CHILDREN AND YOUNG PEOPLE ACT 2008
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--INTRODUCTION
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Application of Act to children and young people etc
PART 1.2--OBJECTS, PRINCIPLES AND CONSIDERATIONS
- 7 Main objects of Act
- 8 Best interests of children and young people paramount
- 9 Principles applying to Act
- 10 Aboriginal and Torres Strait Islander children and young people
PART 1.3--IMPORTANT CONCEPTS
Division 1.3.1--Definitions
Division 1.3.2--Parental responsibility
CHAPTER 2--ADMINISTRATION
PART 2.1--DIRECTOR-GENERAL
- 22 Director-general's functions
- 23 Director-general instructions
- 24 Ministerial directions to director-general
- 25 Director-general may ask for assistance, etc
- 26 Director-general must give identity cards
PART 2.2--CHILDREN AND YOUTH SERVICES COUNCIL
- 27 Establishment of council
- 28 Council members
PART 2.3--OFFICIAL VISITORS
- 37 Meaning of entitled person and visitable place
- 38 Appointment of official visitors—additional suitability
- 39 Request for sensitive information by official visitors
PART 2.4--SUITABLE ENTITIES FOR PURPOSES UNDER ACT
CHAPTER 3--FAMILY GROUP CONFERENCES
PART 3.1--FAMILY GROUP CONFERENCES--GENERAL
PART 3.2--FAMILY GROUP CONFERENCES--FACILITATORS
PART 3.3--FAMILY GROUP CONFERENCES--ARRANGEMENT AND CONDUCT
CHAPTER 4--CHILDREN AND YOUNG PEOPLE AND CRIMINAL MATTERS—GENERAL
- 91 What are the criminal matters chapters?
- 92 Overview of the criminal matters chapters
- 93 Application of criminal matters chapters generally
- 94 Youth justice principles
- 95 Who is a young detainee?
- 96 Who is a youth detention officer?
- 97 Treating doctors—health service appointments
- 98 Health practitioners—non-treating functions
- 99 Transporting young detainees to and from court—young detainees to be kept separate from
- 100 Detaining young detainees at court—young detainees to be kept separate from adult
CHAPTER 5--CRIMINAL MATTERS—TRANSFERS
PART 5.1--TRANSFERS WITHIN ACT
Division 5.1.1--Transfers within ACT—general
- 101 Directions to escort officers
- 102 Orders to bring young detainee before court etc
Division 5.1.2--Escorting young detainees etc
- 103 Arrangements for escorting people
- 104 Escort officer functions etc
- 105 Escorting arrested person to court etc
- 106 Custody etc during proceedings
- 107 Executing warrants of commitment or remand etc
- 108 Other powers not limited
Division 5.1.3--Transfers to health facilities
- 109 Transfers to health facilities
- 109A Transfer to mental health facility—notice of change in status
Division 5.1.4--Transfers of young detainees who become adults
- 110 Application—div 5.1.4
- 111 Transfers to correctional centres—under 21 years old
- 112 Transfers to correctional centres—21 year olds
Division 5.1.5--Notifying people of transfers
- 113 Transfer—notifying people responsible for or nominated by young detainees
PART 5.2--INTERSTATE TRANSFERS
Division 5.2.1--Interstate transfer generally
- 114 Definitions—pt 5.2
- 115 General agreements with other jurisdictions
- 116 Transfer arrangements—general
- 117 Power to arrange for transfers
- 118 Transfer arrangements—facilities must be adequate
- 119 Transfer arrangements—content
- 120 Custody of person on transfer order
- 121 Custody pending interstate transfer
- 122 Transfer to ACT in custody of transfer escort
- 123 Powers of transfer escorts
- 124 Offence—escapes during transfer
Division 5.2.2--Transfer of sentence or order
- 125 Transfer from ACT of sentence or order
- 126 Transfer to ACT of sentence or order
Division 5.2.3--Transit through ACT
- 127 Director-general may receive young offenders
- 128 Lawful custody for transit through ACT
- 129 Escapees may be apprehended without warrant
- 130 Escapees to be brought before magistrate
- 131 Court may arrange transfer of apprehended escapees
- 132 Search warrants for escapees
Division 5.2.4--Revocation of transfer orders
- 133 Revocation of transfer order—offence during transfer
- 134 Revocation of transfer order by director-general
- 135 Director-general may consider reports etc
CHAPTER 6--CRIMINAL MATTERS—DETENTION PLACES
PART 6.1--DETENTION PLACES--GENERAL
- 136 Application—ch 6
- 137 Definitions—ch 6
- 138 Treatment of young detainees generally
- 139 Treatment of young remandees
- 140 Treatment of certain young detainees
- 141 Detention places—minimum living conditions
PART 6.2--ADMINISTRATION
Division 6.2.1--Administration—general
- 142 Detention places—declaration
- 143 Youth detention policies and operating procedures
- 144 Exclusion of matters from notified youth detention policies etc
- 145 Copies of Act, policies etc to be available for inspection at detention
- 146 Director-general directions
- 147 Prohibited areas
- 148 Prohibited things
- 149 Declaration of emergency
- 150 Emergency powers
- 151 Arrangements with police
- 152 Assistance from other directors-general
PART 6.3--ACCESS TO AND INSPECTION OF DETENTION PLACES
- 153 Inspections by judicial officers and Assembly members
- 153A Access to detention places
- 154 Relationship with other inspection laws
PART 6.4--ADMISSION TO DETENTION PLACES
- 155 Meaning of admission—pt 6.4
- 156 Authority for detention
- 157 Detention—notifying people responsible for or nominated by young detainees
- 158 Identification of young detainees
- 159 Information—entitlements and obligations
- 160 Initial assessment
- 161 Health assessment
- 162 Alcohol and drug tests on admission
- 163 Security classification
- 164 Case management plan
- 165 Entries in register of young detainees
- 166 Requirements and considerations about placement and separation of young
PART 6.5--LIVING CONDITIONS AT DETENTION PLACES
- 167 Food and drink
- 168 Clothing
- 169 Personal hygiene
- 170 Sleeping areas
- 171 Treatment of convicted and non-convicted young detainees
- 172 Access to open air and exercise
- 173 Communication with family and others
- 174 Telephone calls
- 175 Mail
- 176 News and education
- 177 Visits by family members etc
- 178 Contact with accredited people
- 179 Visits—protected communications
- 180 Health care
- 181 Director-general's consent to medical treatment for young detainees
- 182 Injury etc—notifying people responsible for or nominated by young
- 183 Religious, spiritual and cultural needs
PART 6.6--MANAGEMENT AND SECURITY
Division 6.6.1--Management and security—general
- 184 Compliance with director-general's directions
- 185 Register of young detainees
- 186 Health reports
- 187 Use of medicines
- 188 Case management plans—scope etc
- 189 Transgender and intersex young detainees—sexual identity
- 190 Security classification—basis etc
- 191 Property of young detainees
- 192 Possession of prohibited things
- 193 Mandatory reporting of threats to security etc at detention place
- 194 Trust accounts of young detainees
- 195 Register of searches and uses of force
Division 6.6.2--Monitoring
- 196 Disapplication of Listening Devices Act
- 197 Monitoring—general considerations
- 198 Notice of monitoring
- 199 Monitoring at detention places
- 200 Monitoring telephone calls etc
- 201 Monitoring ordinary mail
- 202 Monitoring protected mail
- 203 Mail searches—consequences
Division 6.6.3--Segregation
Subdivision 6.6.3.1--General
- 204 Definitions—div 6.6.3
- 205 Purpose of segregation under div 6.6.3
- 206 Segregation not to affect minimum living conditions
- 207 Notice of segregation directions—safe room and other
Subdivision 6.6.3.2--Safe room segregation
- 208 Designation of safe rooms
- 209 Segregation—safe room
- 210 Safe room segregation directions—privacy
- 211 Review of safe room segregation directions
Subdivision 6.6.3.3--Other segregation
- 212 Segregation—safety and security
- 213 Segregation—protective custody
- 214 Segregation—health etc
- 215 Interstate segregated detainees transferred to ACT
Subdivision 6.6.3.4--Review of certain segregation directions
- 216 Meaning of segregation direction—subdiv 6.6.3.4
- 217 Internal review of segregation directions
- 218 End of segregation directions
- 219 Application for review of segregation directions
- 220 External review of segregation directions
- 221 Notice of decision about segregation direction
Subdivision 6.6.3.5--Register of segregation directions
- 222 Register of segregation directions
Division 6.6.4--Use of force
- 223 Managing use of force
- 224 Authority to use force
- 225 Application of force
- 226 Use of restraint
- 227 Monthly reports about use of force
Division 6.6.5--Access to detention places
- 228 Visiting conditions
- 229 Notice of visiting conditions
- 230 Taking prohibited things etc into detention place
- 231 Directions to visitors
- 232 Directions to leave detention place etc
- 233 Removing people from detention place
Division 6.6.6--Maintenance of family relationships
- 234 Director-general may allow young child to stay with young detainee
PART 6.7--ALCOHOL AND DRUG TESTING
Division 6.7.1--General
- 235 Definitions—pt 6.7
- 236 Positive test samples
Division 6.7.2--Alcohol and drug testing—detainees
- 237 Alcohol and drug testing of young detainees
- 238 Effect of positive test sample by young detainee
Division 6.7.3--Alcohol and drug testing—youth detention officers
- 239 Alcohol and drug testing of youth detention officers
PART 6.8--YOUNG DETAINEES--LEAVE
Division 6.8.1--Local leave
- 240 Local leave directions
- 241 Local leave permits
Division 6.8.2--Interstate leave
- 242 Interstate leave permits
- 243 Effect of interstate leave permit
- 244 Powers of escort officers
Division 6.8.3--Leave—miscellaneous
- 245 Lawful temporary absence from detention place
CHAPTER 7--CRIMINAL MATTERS—SEARCH AND SEIZURE AT DETENTION PLACES
PART 7.1--PRELIMINARY--CH 7
- 246 Definitions—ch 7
- 247 Relationship with other laws
PART 7.2--SEARCHES GENERALLY
- 248 Searches—intrusiveness
- 249 Searches—use of search dog
- 250 Searches—transgender and intersex young detainees
- 251 Notice of strip and body searches—person responsible for or nominated by young
PART 7.4--STRIP SEARCHES--YOUNG DETAINEES
PART 7.5--BODY SEARCHES--YOUNG DETAINEES
PART 7.6--SEARCHING PEOPLE OTHER THAN DETAINEES
- 274 Searches of people other than detainees
PART 7.7--SEARCHES OF PREMISES AND PROPERTY
- 275 Searches—premises and property generally
- 276 Searches of young detainee cells—privileged material
- 277 Searches of young detainee cells—suspected privileged material
PART 7.8--SEARCHES--USE OF FORCE
- 278 Searches—use of force
PART 7.9--SEIZING PROPERTY
- 279 Meaning of owner—pt 7.9
- 280 Seizing mail etc
- 281 Seizing property—general
- 282 Notice of seizure
- 283 Forfeiture of things seized
- 284 Return of things seized but not forfeited
CHAPTER 8--CRIMINAL MATTERS—DISCIPLINE AT DETENTION PLACES
PART 8.1--DISCIPLINE AT DETENTION PLACES--GENERAL
- 285 Application—ch 8
- 286 Definitions—ch 8
- 287 Meaning of behaviour breach
- 288 Meaning of minor behaviour breach
- 289 Meaning of privilege
- 290 Overlapping behaviour breaches and criminal offences
PART 8.2--RESPONDING TO BEHAVIOUR BREACHES
- 291 Who is an investigator?
- 292 Appointment of investigators
- 293 Report etc by youth detention officer
- 294 Reporting and investigation procedures
- 295 Action by administrator
- 296 Disciplinary charge
PART 8.3--DEALING WITH MINOR BEHAVIOUR BREACHES
- 297 Behaviour management framework
- 298 Behaviour management framework—behaviour management
- 299 Behaviour management framework—limits
PART 8.4--DISCIPLINARY ACTION--BEHAVIOUR BREACH CHARGE
Division 8.4.1--Disciplinary action by administrator
Division 8.4.2--Internal review
- 303 Meaning of review officer—div 8.4.2
- 304 Right to contact support person—internal review
- 305 Application for internal review
- 306 Internal review of charge
- 307 Review officer's powers after internal review
Division 8.4.3--External review of internal review decisions
- 308 Meaning of external reviewer—div 8.4.3
- 309 Appointment of external reviewers
- 310 Right to contact support person—external review
- 311 Application for external review
- 312 External review of charge
- 313 Refusal to review
- 314 External reviewer's powers after external review
Division 8.4.4--Disciplinary action generally
- 315 Application—div 8.4.4
- 316 Meaning of relevant presiding officer—div 8.4.4
- 317 Disciplinary action by relevant presiding officer
- 318 Disciplinary action—behaviour management consequences
- 319 Maximum behaviour management consequences
- 320 Privileges and entitlements—impact of discipline
CHAPTER 9--CRIMINAL MATTERS—CONDUCT OF DISCIPLINARY REVIEWS
PART 9.1--CONDUCT OF DISCIPLINARY REVIEW--GENERAL
- 321 Application—ch 9
- 322 Definitions—ch 9
PART 9.2--DISCIPLINARY REVIEW PROCEDURES
- 323 Nature of disciplinary reviews
- 324 Notice of disciplinary review etc
- 325 Conduct of disciplinary reviews
- 326 Review officer may require official reports
- 327 Review officer may require information and documents
- 328 Possession of review documents etc
- 329 Record of review
PART 9.3--DISCIPLINARY HEARING PROCEDURES
- 330 Notice of disciplinary hearing
- 331 Review officer's powers at review
- 332 Rights of accused detainee at disciplinary hearing
- 333 Exclusion of accused detainee from hearing
- 334 Hearing in accused detainee's absence
- 335 Appearance at disciplinary hearing by audiovisual or audio link
CHAPTER 10--CARE AND PROTECTION—GENERAL
PART 10.1--APPLICATION OF CARE AND PROTECTION CHAPTERS
- 336 What are the care and protection chapters?
- 337 Age—proof of age to be sought before action taken
- 338 Age—application of care and protection chapters if no proof of age
- 339 Age—care and protection chapters stop applying if person discovered to be
- 340 Care and protection chapters stop applying when young person becomes
PART 10.2--IMPORTANT CONCEPTS--CARE AND PROTECTION CHAPTERS
PART 10.3--PRINCIPLES AND CONSIDERATIONS--CARE AND PROTECTION CHAPTERS
PART 10.4--APPROVED CARE AND PROTECTION ORGANISATIONS
--Division 10.4.1 Important concepts
- 352A Meaning of organisation
- 352B Meaning of care and protection purpose
- 352C Meaning of approved care and protection organisation
- 352D Meaning of responsible person for an approved care and protection
--Division 10.4.2 Approved care and protection organisations—ongoing suitability
- 352E Approved care and protection organisations—responsible person
- 352F Approved care and protection organisations—monitoring
--Division 10.4.3 Approved care and protection organisations—complaints
- 352G Meaning of noncompliant
- 352H Complaints—making a complaint
- 352I Complaints—withdrawing a complaint
- 352J Complaints—further information or verification
- 352K Complaints—investigation
- 352L Complaints—no further action
- 352M Complaints—action after investigation
--Division 10.4.4 Approved care and protection organisations—intervention
- 352N Intervention—noncompliance notice
- 352O Intervention—noncompliance direction
- 352P Intervention—suspension if child or young person unsafe
- 352Q Intervention—intention to cancel notice
- 352R Intervention—cancellation
- 352S Intervention—cancellation notice
- 352T Intervention—guidelines
--Division 10.4.5 Approved care and protection organisations—surrendering approval
- 352U Surrendering approval
--Division 10.4.6 Approved care and protection organisations register
- 352V Approved care and protection organisations register
CHAPTER 11--CARE AND PROTECTION—REPORTING, INVESTIGATING AND APPRAISING ABUSE AND NEGLECT
PART 11.1--CARE AND PROTECTION--REPORTING ABUSE AND NEGLECT
Division 11.1.1--Definitions
Division 11.1.2--Reporting abuse and neglect of children and young people
- 354 Voluntary reporting of abuse and neglect
- 355 Offence—false or misleading voluntary report
- 356 Offence—mandatory reporting of abuse
- 357 Mandatory reporting—exceptions
- 358 Offence—false or misleading mandatory report
- 359 Reports made to public advocate or Aboriginal and Torres Strait Islander children and
- 360 Director-general to act on child concern report
- 361 Director-general action on child protection report
Division 11.1.3--Prenatal reporting of anticipated abuse and neglect
PART 11.2--CARE AND PROTECTION--APPRAISALS
Division 11.2.1--Definitions
Division 11.2.2--Appraisal by director-general
Division 11.2.3--Appraisal orders
- 372 What is an appraisal order?
- 373 What is a temporary parental responsibility provision?
- 374 Offence—contravene appraisal order
- 375 Appraisal orders—prevails over care and protection orders
- 376 Appraisal orders—application by director-general
- 377 Appraisal orders—urgent applications
- 378 Appraisal orders—application to state grounds
- 379 Appraisal orders—who must be given application
- 380 Appraisal orders—court to consider application promptly
- 381 Appraisal orders—no interim orders
- 382 Appraisal orders—criteria for making
- 383 Appraisal orders—different provisions and requirements
- 384 Appraisal orders—length
- 385 Appraisal orders—extension application
- 386 Appraisal orders—who must be given extension application?
- 387 Appraisal orders—court to consider extension application
- 388 Appraisal orders—criteria for extension
CHAPTER 12--CARE AND PROTECTION—VOLUNTARY AGREEMENTS TO TRANSFER OR SHARE PARENTAL RESPONSIBILITY
PART 12.1--DEFINITIONS
- 389 Definitions—Act and ch 12
PART 12.3--VOLUNTARY AGREEMENT TO SHARE PARENTAL RESPONSIBILITY WITH DIRECTOR-GENERAL
CHAPTER 13--CARE AND PROTECTION AND THERAPEUTIC PROTECTION—EMERGENCY SITUATIONS
PART 13.1--EMERGENCY ACTION
PART 13.2--EMERGENCY ACTION RELEASE ORDERS
CHAPTER 14--CARE AND PROTECTION—CARE AND PROTECTION ORDERS
PART 14.1--PRELIMINARY
PART 14.3--INTERIM CARE AND PROTECTION MATTERS
Division 14.3.1--General
- 431 Interim matters—Court action before adjournment
- 432 Interim matters—court-ordered meeting
Division 14.3.3--Assessment orders
- 436 What is an assessment order?
- 437 Care and protection assessment—terms of reference for care and protection
- 438 Care and protection assessment—authorisation of assessors
- 439 Care and protection assessment—report after making
- 440 Offence—contravene assessment order
- 441 Assessment orders—prevails over care and protection order
- 442 Assessment orders—on application or court's own initiative
- 443 Assessment orders—application by party
- 444 Assessment orders—application to state grounds
- 445 Assessment orders—who must be given application
- 446 Assessment orders—court to consider application promptly
- 447 Assessment orders—no interim order
- 448 Assessment orders—criteria for making
- 449 Assessment orders—length
- 450 Assessment orders—extension application
- 451 Assessment orders—extension application must state grounds
- 452 Assessment orders—who must be given extension application?
- 453 Assessment orders—court to consider extension application
- 454 Assessment orders—criteria for extension
Division 14.3.4--Care plans
Division 14.3.5--Protection orders
- 458 Definitions—div 14.3.5
- 459 Childrens Court may make or amend protection orders
- 460 Effect of making protection order under this Act
PART 14.6--PARENTAL RESPONSIBILITY PROVISIONS
Division 14.6.1--General
PART 14.7--RESIDENCE PROVISIONS
PART 14.10--SUPERVISION PROVISIONS
PART 14.11--ACAT MENTAL HEALTH PROVISIONS
PART 14.12--SPECIFIC ISSUES PROVISIONS
- 492A Definitions—pt 14.13
- 493 What is a reviewable care and protection order?
- 494 What is an annual review report?
- 495 Annual review report—prepared at least annually
- 496 Annual review report—consultation
- 497 Annual review report—must be given to certain people
- 498 Annual review report—application for waiver of obligation to give report to
- 499 Annual review report—waiver of obligation to give annual review report to
- 500 Annual review report—public advocate may require director-general to give annual
- 501 Annual review report—extension of care and protection order
CHAPTER 15--CARE AND PROTECTION—DIRECTOR-GENERAL HAS ASPECT OF PARENTAL RESPONSIBILITY
PART 15.1--GENERAL
- 502 Definitions—Act
- 503 Director-general may provide assistance
PART 15.2--DIRECTOR-GENERAL HAS LONG-TERM CARE RESPONSIBILITY
- 504 Director-general sharing long-term care responsibility
- 505 Director-general must consult about long-term care
PART 15.3--DIRECTOR-GENERAL HAS DAILY CARE RESPONSIBILITY
- 506 Pt 15.3 applies to care and protection chapters
- 507 Public advocate etc to be told about action following appraisals
PART 15.4--OUT-OF-HOME CARERS
Division 15.4.1--Placement with out-of-home carer
- 508 Who is an out-of-home carer?
- 512 Director-general must place child or young person with out-of-home carer
- 513 Priorities for placement with out-of-home carer—Aboriginal or Torres Strait Islander
- 514 Residential care service may accommodate child or young person at place of
Division 15.4.1A--Approval of carers
- 514A Approved carers—individual may apply
- 514B Approved carers—director-general may approve
- 514C Approved carers—criteria for approval
- 514D Approved carers—further information, references etc
- 514E Approved carers—expiry and renewal of approvals
- 514EA Approved carers—revocation of approval
- 514F Offence—ongoing duty to update information
Division 15.4.2--Authorisation of out-of-home carers and approval of places of care
- 516 Kinship carer—specific parental authority
- 518 Foster carer—specific parental authority
- 520 Residential care service—general parental authority
- 521 Out-of-home carer must be given copy of authorisation and any relevant court
- 524 Revocation of residential care service's authorisation
- 525 Approval of places of care
Division 15.4.3--Information and items to be kept by foster carers and residential care services
CHAPTER 16--CARE AND PROTECTION—THERAPEUTIC PROTECTION OF CHILDREN AND YOUNG PEOPLE
PART 16.1--PRELIMINARY
PART 16.2--THERAPEUTIC PROTECTION ORDERS
Division 16.2.1--Definitions—Act and pt 16.2
PART 16.3--CHILDREN AND YOUNG PEOPLE IN THERAPEUTIC PROTECTION
Division 16.3.1--Preliminary
Division 16.3.2--Supervision
- 574 Therapeutic protection—supervision
- 575 Therapeutic protection—escort outside therapeutic protection
Division 16.3.3--Visits by accredited people
- 576 Who is an accredited person?
- 577 Therapeutic protection—visits by accredited people must be
- 578 Therapeutic protection—visits by accredited people
Division 16.3.4--Use of force
- 579 Therapeutic protection—managing use of force
- 580 Therapeutic protection—authorised use of force
- 581 Therapeutic protection—application of force
- 582 Therapeutic protection—medical examination after use of force
- 583 Therapeutic protection—monthly reports about use of force
Division 16.3.5--Searches
Subdivision 16.3.5.1--Application and definitions—div 16.3.5
- 619 Application—div 16.3.6
- 620 Seizing property—who is the owner?
- 621 Seizing property—dangerous things may be seized
- 622 Seized property—must tell owner
- 623 Seized property—forfeiture
- 624 Seized property—return
PART 16.4--THERAPEUTIC PROTECTION--ADMINISTRATION
Division 16.4.1--Therapeutic protection places
Division 16.4.2--Therapeutic protection plan
Division 16.4.3--Non-treating health practitioners
- 632 Health practitioners—non-treating functions
Division 16.4.4--Therapeutic protection register
CHAPTER 17--CARE AND PROTECTION—INTERSTATE TRANSFER OF ORDERS AND PROCEEDINGS
PART 17.1--PRELIMINARY
PART 17.2--INTERSTATE TRANSFER OF ACT CHILD WELFARE ORDERS
Division 17.2.1--Transfers of orders by director-general
- 643 Director-general may transfer child welfare order
- 644 Director-general transfer—considerations
- 645 Director-general transfer—certain people must agree
- 646 Director-general transfer—certain people must be told
- 647 Director-general transfer—limited time for review
Division 17.2.2--Transfer of orders by Childrens Court
Division 17.2.3--Interstate registration of ACT orders
- 655 Interstate registration of ACT orders—effect
- 656 Interstate registration of ACT orders—revocation
- 657 Interstate registration of ACT orders—Childrens Court file
PART 17.3--INTERSTATE TRANSFER OF ACT CHILD WELFARE PROCEEDINGS
- 658 Transfer of ACT proceedings—applications
- 659 Transfer of ACT proceedings—criteria
- 660 Transfer of ACT proceedings—considerations
- 661 Transfer of ACT proceedings—interim orders
- 662 Transfer of ACT proceedings—appeal applications
- 663 Transfer of ACT proceedings—appeals
- 664 Transfer of ACT proceedings—revocation of registration
- 665 Transfer of ACT proceedings—Childrens Court file
PART 17.4--ACT REGISTRATION OF INTERSTATE CHILD WELFARE ORDERS
- 666 ACT registration—interstate child welfare orders
- 667 ACT registration of interstate orders—interstate
- 668 ACT registration of interstate orders—effect
- 669 ACT registration of interstate orders—application for
- 670 ACT registration of interstate orders—revocation
- 671 ACT revocation of interstate orders—interstate registrar
PART 17.5--ACT REGISTRATION OF INTERSTATE CHILD WELFARE PROCEEDINGS
- 672 ACT registration—interstate child welfare proceedings
- 673 ACT registration of interstate proceedings—interstate
- 674 ACT registration of interstate proceedings—effect
- 675 ACT registration of interstate proceedings—application for
- 676 ACT registration of interstate proceedings—revocation
- 677 ACT registration of interstate proceedings—interstate
PART 17.6--INTERSTATE TRANSFER OF CHILD WELFARE ORDERS AND PROCEEDINGS--MISCELLANEOUS
- 678 ACT registration of interstate orders and proceedings—Maori children and young
CHAPTER 18--CARE AND PROTECTION—POLICE ASSISTANCE
PART 18.1--ASSISTANCE IN CARRYING OUT ORDERS ETC
- 679 Police assistance
- 680 Police powers
- 681 Seized things may be kept until matter completed
- 682 Offence—failure to answer police questions
PART 18.2--SAFE CUSTODY
- 683 Safe custody—parental responsibility to director-general
- 684 What is a safe custody warrant?
- 685 Safe custody warrant—application
- 686 Safe custody warrant—criteria
- 687 Safe custody warrant—content
- 688 Safe custody warrant—application made other than in person
- 689 Safe custody warrant—announcement before entry
- 690 Safe custody warrant—details of warrant to be given to occupier
- 691 Safe custody warrant—occupier entitled to be present etc
- 692 Safe custody warrant—placement of child or young person
- 693 Offence—remove child or young person
- 694 Safe custody—matter must be brought to court promptly
CHAPTER 19--CARE AND PROTECTION—PROVISIONS APPLYING TO ALL PROCEEDINGS UNDER CARE AND PROTECTION CHAPTERS
PART 19.1--APPLICATIONS
- 695 Application—includes cross-application
- 696 Application—must include statements, documents and reports
- 697 Application—statements and reports to be signed etc
- 698 Application—oral applications
- 699 Application—withdrawal or discontinuance
PART 19.2--PARTIES
PART 19.3--STANDARD OF PROOF
PART 19.4--WITNESSES AND EVIDENCE
- 712 Procedures at hearings to be informal
- 713 Court may call witnesses
- 714 Court may summons people to attend
- 715 Child or young person as witness
- 716 Court not bound by rules of evidence
- 717 Restriction on taking evidence
PART 19.5--ORDERS
PART 19.6--COSTS
- 724 Costs—parties bear own unless court orders otherwise
- 725 Costs—frivolous, vexatious, dishonest application
- 726 Costs—parties bear own costs unless order otherwise
- 727 Costs—how court may share costs
CHAPTER 19A--CHILDREN AND YOUNG PEOPLE DEATH REVIEW COMMITTEE
PART 19A--.1 ESTABLISHMENT AND FUNCTIONS OF COMMITTEE
- 727A Establishment of committee
- 727B Functions of committee
- 727C Committee members
- 727D Appointment of committee members
- 727E Appointment of chair of committee
- 727EA Appointment of deputy chair of committee
- 727F Conflict of interest
- 727G Appointment of advisers
- 727H Ending member appointments
- 727I Arrangements for staff
PART 19A--.2 MEETINGS OF COMMITTEE
- 727J Meetings
- 727K Presiding member at meetings
- 727L Quorum at meetings
- 727M Voting at meetings
PART 19A--.3 REGISTER OF DEATHS OF CHILDREN AND YOUNG PEOPLE
PART 19A--.4 ANNUAL REPORTS ABOUT DEATHS OF CHILDREN AND YOUNG PEOPLE
CHAPTER 20--CHILDCARE SERVICES
PART 20.1--CHILDCARE SERVICES--PRELIMINARY
- 728 Definitions—Act and ch 20
- 729 Objects—ch 20
- 730 Principles—ch 20
- 731 Application—ch 20
PART 20.2--CHILDCARE SERVICES--IMPORTANT CONCEPTS
PART 20.3--CHILDCARE SERVICES--OFFENCES
PART 20.4--CHILDCARE SERVICES--CHILDCARE SERVICE LICENCES
Division 20.4.1--Childcare service licences—application, eligibility, etc
Division 20.4.2--Childcare service licences—renewal
Division 20.4.3--Childcare service licences—suspension and cancellation
Division 20.4.4--Childcare service licences—offences
Division 20.4.5--Childcare service licences—register, assessment and reporting
PART 20.5--CHILDCARE SERVICES--ENFORCEMENT
- 778 Removal of child in immediate danger
CHAPTER 21--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE
PART 21.1--IMPORTANT CONCEPTS
PART 21.2--WORK EXPERIENCE PROGRAMS--EXEMPTION
- 783 Work experience program—exemption from ch 21
- 784 Work experience program—decision on application
- 785 Work experience program exemption—further information
- 786 Suspension of work experience program exemption
- 787 Revocation of educational institution's exemption
PART 21.3--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE
- 788 Director-general may prohibit employment
- 789 Offence—contravene employment prohibition notice
- 790 Director-general may state conditions of employment
- 791 Offence—contravene employment conditions notice
- 792 Children and young people employment standards
PART 21.4--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE UNDER 15 YEARS OLD
- 793 What is light work?
- 794 What is high risk employment?
- 795 Offence—employment of children and young people under 15 years old
- 796 Exception to s 795—employment in light work
- 797 Exception to s 795—employment in family business
- 798 Declaration of high risk employment
- 799 High risk employment—employer may apply for permit
- 800 High risk employment permit—decision on application
- 801 High risk employment permit—further information
- 802 High risk employment permit—content
- 803 Offence—employment of child or young person under 15 years old in high risk
- 804 Offence—contravene condition of permit
CHAPTER 22--RESEARCH INVOLVING CHILDREN AND YOUNG PEOPLE
- 805 Definitions—ch 22
- 806 What is a research project?
- 807 Approval of research projects—generally
- 808 Research standards—certain matters to be covered
- 809 Approval of research projects—child or young person to take
- 810 Approval of ethics committees
- 811 Offence—researcher contravene approved standards
CHAPTER 23--ENFORCEMENT
PART 23.1--GENERAL
PART 23.2--POWERS OF AUTHORISED PEOPLE
- 813 Power to enter premises—general
- 814 Power to enter premises—Chapter 13 (Care and protection and therapeutic
- 815 Power to enter premises—ch 15 (Care and Protection—director-general has
- 816 Power to enter premises—ch 16 (Care and protection—therapeutic protection
- 817 Power to enter premises—ch 20 (Childcare services)
- 818 Production of identity card
- 819 Consent to entry
- 820 General powers on entry to premises
- 821 Duty to give information or documents
- 822 Power to require name and address
- 823 Power to seize things
PART 23.3--SEARCH WARRANTS
- 824 Warrants generally
- 825 Warrants—application made other than in person
- 826 Search warrants—announcement before entry
- 827 Details of search warrant to be given to occupier etc
- 828 Occupier entitled to be present during search etc
PART 23.4--RETURN AND FORFEITURE OF THINGS SEIZED
- 829 Receipt for things seized
- 830 Moving things to another place for examination or processing under search
- 831 Access to things seized
- 832 Return of things seized
PART 23.5--MISCELLANEOUS
- 833 Damage etc to be minimised
- 834 Compensation for exercise of enforcement powers
CHAPTER 24--APPEALS AND REVIEW
PART 24.1--APPEALS
Division 24.1.1--Appeals generally
- 835 Appeals to Supreme Court—generally
Division 24.1.2--Appeals—Care and protection chapters
- 836 Appeals to Supreme Court—care and protection chapters
- 837 Application of Magistrates Court Act
- 838 Orders that Supreme Court may make
Division 24.1.3--Notification and review of decisions
- 839 Meaning of reviewable decision—div 24.1.3
- 839A Reviewable decision notices
- 839B Applications for review
- 840 Decision to refuse to give childcare service licence must not be stayed or otherwise
CHAPTER 25--INFORMATION SECRECY AND SHARING
PART 25.1--APPLICATION AND DEFINITIONS
PART 25.3--SHARING PROTECTED INFORMATION
Division 25.3.1--Generally
Division 25.3.2--Sharing safety and wellbeing information
PART 25.4--COURTS AND INVESTIGATIVE ENTITIES
PART 25.5--ADMISSIBILITY OF EVIDENCE
- 868 How child concern reports may be used in evidence
- 869 Confidential report—not admissible in evidence
- 870 Confidential report—confidential reporter may give evidence
- 871 Confidential report—evidence admissible with agreement or leave
- 872 Things said at conference not admissible in care and protection
- 873 Interim matters—things said at court-ordered meeting
PART 25.6--PROTECTION OF PEOPLE WHO GIVE INFORMATION
CHAPTER 26--MISCELLANEOUS
- 876 Confidential report of contravention of Act
- 876A Power of court to bring young detainee before it—civil
- 877 Offence—tattoo child or young person without agreement
- 878 Protection of officials from liability
- 879 ACT child welfare services to assist certain statutory office
- 880 Notification of location of child or young person
- 881 Evidentiary certificates—director-general—parental
- 882 Evidentiary certificates—director-general—custody etc
- 883 Appointment of analyst for Act
- 883A Director-general delegations—approved care and protection
- 883B Subdelegations—approved care and protection organisations
- 883C Register of subdelegations
- 884 Chief police officer delegations
- 885 Determination of fees
- 886 Approved forms
- 887 Standard-making power
- 888 Regulation-making power
DICTIONARY
ENDNOTES