Victorian Current Acts Victorian Current Acts(1) Without limiting the circumstances in which a child is under the care, supervision or authority of a person, a person (A) has a child (B) under their care, supervision or authority if A is—
(a) B's parent or step-parent; or
(b) B's teacher; or
(c) B's employer; or
(d) B's youth worker; or
(e) B's sports coach; or
(f) B's counsellor; or
(g) B's health professional; or
(h) a person who has parental responsibility (within the meaning of the Children, Youth and Families Act 2005 ) for B; or
(i) a religious or spiritual guide, or a leader or official (including a lay member) of a church or religious body, however any such guide, leader, official, church or body is described, who provides care, advice or instruction to B or has authority over B; or
S. 37(1)(j) amended by No. 17/2023 s. 59.
(j) an out of home carer (within the meaning given by section 161A of the Children, Youth and Families Act 2005 ) of B; or
(k) a police officer acting in the course of their duty in respect of B; or
(l) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of their duty in respect of B.
(2) In this section—
"parent" includes—
(a) a parent by operation of the Adoption Act 1984 ; and
(b) a parent by operation of the Status of Children Act 1974 ;
"step-parent", in relation to a person, includes the spouse or domestic partner of the person's parent.
S. 37AAA inserted by No. 57/2007 s. 4, repealed by No. 74/2014 s. 7(3).
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S. 37AA inserted by No. 57/2007 s. 4, repealed by No. 74/2014 s. 7(3).
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S. 37A (Heading) amended by No. 38/2022 s. 6(1).
S. 37A inserted by No. 2/2006 s. 5.