplied incorporates amendments up to 3 September 2019 (front matter and Endnotes).

The Regulations do what subordinate regulations do: they convert broad statutory powers and placeholders in the Act into concrete, enforceable prescriptions. Examples include: naming classes of “information holder” (reg 6) and “service agency” (reg 7); listing prescribed matters to be considered before approving or employing foster carers and out‑of‑home carers (regs 9, 10, 13, 16, 18); setting what must be recorded in registers for unclothed searches, seizures, seclusion and isolation (regs 20(2), 21, 22, 32, 34(2), 35); specifying prohibited items in secure welfare and youth justice (regs 19, 33); prescribing forms for Suitability Panel processes and Court notices (reg 12, Schedules 2 and 4); and fixing administrative timeframes such as the annual report period for the Youth Parole Board (reg 29). The Regulations also reach into enforcement mechanics by defining which bodies are “specified agencies” or “enforcement agencies” for the purposes of infringement registration (regs 41-42), setting the minimum registrable amount ($10) (reg 44) and specifying what is, and is not, to be treated as a “prescribed provision” for issuing infringement notices (reg 43).

Version No. 007

Children, Youth and Families Regulations 2017

S.R. No. 19/2017

Version incorporating amendments as at
3 September 2019

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definitions 1

Part 2—Protective services 3

6 Prescribed information holder 3

7 Prescribed service agencies 4

8 Notice of proposal to appoint an administrator 5

9 Foster carers 5

10 Matters to be regarded before employing or engaging carers 6

11 Information on the register of out of home carers 7

12 Prescribed forms for matters before Suitability Panel 7

13 Prescribed matters for the approval of a person as a suitable person 8

13A Prescribed classes of mandatory reporter 8

14 Prescribed class of employees for the purposes of compulsory disclosure 9

15 Information relating to the placing of children in emergency care 9

16 Prescribed criteria for a report on the suitability of a person in respect of an interim accommodation order 10

17 Notice of direction given by the Secretary 10

18 Matters to be considered by a Court in making a permanent care order 10

Part 3—Secure welfare services 12

19 Article or thing not allowed in secure welfare services 12

20 Prescribed requirements for conducting searches 12

21 Prescribed requirements for seizure register 13

22 Particulars of use of seclusion to be recorded in register 14

Part 4—Corrective services 15

23 Remand in custody and placement of child—prescribed regions 15

24 Youth supervision orders—prescribed regions 15

25 Notice of suspension of service of youth supervision order 15

26 Notice of required attendance at a youth justice unit 15

27 Notice of suspension of service of youth attendance order 16

28 Prescribed forms for warrants 16

Part 5—Youth parole 17

29 Period within which the Youth Parole Board must submit its annual report 17

30 Terms and conditions of a youth parole order 17

Part 6—Miscellaneous 18

31 Approved dogs 18

32 Particulars of use of isolation to be recorded in register 18

33 Article or thing not allowed in youth justice facilities 18

34 Searches—persons entering, leaving or within youth justice facilities 18

34A Prescribed persons allowed to operate remotely piloted aircraft or helicopter 20

34B Searches—remotely piloted aircraft and helicopter ban 20

35 Prescribed requirements for seizure register 20

36 Article or thing not allowed in centres or units 21

37 Remission of sentences 21

38 Prescribed particulars for the issue of warrants in electronic form 22

39 Oath or affirmation of office 23

40 Supply of information by registrars and police 23

41 Specified agencies under section 582 23

42 Enforcement agencies 24

43 Infringement notice 24

44 Minimum registrable amount 24

45 CAYPINS forms 25

Schedule 1—Regulations revoked 26

Schedule 2—General forms 27

Schedule 3—Prescribed regions of the State 35

Schedule 4—Forms to be used in the Criminal Division of the Children's Court 36

Schedule 5 40

Schedule 6—CAYPINS forms 41

═════════════

Endnotes 50

1 General information 50

2 Table of Amendments 52

3 Amendments Not in Operation 53

4 Explanatory details 54

Version No. 007

Children, Youth and Families Regulations 2017

S.R. No. 19/2017

Version incorporating amendments as at
3 September 2019

Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe various matters required to be prescribed or permitted to be prescribed under the Children, Youth and Families Act 2005.

2 Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3 Commencement

These Regulations come into operation on 17 April 2017.

4 Revocations

The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

Council has the same meaning as in the Local Government Act 1989;

Reg. 5 def. of out of home care worker inserted by S.R. No. 147/2018 reg. 5.

out of home care worker means a person employed or engaged (other than on a voluntary basis) by an out of home care service—

(a) as a carer for children; or

(b) as a provider of services to carers for children or the children in their care;

Reg. 5 def. of school counsellor inserted by S.R. No. 147/2018 reg. 5.

school counsellor means a person employed or engaged (other than on a voluntary basis) to provide direct support to school students, at or directly connected with a school, for mental, emotional or psychological wellbeing;

staff member in charge means the General Manager in charge of the Victorian Secure Welfare Services in the Department of Health and Human Services;

the Act means the Children, Youth and Families Act 2005;

Victoria Legal Aid means the body established under section 3 of the Legal Aid Act 1978.

Part 2—Protective services

6 Prescribed information holder

For the purposes of paragraph (n) of the definition of information holder in section 3(1) of the Act, the following classes of persons are prescribed—

(a) a person in charge of a body that receives funding from the Secretary under a State contract to provide family violence services;

(b) a person in charge of a local government program, other than a program provided by a registered community service, that—

(i) provides services to meet the needs of children requiring care, support, protection, and accommodation; and

(ii) provides services to meet the needs of families requiring support;

(c) a person in charge of a body that receives funding from the Secretary under a State contract to provide parenting assessment and skills development services;

(d) a person in charge of a body that receives funding from the Secretary under a State contract to provide sexual assault support services;

(e) a person in charge of a body that receives funding from the Secretary under a State contract to provide placement support services to children in out of home care;

(f) a person in charge of a disability service provider entered in the register kept under section 46 of the Disability Act 2006;

Reg. 6(g) amended by S.R. No. 8/2018 reg. 4(a).

(g) a person in charge of a registered provider of supports under the National Disability Insurance Scheme Act 2013 of the Commonwealth;

Reg. 6(h) inserted by S.R. No. 8/2018 reg. 4(b).

(h) an employee of Family Safety Victoria, an Administrative Office established by Order in Council under section 11 of the Public Administration Act 2004 dated 20 June 2017 and published in the Government Gazette on 22 June 2017.

7 Prescribed service agencies

For the purposes of paragraph (f) of the definition of service agency in section 3(1) of the Act, the prescribed bodies and classes of bodies are—

(a) a body that receives funding from the Secretary under a State contract to provide family violence services; and

(b) a Council that is not registered as a community service but is established to provide services to meet the needs of children requiring care, support, protection or accommodation and of families requiring support; and

(c) a body that receives funding from the Secretary under a State contract to provide parenting assessment and skills development services; and

(d) a body that receives funding from the Secretary under a State contract to provide sexual assault support services; and

(e) a body that receives funding from the Secretary under a State contract to provide placement support services to children in out of home care; and

Reg. 7(f) amended by S.R. No. 8/2018 reg. 5(a).

(f) a body that provides a service under the National Disability Insurance Scheme Act 2013 of the Commonwealth; and

Reg. 7(g) inserted by S.R. No. 8/2018 reg. 5(b).

(g) Family Safety Victoria, an Administrative Office established by Order in Council under section 11 of the Public Administration Act 2004 dated 20 June 2017 and published in the Government Gazette on 22 June 2017.

8  Notice of proposal to appoint an administrator

For the purposes of section 67(2)(a) of the Act, the prescribed form of notice is set out in Form 1 of Schedule 2.

9 Foster carers

For the purposes of section 75(1) of the Act, the prescribed matters that an out of home care service must have regard to before approving a person to act as a foster carer for the service are—

(a) any criminal record and criminal history of the person; and

(b) the medical history of the person, including psychiatric health; and

(c) the capacity of the person to provide stability and continuity of care and promote achievement of the permanency objective in the child's case plan; and

(d) the capacity of the person to promote and protect a child's safety, wellbeing and development; and

(e) the capacity of the person to provide appropriate support for the maintenance of a child's religious faith (if any); and

(f) the capacity of the person to preserve a child's identity and connection to the child's culture of origin and relationships with the child's birth family; and

(g) the person's appreciation of the importance of contact with a child's birth parent and family; and

(h) the capacity of the person to develop a positive relationship and to work collaboratively with child protection services, registered out of home care services and professional providers of services to children; and

(i) the person's general character; and

(j) the person's relationship with family members and household members; and

(k) any criminal records and the criminal history of other usual members of the person's household.

10 Matters to be regarded before employing or engaging carers

For the purposes of section 76(1) of the Act, the prescribed matters that an out of home care service must have regard to before employing or engaging a person to act as a carer are—

(a) the person's criminal record and criminal history; and

(b) the person's medical, including psychiatric, health; and

(d) the person's capacity to provide stability, continuity and support for the permanency objective for a child; and

(e) the person's capacity to promote and protect a child's safety, wellbeing and development; and

(f) the person's capacity to provide appropriate support for the maintenance of a child's religious faith; and

(g) the person's capacity to preserve a child's identity and connection to the child's culture of origin and relationships with the child's birth family; and

(h) the person's appreciation of the importance of contact with a child's birth parent and family; and

(i) the person's capacity to develop positive relationships and work collaboratively with a child's family; and

(j) the person's capacity to develop a positive relationship and work collaboratively with child protection services, community services and professional providers of services to children; and

(k) the person's general character.

11 Information on the register of out of home carers

For the purposes of section 80(2)(g) of the Act, the prescribed information is—

(a) whether the out of home carer is an aboriginal person; and

(b) gender.

12 Prescribed forms for matters before Suitability Panel

(1) For the purposes of section 96(2)(a) of the Act, the prescribed form is Form 2 in Schedule 2.

(2) For the purposes of section 104(2)(a) of the Act, the prescribed form is Form 3 in Schedule 2.

(3) For the purposes of section 110(2) of the Act, the prescribed form is Form 4 in Schedule 2.

(4) For the purposes of section 111(2)(a) of the Act, the prescribed form is Form 5 in Schedule 2.

13 Prescribed matters for the approval of a person as a suitable person

For the purposes of section 148(3) of the Act, the prescribed matters are—

(a) any criminal record and criminal history of the person; and

(b) the previous history of the person as a carer of children; and

(d) any criminal record and criminal history of the usual members of the person's household; and

(e) the person's general character.

Reg. 13A inserted by S.R. No. 147/2018 reg. 6.

13A Prescribed classes of mandatory reporter

For the purposes of section 182(1)(l) of the Act, the following classes are prescribed—

(a) out of home care workers;

(b) school counsellors;

14 Prescribed class of employees for the purposes of compulsory disclosure

For the purposes of section 194(1) of the Act, employees of the Department of Health and Human Services who are classified at—

(a) executive (Level 1, Level 2 and Level 3); or

(b) child protection practitioner Grade 5 and 6 (inclusive)—

are in a prescribed class of employees.

15 Information relating to the placing of children in emergency care

For the purposes of sections 242(1) and 247A(1) of the Act, the prescribed information is—

(a) the name, work address, work telephone number and position title of the protective intervener; and

(b) that the child is being placed in emergency care under section 241 or 247A of the Act, as the case requires; and

(d) the time, date and location of the Court hearing under section 242(2) or 247A(2) of the Act or hearing before a bail justice under section 242(3) or 247A(3) of the Act; and

(e) the address and telephone number of Victoria Legal Aid.

16 Prescribed criteria for a report on the suitability of a person in respect of an interim accommodation order

For the purposes of section 263(6) of the Act, the prescribed criteria are—

(a) any criminal record and criminal history of the person; and

(b) the previous history of the person as a carer of children; and

(d) any criminal record and criminal history of the usual members of the person's household.

17 Notice of direction given by the Secretary

For the purposes of section 282(2) of the Act, the notice of direction is in the prescribed form if it is in the form of Form 6 in Schedule 2.

18 Matters to be considered by a Court in making a permanent care order

For the purposes of section 319(1)(c)(i) of the Act, the prescribed matters are—

(a) the health, including medical and psychiatric health, of the person; and

(b) the skills and experience of the person; and

(c) the capacity of the person to provide stability and continuity of care for the duration of the permanent care order; and

(d) the capacity of the person to promote and protect the child's safety, wellbeing and development for the duration of the permanent care order; and

(e) the capacity of the person to provide appropriate support for the maintenance of the child's religious faith (if any); and

(f) the capacity of the person to preserve the child's identity and connection to the child's culture of origin and relationships with the child's birth family; and

(g) the person's appreciation of the importance of—

(i) contact with the child's birth parent and family; and

(ii) exchange of information about the child with the child's birth parent and family; and

(h) the person's general character including any criminal history; and

(i) the person's relationship with other household and family members and any criminal records and history of the household members.

Part 3—Secure welfare services

19 Article or thing not allowed in secure welfare services

For the purposes of section 72F(2)(a)(v) of the Act, lighters, matches, cigarettes and other tobacco products and unauthorised electronic equipment are things not allowed in secure welfare services.

20 Prescribed requirements for conducting searches

(1) For the purposes of section 72F(3)(c) of the Act, the prescribed requirements are that a staff member carrying out a search—

(a) must ensure that the search is not conducted by more staff members than are reasonably necessary to ensure the safety of the staff members and the person being searched; and

(b) in the case of an unclothed search—

(i) must conduct the search in a private place or an area that provides reasonable privacy for the child resident being searched; and

(ii) subject to section 72D(3) of the Act, must not touch the child resident's body; and

(iii) must allow the child resident to dress in private immediately after the search is finished; and

(iv) if an item of clothing is seized from a child resident during a search, must provide the child resident with appropriate clothing to wear; and

(v) must enter information in a register in accordance with subregulation (2).

(2) The staff member in charge must establish and maintain a register that includes the following information in relation to each unclothed search carried out—

(a) the name of the child resident who is subjected to the unclothed search;

(b) the name and position of the person who caused the unclothed search to be conducted;

(d) the date and time the unclothed search was conducted;

(e) the name and gender of all staff members present at any time during the unclothed search;

(f) details of any article or thing seized during the unclothed search.

21 Prescribed requirements for seizure register

(1) For the purposes of section 72I(2) of the Act, the prescribed information is—

(a) the name of the person from whom the article or thing was seized (if known); and

(b) the date and time of the seizure; and

(d) details of the discovery of the article or thing; and

(e) the name and signature of the staff member who seized the article or thing; and

(f) details of the manner in which the article or thing was dealt with.

(2) For the purposes of section 72N(2) of the Act, the prescribed details to be recorded in the seizure register are—

(a) the date, time and manner of disposal; and

(b) the name and position of the person who endorsed the disposal; and

22 Particulars of use of seclusion to be recorded in register

For the purposes of section 72P(6) of the Act, the prescribed particulars are—

(a) the name of the child resident secluded; and

(b) the time and date seclusion commenced; and

(d) the name and position of the person who authorised the seclusion; and

(e) the frequency of staff supervision and observation; and

(f) the time and date of release from seclusion.

Part 4—Corrective services

23 Remand in custody and placement of child—prescribed regions

Reg. 23(1) amended by S.R. No. 53/2018 reg. 6(1).

(1) For the purposes of sections 346(3)(b) and 347(1) of the Act, the municipal districts of the Councils referred to in Schedule 3 are prescribed regions of the State.

Note to reg. 23(1) amended by S.R. No. 53/2018 reg. 5(1).

Note

See also section 10A(6)(b)(ii) of the Bail Act 1977.

Reg. 23(2) amended by S.R. No. 53/2018 reg. 5(2).

(2) For the purposes of section 347(1) of the Act, in a region of the State prescribed under subregulation (1), a child may by order of a Court or bail justice be placed in a police gaol if the period of remand is not more than 2 working days.

Reg. 23(3) inserted by S.R. No. 53/2018 reg. 6(2).

(3) For the purposes of section 347(1A) of the Act, a child may be detained in a police gaol if the proper venue of the Court is in a region of the State prescribed under subregulation (1) and the period of detention is not more than 2 working days.

24 Youth supervision orders—prescribed regions

For the purposes of section 387(2)(a) of the Act, the prescribed region is the whole of the State.

25 Notice of suspension of service of youth supervision order

For the purposes of section 390(1) of the Act, the prescribed form is Form 1 in Schedule 4.

26 Notice of required attendance at a youth justice unit

For the purposes of section 402(2) of the Act, the prescribed form is Form 2 in Schedule 4.

27 Notice of suspension of service of youth attendance order

For the purposes of section 403(1) of the Act, the prescribed form is Form 3 in Schedule 4.

28 Prescribed forms for warrants

A warrant for the purposes of section 460(5)(a) of the Act must be in the form of Form 4 in Schedule 4.

Part 5—Youth parole

29 Period within which the Youth Parole Board must submit its annual report

For the purposes of section 452(1) of the Act, the prescribed period is 1 July to 31 October each year.

30 Terms and conditions of a youth parole order

For the purposes of section 458(4) of the Act, the prescribed terms and conditions are—

(a) the parolee must not break any law; and

(b) the parolee must be supervised by a parole officer; and

(d) the parolee must report as and when reasonably directed by the parolee's parole officer; and

(e) the parolee may be interviewed by the parolee's parole officer at any reasonable time and place that the parole officer directs; and

(f) the parolee must advise the parolee's parole officer within 2 days after the change if the parolee changes address; and

(g) the parolee must not leave Victoria without the written permission of the Youth Parole Board.

Part 6—Miscellaneous

31 Approved dogs

For the purposes of the definition of approved dog in section 482A of the Act, a dog is an approved dog if it has completed a training programme approved by the Secretary or the Secretary to the Department of Justice and Regulation in the previous 12 months.

32 Particulars of use of isolation to be recorded in register

For the purposes of section 488(6) of the Act, the prescribed particulars are—

(a) the name of the person isolated; and

(b) the time and date isolation commenced; and

(d) the authorising officer's name and position; and

(e) the frequency of staff supervision and observation; and

(f) the time and date of release from isolation.

33 Article or thing not allowed in youth justice facilities

For the purposes of section 488AD(3)(a)(v) of the Act, lighters, matches, cigarettes and other tobacco products and unauthorised electronic equipment are things not allowed.

Reg. 34 (Heading) substituted by S.R. No. 5/2018 reg. 4.

34 Searches—persons entering, leaving or within youth justice facilities

(1) For the purposes of section 488AD(6)(c) of the Act, the prescribed requirements are that an officer carrying out a search—

(a) must ensure that the search is not conducted by more officers than reasonably necessary to ensure the safety of the officers and the person being searched; and

(b) in the case of a unclothed search—

(i) must conduct the search in a private place or an area that provides reasonable privacy for the detainee being searched; and

(ii) subject to section 488AC(3) of the Act, must not touch the detainee's body; and

(iii) must allow the detainee to dress in private immediately after the search is finished; and

(iv) if an item of clothing is seized from a detainee, must provide the detainee with appropriate clothing to wear; and

(v) must enter information in a register in accordance with subregulation (2).

(2) The officer in charge must establish and maintain a register that includes the following information in relation to each unclothed search carried out—

(a) the name of the detainee who is subjected to the unclothed search;

(b) the reason for the unclothed search;

(d) the name and gender of all officers present at any time during the unclothed search;

(e) details of any article or thing seized during the unclothed search.

Reg. 34A inserted by S.R. No. 5/2018 reg. 5.

34A Prescribed persons allowed to operate remotely piloted aircraft or helicopter

For the purposes of section 488DB(1) of the Act, a person employed by the Department of Justice and Regulation and acting in the course of their employment is a prescribed person.

Reg. 34B inserted by S.R. No. 5/2018 reg. 5.

34B Searches—remotely piloted aircraft and helicopter ban

(1) For the purposes of section 488DD(6) of the Act, a search of a person must—

(a) be done by either or both—

(i) a frisk search conducted only by an officer of the same sex as the person being searched; or

(ii) a screening search; and

(b) not be conducted by more officers than reasonably necessary to ensure the safety of the officers and the person being searched.

Note

Frisk search and screening search are defined in section 482A of the Act.

(2) For the purposes of section 488DD(6) of the Act, a search of a vehicle must be conducted by an officer examining the exterior and interior of the vehicle.

35 Prescribed requirements for seizure register

(1) For the purposes of section 488F(2) of the Act, the prescribed information is—

(a) the name of the person from whom the article or thing was seized (if known); and

(b) the date and time of the seizure; and

(d) details of the discovery of the article or thing; and

(e) the name and signature of the officer who seized the article or thing; and

(f) details of the manner in which the article or thing was dealt with.

(2) For the purposes of section 488GD(2) of the Act, the prescribed details to be recorded in the seizure register are—

(a) the date, time and manner of disposal; and

(b) the name and position of the officer in charge or person authorised by the officer in charge in respect of the disposal; and

36 Article or thing not allowed in centres or units

For the purposes of section 501(1)(b)(iv) of the Act, money is a thing not allowed.

Reg. 37 substituted by S.R. No. 75/2019 reg. 3.

37 Remission of sentences

(1) The Secretary to the Department of Justice and Community Safety is responsible for the management of the remission of any sentence of a person undergoing detention in a youth residential centre or youth justice centre in accordance with this regulation.

(2) The Secretary must only grant the remission of any sentence of a person undergoing detention in a youth residential centre or youth justice centre if—

(a) the person has been sentenced to less than 6 months and the Youth Parole Board does not consider the person to be appropriate for parole; and

(b) the person does not have another unexpired sentence that is for a term of 6 months or more; and

(d) the remission and release of the person from custody would not be reasonably likely to place the person or another person at serious risk.

(3) A period of remission under subregulation (2) must not exceed one-third of the period of time for which the person is required to be detained under any sentence imposed by a Court being remitted.

38 Prescribed particulars for the issue of warrants in electronic form

For the purposes of section 528B of the Act, the following particulars are prescribed in the case of a warrant to arrest—

(a) the name, address (if known) and, to the extent specified by the person issuing the warrant, any other details of the person to be arrested;

(b) the reasons for issuing the warrant, including any relevant charges;

(d) what powers are granted to the person empowered to execute the warrant;

(e) the legislative provision under which the warrant is issued;

(f) if endorsed for bail, the conditions that would be imposed on the granting of bail;

(g) the date and location of issue of the warrant;

(h) the name and office of the person issuing the warrant.

39 Oath or affirmation of office

(1) For the purposes of section 542EA(1) of the Act, the prescribed form of an oath or affirmation of office for a judicial registrar is set out in Schedule 5.

(2) An oath or affirmation of office for a judicial registrar must be administered by the President or the Chief Magistrate.

40 Supply of information by registrars and police

For the purposes of section 544(2) of the Act, the prescribed manner of supplying information is—

(a) personal service; or

(b) e-mail; or

(d) orally; or

(e) post.

41 Specified agencies under section 582

For the purposes of section 582(1)(b) of the Act, a person or body described or specified in Schedule 17 to the Infringements Regulations 2016 is a specified agency.

42 Enforcement agencies

For the purposes of paragraph (c) of the definition of enforcement agency in clause 2 of Schedule 3 to the Act, a person or body or class of person or body described or specified in Schedule 2 to the Infringements Regulations 2016 is a prescribed person or body or class of person or body (as the case requires).

43 Infringement notice

(1) Subject to subregulation (2), for the purposes of the definition of infringement notice in clause 2 of Schedule 3 to the Act, prescribed provision means a provision of an Act, statutory rule, local law or subordinate instrument of a kind specified in paragraph (a), (b) or (c) of that definition under which an infringement notice may be issued.

(2) A provision referred to in subregulation (1) is not a prescribed provision to the extent that an offence under that provision is—

(a) prescribed as a non-lodgeable infringement offence under the Infringements Act 2006; or

(b) in a prescribed class of non-lodgeable infringement offences under the Infringements Act 2006; or

(c) on and from the commencement of
section 3 of the Fines Reform Act 2014, a non-registrable infringement offence within the meaning of that Act; or

(d) under a local law, other than a parking infringement.

44 Minimum registrable amount

The amount specified for the purposes of clause 4(3) of Schedule 3 to the Act is $10.00.

45 CAYPINS forms

(1) For the purposes of clause 3(1)(a) of Schedule 3 to the Act, a document must be in the form of and contain the details required by Form 1 of Schedule 6.

(2) For the purposes of clause 3(1)(b) of Schedule 3 to the Act, the prescribed form is Form 2 of Schedule 6.

(3) For the purposes of clause 5(1) of Schedule 3 to the Act, the prescribed form is Form 3 of Schedule 6.

(4) For the purposes of clause 6(4) of Schedule 3 to the Act, the prescribed form is Form 4 of Schedule 6.

(5) For the purposes of clause 9(1) of Schedule 3 to the Act, the prescribed form is Form 5 of Schedule 6.

Schedule 1—Regulations revoked

Regulation 4

S.R. No.	Title
21/2007	Children, Youth and Families Regulations 2007
159/2009	Children, Youth and Families Amendment Regulations 2009
67/2010	Children, Youth and Families Amendment Regulations 2010
105/2010	Children, Youth and Families Further Amendment Regulations 2010
152/2011	Children, Youth and Families Amendment Regulations 2011
35/2012	Children, Youth and Families Amendment Regulations 2012
140/2013	Children, Youth and Families Amendment Regulations 2013
91/2014	Children, Youth and Families Amendment Regulations 2014
160/2014	Children, Youth and Families Amendment (Judicial Registrar Oath and Affirmation of Office) Regulations 2014
27/2016	Children, Youth and Families Amendment (Bail) Regulations 2016
72/2016	Children, Youth and Families Amendment Regulations 2016

Schedule 2—General forms

Form 1

Regulation 8

Children, Youth and Families Act 2005

(Section 67(2)(a))

Notice of Proposal to Appoint an Administrator

To— [insert name of registered community service]

of— [insert full address of registered community service]

I give notice of the proposal that the Governor in Council appoint an administrator of the registered community service named in this notice under section 68 of the Children, Youth and Families Act 2005.

Date—

[Signature]

Minister for Families and Children
Delete if not applicable.

Form 2

Regulation 12(1)

Children, Youth and Families Act 2005

(Section 96(2)(a))

Notice of Referral to Suitability Panel

To the Chairperson

Notice is given of a referral of the matter described below to the Suitability Panel under Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 (the Act).

Decision of the Secretary in relation to the report of the investigation—

[Set out decision of Secretary]

Reasons for that decision—

[Set out reasons for decision]

A copy of the report of the investigation is attached.

(Attach copy of report)

Name and contact details of relevant officer at the Department of Health and Human Services—

Form 3

Regulation 12(2)

Children, Youth and Families Act 2005

(Section 104(2)(a))

Notice to Person of Hearing by Suitability Panel

To— [insert name of person]

By Notice dated [date of notice of referral to Suitability Panel] a matter under Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 (the Act) the Secretary has referred the matter below for a hearing by the Suitability Panel under section 96 of the Act.

Time and place of the hearing

Date—

Time—

Place—

Allegation

The following allegation was referred to the Suitability Panel by the Secretary to the Department of Health and Human Services—

[set out allegation]

Notice given by the Secretary

A copy of the notice of referral to the Suitability Panel given by the Secretary under section 96 of the Act accompanies this notice in accordance with section 104(2)(h) of the Act.

Nature of hearing

The Suitability Panel will conduct the hearing and determine the matter. The Panel will be constituted by the Chairperson and two other members.

Subject to Part 3.4 of the Act and the Children, Youth and Families Regulations 2017, the procedure of the Panel is in its discretion. The proceedings of the Panel must be conducted with as little formality and technicality as the requirements of Part 3.4 of the Act and the proper consideration of the matter permit. The Panel is not bound by the rules of evidence.

The Panel is bound by the rules of natural justice.

You are entitled to be present, to make submissions and to be legally represented.

The Secretary is entitled to be present, to make submissions and to be legally represented.

The hearing will not be open to the public.

Findings that can be made by the Suitability Panel

The Suitability Panel can find that you have or have not on the balance of probabilities, physically or sexually abused the child.

If the Suitability Panel finds that you have physically or sexually abused the child, the Panel must make a finding of misconduct against you.

If the Suitability Panel determines that the allegation is not proved, the Panel must state that fact and that no finding of misconduct has been made against you.

If the Suitability Panel makes a finding of misconduct against you, the Panel must determine on the balance of probabilities whether or not you pose an unacceptable risk of harm to children.

If the Suitability Panel finds that you pose an unacceptable risk of harm to children, the Panel must find that you should be disqualified from registration. This finding results in disqualification under Part 3.4 of the Act.

If the Suitability Panel finds that you do not pose an unacceptable risk of harm to children, the Panel must state that fact and that no finding of disqualification has been made against you.

Right to review the finding or determination of the Suitability Panel

If you disagree with a finding or the determination of the Suitability Panel, you may apply for a review by the Victorian Civil and Administrative Tribunal.

An application to the Victorian Civil and Administrative Tribunal must be made within 28 days after the day on which you are given notice of the Suitability Panel's decision, or if you have requested a statement of reasons for the finding—

(a) within 28 days after the day on which you are given a statement of reasons; or

(b) you are informed that a statement of reasons will not be given.

[Name]

Executive Officer

Suitability Panel

Date—

Form 4

Regulation 12(3)

Children, Youth and Families Act 2005

(Section 110(2))

Application to Suitability Panel for Removal of Disqualification

Details of Applicant—

Title—

Full name—

Residential address—

Postal address (if different)—

Gender (*Male/*Female)—

Date of birth—

Telephone—is a text telephone required? *Yes/*No

Interpreter required— *Yes/*No (if yes, please specify the language)

Date you were disqualified by the Suitability Panel—

The following section must be completed by the applicant—

State the reasons why you believe your disqualification should be removed—

Set out how your circumstances have changed since you were disqualified and why you no longer pose an unacceptable risk of harm to children—

If this application is being made before the end of the 12 month period since you were disqualified, please explain the exceptional circumstances.

Attach photocopies of any documents or references in support of your application (e.g. medical reports, counselling reports, employment history, training records).

Signature—

Date—

Delete if not applicable.

Form 5

Regulation 12(4)

Children, Youth and Families Act 2005

(Section 111(2)(a))

Notice to Parties of Hearing by Suitability Panel of Application for Removal of Disqualification

To— The Applicant

The Secretary

An application dated [insert date] under section 110(2) of the Children, Youth and Families Act 2005 (the Act) was made to the Suitability Panel to remove the disqualification from registration of the applicant, a disqualified person.

Time and place of the hearing

Date—

Time—

Place—

Nature of hearing

The Suitability Panel will conduct the hearing and determine the matter. The Panel will be constituted by the Chairperson and two other members.

The procedure of the Panel is in its discretion and is conducted with as little formality and technicality as the requirements of Part 3.4 of the Act permit.

The Panel is not bound by the rules of evidence.

The Panel is bound by the rules of natural justice.

The applicant and the Secretary are parties to the hearing. The parties are entitled to be present, to make submissions and to be legally represented.

The hearing will not be open to the public.

Findings that can be made by the Suitability Panel

The Suitability Panel must determine, on the balance of probabilities, whether the applicant should continue to be disqualified or have the disqualification removed.

If the Suitability Panel finds that the applicant's disqualification from registration should be removed, the applicant will no longer be disqualified under Part 3.4 of the Act.

Right to review the determination of the Suitability Panel

If either of the parties disagrees with a finding or the determination of the Suitability Panel, they may request a review by the Victorian Civil and Administrative Tribunal. An application to the Victorian Civil and Administrative Tribunal must be made within 28 days after the day on which the party is given notice of the Suitability Panel's decision, or if the party has requested a statement of reasons for the finding—

(a) within 28 days after the day on which the party receives a statement of reasons; or

(b) the party is informed that a statement of reasons will not be given.

[Name]

Executive Officer

Suitability Panel

Date—

Delete if not applicable.

Form 6

Regulation 17

Children, Youth and Families Act 2005

(Section 282(2))

Notice of Direction

I, [insert name of Secretary], Secretary to the Department of Health and Human Services, in consideration of the best interests of [insert name of child] direct under section 282(2) of the Children, Youth and Families Act 2005—

[name of child or parent of the child or person with whom the child is living]

to— [insert direction]

Signature of Secretary

Date—

Sch. 3 amended by S.R. No. 53/2018 reg. 7.

Schedule 3—Prescribed regions of the State

Regulation 23

Children, Youth and Families Act 2005

(Sections 346(3)(b) and 347(1) and (1A))

Alpine Shire Council	Loddon Shire Council
Ararat Rural City Council	Macedon Ranges Shire Council
Ballarat City Council	Mansfield Shire Council
Bass Coast Shire Council	Mildura Rural City Council
Baw Baw Shire Council	Mitchell Shire Council
Benalla Rural City Council	Moira Shire Council
Borough of Queenscliffe	Moorabool Shire Council
Buloke Shire Council	Mount Alexander Shire Council
Campaspe Shire Council	Moyne Shire Council
Central Goldfields Shire Council	Murrindindi Shire Council
Colac–Otway Shire Council	Northern Grampians Shire Council
Corangamite Shire Council	Pyrenees Shire Council
East Gippsland Shire Council	South Gippsland Shire Council
Gannawarra Shire Council	Southern Grampians Shire Council
Glenelg Shire Council	Strathbogie Shire Council
Golden Plains Shire Council	Surf Coast Shire Council
Greater Bendigo City Council	Swan Hill Rural City Council
Greater Geelong City Council	Towong Shire Council
Greater Shepparton City Council	Wangaratta Rural City Council
Hepburn Shire Council	Warrnambool City Council
Hindmarsh Shire Council	Wellington Shire Council
Horsham Rural City Council	West Wimmera Shire Council
Indigo Shire Council	Wodonga City Council
Latrobe City Council	Yarriambiack Shire Council

Schedule 4—Forms to be used in the Criminal Division of
the Children's Court

Form 1

Regulation 25

Children, Youth and Families Act 2005

(Section 390(1))

Notice of Suspension of Service of Youth Supervision Order

To [name]

of [address]

On [insert date of sentencing], at the [insert name and address of court], you were placed on a youth supervision order for a period of [insert number] weeks.

A special condition of this order is that—

[insert condition if any]

As you are currently in custody in [insert name of prison/remand centre/youth justice centre/youth residential centre] the service of your youth supervision order has been suspended under section 390 of the Children, Youth and Families Act 2005.

Your order is due to recommence on [insert date and time] when you must report to [insert name of relevant manager or responsible officer, including address and telephone number].

Your order is now due to be completed on [insert date].

Name and signature of Secretary [Signature]

[Name]

Date—

Form 2

Regulation 26

Children, Youth and Families Act 2005

(Section 402(2))

Notice of Required Attendance at a Youth Justice Unit

To [insert full name of person]

of [insert full address of person]

You are required to attend the [insert name] Youth Justice Unit at [insert address and telephone number] on the following days at the following times for [insert number of hours]:

(a) from *a.m./p.m. (starting time) to a.m./p.m. (finishing time)

each [insert day of the week]

for [insert number of hours]

; and

(b) from *a.m./p.m. (starting time) to a.m./p.m. (finishing time)

each [insert day of the week]

for [insert number of hours]

; and

each [insert day of the week]

for [insert number of hours]

for a total of [insert number of hours per week—maximum of 10 hours]

commencing on [insert date].

Date—

Name and signature of relevant manager or responsible officer—

[Signature]

[Name]

Delete if not applicable.

Form 3

Regulation 27

Children, Youth and Families Act 2005

(Section 403(1))

Notice of Suspension of Service of Youth Attendance Order

To [insert full name of person]

of [insert address of person]

On [insert date of sentencing], at the [insert name and address of court], you were placed on a youth attendance order for a period of [insert number] weeks at [insert name of youth justice unit].

A special condition of this order is that—

[insert condition if any]

As you are currently in custody in [insert name of prison/remand centre/youth justice centre/youth residential centre] the service of your youth attendance order has been suspended under section 403 of the Children, Youth and Families Act 2005.

Your order is due to recommence on [insert date and time] when you must report to [insert name of relevant manager or responsible officer, including address and telephone number].

Your order is now due to be completed on [insert date].

Name and signature of Secretary [Signature]

[Name]

Date—

Form 4

Regulation 28

Children, Youth and Families Act 2005

(Section 460(5)(a))

Warrant for Apprehension and Return to *Youth Residential Centre/*Youth Justice Centre

To [name of a police officer or other officer to be authorised]

Parolee details—

Surname of parolee—

Given names of parolee—

Date of birth—

Convicted of [insert conviction]

The parolee was released on parole on [insert date] by an order of the Youth Parole Board dated [insert date].

The Youth Parole Board on [insert date] cancelled the parole.

You are authorised by this warrant to apprehend and return the parolee to the officer in charge of the *youth residential centre/*youth justice centre at [insert address].

Signed—

(*Secretary to/member of the Youth Parole Board)

Date—

Delete if not applicable.

Schedule 5

Regulation 39

OATH OF OFFICE OF JUDICIAL REGISTRAR

I, [Full name], swear by Almighty God (or the person may name a god recognised by the person's religion) that, as a judicial registrar of the Children's Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

AFFIRMATION OF OFFICE OF JUDICIAL REGISTRAR

I, [Full name], solemnly and sincerely declare and affirm that, as a judicial registrar of the Children's Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

Schedule 6—CAYPINS forms

Form 1

Regulation 45(1)

Children, Youth and Families Act 2005

(Schedule 3 clause 3(1)(a))

Infringement Penalty for Registration

[Name of Enforcement Agency] seeks to have the infringement penalty, as detailed below, registered.

DETAILS OF CHILD

Surname— Other Names—

Date of birth—

Address—

Suburb— Postcode—

DETAILS OF INFRINGEMENT NOTICE

Description of offence—

*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/*Commonwealth Act or any Act of another State or a Territory or any subordinate instrument under such an Act that applies as a law of Victoria/*Code—

Infringement Notice No.—

Time of offence— Date of offence–—

Place of offence— Date of Issue of Infringement
Notice—

VEHICLE DETAILS (if relevant)

Registration number— State of issue (Registration)—

*Licence/*Permit number— Vehicle class—

State of issue (*Licence/*Permit)—

ENFORCEMENT AGENCY DETAILS

Title or name of issuing officer—

Enforcement Agency—

Address—

PENALTY/INSTALMENT DETAILS

The original infringement penalty was—[insert amount].

The amount that has been paid is—[insert amount].

The amount to be registered (including $ [insert amount] costs) is— [insert amount].

(The amount to be registered consists of the original infringement amount minus any amount previously paid to the Enforcement Agency (whether or not pursuant to a payment plan), plus any prescribed costs.)

*EXTENSION OF TIME DETAILS

This infringement penalty is to be registered more than 6 months from the date of the offence for the following reason—

*The registrar has cancelled the registration and remitted the infringement notice to the enforcement agency under clause 6(5)(b) or 8(3)(a) of Schedule 3 to the Children, Youth and Families Act 2005.

Date of cancellation:

*The Court has cancelled the infringement notice under Part 3 of Schedule 3 to the Children, Youth and Families Act 2005 and a new infringement notice has been served on the child.

Date of cancellation:

*A person has nominated the child for an offence committed under the Road Safety Act 1986, the Melbourne City Link Act 1995 or the EastLink Project Act 2004.

Date on which the infringement notice was served on the child:

*A nomination for an offence committed under the Road Safety Act 1986, the Melbourne City Link Act 1995 or the EastLink Project Act 2004 was made and has subsequently been cancelled under section 84BF(1) of the Road Safety Act 1986 so that the liability has reverted to the child.

Date of cancellation:

*The offence is against section 204 of the EastLink Project Act 2004 or section 73 of the Melbourne City Link Act 1995.

Date of service of infringement notice:

*A payment plan applies to the child in respect of the offence and the child has defaulted on a payment in respect of the offence.

Date of default:

*A payment plan applies to the child in respect of the offence and the child has removed the infringement penalty and any prescribed costs in respect of the infringement offence from the plan.

Date of removal:

*A payment plan applies to the child in respect of the offence and the child has cancelled that plan.

Date of cancellation:

*An infringement notice has been reviewed under Division 3 of Part 2 of the Infringements Act 2006 and advice of the outcome of the review has been served on the child under section 24(3) of that Act.

Date of service:

Delete if not applicable.

NOTES—

This form can be replicated for each additional penalty/instalment.

Form 2

Regulation 45(2)

Children, Youth and Families Act 2005

(Schedule 3 clause 3(1)(b))

Certificate for Registration of Infringement Penalty

I, [Name] , an appropriate officer of [Name of Enforcement Agency] certify that in respect of the child or each child referred to in each document provided under clause 3(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005 with this certificate, the penalty indicated in the document is the prescribed penalty and the following requirements and any other prescribed requirements have been satisfied—

(a) an infringement notice has been served on the child;

(b) a penalty reminder notice has been served on the child after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid;

(d) the infringement penalty and any prescribed costs had not been paid, whether in full or in part, before this certificate was issued;

(e) if a payment plan under the Infringements Act 2006 applies to the child in relation to the infringement penalty, the child has defaulted in making a payment under the payment plan and a specified amount still remains to be paid under that payment plan;

(f) if a part payment of the infringement penalty and prescribed costs has been made (otherwise than under a payment plan under the Infringements Act 2006) but no further payment has been made and a specified amount still remains to be paid;

(g) the child has not, under Part 2 of the Infringements Act 2006 elected to have the matter of the infringement offence heard and determined in the Court;

(h) a charge-sheet in relation to the offence has not been filed;

(i) a charge-sheet may still be filed in relation to the offence;

(j) if the infringement notice was served under section 87 of the Road Safety Act 1986, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence;

(k) if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence;

(l) if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995 the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence;

(m) if the infringement notice was issued in respect of an offence under section 204 of the EastLink Project Act 2004 the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence.

Signed on behalf of the Enforcement Agency by—

Appropriate Officer—

Print Name—

Date—

Delete if not applicable.

Form 3

Regulation 45(3)

Children, Youth and Families Act 2005

(Schedule 3 clause 5(1))

Cancellation of Registration of an Infringement Penalty

Infringement No.—

Date—

Enforcement agency—

Child's name—

Address—

To the registrar of the Children's Court at [venue]

The enforcement agency in this matter requests that you cancel the registration of the infringement penalty identified by this form.

Signed on behalf of the
enforcement agency by—

Name—

Date—

Form 4

Regulation 45(4)

Children, Youth and Families Act 2005

(Schedule 3 clause 6(4))

Application for Order that Payment of Registered Amount Not be Enforced

Registration No.—

Date of registration—

Child's name—

Date of birth—

Address—

Description of offence—

Place of offence—

Date of offence—

Enforcement agency—

Registered amount— $

I, [name of child], apply to the registrar of the Children's Court of Victoria for an order that payment of the above registered amount not be enforced.

Details of my employment, school attendance and personal and financial circumstances are as follows—

I have already provided details in writing to the registrar of my employment, school attendance and personal and financial circumstances.

I am aware that a copy of this application together with any information provided under clause 6(3) of Schedule 3 to the Children, Youth and Families Act 2005 will be provided to the enforcement agency that issued the infringement notice if an order is made that payment of the above registered amount not be enforced.

Signed—

Name—

Date—

Delete if not applicable.

Form 5

Regulation 45(5)

Children, Youth and Families Act 2005

(Schedule 3 clause 9(1))

Notice of Enforcement Order

COURT REFERENCE NUMBER—

DATE OF REGISTRATION—

DETAILS OF CHILD

Surname— Other Names—

Date of Birth—

Address—

Suburb— Postcode—

DETAILS OF INFRINGEMENT NOTICE

Description of offence—

*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/ *Commonwealth Act or subordinate instrument that applies as a law of Victoria/*Code—

Infringement Notice No.—

Time of offence— Date of offence—

Place of offence— Date of Issue of Infringement Notice—

ENFORCEMENT AGENCY DETAILS

Title or name of issuing officer—

Enforcement Agency—

Address—

DETAILS OF ORDER

On [date] , at [venue] the following orders were made—

Dated—

for registrar

Failure to make the payment required in this order or to make an application to the registrar (see Notes) may result in further proceedings in the Children's Court.

Methods of payment [insert details].

WARNING:
DO NOT IGNORE THIS NOTICE OR MORE SERIOUS PENALTIES MAY BE IMPOSED.

Notes:

(1) Under clause 7 of Schedule 3 to the Children, Youth and Families Act 2005 you may apply to the registrar of the Children's Court at [venue] for one or more of the following—

(a) an order that the time within which the registered amount is to be paid be extended;

(b) an order that the registered amount be paid by instalments;

(2) If this order requires you to make any payment, you have 28 days after the date of this notice to apply in writing to the Court for a review of the registrar's order.

═════════════

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.

The Children, Youth and Families Regulations 2017, S.R. No. 19/2017 were made on 12 April 2017 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 600 of the Children, Youth and Families Act 2005, No. 96/2005 and came into operation on 17 April 2017: regulation 3.

The Children, Youth and Families Regulations 2017 will sunset 10 years after the day of making on 12 April 2027 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Children, Youth and Families Regulations 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Children, Youth and Families Amendment (Remotely Piloted Aircraft and Helicopter Ban) Regulations 2018, S.R. No. 5/2018

Date of Making:	30.1.18
Date of Commencement:	1.2.18: reg. 3

Children, Youth and Families Amendment Regulations 2018, S.R. No. 8/2018

Date of Making:	6.2.18
Date of Commencement:	26.2.18: reg. 3

Children, Youth and Families Amendment (Bail) Regulations 2018, S.R. No. 53/2018

Date of Making:	15.5.18
Date of Commencement:	Reg. 5 on 21.5.18: reg. 3(1); regs 6, 7 on 1.7.18: reg. 3(2)

Children, Youth and Families Further Amendment Regulations 2018, S.R. No. 147/2018

Date of Making:	2.10.18
Date of Commencement:	3.10.18: reg. 3

Children, Youth and Families Amendment (Remission of Sentences) Regulations 2019, S.R. No. 75/2019

Date of Making:	3.9.19
Date of Commencement:	3.9.19

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.

1 Children, Youth and Families Regulations 2017

Version No. 007

Children, Youth and Families Regulations 2017

S.R. No. 19/2017

Version incorporating amendments as at
3 September 2019

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definitions 1

Part 2—Protective services 3

6 Prescribed information holder 3

7 Prescribed service agencies 4

8 Notice of proposal to appoint an administrator 5

9 Foster carers 5

10 Matters to be regarded before employing or engaging carers 6

11 Information on the register of out of home carers 7

12 Prescribed forms for matters before Suitability Panel 7

13 Prescribed matters for the approval of a person as a suitable person 8

13A Prescribed classes of mandatory reporter 8

14 Prescribed class of employees for the purposes of compulsory disclosure 9

15 Information relating to the placing of children in emergency care 9

16 Prescribed criteria for a report on the suitability of a person in respect of an interim accommodation order 10

17 Notice of direction given by the Secretary 10

18 Matters to be considered by a Court in making a permanent care order 10

Part 3—Secure welfare services 12

19 Article or thing not allowed in secure welfare services 12

20 Prescribed requirements for conducting searches 12

21 Prescribed requirements for seizure register 13

22 Particulars of use of seclusion to be recorded in register 14

Part 4—Corrective services 15

23 Remand in custody and placement of child—prescribed regions 15

24 Youth supervision orders—prescribed regions 15

25 Notice of suspension of service of youth supervision order 15

26 Notice of required attendance at a youth justice unit 15

27 Notice of suspension of service of youth attendance order 16

28 Prescribed forms for warrants 16

Part 5—Youth parole 17

29 Period within which the Youth Parole Board must submit its annual report 17

The Regulations are structured around discrete operational concepts that plug into the Act. The main concepts, as expressed and limited by the Regulations, are:

Prescribed information holders and service agencies (regs 6-7). Reg 6 prescribes classes of persons to be “information holders” for paragraph (n) of that definition in s 3(1) of the Act; the list includes bodies funded by the Secretary to provide family violence services, parenting assessment services, sexual assault support, placement support for out‑of‑home care, disability service providers under the Disability Act 2006, registered National Disability Insurance Scheme providers, and employees of Family Safety Victoria (reg 6(a)-(h)). Reg 7 prescribes the corresponding class of “service agencies” under paragraph (f) of the definition in s 3(1) of the Act, and mirrors many of the same classes while explicitly adding family violence contract recipients, councils providing child and family programs, NDIS service providers, and Family Safety Victoria (reg 7(a)-(g)).
Out‑of‑home care approvals and suitability (regs 9-13, 16, 18). The Regulations list the prescribed matters that an out‑of‑home care service must have regard to when approving a foster carer (reg 9) or when employing a carer (reg 10), including criminal history checks, medical and psychiatric health, capacity to provide stability and promote permanency, capacity to protect safety and wellbeing, capacity to preserve cultural identity and family contact, household members’ criminal histories, and general character (regs 9(a)-(k), 10(a)-(k)). Reg 13 prescribes factors for approval as a “suitable person” (reg 13(a)-(e)). Reg 16 prescribes criteria for reports on suitability in relation to interim accommodation orders (reg 16(a)-(d)). Reg 18 lists matters a Court must consider in making a permanent care order (reg 18(a)-(i)). These provisions operationalise the Act’s welfare‑assessment and suitability processes.
Mandatory reporting classes (reg 13A). For the purposes of s 182(1)(l) of the Act, the Regulations prescribe out‑of‑home care workers, school counsellors and youth justice custodial workers as classes of mandatory reporter (reg 13A(a)-(c)). The Regulation thus identifies particular occupational classes as falling within the statutory reporting regime.
Secure welfare and youth justice operational rules (Parts 3 and 6). The Regulations list prohibited items in secure welfare and youth justice settings, including lighters, matches, cigarettes, other tobacco products and unauthorised electronic equipment (regs 19, 33). They set out detailed requirements for conducting searches in secure welfare services and youth justice facilities, including limits on the number of staff present, privacy for unclothed searches, prohibition on touching the person’s body subject to statutory exceptions, provision of clothing, and mandatory recording of specified particulars in a register (regs 20(1)-(2), 34(1)-(2), 34B). They also prescribe particulars to be recorded for use of seclusion (reg 22) and isolation (reg 32).
Seizure and disposal registers (regs 21, 35). The Regulations prescribe the information that must be recorded when articles are seized (name, date/time, description, discovery details, seizing officer’s name and signature, and how the item was dealt with), and the details required for disposal endorsement (reg 21(1)(a)-(f), 21(2); reg 35(1)-(2) repeat similar prescriptions for youth justice).
Forms, notices and templates (reg 8, 12, 17, Schedules 2, 4, 6). The Regulations prescribe the form of a notice of proposal to appoint an administrator (Form 1, Schedule 2), a suite of forms for Suitability Panel matters (Forms 2-5, Schedule 2), a prescribed Notice of Direction by the Secretary (Form 6, Schedule 2), forms for suspension of youth supervision or attendance orders and warrants for apprehension (Schedule 4), and the CAYPINS infringement registration forms in Schedule 6 with detailed fields (reg 45 and Schedule 6).
Youth parole and correctional details (regs 23-30, 37, 38). The Regulations prescribe regions for remand and placement in police gaols (Schedule 3 and reg 23), make the whole state the prescribed region for youth supervision orders where relevant (reg 24), fix the Youth Parole Board’s annual report period (reg 29), set mandatory parole conditions and reporting requirements (reg 30(a)-(g)), and set criteria for remission of sentences (reg 37).
Infringement and enforcement architecture (regs 41-45). The Regulations refer to the Infringements Regulations 2016 to define specified agencies (reg 41) and enforcement agencies (reg 42), prescribe what counts as a “prescribed provision” for issuing infringement notices but exclude classes of non‑lodgeable or non‑registrable offences and certain local laws (reg 43), and set the minimum registrable amount for registration under the Act at $10 (reg 44). Reg 45 prescribes forms and processes for CAYPINS (Court Access to Youth Penalties Information Network) infringement registration.
Inter‑legislative cross‑references. The Regulations make repeated cross‑references to other statutory schemes that interact with the Act, including the Disability Act 2006, the National Disability Insurance Scheme Act 2013, the Public Administration Act 2004, the Bail Act 1977, the Infringements Act 2006, the Road Safety Act 1986, the Melbourne City Link Act 1995, the EastLink Project Act 2004 and the Fines Reform Act 2014 (see regs 6, 7, 23 note, 41-43, Schedule 6 forms).

Together, these concepts convert statutory policy into operational obligations: who is captured by definitions, what must be recorded and how, what forms must be used, and which behaviours are prohibited or constrained inside secure and youth justice settings.

The Regulations affect a broad and heterogeneous set of public bodies, contracted service providers, front‑line workers, legal actors and children themselves. The instrument's text identifies these persons and bodies explicitly in many places; the following lists who is drawn into the regulatory regimes and by what mechanism.

The Secretary and Departmental officers. The Regulations repeatedly designate the Secretary (or the Secretary to specific departments) as an actor with duties and powers: Form 6 (Schedule 2) records the Secretary's authority to issue directions under s 282 of the Act (reg 17 and Form 6); reg 37 assigns the Secretary to the Department of Justice and Community Safety responsibility for remission of sentences. Officers in charge or staff members in charge in secure welfare and youth justice facilities are explicitly tasked with maintaining registers for searches and seizures (regs 20(2), 21, 34(2), 35).
Registered community services and out‑of‑home care services. These bodies are captured as service agencies (reg 7) or are subject to notice processes under the Act (reg 8 Form 1). Out‑of‑home care services must have regard to prescribed matters when approving foster carers and employing carers (regs 9-10). They are directly affected by register and reporting requirements arising from searches, seizures and seclusion of children in their care (regs 20-22).
Foster carers, prospective carers, and household members. The Regulations prescribe exactly what matters must be considered before approving a foster carer (reg 9) and the matters for approving a “suitable person” (reg 13). The criminal records and criminal histories of household members must be considered (regs 9(k), 13(d), 16(d), 18(i)). People applying for removal of disqualification or seeking a Suitability Panel review are addressed by the forms in Schedule 2 (Forms 3-5).
Out‑of‑home care workers, school counsellors and youth justice custodial workers. These occupational classes are designated as prescribed classes of mandatory reporters under reg 13A(a)-(c). That means these categories are treated as the classes referenced in s 182(1)(l) of the Act.
Family Safety Victoria and other agencies in Schedule references. Regs 6(h) and 7(g) add Family Safety Victoria as an information holder and service agency respectively. Disability service providers registered under the Disability Act 2006 and NDIS registered providers are prescribed as information holders (reg 6(f)-(g)) and service agencies (reg 7(f)). Councils providing child and family programs are included as service agencies (reg 7(b)).
Youth parolees and detained young people. The Regulations prescribe parole terms and reporting duties for parolees (reg 30) and set the YPB’s reporting period (reg 29). They govern detention placement regions and remit limited periods (reg 23 and Schedule 3), prohibitions on items in secure welfare and youth justice environments (regs 19, 33), and detailed requirements on searches, seclusion and isolation (regs 20, 22, 32, 34, 34B).
Police and enforcement agencies. The Regulations prescribe particulars for the contents of warrants in electronic form (reg 38), the officers authorised to act in relation to some warrants (Schedule 4, Form 4), and import enforcement agency definitions from the Infringements Regulations 2016 (regs 41-42). Reg 34B prescribes who may operate remotely piloted aircraft in youth justice facilities, limiting it to Department of Justice and Regulation employees operating in the course of employment (reg 34A).
Judicial registrars and courts. Reg 39 prescribes the oath or affirmation form for judicial registrars (Schedule 5) and requires the oath to be administered by the President or Chief Magistrate (reg 39(2)). The Regulations supply forms and templates for Court interactions (Schedules 2 and 4) and set the procedural framework for Suitability Panel referral notices (reg 12 and Schedule 2 Forms 2-5).
Enforcement agencies and registrars handling infringements. Regs 41-45 prescribe how infringement notices and registrations operate, who may lodge them, what is excluded (reg 43(2)) and the minimum registrable amount (reg 44). Schedule 6 contains CAYPINS forms that enforcement agencies and registrars will use.
Legal aid providers and VCAT. The Regulations require certain notices to include contact details for Victoria Legal Aid in emergency placements (reg 15(e)), and the Suitability Panel forms notify persons of their right to apply to the Victorian Civil and Administrative Tribunal for review within 28 days (Schedule 2, Forms 3 and 5).
Children and their birth families. While the Regulations are operational rather than declaratory of children's rights, many of the prescriptive matters directly concern children: emergency care notices (reg 15), requirements for preserving a child's identity and culture in carer approvals (regs 9(e)-(g), 10(f)-(h), 18(e)-(g)), and mandatory reporting classes that affect how suspected harm to children is escalated (reg 13A).

Each group identified above is affected by specific provisions. The Regulations both expand which entities fall within statutory categories (information holders, service agencies, enforcement agencies) and specify operational procedures that materially alter behaviour at the point of care, enforcement, or adjudication (registers, searches, forms and notices). The Regulations therefore shift administrative burdens and decision points onto Secretaries, officers in charge, contracted providers and front‑line staff, while also shaping the information flows that involve councils, NDIS providers and Family Safety Victoria.

The Regulations convert many statutory duties into catalogue‑style prescriptions and impose rights via prescribed notification and review mechanisms. The chief duties and rights the instrument creates or specifies are the following, with references to the precise provisions:

Duties

Maintain specified registers and record prescribed particulars. The officer or staff member in charge must establish and maintain registers for unclothed searches in secure welfare services (reg 20(2): name of child, who caused the search, reason, date/time, staff names/genders, items seized); for seizures (reg 21(1): name, date/time, description, discovery details, seizing officer’s name and signature, and how the item was dealt with; and reg 21(2) for disposal details); for seclusion (reg 22: name, start time/date, reason, authoriser, supervision frequency and release time/date) and for isolation (reg 32: similar particulars). Reg 34(2) and reg 35 mirror these duties for youth justice facilities.
Consider prescribed matters when approving carers and suitable persons. Out‑of‑home care services must have regard to the matters in reg 9 before approving a foster carer (criminal and medical histories, capacity to promote permanency, preserve cultural identity, support contact with birth family, household criminal histories and general character). Employers must consider the matters in reg 10 before engaging carers. Courts must consider reg 18 matters in making permanent care orders.
Use prescribed forms and give prescribed notices. The Secretary must use the prescribed form for a notice of proposal to appoint an administrator (reg 8, Form 1, Schedule 2). Notices to persons of referral to the Suitability Panel, hearings, and applications for removal of disqualification are governed by Forms 2-5 in Schedule 2 (reg 12). Notices for suspension of youth supervision/attendance orders and warrants must use prescribed forms in Schedule 4 (regs 25-28). The Secretary’s Notice of Direction must be in Form 6 (reg 17, Schedule 2).
Follow specified search and seizure procedures. A staff member conducting a search in secure welfare must limit the number of staff present to what is reasonably necessary, conduct unclothed searches in private, not touch the child’s body subject to statutory exceptions, allow redressing and supply clothing where required, and record the event (reg 20(1)-(2)). The same basic constraints apply to searches in youth justice facilities (reg 34).
Supply information in prescribed manner. Registrars and police may supply information by personal service, email, fax, orally or by post (reg 40).
Ensure offences and infringement processing follow prescribed rules. Enforcement agencies must use the CAYPINS forms and satisfy the certification requirements set out in reg 45 and Schedule 6 when registering infringement penalties. Reg 43 requires that only certain provisions qualify as “prescribed provision” for infringement notices and excludes offences that are non‑lodgeable, non‑registrable under the Fines Reform Act 2014 or local laws (other than parking) (reg 43(1)-(2)).
For remission of sentences: the Secretary to the Department of Justice and Community Safety is responsible for remission decisions and may grant remission only where the person meets the specific eligibility criteria in reg 37(2)(a)-(d), and remission cannot exceed one‑third of the sentence (reg 37(1)-(3)).

Rights and procedural protections

Natural justice and review rights in Suitability Panel matters. Schedule 2 Forms 3-5 notify persons that the Suitability Panel is bound by natural justice, may operate informally and is not bound by rules of evidence, that parties can be legally represented, are entitled to make submissions, and have a right to apply to the Victorian Civil and Administrative Tribunal within 28 days of notice of a decision or receipt of reasons (reg 12 and Schedule 2 Forms 2-5).
Right to receive certain particulars when children are placed in emergency care. Reg 15 prescribes that notices must include the name, work address, telephone number and position of the protective intervener, that the child is being placed in emergency care under section 241 or 247A, a contact person for the child's wellbeing, time/date/location of the next Court hearing, and Victoria Legal Aid contact details (reg 15(a)-(e), and reg 15 references the Act’s sections).
Right to prescribed warrant particulars when warrants are issued electronically. Reg 38 prescribes the particulars that must appear in an electronic warrant to arrest (name/address/other details, reasons and charges, whether the warrant is directed to named or general police, powers granted, legislative provision, bail endorsement conditions, date/location/issuing officer) (reg 38(a)-(h)).
Access to Victoria Legal Aid contact information. As above, Form 15(e) requires contact details for Victoria Legal Aid to be supplied in emergency care placements (reg 15(e)).
Appeal and review timeframes. Suitability Panel decisions and determinations are subject to review applications to VCAT within 28 days (Schedule 2 Forms 3, 5). The CAYPINS and registrar processes also provide avenues to apply to the registrar for orders regarding registered amounts (Schedule 6 Forms 4 and 5 notes).

Observations about duty design. The Regulations move many decision points away from open‑ended discretion and into definitional and procedural boxes: what to record in registers, which factors to consider in assessments, the form of notices and the permissible conduct during searches and disposals. That reduces ambiguity for compliance monitoring but creates mandatory administrative tasks, training needs and potential legal risk if forms or registers omit prescribed particulars.

The Regulations themselves do not create criminal penalties; their enforcement mechanisms are administrative and procedural, tied primarily to the Act’s enforcement architecture and the Victorian infringements system. The Regulations clarify which offences and infringement instruments are registrable and how registration and enforcement are to be processed.

Key enforcement‑related mechanisms and constraints in the Regulations are:

Definition of enforcement and specified agencies. Reg 41 specifies that persons or bodies described in Schedule 17 to the Infringements Regulations 2016 are “specified agencies” under s 582 of the Act. Reg 42 prescribes that persons or bodies described in Schedule 2 to the Infringements Regulations 2016 are “enforcement agencies” for the Act (regs 41-42). Those cross‑references mean enforcement powers and infringement procedures rest on the Infringements Regulations 2016 list; the Regulations effectively delegate the selection of enforcement agencies to that separate instrument.
What can be an “infringement notice” and what is excluded. Reg 43(1) defines “prescribed provision” for the purposes of the Act’s definition of infringement notice, but reg 43(2) explicitly excludes provisions that are prescribed as non‑lodgeable under the Infringements Act 2006, non‑registrable under the Fines Reform Act 2014, or local laws other than parking (reg 43(2)(a)-(d)). That limits registration options and preserves exclusions already present in the infringements framework. The consequence is a gatekeeping function that determines whether an offence can be progressed by infringement notice and then by registration in the Children's Court.
Minimum registrable amount. Reg 44 sets the minimum registrable amount for the purposes of Schedule 3 clause 4(3) of the Act at $10.00. This is an explicit floor that affects whether small monetary infringements can be registered and enforced via the Children’s Court process.
CAYPINS forms and certification. Reg 45 prescribes the forms and certification process that enforcement agencies must use to register infringement penalties against a child (Schedule 6 Forms 1-5). The Certificate for Registration (Schedule 6 Form 2) requires an appropriate officer of the enforcement agency to certify that prescribed procedural steps have been taken before registration (service of the infringement notice, service of penalty reminder, at least 28 days passing, non‑payment, default under a payment plan where relevant, that a charge sheet has not yet been filed but may be filed, and other specified matters), thereby creating administrative preconditions and an evidentiary checklist for registration.
Warrants and arrest particulars. Reg 38 prescribes the particulars that must appear in electronic warrants to arrest (reg 38(a)-(h)). These prescriptions impose procedural standards on issuing officers and clarify what must be present for authorised execution of warrants.
Remission controls. Reg 37 sets strict eligibility rules for remission of sentences for persons detained in youth residential centres or youth justice centres, and vests responsibility with the Secretary to the Department of Justice and Community Safety (reg 37(1)-(3)). This regulatory gatekeeper role is an administrative control on early release and thus an enforcement‑adjacent power.
Search and seizure recording. The requirements to record details of searches, seizures, seclusion and isolation (regs 20(2), 21, 22, 32, 34(2), 35) create evidentiary records that may be relevant to internal discipline, external scrutiny, administrative reviews, or court proceedings. Failure to comply with these record‑keeping prescriptions could expose an agency or officer to administrative consequences under the Act or other review mechanisms, even though the Regulations do not itself list a penalty for failing to maintain the registers.

Mechanically, the Regulations embed most enforcement action through administrative routes,registration of infringement penalties, execution of warrants, and departmental remission processes,rather than by creating new offences or penalties within the Regulations themselves. The practical enforcement risk for regulated bodies arises from failing to follow the specified administrative processes (forms, registers, certifications), which can affect the validity of enforcement steps such as registration of an infringement or the procedural propriety of searches and detention measures.

The Regulations are primarily a subordinate instrument to the Children, Youth and Families Act 2005, but they explicitly import and reference a suite of other statutes and subordinate instruments. The dynamics of those interactions are visible in the text and produce practical points for compliance and legal coordination.

Direct cross‑references and their functional consequences

Disability Act 2006 and NDIS Act 2013 (regs 6(f)-(g), 7(f)). The Regulations prescribe disability service providers entered on the Disability Act 2006 register and registered providers under the National Disability Insurance Scheme Act 2013 as information holders and/or service agencies (regs 6(f)-(g), 7(f)). This cross‑reference pulls federally regulated NDIS providers and state‑registered disability services into the information‑sharing and service‑agency framework under the Act, thereby creating interoperability obligations between child protection architecture and disability service systems.
Public Administration Act 2004 (regs 6(h), 7(g)). Family Safety Victoria, an Administrative Office established by Order in Council under s 11 of the Public Administration Act 2004, is prescribed as an information holder and service agency. This picks up the particular institutional form of Family Safety Victoria and makes it a part of the Act’s operational fold.
Bail Act 1977 (reg 23 note). Reg 23’s note points to the Bail Act 1977 s 10A(6)(b)(ii), which signals that remand and custody placements governed by the Regulations should be read with the Bail Act’s venue rules. Reg 23 prescribes regions (Schedule 3) that determine where a child may be placed and for how long in police gaol (two working days under reg 23(2) and (3)).
Infringements Act 2006, Fines Reform Act 2014 and Infringements Regulations 2016 (regs 41-43). The Regulations rely on the Infringements Regulations 2016 to specify “specified agencies” and “enforcement agencies” (regs 41-42). Reg 43 limits the ambit of “prescribed provision” by excluding provisions already categorised as non‑lodgeable or non‑registrable under the Infringements Act and Fines Reform Act (reg 43(2)(a)-(c)). The CAYPINS forms in Schedule 6 integrate procedural elements required by the Infringements Act for serving, reminding and registering infringement penalties.
Road Safety Act 1986, Melbourne City Link Act 1995, EastLink Project Act 2004 (Schedule 6 Forms and reg 45). The CAYPINS certification interacts with provisions in these Acts where liability may be assigned to a “responsible person” or nomination provisions are engaged (Schedule 6 Form 2). The forms explicitly require that certification steps account for these cross‑Act nomination structures and for cancellation scenarios under the Road Safety Act.
Subordinate Legislation Act 1994 (Endnotes). The Endnotes note the instrument will sunset ten years from the day of making under s 5 of the Subordinate Legislation Act 1994 (Endnotes 1). The Endnotes also record amendment history and provide interpretative notes under the Interpretation of Legislation Act context.

Operational interaction risks and coordination points

Data and confidentiality interfaces. By prescribing new classes as information holders (reg 6), the Regulations expand the set of entities entitled to access or obliged to provide information as contemplated by the Act. That creates coordination needs with privacy, health records, disability service records, and contract obligations between the Secretary and service providers. The Regulations themselves do not restate privacy obligations, so compliance requires reading the Act’s information‑sharing provisions alongside sectoral privacy laws and contractual terms.
Procedural overlap with criminal and tribunal processes. The Suitability Panel’s informal procedures (Schedule 2 forms) and VCAT review rights must be reconciled with the criminal division processes of the Children’s Court when charges or allegations overlap with Suitability Panel matters. Schedule 4 contains forms for the Criminal Division of the Children’s Court, indicating that the Regulations anticipate interplay between administrative suitability processes and criminal adjudication.
Enforcement and collection interplay. The interaction between the Act’s registration and enforcement processes and the Infringements Act/Fines Reform Act means that enforcement agencies, registrars and courts must coordinate across three instruments to ensure infringement offences are properly classed, notices served, reminder periods observed, and registration thresholds met (reg 43 and reg 45/Schedule 6).
Aviation and surveillance controls. The 2018 amendments (regs 34A-34B) regulate the operation of remotely piloted aircraft in youth justice facilities and prescribe persons allowed to operate such devices (reg 34A) and the search constraints when aircraft are used for surveillance (reg 34B). These rules create a statutory interface between departmental aviation operations and privacy/search rules.

In short, the Regulations function as a node tying the Act to a broad administrative and legal ecosystem. Compliance therefore requires reading the Regulations alongside the Act and the named statutes (Disability Act, NDIS Act, Public Administration Act, Bail Act, Infringements Act, Fines Reform Act, Road Safety Act and the city‑link Acts) and the Infringements Regulations 2016.

The Regulations include an express Table of Amendments in the Endnotes and multiple inline annotations indicating where later statutory rules inserted or amended provisions. The document as supplied incorporates amendments to 3 September 2019. The amendment history recorded in the Endnotes identifies the following statutory rules that amended the Regulations:

Children, Youth and Families Amendment (Remotely Piloted Aircraft and Helicopter Ban) Regulations 2018, S.R. No. 5/2018. Date of making 30 January 2018; commencement 1 February 2018 (Endnotes Table). This instrument inserted regs 34A (prescribed persons allowed to operate remotely piloted aircraft or helicopter) and 34B (searches,remotely piloted aircraft and helicopter ban), and substituted reg 34 heading (see notes to reg 34A and 34B). The amendments therefore added aviation‑related controls in youth justice facilities.
Children, Youth and Families Amendment Regulations 2018, S.R. No. 8/2018. Date of making 6 February 2018; commencement 26 February 2018 (Endnotes Table). This instrument amends reg 6(g) and reg 7(f) to insert references to NDIS registered providers and services. The result was to incorporate NDIS providers into the “information holder” and “service agency” categories (reg 6(g), reg 7(f)).
Children, Youth and Families Amendment (Bail) Regulations 2018, S.R. No. 53/2018. Date of making 15 May 2018; Commencement: staggered (Endnotes Table). This instrument amended reg 23(1)-(3) and Schedule 3 to update the list of prescribed regions and to align remand placement rules with the Bail Act references (reg 23 and Schedule 3). It also changed commences for some parts (reg 5 and 6, 7).
Children, Youth and Families Further Amendment Regulations 2018, S.R. No. 147/2018. Date of making 2 October 2018; commencement 3 October 2018 (Endnotes Table). These amendments inserted definitions for “out of home care worker” and “school counsellor” into reg 5, added reg 13A prescribing classes of mandatory reporters (out‑of‑home care workers, school counsellors, youth justice custodial workers), and amended earlier forms provisions (see reg 5 notes and reg 13A insertion).
Children, Youth and Families Amendment (Remission of Sentences) Regulations 2019, S.R. No. 75/2019. Date of making 3 September 2019; commencement 3 September 2019 (Endnotes Table). This instrument substituted reg 37 to define remission of sentences criteria and reallocate responsibility to the Secretary to the Department of Justice and Community Safety for remission of sentences in youth residential or youth justice centres (reg 37 substituted by S.R. No. 75/2019 reg 3).

Inline amendment markers in the text identify where specific paragraphs or wording were added or amended by those S.R. numbers (for example, reg 5 def. insertions by S.R. No. 147/2018 reg 5; reg 6(g) amended by S.R. No. 8/2018; reg 7(f) amended by S.R. No. 8/2018; regs 23(1) and (2) amended by S.R. No. 53/2018 regs 5-6; reg 34 heading substituted by S.R. No. 5/2018 reg 4; regs 34A and 34B inserted by S.R. No. 5/2018 reg 5).

The Endnotes also state the Regulations were made on 12 April 2017 by the Lieutenant‑Governor as the Governor’s deputy and came into operation on 17 April 2017 (Endnotes 1). The Endnotes remark the Regulations will sunset 10 years after making on 12 April 2027 pursuant to section 5 of the Subordinate Legislation Act 1994.

There are no amendments recorded as “Not in Operation” at the time of the version supplied (Endnotes 3). Explanatory details entries in the Endnotes are blank at this publication date (Endnotes 4).

For practitioners, the amendment history has practical consequences: recent inserts extended the regulatory perimeter to NDIS providers and added aviation and remission controls; other additions formalised mandatory reporter classes. Those changes changed compliance responsibilities for a range of actors and are reflected by marginal notes and explicit amendments in the body of the Regulations.

The Regulations as supplied do not record any litigation history, and the text does not cite cases. The Endnotes and Schedules do not list judicial decisions, statutory interpretations or reported litigation arising from these Regulations. The instrument is a subordinate statutory rule: its legal effects and potential disputes would arise in the usual ways,through administrative review, tribunal appeals (for example VCAT where Suitability Panel matters are reviewed, Schedule 2 Forms 3 and 5), or judicial review/challenges in the Supreme Court or other courts on questions of law or administrative process,but none of those are recorded within the Regulations text itself.

Practitioners seeking authorities construing particular regulatory prescriptions (for example, the search constraints in reg 20 or the effect of prescribing an information holder in reg 6) will need to search external case law and tribunals for decisions that interpret the Act and the Regulations together. The Regulations do, however, set out the procedural paths for internal administrative decisions that are reviewable,most directly the Suitability Panel decisions that are expressly subject to VCAT review within 28 days as set out in Schedule 2 Forms 3 and 5. Where factual or legal disputes arise about the application of the Regulations,such as adequacy of records in required registers, propriety of searches or the proper certification for infringement registration,the record‑keeping prescriptions in the Regulations will be central evidence in any review or litigation.

In short, the Regulations do not themselves report or create litigation history; they rather define the administrative and procedural requirements that will form the basis of any subsequent legal challenges.

The Regulations appear straightforward in form, but several practical pitfalls and compliance traps flow directly from the precise language. These are concrete issues to flag for practitioners and compliance officers, with the relevant regulatory hooks cited.

Registers require specific fields and a responsible officer. Multiple regs require the officer or staff member in charge to establish and maintain registers with precise fields: unclothed search registers (reg 20(2)), seizure registers (reg 21(1) and reg 35(1)), seclusion (reg 22), isolation (reg 32), and unclothed search registers in youth justice (reg 34(2)). Failure to capture a prescribed field (for example, staff genders or signatures) may render the record non‑compliant because the Regulation prescribes the particulars to be recorded.
Overlapping obligations where criminal history of household members is required. Regs 9(k), 10, 13(d), 16(d) and 18(i) require criminal record checks or consideration of household members’ records. Practical difficulties arise when prospective carers or household members refuse consent, or records are held in other jurisdictions. The Regulations require consideration of those records; they do not set out alternative procedures if information cannot be obtained.
Expansion of information holders and service agencies brings non‑traditional agencies into child‑protection information flows. Regs 6 and 7 extend “information holder” and “service agency” status to bodies funded under State contracts and to NDIS providers. Those organisations may not be used to child protection‑specific recording and disclosure practices; they will have to adjust contracts, privacy notices and record‑keeping practices to align with the Act’s information sharing architecture.
Mandatory reporter classes added by reg 13A may not map perfectly to job descriptions. Reg 13A prescribes out‑of‑home care workers, school counsellors and youth justice custodial workers as classes of mandatory reporters. That prescription depends on the inserted definition of “out of home care worker” and “school counsellor” in reg 5 (inserted by S.R. No. 147/2018). Employers must ensure job descriptions and training expressly cover mandatory reporting duties, especially for roles that sit at the margin of those definitions.
Search rules constrain operational practice and require training. Regs 20(1)(b) and 34(1)(b) prohibit touching during unclothed searches (subject to statutory exceptions in the Act), require privacy, allow immediate redressing and require provision of clothing if clothing is seized. These procedural constraints will require staff training, facility design considerations (private spaces), and clear policies about what constitutes “unclothed” versus “frisk” or “screening” searches under the Act. Reg 34B imposes additional constraints on searches involving remotely piloted aircraft, with definition reliance on s 482A of the Act.
Remote piloted aircraft restrictions are narrow but consequential. Reg 34A prescribes that persons employed by the Department of Justice and Regulation and acting in the course of their employment are the only persons allowed to operate remotely piloted aircraft or helicopters in youth justice facilities (reg 34A). Contracting arrangements with third‑party drone operators will therefore need to be reconfigured if those persons are not departmental employees.
Infringement registration has technical certification requirements. Reg 45 and Schedule 6 set out detailed fields and a certification checklist (Form 2) that enforcement agencies must satisfy before registration. The checklist references processes under the Infringements Act and related road and link Acts; failing to follow those steps can produce a challenge to registration or enforcement.
The minimum registrable amount is small. Reg 44 sets the minimum registrable amount at $10.00. That means very small monetary penalties can be registered against children, potentially producing administrative costs and enforcement consequences; enforcement agencies and registrars should be aware of the volume consequences of registering small amounts.
Timeframes and review windows are tight. Suitability Panel review applications to VCAT must be made within 28 days of notification or receipt of reasons (Schedule 2 Forms 3 and 5). Administrative bodies should ensure timely service of notices and reason statements to avoid disputes over the running of appeal periods.
Remission of sentences is tightly constrained. Reg 37 limits remission to persons sentenced to less than six months where YPB does not consider the person appropriate for parole, who have no other unexpired sentence of six months or more, have good custody behaviour, and whose release would not pose serious risk. Moreover, remission is capped at one‑third of the sentence. These detailed eligibility criteria limit discretion and create a narrow window for remission decisions, requiring careful assessment and record‑keeping.
Multiple cross‑legislative dependencies. The Regulations’ reliance on the Infringements Regulations 2016, the Infringements Act 2006 and the Fines Reform Act 2014 for enforcement mechanisms means that changes to those instruments can alter the practical effect of the Regulations. Practitioners need to monitor amendments to those other instruments, as reg 43 contains exclusion clauses tied directly to those statutes.
The Regulations do not reproduce substantive Act provisions. The Regulations frequently say “for the purposes of section X of the Act, the prescribed matter is …” (for example regs 9, 10, 12, 16, 18). Practitioners must read the Act’s substantive provisions in tandem with the Regulations; relying on the Regulations alone risks missing statutory qualifications or exceptions that remain in the Act.

These “gotchas” are concrete compliance risks: record‑keeping omissions, misaligned definitions, cross‑agency coordination challenges, training shortfalls, and procedural missteps in infringement registration and Suitability Panel processes. The Regulations themselves supply the exact particulars that will be interrogated in any audit or review, so compliance must be granular.

Compliance with the Regulations requires an operational programme that maps statutory prescriptions to policy, training, record‑keeping systems and inter‑agency coordination. The following practical checklist translates the key prescriptions into actions and control points, with references to the governing regulations and schedules.

Update governance documents and contracts to reflect prescribed categories and duties (regs 6-7, 13A).
- Identify whether your organisation is a prescribed information holder or service agency under regs 6-7. If so, ensure contracts and privacy notices reflect the Act’s information sharing environment and the organisation’s duties as an information holder.
- For NDIS registered providers and disability service providers listed in regs 6(f)-(g) and 7(f), confirm governance alignment with child protection information flows and data sharing protocols.
Adopt and deploy the prescribed forms verbatim where required (reg 8, reg 12, reg 17, regs 25-28, Schedule 2, Schedule 4, Schedule 6).
- Use Form 1 for notices of proposal to appoint an administrator (reg 8, Schedule 2).
- Use Schedule 2 Forms 2-6 for Suitability Panel referrals, notices of hearing, removal of disqualification applications and Secretary’s directions (reg 12, reg 17).
- For youth supervision and attendance orders and warrants, ensure Schedule 4 forms are used (regs 25-28).
- For CAYPINS infringement registration, use Schedule 6 Forms 1-5 and the certification in Form 2 (reg 45).
Implement compliant registers and record‑keeping systems (regs 20(2), 21, 22, 32, 34(2), 35).
- Create electronic or paper registers that capture the exact particulars prescribed for unclothed searches (reg 20(2)), seizures and disposals (reg 21(1)-(2), reg 35), seclusion (reg 22) and isolation (reg 32).
- Assign clear responsibility to the designated “staff member in charge” or “officer in charge” to maintain those registers and to ensure entries are complete and contemporaneous.
- Ensure registers record staff names, positions, genders (where required), dates/times, reasons, authorisers and signatures per the regs.
Revise policies and training on searches and prohibited items (regs 19, 20, 33, 34, 34B).
- Train staff on the requirement to limit the number of persons conducting searches to what is reasonably necessary, to conduct unclothed searches in private, to avoid touching the person’s body except as permitted by statute, to permit immediate dressing, and to provide clothing if clothing is seized (regs 20(1)-(2), 34(1)-(2)).
- Update prohibited items lists and property management procedures for secure welfare and youth justice facilities to include lighters, matches, cigarettes, other tobacco products and unauthorised electronic equipment (regs 19, 33).
- If remotely piloted aircraft will be used, ensure only permitted persons operate them (reg 34A) and adapt search protocols accordingly (reg 34B).
Ensure recruitment and carer approval processes include the prescribed checks and considerations (regs 9, 10, 13, 16, 18).
- Update application and screening templates to cover criminal history checks for applicants and household members, medical/psychiatric history, assessments of capacity to promote safety and permanency, cultural identity and maintenance of birth family contact, general character, and skills/experience (regs 9(a)-(k), 10(a)-(k), 13(a)-(e), 16(a)-(d), 18(a)-(i)).
- Maintain documentary evidence of consideration of each prescribed matter to demonstrate compliance.
Define and train mandatory reporters identified by reg 13A.
- Ensure out‑of‑home care workers, school counsellors and youth justice custodial workers understand their mandated reporting role under s 182(1)(l) as prescribed by reg 13A.
- Update organisational policies, induction materials and reporting pathways accordingly.
Align infringement and registration processes with reg 43-45 and Schedule 6.
- Enforcement agencies should use the Schedule 6 forms for CAYPINS and satisfy the certification requirements in Schedule 6 Form 2 before applying to register an infringement penalty (reg 45(1)-(5) and Schedule 6).
- Check that the offence is not excluded as a non‑lodgeable or non‑registrable offence under the Infringements Act or the Fines Reform Act (reg 43(2)) before processing registration.
- Ensure that the minimum registrable amount threshold ($10) is respected (reg 44).
Manage parole and remission processes in line with regs 29-30 and 37.
- Ensure the Youth Parole Board’s annual report and related administrative activities align with the prescribed reporting period 1 July to 31 October (reg 29).
- Implement parole conditions and supervision processes to reflect the prescribed list of terms and conditions (reg 30(a)-(g)).
- For remission decisions under reg 37, apply the eligibility criteria strictly (reg 37(2)) and record reasons carefully; ensure remission periods do not exceed one‑third of the sentence (reg 37(3)).
Embed procedural protections and appeal pathways.
- Where Suitability Panel processes are engaged, ensure affected persons receive the prescribed notices and are informed of their VCAT review rights within 28 days (Schedule 2 Forms 3 and 5).
- Ensure that emergency care placement notices supply the particulars listed in reg 15(a)-(e), including Victoria Legal Aid contact details.
Monitor and adapt to amendment and cross‑instrument changes.

Maintain a statutory‑monitoring routine for the Act, the Regulations (including upcoming sunset), the Infringements Regulations 2016 and other cross‑referenced Acts (Disability Act, NDIS Act, Infringements Act, Fines Reform Act). The Regulations have been amended multiple times (S.R. Nos. 5/2018, 8/2018, 53/2018, 147/2018, 75/2019), and future changes may alter compliance obligations.

Audit and quality controls.

Schedule periodic audits of the registers and forms required by the Regulations to ensure completeness and accuracy.
Map fields from the prescribed forms to information systems to prevent omissions in electronic record‑keeping.

Legal oversight.

Ensure legal review of policies and templates to confirm they accurately mirror the prescribed forms and that any additional information required by other statutory duties (for example, privacy obligations) is addressed without conflicting with the prescribed forms.

In practice, compliance is a mixture of template control (use the exact forms where required), record‑keeping discipline (maintain the prescribed registers), staff training (searches, prohibited items, mandatory reporting), and cross‑agency coordination (information holders, enforcement agencies, NDIS providers). The Regulations prescribe many precise fields and duties; failure to implement exact procedures risks invalidating administrative steps or exposing agencies to review.

Children, Youth and Families Regulations 2017

Plain English Summary

Deep Dive

What it does

Current sections

Children, Youth and Families Regulations 2017

Source text: opening excerpt

1 Children, Youth and Families Regulations 2017

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply