Version No. 063
Community Services Act 1970
Act No. 8089/1970
Version incorporating amendments as at 5 April 2005
TABLE OF PROVISIONS
Section
1.
2.
3.
3A.
4.
4A.
Short title and commencement
Repeals and savings
Definitions
Custody
Construction of references
Judicial notice of signature
PART I—DEPARTMENT OF COMMUNITY WELFARE
SERVICES
5.
6.
6A.
7.
8.
9.
10.
11.
Principles guiding the Department
General duties of Minister
Delegations
Functions of Secretary
Repealed
Transfer of administration of certain Acts
General provisions relating to Director-General
Repealed
PART II—ADVISORY COUNCILS
12, 12A. Repealed
12B. Consultative and advisory councils
12C. Annual attendance and travelling allowances for members of
councils
Page
2
2
3
8
8
10
11
11
12
13
13
13
14
15
16
17
17
17
18
PART III—FAMILY WELFARE SERVICES
21
Division 1—Repealed
21
13.
Repealed
21
Division 1A—Child Care Agreements
13A. Child care agreements
21
21
i
Section
Page
Division 1B—Long-Term Child Care Agreements
13B. Children who may be the subject of a long-term child care
agreement
13C. Long-term child care agreements
Division 1C—Review of Decision-Making under Child Care
Agreements
13D.
13E.
13F.
14.
Definitions
Review by Secretary
Review by Victorian Civil and Administrative Tribunal
Repealed
Division 2—Family Assistance
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Divisions 3–8—Repealed
Repealed
30
30
31
32
32
32
32
33
33
34
34
35
35
35
36
36
37
37
Definitions
Summoning officers
Parents to cause child to attend school
Parent failing to send child to school
Certificate to be evidence as to attendance of child
Onus of proof
Exemption from attendance at school
Divisions 9, 10—Repealed
75–84.
30
37
Division 8A—Attendance at School
74A.
74B.
74C.
74D.
74E.
74F.
74G.
24
25
32
Repealed
Application in respect of child without sufficient means of
support
Application in respect of certain young persons
Certain persons to assist in investigations
Report and recommendation of magistrate
Grant or refusal of application
Duration of payments
Provision in case of illness etc. of applicant
Determination of maximum rates by Minister
Appointment of special magistrates
Powers of magistrate on investigation
Offences
27–74.
24
37
38
39
41
41
42
43
43
Repealed
43
PARTS IV, V—Repealed
44
85–145. Repealed
44
ii
Section
Page
PART VI—RESEARCH AND STATISTICS
146. Repealed
147. Research and statistics
45
45
45
PART VII—TRAINING SERVICES
46
Division 1—Functions
46
148. Repealed
149. Training
150. Lectures, courses etc.
46
46
47
Division 2—Repealed
48
151, 152. Repealed
48
PART VIII—Repealed
48
153–198E. Repealed
48
PART IX—GENERAL
49
199, 200. Repealed
200A.
Use of departmental land etc. for community purposes
200AB. Provisions applying to agencies funded by Department
201. Obstruction etc.
202. General offences and penalties
202A.
Repealed
203. Power to Governor in Council to make regulations
__________________
49
50
51
52
52
53
53
SCHEDULES
57
SCHEDULE 1—Repeals
57
SCHEDULE 2
58
SCHEDULES 3–5—Repealed
58
═══════════════
ENDNOTES
59
1. General Information
59
2. Table of Amendments
60
3. Explanatory Details
68
iii
Version No. 063
Community Services Act 1970
Act No. 8089/1970
Version incorporating amendments as at 5 April 2005
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):
1
Long Title
amended by
No. 9248
s. 2(1).
Community Services Act 1970
Act No. 8089/1970
s. 1
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
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;
2
Community Services Act 1970
Act No. 8089/1970
s. 3
(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.
(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.
3. Definitions
(1) In this Act unless inconsistent with the context or
subject-matter—
"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;
3
S. 2(4)
inserted by
No. 8493
s. 31(a).
S. 3
amended by
No. 46/1998
s. 7(Sch. 1)
(ILA s. 39B(1)).
S. 3(1) def. of
"care"
inserted by
No. 56/1989
s. 284(a).
Community Services Act 1970
Act No. 8089/1970
s. 3
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(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
"DirectorGeneral"
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).
*
*
*
4
*
*
Community Services Act 1970
Act No. 8089/1970
s. 3
*
*
*
*
*
"employee" has the same meaning as in the
Children and Young Persons Act 1989;
S. 3(1) def. of
"DirectorGeneral 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).
*
*
*
*
*
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(1) def. of
"governor"
repealed by
No. 117/1986
s. 6(Sch. 1
item 5(1)(b)(i)).
"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;
*
*
*
5
*
*
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).
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).
Community Services Act 1970
Act No. 8089/1970
s. 3
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;
"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;
6
Community Services Act 1970
Act No. 8089/1970
s. 3
"regulations'' means regulations made under this
Act or continued in force under this Act;
"Secretary" means the Secretary to the
Department;
S. 3(1) def. of
"Secretary"
inserted by
No. 69/1992
s. 31(3)(e).
"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;
S. 3(1) def. of
"Superintendent"
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)).
"trainee'' means a young person detained in a
remand centre or youth training centre;
*
*
*
*
*
"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.
7
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)).
Community Services Act 1970
Act No. 8089/1970
s. 3A
S. 3(2)
inserted by
No. 46/1998
s. 7(Sch. 1),
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 37).
S. 3A
inserted by
No. 69/1992
s. 32(2).
(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.
3A. Custody
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;
8
Community Services Act 1970
Act No. 8089/1970
s. 4
*
*
*
*
*
(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—
(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
*
*
*
*
*
(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;
9
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)).
S. 4(c)(i)
amended by
No. 46/1998
s. 7(Sch. 1).
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).
Community Services Act 1970
Act No. 8089/1970
s. 4A
(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(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).
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.
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).
*
*
*
*
*
*
*
4A. Judicial notice of signature
*
*
*
(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.
_______________
10
Community Services Act 1970
Act No. 8089/1970
Part I—Department of Community Welfare Services
s. 5
PART I—DEPARTMENT OF COMMUNITY WELFARE
SERVICES
5. Principles guiding the Department
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;
11
Pt 1
(Heading)
amended by
No. 9248
s. 7(1).
S. 5
amended by
Nos 9248
s. 7(2)(3), 9549
s. 2(1)(Sch.
item 31),
substituted by
No. 16/1987
s. 6.
Community Services Act 1970
Act No. 8089/1970
Part I—Department of Community Welfare Services
s. 6
(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
(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
12
Community Services Act 1970
Act No. 8089/1970
Part I—Department of Community Welfare Services
s. 6A
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.
(3) Nothing in sub-section (2) applies to a children's
service within the meaning of the Children's
Services Act 1996.
6A. Delegations
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. 6(3)
inserted by
No. 53/1996
s. 59.
S. 6A
inserted by
No. 72/1997
s. 17.
S. 7
amended by
Nos 8656
s. 2(1), 9248
s. 56,
substituted by
No. 9966
s. 7(1).
7. Functions of Secretary
(1) Subject to the Minister, the Secretary shall have
the responsibility of administering the
Department.
S. 7(1)
amended by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
S. 7(2)
repealed by
No. 117/1986
s. 6(Sch. 1
item 3(3)).
*
*
*
*
*
S. 8
repealed by
No. 9248 s. 8.
13
Community Services Act 1970
Act No. 8089/1970
Part I—Department of Community Welfare Services
s. 9
9. Transfer of administration of certain Acts
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.
14
Community Services Act 1970
Act No. 8089/1970
Part I—Department of Community Welfare Services
s. 10
10. General provisions relating to Director-General
*
*
*
*
*
(2) With the approval of the Minister the DirectorGeneral 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.
(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).
15
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).
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).
Community Services Act 1970
Act No. 8089/1970
Part I—Department of Community Welfare Services
s. 10
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).
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).
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).
(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.
(4) Notwithstanding the making of an assignment
under this section the Secretary may himself
exercise or perform any functions or powers so
assigned.
*
*
*
_______________
16
*
*
Community Services Act 1970
Act No. 8089/1970
Part II—Advisory Councils
s. 12B
Pt 2
(Heading)
inserted by
No. 9248
s. 11(1).
PART II—ADVISORY COUNCILS
*
*
*
*
*
S. 12
repealed by
No. 9018
s. 4(2),
new s. 12
inserted by
No. 9248
s. 11(1) (as
amended by
No. 9427
s. 6(1)(Sch. 5
item 22)),
amended by
Nos 9549
s. 2(1)(Sch.
item 33(a)–
(c)), 9554
s. 44, 9879
s. 2(2)(a),
10262 s. 4,
repealed by
No. 16/1987
s. 10(a).
*
*
*
*
*
S. 12A
inserted by
No. 9248
s. 11(1),
amended by
Nos 9549
s. 2(1)(Sch.
item 34), 9879
s. 2(2)(b), 9966
s. 8(1),
repealed by
No. 117/1986
s. 6(Sch. 1
item 1(1)).
12B. Consultative and advisory councils
(1) The Minister may by Order under his hand—
(aa) establish a Victorian Family and Children's
Services Council to advise the Minister on—
(i) matters relating to child and family
welfare; and
17
S. 12B
inserted by
No. 9248
s. 11(1).
S. 12B(1)(aa)
inserted by
No. 56/1989
s. 284(b).
Community Services Act 1970
Act No. 8089/1970
Part II—Advisory Councils
s. 12C
(ii) matters relating to community services;
and
(iii) any other matters that are specified in
the Order; and
(a) establish such consultative or advisory
councils as he thinks fit in respect of such
matters as he determines and specifies in the
Order; and
(b) in any case where he thinks it necessary
appoint a board or commission or other body
established by or under any Act or a
committee thereof to be a consultative or
advisory council under this section.
(2) A consultative council or advisory council
established under sub-section (1) shall consist of a
chairman and such other number of members the
majority of whom shall be persons with special
knowledge in matters referred to the Council as is
specified in the Order.
(3) The Minister may by the like Order revoke or vary
any Order made under sub-section (1).
S. 12B(4)
repealed by
No. 9879
s. 2(2)(c).
S. 12C
inserted by
No. 9879
s. 2(1).
S. 12C(1)(a)
repealed by
No. 16/1987
s. 10(a).
*
*
*
*
*
12C. Annual attendance and travelling allowances for
members of councils
(1) In this section "council'' means—
*
*
*
18
*
*
Community Services Act 1970
Act No. 8089/1970
Part II—Advisory Councils
s. 12C
*
*
*
*
*
S. 12C(1)(b)
repealed by
No. 117/1986
s. 6(Sch. 1
item 1(1)).
(c) the Community Welfare Training Council
established under section 151; and
(d) any consultative or advisory council
established under section 12B.
(1A) A member of the Victorian Family and Children's
Services Council is entitled to be paid—
(a) any remuneration that is fixed by the
Governor in Council; and
S. 12C(1A)
inserted by
No. 56/1989
s. 284(c)(i).
(b) any travelling or other allowance that is fixed
by the Governor in Council.
(2) The Chairman of a council (other than the
Victorian Family and Children's Services Council)
shall be paid such annual allowance or salary and
the other members of a council (other than the
Victorian Family and Children's Services Council)
such attendance fees as are fixed by Order of the
Governor in Council.
S. 12C(2)
amended by
No. 56/1989
s. 284(c)(ii).
(3) The Chairman and the other members of a council
(other than the Victorian Family and Children's
Services Council) shall be reimbursed for personal
and travelling expenses incurred in relation to
attendance at meetings of the council (including
the use by the Chairman or another member of his
own car) in accordance with amounts determined
from time to time in respect of officers of the
public service of Victoria by the Public Service
Board under Part IV of the Public Service
Determinations.
S. 12C(3)
amended by
Nos 117/1986
s. 6(Sch. 1
item 1(6)(a)),
56/1989
s. 284(c)(iii).
*
*
*
19
*
*
S. 12C(4)
repealed by
No. 117/1986
s. 6(Sch. 1
item 1(1)).
Community Services Act 1970
Act No. 8089/1970
Part II—Advisory Councils
s. 12C
S. 12C(5)
amended by
No. 56/1989
s. 284(c)(iii).
(5) No Chairman or other member of a council (other
than the Victorian Family and Children's Services
Council) who is an officer of the public service of
Victoria or of the Commonwealth or of a
Victorian or Commonwealth statutory authority
and who attends meetings of the Council in the
normal course of his employment shall be entitled
to receive any allowance, salary, fee or
reimbursement under this section.
_______________
20
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13A
Pt 2 (Heading)
amended by
No. 9018
s. 4(1)(a),
substituted as
Pt 3 (Heading)
by No. 9248
s. 12(1).
PART III—FAMILY WELFARE SERVICES
*
*
*
*
*
Division 1A—Child Care Agreements
13A. Child care agreements
(1) In this section "service provider" means the
Secretary or the person in charge of a community
service approved under section 58(1) of the
Children and Young Persons Act 1989 or a
registered residential service within the meaning
of the Intellectually Disabled Persons' Services
Act 1986.
(2) A parent of a child or young person under
18 years of age may enter into a written agreement
with a service provider to place the child or young
person in the care of the service provider for the
purpose of supporting the child or young person
and his or her parent and encouraging and
21
Pt 3 Div. 1
(Heading
and s. 13)
repealed.1
Pt 3 Div. 1A
(Heading and
s. 13A)
inserted by
No. 16/1987
s. 8(1) (as
amended by
No. 56/1989
s. 283(c)).
S. 13A
amended by
No. 93/1990
s. 26(b)–(g)
(as amended
by No.
69/1992
s. 33(2)(a)–(f)).
S. 13A(1)
amended by
Nos 69/1992
s. 33(3)(a),
46/1998
s. 7(Sch. 1).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13A
assisting the child's or young person's parent to
resume the care of the child or young person.
(3) An agreement under sub-section (2) does not
affect the guardianship and custody of a child or
young person.
(4) An agreement under sub-section (2) must specify
a period not exceeding 6 months, for which the
agreement is to have effect.
S. 13A(4A)
inserted by
No. 69/1992
s. 33(3)(b).
(4A) If a parent who does not have custody of a child or
young person is a party to an agreement under
sub-section (2), the person who does have custody
of the child or young person may request the
service provider to return the child or young
person to that person.
S. 13A(4B)
inserted by
No. 69/1992
s. 33(3)(b).
(4B) As soon as is practicable after receiving a request
under sub-section (4A), the service provider must
notify the parent who was a party to the agreement
of the making of the request.
S. 13A(4C)
inserted by
No. 69/1992
s. 33(3)(b).
(4C) Subject to any provision to the contrary made by
or under the authority of this or any other Act, the
service provider must cause the child or young
person to be returned to the person who has
custody of him or her—
(a) as soon as practicable after notifying the
parent under sub-section (4B); or
(b) within a reasonable time if the parent cannot
be notified.
S. 13A(5)
amended by
No. 46/1998
s. 7(Sch. 1).
(5) The parties to an agreement under sub-section (2)
may agree to extend the agreement before it
expires for a further period not exceeding
6 months after reviewing the agreement and
consulting the Secretary if required by subsection (5A), which consultation must be initiated
by the service provider.
22
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13A
(5A) For the purposes of sub-section (5), the Secretary
must be consulted only if the child or young
person has been in the care of the service provider
for a continuous period of 6 months or for an
aggregate of 6 months during a period of
9 months.
S. 13A(5A)
amended by
Nos 19/1994
s. 39(2)(a),
46/1998
s. 7(Sch. 1).
(6) A child or young person under 18 years of age
may not be placed in the care of a service provider
by virtue of this section for a period exceeding
12 months, or for periods which in aggregate
exceed 12 months in any period of 18 months,
except in accordance with sub-section (7).
(7) If a child or young person has been in the care of a
service provider for a period of 12 months, or for
periods which in aggregate are equal to 12 months
in any period of 18 months, another agreement
under sub-section (2) in respect of the child or
young person must not be entered into unless—
S. 13A(7)
amended by
No. 19/1994
s. 39(2)(b).
(a) the parties have consulted with the Secretary,
which consultation must be initiated by the
service provider; and
S. 13A(7)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(b) the Secretary has consented in writing to the
making of the agreement.
S. 13A(7)(b)
amended by
No. 46/1998
s. 7(Sch. 1).
(7A) A child or young person under 18 years of age
may not be placed in the care of a service provider
by virtue of this section for a period exceeding
2 years or for periods which in the aggregate
exceed 2 years in any period of 3 years.
(8) An agreement under this section is not void or
voidable by reason only that a party to it has not
attained the age of 18 years.
(9) The wishes of the child or young person must be
taken into account in making an agreement under
this section.
23
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13B
(10) An agreement under this section may be
terminated by either party giving notice in writing
to the other party.
(11) Upon the expiry or termination of an agreement
under this section, the person having the care of
the child or young person must, as soon as is
practicable, cause the child or young person to be
returned to the parent of the child or young
person.
(12) The Minister may determine the rates to be paid in
respect of children or young persons under an
agreement under this section.
Pt 3 Div. 1B
(Heading and
ss 13B, 13C)
inserted by
No. 56/1989
s. 284(d) (as
amended by
No. 69/1992
s. 33(1)).
S. 13B
inserted by
No. 56/1989
s. 284(d) (as
amended by
No. 69/1992
s. 33(1)).
Division 1B—Long-Term Child Care Agreements
13B. Children who may be the subject of a long-term
child care agreement
Subject to section 13C, an agreement under that
section may be entered into with respect to a child
or young person who, immediately before the
entering into of that agreement, had for a period of
2 years or for periods which in the aggregate
exceed 2 years in the preceding period of
3 years—
(a) been the subject of an agreement or
agreements under section 13A; or
(b) been in the care of a children's home,
children's reception centre, approved foster
care agency or youth hostel established or
appointed under this Act; or
(c) been in the care of a community service; or
24
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13C
(d) been in the care of—
(i) a registered residential service; or
(ii) a residential institution—
within the meaning of the Intellectually
Disabled Persons' Services Act 1986; or
(e) been in the care of the Department at any
premises proclaimed to be a residential
program under section 19 of the
Intellectually Disabled Persons' Services
Act 1986.
13C. Long-term child care agreements
(1) In this section "service provider" has the same
meaning as in section 13A.
S. 13C
inserted by
No. 56/1989
s. 284(d) (as
amended by
No. 69/1992
s. 33(1)).
(2) A parent of a child or young person under
18 years of age may, with the written approval of
the Secretary, enter into a written agreement with
a service provider and, if necessary for the
purposes of sub-section (5)(b), a suitable person
with respect to the care of the child or young
person.
S. 13C(2)
amended by
Nos 93/1990
s. 26(h),
46/1998
s. 7(Sch. 1).
(3) The Secretary must not approve the entering into
of an agreement under sub-section (2) unless the
Secretary is satisfied that—
S. 13C(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(a) the agreement is in the best interests of the
child or young person; and
(b) there are no alternative means available that
would enable the parent of the child or
young person to resume the care of the child
or young person; and
(c) the wishes of the child or young person have,
having regard to the age and understanding
of the child or young person, been taken into
account in making the agreement; and
25
S. 13C(3)(b)
amended by
No. 93/1990
s. 26(i)(i).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13C
S. 13C(3)(d)
amended by
No. 93/1990
s. 26(i)(ii).
S. 13C(4)
amended by
No. 69/1992
s. 33(4).
(d) the agreement provides for the parent of the
child or young person to have an on-going
involvement with the child or young person
in the terms specified in the agreement.
(4) An agreement under sub-section (2) may provide
for a child to be in the care of—
(a) a community service; or
(b) a suitable person or persons other than—
S. 13C(4)(b)(i)
amended by
No. 93/1990
s. 26(j).
S. 13C(4)(b)(ii)
amended by
No. 46/1998
s. 7(Sch. 1).
(i) a parent of the child or young person;
or
(ii) the Secretary in his or her official
capacity; or
(iii) a person employed by a community
service in his or her official capacity; or
S. 13C(4)(c)
inserted by
No. 69/1992
s. 33(4).
(c) a registered residential service within the
meaning of the Intellectually Disabled
Persons' Services Act 1986 or a residential
institution within the meaning of that Act; or
S. 13C(4)(d)
inserted by
No. 69/1992
s. 33(4).
(d) the Department at any premises proclaimed
to be a residential program under section 19
of the Intellectually Disabled Persons'
Services Act 1986.
(5) To be a suitable person for the purposes of subsection (4)(b) a person must be—
S. 13C(5)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(a) approved in writing by the Secretary or by a
person authorised by the Secretary in that
behalf as being a person suitable to have the
long-term care of a child or young person;
and
(b) a party to the agreement under subsection (2).
26
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13C
(5A) An authorisation under sub-section (5)(a)—
(a) must be made by instrument; and
(b) may be made to the holder of an office or
position or to any person for the time being
acting in or performing the duties of an
office or position.
S. 13C(5A)
inserted by
No. 19/1994
s. 39(3).
(6) An agreement under sub-section (2) must—
(a) set out the objectives of the agreement; and
(b) set out the role of the service provider which
must include—
(i) participating in any review of the
agreement; and
(ii) assisting in the resolution of any
disputes that may arise relating to the
care of the child or young person; and
(iii) assisting, if required, in the provision of
particular services specified in the
agreement; and
(c) clarify the respective roles of the parent of
the child, the service provider and (where
appropriate) the person or persons in whose
care the child is under sub-section (4)(b).
S. 13C(6)(c)
amended by
No. 93/1990
s. 26(k).
(7) An agreement under sub-section (2) must specify
the period for which the agreement is to have
effect which—
(a) in the case of an agreement referred to in
sub-section (4)(a), (c) or (d), must not exceed
2 years; and
(b) in the case of an agreement referred to in
sub-section (4)(b), may be for any period up
to the day on which the child or young
person attains the age of 18 years.
27
S. 13C(7)(a)
amended by
No. 69/1992
s. 33(5).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13C
S. 13C(7A)
inserted by
No. 69/1992
s. 33(6).
(7A) If a parent who does not have custody of a child or
young person is a party to an agreement under
sub-section (2), the person who does have custody
of the child or young person may request the
service provider to return the child or young
person to that person.
S. 13C(7B)
inserted by
No. 69/1992
s. 33(6).
(7B) As soon as is practicable after receiving a request
under sub-section (7A), the service provider must
notify the parent who was a party to the agreement
of the making of the request.
S. 13C(7C)
inserted by
No. 69/1992
s. 33(6).
(7C) Subject to any provision to the contrary made by
or under the authority of this or any other Act, the
service provider must cause the child or young
person to be returned to the person who has
custody of him or her—
(a) as soon as practicable after notifying the
parent under sub-section (7B); or
(b) within a reasonable time if the parent cannot
be notified.
S. 13C(8)
amended by
No. 69/1992
s. 33(7).
(8) An agreement under sub-section (2) that is
referred to in sub-section (4)(a), (c) or (d)—
(a) may be reviewed at any time during the
period of the agreement at the request of one
of the parties to the agreement; and
(b) must be reviewed before the end of the
agreement; and
S. 13C(8)(c)
amended by
No. 46/1998
s. 7(Sch. 1).
(c) may, with the written approval of the
Secretary, be extended for a period not
exceeding 2 years with or without any
variation in its terms or another such
agreement may be entered into.
28
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13C
(9) An agreement under sub-section (2) that is
referred to in sub-section (4)(b)—
(a) may be reviewed at any time during the
period of the agreement at the request of one
of the parties to the agreement; and
(b) must be reviewed at least once in each period
of 2 years.
(10) Any of the following may result from a review of
an agreement under sub-section (9)—
(a) the agreement may be terminated;
(b) the agreement may be extended for a period
that does not extend beyond the day on
which the child or young person attains the
age of 18 years;
(c) the terms of the agreement may be varied;
(d) another such agreement may be entered into.
(11) An agreement under sub-section (2) is not void or
voidable by reason only that a party to it has not
attained the age of 18 years.
(12) An agreement under sub-section (2) may be
terminated by any party by giving notice in
writing to the other party or parties.
(13) On the expiry or termination of an agreement
under sub-section (2), the person having the care
of the child or young person must, as soon as is
practicable, cause the child or young person to be
returned to the parent of the child or young
person.
(14) The Minister may determine the rates to be paid in
respect of children or young persons under an
agreement under sub-section (2).
29
S. 13C(13)
amended by
No. 93/1990
s. 26(l).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13D
Pt 3 Div. 1C
(Heading and
ss 13D–13F)
inserted by
No. 56/1989
s. 284(d) (as
amended by
No. 69/1992
s. 33(1)).
S. 13D
inserted by
No. 56/1989
s. 284(d) (as
amended by
No. 69/1992
s. 33(1)).
Division 1C—Review of Decision-Making under Child Care
Agreements
13D. Definitions
In this Division—
"child care agreement" means an agreement
under section 13A;
"long-term child care agreement" means an
agreement under section 13C;
"service provider" means a service provider
within the meaning of section 13A or 13C.
S. 13E
inserted by
No. 56/1989
s. 284(d) (as
amended by
No. 69/1992
s. 33(1)).
13E. Review by Secretary
S. 13E(1)
amended by
No. 46/1998
s. 7(Sch. 1).
(1) The Secretary must prepare and implement
procedures for the review of decisions relating to
the care of the child or young person made under
or in relation to a child care agreement or a longterm child care agreement.
S. 13E(2)
amended by
Nos 93/1990
s. 26(m),
46/1998
s. 7(Sch. 1).
(2) The Secretary must ensure that a copy of the
procedures prepared under sub-section (1) is given
to the child or young person, the parent of the
child or young person, the service provider and
(where appropriate) the person or persons in
whose care the child is under section 13C(4)(b).
30
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 13F
13F. Review by Victorian Civil and Administrative
Tribunal
(1) Any of the following may apply to the Victorian
Civil and Administrative Tribunal for review of a
decision made under or in relation to a child care
agreement or long-term child care agreement
relating to the care of a child or young person—
S. 13F
inserted by
No. 56/1989
s. 284(d) (as
amended by
No. 69/1992
s. 33(1)).
S. 13F(1)
amended by
No. 93/1990
s. 26(n),
substituted by
No. 52/1998
s. 311(Sch. 1
item 14.1).
(a) the child or young person;
(b) a parent of the child or young person;
(c) any other person whose interests are affected
by the decision.
(2) An application for review must be made within
28 days after the later of—
(a) the day on which the decision is made;
S. 13F(2)
substituted by
No. 52/1998
s. 311(Sch. 1
item 14.1).
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
(3) Before a person is entitled to apply to the
Victorian Civil and Administrative Tribunal for
the review of a decision referred to in subsection (1), the person must have exhausted all
available avenues for the review of the decision
under section 13E.
31
S. 13F(3)
amended by
No. 52/1998
s. 311(Sch. 1
item 14.2).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 16
S. 14
amended by
No. 9018
s. 4(4),
repealed by
No. 9248
s. 11(2).
*
*
*
*
*
*
*
Division 2—Family Assistance
S. 15
repealed by
No. 16/1987
s. 9(a).
No. 6219 s. 30.
S. 16
amended by
No. 46/1998
s. 7(Sch. 1).
No. 6219 s. 31.
*
*
*
16. Application in respect of child without sufficient
means of support
Where any child is without sufficient means of
support any parent or other person who has the
care and custody of any such child and who is
prepared to take all necessary legal proceedings
that are available for obtaining sufficient means of
support for such child may make application in
the prescribed form to the Secretary that a
periodic sum be paid to him or her towards the
maintenance of such child.
17. Application in respect of certain young persons
(1) An application may be made under this Division
in respect of a young person if that young person
is—
(a) an invalid or otherwise incapacitated and has
not attained the age of sixteen years; or
(b) in full-time attendance at an educational
establishment.
S. 17(2)
amended by
Nos 9248
s. 13, 46/1998
s. 7(Sch. 1).
(2) Upon receipt of any such application the Secretary
shall refer it for investigation to a special
magistrate appointed pursuant to the provisions of
this Division unless the Secretary considers such a
course unnecessary.
32
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 18
(3) With the consent of any applicant the Secretary
may require any person whom he believes to be in
a position to do so to furnish to him with the
consent of the applicant a confidential report as to
the circumstances or the financial transactions of
the applicant or of the spouse or children of the
applicant or, where the applicant is not the parent,
of any parent of the child or young person.
S. 17(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(4) Where it appears to the Magistrates' Court that an
applicant is reasonably withholding his consent to
a requirement to furnish a report under the
preceding sub-section the Court may make an
order dispensing with the applicant's consent.
S. 17(4)
amended by
Nos 16/1987
s. 11(f),
57/1989
s. 3(Sch.
item 24.1).
(5) Every person who on being required to do so by
the Secretary fails to furnish a report within a
reasonable time or furnishes a report containing
any statement which is wilfully untrue in any
particular shall be guilty of an offence.
S. 17(5)
amended by
No. 46/1998
s. 7(Sch. 1).
Penalty: $250 or imprisonment for three months.
18. Certain persons to assist in investigations
All members of the police force shall, when
requested so to do, assist the Secretary in
obtaining information necessary for the
investigation of an application and Registrars of
the Magistrates' Courts shall when requested so to
do, furnish confidential reports to the Secretary as
to any matters in their possession or knowledge
with respect to any application.
19. Report and recommendation of magistrate
On the completion of his investigation the special
magistrate shall forward to the Secretary the
application together with a report upon the results
of his investigation and a recommendation as to
whether and what assistance in his opinion should
or should not be granted to the applicant.
33
S. 18
amended by
Nos 57/1989
s. 3(Sch.
item 24.2),
46/1998
s. 7(Sch. 1).
No. 6219 s. 33.
S. 19
amended by
No. 46/1998
s. 7(Sch. 1).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 20
No. 6219 s. 34.
20. Grant or refusal of application
S. 20(1)
amended by
No. 46/1998
s. 7(Sch. 1).
(1) The Secretary may grant the application with such
modifications and subject to such conditions (if
any) as he thinks fit or may refuse the application.
S. 20(2)
amended by
No. 46/1998
s. 7(Sch. 1).
(2) In any case where the Secretary considers that it
would be in the best interests of any child or
young person so to do he may direct that all or any
part of the periodic sum so granted be paid in any
manner he determines.
S. 20(3)
amended by
No. 46/1998
s. 7(Sch. 1).
(3) Any applicant whose application has been refused
shall be notified forthwith in writing of such
refusal and that he may within fourteen days after
the determination of his application by the
Secretary appeal to the Minister against the
determination and the Minister may grant or
refuse the appeal and may vary any determination
as he thinks fit.
No. 6219 s. 35.
21. Duration of payments
(1) The payment of any sum to an applicant pursuant
to the provisions of this Division—
S. 21(1)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(a) shall be made as from the date of receipt of
the application by the Secretary or such later
date as he directs;
S. 21(1)(b)
amended by
No. 46/1998
s. 7(Sch. 1).
(b) may be discontinued, suspended, increased,
or reduced at any time by the Secretary as is
warranted by the circumstances of the case;
S. 21(1)(c)
amended by
No. 46/1998
s. 7(Sch. 1).
(c) shall cease to be paid in respect of a child or
young person upon such child or young
person discontinuing full-time attendance at
school unless the Secretary directs in writing,
where the child or young person is an invalid
or is otherwise incapacitated or where in his
opinion the special circumstances of the case
make it advisable, that assistance be
continued for any further period or periods
until he attains the age of sixteen years.
34
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 22
(2) The provisions of this Division relating to
investigations shall with such adaptations as are
necessary extend and apply for the purposes of
this section.
22. Provision in case of illness etc. of applicant
When an applicant to whom payments are made
towards the maintenance of a child or young
person pursuant to the provisions of this Division
becomes incapable of properly caring for and
maintaining the child or young person the
Secretary—
No. 6219 s. 37.
S. 22
amended by
No. 46/1998
s. 7(Sch. 1).
(a) may direct that during such incapacity some
other fit person shall have the care and
maintenance of the child or young person;
(b) shall make such arrangements as he thinks
proper as to the person to whom payments
are to be made during such incapacity in
respect of the maintenance of the child or
young person.
23. Determination of maximum rates by Minister
The Minister may from time to time determine the
maximum rates of assistance to be paid in respect
of children and young persons under this Division
but may direct that the maximum rate shall not
apply in any case where the Secretary considers
that for preventing the disruption of a family a
greater rate of assistance should be paid for some
specified period or periods.
24. Appointment of special magistrates
(1) The Governor in Council may by Order published
in the Government Gazette appoint any employee
in the public service in the Department to be a
special magistrate for the purposes of this Act.
35
No. 6219 s. 38.
S. 23
amended by
No. 46/1998
s. 7(Sch. 1).
No. 6219 s. 39.
S. 24(1)
amended by
No. 46/1998
s. 7(Sch. 1).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 25
(2) Any such Order may at any time be revoked by
the Governor in Council by Order published in the
Government Gazette.
No. 6219 s. 40.
25. Powers of magistrate on investigation
For the purposes of any investigation by a special
magistrate under this Division the following
provisions shall have effect—
(a) where the magistrate is satisfied that by
reason of physical disability or other
sufficient cause the applicant is unable to
attend the magistrate may dispense with the
attendance of the applicant;
(b) the magistrate may call and examine such
witnesses as he thinks fit;
(c) in investigating any application the
magistrate shall not be bound by any rules of
evidence but shall investigate the matter and
make his recommendation according to the
substantial merits of the case without regard
to legal forms and technicalities;
S. 25(d)
amended by
Nos 9248
s. 14, 57/1989
s. 3(Sch. item
24.3).
No. 6219 s. 41.
(d) the magistrate shall have in relation to
witnesses and their examination and the
production of documents the powers of the
Magistrates' Court under the Magistrates'
Court Act 1989.
26. Offences
(1) Every person who in or in relation to any
application under this Division wilfully makes any
statement, orally or in writing, which is untrue in
any particular and every person who by false
representation obtains under this Division any
sum towards the maintenance of a child or young
person shall be guilty of an offence.
Penalty: $500 or imprisonment for six months.
36
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 74A
(2) Any person convicted for an offence against subsection (1) may in addition to any penalty
imposed for the offence be ordered to repay to the
Secretary the amount which the court considers
has been paid towards maintenance under this
Division in consequence of the untrue statement
or false representation.
(3) Any amount ordered under sub-section (2) to be
repaid to the Secretary may be recovered as a debt
due to Her Majesty.
S. 26(2)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 26(3)
amended by
No. 46/1998
s. 7(Sch. 1).
*
*
*
*
*
Pt 3 Div. 3
(Heading and
ss 27–30)
amended by
Nos 9248
ss 15–18(1)(2),
55, 16/1987
s. 10(b)–(d),
repealed by
No. 56/1989
s. 284(da) (as
amended by
No. 93/1990
s. 20(a)).
*
*
*
*
*
Pt 3 Divs 4–8
(Headings
and ss 31–74)
repealed.2
Division 8A—Attendance at School
74A. Definitions
In this Division unless inconsistent with the
context or subject-matter—
"head teacher'' means the person for the time
being in charge of a school howsoever he is
designated;
37
Pt 3 Div. 8A
(Heading and
ss 74A–74G)
inserted by
No. 9248
s. 28(1).
S. 74A
inserted by
No. 9248
s. 28(1).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 74B
"parent'' includes guardian and every person
who is liable to maintain or has the actual
custody of a child and any person with
whom a child resides or who is the occupier
of a house in which a child resides;
"State school'' means a school conducted under
the Education Act 1958.
S. 74B
inserted by
No. 9248
s. 28(1).
74B. Summoning officers
(1) The Minister may by order published in the
Government Gazette appoint as summoning
officers persons authorized by him to summon
parents, and may by order so published remove
such persons.
(2) The production of a copy of the Government
Gazette purporting to contain such order of
appointment shall be conclusive evidence that the
person to whom such order relates has been so
appointed.
(3) Every summoning officer shall without further or
other authority than this Division take all such
proceedings as may be necessary to enforce the
attendance of children at school in accordance
with the requirements of this Division.
(4) For the purpose of obtaining the name and address
of any child who apparently does not attend
school during school hours on school days, any
summoning officer may during school hours
without further or other authority than this
Division accost and detain such child in any street
or other public place.
S. 74B(5)
amended by
No. 19/1994
s. 38(10).
(5) Every person who wilfully obstructs hinders or
interferes with any summoning officer in the
performance or exercise of his duties shall be
liable to a penalty of not more than $250.
38
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 74C
74C. Parents to cause child to attend school
(1) The parents of every child of school age shall,
unless there is a reasonable excuse for the child's
non-attendance, cause such child to attend a State
school on every school half-day in each week.
(2) Attendance at a school on any school day for two
hours before noon or for two hours after noon
shall in each case be attendance on a school halfday.
(3) It shall be a reasonable excuse as regards any
child that—
(a) the child is under efficient and regular
instruction in some other manner and is
complying with the like conditions of
attendance as are required under this section
with regard to attendance at State schools;
(b) the child has been prevented from attending
school by sickness, reasonable fear of
infection, temporary or permanent infirmity
or any unavoidable cause;
(c) there is no State school which the child can
attend within a distance (measured according
to the nearest practicable route) from the
residence of the child—
(i) of 3 kilometres if the child is under
9 years of age; or
(ii) of 5 kilometres if the child is at least
9 years of age—
and that the child is being educated by
correspondence tuition; or
39
S. 74C
inserted by
No. 9248
s. 28(1).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 74C
(d) the child has been exempted from school
attendance in accordance with the provisions
of section 74G or has been excused from
school attendance in accordance with the
provisions of section 53 of the Education
Act 1958.
(4) In the event of any child being unable for any
reason to attend school on a school half-day the
parent if so required by the teacher of the school
shall within five days by himself or an authorized
agent inform the teacher of the reason of the
child's non-attendance; and all such information
shall be reduced to writing and filed by such
teacher for inspection by any authorized officer.
(5) If a parent omits to inform a teacher of the reason
of the child's non-attendance and fails to show
reasonable grounds for such omission the child
shall be deemed to be absent without a reasonable
excuse.
(6) For the purposes of this section the expression
"being educated by correspondence tuition''
means—
S. 74C(6)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(a) that the child is receiving tuition by
correspondence from a Correspondence
School of the Department of Education
pursuant to registration of the child for
enrolment thereat effected by the parent of
the child by notification as prescribed to the
head teacher of the State school nearest the
child's place of residence; or
S. 74C(6)(b)
amended by
No. 9427
s. 6(1)(Sch. 5
item 20).
(b) that the child is receiving efficient and
regular tuition by correspondence in a
manner approved by the Minister.
40
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 74D
74D. Parent failing to send child to school
(1) Every person who being the parent of a child fails
to cause such child to attend a State school as
required by this Division shall unless there is a
reasonable excuse for such failure be liable for a
first offence to a penalty of not more than $20 and
in default of payment may be imprisoned for a
term of not more than seven days, and for a
second or any subsequent offence in respect of the
same or any other child to a penalty of not less
than $20 nor more than $40 and in default of
payment to imprisonment for a term of not more
than fourteen days.
S. 74D
inserted by
No. 9248
s. 28(1).
(2) In any proceeding under this section—
(a) the court may, with the consent of the parent,
be held within closed doors; or
(b) the Court may be held at any State school;
and
S. 74D(2)(b)
substituted by
No. 57/1989
s. 3(Sch. item
24.4(a)).
(c) in either event the Court may hear and
determine the matter without requiring the
presence at the court or the school of the
parents or the child in respect of whom the
proceeding is taken.
S. 74D(2)(c)
amended by
No. 57/1989
s. 3(Sch. item
24.4(b)(i)(ii)).
74E. Certificate to be evidence as to attendance of child
A certificate purporting to be under the hand of
the head teacher of a State school or of a school
registered under the provisions of Part III of the
Education Act 1958 stating that a child is or is
not attending such school or stating the particulars
of attendance of a child at such school shall be
evidence of the facts stated in such certificate.
41
S. 74E
inserted by
No. 9248
s. 28(1).
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 74F
S. 74F
inserted by
No. 9248
s. 28(1).
74F. Onus of proof
In any proceeding in relation to the nonattendance at school of any child—
(a) the burden of proving the grounds of excuse
for non-attendance shall lie on the defendant;
(b) a statement on oath by a witness of his belief
as to the age or parentage of the child shall
be admissible and shall be prima facie
evidence of such age or parentage;
(c) a certificate purporting to be under the hand
of the head teacher of the State school
nearest to the residence of the child stating
his belief as to the age or parentage of the
child shall be prima facie evidence as to such
age or parentage;
(d) a certificate purporting to be under the hand
of the head teacher of the State school
nearest to the residence of the child stating
with respect to any period mentioned in such
certificate the number of school half-days on
which that school was open or the number of
school half-days on which the child attended
that school shall be prima facie evidence of
the facts stated in such certificate; and if
from such certificate it appears that the
number of school half-days on which the
school was open is greater than the number
of school half-days on which the child
attended, such certificate shall be prima facie
evidence that the child during such period
did not attend any State school on that
number of school half-days which is
represented by such excess;
42
Community Services Act 1970
Act No. 8089/1970
Part III—Family Welfare Services
s. 74G
(e) the fact that any such statement on oath or
certificate refers to a child of the same or a
similar name shall be prima facie evidence
that it refers to the child for or in relation to
the non-attendance of whom the proceedings
are taken.
74G. Exemption from attendance at school
The Minister may exempt a child from attendance
at school on the ground—
(a) of illness of, or severe hardship to, the child's
parents; or
S. 74G
inserted by
No. 9248
s. 28(1),
substituted by
No. 81/2003
s. 55.
(b) that the child (being at least 12 years of age)
has been recommended by a medical
practitioner for treatment that would prevent
the child attending school; or
(c) that it is in the interest of the child to be
exempted from attendance at school.
*
*
*
*
*
Pt 3 Div. 9
(Heading and
ss 75–80)
amended by
Nos 16/1987
s. 11(h)(i),
46/1998
s. 7(Sch. 1),
74/2000
s. 3(Sch. 1
item 24.2),
repealed by
No. 81/2003
s. 54.3
*
*
*
*
*
Pt 3 Div. 10
(Heading and
ss 81–84)
repealed.4
_______________
43
Community Services Act 1970
Act No. 8089/1970
s. 85
Pt 4
(Heading and
ss 85–110A)
repealed.5
*
*
*
*
*
*
*
_______________
Pt 5
(Heading and
ss 111–145)
repealed.6
*
*
*
_______________
44
Community Services Act 1970
Act No. 8089/1970
Part VI—Research and Statistics
s. 147
Pt 5
(Heading)
amended by
No. 9018
s. 7(1),
re-numbered
as Pt 6
(Heading) by
No. 9549
s. 2(1)(Sch.
item 40).
PART VI—RESEARCH AND STATISTICS
*
*
*
*
*
147. Research and statistics
The functions of the Department with respect to
research and statistics shall be—
S. 146
repealed by
No. 9018
s. 7(2).
No. 6651 s. 18.
S. 147
amended by
No. 9018
s. 7(3)(a).
(a) to conduct research and to encourage
research by qualified persons into problems
of community services;
S. 147(a)
amended by
No. 16/1987
s. 11(l).
(b) to direct the compilation of statistics and
information in the Department;
S. 147(b)
amended by
No. 9018
s. 7(3)(b).
(c) to collate and compile information relating to
such other matters persons and things as the
Minister directs;
(d) to co-operate with any persons or bodies of
persons concerned with the compilation of
the like statistics and to co-ordinate within
Victoria the activities of such persons or
bodies of persons;
(e) to disseminate information to the public with
regard to community services.
_______________
45
S. 147(e)
amended by
No. 16/1987
s. 11(l).
Community Services Act 1970
Act No. 8089/1970
Part VII—Training Services
s. 149
Pt 6
(Heading)
amended by
No. 9018
s. 8(1)(a),
re-numbered
as Pt 7
(Heading) by
No. 9549
s. 2(1)(Sch.
item 41).
PART VII—TRAINING SERVICES
Pt 7 Div. 1
(Heading)
amended by
No. 9018
s. 8(1)(b).
Division 1—Functions
S. 148
repealed by
No. 9018
s. 8(2).
S. 149
amended by
No. 9018
s. 8(3),
substituted by
No. 9248 s. 39.
*
*
*
*
*
149. Training
The functions of the Department with respect to
training shall be—
S. 149(a)
amended by
No. 16/1987
s. 11(m).
(a) to promote, assist and undertake the
development of policies and programmes on
the training of persons in community
services;
S. 149(b)
amended by
No. 16/1987
s. 11(m).
(b) to promote, assist and undertake the
identification of training needs in community
services;
S. 149(c)
amended by
No. 16/1987
s. 11(m).
(c) in co-operation with other government
departments, community groups and
voluntary organizations to provide
information to the public on community
services;
S. 149(d)
amended by
No. 46/1998
s. 7(Sch. 1).
(d) to provide information and library services to
employees and clients of the Department.
46
Community Services Act 1970
Act No. 8089/1970
Part VII—Training Services
s. 150
150. Lectures, courses etc.
S. 150
amended by
No. 9018
s. 8(4),
substituted by
No. 9248 s. 40.
(1) The Director-General may either himself or in
collaboration with any other body or bodies—
(a) conduct and organize such lectures, classes,
courses of study, research projects,
examinations and other activities as he thinks
fit for the purpose of or in connexion with
the promotion and encouragement of studies
in the field of community services;
S. 150(1)(a)
amended by
No. 16/1987
s. 11(n).
(b) charge and receive such fees and payments
as are prescribed in respect of any services
supplied by the Department and in respect of
the admission of persons to any lectures,
classes, courses of study, projects,
examinations or other activities organized
and conducted by the Department.
(2) The Minister may authorize payments to be made
out of moneys available to the Department to
educational or training institutions or to persons or
bodies of persons with respect to training in the
field of community services and to students as
bursaries.
*
*
*
47
*
*
S. 150(2)
amended by
No. 16/1987
s. 11(n).
S. 150(3)
amended by
No. 9427
s. 6(1)(Sch. 5
item 21),
repealed by
No. 16/1987
s. 9(c).
Community Services Act 1970
Act No. 8089/1970
s. 151
Pt 7 Div. 2
(Heading and
ss 151, 152)
amended by
Nos 8493
s. 24, 9018
s. 8(5)(b), 9248
ss 41, 56, 9549
s. 2(1)(Sch.
items 42, 43),
9879 s. 2(2)(d),
16/1987
s. 11(o)(q),
repealed by
No. 56/1989
s. 284(g).
*
*
*
*
*
*
*
_______________
Pt 8
(Heading and
ss 153–198E)
repealed.7
*
*
*
_______________
48
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 199
Pt 8
(Heading)
re-numbered
as Pt 9
(Heading) by
No. 9549
s. 2(1)(Sch.
item 46).
PART IX—GENERAL
*
*
*
*
*
S. 178
re-numbered
as s. 199 by
No. 8493
s. 31(f),
amended by
Nos 9966
s. 16, 47/1986
s. 10, 117/1986
s. 6(Sch. 1
items 1(1),
3(5)(6)),
repealed by
No. 56/1989
s. 284(i) (as
amended by
No. 93/1990
s. 20(d)).
*
*
*
*
*
S. 199A
inserted by
No. 9047 s. 2,
repealed by
No. 10080
s. 14.
*
*
*
*
*
S. 179
amended by
Nos 8426 s. 7,
8493 ss 28(1),
29(2),
re-numbered
as s. 200 by
No. 8493
s. 31(f),
amended by
Nos 9248
s. 52, 9966
s. 17, 117/1986
s. 6(Sch. 1
item 1(1)),
repealed by
No. 56/1989
s. 284(ia) (as
amended by
No. 93/1990
s. 20(d)).
49
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 200A
S. 200A
inserted by
No. 9879
s. 20(1).
S. 200A(1)
amended by
Nos 16/1987
s. 11(r)(i),
12/1989
s. 4(1)(Sch. 2
item 14.9),
46/1998
s. 7(Sch. 1).
200A. Use of departmental land etc. for community
purposes
(1) Notwithstanding anything to the contrary in any
Act the Secretary may, after consultation with the
Secretary for Planning and Environment,
authorize any voluntary organization, government
department, municipal council, person or body,
subject to such conditions as the Secretary
imposes, to use for any purpose relating to the
achievement of the objects of this Act—
(a) any real or personal property vested in the
Department and used for the purposes of the
Department; or
S. 200A(1)(b)
amended by
No. 16/1987
s. 11(r)(ii).
S. 200A(2)
amended by
Nos 12/1989
s. 4(1)(Sch. 2
item 14.9),
46/1998
s. 7(Sch. 1).
(b) any lands of the Crown reserved for any
public purpose and used for the purposes of
the Department (whether or not vested in
trustees or jointly in the Minister for
Conservation, Forests and Lands and
trustees).
(2) The Secretary may refuse to grant an authority
under sub-section (1) until the voluntary
organization, government department, municipal
council, person or body enters into an agreement
with the Secretary for the expenditure of moneys
towards the making of improvements renovations
or repairs on any lands authorized by the
Secretary to be used, the improvement or repair of
any equipment authorized to be used or the
provision of any equipment or materials to be
used for departmental purposes.
(3) Any authority given under sub-section (1), and
any agreement entered into pursuant to subsection (2), shall be of full force and effect
notwithstanding anything to the contrary in any
Act or law relating to Crown lands.
50
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 200AB
(4) Any such authority shall be deemed to have been
given by the Secretary, and any such agreement
shall be deemed to have been entered into by the
Secretary, for and on behalf of the Crown.
200AB. Provisions applying to agencies funded by
Department
(1) Despite the repeal of the Hospitals and Charities
Act 1958 by section 176 of the Health Services
Act 1988, the Hospitals and Charities Act 1958,
as in force immediately before the commencement
of that section, continues, until 30 June 1994, to
apply to an institution or benevolent society
providing community services that, immediately
before that commencement—
S. 200A(4)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 200AB
inserted by
No. 49/1988
s. 178 (as
amended by
No. 1/1989
s. 4(g)).
S. 200AB(1)
amended by
No. 2/1992
s. 4.
(a) was registered under that Act; and
(b) received grants, subsidies or other financial
assistance from money administered by the
Secretary of the Department of Community
Services.
(2) The Administrative Arrangements Act 1983
shall be deemed to continue to apply to the extent
necessary to amend or revoke any Order in force
under that Act immediately before the
commencement of this section and applying to
provisions of the Hospitals and Charities Act
1958 that continue to apply to institutions and
societies by reason of this section.
(3) In sub-section (1), "community services" means
services which provide social support, care and
development, and assist with maintaining
individuals and families, including those who
suffer from disease or disability, in the
community, and includes—
51
S. 200AB(1)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 201
(a) services provided by visiting Child Health
Nurses, Early Childhood Development
Program Co-ordinators and Infant Welfare
Services;
(b) family planning services;
(c) administrative support for organisations
which provide services for the physically,
intellectually or sensorily disabled; and
(d) administrative support for organisations
which provide domiciliary care including
home help, day centres, senior citizens
centres, home handy person and Welfare
Officers for the Aged.
No. 6651 s. 52.
S. 180
re-numbered
as s. 201 by
No. 8493
s. 31(f),
amended by
Nos 9966
s. 18(a)(b),
117/1986
s. 6(Sch. 1
item 3(7)),
46/1998
s. 7(Sch. 1).
No. 6651 s. 53.
S. 181
re-numbered
as s. 202 by
No. 8493
s. 31(f).
201. Obstruction etc.
Every person who obstructs or hinders the
Secretary or any employee in the Department in
the execution of his duties under this Act shall be
guilty of an offence.
Penalty: $250 or imprisonment for three months.
202. General offences and penalties
(1) Every person who contravenes or fails to comply
with any of the provisions of this Act or the
regulations shall for every such contravention or
failure be guilty of an offence against this Act.
(2) Every person guilty of an offence against this Act
for which no penalty is expressly provided shall
be liable to a penalty of not more than $100.
52
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 203
*
*
*
*
*
203. Power to Governor in Council to make regulations
The Governor in Council may make regulations
for or with respect to—
*
*
*
*
(c) the conditions on which street trading
licences may be granted renewed suspended
or cancelled;
(d) the days and hours during which, the places
at which, and the manner in which street
trading may be carried on by street traders;
(e) requiring all persons employing children in
street trading to keep records in such form
and giving such particulars as are prescribed
as to the names ages and work of all such
children;
(f) regulating generally the conduct of street
traders;
53
S. 182
amended by
No. 8493
s. 30(a)(c)(d),
re-numbered
as s. 203 by
No. 8493
s. 31(f).
S. 203(a)
amended by
No. 9902
s. 2(1)(Sch.
item 26).
(a) allowances under Division 2 of Part III;
*
S. 202A
inserted by
No. 8701 s. 4,
amended by
No. 9966 s. 19,
repealed by
No. 10260
s. 114(Sch. 4
item 1).
S. 203(b)
amended by
No. 9902
s. 2(1)(Sch.
item 26),
repealed by
No. 56/1989
s. 284(j).
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 203
(g) subsidies payable in respect of young
persons admitted to the care of the
Department or placed under the supervision
of the Department and placed pursuant to
section 105 or the provisions of any other
Act or law;
S. 203(g)
amended by
No. 8493
s. 30(a).
S. 203(h)
repealed by
No. 56/1989
s. 284(j).
*
*
*
*
*
(j) reports for the purposes of this Act;
S. 203(k)–(n)
repealed.8
S. 203(na)
inserted by
No. 9248
s. 54(a).
S. 203(o)
repealed by
No. 56/1989
s. 284(j).
*
*
*
*
*
(na) all matters necessary or expedient for
carrying out the provisions of Part III,
Division 8A;
*
*
*
*
*
(p) prescribing courses of instruction and
training necessary to qualify for certificates
of qualification issued by the Training
Council;
(q) prescribing fees to be paid—
(i) by persons attending lectures classes
courses schools and other activities
conducted by the Department;
(ii) by candidates at examinations
conducted by the Training Council and
for the issue of diplomas and
certificates of competency;
54
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 203
(iii) to lecturers and tutors for services
provided in carrying out the objects of
this Act;
*
*
*
*
*
*
*
*
S. 203(r)–(ta)
repealed.9
S. 203(u)
amended by
Nos 8504 s. 6,
9248 s. 54(c),
9879 s. 2(2)(e),
117/1986
s. 6(Sch. 1
item 5(1)(h)),
16/1987
s. 10(f),
52/1998
s. 311(Sch. 1
item 14.3).
(u) meetings of consultative and advisory
councils appointed under this Act and
meetings of the Training Council;
*
S. 203(q)(iii)
inserted by
No. 9248
s. 54(b).
*
S. 203(v)–(y)
repealed.10
(ya) all matters relating to child care agreements
under section 13A;
S. 203(ya)
inserted by
No. 16/1987
s. 8(2) (as
amended by
No. 56/1989
s. 283(d)).
(yb) all matters relating to long-term child care
agreements under section 13C;
S. 203(yb)
inserted by
No. 56/1989
s. 284(k).
*
*
*
*
*
S. 203(z)
repealed by
No. 56/1989
s. 284(j).
(aa) the provision by the Department of services
to the public or any persons or bodies of
persons engaged in community services;
S. 203(aa)
amended by
No. 16/1987
s. 11(s).
(ab) prescribing fees to be paid for the provision
of services to be rendered by the
Department;
S. 203(ab)
amended by
No. 9018 s. 10.
55
Community Services Act 1970
Act No. 8089/1970
Part IX—General
s. 203
S. 203(ac)
amended by
No. 9968
s. 7(b).
(ac) prescribing forms of applications agreements
complaints books certificates rolls licences
orders warrants permits and bonds under this
Act and such other forms as are necessary or
expedient for the administration of this Act
and all such forms or forms to the like effect
shall be sufficient in law;
(ad) prescribing penalties for offences against the
regulations; and
(ae) generally any matter or thing authorized or
required to be prescribed for carrying this
Act into effect.
__________________
56
Community Services Act 1970
Act No. 8089/1970
Sch. 1
SCHEDULES
S. 2.
SCHEDULE ONE
Number
of Act
Title of Act
Extent of Repeal
6219
Children's Welfare Act 1958
The whole
6259
Gaols Act 1958
The whole
6385
Street Trading Act 1958
The whole
6421
Youth Organisations Assistance Act
1958
The whole
6651
Social Welfare Act 1960
The whole
__________________
57
Community Services Act 1970
Act No. 8089/1970
Sch. 2
S. 9.
Sch. 2
amended by
No. 9248
s. 28(2).
SCHEDULE TWO
Sections 17–22, section 48, section 50, and paragraphs (c), (d), (e), and (f) of
section 67 of the Adoption of Children Act 1964.
Division 4 of Part III of the Mental Health Act 1959.
__________________
Schs 3–5
repealed.11
*
*
*
═══════════════
58
*
*
Community Services Act 1970
Act No. 8089/1970
Endnotes
ENDNOTES
1. General Information
The Community Services Act 1970 was assented to on 22 December 1970
and came into operation on 5 January 1971: Government Gazette 5 January
1971 page 1.
The name of this Act was changed from the Social Welfare Act 1970 to the
Community Welfare Services Act 1970 by No. 9248/1978, section 2(2),
and to the Community Services Act 1970 by No. 16/1987, section 4(1).
59
Community Services Act 1970
Act No. 8089/1970
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Community Services
Act 1970 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971
Assent Date:
23.11.71
Commencement Date:
15.12.71: Government Gazette 15.12.71 p. 3845
Current State:
All of Act in operation
Youth, Sport and Recreation Act 1972, No. 8344/1972
Assent Date:
12.12.72
Commencement Date:
19.12.72: Government Gazette 13.12.72 p. 3978
Current State:
All of Act in operation
Social Welfare (Amendment) Act 1973, No. 8426/1973 (as amended by No. 8701)
Assent Date:
17.4.73
Commencement Date:
S. 7 on 1.4.74: Government Gazette 27.3.74 p. 713;
s. 8 on 5.5.76: Government Gazette 5.5.76 p. 1269;
ss 2–6 on 7.6.76: Government Gazette 19.5.76 p. 1388
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Social Welfare Act 1973, No. 8493/1973 (as amended by No. 9019)
Assent Date:
4.12.73
Commencement Date:
Ss 1–4, 6–9, 11, 12, 13(1)(3), 14, 15, 21, 24–26,
27(2)(b)(3)(b)(4), 29, 30(a)(c)(d), 31(f) on 1.4.74:
Government Gazette 27.3.74 p. 714;
ss 27(1)(2)(a)(3)(a), 31(a)–(e)(g), 33 on 2.7.74:
Government Gazette 22.5.74 p. 1712; ss 5, 28 on
6.11.74: Government Gazette 6.11.74 p. 3872; s. 23 on
5.5.76: Government Gazette 5.5.76 p. 1269; ss 10,
13(2), 16–20, 30(b), 32 on 16.8.76: Government
Gazette 11.8.76 p. 2483; s. 22 on 1.4.77: Government
Gazette 30.3.77 p. 794
Current State:
All of Act in operation
Social Welfare (Financial) Act 1973, No. 8504/1973
Assent Date:
11.12.73
Commencement Date:
Ss 1, 2, 6 on 1.4.74: Government Gazette 27.3.74
p. 714; ss 3–5 on 2.7.74: Government Gazette 22.5.74
p. 1713
Current State:
All of Act in operation
Status of Children Act 1974, No. 8602/1974
Assent Date:
26.11.74
Commencement Date:
1.3.75: Government Gazette 5.2.75 p. 228
Current State:
All of Act in operation
60
Community Services Act 1970
Act No. 8089/1970
Endnotes
Public Service Act 1974, No. 8656/1974 (as amended by No. 8692)
Assent Date:
20.12.74
Commencement Date:
1.8.75: s. 1(2)
Current State:
All of Act in operation
Social Welfare (Amendment) Act 1975, No. 8701/1975
Assent Date:
16.5.75
Commencement Date:
Ss 1–6 on 1.3.76: Government Gazette 11.2.76 p. 457;
rest of Act on 5.5.76: Government Gazette 5.5.76
p. 1269
Current State:
All of Act in operation
Magistrates (Summary Proceedings) Act 1975, No. 8731/1975
Assent Date:
16.5.75
Commencement Date:
S. 173 on 1.7.76: Government Gazette 24.3.76 p. 848
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Social Welfare (Amendment) Act 1975, No. 8821/1975
Assent Date:
9.12.75
Commencement Date:
Ss 1–3, 5 on 14.1.76: Government Gazette 14.1.76
p. 89; s. 4 on 16.8.76: Government Gazette 11.8.76
p. 2484
Current State:
All of Act in operation
Social Welfare (Administration) Act 1977, No. 9018/1977
Assent Date:
17.5.77
Commencement Date:
17.5.77
Current State:
All of Act in operation
Social Welfare (Homeless Persons) Act 1977, No. 9047/1977
Assent Date:
22.11.77
Commencement Date:
22.11.77
Current State:
All of Act in operation
Crimes (Married Persons Liability) Act 1977, No. 9073/1977
Assent Date:
6.12.77
Commencement Date:
1.2.78: Government Gazette 25.1.78 p. 201
Current State:
All of Act in operation
61
Community Services Act 1970
Act No. 8089/1970
Endnotes
Community Welfare Services Act 1978, No. 9248/1978 (as amended by Nos 9266,
9427 and 9549)
Assent Date:
19.12.78
Commencement Date:
Ss 24, 25, 27, 28, 33, 36–52 on 24.1.79: Government
Gazette 24.1.79 p. 201; ss 1, 2, 4(a)–(e)(g), 5, 6,
7(1)(2), 8–10, 13–17, 18(1), 20(1)(b)(c), 20(2), 26, 31,
32, 35, 54(a)(b), 55, 56, 58 on 13.2.79: Government
Gazette 13.2.79 p. 383; ss 19, 20(1)(a), 29, 54(d) on
18.7.79: Government Gazette 18.7.79 p. 2260; ss 7(3),
12, 30 on 15.8.80: Government Gazette 14.5.80
p. 1468; ss 3, 4(f), 11, 18(2), 54(c) on 26.9.80:
Government Gazette 10.9.80 p. 3083; ss 22, 23, 34, 57
on 6.1.82: Government Gazette 6.1.82 p. 5; s. 21 on
1.2.83: Government Gazette 19.1.83 p. 127; s. 53 was
never proclaimed, repealed by No. 9879 s. 20(3)
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980 (as amended by No. 9549)
Assent Date:
27.5.80
Commencement Date:
27.5.80: subject to s. 6(2)
Current State:
All of Act in operation
Community Welfare Services (Extradition) Act 1980, No. 9498/1980
Assent Date:
23.12.80
Commencement Date:
23.12.80
Current State:
All of Act in operation
Statute Law Revision Act 1981, No. 9549/1981 (as amended by No. 9902)
Assent Date:
19.5.81
Commencement Date:
19.5.81: subject to s. 2(2)
Current State:
All of Act in operation
Penalties and Sentences Act 1981, No. 9554/1981 (as amended by No. 9692)
Assent Date:
19.5.81
Commencement Date:
S. 44 on 26.9.80: s. 1(3); ss 1, 36–43, 45, 46 on 3.6.81:
Government Gazette 3.6.81 p. 1778; rest of Act on
1.9.81: Government Gazette 26.8.81 p. 2799
Current State:
All of Act in operation
Community Welfare Services (Amendment) Act 1983, No. 9879/1983
Assent Date:
10.5.83
Commencement Date:
All of Act (except s. 20) on 10.5.83; s. 20(1) on
12.9.84: Government Gazette 12.9.84 p. 3149; s. 20(3)
on 24.4.85: Government Gazette 24.4.85 p. 1169;
s. 20(2) never proclaimed, repealed by No. 56/1989
s. 286(Sch. 2 item 5)
Current State:
All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date:
15.6.83
Commencement Date:
15.6.83: subject to s. 2(2)
Current State:
All of Act in operation
62
Community Services Act 1970
Act No. 8089/1970
Endnotes
Community Welfare Services (Attendance Centre Permits) Act 1983,
No. 9913/1983
Assent Date:
21.6.83
Commencement Date:
21.6.83
Current State:
All of Act in operation
Victorian Prison Industries Commission Act 1983, No. 9944/1983
Assent Date:
20.9.83
Commencement Date:
4.7.84: Government Gazette 4.7.84 p. 2243
Current State:
All of Act in operation
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 2 on 1.9.81: s. 1(4); rest of Act (except s. 8) on
20.12.83: Government Gazette 14.12.83 p. 4035; s. 8
never proclaimed, repealed by No. 10096 s. 4(4)
Current State:
All of Act in operation
Community Welfare Services (Director-General of Corrections) Act 1983,
No. 9966/1983 (as amended by No. 10087)
Assent Date:
22.11.83
Commencement Date:
Ss 1–3, 18, 23–25 on 22.11.83: s. 2(a); ss 4, 5(a)(b)(d),
6, 7(1)(2), 9–11, 16, 17, 19, 20, 24 on 11.10.83:
s. 2(b); rest of Act on 1.2.84: Government Gazette
25.1.84 p. 162
Current State:
All of Act in operation
Community Welfare Services (Pre-release Programme) Act 1983, No. 9968/1983
Assent Date:
22.11.83
Commencement Date:
27.3.84: Government Gazette 27.3.84 p. 939
Current State:
All of Act in operation
Penalties and Sentences (Youth Attendance Projects) Act 1984, No. 10080/1984
(as amended by No. 16/1987)
Assent Date:
15.5.84
Commencement Date:
Ss 9, 14 on 15.5.84: s. 2(2); ss 10, 11, 13 on 12.9.84:
Government Gazette 12.9.84 p. 3149; s. 18(1) on
14.9.88: Government Gazette 14.9.88 p. 2763; rest of
Act never proclaimed, repealed by No. 56/1989
s. 286(Sch. 2 item 13)
Current State:
All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date:
22.5.84
Commencement Date:
22.5.84: subject to s. 3(2)
Current State:
All of Act in operation
Penalties and Sentences (Amendment) Act 1984, No. 10152/1984
Assent Date:
20.11.84
Commencement Date:
S. 10 on 5.12.84: Government Gazette 5.12.84 p. 4329
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
63
Community Services Act 1970
Act No. 8089/1970
Endnotes
Coroners Act 1985, No. 10257/1985
Assent Date:
10.12.85
Commencement Date:
Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86
p. 382; rest of Act on 1.6.86: Government Gazette
30.4.86 p. 1115
Current State:
All of Act in operation
Penalties and Sentences Act 1985, No. 10260/1985
Assent Date:
10.12.85
Commencement Date:
S. 114(Sch. 4 items 1–3) on 1.6.86: Government
Gazette 30.4.86 p. 1116
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Health (Amendment) Act 1985, No. 10262/1985
Assent Date:
10.12.85
Commencement Date:
S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451
Current State:
This information relates only to the provision/s
amending the Community services Act 1970
Melbourne Sailors' Home Act 1986, No. 5/1986
Assent Date:
25.3.86
Commencement Date:
22.4.86: s. 2
Current State:
All of Act in operation
Crimes (Amendment) Act 1986, No. 37/1986
Assent Date:
20.5.86
Commencement Date:
1.7.86: Government Gazette 25.6.86 p. 2239
Current State:
All of Act in operation
Children's Court (Amendment) Act 1986, No. 41/1986
Assent Date:
20.5.86
Commencement Date:
S. 9 on 1.7.86: Government Gazette 18.6.86 p. 2067
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Young Offenders (Interstate Transfer) Act 1986, No. 47/1986 (as amended by
Nos 117/1986, 16/1987, 56/1989)
Assent Date:
27.5.86
Commencement Date:
Ss 2, 3, 6, 9–11 on 15.9.86: Government Gazette
3.9.86 p. 3293; s. 7 on 16.11.87: s. 2(2); s. 1 never
proclaimed, repealed by No. 11/1995; s. 5 never
proclaimed, repealed by No. 56/1989
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Corrections Act 1986, No. 117/1986
Assent Date:
23.12.86
Commencement Date:
S. 6 on 6.5.87: Government Gazette 6.5.87 p. 1004;
Sch. 1 item 1 on 1.3.88: Government Gazette 24.2.88
p. 363
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
64
Community Services Act 1970
Act No. 8089/1970
Endnotes
Community Services Act 1987, No. 16/198712 (as amended by Nos 56/1989,
93/1990 (as amended by No. 69/1992))
Assent Date:
12.5.87
Commencement Date:
Ss 1–6, 9–13, Sch. 1 on 22.2.89: Government Gazette
22.2.89 p. 386; Sch. 2 items 1–13 on 5.3.89:
Government Gazette 15.3.89 p. 587; rest of Act on
25.6.92: Government Gazette 24.6.92 p. 1532
Current State:
All of Act in operation
State Concessions (Amendment) Act 1987, No. 48/1987
Assent Date:
15.9.87
Commencement Date:
1.12.87: Government Gazette 18.11.87 p. 3072
Current State:
All of Act in operation
Crimes (Fingerprinting) Act 1988, No. 38/1988
Assent Date:
24.5.88
Commencement Date:
S. 8 on 1.1.90: Government Gazette 20.12.89 p. 3290
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Health Services Act 1988, No. 49/1988 (as amended by No. 1/1989)
Assent Date:
24.5.88
Commencement Date:
S. 178 on 14.5.89: Government Gazette 3.5.89 p. 998
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended
by No. 13/1990)
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 items 14.6, 14.8, 14.9) on 1.11.89:
Government Gazette 1.11.89 p. 2798
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Police Regulation (Amendment) Act 1989, No. 15/1989
Assent Date:
16.5.89
Commencement Date:
Ss 1–32 on 16.5.89: s. 2(1); s. 33 on 23.8.89:
Government Gazette 23.8.89 p. 2146
Current State:
All of Act in operation
Children and Young Persons Act 1989, No. 56/1989 (as amended by Nos 93/1990,
69/1992)
Assent Date:
14.6.89
Commencement Date:
Ss 284(a)–(d)(ec)(h)(ia), 286 on 31.1.91: Special
Gazette (No. 9) 31.1.91 p. 2; s. 284(da), (db), (dc),
(dd), (df), (ea), (eb), (ed), (ee), (i)–(m) on 23.9.91:
Government Gazette 28.8.91 p. 2368;
s. 284(de)(dg)(e)(f)(g), Sch. 2 item 4 on 30.9.92:
Government Gazette 26.8.92 p. 2470
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
65
Community Services Act 1970
Act No. 8089/1970
Endnotes
Magistrates' Courts (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Children and Young Persons (Amendment) Act 1990, No. 93/1990 (as amended by
No. 69/1992)
Assent Date:
18.12.90
Commencement Date:
All of Act (except s. 8(2)) on 31.1.91: Special Gazette
(No. 9) 31.1.91 p. 2; s. 8(2) on 30.9.92: Government
Gazette 26.8.92 p. 2470
Current State:
All of Act in operation
Hospitals and Charities (Extension) Act 1992, No. 2/1992
Assent Date:
28.4.92
Commencement Date:
28.4.92
Current State:
All of Act in operation
Children and Young Persons (Amendment) Act 1992, No. 69/1992
Assent Date:
24.11.92
Commencement Date:
Ss 31(3)(4), 32 on 29.1.93; s. 33(3)–(7) on 22.2.93:
Government Gazette 28.1.93 p. 174
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Children and Young Persons (Miscellaneous Amendments) Act 1994,
No. 19/1994
Assent Date:
10.5.94
Commencement Date:
Ss 38(10), 39 on 10.5.94: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 item 15) on 1.1.95: Government Gazette
28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Corrections (Amendment) Act 1996, No. 45/1996
Assent Date:
26.11.96
Commencement Date:
S. 18(Sch. 2 item 3) on 6.2.97: Government Gazette
6.2.97 p. 257
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Children's Services Act 1996, No. 53/1996
Assent Date:
3.12.96
Commencement Date:
S. 59 on 1.6.98: Government Gazette 28.5.98 p. 1189
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
66
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Endnotes
Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997
Assent Date:
25.11.97
Commencement Date:
Ss 16, 17 on 25.11.97: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7 (Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998,
No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 14) on 1.7.98: Government Gazette
18.6.98 p. 1512
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 24) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Child Employment Act 2003, No. 81/2003
Assent Date:
11.11.03
Commencement Date:
Ss 54, 55 on 12.6.04: Special Gazette (No. 61) 15.3.04
p. 1
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 37) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending the Community Services Act 1970
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
67
Community Services Act 1970
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Endnotes
3. Explanatory Details
1
Pt 3 Div. 1 (Heading) substituted by No. 9248 s. 12(1), repealed by
No. 56/1989 s. 284(e) (as amended by No. 93/1990 s. 20(b)).
S. 13 amended by No. 9018 s. 4(3), substituted by No. 9248 s. 12(2),
amended by No. 12/1989 s. 4(1)(Sch. 2 item 14.6), repealed by No. 56/1989
s. 284(e) (as amended by No. 93/1990 s. 20(b)).
2
Pt 3 Divs 3–8 (Headings and ss 27–74):
Pt 3 Div. 4 (Heading and ss 31–35) amended by Nos 8179 s. 4, 8493 s. 28,
9248 ss 19 (as amended by No. 9266 s. 2), 20(1)(a)(b)(i)(ii)(c)(2)(c), 21, 22
(as amended by No. 9549 s. 2(1)(Sch. item 47)), 23(1)(2), 55, 9549
s. 2(1)(Sch. items 35, 36), 9879 ss 3(a)(c)(i)(ii), 4(1)–(3)(a)(b), 5(1)(a)–(c),
6(a)–(c), 7(2)(b)(c), 9902 s. 2(1)(Sch. item 16), 9966 s. 9, 41/1986 s. 9,
117/1986 s. 6(Sch. 1 item 1(6)(b)), 16/1987 s. 7(2), 56/1989 s. 284(db)(dc)
(as amended by No. 93/1990 s. 20(a)), repealed by No. 56/1989 s. 284(e)
(as amended by No. 93/1990 s. 20(b)).
Pt 3 Div. 5 (Heading and ss 36–44) amended by Nos 9018 s. 4(5)(6), 9248
ss 24 (as amended by No. 9427 s. 6(1)(Sch. 5 item 23)), 25(1)(2), 26(a)(b),
9549 s. 2(1)(Sch. item 37), 9879 ss 7(2)(b)(c), 8(2), 19(a), 9902 s. 2(1)(Sch.
item 17), 47/1986 s. 7, 16/1987 s. 10(e), 48/1987 s. 6, 56/1989 s. 284(dd)
(as amended by No. 93/1990 s. 20(a)), repealed by No. 56/1989 s. 284(e)
(as amended by No. 93/1990 s. 20(b)).
Pt 3 Div. 5A (Heading and s. 44A) inserted by No. 9879 s. 7(1), amended
by No. 47/1986 s. 6, repealed by No. 56/1989 s. 284(de) (as amended by
No. 93/1990 s. 20(a)).
Pt 3 Div. 6 (Heading and s. 45) amended by No. 47/1986 s. 7, repealed by
No. 56/1989 s. 284(e) (as amended by No. 93/1990 s. 20(b)).
Pt 3 Div. 7 (Heading and ss 46–63) amended by Nos 8493 ss 2–4, 8602
s. 12, repealed by No. 9248 s. 27(1).
Pt 3 Div. 8 (Heading and ss 64–74) amended by Nos 10257 s. 80, 47/1986
s. 7, 16/1987 ss 9(b), 11(g), repealed by No. 56/1989 s. 284(df) (as
amended by No. 93/1990 s. 20(a)).
3
Pt 3 Div. 9 (repealed): Section 58 of the Child Employment Act 2003,
No. 81/2003 reads as follows:
58. Transitional arrangement—permits
A permit or licence issued under section 77 of the
Community Services Act 1970 that was in force
immediately before the commencement of
section 54 continues in force in accordance with
68
Community Services Act 1970
Act No. 8089/1970
its terms, as if it were a permit issued under
Division 2 of Part 2 of this Act.
4
Pt 3 Div. 10 (Heading and ss 81–84) amended by Nos 8179 s. 4, 9248 s. 29,
9879 ss 8(1), 11(1)(2)(a)–(f), 9902 s. 2(1)(Sch. item 18), 10080 s. 9(a)–(e),
repealed by No. 56/1989 s. 284(dg) (as amended by No. 93/1990 s. 20(a)).
5
Pt 4 (Heading and ss 85–110A) amended by Nos 8344 s. 26(6)(b), 8493
ss 5, 6(1), 7, 28, 9018 s. 5(1)(a)(b)(2)(3)(a)–(d)(4), 9248 ss 30(2), 31–
33(a)(b), 34(1) (as amended by No. 9549 s. 2(1)(Sch. item 48(a)), 34(3)
(as amended by No. 9549 s. 2(1)(Sch. item 48(b)), 34(4) (as amended by
No. 9549 s. 2(1)(Sch. item 48(c)), 35(a)(b), 9549 s. 2(1)(Sch. items 38, 39),
9879 ss 5(2)(a)–(c), 9(1)(2), 10(a)–(d), 12(1)(2), 16(4)(a), 9902 s. 2(1)(Sch.
item 19), 10080 ss 10(a)(b), 11, 10257 s. 81(a), 10260 s. 114(Sch. 4 item 1),
117/1986 s. 6(Sch. 1 item 1(6)(d)), 16/1989 ss 11(j)(k), 12(Sch. 2 item 13),
38/1988 s. 8(a)(b), 12/1989 s. 4(1)(Sch. 2 item 14.8), 15/1989 s. 32(1),
56/1989 s. 284(ea)–(ee) (as amended by No. 93/1990 s. 20(c)), repealed by
No. 56/1989 s. 284(f).
6
Pt 5 (Heading and ss 111–145) amended by Nos 8426 ss 4, 5, 6 (as
amended by No. 8701 s. 7(d)), 8493 ss 8(1), 9–23, 8504 s. 2,
8701 ss 2, 3(a)(b), 7(c), 8731 s. 173, 8821 ss 2(a)–(c), 3, 9018
s. 6(1)(a)(b)(2)(3)(4)(a)(b), 9073 s. 3, 9248 ss 11(2), 36–38, 56, 9549
s. 2(1)(Sch. item 39), 9554 ss 2(1)(Sch. 1 item 3) (as amended by No. 9692
s. 2), 45(a)–(d), 9879 ss 13, 19(b)(c), 9902 s. 2(1)(Sch. item 20), 9913
s. 2(a)–(c), 9944 s. 40(c)–(e), 9945 s. 3(3)(Sch. 2 items 4–7), 9966
s. 11(1)(2), 10080 s. 13, 10152 s. 10, 10257 s. 81(b), 10260 s. 114(Sch. 4
items 1, 2), repealed by No. 117/1986 s. 6(Sch. 1 item 1(1)).
7
Pt 8 (Heading and ss 153–198E) amended by Nos 8426 s. 8, 8493 ss 25, 26,
27(1)(3)(a)(b)(4), 29, 30, 31(b)(c)(d)(i)(ii) (as amended by No. 9019
s. 2(1)(Sch. item 275)) (e)(f), 8504 ss 3, 4, 5(1)(2), 8701 ss 5, 6, 8821
s. 5(a)–(c), 9018 s. 9, 9248 ss 42, 43(1)(2)(a)(b), 44, 45(1)–(3)(a)(b)(4)(5),
46, 47, 48(a)(b), 49–51, 55, 56, 9498 s. 2(a)(b), 9549 s. 2(1)(Sch. items 44,
45), 9879 ss 14(a)–(c), 15(1)(a)(b), 16(1)(a)(b)(2)(a)–(d)(3)(4)(b),
17(1)(2)(a)–(c)(3)(a)(b)(4), 18, 9902 s. 2(1)(Sch. items 21–25), 9966
ss 12(1)(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 15), 13(1)(2),
14(1), 15(1)(2), 9968 ss 5, 6, 10087 s. 3(1)(Sch. 1 items 12, 13), 10260
ss 19(3), 114(Sch. 4 items 1, 3), 37/1986 s. 13, 47/1986 s. 9, 117/1986
s. 6(Sch. 1 items 1(6)(e)–(h), 2(1)–(3)), repealed by No. 56/1989 s. 284(h).
8
S. 203(k)–(n):
S. 203(k) amended by Nos 8426 s. 8(a) (as amended by No. 8701 s. 7(e)),
9554 s. 2(1)(Sch. 1 item 4), 117/1986 s. 6(Sch. 1 item 5(1)(f)), repealed by
No. 56/1989 s. 284(j).
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Community Services Act 1970
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S. 203(l) amended by Nos 8493 s. 30(c)(i)(ii), 9945 s. 3(3)(Sch. 2 item 8),
substituted by No. 117/1986 s. 6(Sch. 1 item 4(1)), repealed by No. 56/1989
s. 284(j).
S. 203(m) amended by Nos 8426 s. 8(b) (as amended by No. 8701 s. 7(e)),
9554 s. 2(1)(Sch. 1 item 5), repealed by No. 56/1989 s. 284(j).
S. 203(n) repealed by No. 117/1986 s. 6(Sch. 1 item 5(1)(g)).
9
S. 203(r)–(ta):
S. 203(r) repealed by No. 16/1987 s. 9(c).
S. 203(s) amended by Nos 8426 s. 8(c) (as amended by No. 8701 s. 7(e)),
8493 s. 30(d), 9554 s. 46, substituted by No. 9879 s. 15(2), amended by
No. 117/1986 s. 6(Sch. 1 item 5(1)(i)), repealed by No. 56/1989 s. 284(j).
S. 203(sa) inserted by No. 9879 s. 15(2), repealed by No. 56/1989 s. 284(j).
S. 203(t) repealed by No. 56/1989 s. 284(j).
S. 203(ta) inserted by No. 9968 s. 7(a), repealed by No. 117/1986
s. 6(Sch. 1 item 5(1)(g)).
10
S. 203(v)–(y):
S. 203(v) amended by Nos 9966 s. 20, 117/1986 s. 6(Sch. 1 item 3(8)),
repealed by No. 56/1989 s. 284(j).
S. 203(va)(vb) inserted by No. 9248 s. 54(d), repealed by No. 56/1989
s. 284(j).
S. 203(w) amended by Nos 8426 s. 8(d) (as amended by No. 8701 s. 7(e)),
9554 s. 2(1)(Sch. 1 item 6), 9966 s. 20, 117/1986 s. 6(Sch. 1 items 3(8),
5(1)(j)), repealed by No. 56/1989 s. 284(j).
S. 203(x)(y) repealed by No. 56/1989 s. 284(j).
11
Schs 3–5:
Sch. 3 amended by No. 9902 s. 2(1)(Sch. item 27), substituted by
No. 47/1986 s. 11, repealed by No. 117/1986 s. 6(Sch. 1 item 1(1)).
Sch. 3A inserted by No. 8493 s. 6(2), amended by No. 9902 s. 2(1)(Sch.
item 27), substituted by No. 47/1986 s. 11, amended by Nos 16/1987
s. 4(3), 15/1989 s. 32(2), repealed by No. 56/1989 s. 284(l).
Sch. 4 substituted by No. 8493 s. 32, repealed by No. 56/1989 s. 284(m).
Sch. 5 inserted by No. 8493 s. 31(g), repealed by No. 9248 s. 51.
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Act No. 8089/1970
12
Table of Amendments: Section 4(2) of the Community Services Act
1987, No. 16/1987 reads as follows:
4. Name of Act
(2) In—
(a) any Act other than this Act or the Principal
Act; or
(b) a subordinate instrument made under an Act;
or
(c) a document—
a reference to the Community Welfare Services
Act 1970 is from the date of commencement of
this section to be treated as a reference to the
Community Services Act 1970.
71