S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 11.2). midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; municipal district has the same meaning as it has in the Local Government Act 1989; S. 3(1) def. of notice to comply inserted by No. 63/2016 s. 5. notice to comply, in Part 6, means a notice given to a relevant entity under section 31; S. 3(1) def. of notice to produce, in Part 5A inserted by No. 4/2017 s. 5(1). notice to produce, in Part 5A, means a notice given to an entity under section 16ZG; S. 3(1) def. of notice to produce, in Part 6 inserted by No. 63/2016 s. 5. notice to produce, in Part 6, means a notice given to a relevant entity under section 30; S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 11.2), amended by Nos 79/2012 s. 74(2), 63/2015 s. 5(1). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
8 Establishment of Victorian Children's Council The Victorian Children's Council is established. 9 Constitution of Council S. 9(1) substituted by No. 79/2012 s. 76(1). (1) The Victorian Children's Council consists of at least 8 members appointed by the Minister. (2) The Minister must appoint one of the members to be the Chairperson. S. 9(3) amended by No. 63/2015 s. 10. (3) A person appointed under subsection (1) must be a person who, in the opinion of the Minister, has expert knowledge of policies and services that enhance the health, wellbeing, development or safety of children. S. 9(4) amended by No. 79/2012 s. 76(2). (4) A member— (a) holds office for such period not exceeding three years, as is specified in the instrument of appointment and is eligible for reappointment; (b) is entitled to the remuneration and allowances determined by the Minister from time to time; (c) may resign from the office of member by writing to the Minister; (d) may be removed from office by the Minister; S. 9(4)(e) substituted by No. 80/2006 s. 26(Sch. item 10). (e) is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act).
New s. 34 inserted by No. 63/2016 s. 8. 34 Civil penalty (1) If a court makes a declaration under section 33(2) that a relevant entity has failed to comply with a notice to produce or a notice to comply, the court may order the relevant entity to pay to the Commission a pecuniary penalty not exceeding 60 penalty units. (2) In determining the amount of the pecuniary penalty under subsection (1), the court must take into account the following considerations— (a) in the case of a relevant entity that is not an individual, the size of the relevant entity; (b) the impact of the amount of the penalty on the relevant entity; (c) whether the non-compliance by the relevant entity with the notice to produce or notice to comply was wilful or serious. (3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding. (4) A pecuniary penalty paid to the Commission in accordance with an order made under this section must be paid by the Commission into the Consolidated Fund. New s. 35 inserted by No. 63/2016 s. 8. 35 Protection against self-incrimination It is a reasonable excuse for a natural person to refuse or fail to give information or do any thing that the person is requested to do under section 26 or 29 or required to do by or under section 28, 30 or 31 if the giving of the information or the doing of that other thing would tend to incriminate the person. New s. 36 inserted by No. 63/2016 s. 8. 36 Assistance to be provided