Victorian Numbered Regulations Victorian Numbered RegulationsFORM 1
Children, Youth and Families Act 2005
(Section 67(2)(a))
NOTICE OF PROPOSAL TO APPOINT AN ADMINISTRATOR
To— [ insert name of registered community service ]
of— [ insert full address of registered community service ]
I give notice of the proposal that the Governor in Council appoint an administrator of the registered community service named in this notice under section 68 of the Children, Youth and Families Act 2005 .
Date—
[ Signature ]
* Minister for Families and Children
* Delete if not applicable.
FORM 2
Children, Youth and Families Act 2005
(Section 96(2)(a))
NOTICE OF REFERRAL TO SUITABILITY PANEL
To the Chairperson
Notice is given of a referral of the matter described below to the Suitability Panel under Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 ( the Act ) .
Decision of the Secretary in relation to the report of the investigation —
[ Set out decision of Secretary ]
Reasons for that decision —
[ Set out reasons for decision ]
A copy of the report of the investigation is attached .
(Attach copy of report)
Name and contact details of relevant officer at the Department of Health and Human Services—
FORM 3
Children, Youth and Families Act 2005
(Section 104(2)(a))
NOTICE TO PERSON OF HEARING BY SUITABILITY PANEL
To— [ insert name of person ]
By Notice dated [ date of notice of referral to Suitability Panel ] a matter under Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 ( the Act ) the Secretary has referred the matter below for a hearing by the Suitability Panel under section 96 of the Act.
Time and place of the hearing
Date—
Time—
Place—
Allegation
The following allegation was referred to the Suitability Panel by the Secretary to the Department of Health and Human Services—
[ set out allegation ]
Notice given by the Secretary
A copy of the notice of referral to the Suitability Panel given by the Secretary under section 96 of the Act accompanies this notice in accordance with section 104(2)(h) of the Act.
Nature of hearing
The Suitability Panel will conduct the hearing and determine the matter. The Panel will be constituted by the Chairperson and two other members.
Subject to Part 3.4 of the Act and the Children, Youth and Families Regulations 2017 , the procedure of the Panel is in its discretion. The proceedings of the Panel must be conducted with as little formality and technicality as the requirements of Part 3.4 of the Act and the proper consideration of the matter permit. The Panel is not bound by the rules of evidence.
The Panel is bound by the rules of natural justice.
You are entitled to be present, to make submissions and to be legally represented.
The Secretary is entitled to be present, to make submissions and to be legally represented.
The hearing will not be open to the public.
Findings that can be made by the Suitability Panel
The Suitability Panel can find that you have or have not on the balance of probabilities, physically or sexually abused the child.
If the Suitability Panel finds that you have physically or sexually abused the child, the Panel must make a finding of misconduct against you.
If the Suitability Panel determines that the allegation is not proved, the Panel must state that fact and that no finding of misconduct has been made against you.
If the Suitability Panel makes a finding of misconduct against you, the Panel must determine on the balance of probabilities whether or not you pose an unacceptable risk of harm to children.
If the Suitability Panel finds that you pose an unacceptable risk of harm to children, the Panel must find that you should be disqualified from registration. This finding results in disqualification under Part 3.4 of the Act.
If the Suitability Panel finds that you do not pose an unacceptable risk of harm to children, the Panel must state that fact and that no finding of disqualification has been made against you.
Right to review the finding or determination of the Suitability Panel
If you disagree with a finding or the determination of the Suitability Panel, you may apply for a review by the Victorian Civil and Administrative Tribunal.
An application to the Victorian Civil and Administrative Tribunal must be made within 28 days after the day on which you are given notice of the Suitability Panel's decision, or if you have requested a statement of reasons for the finding—
(a) within 28 days after the day on which you are given a statement of reasons; or
(b) you are informed that a statement of reasons will not be given.
[ Name ]
Executive Officer
Suitability Panel
Date—
FORM 4
Children, Youth and Families Act 2005
(Section 110(2))
APPLICATION TO SUITABILITY PANEL FOR REMOVAL OF DISQUALIFICATION
Details of Applicant—
Title—
Full name—
Residential address—
Postal address (if different)—
Gender (*Male/*Female)—
Date of birth—
Telephone—is a text telephone required? *Yes/*No
Interpreter required— *Yes/*No (if yes, please specify the language)
Date you were disqualified by the Suitability Panel—
The following section must be completed by the applicant —
State the reasons why you believe your disqualification should be removed—
Set out how your circumstances have changed since you were disqualified and why you no longer pose an unacceptable risk of harm to children—
If this application is being made before the end of the 12 month period since you were disqualified, please explain the exceptional circumstances.
Attach photocopies of any documents or references in support of your application (e.g. medical reports, counselling reports, employment history, training records).
Signature—
Date—
* Delete if not applicable.
FORM 5
Children, Youth and Families Act 2005
(Section 111(2)(a))
NOTICE TO PARTIES OF HEARING BY SUITABILITY PANEL OF APPLICATION FOR REMOVAL OF DISQUALIFICATION
To— The Applicant
The Secretary
An application dated [ insert date ] under section 110(2) of the Children, Youth and Families Act 2005 ( the Act ) was made to the Suitability Panel to remove the disqualification from registration of the applicant, a disqualified person.
Time and place of the hearing
Date—
Time—
Place—
Nature of hearing
The Suitability Panel will conduct the hearing and determine the matter. The Panel will be constituted by the Chairperson and two other members.
The procedure of the Panel is in its discretion and is conducted with as little formality and technicality as the requirements of Part 3.4 of the Act permit.
The Panel is not bound by the rules of evidence.
The Panel is bound by the rules of natural justice.
The applicant and the Secretary are parties to the hearing. The parties are entitled to be present, to make submissions and to be legally represented.
The hearing will not be open to the public.
Findings that can be made by the Suitability Panel
The Suitability Panel must determine, on the balance of probabilities, whether the applicant should continue to be disqualified or have the disqualification removed.
If the Suitability Panel finds that the applicant's disqualification from registration should be removed, the applicant will no longer be disqualified under Part 3.4 of the Act.
Right to review the determination of the Suitability Panel
If either of the parties disagrees with a finding or the determination of the Suitability Panel, they may request a review by the Victorian Civil and Administrative Tribunal. An application to the Victorian Civil and Administrative Tribunal must be made within 28 days after the day on which the party is given notice of the Suitability Panel's decision, or if the party has requested a statement of reasons for the finding—
(a) within 28 days after the day on which the party receives a statement of reasons; or
(b) the party is informed that a statement of reasons will not be given.
[ Name ]
Executive Officer
Suitability Panel
Date—
* Delete if not applicable.
FORM 6
Children, Youth and Families Act 2005
(Section 282(2))
NOTICE OF DIRECTION
I, [ insert name of Secretary ], Secretary to the Department of Health and Human Services, in consideration of the best interests of [ insert name of child ] direct under section 282(2) of the Children, Youth and Families Act 2005 —
[ name of child or parent of the child or person with whom the child is living ]
to— [ insert direction ]
Signature of Secretary
Date—