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CHILDREN AND YOUNG PEOPLE (CONSEQUENTIAL AMENDMENTS) BILL 2008
2008
LEGISLATIVE
ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
CHILDREN
AND YOUNG PEOPLE (CONSEQUENTIAL AMENDMENTS) BILL
2008
EXPLANATORY
STATEMENT
Circulated by authority
of
Katy Gallagher
MLA
Minister for Children and Young
People
Simon Corbell
MLA
Attorney General
Children and Young People
(Consequential Amendments) Bill
2008
Explanatory
Statement
Table of
Contents
OUTLINE
The Children and Young People (Consequential
Amendments) Bill 2008 outlines transitional arrangements for the implementation
of the new Children and Young People Bill 2008 and amends other legislation
because of the enactment of the
Bill.
Schedule 1 of the Bill provides for
a new chapter of the Children and Young People Bill 2008, which outlines
transitional arrangements for the implementation of the new Act. It provides
for the translation of orders, unfinished applications, outstanding warrants,
licences and notices for care and protection, criminal matters, childcare
services and employment of children and young people. It provides interim
transitional arrangements for a three stage commencement of the Bill as
follows:
|
Stage 1
|
Several key concepts in chapters 1 and 2, the
criminal matters chapters (4 to 9) and part 1.1 of schedule 1 will commence to
support the opening of Bimberi, the new youth detention place
|
|
Stage 2
|
The care and protection chapters (10 to 19),
official visitors (part 2.3) and information sharing chapter
(25)
|
|
Stage 3
|
All remaining provisions not yet
commenced
|
Schedules 2 to 4 provide for technical
amendments to various Acts and Regulations. The amendments are technical and
are structured into 3 schedules to support the staged commencement of the Act.
These amendments update or substitute references to the Children and Young
People Act 1999 with references to the Children and Young People Act 2008.
The amendments also update various definitions and concepts, such as the concept
of parental responsibility, across territory legislation.
The Bill also makes consequential
amendments to Territory legislation to implement the reforms contemplated by
schedule 1 of the Children and Young People Bill 2008 to reflect the application
of the Crimes (Sentencing) Act 2005, the Crimes (Sentence
Administration) Act 2005 and the Court Procedures Act 2004 to
children and young people. Consequential amendments further reflect the
consolidation and modernisation of provisions that govern the court procedures
for matters involving children and young people, through the Magistrates
Court Act 1930.
Schedule 5 provides
for the repeal of the Children and Young People Act 1999 and associated
instruments
DETAIL
Clause 1 — Name of
Act
This is a technical clause and sets out the name of
the new Act as the Children and Young People (Consequential Amendments) Act
2008.
Clause 2 —
Commencement
This clause provides for a staged commencement of
the Children and Young People Act 2008.
Clause 3 — Legislation
amended—sch 1-4
This clause outlines that the Act will amend the
legislation in schedules 1 to 4.
Clause 4 — Legislation
repealed—sch 5
This clause enables legislation outlined in
schedule 5 to be repealed in parts.
Schedule
1 Consequential amendments—transitional provisions
Part
1.1 Children and Young People Act 2008
Clause 1.1 — New
chapter 27
This clause creates new chapter 27 (Transitional
provisions) for the Children and Young People Act
2008.
The transitional chapter provides
rules for identifying the correct law at the relevant time the law needs to be
applied.
Chapter
27 Transitional
Part
27.1 General
This part sets out general transitional
provisions.
Clause 889 — Meaning
of repealed Act—pt
27.1
This clause sets out the meaning of repealed Act
for this part.
Clause 890 —
Construction of outdated references
This clause provides a transitional arrangement for
references to the repealed Act (the Children and Young People Act 1999)
and provisions of the repealed Act. Any references in Acts, instruments,
documents or forms to the repealed Act, or provisions of the repealed Act, are
to be treated as references to the Children and Young People Act 2008 and
corresponding provisions.
This clause
also provides a transitional arrangement for references in Acts, instruments,
documents and forms that are no longer relevant because of the repeal of the
Children and Young People Act 1999. These references are taken to be
references to corresponding matters under the Children and Young People Act 2008
where the context allows and if otherwise appropriate.
Clause 891 —
Procedural changes—applications under repealed Act
This clause provides a transitional arrangement for
procedural orders and procedures arising from proceedings on foot under the
repealed Act immediately before commencement day.
Subsection (2) provides that if an
application is made for an order under the 1999 Act that is not the same in
substance as an order that could be made under the 2008 Act, then the
application is taken to be for an order under the 2008 Act that most closely
corresponds to the order originally applied
for.
Any procedural order or procedure in
relation to the unfinished application is taken to be in accordance with the
2008 Act. At the next return of the application, the Court may give directions
or make orders that could be made by the Court under the 2008
Act.
This clause also requires the Court
to decide whether a person is served with a copy of an application that is
required to be given to the person under the 2008 Act but who was not required
to be served under the 1999 Act.
Clause 892 —
References to orders in force immediately before commencement
day
This clause provides that references to orders in
force under the repealed Act include orders in force before commencement day
which were originally made under the repealed Children’s Services Act 1986
and were transitioned, with the repeal of the Children's Services Act, to orders
under the 1999 Act.
Clause 893 —
Transitional regulations
This clause authorises the Executive to make
regulations to address unforeseen transitional matters following the
commencement of the foreshadowed Act.
Clause 894 — Expiry
— ch 27
This clause provides that this chapter expires 5
years after it commences.
Part
27.2 Care and protection matters
This part outlines transitional arrangements
related to care and protection matters.
Clause 895 —
Definitions — pt 27.2
This clause outlines definitions for commencement
day and repealed Act for this part. The provisions in this part commence on the
day that the care and protection chapters commence.
Clause 896 — Parental
responsibility generally
This clause provides that to remove any doubt, a person
who has parental responsibility immediately before commencement day because of a
court order in force under the 1999 Act or another Act continues to have
parental responsibility for the child or young person under the 2008 Act while
the court order remains in force.
Clause 897 — Agreement
for exercise of general parental responsibility—in force before
commencement day
This clause provides a transitional arrangement for
agreements entered into by the Chief Executive with a carer for any child or
young person under section 30(1) of the 1999 Act in force before the
commencement day.
From commencement day, the
agreement is deemed to be an authorisation by the Chief Executive to the carer
as follows:
• If the carer is an individual,
the agreement is deemed to be an authorisation as a foster carer (general
parental authority) under section 518 of the new
Act.
• If the carer is a foster care service,
the agreement is deemed to be an authorisation as a foster care service under
section 516 of the new Act. Foster care services are not authorised to exercise
parental responsibility on behalf of the Chief
Executive.
• If the carer is a body other
than a foster care service, the agreement is deemed to be an authorisation as a
residential care service (general parental authority) under section 519 of the
new Act.
Clause 898 — Authority
to exercise parental responsibility for particular child or young
person—in force before commencement day
This clause provides a transitional arrangement for
agreements entered into by the Chief Executive with a carer for a particular
child or young person under section 31(1) of the 1999 Act in force before the
commencement day.
From commencement day,
the agreement is deemed to be an authorisation by the Chief Executive to the
carer to exercise the
responsibility—
• If the agreement
is with a member of kin, the agreement is deemed to be
an authorisation as a kinship carer (specific parental authority) under section
515 of the new Act.
• If the agreement
is with a carer, the agreement is deemed to be an
authorisation as a foster carer (specific parental authority) under section 517
of the new Act.
Clause 899 — Official
visitor — continued appointment
This clause provides that the appointment of
Official Visitor that is in force immediately before commencement day continues
in force from the date the care and protection chapters
commence.
Clause 900 — Official
visitor — unfinished complaints
This clause provides that any complaints to the
Official Visitor that are not finalised before commencement day are deemed to be
complaints under the new Act.
Clause 901 — Suitable
entities
This clause provides that entities that are
appointed, engaged, employed or authorised by the Chief Executive before
commencement day under section 47 of the 1999 Act are deemed to be approved as
suitable entities by the Chief Executive under the new Act for the purpose for
which they were appointed, engaged, employed or authorised.
Clause 902 — Family
group conference agreement — unfinished applications for
registration
This clause provides that an application for the
registration of a family group conference agreement that is undecided before
commencement day, is deemed to be an application by the Chief Executive to
register the agreement under the new Act.
Clause — 903 Family
group conference agreement — in force before commencement
day
This clause provides that a family group conference
agreement in force under the 1999 Act is deemed to be a family group conference
agreement under the new Act and continues in force under its original
terms.
Clause 904 —
Registered family group conference agreement — in force before
commencement day
This clause provides that a family group conference
agreement registered by the Children’s Court under the 1999 Act is deemed
to be a family group conference agreement entered into and registered in
accordance with the new Act. The agreement continues in force under its original
terms however the new Act applies to the agreement. For example, the Chief
Executive must implement the arrangements in the agreement in a way that
complies with the family group conference standards (see section 90 of the new
Act).
Clause 905 — Voluntary
care agreement — in force before commencement day
This clause provides that a voluntary care
agreement in force under the 1999 Act is deemed to be a voluntary care agreement
under the new Act and continues in force under its original
terms.
Clause 906 — Short
care and protection order — unfinished applications
This clause provides that an application for a
short care and protection order (other than a therapeutic protection order)
under the 1999 Act, that is undecided before commencement day, is deemed to be
an application for a care and protection order under the new Act by the Chief
Executive under section 423 or someone else under section 424.
Clause
— 907 Final care and protection order — unfinished
applications
This clause provides that an application for a
final care and protection order (other than a therapeutic protection order),
that is undecided before commencement day, is deemed to be an application for a
care and protection order under the new Act by the Chief Executive under section
423 or someone else under section 424.
Clause 908 —
Therapeutic protection order — unfinished applications
This clause provides that an application by the
Chief Executive for a therapeutic protection order, that is undecided before
commencement day, is deemed to be an application for a therapeutic protection
order under the new Act.
Unfinished
applications for therapeutic protection orders made by someone other than the
Chief Executive lapse. This reflects changed policy regarding who is entitled
to apply for this type of order and as a consequence, any unfinished
applications on foot at commencement day will need to lapse in accordance with
the changed policy.
Clause 909 — Short
care and protection order — in force before commencement
day
This clause provides a transitional arrangement for
short care and protection orders under the 1999 Act in force on commencement day
of the new Act. For the new Act, a short care and protection order under the
1999 Act that is a:
• specific issues
order relating to someone’s drug use, is deemed to be a care and
protection order with a drug use
provision;
• specific issues order (not
relating to someone’s drug use), is deemed to be a care and protection
order with a specific issues
provision;
• contact order, is deemed to
be a care and protection order with a contact provision;
• residence order, is deemed to be a
care and protection order with a residence
provision;
• assessment order, is deemed
to be an assessment order;
and
• therapeutic protection order, is
deemed to be a therapeutic protection
order.
Subsection (3) provides that a
short care and protection order that is deemed to be an order under this section
ends when it would have ended if the repealed Act had not been repealed unless
it is revoked sooner.
Clause 910 — Care and
protection orders — unfinished cross-applications
This clause provides that a cross-application by a
party to a proceeding for a care and protection order, that is undecided before
commencement day, is deemed to be a cross-application by the party under the new
Act.
Clause 911 — Interim
care and protection orders — in force before commencement
day
This clause provides that an interim care and
protection order (other than an interim therapeutic protection order) made under
the 1999 Act is deemed to be an interim care and protection order under the new
Act. The order continues in force under its original terms.
Clause 912 — Interim
therapeutic protection orders — in force before commencement
day
This clause provides that an interim care and
protection order that is an interim therapeutic protection order made under the
1999 Act is deemed to be an interim therapeutic protection order under the new
Act. The order continues in force under its original terms.
Clause 913 — Interim
protection orders — in force before commencement day
This clause provides that an interim protection
order made under the 1999 Act is deemed to be a DVPO interim protection order
under the new Act. The order continues in force under its original
terms.
Clause 914 — Final
protection orders — in force before commencement day
This clause provides that a final protection order
made under the 1999 Act is deemed to be a DVPO final protection order under the
new Act. The order continues in force under its original terms.
Clause 915 — Contact
orders — in force before commencement day
This clause provides that a contact order made
under the 1999 Act is deemed to be a care and protection order with a contact
provision under the new Act. The order continues in force under its original
terms.
Clause 916 — Residence
orders — in force before commencement day
This clause provides that a residence order made
under the 1999 Act is deemed to be a care and protection order with a residence
provision under the new Act. The order continues in force under its original
terms.
Clause 917 — Short
care and protection order — unfinished applications for extension or
variation
This clause provides that an application for
extension or variation of a short care and protection order (other than a
therapeutic protection order), that is undecided before commencement day, is
deemed to be an application for extension or amendment of a care and protection
order under the new Act. Applications for extension or variation can be made by
the Chief Executive or someone else.
Clause 918 — Short
care and protection order— unfinished applications for
revocation
This clause provides that an application for
revocation of a short care and protection order (other than a therapeutic
protection order), that is undecided before commencement day, is deemed to be an
application for revocation of a care and protection order under the new Act.
Applications for revocation can be made by the Chief Executive or someone
else.
Clause 919 —
Assessment orders — appraisals — unfinished
applications
This clause provides that an application by the
Chief Executive for an assessment order to conduct a child protection appraisal,
that is undecided before commencement day, is deemed to be an application for an
appraisal order under the new Act.
Clause 920 —
Assessment orders — special assessments — unfinished
applications
This clause provides that an application for an
assessment order to conduct a special assessment, that is undecided before
commencement day, is deemed to be an application for an assessment order under
the new Act. This however only applies to applications made by the Chief
Executive or another person who is a party to a proceeding for a care and
protection order for the child or young person.
Applications made by other persons are
intended to lapse on commencement day. This reflects changed policy regarding
who is entitled to apply for this type of order and as a consequence, any
unfinished applications on foot at commencement day will need to lapse in
accordance with the changed policy.
Clause 921 —
Assessment orders — in force before commencement day
This clause provides that an assessment order
authorising a child protection appraisal made under the 1999 Act is deemed to be
an appraisal order under the new Act.
This clause further provides that an
assessment order authorising a special assessment made under the 1999 Act is
deemed to be an assessment order under the new Act.
The orders continue in force on
commencement day under their original terms including their
length.
Clause 922 — Emergency
action
This clause provides a transitional arrangement for
the taking of emergency action in relation to a child or young person. If
emergency action has been taken before commencement day, and the Chief Executive
or police officer has parental responsibility for the child or young person
because of the action, the action is deemed to have been taken under the new
Act. Chapter 13 applies to the child or young person on and after commencement
day.
Clause 923 — Release
after emergency action — unfinished applications
This clause provides that an application for an
order for the release of a child or young person into the care of the applicant
or another named person following emergency action that is undecided before
commencement day is to be heard and decided under the 1999 Act as if it had not
been repealed.
Clause 924 — Variation
or revocation of therapeutic protection order— unfinished
applications
This clause provides that an application for
variation or revocation of a therapeutic protection order that is undecided
before commencement day, is deemed to be an application for amendment or
revocation of a therapeutic protection order under the new Act.
Clause 925 — Interim
orders before application adjourned — in force before commencement
day
This clause outlines transitional arrangements for
interim orders made under the 1999 Act that are in force on commencement
day:
• An interim order giving interim
parental responsibility for the child or young person to the Chief Executive or
someone else, is deemed to be an interim care and protection order with a
parental responsibility provision;
• An
interim contact order is deemed to be an interim care and protection order with
a contact provision;
• An interim
specific issues order (relating to someone’s drug use) is deemed to be an
interim care and protection order with a drug use provision;
• An interim specific issues order (not
relating to someone’s drug use) is deemed to be an interim care and
protection order with a specific issues provision;
and
• An interim assessment order is
deemed to be an assessment order under this
Act.
These orders continue in accordance
with their original terms, including their length.
Clause 926 — Specific
issues orders — in force before commencement day
This clause outlines transitional arrangements for
specific issues orders made under the 1999 Act that are in force on commencement
day. A specific issues order under the 1999 Act which
includes:
• An order relating to the
day-to-day or long-term care, welfare or development of the child or young
person is deemed to be a care and protection order with a parental
responsibility provision under the new Act. Orders that do not have a period
stated or are made until the child or young person is 18 years are deemed to be
a care and protection order with a long-term parental responsibility provision
under clause 463(2)(g). Other orders are deemed to be a care and protection
order with a short-term parental responsibility provision under clause
463(2)(f).
• An order requiring an
entity to give the Chief Executive information about the care, protection,
welfare or development of the child or young person, is deemed to be a care and
protection order with a specific issues provision under the new
Act.
• An order directing a named person
not to live at the same premises as the child or young person is deemed to be a
care and protection order with a residence provision under the new
Act.
• An order directing that a named
person have no contact with the child or young person is deemed to be a care and
protection order with a contact provision under the new
Act.
• An order that the child or young
person submit to the jurisdiction of the mental health tribunal deemed to be a
care and protection order with a mental health tribunal provision under the new
Act.
• An order about supervision of the
child or young person, is deemed to be a care and protection order with a
supervision provision under the new
Act.
• An order (relating to
someone’s drug use) requiring a named person to do, or refrain from doing,
a stated thing or observe a stated condition, is deemed to be a care and
protection order with a drug use provision under the new
Act.
• An order (not relating to
someone’s drug use) requiring a named person to do, or refrain from doing,
a stated thing or observe a stated condition, is deemed to be a care and
protection order with a specific issues provision under the new
Act.
• An order made under 246(3)(h)
which the Childrens Court considers appropriate is deemed to be a care and
protection order with a specific issues provision under the new
Act.
These orders continue in accordance
with their original terms.
Clause 927 — Variation
or revocation of interim care and protection orders — unfinished
applications
This clause provides that an application by a party
for variation of an interim care and protection order that is undecided before
commencement day, is deemed to be an application for revocation or amendment of
the interim care and protection order under the new Act.
Clause 928 — Final
care and protection orders — in force before commencement
day
This clause provides a transitional arrangement for
final care and protection orders (excluding therapeutic protection orders) in
force under section 255 of the 1999 Act immediately before commencement day.
Transitional arrangements for therapeutic protection orders in force immediately
before commencement are addressed in clauses 908, 911 and 928.
From the day of commencement, a final
care and protection order in force for a child or young person under section 255
of the 1999 Act is taken to be, in accordance with its terms, a care and
protection order under clause 463(2) with a provision that corresponds in
substance, as follows:
• An order under
section 255(4)(a) that the Chief Executive supervise the care and protection of
the child or young person in relation to matters mentioned in the order will
become a care and protection order with a supervision provision under clause
463(2)(i);
• An order under section
255(4)(b) giving parental responsibility for the child or young person to the
Chief Executive or someone else will become a care and protection order with a
parental responsibility provision under clause 463(2)(f) or (g). Orders that do
not have a period stated or are made until the child or young person is 18 years
are deemed to be a care and protection order with a long-term parental
responsibility provision under clause 463(2)(g) of the new Act. Other orders
are deemed to be a care and protection order with a short-term parental
responsibility provision under clause
463(2)(f).
• An enduring parental
responsibility order under section 255(4)(c) that has effect until the child or
young person turns 18 will become a care and protection order with an enduring
parental responsibility provision under clause
463(2)(c);
• An order under section
255(4)(d) that the child or young person submit to the jurisdiction of the
mental health tribunal will become a care and protection order with a mental
health tribunal provision under clause
463(2)(d);
• Any other order under
section 255(4)(e) that the Childrens Court considers appropriate which relates
to a person’s drug use will become a care and protection order with a drug
use provision under clause
463(2)(b).
• Any other order under
section 255(4)(e) that the Childrens Court considers appropriate will become a
care and protection order with a specific issues provision under clause
463(2)(h).
Any specific conditions,
requirements or arrangements that are part of the care and protection order in
force immediately before commencement day will become part of the new order as
all orders will transition in accordance with their terms. For example, a care
and protection order under section 255(4)(e) of the 1999 Act in force
immediately before commencement day directing a child’s parents to attend
stated parenting programs will be taken to be a care and protection order with a
specific issues provision directing the child’s parents to attend stated
parenting programs.
Clause 929 — Final
care and protection orders (therapeutic protection)—in force before
commencement day
This clause provides that a therapeutic protection
order made as a final care and protection order under the 1999 Act is deemed to
be a care and protection order with a therapeutic protection order under the new
Act. The order continues in force under its original terms.
Clause 930 — Variation
or revocation of final care and protection orders — unfinished
applications
This clause provides a transitional arrangement for
applications for variation and revocation of care and protection orders
(excluding therapeutic protection orders) under section 264, which are on foot
immediately before commencement day. A transitional arrangement for an
unfinished application for variation or revocation of a therapeutic protection
order is addressed in clause 921.
From the
day of commencement, an application for variation of a care and protection order
under section 264 of the repealed Act is taken to be an application for
extension or amendment of the care and protection order, or a provision in the
care and protection order, under clause
465.
From the day of commencement, an
application for revocation of a care and protection order under section 264 of
the repealed Act is taken to be an application for revocation of the care and
protection order, or a provision in the care and protection order under clause
466.
Clause 931— Safe
custody warrant — unfinished applications
This clause provides that an application for a
warrant under the 1999 Act, that is undecided before commencement day, is deemed
to be an application for a safe custody warrant under the new Act.
Clause 932 — Safe
custody warrant — in force before commencement day
This clause provides that a warrant issued by a
magistrate under section 270 of the 1999 Act, that has not lapsed or been
executed before the commencement day, is taken to be a safe custody warrant
issued by a magistrate under the new Act.
Clause 933 —
Administrative transfer of orders — in force before commencement
day
This clause provides that a care and protection
order that has been transferred to a participating State under the 1999 Act by
the Chief Executive before commencement date, is deemed to be a child welfare
order transferred to the participating State under the new Act. The order
operates in accordance with its original terms.
Clause 934 — Transfer
of orders — unfinished applications
This clause provides that an application for the
transfer of a child care and protection order to a participating State under the
1999 Act, that is undecided before commencement day, is deemed to be an
application for transfer of the order under the new Act.
Clause 935 — Childrens
Court transfer of orders — in force before commencement
day
This clause provides that a care and protection
order that has been transferred to a participating State under the 1999 Act by
the Childrens Court before commencement day, is deemed to be a child welfare
order transferred to the participating State under the new Act. The order
operates in accordance with its original terms.
Clause 936 — Order
transferring proceeding — unfinished applications
This clause provides that an application by the
Chief Executive for the transfer of a child care and protection proceeding to a
court of a participating State under the 1999 Act that is undecided before
commencement day, is deemed to be an application for transfer of the proceeding
under the new Act.
Clause 937 — Interim
orders about transferred proceedings — in force before commencement
day
This clause provides that an interim order made
under the 1999 Act for a child care and protection proceeding that is
transferred to a participating State, is deemed to be an interim order under the
new Act. The order continues to operate in accordance with its original
terms.
Clause 938 —
Revocation of registration — unfinished applications
This clause provides that an application by a
person to revoke the registration of a child care and protection order filed
under the 1999 Act that is undecided before commencement day, is deemed to be an
application for revocation of the order under the new Act.
Clause 939—Sensitive
information and protected information
This clause deems sensitive and protected
information under the 1999 Act before commencement day to be sensitive and
protected information respectively under the 2008 Act. To remove doubt, chapter
25 applies to this deemed information.
Clause 940 — AAT
review of decisions
In exercising its powers to vary or substitute a
decision of the Chief Executive’s under the 1999 Act, this clause requires
the Administrative Appeals Tribunal
to:
• vary the decision in a way that is as
consistent as possible with a power exercisable under the new Act;
or
• make a decision that could be made by
the Chief Executive under the new Act.
Part
27.3 Care and protection matters — interim transitionals
This part outlines interim transitional
arrangements to apply for the period between the commencement of the care and
protection chapters and the repeal of remaining provisions the 1999 Act (stage
2).
Clause 941 —
Information secrecy and sharing
This clause provides an interim transitional
arrangement for the information secrecy and sharing provisions. During the
interim transitional period, chapter 25 (Information secrecy and sharing) of new
Act will apply to the giving or seeking of information under the Children and
Young People Act 1999.
Clause 942 — People
with parental responsibility
This clause provides an interim transitional
arrangement for the concept of parental responsibility under the new Act, to
apply to the 1999 Act for an interim period during stage 2. This is necessary
as revised concepts relating to parental responsibility under the new Act
(outlined in division 1.3.2) rely on provisions in the care and protection
chapters which commence in stage 2.
Part
27.4 Criminal matters — transfers
Clause 943 —
Definitions — pt 27.4
This clause sets out definitions for this
part.
Clause 944— Interstate
transfers — agreements and arrangements with other
jurisdictions
This clause provides that a transfer agreement and
any arrangements in force in relation to the agreement in force under the 1999
Act are deemed to be a transfer agreement and arrangements under the new
Act.
Clause 945 —
Interstate transfers — application for transfer of young
offender
This clause provides that an application to the
Chief Executive to transfer a young offender under the 1999 Act, that is
undecided before commencement day, is deemed to be an application made under the
new Act.
Clause 946 —
Interstate transfers — order for transfer of young
offender
This clause provides that a transfer order made
under the 1999 Act and in force on commencement day, is deemed to be a transfer
order made under the new Act.
Clause 947 —
Interstate transfers — escape during transit through ACT
This clause provides that a warrant issued by a
magistrate under section 146(3) of the 1999 Act, that has not lapsed or been
executed before the commencement day, is deemed to be a warrant issued by a
magistrate under the new Act.
Sub-clause
(2) provides that an order made by the Magistrates Court or Childrens Court
under section 146(6) of the 1999 Act, in force immediately before the
commencement day, is taken to be an order made by the Magistrates Court or
Childrens Court under the new Act.
Clause 948 —
Interstate transfers — search warrant for escapee
This clause provides that a search warrant issued
by a magistrate under section 147 of the 1999 Act, that has not lapsed or been
executed before the commencement day, is deemed to be a search warrant issued by
a magistrate under the new Act.
Clause 949 —
Interstate transfers — revocation of transfer order
This clause provides that an application to revoke
a transfer order made in relation to a young offender under the 1999 Act, that
is undecided before commencement day, is deemed to be an application made under
the new Act.
Clause 950 —
Interstate transfers — arrangements after revocation of transfer
order
This clause provides that an arrangement made by
the Chief Executive after the revocation of a transfer order under the 1999 Act,
and in force on commencement day, is deemed to be an arrangement made under the
new Act.
Clause 951 — Special
purpose leave
This clause provides that special purpose leave
granted to a young person under the 1999 Act, which is in force on commencement
day, is taken to be a local leave permit given under the new
Act.
Part
27.5 Criminal matters — interim transitionals
This part outlines interim transitional
arrangements to apply for the period between the commencement of the criminal
matters chapters and commencement of the care and protection chapters (stage
1).
Clause 952 — Official
visitor
This clause provides an interim transitional
arrangement for the scheme relating to Official Visitors under the 1999 Act, to
apply to detention places under the new Act for an interim period during stage
1. Part 2.3 of the new Act relating to official visitors will commence for
stage 2 in relation to detention places, places of care and therapeutic
protection places.
Clause 953 — Person
remanded in a shelter or committed to an institution
This clause provides an interim transitional
arrangement for terminology changes in relation to institution shelter and
detention place. During the interim transitional period, if a person is
remanded in a shelter, or committed to an institution, under the 1999 Act, the
person is taken, for the purposes of the criminal matters chapters, to be
remanded in, or committed to, a detention place.
This clause will have the effect of
harmonising terminology changes during the interim transitional
period.
Clause 954 —
Application of youth justice principles etc
This clause provides an interim transitional
arrangement for the youth justice principles. During the interim transitional
period, sections 8 (Best interests of children and young people paramount
consideration), 9 (Principles applying to Act) and 94 (Youth justice principles)
of the new Act will apply to decisions made under part 6.2 of the 1999 Act
(Dealing with young offenders in the ACT). This clause is necessary to ensure
the principles underpinning decisions made under the 1999 Act and 2008 Act in
relation to young offenders and alleged young offenders are consistently applied
at the one time. This clause will commence in stage one.
Clause 955 —
Application of certain provisions relating to administration
This clause provides an interim transitional
arrangement for powers of the Chief Executive to get help and to give and
receive information under the 1999 Act, to apply to the new Act for an interim
period during stage 1. This is necessary as information sharing (chapter 25) and
the power to seek help (clause 25) under the new Act relies on provisions in the
care and protection chapters and will therefore commence at stage
2.
Clause 956 — Meaning
of daily care responsibility and long-term care responsibility
This clause provides an interim transitional
arrangement for the concept of parental responsibility under the 1999 Act, to
apply to the new Act for an interim period during stage 1. This is necessary as
revised concepts relating to parental responsibility under the new Act (outlined
in division 1.3.2) rely on provisions in the care and protection chapters and
will therefore commence in stage 2.
Part
27.6 Childcare services
Clause 957 —
Definitions — pt 27.6
This clause sets out definitions for this
part.
Clause 958 —
In-principle approval — unfinished applications
This clause provides that an application to the
Chief Executive for approval in principle to operate a childrens service under
the 1999 Act, that is undecided before commencement day, is deemed to be an
application for a childcare service licence under the new Act. This reflects
the removal of the requirement for a proprietor to hold an approval in principle
under the new Act.
Clause 959 —
In-principle approval — in force before commencement day
This clause provides that an approval in principle
for a childrens service that is in force under the 1999 Act immediately before
commencement day is deemed to be a childcare service licence under the new Act.
This reflects the removal of the requirement for a proprietor to hold an
approval in principle under the new
Act.
On commencement day, the childcare
service licence is not subject to any condition to which the approval in
principle was subject under the 1999 Act. Instead, the licence is subject to
the childcare service standards under section 886 of the new
Act.
The childcare service licence ends
when the approval in principle would have otherwise ended under the 1999 Act,
unless it is cancelled sooner.
Clause 960 — Licence
— unfinished applications
This clause provides that an application to the
Chief Executive for a licence to operate a childrens service, that is undecided
immediately before commencement, is deemed to be an application for a childcare
service licence under the new Act.
Clause 961 — Licence
to operate childrens service — in force before commencement
day
This clause provides that a licence to operate a
childrens service that is in force under the 1999 Act immediately before
commencement day is deemed to be a childcare service licence under the new Act.
On commencement day, the childcare
service licence is not subject to any condition to which the licence was subject
under the 1999 Act. Instead, the licence is subject to the childcare service
standards under section 886 of the new Act.
Clause 962 — Licence
renewal — unfinished applications
This clause provides that an application to the
Chief Executive for renewal of a licence to operate a childrens service under
the 1999 Act, that is undecided immediately before commencement, is deemed to be
an application for renewal of a childcare service licence under the new
Act.
Clause 963 — Search
warrant — unfinished applications
This clause provides that an application for a
warrant to enter premises under the 1999 Act, that has not been issued or
refused to be issued by a Magistrate immediately before commencement, is deemed
to be an application for the issue of a warrant under section 823(1) of the new
Act.
Clause 964 — Search
warrant— in force before commencement day
This clause provides that a warrant to enter
premises issued by a magistrate under the 1999 Act, that has not lapsed or been
executed before the commencement day, is deemed to be a warrant to enter the
premises issued by a magistrate under section 823(4) of the new
Act.
Clause 965 — Notice to
enforce requirements — in force before commencement day
This clause provides that a notice under section
358(1) in relation to a childrens service under the 1999 Act, that is in force
immediately before the commencement day and has not been complied with, is
deemed to be a compliance notice under the new Act.
Clause 966 —
Suspension for non—compliance — order in force before commencement
day
This clause provides
that:
• a notice suspending an approval
in principle or licence to operate a childrens service, or
• a direction to the proprietor of the
childrens service to stop operating the childrens service and suspend the care
of children by the service
which is in force
immediately before commencement day under the 1999 Act, is deemed to be a
compliance suspension notice to the licensed proprietor of the service under new
Act.
Clause 967 —
Suspension of operation for safety — order in force before commencement
day
This clause provides that an order that a childrens
service stop operating, which is in force under the 1999 Act immediately before
commencement day, is deemed to be a safety suspension notice to the licensed
proprietor of the service under the new Act.
Part
27.7 Employment of children and young people
Clause 968 —
Definitions — pt 27.7
This clause sets out definitions for this
part.
Clause 969 — Work
experience — continued exemption
Under the 1999 Act, certain work experience for
children and young people was exempt from the meaning of employment. Under the
2008 Act, this is replaced by a scheme to exempt work experience programs that
meet work experience standards established by the
Minister.
This clause has the effect of
continuing the arrangement under the 1999 Act for a period of 6 months from
commencement day. The educational institution where the child or young person
is enrolled is deemed to have been granted an exemption under the new Act in
relation to the work experience program conducted by the educational
institution.
Clause 970 — Light
work — continued application of exception
This clause provides that an employer who has given
the Chief Executive notice in accordance with section 371(2) under the 1999 Act
in relation to a young child employed in light work for longer than 10 hours is
taken to have told the Chief Executive in writing about the employment for the
new Act.
Clause 971 — Notice
regulating employment— in force before commencement day
This clause provides that a notice given to an
employer by the Chief Executive under section 375(1)(a) that is in force
immediately before commencement day is deemed to be an employment prohibition
notice under the new Act, in accordance with its
terms.
This clause provides that a notice
given to an employer by the Chief Executive under section 375(1)(b) that is in
force immediately before commencement day, is deemed to be an employment
conditions notice under the new Act in accordance with its
terms.
Part
27.8 Enforcement
Clause 972 —
Definitions — pt 27.6
This clause sets out definitions for the
part.
Clause 973 — Search
warrant — unfinished applications
This clause provides that an application under
section 396 for a warrant to enter premises under the 1999 Act, which has not
been issued immediately before the commencement day or been refused is deemed to
be an application for the issue of a warrant under section 823(1) of the new
Act.
Clause 974 — Search
warrant — in force before commencement day
This clause provides that a search warrant issued
by a magistrate under section 396 of the 1999 Act, which has not lapsed or been
executed before the commencement day, is deemed to be a warrant to enter the
premises issued by a magistrate under section 823(4) of the new
Act.
Part
1.2 Court Procedures Act 2004
Clause 1.2 — New Part
13
This part provides that any orders made for parents
to attend court, or warrants issued under section 60 of the Children and
Young People Act 1999, are taken to be orders made under the new
Act.
It also provides that the provisions
of the Act apply to any proceedings that have commenced prior to the
commencement of the Act and have not been completed. This means that if a
matter involving a young offender is before the court on the day that the Act
commences, any amendments to the Act will apply to that proceeding. The court
is directed to resolve any difficulties that arise from these amendments in an
appropriate manner. It is not expected that any change to the procedures
surrounding cases involving children and young people should disadvantage those
young offenders in receiving a fair
trial.
The clause also creates a
regulation making power which allows this part to be amended to make provision
in relation to any matters that have not been adequately dealt with in this
Part.
The transitional arrangements in
this part are to be in effect for two years from the date of
commencement.
Part
1.3 Crimes (Sentence Administration) Act 2005
Clause 1.3 — New
Chapter 18
This part provides that any amendments to the law
regarding the sentencing of young offenders and their remand in custody will
apply from the commencement of the Act, regardless of whether the young offender
was sentenced before or after the commencement of the
Act.
It then provides for the translation
of orders and arrangements under the previous legislation into the new regime.
It is expected that all existing orders relating to young offenders will become
orders administered under the Crimes (Sentence Administration) Act 2005.
Existing conditional discharge orders
under part 6.2 of the Children and Young People Act 1999 will become good
behavior orders under the Act for the purposes of administration of the orders.
Outstanding orders for fines and reparation will be taken to have been made
under the Act.
Existing probation orders
and attendance centre orders will be considered to be good behavior bonds with
supervision under the Act and community service orders will be treated as good
behaviour bonds with community service conditions. An existing residential order
will be an accommodation order under the
Act.
Revocation applications under
sections 100 or 117(1) of the Children and Young People Act 1999 that are
still on foot at the time of the commencement of the Act are to be treated as
applications under section 112 of the Act.
An order for committal to an institution
is to be taken to be an order for imprisonment under the Act, but the remissions
that applied under the Children and Young People Act 1999 will still
apply. In making a decision about remissions, the chief executive is required
to have regard to the youth justice principles outlined at section 94 of the new
Act and to give notice of the decision to the young person which includes
information about applying for a review of the decision under the
Administrative Decisions (Judicial Review) Act
1989.
Orders made for referral to the
Mental Health Tribunal after conviction will be taken to be orders made under
section 331 of the Crimes Act
1900.
The clause also creates a
regulation making power which allows this part to be amended to make provision
in relation to any matters that have not been adequately dealt with in this
Part.
Part
1.4 Crimes (Sentencing) Act 2005
Clause 1.4 — New
Chapter 11
This part provides that the Act applies to any
sentences imposed on young people or children after the commencement of the Act,
and to any action to be taken in relation to a sentence that is imposed on a
young offender, whether the sentence is imposed before or after the commencement
date.
The clause also creates a regulation
making power which allows this part to be amended to make provision in relation
to any matters that have not been adequately dealt with in this
Part.
Part
1.5 Magistrates Court Act 1930
Clause 1.5 — New Part
17
This part provides that the transitional provisions
for matters in the Childrens Court. It provides that any existing declaration
or assignment that a Magistrate is a Childrens Court Magistrate continues under
the Act as if it had been made under the
Act.
Any proceeding on foot at the time of
the commencement of the Act will continue under the new provisions, with
discretion for the Magistrate to resolve any issues that arise from this in the
manner appropriate. It is expected that this should not disadvantage an accused
person or young offender who is a party to the
proceedings.
The clause also creates a
regulation making power which allows this part to be amended to make provision
in relation to any matters that have not been adequately dealt with in this
Part.
Schedule
2 — Consequential amendments—criminal matters
chapters
This schedule sets out consequential amendments
that will occur with the commencement of the criminal matters chapters in stage
1.
Part
2.1 — Bail Act 1992
This part amends the Bail Act 1992.
Clause 2.1 — Section
23 (1) (b)
Section 23(1) provides criteria to be used by a
court or authorised officer when making a decision about the granting of bail to
a child in relation to an offence.
This
clause replaces the principles in the Children and Young People Act 1999
that must be considered when making a decision in granting bail to a child with
the new youth justice principles outlined at clause 94 of the Children and Young
People Bill 2008.
Clause 2.2 — Section
26 (1) (b) (i)
Section 26 outlines the conditions that may be
imposed on the grant of a bail to a
child.
This clause replaces principles
outlined in the Children and Young People Act 1999 with the new youth
justice principles outlined at clause 94 of the Children and Young People Bill
2008.
Clause 2.3 — Section
26 (4) (a) (ii)
Section 26(4) indicates where a court or an
authorised officer may not impose conditions when granting bail to an accused
person who is a child unless it is in accordance with the relevant
principles.
For section 26(4)(a)(ii), this
clause replaces the relevant principles in section 68 of the
Children and Young People Act 1999 with
the new youth justice principles outlined at Clause 94 of the Children and Young
People Bill 2008 as the relevant principles.
Part
2.2 — Children and Young People Act 1999
This part amends the Children and Young People
Act 1999.
Clause 2.4 — Section
68
This clause removes section 68 that provides for
the principles to be applied to a decision made under part 6.2 of the
Children and Young People Act 1999 in relation to a young person or young
offender. This amendment is necessary, as the new youth justice principles
outlined at clause 94 of the Children and Young People Bill 2008 will
apply to decisions under part 6.2 of the 1999 Act in the interim transitional
period during the staged commencement of the Bill (see clause 947).
Clause 2.5 — Sections
85A to 87
This clause removes section 85A (Taking young
person to and from court), section 86 (Private property of a young person placed
in an institution or shelter) and section 87 (Bringing arrested young people
before Childrens Court) from the Children and Young People Act 1999.
These sections are repealed to occur with the commencement of the criminal
matters chapters in the new Act.
Clause 2.6 — Division
6.2.4
This clause removes division 6.2.4 (Transfer of a
person between institutions) from the Children and Young People Act 1999.
This division is repealed to occur with the commencement of Chapter 5
(transfers) in the new Act.
Clause 2.7 — Sections
126, 128 and 129
This clause removes section 126 (Young people in
correctional centres), section 128 (Special purpose leave of absence to a young
person who has been committed to an institution or placed in a shelter) and
section 129 (Medical examinations and surgical operations of
a young person who is in an institution) from the
Children and Young People Act 1999. These sections are repealed to occur
with the commencement of the criminal matters chapters in the new
Act.
Clause 2.8 — Part
6.3
This clause removes part 6.3 (Interstate
transfer) from the Children and Young People Act 1999. This division
is repealed to occur with the commencement of chapter 5 (transfers) in the new
Act.
Clause 2.9 — Chapter
13A
This clause removes chapter 13A
(Detainees—search and seizure) from the Children and Young People Act
1999. This chapter is repealed to occur with commencement of chapter 7
(searches) in the new Act.
Clause 2.10 — Section
401A, sections 403 to 403B
This clause removes section 401A (Definitions for
chapter 14 — Standards and standing orders), section 403 (Standing
order—making power), section 403A (Standing orders—provisions about
security etc), section 403B (Standing orders—inspection) from the
Children and Young People Act 1999. These sections are repealed to occur
with the commencement of the criminal matters chapters in the new
Act.
Part
2.3 — Coroners Act 1997
This part amends the Coroners Act
1997.
Clause 2.11 — Section
3C (1) (a)
Section 3C (1) of the Coroners Act 1997
outlines the meaning of death in custody for the
Act.
This clause replaces the definition
death in custody at a correctional centre or lockup with death in custody at a
correction centre, lockup or detention place.
Clause 2.12 — Section
3C (1) (g)
For section 3C(1)(g) this clause replaces the
meaning of death in custody while subject to transfer arrangements under the
Children and Young People Act 1999 to mean while subject to the transfer
arrangements contained in the Children and Young People Bill 2008.
Clause 2.13 — Section
3D (f)
Section 3D provides a definition of a custodial
officer for the Coroners Act
1997.
This clause replaces a reference
to the Chief Executive or an officer under the Children and Young People Act
1999 with a reference to the Chief Executive or an authorised person under
the Children and Young People Bill 2008.
Part
2.4 — Corrections Management Act 2007
This part amends the Corrections Management Act
2007.
Clause 2.14 — Section
77 (8), definition of relevant Chief Executive, paragraph (a)
Section 77(8) provides a definition of relevant
Chief Executive for the Corrections Management Act
2007.
This clause replaces the Chief
Executive responsible for any provision of the Children and Young People Act
1999 with the Chief Executive responsible for the Children and Young People
Bill 2008.
Part
2.5 — Court Procedures Act 2004
This part amends the Court Procedures Act
2004.
Clause 2.15 — Section
15 (2) (c) (iv) (B)
Section 15 provides for the remission, refund,
deferral, waiver and exemption of fees for the Court Procedures Act 2004.
This clause inserts a reference to
the Children and Young People Act 2008.
Clause 2.16 — Section
15 (2) (c) (v) (A)
For section 15(2)(c)(v)(A) this inserts a reference
to the Children and Young People Act 2008.
Part
2.6 — Crimes (Child Sex Offenders) Act 2005
This part amends the Crimes (Child Sex
Offenders) Act 2005.
Clause 2.17 — Section
124 (1) (e)
Section 124 provides for the definition of what is
child related employment for the Crimes (Child Sex Offenders) Act 2005 in
relation to registrable offenders prohibited from child related
employment.
This
clause amends the definition of child related employment involving contact with
a child in relation to attendance centres, institutions or shelters under the
Children and Young People Act 1999 and replaces this with a reference to
a detention place under the Children and Young People Bill
2008.
Part
2.7 — Evidence (Miscellaneous Provisions) Act 1991
This part amends the Evidence (Miscellaneous
Provisions) Act 1991.
Clause 2.18 — Section
16, definition of territory court, new paragraph (f)
Section 16 provides a definition of territory court
for part 3 (Use of audiovisual links and audio links) of the Evidence
(Miscellaneous Provisions) Act
1991.
This clause provides an
additional definition of territory court to mean a review officer under chapter
9 (conduct of disciplinary review) of the Children and Young People Bill
2008.
Part
2.8 — Food Act 2001
This part amends the Food Act
2001.
Clause 2.19 — Section
9 (1) (o) (i)
Section 9 provides a meaning of sell for the
Food Act 2001.
This clause
replaces the meaning of sell by substituting the selling of food to a
correctional centre or lockup, or an institution or shelter under the
Children and Young People Act 1999 with the selling of food to a
correctional centre or lockup, or a detention place under the Children and Young
People Bill 2008.
Part
2.9 — Human Rights Commission Act 2005
This part amends the Human Rights Commission Act
2005.
Clause 2.20 — Section
8A, example 3
Section 8A defines what is a service for children
and young people in the ACT under the Human Rights Commission Act
2005.
For
section 8A this clause updates example 3 to be a service provided in relation to
a shelter under the Children and Young People Act 1999 or a detention
place under the Children and Young People Bill 2008.
Part
2.10 — Juries Act 1967
This part amends the Juries Act
1967.
Clause 2.21 — Schedule
2, part 2.1, item 23
New schedule 2, part 2.1 replaces as exempt from
jury service an employee at a place declared to be an attendance centre,
institution or shelter under section 412 of the Children and Young People Act
1999 with an employee at a place declared to be a detention place under the
Children and Young People Bill 2008.
Part
2.11 — Legislation Act 2001
This part amends the Legislation Act
2001.
Clause 2.22 —
Dictionary, part 1, new definition of detention
place
This clause provides for a new
definition of detention place for the Legislation Act 2001, which is
outlined in section 141 of the Children and Young People Act 2008.
Part
2.12 — Listening Devices Act 1992
This part amends the Listening Devices Act
1992.
Clause 2.23 — New
section 3C
This clause provides for a new section in relation
to the application of the Listening Devices Act 1992 to detention places.
This clause provides that the Listening Devices Act 1992 does not apply to
listening to, recording, communication or publication of the
communication.
Part
2.13 — Public Advocate Act 2005
This part amends the Public Advocate Act
2005.
Clause 2.24 — Section
10 (j)
Section 10 outlines functions to be exercised by
the Public Advocate.
This clause updates
the functions by including those functions exercised by the Public Advocate
under both the Children and Young People Act 1999 and the Children and
Young People Act 2008.
Part
2.14 — Security Industry Regulation 2003
This part amends the Security Industry
Regulation 2003.
Clause 2.25 — Section
6 (3), definition of custodial officer, paragraphs (b) and (c)
Section 6 exempts certain persons (including
custodial officers) from the application of the Security Industry Regulation
2003 which provides for the licensing and regulation of people in the
security industry.
New section 6(3)
updates the exempt list by removing and substituting a youth detention officer
as defined under the Children and Young People Bill 2008. The section also
removes from the exempt list and substitutes a transfer escort (other than a
police officer) under the Children and Young People Bill
2008.
Schedule
3 —Consequential amendments—care and protection
chapters
Part
3.1 — Adoption Act 1993
This part amends the Adoption Act 1993.
Clause 3.1 — Section
17(2)(a)
Section 17 of the Adoption Act 1993 provides
for the appointment of a committee to review a decision of the Chief Executive
to refuse to include an applicant on the register of persons seeking the
placement of a child for the purpose of adoption.
For section 17(2)(a) this clause provides
that an authorised person under the Children and Young People Act 2008 is
not eligible to be part of the committee. Clause 26 of the Children and Young
People Bill 2008 clarifies that a person is an authorised person for the new Act
if the Chief Executive delegates a power under the Act or another Territory law,
to the person.
Clause 3.2 — Section
36(4)
Section 36 of the Adoption Act 1993 sets out
arrangements for guardianship pending adoption.
For section 36(4) this clause provides
that section 36 does not apply to a child for whom the Chief Executive has long
term care responsibility. This reflects changes to the concept of parental
responsibility for long—term care, welfare and development of a child or
young person under clause 20 of the Children and Young People Bill
2008.
Part
3.2 — Bail Act 1992
This part amends the Bail Act 1992.
Clause 3.3 —
Dictionary, definition of parental responsibility
This clause provides a new definition of parental
responsibility for the Bail Act 1992 to reflect changes to the concept of
parental responsibility outlined at division 1.3.2 of the Children and Young
People Bill 2008.
Part
3.3 — Charitable Collections Regulation 2003
This part amends the Charitable Collections
Regulation 2003.
Clause 3.4 —
Dictionary, definition of parental responsibility
The dictionary for the Charitable Collections
Regulation 2003 outlines a definition of parental responsibility for the
regulation.
This clause updates
the definition of parental responsibility to reflect changes to the concept of
parental responsibility outlined at division 1.3.2 of the Children and Young
People Bill 2008.
Part
3.4 — Children and Young People Act 1999
This part amends the Children and Young People
Act 1999.
Clause 3.5 — Section
15
This clause removes section 15 (Indigenous
placement principle) from the Children and Young People Act 1999. The
repeal of this section will occur with the commencement of clause S12 of the
Children and Young People Bill 2008.
Clause 3.6 — Part
2.3
This clause removes part 2.3 which relates to the
parental responsibility provisions from the Children and Young People Act
1999.
Clause 3.7 — Sections
29 to 33
This clause removes sections 29 to 33. The repeal
of section 29 (power to give and receive information) will occur with the
commencement of chapter 25 (information sharing and secrecy) of the Children and
Young People Bill 2008.
Sections 30 to 31
which relate the Chief Executive’s exercise of parental responsibility
will be repealed with the commencement of the care and protection
chapters.
Clause 3.8 — Sections
41 to 44
This clause removes sections 41 to 44 of the 1999
Act. These sections which relate to the official visitor, will be repealed with
the commencement of the official visitors scheme at part 2.3 of the new
Act.
Clause 3.9 — Chapters
7 and 8
This clause removes chapters 7 and 8 from the 1999
Act. These will be repealed with the commencement of the care and protection
chapters in the new Act.
Clause 3.10 —Sections
389 and 390
This clause removes sections 389 and 390 from the
1999 Act. The repeal of these sections occurs with the commencement of the care
and protection chapters.
Clause 3.11 —Sections
399 and 401
This clause removes sections 399 and 401 from the
1999 Act. The repeal of these sections occurs with the commencement of the care
and protection chapters.
Clause 3.12 —Section
402 and sections 404 to 406
This clause removes sections 399 and 402 and
sections 404 to 406 from the 1999 Act. Section 402, which relates to a standard
making power, will be repealed with commencement of the standard making power at
886 of the new Act.
Sections 404 to 406
are the secrecy provisions and will be repealed the commencement of chapter 25
in the new Act.
Part
3.5 — Civil Law (Property) Act 2006
This part amends the Civil Law (Property) Act
2006.
Clause 3.13 — Section
257 (2) (a)
Section 257 outlines the powers and duties of
guardians for the Civil Law (Property) Act 2006. It excludes the Chief
Executive who has long term care responsibility for a child under the
Children and Young People Act 1999.
This clause updates the section to reflect
changes to the concept of parental responsibility for the long—term care,
welfare and development of a child or young person as outlined at clause 20 of
the Children and Young People Bill 2008.
Part
3.6 — Court Procedures Rules 2006
This part amends the Court Procedures Rules
2006.
Clause 3.14 — Rule
3150, definition of Chief Executive
Rule 3150 provides general definitions
regarding adoption for the Court Procedures Rules
2006.
This clause amends the rule to
update the definition of Chief Executive under the Children and Young People
Act 1999 to mean the Chief Executive responsible for administering the new
Children and Young People Act 2008.
Clause 3.15 — Rule
6435 (2) (c) (i)
Rule 6435(2) provides for how a document is to be
served on a child if the child does not have a litigation guardian for the
proceeding.
This clause updates the
reference for an adult who has parental responsibility in the Children and
Young People Act 1999 with the new reference the Children and Young People
Bill 2008.
Part
3.7 — Crimes (Child Sex Offenders) Act 2005
This part amends the Crimes (Child Sex
Offenders) Act 2005.
Clause 3.16 —
Dictionary, definition of person with parental responsibility
This clause updates the dictionary by amending the
definition of person with parental responsibility to reflect changes to the
concept of parental responsibility for a child or young person under division
1.3.2 of the Children and Young People Bill 2008.
Part
3.8 — Crimes (Restorative Justice) Act 2004
This part amends the Crimes (Restorative
Justice) Act 2004.
Clause 3.17 — Section
11, definition of parent
Section 11 provides a definition of a parent of a
child for the Crimes (Restorative Justice) Act
2004.
This clause amends the
definition of parent to reflect changes to the concept of parental
responsibility for a child or young person under division 1.3.2 of the
Children and Young People Bill 2008.
Part
3.9 — Crimes (Sentence Administration) Act 2005
This part amends the Crimes (Sentence
Administration) Act 2005.
Clause 3.18 — Section
123 (5), definition of relevant person
Section 123 provides a definition of relevant
person in the context of the Sentence Administration Board seeking a
victim’s views for a parole inquiry under the Crimes (Sentence
Administration) Act 2005.
This clause
updates the definition of relevant person if the victim is a child under 15
years old. The relevant person is a person who has parental responsibility for
the victim. The update reflects changes to the concept of parental
responsibility as outlined at division 1.3.2 of the Children and Young
People Bill 2008.
Clause 3.19 — Section
133 (6), definition of relevant person
Section 133 provides for the Sentence
Administration Board to give notice of its decisions on parole applications for
the Crimes (Sentence Administration) Act 2005. It also provides for a
relevant person to make a submission to the Board if a victim of the offender is
a child under 15 years old.
This clause
updates the definition of relevant person if the victim is a child under 15
years old, as a person who has parental responsibility for the victim. The
update reflects changes to the concept of parental responsibility for a child or
young person as outlined at division 1.3.2 of the Children and Young
People Bill 2008.
Clause 3.20 — Section
292 (4) (a)
Section 292 provides for an inquiry into an
application for the release of an offender on licence and for the Sentence
Administration Board to seek the victim’s views on the
application.
This clause reflects changes
to the concept of parental responsibility for a child or young person as
outlined at division 1.3.2 of the Children and Young People Bill 2008.
Clause 3.21 — Section
298 (6)
Section 298 provides for a notice of an Executive
decision to grant, or refuse to grant, an offender a release on
licence.
This clause updates the
definition of person who has parental responsibility (the person who receives
the notice if a victim of the offender is a child under 15 years old) to reflect
changes to the concept of parental responsibility of a child or young person as
outlined at division 1.3.2 of the Children and Young People Bill
2008.
Part
3.10 — Crimes (Sentencing) Act 2005
This part amends the Crimes (Sentencing) Act
2005.
Clause 3.22 — Section
49 (2), definition of person who has parental responsibility
Section 49 outlines who may make victim impact
statements for this Act.
This clause
updates the definition for a person who has parental responsibility as a person
who may make a victim impact statement, to reflect changes to the concept of
parental responsibility for a child or young person as outlined at division
1.3.2 of the Children and Young People Bill 2008.
Part
3.11 — Domestic Violence and Protection Orders Act 2001
This part amends the Domestic Violence and
Protection Orders Act 2001.
Clause 3.23 — Section
32 (1) (a)
Section 32 provides for the relationship between
the Domestic Violence and Protection Orders Act 2001 and the Children
and Young People Act 1999 for orders
generally.
For section 32(1)(a) this
clause removes the reference to the Children and Young People Act 1999
and substitutes it with a reference to the Children and Young People Bill
2008.
Clause 3.24 — Section 32
(1) (b)
For section 32(1)(b) this
clause updates reference to the Children and Young People Bill 2008.
Clause
3.25 — Section 42A, definition of child facility, par (c) and
note
Section 42A, provides definitions
for workplace orders in the Domestic Violence and Protection Orders Act
2001.
For section 42A, this clause
updates the definition of a child facility to mean a place of care, a
therapeutic protection place, an office or other facility used by the Territory
under the Children and Young People Bill 2008.
For section 42A, this clause updates the
note for the definition of a child facility to clause 344 of the Children and
Young People Bill 2008.
Part
3.12 — Education Act 2004
This part amends the Education Act
2004.
Clause 3.26 — Section
6 (2)
Section 6 provides a meaning for parent and carer
for the Education Act 2004.
This
clause replaces the meaning of parent as a person having parental responsibility
under the Children and Young People Act 1999 with the concept of parental
responsibility outlined at division 1.3.2 of the Children and Young People Bill
2008.
Part
3.13 — Evidence (Miscellaneous Provisions) Act 1991
This part amends the Evidence (Miscellaneous
Provisions) Act 1991.
Clause 3.27 — Section
7 (d)
Section 7 provides for the evidence of children in
court proceedings for the Evidence (Miscellaneous Provisions) Act
1991.
This
clause replaces a proceeding under part 7.3 (Care and protection orders and
emergency action) of the Children and Young People Act 1999 with a
proceeding under the care and protection chapters of the Children and Young
People Bill 2008.
Part
3.14 — Food Act 2001
This part amends the Food Act
2001.
Clause 3.28 — Section
9 (1) (o) (i)
Section 9 provides a meaning of sell for the
Food Act 2001.
This clause
updates the meaning of sell by substituting the selling of food to a
correctional centre or lockup, or an institution or shelter under the
Children and Young People Act 1999 with the selling of food to a
correctional centre or lockup, or a detention place or a therapeutic protection
place under the Children and Young People Bill 2008.
Part
3.15 — Health Records (Privacy and Access) Act 1997
This part amends the Health Records (Privacy and
Access) Act 1997.
Clause 3.29 — Section
14A (a)
Section 14A prohibits access to a health record
relating to a complaint etc under the Children and Young People Act
1999.
For section 14A(a), this clause
updates the provision to prevent access to a health record that relates to a
child concern report, a prenatal report or care and protection report
information under the Children and Young People Bill
2008.
Clause 3.30 — Dictionary,
definition of guardian, paragraph
(a)
This clause updates the definition
of guardian for a young person in the Health Records (Privacy and Access) Act
1997 to a guardian or someone else with parental responsibility for a young
person as outlined at division 1.3.2 in the Children and Young People Bill
2008.
Part
3.16 — Human Rights Commission Act 2005
This part amends the Human Rights Commission Act
2005.
Clause 3.31 — Section
8A, example 3
Section 8A defines what is a service for children
and young people in the ACT for the purpose of the Human Rights Commission
Act
2005.
For
section 8A, this clause updates one of the examples of services for children,
young people and their carers to include a service that is provided in relation
to a detention place, therapeutic protection place or place of care under the
Children and Young People Bill 2008.
Clause 3.32 — Section
14 (1) (g)
Section 14(1) outlines the Human Rights
Commission’s functions that include referring to the public advocate
advocacy matters about individual children or young people for whom the Chief
Executive has parental responsibility under the Children and Young People Act
1999.
This clause replaces the
reference to the Children and Young People Act 1999 with a reference to
the Children and Young People Bill 2008.
Clause 3.33 — Section
51A (1) (b)
Section 51A(1) provides for the referral of
advocacy matters and specifically complaints that relate to a child or young
person for the Human Rights Commission Act 2005.
For section 51A(1)(b), this clause
updates the reference to the Children and Young People Act 1999 with a
reference to the Children and Young People Bill 2008.
Part
3.17 — Juries Act 1967
This part amends the Juries Act
1967.
Clause 3.34 — Schedule
2, part 2.1, item 19
Schedule 2, part 2.1 outlines a list of people who
are exempt from jury service, under this
Act.
New schedule 2, part 2.1 replaces as
exempt from jury service a public servant exercising the functions of a social
worker under chapter 2 of the Children and Young People Act 1999 with an
employee at a place declared to be a detention place, a place approved as a
place of care and a place declared to be a therapeutic protection place under
sections 141, 524 and 624 of the Children and Young People Act
2008.
Part
3.18 — Mental Health (Treatment and Care) Act 1994
This part amends the Mental Health (Treatment
and Care) Act 1994.
Clause 3.35 — Section
16 (1) (c)
Section 16 provides for mental health orders for an
assessment of a person under the Mental Health (Treatment and Care) Act
1994.
This clause updates references
to relevant orders in the 1999 Act, to relevant orders under the 2008
Act.
Clause 3.36 — Section
25 (1) (a)
Section 25 provides a requirement for the tribunal
to consult before making a mental health order in relation to a
child.
This clause updates the requirement
for the tribunal to consult with the people who have parental responsibility for
the child to reflect changes to the concept parental responsibility for a child
or young person as outlined at division 1.3.2 of the Children and Young People
Bill 2008.
Clause 3.37 — Section
70
Section 70 provides for an order from a court to
enable the tribunal to make recommendations about people with mental impairment.
This clause updates section 70 by removing reference to part 7.3 (care and
protection orders) of the Children and Young People Act
1999.
This clause introduces a new
section 70A that provides for recommendations about people with mental illness
or mental dysfunction. This section applies if a court makes a care and
protection order, interim care and protection order with a mental health
tribunal provision or interim therapeutic protection order under the Children
and Young People Act 2008.
Clause 3.38 — Section
71
This clause updates the reference to include new
section 70A created by clause 3.39
Clause 3.39 — Section
83A (2) (f)
Section 83A provides for when the tribunal must be
constituted by more members when making a recommendation about a
person.
This clause replaces reference to
making a recommendation about a person who has a mental impairment with a
reference to making a recommendation about a person with a mental impairment
(under section 70), mental illness or mental dysfunction (under new section 70A)
of the Mental Health (Treatment and Care) Act 1994.
Clause 3.40 —
Dictionary, definition of C&YP Chief Executive
The dictionary provides for a definition for the
C&YP Chief Executive meaning the Chief Executive responsible for
administering the Children and Young People Act
1999.
This clause updates the
definition with reference to the Chief Executive responsible for the Children
and Young People Act 2008.
Clause 3.41 —
Dictionary, new definition of care and protection order
This clause updates the dictionary for this Act by
including the definition of a care and protection order outlined in clause 421
of the Children and Young People Bill 2008.
Clause 3.42 —
Dictionary, new definitions
This clause adds definitions for the Mental
Health (Treatment and Care) Act 1994 to include definitions for an interim
care and protection order, an interim therapeutic protection order and a mental
health tribunal provision, under the Children and Young People Bill
2008.
Part
3.19 — Testamentary Guardianship Act 1984
This part amends the Testamentary Guardianship
Act 1984.
Clause 3.43 — Section
5 (2) (a)
Section 5 provides for the meaning of a guardian of
a child for the Testamentary Guardianship Act 1984 and excludes the Chief
Executive responsible for administering chapter 2 of the Children and Young
People Act 1999.
This clause replaces
the reference to the Chief Executive responsible for chapter 2 of the
Children and Young People Act 1999 with a reference to the Chief
Executive responsible for the Children and Young People Act
2008.
Part
3.20 — Tobacco Act 1927
This part amends the Tobacco Act
1927.
Clause 3.44 — Section
42E (2)
Section 42 provides for conditions in relation to
carrying out tobacco compliance testing. A young person may be used as a
purchase assistant in a compliance test only if there is informed consent from
at least one person who has parental responsibility under the Children and
Young People Act 1999.
This clause
amends the definition of a person who has parental responsibility and reflects
changes to the concept of parental responsibility outlined at division 1.3.2 of
the Children and Young People Bill 2008.
Clause 3.45 — Section
42E (2), note
This clause updates the note relating to 2 or more
people sharing parental responsibility for a young person under section 19(2) of
the Children and Young People Act 1999 and replaces this with a reference
to section 18(2) of the Children and Young People Bill 2008.
Part
3.21 — Victims of Crime (Financial Assistance) Act 1983
This part amends the Victims of Crime (Financial
Assistance) Act 1983.
Clause 3.46 —
Dictionary, definition of guardian
The dictionary provides a definition of guardian
for the Victims of Crime (Financial Assistance) Act 1983 and excludes the
Chief Executive responsible for administering the Children and Young People
Act 1999, chapter 2.
This clause
updates the definition of guardian by replacing the Children and Young People
Act 1999 with the Children and Young People Act 2008.
Schedule
4 — Consequential Amendments — remainder
Part
4.1 — Bail Act 1992
This part amends the Bail Act 1992.
Clause 4.1 — Section
9D(6)
Section 9D sets out conditions of bail for a
serious offence committed while a charge for another serious offence is pending
or outstanding.
This clause removes a note
from the definition of an outstanding charge that notes that found guilty of an
offence includes having an order made for the offence under section 98 of the
Children and Young People Act 1999 (Disposition without proceeding to
conviction).
Clause 4.2 — Section
23(1)(c)
This clause replaces the requirement for the court
or authorised officer to consider if the decision is being made by a court and a
report has been given to the court under Section 73 of the Children and Young
People Act 1999 with Section 74D, Court Procedures Act 2008 (Court may order
report about young person).
Clause 4.3 — New
section 25A
Section 25 outlines conditions that may be imposed
on a grant of bail to an adult.
This
clause provides for an agreement between Chief Executives for the supervision of
people aged 18 to under 21 years, who are granted bail for a juvenile
offence.
Clause 4.4 — Section
26 (2) (a)
Section 26(2) provides that a child may be required
while released on bail to accept supervision by the Chief Executive under
Chapter 6 (Young Offenders) of the Children and Young People Act
1999.
For
section 26(2)(a) this clause replaces a reference to Chapter 6 (Young Offenders)
of the Children and Young People Act 1999 with a reference to the
Children and Young People Bill 2008.
Part
4.2 — Charitable Collections Regulation 2003
This part amends the Charitable Collections
Regulation 2003.
Clause 4.5 — Section
10, note
Section 10 of the Charitable Collections
Regulation 2003 provides for statutory conditions relating to children
taking part in collections.
This clause
updates the note with the relevant provisions of the Children and Young People
Bill 2008 in relation to employment.
Part
4.3 — Confiscation of Criminal Assets Act 2003
This part amends the Confiscation of Criminal
Assets Act 2003.
Clause 4.6 — Section
15 (1) (c), note 1, 3rd dot point
Section 15(1) provides for the Confiscation of
Criminal Assets Act 2003 that a person is taken to be convicted of an
offence if found guilty of an
offence.
This clause removes references in
the explanatory note to an order made for the offence under the Children and
Young People Act 1999, section 98 (Disposition without proceeding to
conviction).
Clause 4.7 — Section
15 (1) (c), note 2
This clause removes note 2 that refers to how found
guilty of an offence is defined in the Legislation Act 2001,
dictionary, part 1.
Part
4.4 — Coroners Act 1997
This part amends the Coroners Act
1997.
Clause 4.8 — Section
3C (1) (b), new note 2
This clause updates the explanatory note for the
definition of a death in custody while performing work under a community service
condition of a good behaviour order, by adding a new note to allow for a
community service order under the Children and Young People Bill 2008.
Clause 4.9 — Section
3C (1) (c)
This clause removes the meaning of a death in
custody while performing work under a community service order under the
Children and Young People Act 1999.
Clause 4.10 — Section
3C (1) (f)
For section 3C(1)(f) this clause replaces the
meaning of death in custody while subject to an order under the Children and
Young People Act 1999 relating to the disposition of young offenders to mean
while subject to an accommodation order under the Crimes (Sentencing) Act
2005, section 133Z.
Clause 4.11 — Section
3C (4)
For section 3C(4) this clause updates the
section to refer to the new note at section 3C(1) (b).
Part
4.5 — Court Procedures Act 2004
This part amends the Court Procedures Act
2004.
Clause 4.12 — Section
15 (2) (c) (iv) (B)
Section 15 provides for the remission, refund,
deferral, waiver and exemption of fees for the Court Procedures Act
2004.
This clause removes the
reference to the Children and Young People Act 1999.
Clause 4.13 — Section
15 (2) (c) (v) (A)
For section 15(2)(c)(v)(A) this clause removes the
reference to the Children and Young People Act
1999.
Clause 4.14 — Section
41 (2) (a)
Section 41 provides for the
right of entry to court premises open to the public subject to other
Acts.
This clause replaces the proceedings
not open to the public provisions of the Children and Young People Act
1999 with the provisions relating to court proceedings involving children or
young people not open to the public in section 72 of the Court Procedures Act
2004.
Part
4.6 — Court Procedures Rules 2006
This part amends the Court Procedures Rules
2006.
Clause 4.15 — Rule 22
(1), note 2
Rule 22 provides for the application of rules to
civil proceedings generally.
This clause
amends the explanatory note that states that the Magistrates Court includes the
Childrens Court under section 53 of the Children and Young People Act
1999. The reference to the Children and Young People Act 1999 is
replaced with a reference to section 287 of the Magistrates Court Act
1930.
Clause 4.16 — Rule 275
(1), example
Rule 275 (1) provides for a person with a legal
disability in civil proceedings where only the person’s litigation
guardian may start proceedings, unless a territory law otherwise
provides.
This
clause amends the rule by updating the example of how a territory law can
provide an alternative to a litigation guardian by replacing the provision in
relation to children and young people in need of care and protection under the
Children and Young People Act 1999 with the provision in relation to a
child or young person in section 74E of the Court Procedures Act
1999.
Clause 4.17 — Rule
6000 (1) note 2
Rule 6000 provides for the application of general
rules for all proceedings under the Court Procedures Rules
2006.
This
clause amends the explanatory note that states that the Magistrates Court
includes the Childrens Court under section 53 of the Children and Young
People Act 1999. The reference to the Children and Young People Act
1999 is replaced by section 287 of the Magistrates Court Act
1930.
Part
4.7 — Crimes Act 1900
This part amends the Crimes Act
1900.
Clause 4.18 — Section
39 (4)
Section 39 provides for the neglect of children in
the context of offences against the person and how a child officer may act to
safeguard a child for the Crimes Act
1900.
This clause replaces the first
reference to child officer with reference to the Chief Executive responsible for
the Children and Young People Bill 2008.
Clause 4.19 — Section
39 (4)
This clause replaces the last mention of the title
child officer with the title Chief Executive.
Clause 4.20 — Section
39 (6), definition of child officer
This clause updates section 39(6) by removing the
definition of child officer for the Crimes Act 1900.
Part
4.8 — Crimes (Child Sex Offenders) Act 2005
This part amends the Crimes (Child Sex
Offenders) Act 2005.
Clause 4.21 — Section
7 (1) (d) (ii)
Section 7(1) provides for the meaning of finding of
guilt for the Crimes (Child Sex Offenders) Act
2005.
This clause removes the
reference to section 98 of the Children and Young People Act
1999.
Clause
4.22 — Section 7 (1) (d)
(iii)
This
clause amends the meaning of finding of guilt by removing the reference to
section 98 of the Children and Young People Act 1999.
Clause 4.23 — Section
9 (1) (a) (ii)
Section 9 outlines when a person is not a
registrable offender under the Crimes (Child Sex Offenders) Act
2005.
This clause removes the
reference to section 98 of the Children and Young People Act
1999.
Clause 4.24—4 —
Section 9 (1) (a) (iii)
This clause removes the reference to section
9(1)(a)(ii) which is removed by clause 4.24.
Clause 4.25 — Section
17 (2), definition of
sentence
Section 17 provides that a court may make a child
sex offender registration order in relation to a person for an offence only if
it imposes a sentence on the person for an
offence.
For the definition of sentence,
this clause replaces a reference to sections 96 or 98 of the Children and
Young People Act 1999 with a reference to sections 13, 17, 18, 19 or 27 of
the Crimes (Sentencing) Act 2005.
Clause 4.26 — Section
124 (2), definition of family day care
scheme
This clause amends the definition of child related
employment where it involves contact with a child in relation to a family day
care scheme under the Children and Young People Act 1999 by replacing it
with a family day care scheme under clause 733 of the Children and Young People
Bill 2008.
Clause 4.27 —
Dictionary, definition of community service order
Section 125 outlines when a person is considered to
be engaged in child related employment for the Crimes (Child Sex Offenders)
Act 2005.
This clause removes
reference to section 106 of the Children and Young People Act 1999.
Part
4.9 — Crimes (Child Sex Offenders) Regulation 2005
This part amends the Crimes (Sex Offenders)
Regulation 2005.
Clause 4.28 — Section
12 (1) (d) (i)
Section 12 provides for those entities that must
give a registrable offender a reporting obligations notice under the Crimes
(Sex Offenders) Regulation 2005.
This
clause updates a reference to the Children and Young People Act
2008.
Clause 4.29 — Section
20 (2)
Section 20 provides a definition of who is a
supervising authority for a registrable offender for the Crimes (Sex
Offenders) Regulation 2005.
This
clause updates a reference to the Children and Young People Act
2008.
Part
4.10 — Crimes (Restorative Justice) Act 2004
This part amends the Crimes (Restorative
Justice) Act 2004.
Clause 4.30 — Section
13, definition of sentence-related order
Section 13 provides a definition of a sentence
related order for an offender for the Crimes (Restorative Justice) Act
2004.
This
clause amends the definition of a sentence related order by removing references
to orders under section 96 (Disposition of young offenders) and section 98
(Disposition without proceeding to conviction) of the Children and Young
People Act 1999.
Clause 4.31 — Section
22 (2), definition of Chief Executive (children and young
people)
Section 22 allows referring entities to refer an
offence for restorative justice under the Crimes (Restorative Justice) Act
2004.
This
clause updates the definition of Chief Executive (children and young people) to
mean the Chief Executive of the administrative unit responsible for the Children
and Young People
Bill 2008.
Clause 4.32 — Section
22 (2), definition of Chief Executive (restorative justice), example
(definitions of all Chief Executives)
This clause updates the example that outlines
definitions of all Chief Executives as referring entities for restorative
justice by amending the definition for Chief Executive (children and young
people). This clause updates a reference to the Children and Young People Act
2008.
Part
4.11 — Crimes (Sentence Administration) Act 2005
Clause 4.33 — Section
217, definition of ACT sentence of
imprisonment
Section 217 provides for the definition of an ACT
sentence of imprisonment for the purposes of interstate transfer of prisoners
for the Crimes (Sentence Administration) Act
2005.
This clause removes from the
definition orders under the Children and Young People Act 1999 for the
committal of a child to an institution or state institution. This reflects
changes in sentencing law contemplated by the Children and Young People Bill
2008.
Part
4.12 — Crimes (Sentencing) Act 2005
This part amends the Crimes (Sentencing) Act
2005.
Clause 4.34 — Section
38
This clause replaces section 38 and updates the
provisions for sentences of imprisonment and uncompleted young offender orders
by amending the definition of young offender to be the dictionary definition
contained in the Children and Young People Bill 2008. The new section provides
for an adult offender if, at the time of sentencing, the adult is serving a
sentence that was imposed on the person as a young offender. The new section
provides for the court, in deciding the term of the sentence, to consider any
remaining period during which the sentence that was imposed on the person as a
young offender would remain in force if the previous sentence is not
discharged.
Clause 4.35 — Section
70 (2), definition of sentence of imprisonment
Section 70 provides for a sentence of imprisonment
(a primary sentence) imposed by a court on an offender for this
Act.
This clause amends the definition of
sentence of imprisonment to exclude any nonparole period that has been set for
the primary sentence.
Part
4.13 — Drugs of Dependence Act 1989
This part amends the Drugs of Dependence Act
1989.
Clause 4.36 — Section
121, definition of responsible officer, paragraph (a)
Section 121 provides for definitions relating to
treatment for the Drugs of Dependence Act
1989.
This clause updates the
definition of a responsible officer in relation to an offender who is under 18
years old to the Chief Executive of the administrative unit responsible for the
Children and Young People Bill 2008.
Part
4.14 — Education Act 2004
This part amends the Education Act
2004.
Clause 4.37 — Section
6 (3)
New section 6 (3) substitutes the meaning of carer
under the Children and Young People Act 1999 with the meaning of a carer
as an out of home carer under section 507 of the Children and Young People Bill
2008.
Clause 4.38— Section
13 (2), new note
Section 13 provides for employment of children
under school—leaving age.
New
section 13(2) updates the section by adding a note that the provisions regarding
the employment of children and young people in chapter 21 of the Children and
Young People Bill 2008 is subject to this section.
Part
4.15 — Evidence (Miscellaneous Provisions) Act 1991
This part amends the Evidence (Miscellaneous
Provisions) Act 1991.
Clause 4.39 — Section
74 (2) (b)
Section 74 provides for family objections in
relation to a criminal proceeding but excludes the offences against the children
and young people employment provisions in sections 374, 375 and 376 of the
Children and Young People Act
1999.
This clause updates this
exclusion by replacing the children and young people employment provisions in
the Children and Young People Act 1999 with the child or young person
employment provisions in section 788, 790, 802 and 803 of the Children and Young
People Bill 2008.
Part
4.16 — Hawkers Act 2003
This part amends the Hawkers Act
2003.
Clause 4.40 — Section 4
(d)
Section 4 outlines conduct that is
excluded from and does not apply to the Hawkers Act
2003.
This clause replaces as excluded
conduct the sale, delivery or distribution of newspapers by a child under
chapter 10 of the Children and Young People Act 1999 with the sale,
delivery or distribution of newspapers by a child or young person that is light
work under section 792 (What is light work?) of the Children and Young People
Bill 2008.
Part
4.17 — Juries Act 1967
This part amends the Juries Act
1967.
Clause 4.41 — Schedule
2, part 2.1, item 20
Schedule 2, part 2.1 provides a list of people who
are exempt from jury service.
New schedule
2, part 2.1 removes as exempt from jury service a public servant holding a
delegation under the Children and Young People Act 1999, section 34 whose
principal function is to direct and control the provision of youth justice
services in the ACT.
Part
4.18 — Legislation Act 2001
This part amends the Legislation Act
2001.
Clause 4.42 —
Dictionary, definition of Childrens Court
The dictionary provides a definition of the
Childrens Court for the Legislation Act
2001.
This clause updates the
definition by replacing the reference to section 53 of the Children and Young
People Act 1999 with section 287 of the Magistrates Court Act 1930.
Clause 4.43 —
Dictionary, definition of found guilty, paragraph (c)
The dictionary definition of found guilty of an
offence for the Legislation Act 2001 includes having an order made for
the offence under section 98 (Disposition without proceeding to conviction) of
the Children and Young People Act
1999.
This clause updates the
definition by removing this provision under section 98 of the Children and
Young People Act 1999.
Part
4.19 — Mental Health (Treatment and Care) Act 1994
This part amends the Mental Health (Treatment
and Care) Act 1994.
Clause 4.44 — Section
16 (1) (d)
This clause updates the requirement to submit to
the jurisdiction of the tribunal by removing the requirement under an order
under chapter 6 (Young offenders) of the Children and Young People Act
1999.
Clause 4.45 — Section
70 (1) (b)
This clause removes reference to part 6.2 of the
Child of the Children and Young People Act 1999.
Clause 4.46 — Section
90 (5) (e) (except the note)
Section 90 provides for a summons to appear in
person before the tribunal and for the person to be accompanied by a copy of any
order under part 6.2 or part 7.3 of the Children and Young People Act
1999.
This clause updates a reference
to the Children and Young People Act 2008.
Clause 4.47 —
Dictionary, definition of C&YP Act
The dictionary provides for a definition of the
C&YP Act to be the Children and Young People Act
1999.
This clause replaces the
Children and Young People Act 1999 with the Children and Young People
Bill 2008.
Clause 4.48 —
Dictionary, definition of offender with a mental impairment
The dictionary provides a definition of an offender
with a mental impairment.
This clause
removes the reference to part 6.2 (Young offenders) of the Children and Young
People Act 1999.
Clause 4.49 —
Dictionary, definition of referring officer, paragraph (b)
The dictionary provides a definition of a referring
officer in relation to a person.
This
clause updates the definition of referring officer by removing the meaning of
referring officer in relation to a child.
Clause 4.50 —
Dictionary, definition of referring officer, paragraph (d), note
The dictionary provides for a referring officer to
be the Chief Executive who may be required to supervise a child under chapter 6
(Young Offenders) of the Children and Young People Act 1999.
This clause updates the definition of
referring officer by replacing the reference to the Children and Young People
Act 1999 with the Children and Young People Bill 2008.
Part
4.20 — Public Advocate Act 2005
This part amends the Public Advocate Act
2005.
Clause 4.51 — Section
10 (j)
Section 10 provides for those functions to be
exercised by the Public Advocate.
This
clause removes references to functions exercised by the Public Advocate under
the Children and Young People Act 1999.
Part
4.21 — Public Health Regulation 2000
This part amends the Public Health Regulation
2000.
Clause 4.52 — Section
2, note 1
Section 2 provides for an explanation as to how
certain terms and references are used in the Public Health Regulation
2000.
This
clause updates the explanatory note to reflect the updated definition of
childcare centre in clause 732 of the Children and Young People Bill
2008.
Clause 4.53 —
Dictionary, definition of child-care centre
The dictionary provides for a definition of
childcare centre for the Public Health Regulation
2000.
This clause updates the
definition of childcare centre to reflect the updated definition of childcare
centre in clause 732 of the Children and Young People Bill
2008.
Clause 4.54 — Further
amendments, mentions of child-care
This clause updates all mentions of the term
childcare in the Public Health Regulation 2000 by replacing it with the
term childcare.
Part
4.22 — Victims of Crime (Financial Assistance) Act 1983
This part amends the Victims of Crime (Financial
Assistance) Act 1983.
Clause 4.55 — Section
66 (2) (a) (ii)
Section 66 provides for the types of offences to
which a compensation levy applies for the Victims of Crime (Financial
Assistance) Act 1983. The levy does not apply to an offence in relation to
which a reparation order is made under section 96 (Disposition of young
offenders) of the Children and Young People Act
1999.
This clause removes the
reference to the Children and Young People Act 1999.
Schedule
5 Legislation repealed
This schedule provides for the repeal of the
Children and Young People Act 1999 and associated instruments.
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