Version No. 063 Community Services Act 1970 Act No. 8089/1970




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Version No. 063

Community Services Act 1970

Act No. 8089/1970

Version incorporating amendments as at 5 April 2005


table of provisions

Section Page



1. Short title and commencement 2

2. Repeals and savings 3

3. Definitions 4

3A. Custody 10

4. Construction of references 10

4A. Judicial notice of signature 13



Part I—Department of Community Welfare Services 14

5. Principles guiding the Department 14

6. General duties of Minister 16

6A. Delegations 16

7. Functions of Secretary 17

9. Transfer of administration of certain Acts 18

10. General provisions relating to Director-General 19

Part II—Advisory Councils 22

12B. Consultative and advisory councils 23

12C. Annual attendance and travelling allowances for members of councils 24

Part III—Family Welfare Services 27

Division 1A—Child Care Agreements 27

13A. Child care agreements 27



Division 1B—Long-Term Child Care Agreements 31

13B. Children who may be the subject of a long-term child care agreement 31

13C. Long-term child care agreements 32

Division 1C—Review of Decision-Making under Child Care Agreements 39

13D. Definitions 39

13E. Review by Secretary 40

13F. Review by Victorian Civil and Administrative Tribunal 40



Division 2—Family Assistance 42

16. Application in respect of child without sufficient means of support 42

17. Application in respect of certain young persons 42

18. Certain persons to assist in investigations 44

19. Report and recommendation of magistrate 44

20. Grant or refusal of application 44

21. Duration of payments 45

22. Provision in case of illness etc. of applicant 46

23. Determination of maximum rates by Minister 47

24. Appointment of special magistrates 47

25. Powers of magistrate on investigation 47

26. Offences 48



Division 8A—Attendance at School 49

74A. Definitions 50

74B. Summoning officers 50

74C. Parents to cause child to attend school 51

74D. Parent failing to send child to school 54

74E. Certificate to be evidence as to attendance of child 55

74F. Onus of proof 55

74G. Exemption from attendance at school 57



Part VI—Research and Statistics 59

147. Research and statistics 59



Part VII—Training Services 61

Division 1—Functions 61

149. Training 61

150. Lectures, courses etc. 62

Part IX—General 65

200A. Use of departmental land etc. for community purposes 66

200AB. Provisions applying to agencies funded by Department 68

201. Obstruction etc. 70

202. General offences and penalties 70

203. Power to Governor in Council to make regulations 70

__________________ 75

SCHEDULES 76

SCHEDULE ONE 76

SCHEDULE TWO 77

═══════════════ 77



ENDnotes 78

1.General Information 78

2.Table of Amendments 79

4. Name of Act 91



3.Explanatory Details 90



Version No. 063

Community Services Act 1970

Act No. 8089/1970

Version incorporating amendments as at 5 April 2005



Long Title amended by No. 9248 s. 2(1).
An Act to establish a Department of Community Welfare Services, to make provision with respect to the Functions of that Department, to re-enact with Amendments certain Provisions of the Children's Welfare Act 1958, the Gaols Act 1958, the Street Trading Act 1958, the Youth Organizations Assistance Act 1958, and the Social Welfare Act 1960, and for other purposes.


BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):


S. 1
amended by Nos 8344 s. 26(6)(a), 8426 s. 2 (as amended by No. 8701 s. 7(a)), 8493 ss 8(2), 27(2), 9018 s. 2, 9248 ss 2(2), 3, 9427 s. 6(1)(Sch. 5 item 19) (as amended by No. 9549 s. 2(1)(Sch. item 215(a)), 9549 s. 2(1)(Sch. item 29), 9554 s. 2(1)(Sch. 1 item 2), 9879 s. 7(2)(a), 9968 s. 4, 10087 s. 3(1)(Sch. 1 item 11), 117/1986 s. 6(Sch. 1 item 5(1)(a)), 16/1987 s. 4(1).


1. Short title and commencement

s. 1

This Act may be cited as the Community Services Act 1970 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2. Repeals and savings

(1) The Acts referred to in Schedule One to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any appointment assignment application arrangement agreement determination complaint declaration report order regulation transfer certificate notice registration permit roll security summons warrant committal surety bond or recognizance or any obligation liability or right made effected issued granted given presented passed fixed incurred accrued or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

(3) Any reference in any other Act to any of the Acts referred to in Schedule One or to any of the provisions thereof shall be read and construed as a reference to this Act or to the corresponding provisions thereof.


S. 2(4) inserted by No. 8493 s. 31(a).

(4) The operation or application of Division 2 of Part III of the Penal Reform Act 1956 (the provisions of which so far as they are applicable are reproduced in Schedule Five) shall not except to the extent indicated in that Schedule be affected by the repeal of that Act by the Crimes Act 1957.

S. 3 amended by No. 46/1998
s. 7(Sch. 1) (ILA s. 39B(1)).


3. Definitions

s. 3

(1) In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of "care" inserted by No. 56/1989 s. 284(a).

"care", in Divisions 1A and 1B of Part III, means, in relation to a child or young person, the daily care and control of the child or young person but not involving custody of the child or young person;

"child'' means a person under the age of fifteen years;

S. 3(1) def. of "community service" inserted by No. 16/1987 s. 7 (as amended by No. 56/1989 s. 283(a)).

"community service" means—

(a) a community service established under section 57 of the Children and Young Persons Act 1989; or

(b) a community service approved under section 58(1) of that Act;


s. 3

S. 3(1) def. of "custody" inserted by No. 16/1987 s. 7 (as amended by No. 56/1989 s. 283(a)).

"custody" means custody as defined in section 3A;


S. 3(1) def. of "Department" amended by Nos 9248 s. 4(a), 16/1987 s. 11(a), 69/1992 s. 31(3)(a), substituted by No. 72/1997
s. 16, amended by No. 46/1998
s. 7(Sch. 1).


"Department" means the Department of Human Services;



S. 3(1) def. of "Director-General" amended by Nos 9248 s. 4(b), 9966 s. 4(a), 16/1987 s. 11(a), 69/1992 s. 31(3)(b), repealed by No. 46/1998
s. 7(Sch. 1).


* * * * *



S. 3(1) def. of "Director-General of Corrections" inserted by No. 9966 s. 4(b), repealed by No. 45/1996 s. 18(Sch. 2 item 3.1).

* * * * *


S. 3(1) def. of "employee" inserted by No. 69/1992 s. 31(3)(c).

"employee" has the same meaning as in the Children and Young Persons Act 1989;


S. 3(1) def. of "employee" inserted by No. 46/1998
s. 7(Sch. 1), repealed by No. 74/2000 s. 3(Sch. 1 item 24.1).


* * * * *


s. 3




S. 3(1) def. of "governor" repealed by No. 117/1986 s. 6(Sch. 1 item 5(1)(b)(i)).

* * * * *



S. 3(1) def. of "guardian" inserted by No. 9248 s. 4(c), amended by Nos 9549 s. 2(1)(Sch. item 30), 46/1998
s. 7(Sch. 1).


"guardian'' in relation to a child or young person, means a parent of the child or young person and any person (other than the Secretary) who is a legal guardian of the child or young person or who has the custody and control of the child or young person;


S. 3(1) def. of "Minister" amended by Nos 9248 s. 4(d), 16/1987 s. 11(a), repealed by No. 46/1998
s. 7(Sch. 1).


* * * * *

S. 3(1) def. of "Office of Corrections" inserted by No. 9966 s. 4(c), repealed by No. 45/1996 s. 18(Sch. 2 item 3.1).

* * * * *


S. 3(1) def. of "officer" inserted by No. 69/1992 s. 31(3)(d), repealed by No. 46/1998
s. 7(Sch. 1).


* * * * *


S. 3(1) def. of "parent" inserted by No. 9248 s. 4(e), substituted by No. 93/1990 s. 26(a).

"parent'' has the same meaning as in the Children and Young Persons Act 1989;


s. 3



"Part'' means Part of this Act;

S. 3(1) def. of "police gaols" inserted by No. 117/1986 s. 6(Sch. 1 item 5(1)(b)(ii)).

"police gaols" means a police gaol within the meaning of the Corrections Act 1986;

"prescribed'' means prescribed by the regulations;

S. 3(1) def. of "prison" inserted by No. 117/1986 s. 6(Sch. 1 item 5(1) (b)(iii)).

"prison" means a prison within the meaning of the Corrections Act 1986;

"prisoner'' includes any person detained in custody in a prison or a police gaol irrespective of the cause of such detention;

"regulations'' means regulations made under this Act or continued in force under this Act;

S. 3(1) def. of "Secretary" inserted by No. 69/1992 s. 31(3)(e).

"Secretary" means the Secretary to the Department;


s. 3

S. 3(1) def. of "Super-intendent" amended by Nos 8426 s. 3 (as amended by No. 8701 s. 7(b)), 9248 s. 4(f)(i)(ii), 9966 s. 4(d), substituted by No. 117/1986 s. 6(Sch. 1 item 5(1) (b)(iv)).

"Superintendent'' in relation to a remand centre or youth training centre or prison includes superintendent, officer in charge, manager or person for the time being in charge;
"trainee'' means a young person detained in a remand centre or youth training centre;

S. 3(1) defs of "Ward of the Department of Community Welfare Services" and "ward of the Department" amended by No. 9248 s. 4(g), repealed by No. 56/1989 s. 286(Sch. 2 item 4) (as amended by No. 93/1990 s. 24(h)(iii)).

* * * * *

"young person'' except where otherwise expressly provided means a person of or over the age of fifteen years and under the age of twenty-one years.

S. 3(2) inserted by No. 46/1998
s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 37).


(2) If under the Public Administration Act 2004 the name of the Department of Human Services is changed, a reference in the definition of "Department" in sub-section (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

S. 3A
inserted by No. 69/1992 s. 32(2).


3A. Custody

s. 3A

A person (including the Secretary) who has, or under the Children and Young Persons Act 1989 is granted, custody of a child has—

(a) the right to have the daily care and control of the child; and

(b) the right and responsibility to make decisions concerning the daily care and control of the child.


No. 6219 s. 4.

4. Construction of references

Unless the context otherwise requires any reference occurring in any Act or in any Order in Council by-law regulation deed contract application list order complaint declaration transfer certificate security summons warrant bond recognizance or other instrument or any other document whatsoever—

(a) to the "Children's Welfare Department'' or any like expression shall be deemed and taken to refer to and mean the Department;


S. 4(b) amended by Nos 9248 s. 5(a), 9966 s. 5(a), 117/1986 s. 6(Sch. 1 item 3(1)), 46/1998
s. 7(Sch. 1).


(b) to the "Director of Children's Welfare or the Director-General of Social Welfare'' or any like expression shall be deemed and taken to refer to and mean the Secretary;



S. 4(ba) inserted by No. 9966 s. 5(b), repealed by No. 117/1986 s. 6(Sch. 1 item 3(1)(a)).

* * * * *

S. 4(c) amended by Nos 9018 s. 3(1)(a)(b), 9966 s. 5(c) (as amended by No. 10087 s. 3(1)(Sch. 1 item 14)).

(c) to the "Director of Probation and Parole'' "chief probation officer'' or the "chief parole officer'' shall be deemed and taken to refer to and mean—



S. 4(c)(i) amended by No. 46/1998
s. 7(Sch. 1).


(i) in relation to any matter concerning probation or parole which after the commencement of section 5(c) of the Community Welfare Services (Director-General of Corrections) Act 1983 is a matter continuing to be within the responsibilities of the Secretary, the Secretary; and

s. 4

S. 4(c)(ii) repealed by No. 117/1986 s. 6(Sch. 1 item 3(1)(a)).

* * * * *



S. 4(ca) inserted by No. 9248 s. 5(b), substituted by No. 16/1987 s. 5(1).

(ca) to "Community Services Victoria" is deemed to be and must be taken to refer to and mean the Department;

(d) to a "neglected child'' shall be deemed and taken to refer to and mean a child or young person in need of care and protection under this Act;



S. 4(e) amended by Nos 9248 s. 5(c)(i)(ii), 9966 s. 5(d), 117/1986
s. 6(Sch. 1 item 5(1)(c)), 16/1987 s. 11(b), 46/1998
s. 7(Sch. 1).


(e) to the "Social Welfare Branch of the Chief Secretary's Department'' or the "Social Welfare Branch'' or the "Social Welfare Department'' or to any Division thereof shall be deemed and taken to refer to and mean the Department of Human Services or the corresponding Division thereof (as the case requires);


S. 4(f)(g) repealed by No. 117/1986 s. 6(Sch. 1 item 5(1)(d)).

* * * * *



S. 4A
inserted by No. 9248 s. 6.


4A. Judicial notice of signature


s. 4A





S. 4A(1)–(4) repealed by No. 16/1987 s. 5(2).

* * * * *



S. 4A(5) amended by Nos 9966 s. 6(a)(b), 117/1986
s. 6(Sch. 1 item 3(2)), 46/1998
s. 7(Sch. 1).


(5) All courts, judges, and persons acting judicially shall take judicial notice of the signature of the Minister and the Secretary to every document authorized or required to be signed for the purposes of this Act or the regulations or any other Act or regulations.

_______________



Pt 1
(Heading) amended by No. 9248 s. 7(1).

Part I—Department of Community Welfare Services


S. 5
amended by Nos 9248 s. 7(2)(3), 9549 s. 2(1)(Sch. item 31), substituted by No. 16/1987 s. 6.


5. Principles guiding the Department

s. 5

The practice and provision of community services by the Department are to be guided by the following principles—

(a) communities should be assisted to identify and to meet the continuing and emerging needs of families and individuals within those communities;

(b) community services should assist the community in protecting from harm and exploitation those in the community who are vulnerable because of age, disability or circumstances;

(c) community services should assist in protecting the community and helping, directing and controlling children and young people who have committed offences and are subject to the order or determination of a court;

(d) community services should be developed, and community programmes should be administered, at regional and local levels in co-operation and conjunction with government departments, local government and non-government organisations;

(e) community services should be accessible to the public and information about community services should be made widely available;


(f) the co-ordination of community services planning and delivery should be promoted by co-operating with providers and consumers of community services;

(g) voluntary participation and the involvement of self-help groups and consumers should be encouraged in the planning, development and carrying out of community services;

(h) the provision and future development of community services should attempt to—

(i) redress social and economic inequities and in so doing give priority to groups and individuals in greatest need; and

(ii) promote choice and maximise the participation of people in decisions which affect their lives; and

(iii) protect the rights of individuals in their relationship with services and service providers.

6. General duties of Minister


s. 6

(1) It shall be the duty of the Minister—

(a) to exercise and perform the powers and duties conferred upon him by or under any Act or enactment the administration of which is transferred to or vested in him by this Act or in any manner referred to in this Act; and



(b) to take such steps as he considers desirable for carrying out the objects of this Act.

S. 6(2) amended by No. 5/1986 s. 7.

(2) For the purposes of this Act the Minister may cause grants to be made to any persons organizations or institutions, whether public or private, rendering or proposing to render welfare services to the community including organizations which, in the Minister's opinion, promote the welfare of sailors who operate out of, or from time to time visit, ports in Victoria and organizations which, in the Minister's opinion, promote the welfare of the Victorian fishing industry or any other Victorian maritime industry.

S. 6(3) inserted by No. 53/1996
s. 59.


(3) Nothing in sub-section (2) applies to a children's service within the meaning of the Children's Services Act 1996.

S. 6A
inserted by No. 72/1997
s. 17.


6A. Delegations

s. 6A

The Minister may, by instrument, delegate to any person or class of persons employed in the Department or to any other officer or employee of the public service any power or function of the Minister under this Act or under any other Act or provision of an Act administered by the Minister, other than this power of delegation.

S. 7
amended by Nos 8656 s. 2(1), 9248 s. 56, substituted by No. 9966 s. 7(1).


7. Functions of Secretary


S. 7(1) amended by No. 46/1998
s. 7(Sch. 1).


(1) Subject to the Minister, the Secretary shall have the responsibility of administering the Department.

S. 7(2) repealed by No. 117/1986 s. 6(Sch. 1 item 3(3)).

* * * * *



S. 8
repealed by No. 9248 s. 8.


* * * * *
9. Transfer of administration of certain Acts

s. 9

S. 9(1) amended by Nos 9248 s. 9(a), 16/1987 s. 11(c), 46/1998
s. 7(Sch. 1).


(1) On and from the commencement of section 6 of the Community Welfare Services Act 1978 the administration of the Acts and enactments mentioned in Schedule Two (except so far as any Minister other than the Chief Secretary is charged with the administration of any provision of any such Act or enactment immediately prior to the said commencement) shall be transferred to and vested in the Minister who shall have all the powers and duties of the Minister thereunder.

S. 9(2) amended by Nos 9248 s. 9(b), 16/1987 s. 11(d), 46/1998
s. 7(Sch. 1).


(2) Any reference in any Act or enactment mentioned in Schedule Two to the Minister for Social Welfare (however expressed) shall after the commencement of this Act be deemed to be a reference to the Minister.


S. 9(3) repealed by No. 9248 s. 9(c).

* * * * *

(4) Nothing in this Act shall be construed as preventing—

(a) the transfer to or the vesting in the Minister of the administration of any Act or enactment other than those referred to in Schedule Two; or

(b) the transfer from the Minister of the administration of any of the Acts or enactments mentioned in Schedule Two or of any provisions of any such Act or enactment—

in any manner in which the administration of Acts or enactments is customarily transferred between or vested in Ministers of State in Victoria.

10. General provisions relating to Director-General



s. 10

S. 10(1) amended by No. 9549 s. 2(1)(Sch. item 32(a)(b)) (as amended by No. 9902 s. 2(1)(Sch. item 225)), repealed by No. 16/1987 s. 11(e).

* * * * *


S. 10(2) amended by No. 9018 s. 3(2), substituted by No. 9248 s. 10, amended by Nos 9944 s. 40(a), 69/1992 s. 31(4)(a), 19/1994 s. 39(1)(a), 46/1998
s. 7(Sch. 1).


(2) With the approval of the Minister the Director-General may assign in writing to any employee of the Department any of the functions or powers of the Director-General under this Act or the regulations except the power to make authorisations under section 13C(5)(a) or under any other Act or regulations either generally or in any particular case and may at any time in writing revoke any such assignment.


S. 10(2A) inserted by No. 9966 s. 7(2)(a), repealed by No. 117/1986 s. 6(Sch. 1 item 3(3)), new s. 10(2A) inserted by No. 19/1994 s. 39(1)(b), amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 37).


(2A) The Secretary may, by instrument, delegate to an executive within the meaning of the Public Administration Act 2004 the power to make authorisations under section 13C(5)(a).



S. 10(3) amended by Nos 9018 s. 3(2), 9966 s. 7(2)(b)(c), 117/1986
s. 6(Sch. 1 item 3(4)), 69/1992 s. 31(4)(b), 46/1998
s. 7(Sch. 1).


(3) All acts matters and things done or performed by any employee pursuant to an assignment under this section shall for all purposes have the same force and effect as if done or performed by the Secretary.


S. 10(4) amended by Nos 9944 s. 40(b), 9966 s. 7(2)(c), 117/1986
s. 6(Sch. 1 item 3(4)), 46/1998
s. 7(Sch. 1).


(4) Notwithstanding the making of an assignment under this section the Secretary may himself exercise or perform any functions or powers so assigned.



S. 11 amended by Nos 9966 s. 7(3), 117/1986 s. 6(Sch. 1 items 3(3) 5(1)(e)), repealed by No. 31/1994 s. 4(Sch. 2 item 15).

* * * * *

s. 10
_______________

Pt 2
(Heading) inserted by No. 9248 s. 11(1).

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