Commission for Children and Young People Act 2012 (Victoria)

This Act establishes the Commission for Children and Young People (the Commission) and sets out its constitution, functions, powers, staffing, reporting and confidentiality framework. The legislative purposes are explicit: to create the Commission, provide for its functions, powers and duties, and repeal and re‑enact with amendments certain provisions of the Child Wellbeing and Safety Act 2005 (s 1). The Commission is established by s 6 and is to be constituted by a single Principal Commissioner (s 6(2)), with provision for additional Commissioners (s 12) and acting appointments (ss 17-18). The Act requires the Principal Commissioner to serve full time (s 11(3)); other Commissioners may be part‑time or full‑time (s 12(3)).

The Act sets the Commission’s objective and core functions. The objective is to promote continuous improvement and innovation in policies and practices relating to safety and wellbeing of vulnerable children and young persons and to improve out of home care services (s 7). The functions are broad and advisory, including providing advice to Ministers, Departments, health services and human services (s 8(1)(a)), promoting the interests of vulnerable children (s 8(1)(b)), monitoring and reporting on implementation and effectiveness of strategies (s 8(1)(c)), and conducting inquiries (s 8(1)(h)). The Principal Commissioner has all the Commission’s powers and may engage contractors and consultants (s 10).

The Act gives the Commission access and investigation powers for specified purposes. For inquiries, the Commission may access records held by multiple government departments, community services, health services, human services and schools (s 42). For out of home care inquiries requested by the Minister, the Commission and authorised persons must be given access to Departmental records and records held by the out of home care service (s 30). The Act also creates an assistance obligation on the Secretary to provide assistance reasonably required (s 23) and places a corresponding duty on persons in charge of out of home care services to provide assistance (s 29).

Version No. 023

Commission for Children and Young People Act 2012

No. 79 of 2012

Version incorporating amendments as at
23 February 2026

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Child protection client 8

5 Vulnerable children and young persons 8

Part 2—Commission for Children and Young People 10

Division 1—The Commission 10

6 Establishment of Commission 10

7 Objective of Commission 10

8 Functions of Commission 10

9 Powers of Commission 12

10 Functions of Principal Commissioner 12

Division 2—Principal Commissioner and additional Commissioners 12

11 Appointment of Principal Commissioner 12

12 Appointment of additional Commissioner 13

13 Remuneration and allowances 13

14 Terms and conditions of appointment 13

15 Vacancy and resignation 14

16 Removal from office 14

17 Acting Principal Commissioner 15

18 Acting Commissioner 15

19 Application of Public Administration Act 2004 16

Division 3—General 16

20 Delegation 16

21 Staff 17

22 Authorised persons 18

23 Assistance to be provided 18

23A Matter relating to monitoring role under Terrorism (Community Protection) Act 2003 to be included in annual report 19

Part 4—Monitoring out of home care services 20

28 Functions in relation to children in out of home care 20

29 Assistance to be provided 20

30 Access to records 20

Part 4A—Assistance and advocacy for children and young persons 22

30A Definition 22

30B Commission's functions in relation to protected children or young persons 22

30C Request for information by the Commission 23

30D Avoiding unnecessary duplication 24

Part 5—Inquiries 25

Division 1—Preliminary 25

31 Object of inquiries 25

32 Avoiding unnecessary duplication 25

33 Police and coronial powers and functions not limited 25

Division 2—Inquiries concerning death of child protection clients 25

34 Commission must conduct inquiry into death of child protection client 25

35 Secretary must notify Commission of death of child protection client 26

36 Date of death of child irrelevant 26

Division 3—Inquiries concerning children or young persons 26

37 Commission may conduct inquiry concerning child or young person 26

38 Minister may recommend inquiry 27

Division 4—Inquiries concerning provision of services 27

39 Commission may conduct inquiry concerning provision of services 27

40 Minister may recommend inquiry 28

Division 5—Conduct of inquiries 29

41 Commission to notify Ministers of certain inquiries 29

42 Access to information 29

43 Disclosures by relevant professionals 30

44 Disclosers protected 31

45 Protection against self-incrimination 32

Division 6—Reporting to Ministers and the Secretary 32

46 Commission must give report to Minister and Secretary 32

47 Commission must give report to other Minister 32

48 Commission must first give opportunity to respond to adverse comment or opinion 32

Division 7—Reporting to Parliament 33

49 Application of Division 33

50 Giving the report to Parliament 34

51 Report containing identifying information must not be given to Parliament 35

52 Commission may publish report on Internet 36

Division 8—Disclosing information to other authorities 36

53 Disclosing information to other authorities 36

Part 6—Confidentiality 38

54 Definition 38

55 Disclosure of information prohibited 38

56 Disclosure to other relevant person permitted 39

57 Disclosure to court or tribunal permitted 39

58 Disclosure for purpose of obtaining legal advice permitted 39

60 Disclosure of information to Ministers or Secretaries 40

60A Disclosure of information by Secretary 40

Part 7—General 41

61 Mandatory notification of corrupt conduct to IBAC 41

62 Regulations 41

Part 8—Saving and transitional provisions 43

63 Definitions 43

64 General savings provisions 43

65 Child Safety Commissioner abolished 43

66 References to the Child Safety Commissioner 43

67 Old child death inquiries 44

68 New child death inquiries 44

69 Old child safety inquiries 44

70 Division 3 inquiries relating to provision of services before commencement day 45

71 Confidentiality 45

72 First annual report 46

73 Transitional provision—Tabling of reports of certain inquiries under Division 3 46

Part 9—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 48

74 Continued protection of information acquired under reportable conduct scheme 48

═══════════════

Endnotes 49

1 General information 49

2 Table of Amendments 51

3 Explanatory details 55

Version No. 023

Commission for Children and Young People Act 2012

No. 79 of 2012

Version incorporating amendments as at
23 February 2026

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to establish a Commission for Children and Young People; and

(b) to provide for the functions, powers and duties of the Commission; and

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 April 2013, it comes into operation on that day.

3 Definitions

In this Act—

authorised person means a person authorised by the Commission under section 22;

S. 3 def. of central register repealed by No. 8/2016 s. 23.

child means a person who is under the age of 18 years;

child protection client has the meaning given by section 4;

Commission means the Commission for Children and Young People established by section 6;

Commissioner means an additional Commissioner appointed under section 12;

S. 3 def. of community service inserted by No. 61/2014 s. 155.

community service has the same meaning as it has in the Children, Youth and Families Act 2005;

corrupt conduct has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011;

S. 3 def. of Department of Justice repealed by No. 34/2020 s. 184.

education professional means—

(a) a person who is registered as a teacher under the Education and Training Reform Act 2006 or has been granted permission to teach under that Act; or

(b) the principal of a Government school or a non-Government school within the meaning of the Education and Training Reform Act 2006; or

(i) an education and care service within the meaning of the Education and Care Services National Law (Victoria); or

(ii) a children's service within the meaning of the Children's Services Act 1996;

function includes a duty;

health professional means—

(a) a medical practitioner; or

(b) a nurse; or

(d) a midwife;

S. 3 def. of health service amended by Nos 63/2015 s. 14, 39/2022 s. 796.

health service means—

(a) a relevant health service within the meaning of section 141 of the Health Services Act 1988; or

(b) a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022; or

(d) an entity that receives funding under a State contract to provide drug or alcohol treatment services;

S. 3 def. of human service amended by No. 19/2019 s. 255(1).

human service means—

(a) a children's service within the meaning of the Children's Services Act 1996; or

(b) an education and care service within the meaning of the Education and Care Services National Law (Victoria); or

(c) an entity that receives funding under a State contract to provide disability services to a person with a disability within the meaning of the Disability Act 2006; or

(ca) a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or

(d) an entity that receives funding under a State contract to provide services in relation to family violence or sexual assault; or

(e) an entity that receives funding from the Secretary under a State contract to provide family support services; or

(f) an entity that receives funding under a State contract to provide assistance in providing housing services or other assistance to homeless persons;

IBAC means the Independent Broad-based Anti‑corruption Commission established under the Independent Broad-based Anti‑corruption Commission Act 2011;

S. 3 def. of IBAC personnel amended by No. 31/2024 s. 113(Sch. 1 item 3).

IBAC personnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;

Maternal and Child Health Centre means a centre where health advice is provided to parents and other caregivers of children under 6 years of age, including by outreach programs;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

midwife means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b) in the register of midwives kept for that profession;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

out of home care service has the same meaning as it has in the Children, Youth and Families Act 2005;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 22.1).

police officer has the same meaning as in the Victoria Police Act 2013;

post-secondary qualification means a qualification from an institution, person or body providing or offering to provide (whether in or outside Victoria) post‑secondary education as defined in the Education and Training Reform Act 2006 (whether or not that institution, person or body has since ceased to exist) and includes a qualification from a post‑secondary education provider as defined in that Act;

primary family carer, in relation to a child, means the child's parent or guardian, or another person, who has daily care and control of the child, whether or not that care involves custody of the child;

Principal Commissioner means the Principal Commissioner appointed under section 11;

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

S. 3 def. of registered community service repealed by No. 17/2023 s. 56.

school has the same meaning as it has in the Education and Training Reform Act 2006;

S. 3 def. of Secretary amended by No. 17/2023 s. 65(1).

Secretary means the Secretary to the Department of Families, Fairness and Housing established under the Public Administration Act 2004;

State contract means a contract entered into for or on behalf of the State;

vulnerable child or young person has the meaning given by section 5;

welfare practitioner means—

(a) a person with a post-secondary qualification in youth, social or welfare work who works in the health, education, community or welfare services field in a capacity that requires that person to hold such a qualification; or

(b) a person employed under Part 3 of the Public Administration Act 2004 to perform the duties of a child, adolescent and family welfare officer; or

youth justice centre has the same meaning as it has in the Children, Youth and Families Act 2005;

youth justice client means—

(a) a person in respect of whom any of the following orders is in force—

(i) a probation order under section 380 of the Children, Youth and Families Act 2005;

(ii) a youth supervision order within the meaning of the Children, Youth and Families Act 2005;

(iii) a youth attendance order within the meaning of the Children, Youth and Families Act 2005; or

(b) a child who is detained awaiting—

(i) trial; or

(ii) the hearing of a charge; or

(iii) sentence; or

(i) in a youth justice centre; or

(ii) in a youth residential centre; or

(d) a child awaiting sentence in respect of whom a pre-sentence report has been ordered under—

(i) section 414(2), 430I or section 571 of the Children, Youth and Families Act 2005; or

(ii) Division 1A of Part 3 of the Sentencing Act 1991;

youth justice unit has the same meaning as it has in the Children, Youth and Families Act 2005;

youth residential centre has the same meaning as it has in the Children, Youth and Families Act 2005.

4 Child protection client

In this Act, a person is a child protection client if—

(a) he or she is the subject of a report under section 28, 33(2), 183 or 184 of the Children, Youth and Families Act 2005; and

S. 4(b) amended by No. 8/2016 s. 24.

(b) the Secretary has not recorded that the person's case is closed.

5 Vulnerable children and young persons

In this Act, vulnerable child or young person includes—

(a) a child or young person who is or was a child protection client;

(b) a youth justice client;

S. 5(d) amended by No. 17/2023 s. 57.

(d) a child who is receiving or has received services from a community service;

S. 5(e) amended by No. 17/2023 s. 57.

(e) a child whose primary family carer is receiving or has received services from a community service;

(f) a child who has died from abuse or neglect;

S. 5(g) amended by No. 61/2014 s. 156.

(g) a person under the age of 21 years who is leaving, or who has left, the care of the Secretary to live independently.

Note

See section 16(1)(g) of the Children, Youth and Families Act 2005.

Part 2—Commission for Children and Young People

Division 1—The Commission

6 Establishment of Commission

(1) The Commission for Children and Young People is established.

(2) The Commission is to be constituted by the Principal Commissioner.

7 Objective of Commission

The objective of the Commission is to promote continuous improvement and innovation in—

(a) policies and practices relating to the safety and wellbeing of—

(i) vulnerable children and young persons; and

(ii) children and young persons generally; and

(b) the provision of out of home care services for children.

8 Functions of Commission

(1) The functions of the Commission are—

(a) to provide advice to Ministers, Government Departments, health services and human services about policies, practices and the provision of services relating to the safety or wellbeing of vulnerable children and young persons; and

(b) to promote the interests of vulnerable children and young persons in the Victorian community; and

(c) to monitor and report to Ministers on the implementation and effectiveness of strategies relating to the safety or wellbeing of vulnerable children and young persons; and

(d) to provide advice and recommendations to the Minister about child safety issues, at the request of the Minister; and

(e) to promote child-friendly and child-safe practices in the Victorian community; and

S. 8(1)(f) repealed by No. 58/2025 s. 64.

(g) the functions relating to out of home care conferred by Part 4; and

S. 8(1)(ga) inserted by No. 17/2023 s. 38.

(ga) the functions relating to assisting and advocating for children and young persons conferred by Part 4A; and

(h) the functions relating to inquiries conferred by Part 5; and

(i) any other functions conferred on the Commission by or under this Act or any other Act.

(2) The Commission must act independently and impartially in performing its functions.

(3) The Commission must, when performing a function in relation to a vulnerable child or young person, perform the function for the purpose of promoting the best interests of the child or person.

9 Powers of Commission

Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under—

(a) this Act; or

(b) any other Act; or

10 Functions of Principal Commissioner

(1) The Principal Commissioner has—

(a) all the functions and powers of the Commission; and

(b) any other powers or functions conferred on the Principal Commissioner by or under this or any other Act.

(2) Without limiting subsection (1), the Principal Commissioner may engage consultants, contractors or agents for or in connection with the performance of the Commission's functions.

(3) All acts and things done by the Principal Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission.

Division 2—Principal Commissioner and additional Commissioners

11 Appointment of Principal Commissioner

(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as Principal Commissioner.

(2) The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as Principal Commissioner because of his or her knowledge and experience.

(3) The Principal Commissioner must be appointed on a full-time basis.

12 Appointment of additional Commissioner

(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as an additional Commissioner.

(2) The Minister must not recommend a person for appointment under subsection (1) unless the Minister is satisfied that the person is qualified for appointment as a Commissioner because of his or her knowledge and experience.

(3) A Commissioner may be appointed on a full-time or part-time basis.

13 Remuneration and allowances

(1) The Principal Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council.

(2) A Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council.

14 Terms and conditions of appointment

Subject to this Division, the Principal Commissioner or a Commissioner—

(a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and

(b) is eligible for re-appointment; and

15 Vacancy and resignation

The Principal Commissioner or a Commissioner ceases to hold office if he or she—

(a) resigns by notice delivered to the Minister; or

(b) becomes an insolvent under administration; or

(i) an indictable offence; or

(ii) an offence that, if committed in Victoria, would be an indictable offence; or

(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or

(e) is removed from office under section 16.

16 Removal from office

The Governor in Council may, at any time, remove the Principal Commissioner or a Commissioner from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(d) engagement (whether direct or indirect) in any paid employment outside the duties of his or her office;

(e) any other ground on which the Governor in Council is satisfied that the Principal Commissioner or the Commissioner is unfit to hold his or her office.

17 Acting Principal Commissioner

(1) The Governor in Council may appoint a person as Acting Principal Commissioner during any period when—

(a) the office of Principal Commissioner is vacant; or

(b) the Principal Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.

(2) An Acting Principal Commissioner has all the powers and may perform any of the functions of the Principal Commissioner.

(3) An Acting Principal Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.

(4) An Acting Principal Commissioner holds office on the terms and conditions determined by the Governor in Council.

(5) The Governor in Council may revoke an appointment under subsection (1) at any time.

18 Acting Commissioner

(1) The Governor in Council may appoint a person as an Acting Commissioner during any period when—

(a) the office of a Commissioner is vacant; or

(b) a Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.

(2) An Acting Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.

(3) An Acting Commissioner holds office on the terms and conditions determined by the Governor in Council.

(4) The Governor in Council may revoke an appointment under subsection (1) at any time.

19 Application of Public Administration Act 2004

(1) The Public Administration Act 2004 does not apply to the Principal Commissioner in respect of his or her office except as provided in section 16 of that Act.

(2) The Public Administration Act 2004 does not apply to a Commissioner in respect of his or her office.

Division 3—General

20 Delegation

(1) The Commission may by instrument delegate any power or function of the Commission under this or any other Act to a Commissioner (other than a power or function specified in subsection (3)).

(2) The Commission may by instrument delegate any power or function of the Commission under this or any other Act (other than a power or function specified in subsection (3)) to a member of staff employed under section 21.

(3) The following functions and powers of the Commission are not delegable—

(a) the power to decide whether to conduct an inquiry under Part 5;

S. 20(3)(ab) inserted by No. 4/2017 s. 10(a), repealed by No. 58/2025 s. 65(b).

S. 20(3)(b) amended by Nos 63/2016 s. 9, 58/2025 s. 65(a).

(b) the power to give a report to Parliament under section 50;

S. 20(3)(ba) inserted by No. 4/2017 s. 10(b), repealed by No. 58/2025 s. 65(b).

S. 20(3)(ca) inserted by No. 32/2024 s. 789.

(ca) the power to decide whether to prepare a report under section 85(1) of the Youth Justice Act 2024;

S. 20(3)(cb) inserted by No. 32/2024 s. 789.

(cb) the power to provide a report to the Parliament under section 85(3)(a) of the Youth Justice Act 2024;

S. 20(3)(cc) inserted by No. 32/2024 s. 789.

(cc) the power to publish a report on an appropriate Internet site under section 88(1) of the Youth Justice Act 2024;

(d) a power of delegation under this section.

21 Staff

(1) There may be employed under the Public Administration Act 2004 any employees that are necessary to assist the Commission in performing its functions.

(2) The Principal Commissioner may enter into agreements or arrangements for the use by the Commission of the services of any staff of a Department, statutory authority or other public body.

22 Authorised persons

S. 22(1) substituted by No. 63/2016 s. 10(1), amended by Nos 4/2017 s. 10(c), 58/2025 s. 66(1).

(1) The Commission, by instrument, may authorise any person to assist the Commission in performing its functions.

(2) An authorisation may be general or limited to specified functions.

(3) The Commission must not authorise a person under this section unless the Commission is satisfied that the person is appropriately qualified or has successfully completed appropriate training.

S. 22(4) inserted by No. 63/2016 s. 10(2), amended by No. 4/2017 s. 10(d)(e), repealed by No. 58/2025 s. 66(2).

23 Assistance to be provided

The Secretary must ensure that the Commission or an authorised person is provided with any assistance in connection with the reasonable performance of the Commission's functions that the Commission or the authorised person reasonably requires.

S. 23A inserted by No. 32/2018 s. 134

23A Matter relating to monitoring role under Terrorism (Community Protection) Act 2003 to be included in annual report

The Commission must include the following matter in its annual report of operations under Part 7 of the Financial Management Act 1994—

(a) the number of times the Commission has performed its function under section 4O(a) of the Terrorism (Community Protection) Act 2003 in the financial year to which the report relates;

(b) any general observations or conclusions that the Commission may want to include in the report in relation to the performance of its function under section 4O(a) of the Terrorism (Community Protection) Act 2003 in the financial year to which the report relates.

Pt 3 (Heading and ss 24–27) amended by Nos 63/2016 s. 11, 34/2020 ss 185–188, repealed by No. 58/2025 s. 67(1).

Part 4—Monitoring out of home care services

28 Functions in relation to children in out of home care

The Commission has the following functions in relation to out of home care services for children, and in relation to children in out of home care—

(a) to promote the provision of out of home care services that encourage the active participation of those children in the making of decisions that affect them;

(b) to advise the Minister and the Secretary on the performance of out of home care services;

29 Assistance to be provided

A person in charge of an out of home care service must ensure that the Commission or an authorised person is provided with any assistance in connection with the reasonable performance of the Commission's functions under this Part that the Commission or the authorised person reasonably requires.

30 Access to records

(1) This section applies if the Commission is investigating an out of home care service at the request of the Minister.

(2) The Commission and an authorised person may have, and must be given, access to—

S. 30(2)(a) repealed by No. 8/2016 s. 25(1)(a).

S. 30(2)(b) amended by No. 8/2016 s. 25(1)(b).

(b) any information, documents or records held in or by the Department relating to—

(i) the out of home care service; or

(ii) any child in out of home care to whom the out of home care service provides services.

S. 30(3) amended by No. 8/2016 s. 25(2).

(3) The Commission and an authorised person may have, and must be given, access to any documents or records held by the out of home care service relating to—

(a) the operation of the service; or

(b) any child to whom the out of home care service provides services.

Pt 4A (Heading and ss 30A–30D) inserted by No. 17/2023 s. 39.

Part 4A—Assistance and advocacy for children and young persons

S. 30A inserted by No. 17/2023 s. 39.

30A Definition

In this Part—

protected child or young person means—

(a) a child protection client or a child or young person who within the previous 6 months was a child protection client; or

(b) a child or young person in the care of an out of home care service or a child or young person who within the previous 6 months was in the care of an out of home care service; or

(c) a child or young person under the age of 21 years for whom the Secretary has had parental responsibility under the Children, Youth and Families Act 2005 and who is of an age, or intends, to live independently.

S. 30B inserted by No. 17/2023 s. 39.

30B Commission's functions in relation to protected children or young persons

(1) The Commission may provide advice, information and support to a protected child or young person.

(2) The Commission may advocate for the safety, welfare, wellbeing and human rights of a protected child or young person by—

(a) seeking assistance from a department, institution, welfare organisation or service provider; and

(b) making representations on behalf of the child or young person to a department, institution, welfare organisation or service provider.

(3) The Commission may perform a function under subsection (2) if requested to do so by the protected child or young person, whether directly or indirectly.

(4) In this section—

human right means a human right protected by the Charter of Human Rights and Responsibilities Act 2006.

S. 30C inserted by No. 17/2023 s. 39.

30C Request for information by the Commission

(1) The Commission may request the Secretary to the Department of Families, Fairness and Housing or an out of home care service to provide information, documents or records held by the Secretary or out of home care service that are reasonably required for the performance of the Commission's functions under section 30B(1) and (2).

(2) The Secretary or out of home care service may disclose information, documents or records to the Commission in accordance with the request, if the Secretary or out of home care service considers it is reasonably necessary for the performance of the Commission's functions under section 30B(1) and (2).

(3) As soon as reasonably practicable after receiving the request, the Secretary or out of home care service must—

(a) if subsection (2) applies, provide the information, document or record that is the subject of the request; or

(b) otherwise, advise that the requested information, document or record will not be provided.

S. 30D inserted by No. 17/2023 s. 39.

30D Avoiding unnecessary duplication

If the Commission becomes aware that a protected child or young person has sought assistance from any other entity, the Commission when performing functions under section 30B must liaise with the other entity to—

(a) avoid unnecessary duplication of assistance being provided to the protected child or young person; and

(b) facilitate the coordination and expedition of that assistance.

Part 5—Inquiries

Division 1—Preliminary

31 Object of inquiries

The object of an inquiry under this Part is to promote continuous improvement and innovation in policies and practices relating to child protection and the safety and wellbeing of—

(a) vulnerable children and young persons; and

(b) children and young persons generally.

32 Avoiding unnecessary duplication

It is the intention of Parliament that the Commission should liaise with other investigative authorities, official bodies and statutory officers—

(a) to avoid unnecessary duplication of inquiries; and

(b) to facilitate the coordination and expedition of inquiries that are to be separately conducted by different authorities, bodies or officers.

S. 33 amended by No. 37/2014 s. 10(Sch. item 22.2).

33 Police and coronial powers and functions not limited

Nothing in this Part is intended to limit or affect any power or function of a coroner or a police officer to investigate the death of a child.

Division 2—Inquiries concerning death of child protection clients

34 Commission must conduct inquiry into death of child protection client

(1) The Commission must conduct an inquiry in relation to a child who has died and who was a child protection client—

(a) at the time of his or her death; or

(b) within 12 months before his or her death.

(2) The inquiry must relate to the services provided, or omitted to be provided, to the child before his or her death.

35 Secretary must notify Commission of death of child protection client

The Secretary must advise the Commission of a death referred to in section 34 if the Secretary is aware of that death.

36 Date of death of child irrelevant

This Division applies to the death of a child whether that death occurred before, on or after the day on which this section comes into operation.

Division 3—Inquiries concerning children or young persons

37 Commission may conduct inquiry concerning child or young person

(1) The Commission may, if it considers that it is appropriate to do so, conduct an inquiry in relation to a matter relating to the safety or wellbeing of—

(a) a vulnerable child or young person; or

(b) a group of vulnerable children or young persons.

(2) The inquiry must relate to the services provided, or omitted to be provided, to or in relation to—

(a) the vulnerable child or young person who is the subject of the inquiry; or

(b) the group of vulnerable children or young persons who are the subject of the inquiry.

(3) The inquiry may relate to a vulnerable child or young person who has died.

38 Minister may recommend inquiry

(1) The Minister may recommend that the Commission conduct an inquiry under this Division.

(2) The Commission must determine, in accordance with section 37, whether or not it will conduct the inquiry.

(3) If the Commission determines not to conduct an inquiry as recommended by the Minister, the Commission must give the Minister a statement of the reasons for making that determination as soon as practicable.

Division 4—Inquiries concerning provision of services

39 Commission may conduct inquiry concerning provision of services

(1) The Commission may conduct an inquiry in relation to the provision of services if the Commission—

(a) identifies a persistent or recurring systemic issue in the provision of those services; and

(b) considers that a review of those services will assist in the improvement of the provision of those services; and

S. 39(2) substituted by No. 61/2014 s. 157.

(2) The inquiry must relate to—

(a) services provided, or omitted to be provided, by a community service, health service, human service or school; or

(b) child protection services or youth justice services provided, or omitted to be provided, by the Secretary—

to or in relation to—

(d) a group of vulnerable children or young persons; or

(e) a child, if those services deal with matters affecting his or her safety or wellbeing; or

(f) a group of children, if those services deal with matters affecting their safety or wellbeing; or

(g) a primary family carer, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of his or her child; or

(h) a group of primary family carers, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of those carers' children.

(3) The Commission must not conduct an inquiry under this Division into the appropriateness or otherwise of the clinical decision-making of a registered health practitioner.

(4) In subsection (3), registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);

40 Minister may recommend inquiry

(1) The Minister may recommend that the Commission conduct an inquiry under this Division.

(2) The Commission must determine, in accordance with section 39, whether or not it will conduct the inquiry.

Division 5—Conduct of inquiries

41 Commission to notify Ministers of certain inquiries

Before conducting an inquiry under Division 3 or 4, the Commission must notify—

(a) the Minister; and

(b) if the Commission considers that the inquiry may involve consideration of a matter that is the responsibility of another Minister—that other Minister.

42 Access to information

(1) For the purposes of an inquiry under this Part, the Commission or an authorised person may have, and must be given, access to any of the following that the Commission or authorised person reasonably requires—

S. 42(1)(a) repealed by No. 8/2016 s. 26(1).

S. 42(1)(b) substituted by No. 8/2016 s. 26(2).

(b) information, documents or records in relation to any person or service that is the subject of the inquiry held in or by—

(i) the Department of Education and Training; or

S. 42(1)(b)(ii) amended by No. 17/2023 s. 65(2).

(ii) the Department of Families, Fairness and Housing; or

S. 42(1)(b)(iii) amended by No. 34/2020 s. 189.

(iii) the Department of Justice and Community Safety;

(c) other information, documents or records in relation to any person or service that is the subject of the inquiry held in or by—

S. 42(1)(c)(i) amended by No. 17/2023 s. 58.

(i) a community service; or

(ii) a health service; or

(iii) a human service; or

(iv) a school.

S. 42(2) amended by No. 17/2023 s. 58.

(2) The person in charge of a community service, health service or human service must provide the access to information, documents or records held by that service.

(3) The principal of a school must provide the access to information, documents or records held by that school.

S. 42(4) inserted by No. 8/2016 s. 26(3).

(4) This section applies despite anything to the contrary in the Children, Youth and Families Act 2005.

43 Disclosures by relevant professionals

(1) The Commission or an authorised person may request a relevant professional to provide any information that the Commission or authorised person reasonably requires in relation to any person or service that is the subject of the inquiry.

(2) A relevant professional may disclose to the Commission or an authorised person any information that relates to any person or service that is the subject of the inquiry.

(3) A relevant professional must have regard to the following matters in determining whether to disclose information under subsection (2)—

(a) the object of an inquiry under this Part, as set out in section 31;

(b) the public interest in ensuring that—

(i) child protection systems are effective; and

(ii) the Commission can conduct effective inquiries under this Part.

(4) In this section, relevant professional means—

(a) a health professional; or

(b) a welfare practitioner; or

44 Disclosers protected

A disclosure of information made under section 42 or 43 in good faith—

(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is made; and

(b) does not make the person by whom it is made subject to any liability in respect of it; and

(i) section 141 of the Health Services Act 1988; or

S. 44(c)(ii) substituted by No. 63/2016 s. 12, amended by No. 39/2022 s. 797.

(ii) section 730 of the Mental Health and Wellbeing Act 2022.

45 Protection against self-incrimination

It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under section 42, or requested to do under section 43, if the giving of the information or the doing of that other thing would tend to incriminate the person.

Division 6—Reporting to Ministers and the Secretary

46 Commission must give report to Minister and Secretary

On completing an inquiry under this Part, the Commission must give a report of the inquiry to the Minister and the Secretary in accordance with this Division.

47 Commission must give report to other Minister

The Commission must also give a copy of the report to a Minister if the report considers a matter that is the responsibility of that Minister.

S. 48 substituted by No. 61/2014 s. 158.

48 Commission must first give opportunity to respond to adverse comment or opinion

(1) Despite any other provision of this Part, the Commission must not give a report of an inquiry to a Minister or the Secretary if—

(a) the report includes any comment or opinion that is adverse to any person; and

(b) the Commission has not given the person an opportunity to comment on the adverse comment or opinion.

(2) Despite any other provision in this Part, the Commission must not give a report of an inquiry to a Minister or the Secretary if—

(a) the report includes any comment or opinion that is adverse to—

(i) a community service; or

(ii) a health service; or

(iii) a human service; or

(iv) a school; or

(v) child protection services or youth justice services provided, or omitted to be provided by the Secretary; and

(b) the Commission has not given the following an opportunity to comment on the adverse comment or opinion—

(i) the person in charge of the community service, health service or human service; or

(ii) the principal of the school; or

(iii) the Secretary, in relation to the child protection services or youth justice services.

Division 7—Reporting to Parliament

49 Application of Division

This Division applies if—

(a) the Commission has conducted an inquiry under Division 4 other than on the recommendation of the Minister; and

(b) the Commission has given the report of the inquiry, or a copy of the report, to the following persons in accordance with Division 6—

(i) the Minister;

(ii) the Secretary;

(iii) any other Minister to whom the Commission must give the report in accordance with section 47; and

(c) at least 14 days have elapsed since the persons referred to in paragraph (b) were given the report or a copy of the report.

Note to s. 49 amended by No. 61/2014 s. 159.

Note

Section 48 prohibits the Commission from giving the report to a Minister or the Secretary under Division 6 unless the Commission has given an opportunity for comment to any person in relation to whom the report contains any adverse comment or opinion.

50 Giving the report to Parliament

(1) The Commission may give a copy of the report to the clerk of each House of the Parliament.

(2) The clerk of each House of the Parliament must cause the report to be laid before the House on—

(a) the day on which it is received; or

(b) the next sitting day of the House.

(3) If the Commission proposes to give the report to Parliament when neither House of the Parliament is sitting, the Commission must—

(a) give one business day's notice of his or her intention to do so to the clerk of each House of the Parliament; and

(b) give the copy of the report to the clerk of each House on the day indicated in the notice; and

(4) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (3)(a) on the same day that the clerk receives the notice.

(5) On receiving a copy of the report under subsection (3)(b), the clerk of a House of the Parliament must—

(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and

(b) give a copy of the report to any member of the House on request; and

(6) A copy of a report that is given to the clerk of a House of the Parliament under subsection (1) or (3)(b) is taken to have been published by order, or under the authority, of that House.

51 Report containing identifying information must not be given to Parliament

The Commission must not give a copy of the report to the Parliament under section 50 if the report contains—

(a) information that identifies—

(i) a child, young person or primary family carer to whom, or in relation to whom, the services that are the subject of the inquiry were provided; or

(ii) a member of the family of a child or young person to whom, or in relation to whom, the services that are the subject of the inquiry were provided; or

(b) information from which the identity of a person referred to in paragraph (a) can be obtained.

52 Commission may publish report on Internet

(1) The Commission may publish, on an appropriate Internet site, a copy of a report that the Commission gave to the Parliament in accordance with section 50.

(2) The publication of a report by the Commission under this section is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.

Division 8—Disclosing information to other authorities

53 Disclosing information to other authorities

(1) Subject to subsection (2), the Commission may disclose to the following persons any information that is acquired by the Commission or an authorised person in performing functions under this Part—

(a) the Ombudsman;

(b) the IBAC;

(d) the Disability Services Commissioner within the meaning of the Disability Act 2006;

S. 53(1)(da) inserted by No. 19/2019 s. 255(2).

(da) the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the National Disability Insurance Scheme Act 2013 of the Commonwealth;

S. 53(1)(e) substituted by No. 22/2016 s. 163.

(e) the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016;

S. 53(1)(f) amended by No. 26/2014 s. 455(Sch. item 3.1), substituted by Nos 60/2014 s. 140(Sch. 3 item 7), 20/2017 s. 134(Sch. 1 item 3).

(f) the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014;

S. 53(1)(g) inserted by No. 26/2014 s. 455(Sch. item 3.2), amended by No. 39/2022 s. 798 (as amended by No. 20/2023 s. 49(2)).

(g) the Mental Health and Wellbeing Commission within the meaning of the Mental Health and Wellbeing Act 2022.

(2) The Commission must not disclose information to a person under subsection (1) unless the information is relevant to the performance of a function conferred on the person under an Act.

Part 6—Confidentiality

54 Definition

In this Part—

S. 54 def. of protected information amended by No. 63/2016 s. 13(1), substituted by Nos 4/2017 s. 10(f), 32/2024 s. 790, amended by No. 58/2025 s. 67(2).

protected information means information acquired by a relevant person by reason of being a relevant person under—

(a) this Act; or

S. 54 def. of relevant person amended by No. 4/2017 s. 10(g).

relevant person means—

(aa) the Principal Commissioner;

(a) a Commissioner; or

(b) a delegate of the Commission; or

(d) a member of the staff of the Commission.

55 Disclosure of information prohibited

A person who is or has been a relevant person must not disclose to any other person, whether directly or indirectly, any protected information except to the extent necessary to—

S. 55(a) amended by No. 63/2016 s. 13(2).

(a) perform functions or exercise powers under this Act or under any other Act; or

S. 55(b) amended by No. 4/2017 s. 10(h).

(b) give information that he or she is expressly authorised, permitted or required to give under this Act or under any other Act.

Penalty: 60 penalty units.

Note to s. 55 inserted by No. 23/2017 s. 33.

Note

See also Part 5A of the Family Violence Protection Act 2008 in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.

S. 56 amended by No. 63/2016 s. 13(2).

56 Disclosure to other relevant person permitted

A relevant person may disclose protected information to another relevant person in connection with the performance of the Commission's functions or the exercise of the Commission's powers under this Act or under any other Act.

57 Disclosure to court or tribunal permitted

A person who is or has been a relevant person may disclose protected information—

(a) to a court or tribunal in the course of criminal legal proceedings; or

(b) in accordance with an order of a court or tribunal made under another Act or law.

58 Disclosure for purpose of obtaining legal advice permitted

A person who is or has been a relevant person may disclose protected information to an Australian legal practitioner for the purpose of obtaining legal advice or representation.

S. 59 amended by No. 34/2020 s. 190, repealed by No. 58/2025 s. 67(3).

S. 60 (Heading) amended by No. 32/2024 s. 791(1).

S. 60 amended by Nos 4/2017 s. 10(i), 32/2024 s. 791(2) (ILA s. 39B(1)).

60 Disclosure of information to Ministers or Secretaries

(1) The Commission may disclose to the Minister or the Secretary any information acquired by the Commission in performing its functions and exercising its powers under this Act or under any other Act.

S. 60(2) inserted by No. 32/2024 s. 791(2).

(2) In addition to subsection (1), the Commission may disclose to the following persons any information acquired by the Commission in performing its functions and exercising its powers under Chapter 3 of the Youth Justice Act 2024—

(a) the Attorney-General;

(b) the Minister administering the Youth Justice Act 2024;

(d) the Secretary to the Department of Justice and Community Safety.

S. 60A inserted by No. 8/2016 s. 27.

60A Disclosure of information by Secretary

The Secretary must disclose to the Commission any information about an adverse event relating to a child in out of home care or a person detained in a youth justice centre or a youth residential centre if the information is relevant to the Commission's functions.

Part 7—General

61 Mandatory notification of corrupt conduct to IBAC

S. 61(1) substituted by No. 30/2016 s. 78(1).

(1) Subject to any exemption notice issued under section 57B of the Independent Broad‑based Anti-corruption Commission Act 2011, the Commission must notify the IBAC of any matter that the Commission suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Commission becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.

(2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel.

S. 61(3) amended by No. 30/2016 s. 78(2).

(3) This section does not apply to a matter that is the subject of a complaint or notification referred to the Commission by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011.

S. 61(4) amended by No. 30/2016 s. 78(3).

(4) If the Commission considers at any time that a complaint or notification described in subsection (3) appears to involve conduct that is corrupt conduct, the Commission must inform the IBAC.

62 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Regulations made under this Act may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstance;

(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body.

Part 8—Saving and transitional provisions

63 Definitions

In this Part—

Child Safety Commissioner has the same meaning as it had in the old Act;

commencement day means the day on which this Part comes into operation;

old Act means the Child Wellbeing and Safety Act 2005 as in force immediately before the commencement day.

64 General savings provisions

(1) This Part does not affect or take away from the Interpretation of Legislation Act 1984.

(2) If a repealed provision of the Child Wellbeing and Safety Act 2005 continues to apply by force of this Part, any other repealed provisions of that Act necessary to give effect to that continued provision also continue to apply.

(3) This Part applies despite anything to the contrary in any other provision of this Act.

65 Child Safety Commissioner abolished

On the commencement day, the office of Child Safety Commissioner is abolished and the Child Safety Commissioner goes out of office.

66 References to the Child Safety Commissioner

On the commencement day any reference to the Child Safety Commissioner in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject matter, be construed as a reference to the Commission.

67 Old child death inquiries

If, immediately before the commencement day, the Child Safety Commissioner was conducting an inquiry under section 33 of the old Act, on and from the commencement day—

(a) Division 4 of Part 6 of the old Act continues to apply to that inquiry despite its repeal; and

(b) that Division applies as if a reference in that Division to the Child Safety Commissioner were a reference to the Commission.

68 New child death inquiries

(1) The Commission is not required to conduct an inquiry under section 34 in relation to a child if an inquiry under section 33 of the old Act was conducted in relation to that child.

(2) The Secretary is not required, under section 35, to advise the Commission of a death referred to in section 34 if the Secretary advised the Child Safety Commissioner of that death in accordance with section 33(4) of the old Act.

(3) Section 34 applies in relation to a child whose death was the subject of advice given to the Child Safety Commissioner by the Secretary in accordance with section 33(4) of the old Act if, immediately before the commencement day, the Child Safety Commissioner had not commenced an inquiry in relation to that child under section 33 of the old Act.

69 Old child safety inquiries

(1) If the Minister made a recommendation under section 33A(1) of the old Act before the commencement day and the Child Safety Commissioner had not commenced an inquiry in relation to that recommendation before that day, then on and from that day—

(a) Division 4 of Part 6 of the old Act continues to apply to that recommendation despite its repeal; and

(b) that Division applies as if a reference in that Division to the Child Safety Commissioner were a reference to the Commission.

(2) If, immediately before the commencement day, the Child Safety Commissioner was conducting an inquiry under section 33A of the old Act, on and from the commencement day—

(a) Division 4 of Part 6 of the old Act continues to apply to that inquiry despite its repeal; and

(b) that Division applies as if a reference in that Division to the Child Safety Commissioner were a reference to the Commission.

70 Division 3 inquiries relating to provision of services before commencement day

The Commission must not conduct an inquiry under Division 3 of Part 5 in relation to services provided, or omitted to be provided, before the commencement day unless the Commission considers that the inquiry will assist in the improvement of the provision of those services.

71 Confidentiality

(1) A reference in Part 6 to protected information includes a reference to—

(a) information acquired under Division 2 of Part 6 of the old Act; and

(b) information acquired by reason of being a relevant person within the meaning of section 40 of the old Act if that information will or may identify a person who is or has been—

(i) a child in out of home care; or

(ii) a child who is or whose death is the subject of an inquiry under Division 4 of Part 6 of the old Act; or

(iii) a family member of a person referred to in subparagraph (i) or (ii).

(2) A reference in Part 6 to a relevant person includes a reference to a relevant person within the meaning of section 40 of the old Act.

(3) A reference in Part 6 to this Act includes a reference to the old Act.

72 First annual report

The Commission must include in its first report of operations under Part 7 of the Financial Management Act 1994 a report on the operation of Part 6 of the old Act between 1 July 2012 and the commencement day.

New s. 73 inserted by No. 61/2014 s. 160.

73 Transitional provision—Tabling of reports of certain inquiries under Division 3

(1) Division 7 of Part 5 applies to the report of an inquiry under Division 3 of that Part as if it were a report of an inquiry under Division 4 of that Part if—

(a) the Commission had commenced the inquiry before the commencement day, other than on the recommendation of the Minister; and

(b) the inquiry is in relation to—

(i) services provided, or omitted to be provided, by a community service; or

(ii) child protection services or youth justice services provided, or omitted to be provided, by the Secretary; and

(2) In this section—

commencement day means the day on which Part 9 of the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 comes into operation.

Pt 9 (Heading and ss 73−84) repealed by No. 79/2012 s. 84, new Pt 9 (Heading and new s. 74) inserted by No. 58/2025 s. 68.

Part 9—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025

New s. 74 inserted by No. 58/2025 s. 68.

74 Continued protection of information acquired under reportable conduct scheme

(1) Despite the commencement of section 68(2) of the amending Act, section 55 continues to apply on and after the commencement day in respect of information acquired under Part 5A of the Child Wellbeing and Safety Act 2005 by a relevant person within the meaning of section 54 as in force immediately before the commencement day.

(2) In this section—

amending Act means the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025;

commencement day means the day on which Part 3.1 of the amending Act comes into operation.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 13 November 2012

Legislative Council: 29 November 2012

The long title for the Bill for this Act was "A Bill for an Act to establish the Commission for Children and Young People and for other purposes."

The Commission for Children and Young People Act 2012 was assented to on 18 December 2012 and comes into operation on 1 March 2013: Special Gazette (No. 27) 29 January 2013 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

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

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

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

• Punctuation

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

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Commission for Children and Young People Act 2012 by Acts and subordinate instruments.

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

Commission for Children and Young People Act 2012, No. 79/2012

Assent Date:	18.12.12
Commencement Date:	S. 84 on 1.4.14: s. 84
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 3) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 22) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 7) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date:	9.9.14
Commencement Date:	Ss 155–160 on 10.9.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015, No. 63/2015

Assent Date:	1.12.15
Commencement Date:	S. 14 on 1.1.16: Special Gazette (No. 426) 22.12.15 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Children Legislation Amendment Act 2016, No. 8/2016

Assent Date:	15.3.16
Commencement Date:	Ss 23–27 on 16.3.16: s. 2(3)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	S. 163 on 1.2.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 78(2)(3) on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 78(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016, No. 63/2016

Assent Date:	15.11.16
Commencement Date:	Ss 9–13 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017

Assent Date:	28.2.17
Commencement Date:	S. 10 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 3) on 1.9.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date:	14.6.17
Commencement Date:	S. 33 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018

Assent Date:	7.8.18
Commencement Date:	S. 134 on 1.10.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 255 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 184–190 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)

Assent Date:	6.9.22
Commencement Date:	Ss 796−798 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date:	27.6.23
Commencement Date:	S. 65 on 28.6.23: s. 2(1); ss 38, 39, 56–58 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 3) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	Ss 789–791 on 30.9.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025

Assent Date:	16.12.25
Commencement Date:	Ss 64–68 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1
Current State:	This information relates only to the provision/s amending the Commission for Children and Young People Act 2012

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3 Explanatory details

No entries at date of publication.

1 Commission for Children and Young People Act 2012

Version No. 023

Commission for Children and Young People Act 2012

No. 79 of 2012

Version incorporating amendments as at
23 February 2026

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Child protection client 8

5 Vulnerable children and young persons 8

Part 2—Commission for Children and Young People 10

Division 1—The Commission 10

6 Establishment of Commission 10

7 Objective of Commission 10

8 Functions of Commission 10

9 Powers of Commission 12

10 Functions of Principal Commissioner 12

Division 2—Principal Commissioner and additional Commissioners 12

11 Appointment of Principal Commissioner 12

12 Appointment of additional Commissioner 13

13 Remuneration and allowances 13

14 Terms and conditions of appointment 13

15 Vacancy and resignation 14

16 Removal from office 14

17 Acting Principal Commissioner 15

18 Acting Commissioner 15

19 Application of Public Administration Act 2004 16

Division 3—General 16

20 Delegation 16

21 Staff 17

22 Authorised persons 18

23 Assistance to be provided 18

23A Matter relating to monitoring role under Terrorism (Community Protection) Act 2003 to be included in annual report 19

Part 4—Monitoring out of home care services 20

28 Functions in relation to children in out of home care 20

29 Assistance to be provided 20

30 Access to records 20

Part 4A—Assistance and advocacy for children and young persons 22

30A Definition 22

30B Commission's functions in relation to protected children or young persons 22

30C Request for information by the Commission 23

30D Avoiding unnecessary duplication 24

Part 5—Inquiries 25

Division 1—Preliminary 25

31 Object of inquiries 25

The Act organises its architecture around a small number of defining concepts that determine both the Commission’s remit and the obligations it can impose or request from other entities.

Vulnerable child or young person is central. The Act defines “vulnerable child or young person” by reference to a list of categories, including current or former child protection clients, youth justice clients, children receiving services from a community service, children whose primary family carer has received services, children who died from abuse or neglect, and persons under 21 who are leaving Secretary care (s 5). This definition drives who can be the subject of Commission functions, inquiries and the Part 4A assistance and advocacy functions (s 30A cross‑references child protection clients and out of home care).

Child protection client is a defined procedural concept: someone who is the subject of a report under specified sections of the Children, Youth and Families Act 2005 and whose case has not been recorded closed by the Secretary (s 4). It is the triggering status for the mandatory death inquiry obligation (s 34).

Protected child or young person is a narrower, Part 4A term encompassing child protection clients and recent former clients, children in or recently in out of home care, and young people up to age 21 who were previously under Secretary parental responsibility and intend to live independently (s 30A). The Commission may provide advice, information and advocacy for protected children or young persons, and can request information for those purposes (ss 30B-30C). Notably, the Commission’s request power under s 30C is framed so disclosure by the Secretary or out of home care service depends on whether that entity “considers it is reasonably necessary” (s 30C(2)).

Inquiries: the Act separates inquiry types and sets differing triggers and tests. Death‑of‑child protection‑client inquiries are mandatory for qualifying deaths (s 34). Discretionary inquiries can relate to a vulnerable child or group (s 37) or to systemic issues in service provision (s 39), subject to resource and utility criteria (s 39(1)(c)). The Minister can recommend inquiries, but the Commission retains decision authority (ss 38(2), 40(2)); if it declines, it must provide reasons (ss 38(3), 40(3)).

Access and assistance: several provisions create duties to provide assistance and records. The Secretary must ensure the Commission or authorised person is given reasonable assistance (s 23). Persons in charge of out of home care services must provide assistance for Part 4 functions (s 29). For inquiries the Commission may access information held by specified Departments, community services, health services, human services and schools, and those bodies must provide access (s 42(1), (2), (3)). Part 4 contains express access for out of home care investigations (s 30).

Confidentiality concepts: “protected information” and “relevant person” are defined for Part 6 (s 54). Relevant persons are subject to a general prohibition on disclosure of protected information (s 55), with explicit permitted disclosures to other relevant persons (s 56), courts and legal advisers (ss 57-58), Ministers and Secretaries (s 60), and specified other authorities where relevant to their statutory functions (s 53(1)-(2)). The Act imposes a monetary penalty for unauthorised disclosure by relevant persons (s 55).

Professional disclosure and protections: relevant professionals (health professionals, welfare practitioners and education professionals, as defined in s 3) may disclose information to the Commission in relation to inquiries (s 43). Disclosures made under ss 42 or 43 in good faith do not constitute unprofessional conduct and are free from liability (s 44). Natural persons enjoy statutory protection against compulsory self‑incrimination in inquiry processes (s 45).

Independence and accountability: the Commission must act independently and impartially in performing its functions (s 8(2)), and when acting in relation to a vulnerable child must promote the best interests of that child (s 8(3)). Appointment, remuneration and removal of Commissioners are matters for Governor in Council on Ministerial recommendation (ss 11-16), but the Act specifies removal grounds and includes provisions about delegation, staff under the Public Administration Act 2004 and interaction with other investigative authorities (ss 16, 19, 20, 21, 32-33).

Cross‑statutory links: the Act is heavily cross‑referenced. Definitions rely on Children, Youth and Families Act 2005, Education and Training Reform Act 2006, Health Services Act 1988, Mental Health and Wellbeing Act 2022, Youth Justice Act 2024, the Independent Broad‑based Anti‑corruption Commission Act 2011 (IBAC), and the Privacy/FOI/NDIS regimes (see s 3 definitions; s 53 list of authorities). The Act therefore operates within a network of sectoral statutes that define professional classifications, service types, and information pathways.

These concepts determine both the Commission’s substantive scope and the procedural mechanics for inquiries, access to information and the boundaries of disclosure in a system that balances investigatory reach with confidentiality protections and professional privilege exceptions.

The Act creates obligations and rights that touch multiple cohorts across public agencies, funded service providers, professionals and vulnerable individuals.

Children and young people: The immediate subjects are “children” (under 18) and “young persons” (see s 3 def. of child). Vulnerable children and young persons are explicitly captured (s 5); that definition covers child protection clients (s 4), youth justice clients, children receiving community service supports and those whose primary family carer received services, children who have died from abuse or neglect, and young people under 21 leaving Secretary care (s 5). Part 4A extends assistance/advocacy to “protected children or young persons” including recent former child protection clients and those aged under 21 formerly in Secretary care (s 30A).

Service providers and institutions: Community services, health services, human services, schools, out of home care services and youth justice centres are within the Commission’s reach. The Commission may investigate out of home care services at the Minister’s request (s 28(c)), and persons in charge of out of home care services must ensure the Commission is provided reasonable assistance (s 29). For inquiries, community services, health services, human services and schools must provide access to information and documents (s 42(1)(c); ss 42(2)-(3)).

Government departments and Secretaries: The Secretary to the Department of Families, Fairness and Housing is a central interface. The Secretary must provide assistance to the Commission (s 23) and must advise the Commission of deaths of child protection clients if the Secretary is aware (s 35). The Secretary is specifically able to disclose information in response to s 30C requests for Part 4A functions if the Secretary considers disclosure reasonably necessary (s 30C(2)) and must disclose adverse events relevant to Commission functions for out of home care or persons detained in youth justice centres (s 60A). The Commission may also request and access Departmental records under s 42.

Relevant professionals: Health professionals, education professionals and welfare practitioners (defined in s 3) are affected as they may be asked to provide information to the Commission during an inquiry (s 43). They are given statutory protections for making disclosures in good faith (s 44).

Commission staff, authorised persons and Commissioners: Individuals authorised by the Commission under s 22 to assist are “authorised persons” and must be appropriately qualified (s 22(3)). Relevant persons (Principal Commissioner, Commissioners, delegates, authorised persons and staff) hold “protected information” and are subject to the prohibition on unauthorised disclosure (s 55), with permitted exceptions (ss 56-60A).

Ministers, Parliament and oversight bodies: The Commission provides reports to Ministers and to the Secretary on completion of an inquiry (s 46), may give reports to other Ministers where responsibilities arise (s 47), and may give reports to Parliament where procedural requirements are satisfied (ss 49-52). The Commission may disclose information to other authorities (Ombudsman, IBAC, coroner, Disability Services Commissioner, Health Complaints Commissioner, Information Commissioner, Mental Health and Wellbeing Commission) where relevant to those agencies’ statutory functions (s 53(1)-(2)). The Commission must notify IBAC of matters it reasonably suspects involve corrupt conduct (s 61).

Primary family carers and families: Primary family carers of children are included in the definition of vulnerable children where they have received services (s 5(e)). Family members may be named in inquiries; however, the Act prohibits giving a report to Parliament that contains identifying information about affected children, young persons or family members (s 51).

People in youth justice settings and those detained: The Act’s definitions include youth justice clients, youth justice centres, and youth residential centres (s 3 definitions and s 5). The Commission’s functions extend to those cohorts and interactions with the Youth Justice Act 2024 are reflected in the confidentiality and delegation provisions (see s 54, s 20(3)(cb)-(cc)).

Private contractors and consultants: The Principal Commissioner may engage consultants, contractors or agents (s 10(2)). Entities receiving State contracts to provide disability, family violence, sexual assault, family support, housing or homelessness services are classified as human services (s 3), placing them within the suite of bodies that must provide access to information in inquiries (s 42(1)(c)) and that may be the focus of systemic inquiries under s 39.

In short, the Act affects: the specified cohort of children and young people (and their families), multiple tiers of service providers (state, non‑government and contracted), departmental officials and Secretaries, professionals required to disclose in inquiries, Commission personnel and authorised persons, Ministers and Parliament, and specified complaint and oversight bodies that may receive disclosures. The precise obligations vary by role: some duties are mandatory (e.g. Secretary assistance s 23; out of home care provider assistance s 29; access obligations under s 42), others are permissive or discretionary (e.g. s 30C disclosures where the Secretary “may” disclose if it considers disclosure reasonably necessary).

The Act sets out the principal duties that bind the Commission and other actors, together with rights and procedural protections.

Duties of the Commission

Independence and best interests: The Commission must act independently and impartially (s 8(2)), and when performing a function in relation to a vulnerable child must pursue the child’s best interests (s 8(3)).
Functions and inquiries: The Commission must conduct an inquiry into a qualifying death of a child protection client (s 34). It may conduct other inquiries into the safety and wellbeing of vulnerable children (s 37) and systemic service provision issues (s 39), subject to the Commission’s resource assessment (s 39(1)(c)).
Reporting: After completing an inquiry, the Commission must give the report to the Minister and the Secretary (s 46) and, when relevant, to other Ministers (s 47). Before giving a report that includes adverse comment or opinion, the Commission must give the person, community service, health service, human service, school or the Secretary an opportunity to comment (s 48). The Commission may give reports to Parliament under specified conditions (ss 49-50), and may publish reports on an appropriate internet site once they have been given to Parliament (s 52).

Duties of the Secretary and Departments

Assistance: The Secretary must ensure that the Commission or authorised person is provided with assistance reasonably required for the Commission to perform its functions (s 23).
Notification of deaths: The Secretary must advise the Commission of a qualifying death of a child protection client if the Secretary is aware (s 35).
Disclosures to Commission: For Part 4A purposes, the Secretary may disclose information requested by the Commission if the Secretary considers disclosure reasonably necessary for the Commission’s functions (s 30C(2)). The Secretary must disclose adverse events related to children in out of home care or persons detained in youth justice centres if the information is relevant to Commission functions (s 60A).

Duties of service providers and schools

Assistance and access: Persons in charge of out of home care services must ensure the Commission is provided assistance for Part 4 functions (s 29). Community services, health services, human services and schools must provide access to information, documents or records in relation to persons or services that are the subject of an inquiry (s 42(2)-(3)). For out of home care investigations requested by the Minister, the Commission and authorised persons must be given access to departmental records and service records (s 30(2)-(3)).

Duties and rights of professionals

Disclosure upon request: The Commission or an authorised person may request relevant professionals (health, education, welfare) to provide information reasonably required for an inquiry (s 43(1)); those professionals may disclose (s 43(2)).
Protections: Disclosures made in good faith under ss 42 or 43 do not constitute unprofessional conduct or give rise to liability (s 44). Natural persons may refuse to give information that would tend to incriminate them (s 45).

Confidentiality duties and permitted disclosures

Prohibition: Relevant persons must not disclose protected information other than as necessary to perform functions or as expressly authorised (s 55). Penalty: 60 penalty units.
Permitted disclosures: Disclosure to other relevant persons for Commission functions is permitted (s 56); disclosure to courts and tribunals in criminal proceedings or under order is permitted (s 57); disclosure to legal advisers is permitted (s 58). The Commission may disclose to Ministers and the Secretary (s 60). The Commission may disclose information to specified oversight bodies (Ombudsman, IBAC, coroner, Disability Services Commissioner, NDIS Quality and Safeguards Commissioner, Health Complaints Commissioner, Information Commissioner, Mental Health and Wellbeing Commission) where the information is relevant to the recipient’s functions (s 53(1)-(2)).

Rights to information and access

Commission access: For inquiries the Commission or authorised persons may have and must be given access to Departmental and service records that are reasonably required (s 42; s 30 for out of home care investigations).
Publication and parliamentary privilege: Once a report is given to Parliament under s 50, the Commission may publish it on an appropriate internet site and that publication is absolutely privileged (s 52(1)-(2)). However, the Commission must not give a copy of a report to Parliament that contains identifying information about affected children, family members or primary carers (s 51).

Administrative rights and checks

Opportunity to respond: The Commission must give affected persons and service heads an opportunity to comment on adverse comments before giving the report to the Minister or Secretary (s 48), and there is a 14‑day rule for matters to which Division 7 applies before Parliament can be given a report (s 49).
Delegation and non‑delegation: The Commission may delegate many powers to Commissioners and staff (s 20), but several powers are non‑delegable, such as powers related to Youth Justice Act reporting and some publishing powers (s 20(3) as amended).
Integrity reporting: The Commission has a duty to notify IBAC of suspected corrupt conduct that it becomes aware of in the course of its functions, subject to exemptions (s 61).

Appointments and removals

Appointment process: The Governor in Council appoints the Principal Commissioner and Commissioners on Ministerial recommendation, with qualification requirements (ss 11-12).
Removal: The Governor in Council may remove a Commissioner on grounds such as misconduct, neglect of duty, inability to perform duties, engaging in paid employment outside duties, or other grounds of unfitness (s 16).

These duties and rights create an operational model in which the Commission has broad investigatory and advisory reach (power to access documents and require assistance), while confidentiality obligations and statutory protections constrain use and dissemination of information obtained in the exercise of those powers.

The Act contains a limited but focused set of enforcement levers: statutory penalties for unauthorised disclosure, mandatory reporting obligations to oversight bodies, exercise of administrative powers (access and assistance), appointment and removal controls, and privileges for publication of parliamentary reports.

Penalty for unauthorised disclosure

A central enforcement provision is the prohibition on disclosure of “protected information” by a relevant person (Principal Commissioner, Commissioners, delegates of the Commission, authorised persons and staff) except where necessary to perform functions or as expressly authorised (s 55). The Act prescribes a penalty for contravention: 60 penalty units (s 55; penalty note). This is a monetary/civil penalty provided in the Act. The relevant person categories are defined in s 54.

Access and compulsory assistance as an enforcement mechanism

The Act enforces cooperation through mandatory assistance duties rather than broad coercive penalties. The Secretary must ensure assistance is provided to the Commission or authorised person as required for reasonable performance of functions (s 23). Persons in charge of out of home care services must ensure assistance for Part 4 functions (s 29). For inquiries, community service, health service and human service operators and schools “must provide” access to information and records the Commission reasonably requires (s 42(2)-(3)). These obligations create compliance duties on managers of services and public bodies to provide access; failure to comply could engage departmental oversight or administrative action, although the Act itself does not specify criminal sanctions for non‑cooperation beyond the protected information disclosure penalty.

Mandatory integrity reporting

The Commission must notify IBAC of any matter it suspects on reasonable grounds involves corrupt conduct, subject to exemptions (s 61(1)). This imposes an internal compliance obligation that feeds matters into a statutory anti‑corruption system. The provision also contains carve‑outs and cross‑reporting rules (ss 61(2)-(4)).

Protections and limits

Disclosers who provide information to the Commission under ss 42 or 43 in good faith are insulated from professional sanction and civil liability (s 44). Natural persons have statutory protection against compelled self‑incrimination in relation to information requests under ss 42 and 43 (s 45), which limits the Commission’s investigatory coercive reach in practice.

Administrative staffing and removal

The Governor in Council may remove a Commissioner at any time on enumerated grounds including misconduct and neglect of duty (s 16). That power is an internal enforcement mechanism to manage commissioner conduct. The Act also restricts application of the Public Administration Act 2004 to Commissioners (s 19), affecting the administrative framework and employment protections for Commissioners.

Publication privileges and parliamentary reporting

The Act confers absolute privilege on reports published on an appropriate internet site after being given to Parliament (s 52(2)), applying constitutional protections for parliamentary proceedings. However, the Act also prohibits giving Parliament a report that contains identifying information about children or family members (s 51), so publication power is curtailed in respect of identifying particulars.

Enforcement gaps and administrative remedies

The Act relies predominantly on administrative duties, access obligations and the 60 penalty unit sanction for disclosure breaches. It does not, within the text presented, specify criminal offences for obstruction or non‑cooperation beyond the disclosure penalty. Enforcement, therefore, will rely on compliance mechanisms, administrative remedies, IBAC referral (s 61), departmental oversight and the public and parliamentary scrutiny triggered by reports.

The enforcement design emphasises compulsory cooperation (assistance and access duties), information controls (confidentiality and permitted disclosures), integrity reporting to IBAC, and statutory appointment/removal powers, with a specific monetary penalty targeted at improper disclosure by Commission personnel (s 55).

This Act is highly cross‑referential and functions within a network of sectoral statutes, which both expand and limit the Commission’s reach. The text contains numerous express references and integration points.

Primary cross‑references and definitional links

Children, Youth and Families Act 2005: Definitions such as “child protection client”, “out of home care service”, “youth justice centre”, “youth justice client” are tied to that Act (see s 3 definitions and s 4). The Act also repealed and re‑enacted provisions of the Child Wellbeing and Safety Act 2005 (s 1) and contains transitional provisions tying prior inquiry processes to the new regime (Part 8, ss 63-73).
Education and Training Reform Act 2006: The “education professional” definition references teacher registration and school principals under that Act (s 3).
Health Services Act 1988 and Mental Health and Wellbeing Act 2022: “Health professional” and “health service” references are linked to those statutes (s 3). The confidentiality protections carve out non‑contravention of section 141 of the Health Services Act 1988 and the Mental Health and Wellbeing Act 2022 s 730 (s 44(c)).
Youth Justice Act 2024: Part 5 and confidentiality definitions incorporate cross‑references to the Youth Justice Act 2024 (s 54), and s 20 includes non‑delegable powers explicitly tied to Youth Justice Act reporting (ss 20(3)(cb)-(cc)).

Information regimes and oversight bodies

The Act expressly allows disclosure to a suite of oversight bodies where information is relevant to their statutory functions (s 53). That list includes the Ombudsman, IBAC (Independent Broad‑based Anti‑corruption Commission Act 2011), coroner, Disability Services Commissioner (Disability Act 2006), Commissioner of the NDIS Quality and Safeguards Commission (Commonwealth NDIS Act cross‑reference), Health Complaints Commissioner (Health Complaints Act 2016), the Information Commissioner under FOI and privacy regimes (Freedom of Information Act 1982; Privacy and Data Protection Act 2014), and the Mental Health and Wellbeing Commission (Mental Health and Wellbeing Act 2022). The Commission’s disclosure to these authorities must be relevant to the authorities’ statutory functions (s 53(2)), creating a legal nexus rather than an unrestricted gateway.

Freedom of information, privacy and protected information

The Act’s confidentiality scheme interacts with FOI and privacy regimes. For instance, s 53(1)(f) names the Information Commissioner appointed under the FOI Act in their capacity under the Privacy and Data Protection Act 2014. The Act also contains notes pointing users to Part 5A of the Family Violence Protection Act 2008 about information‑sharing entities (note to s 55). The Commission’s ability to publish reports to the internet is given absolute privilege under ss 52(1)-(2) once reports are given to Parliament, but s 51 prohibits giving Parliament reports containing identifying information.

Police and coronial processes preserved

The Act explicitly states that nothing in Part 5 is intended to limit or affect police or coroner powers to investigate child deaths (s 33). That prioritisation preserves coronial and criminal investigative primacy where applicable.

Delegation and public administration law

The Commission may employ staff under the Public Administration Act 2004 (s 21(1)), but s 19 limits the application of the Public Administration Act to the Principal Commissioner and excludes it for other Commissioners. The Governor in Council appoints and removes Commissioners (ss 11-16), engaging executive appointment norms. Delegation powers are established (s 20), but the Act lists non‑delegable powers, an allocation that has been amended through subsequent amending Acts (see editorial notes to s 20 and the Table of Amendments).

Reportable conduct and transitional arrangements

The 2025 Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act has a transitional provision preserving the protection of information acquired under the reportable conduct scheme (Part 9 s 74). The Act therefore interacts with the worker screening and reportable conduct frameworks, specifying continuity of confidentiality protections for material acquired under earlier arrangements.

IBAC and integrity systems

The Act’s mandatory IBAC notification obligation (s 61) connects the Commission into the state anti‑corruption architecture established by the Independent Broad‑based Anti‑corruption Commission Act 2011. The Commission must notify IBAC of matters it reasonably suspects involve corrupt conduct, subject to exemption mechanisms under that Act.

Clinical decision‑making carve‑out

The Commission is expressly barred from conducting inquiries into the appropriateness of clinical decision‑making of registered health practitioners (s 39(3)). That carve‑out respects professional regulatory oversight and clinical practice jurisdictions defined under health practitioner regulation.

Taken together, the Act is constructed to sit within an ecosystem of sectoral statutes and oversight agencies; it both draws on those statutes for definitions and constrained powers and supplies a mechanism for investigation, reporting and disclosure that is conditional on relevance to the statutory functions of other authorities.

This version of the Act is Version No. 023 and incorporates amendments as at 23 February 2026. The endnotes and in‑text amendment annotations in the statute provide an explicit amendment trail. The Table of Amendments lists the amending Acts and identifies commencement dates and specific items that altered the Act’s content.

Selected chronological highlights from the amendment table and in‑text annotations (documented in the statute):

2014 amendments: Several Acts in 2014 (Mental Health Act 2014; Victoria Police Amendment Act 2014; Privacy and Data Protection Act 2014; Children, Youth and Families Amendment Act 2014) amended definitions and inserted or substituted provisions (see Table of Amendments entries for Nos 26/2014, 37/2014, 60/2014, 61/2014). The Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 inserted ss 155-160 on 10 September 2014 (Table of Amendments).
2015 Child Safe Standards changes: Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015 (No. 63/2015) amended certain definitions and operative provisions, including the health service definition (in‑text annotation at s 3).
2016 integrity and oversight adjustments: Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016 (No. 30/2016) amended s 61 (IBAC obligations) and other integrity‑related provisions. The Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016 (No. 63/2016) inserted provisions concerning authorised persons and protected information (see annotations to ss 22, 54-56).
2017 reportable conduct and FOI changes: Children Legislation Amendment (Reportable Conduct) Act 2017 (No. 4/2017) and Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017 (No. 20/2017) made further changes; s 20(3) non‑delegable items were inserted and later repealed or amended (see s 20 annotations).
2018 terrorism monitoring reporting: Justice Legislation Amendment (Terrorism) Act 2018 (No. 32/2018) led to insertion of s 23A requiring inclusion in the Commission’s annual report of matters relating to the monitoring role under the Terrorism (Community Protection) Act 2003.
2019 NDIS transition amendments: Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 (No. 19/2019) added “registered NDIS provider” to the human service definition (s 3).
2020 worker screening alignment: Worker Screening Act 2020 (No. 34/2020) changed the Secretary definition and other administrative matters, with consequential amendments commencing 1 February 2021 (Table of Amendments).
2022 mental health reforms: Mental Health and Wellbeing Act 2022 (No. 39/2022) updated cross‑references and added the Mental Health and Wellbeing Commission to s 53 disclosure recipients (commenced 1 September 2023).
2023 child and health legislation: Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023 (No. 17/2023) inserted Part 4A (ss 30A-30D) establishing assistance and advocacy for protected children and young persons, plus amendments to disclosure and access provisions (see s 30A, s 30B, s 30C, s 30D entries). It also amended staff and definitions (Table of Amendments).
2024-2025 youth justice and integrity/drafting changes: Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (No. 31/2024) and Youth Justice Act 2024 (No. 32/2024) introduced specific non‑delegable powers and confidentiality cross‑references (see s 20 and s 54 annotations; Youth Justice Act commencement entries reference ss 789-791). The Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 (No. 58/2025) made further changes effective 23 February 2026, including repeal of some earlier delegations and insertion of transitional protection for reportable conduct information (Part 9 s 74).

Textual amendment markers in the body of the Act identify where particular subsections were inserted, substituted, amended or repealed, with direct citations (for example, “S. 30A inserted by No. 17/2023 s. 39”; “S. 23A inserted by No. 32/2018 s. 134”; “S. 61(1) substituted by No. 30/2016 s. 78(1)”). The Table of Amendments lists each amending Act with assent and commencement dates and indicates current state for each amending provision.

Practically, the amendment history reveals several trends:

incremental broadening of the Commission’s information linkages to new oversight bodies (e.g. Information Commissioner, Mental Health and Wellbeing Commission, NDIS bodies);
additions expanding direct assistance and advocacy functions for recent care leavers and protected children (Part 4A in 2023);
refinements reflecting sectoral reform (worker screening, youth justice, mental health) and efforts to ensure continuity of confidentiality protections for material originating under other schemes (Part 9 s 74).

Readers should consult the version headings and the Table of Amendments included in the statute publication for precise commencement timings and itemised amendments that affect particular subsections.

The statutory text and endnotes supplied do not record judicial determinations or reported litigation about this Act. The endnotes include the Minister’s second reading speech and commencement particulars (endnote 1), but no cases are cited in the Act or endnotes.

The Act, however, creates several discrete legal vectors where litigation or judicial review could reasonably arise. The text itself specifies procedures and decision points that may attract legal challenges; those potential vectors should be seen as structural possibilities grounded in the statute rather than as recorded litigation.

Potential litigation vectors grounded in the Act’s text:

Administrative review of Commission decisions not to conduct an inquiry: The Minister may recommend an inquiry under Divisions 3 and 4 (ss 38, 40), but the Commission determines whether to proceed. The Act requires the Commission to provide reasons if it declines (ss 38(3), 40(3)). Where a party alleges failure to exercise statutory discretion, decisions could be subject to judicial review on traditional administrative law grounds (procedural fairness, irrationality, failure to consider relevant matters) , these are procedural vulnerabilities built into a scheme that vests discretion in the Commission.
Interpretation and scope of access obligations: The Act mandates access to documents and records held by Departments and service providers for inquiries (s 42) and gives the Commission access for out of home care investigations (s 30). Disputes about the breadth of “reasonably requires” or claims of legitimate confidentiality or privilege can give rise to litigation seeking declaratory or injunctive relief or to judicial interpretation of s 42’s scope.
Confidentiality and disclosure disputes: The Act imposes a disclosure prohibition with a civil penalty for relevant persons (s 55) but includes multiple permitted disclosure pathways. Litigation could arise about whether a particular disclosure fell within an exception (ss 56-60A), whether a person was a “relevant person” or whether information constituted “protected information” under the definitions (s 54). Challenges might also involve the interplay with FOI and privacy laws named in s 53 and the Information Commissioner.
Self‑incrimination and compulsion: The protection against self‑incrimination for natural persons (s 45) could be a point of contest where the Commission seeks compelled evidence from a person who claims the statutory protection, with questions about the protection's scope and whether it extends to documentary production in particular circumstances.
Non‑delegation and internal decision‑making: The Act sets out non‑delegable functions (s 20(3) and its amendment history). Litigation might test whether the Commission improperly delegated a decision reserved to it or whether an action purportedly taken by a delegate was valid.
IBAC reporting and integrity referrals: The Commission’s mandatory obligation to notify IBAC of suspected corrupt conduct (s 61) could generate disputes over whether the obligation applies, disclosure thresholds, or whether prior referral mechanisms preclude double reporting, raising issues of statutory interpretation that could be litigated if reputational or administrative consequences flow from referral.

No specific reported judgments are supplied in the instrument or endnotes. Any litigated matters will appear in external case reports or judicial databases rather than in the Act’s text. Practitioners should monitor administrative law decisions and sectoral jurisprudence for precedents about the Commission’s exercise of discretion, access and disclosure decisions, and the interaction between this Act’s confidentiality regime and other statutory information regimes.

This Act contains several practical traps and subtleties that can produce unintended consequences if not handled deliberately. The following points are directly traceable to the Act’s text and annotations.

Mandatory versus permissive language , not everything the Commission requests must be handed over

The Secretary’s duty to ensure assistance is provided is mandatory (s 23 uses “must ensure”), and persons in charge of out of home care services have a corresponding mandatory duty for Part 4 assistance (s 29). By contrast, s 30C, which governs requests for information for the Commission’s Part 4A assistance and advocacy functions, is permissive for the Secretary and out of home care services: they “may disclose” if they consider disclosure reasonably necessary (s 30C(2)). Practitioners should not assume that all Commission requests are determinative; statutory duties differ by provision and context.

Confidentiality penalty applies to relevant persons only

The s 55 disclosure prohibition and 60 penalty unit sanction apply to “relevant persons” as defined in s 54 (Principal Commissioner, Commissioners, delegates, authorised persons and staff). The prohibition does not apply with the same penalty to third parties who are not relevant persons. That means private sector entities and external professionals may still be constrained by other laws (privacy, professional obligations), but the statutory disclosure penalty in s 55 is targeted at those within the Commission’s own orbit. Practitioners must therefore distinguish between internal Commission information controls and external legal obligations.

Opportunity to comment requirement can delay reporting and tabling

Section 48 mandates that the Commission must not give a report to the Minister or Secretary if an adverse comment or opinion is included and the Commission has not given the person or institution an opportunity to comment. Section 49 adds procedural timing constraints before a Division 4 report can be given to Parliament (14 days after Ministers and Secretary receive it). These obligations can affect timing and operational cadence of reports and may require planning for response periods and redaction to avoid identifying information (s 51).

Publication privilege limited by identifying information prohibition

While s 52(2) confers absolute privilege on internet publication of Commission reports given to Parliament, s 51 prohibits giving Parliament a report that includes identifying information about children, young persons, primary carers or family members. Practitioners must plan publications and redactions carefully: the privilege does not permit disclosure of identifying information to Parliament or the public.

Discrepancies in “must” and “may” create compliance gray zones

The Act contains numerous provisions that are framed as “may” or discretionary (e.g. Commission “may conduct” inquiries under s 37 and s 39). Conversely, other provisions use “must” (e.g. Secretary “must advise” under s 35). Entities receiving a Commission request should check the statutory source of the request to determine whether compliance is mandatory or discretionary.

Non‑delegable powers have been amended and may be multiple

Section 20 lists powers that are not delegable. The content of this list has been amended several times (see in‑text annotations and Table of Amendments). Practitioners should verify the current text for the up‑to‑date list of non‑delegable powers because delegation invalidity could be raised if a delegated officer purports to exercise a non‑delegable power.

Professional disclosures are protected but may still implicate other laws

Relevant professionals who disclose under s 43 are insulated from unprofessional conduct and liability for good faith disclosures (s 44). But this statutory protection coexists with other regimes (health records laws, privacy obligations, FOI). Care is required when handling sensitive records; the Act’s good faith protection does not displace other statutory obligations that apply to particular classes of information.

Self‑incrimination protection limited to natural persons

Section 45 provides that it is a reasonable excuse for a natural person to refuse to give information that would tend to incriminate. This protection is not framed to extend to corporations or other non‑natural entities, hence documentary compulsion directed at organisations may face fewer statutory barriers.

Access powers versus privilege and clinical decision‑making carve‑out

The Commission may access Departmental and service records for inquiries (s 42). However, s 39(3) expressly prevents inquiries into the appropriateness of clinical decision‑making of registered health practitioners. Practitioners should expect that clinical decisions are outside the Commission’s inquiry scope under s 39(3), even though records about service provision may be accessible for systemic issues.

Mandatory IBAC notification can trigger separate processes

Section 61 mandates IBAC notification for suspected corrupt conduct discovered by the Commission, subject to exemption notices under the IBAC Act. Identifying a possible corruption issue has a procedural knock‑on risk: matters are remitted into the anti‑corruption apparatus and may be investigated separately. Organisations should be aware that referrals to IBAC are statutory outputs of Commission inquiries.

Transitional and historical material remains subject to confidentiality

Part 9 s 74 preserves confidentiality protections for information acquired under the reportable conduct scheme, despite later legislative change. Practitioners dealing with legacy material must treat such material as continuing to attract Part 6 protections.

Employment and governance distinctions

The Public Administration Act 2004 applies to Commission staff but does not apply to Commissioners in respect of their office (s 19). That distinction affects employment conditions, appeals, and administration for staff versus Commissioners.

These are operational “gotchas” that derive directly from the Act’s text. Contracts, policies and internal procedures should be aligned to these textual nuances rather than to generalised assumptions about investigatory powers or disclosure obligations.

For departments, service providers, schools, professionals and Commission staff, compliance requires discrete operational steps tied to statutory obligations in the Act. The following checklist maps statutory duties to practicable actions and record‑keeping measures.

For Departments and the Secretary

Designate a single point of contact: Appoint a liaison officer responsible for receiving Commission requests, coordinating internal responses and ensuring statutory timelines are met (s 23, s 35).
Ensure assistance obligations are operationalised: Implement procedures to satisfy the Secretary’s duty to “ensure” assistance is provided (s 23). This should include clear escalation paths for requests for records, access and staff time.
Notification protocols for deaths of child protection clients: Create an immediate notification protocol for deaths that may qualify under s 34, so that the Secretary can advise the Commission “if the Secretary is aware” (s 35). Include document‑tracing and closure checks against s 4’s “case is closed” condition.
Manage Part 4A requests: For s 30C requests, document the internal decision process and reasons where the Secretary or an out of home care provider determines whether disclosure is “reasonably necessary” (s 30C(2)). Keep contemporaneous records of assessments and redaction decisions.

For out of home care services, community services, health services and schools

Provide mandated assistance: Ensure operational processes are in place to provide assistance for Part 4 investigations (s 29) and to respond to inquiries under Part 5 (s 42). This includes timely access to case files, administrative records and staff for interviews as required.
Record retention and access: Maintain indexed, searchable records of case files and administrative actions so the Commission’s “reasonably required” access can be met promptly (s 42). Establish a protocol to respond to “reasonably required” access requests that identifies files, redaction standards and timeframes.
Confidentiality management: Train staff on Part 6 confidentiality obligations, including what is “protected information” and the permitted disclosure pathways (ss 54-60A). Ensure staff who are not “relevant persons” understand their broader privacy and mandatory reporting obligations under other laws.
Part 4A liaison: For out of home care providers, ensure there is a process to respond to s 30C requests from the Commission, including rapid risk and privacy assessments and a legal sign‑off where necessary.

For professionals (health, education, welfare)

Understand disclosure permissions and protections: Familiarise staff with s 43 (ability to disclose to the Commission) and s 44 (protection from professional sanction and liability if the disclosure is in good faith). Train practitioners to document the basis for disclosure decisions and ensure consent/child protection principles are followed where possible.
Self‑incrimination considerations: Where an individual suspect that providing information might incriminate them personally, advise them of s 45 protections and obtain legal advice where necessary.

For the Commission and its authorised persons

Authorisation and training: Ensure all authorised persons are appointed by instrument and meet the qualification and training requirement in s 22(3). Keep records of authorisations, scope limitations, and training completion.
Records and confidentiality systems: Implement secure systems and procedures for handling “protected information” (s 54), including access controls, audit logs and a clear process for permitted disclosures under ss 56-60A. Consider legal privilege arrangements and counsel engagement pursuant to s 58 where necessary.
Procedural fairness for inquiry subjects: Build processes to comply with s 48’s “opportunity to respond” requirement before adverse comments are provided to Ministers or the Secretary. Record notice letters, response windows and substantive replies to avoid procedural challenge.
Parliamentary reporting timelines and redaction: When preparing reports under Division 7, ensure the 14‑day elapsed requirement (s 49) is observed, and apply s 51 prohibitions on identifying information before tabling. Maintain redaction and anonymisation checklists.

For employers and contracting entities

Contract clauses: Insert contractual clauses in State contracts defining obligations to cooperate with Commission inquiries, record retention, access protocols and indemnities for lawful disclosures. Ensure procurement templates reflect the duties under s 42 and s 29 and the potential requirement to provide assistance under s 23.
Workforce screening and reportable conduct: Align internal HR procedures with obligations under reportable conduct schemes and the transitional protections in Part 9 s 74 so that historic reportable conduct material remains protected consistent with the Act.

Compliance documentation and training

Policy updates: Update privacy, FOI, child safety and legal compliance policies to reference specific statutory duties (ss 23, 29, 30, 30C, 42, 55-61).
Training: Deliver targeted training for executives, records officers, legal teams and frontline staff on what to do when a Commission request is received, including redaction, timing and confidentiality.
Audit trails: For every request from the Commission, create an audit record capturing date/time received, statutory basis, documents provided, reasons for any refusal, redaction steps and legal advice obtained. This is critical for demonstrating good faith and for potential disclosure to IBAC or other oversight bodies.

Risk and legal‑advice triggers

Legal review triggers: Set thresholds for mandatory legal review (e.g. requests for sensitive health records, requests involving active criminal or coronial investigations, requests that raise privacy, privilege or self‑incrimination issues).
IBAC exposure: If matters raised may involve corrupt conduct, anticipate the s 61 notification pathway and obtain advice on handling disclosures and public communications.

By mapping statutory provisions to concrete administrative processes, organisations can operationalise compliance: designate liaison officers, maintain secure and searchable records, adopt redaction standards, train staff on disclosure protections, and document decisions to provide or withhold information under permissive provisions. All actions should be recorded in contemporaneous minutes or logs so that statutory duties and good‑faith actions are demonstrable if scrutiny follows.

Commission for Children and Young People Act 2012

Plain English Summary

Deep Dive

What it does

Current sections

Commission for Children and Young People Act 2012

Source text: opening excerpt

1 Commission for Children and Young People Act 2012

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