Australian Capital Territory Numbered Acts

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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999)


TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARYPART 1--INTRODUCTORY

   1.      Short title  
   2.      Commencement  

   PART 2--INTERPRETATION

   3.      Definitions—the dictionary etc  
   4.      Orders in favour of a person  
   5.      Meaning of carer  

   PART 3--APPLICATION OF THE ACT

   6.      Application of Act generally  
   7.      Who is a child?  
   8.      Who is a young person?  
   9.      Children and young people to whom this Act applies  

   PART 1--GENERAL OBJECTS

   10.     Objects  

   PART 2--PRINCIPLES APPLYING TO THE ACT

   11.     Application of principles  
   12.     General principles  
   13.     How to apply the best interests principle  
   14.     Indigenous children and young people principle  
   15.     Indigenous placement principle  

   PART 3--PARENTAL RESPONSIBILITY

   16.     Meaning of court order for Part 3  
   17.     What is parental responsibility?  
   18.     Who has parental responsibility?  
   19.     Who can exercise parental responsibility for a child or young person?  
   20.     Parental responsibility for day-to-day care, welfare and development  
   21.     Parental responsibility for long-term care, welfare and development  
   22.     Entitlement to take part  
   23.     Chapters 6 and 7—general representation of child or young person  
   24.     Chapters 6, 7 and 8—legal representation of child or young person  
   25.     Applications may be heard together  

CHAPTER 4--ADMINISTRATIONPART 1--CHIEF EXECUTIVE

   26.     Functions and general powers of chief executive  
   27.     Duties and particular powers of chief executive  
   28.     Who can the chief executive get help from?  
   29.     Power to give and receive information  
   30.     Power to enter agreements for general exercise of parental responsibility  
   31.     Authorisation to exercise parental responsibility for particular child or young person  
   32.     Monitoring children and young people for whom chief executive has parental responsibility  
   33.     After care assistance  
   34.     Delegation  

   PART 2--CHILDRENS SERVICES COUNCIL

   35.     Childrens Services Council  
   36.     Members of the council  
   37.     Chairperson  
   38.     Meetings of the council  
   39.     Termination of appointment of members  
   40.     Advice and assistance by chief executive and community advocate  

   PART 3--OTHER OFFICIALS

   41.     Official visitor  
   42.     Functions of official visitor  
   43.     Making and hearing complaints  
   44.     No requirement to investigate complaint  
   45.     Assistance for community advocate  
   46.     Giving information protected  
   47.     Suitable entities  
   48.     Officers  
   49.     Identity cards  
   50.     Childrens Court Magistrates  
   51.     Restriction on assignment to act as Childrens Court Magistrate  
   52.     Arrangement of business of court  
   53.     Childrens Court  
   54.     General jurisdiction of Childrens Court  
   55.     Decisions about jurisdiction by reference to age  
   56.     Procedure of Childrens Court  
   57.     Matters before Childrens Court  
   58.     Forms  
   59.     Orders about service  
   60.     Attendance of parents at court  
   61.     Proceedings not open to public  
   62.     Court may excuse parties from attendance  

   PART 1--INTERPRETATION

   63.     Definitions  
   64.     Meaning of young offender  
   65.     Meaning of State institution  
   66.     Special meaning of young person in Chapter 6  

   PART 2--WITHIN THE TERRITORY

   67.     Saving of other laws  
   68.     Principles  
   69.     Decisions about criminal jurisdiction by reference to age  
   70.     Proceedings where young person jointly charged with adult  
   71.     Age of criminal responsibility  
   72.     Power to apprehend under-age children  
   73.     Powers of court with respect to reports  
   74.     Reports to be made available  
   75.     Care and protection considerations  
   76.     Definitions  
   77.     Meaning of under restraint  
   78.     Committing an offence  
   79.     Interviewing young people  
   80.     Notification of arrest  
   81.     Limitations in respect of criminal proceedings against young people  
   82.     Procedure by summons  
   83.     Charge against young person—informing person with parental responsibility  
   84.     Identifying material  
   85.     Detention of young people  
   86.     Private property  
   87.     Bringing arrested young people before court  
   88.     Exclusion of evidence unlawfully obtained  
   89.     Summary disposal of certain cases  
   90.     Committal for trial in certain cases  
   91.     Young person may elect to be committed for trial  
   92.     Committal of guilty young person to Supreme Court  
   93.     Childrens Court to give reasons  
   94.     Remission of matter by Supreme Court  
   95.     Transfer to the Mental Health Tribunal  

           Division 3--—Disposition of young offenders

   96.     Disposition of young offenders  
   97.     Early release  
   98.     Disposition without proceeding to conviction  
   99.     Prohibition on certain orders  
   100.    Variation or revocation of conditional discharge order  
   101.    Fines and similar orders  
   102.    Enforcement of payment of fines etc  
   103.    Breach of certain orders for reparation or compensation  
   104.    Probation orders  
   105.    Probation orders—entry and inspection by supervisor  
   106.    Community service orders  
   107.    Duties of young offender under community service order  
   108.    Contravention of community service orders  
   109.    Contravention of community service and conditional discharge orders  
   110.    Attendance centre orders  
   111.    Duties of young person under attendance centre order  
   112.    Contravention of attendance centre orders  
   113.    Compensation  
   114.    Residential orders  
   115.    Contravention of residential order  
   116.    Contravention of probation, community service, attendance centre or residential orders  
   117.    Revocation and variation of certain orders  
   118.    Referral to Mental Health Tribunal following conviction  

           Division 4--—Transfer between institutions

   119.    Meaning of transfer direction  
   120.    Transfer directions  
   121.    Reporting transfers  
   122.    Temporary custody prior to transfer between institutions  

           Division 5--—Miscellaneous

   123.    Powers of Supreme Court  
   124.    Adjournment of criminal proceedings  
   125.    Placing in shelter or remand centre  
   126.    Young people in remand centres  
   127.    Remission of time to be spent in institution  
   128.    Special purpose leave  
   129.    Medical examinations and surgical operations  
   130.    Other rights and freedoms not affected  
   131.    Royal prerogative of mercy not affected  

   PART 3--INTERSTATE TRANSFER

           Division 1--—Interstate transfer generally

   132.    Definitions  
   133.    General agreements with other jurisdictions  
   134.    Arrangements for transfer—general  
   135.    Power to arrange for transfers  
   136.    Arrangement not to be made if facilities not adequate  
   137.    Provisions to be contained in each arrangement  
   138.    Reporting of transfers  
   139.    Transfer order  
   140.    Temporary custody pending interstate transfer  
   141.    Transfer to Territory in temporary control of escort  
   142.    Escape from temporary control of young offender being transferred from Territory  

           Division 2--—Transfer of sentence or order

   143.    Transfer from Territory of sentence or order  
   144.    Transfer to Territory of sentence or order  

           Division 3--—Transit through Territory

   145.    Lawful custody for transit through Territory  
   146.    Escape from temporary control  
   147.    Search warrants  

           Division 4--—Revocation of transfer orders

   148.    Revocation of transfer order on escape from temporary control  
   149.    Revocation of transfer order by chief executive  
   150.    Reports etc  

   PART 1--GENERAL

   151.    Meaning of abuse and neglect  
   152.    Meaning of contact  
   153.    Meaning of former caregiver  
   154.    Person apparently a child or young person  
   155.    Chapter ceases applying when young person becomes adult  
   156.    In need of care and protection  
   157.    Effect of conduct outside Territory  
   158.    Voluntary reporting  
   159.    Mandatory reporting  
   160.    Report other than in good faith  
   161.    Action on report  
   162.    Records  
   163.    Protection of people making reports  
   164.    Protection of community advocate and person providing information to community advocate  

   PART 2--VOLUNTARY ACTION

   165.    Definitions  
   166.    Facilitators  
   167.    Register  
   168.    Purpose of conferences  
   169.    Action by facilitator  
   170.    Financial assistance  
   171.    Conduct of conference  
   172.    Agreements arising from conferences  
   173.    Outcome of conference  
   174.    Action by chief executive  
   175.    Application for registration  
   176.    Registration of agreements  
   177.    Effect of registration  
   178.    Review of arrangements for care and protection of child or young person  
   179.    People with parental responsibility who cannot be found  
   180.    Publication of information concerning conferences  
   181.    Meaning of party  
   182.    Voluntary care agreements  
   183.    Extending voluntary care agreements  
   184.    Longer agreements allowed for certain young people  
   185.    Agreements not void  
   186.    Early termination  
   187.    Action on expiration or termination  
   188.    Parental contributions  
   189.    Child protection appraisals  
   190.    Special assessment  
   191.    Restrictions on special assessment of children and young people  
   192.    Assistance with assessment  
   193.    Report  

   PART 3--CARE AND PROTECTION ORDERS AND EMERGENCY ACTION

   194.    Definitions  
   195.    Basis for orders  
   196.    Applications by other people  
   197.    Burden of proof  
   198.    Information not required to be disclosed  
   199.    Orders in relation to third parties  
   200.    Contents of care and protection applications  
   201.    Cross applications for care and protection orders  
   202.    Restriction on leave to cross apply  
   203.    Interim care and protection orders  
   204.    Court order not limited by terms of care and protection application  
   205.    When can the court make a domestic violence order or a restraining order?  
   206.    Contact orders  
   207.    Residence orders  
   208.    Temporary absence  
   209.    Supervision order  
   210.    Failure to comply with care and protection orders  
   211.    Initial consideration of applications  
   212.    Consideration of applications  
   213.    Period of effect of short care and protection orders  
   214.    Extension, variation or revocation of orders  
   215.    Applications for assessment orders  
   216.    Cross applications on assessment orders  
   217.    Assessment orders  
   218.    Restrictions on making assessment orders  
   219.    Assistance with assessment  
   220.    Report  
   221.    Childrens Court may act on recommendations  
   222.    Taking emergency action  
   223.    Emergency action by police officer  
   224.    Parental responsibility following emergency action  
   225.    Keeping and losing parental responsibility  
   226.    Notice of emergency action  
   227.    Action by chief executive  
   228.    Early initial consideration of care and protection application  
   229.    Contact with siblings and people with parental responsibility  
   230.    Record of action  
   231.    Application for release of child or young person  
   232.    Effect of Division on other powers of chief executive  
   233.    What is therapeutic protection?  
   234.    Restriction on provision of therapeutic protection  
   235.    Therapeutic protection orders  
   236.    Restriction on making, varying and extending  
   237.    Action by chief executive under therapeutic protection order  
   238.    Restriction on cross application  
   239.    Application for variation or revocation of therapeutic protection order  
   240.    Time for hearing and deciding applications  
   241.    Limitations on restricting contact  
   242.    Separation of children and young people from offenders  
   243.    Provision of schedule of therapeutic protection  
   244.    Therapeutic protection order made as final care and protection order  
   245.    Review  
   246.    Specific issues orders  
   247.    Restriction on cross application  
   248.    Notice of making, varying or extending certain specific issues orders  
   249.    Initial consideration of applications  
   250.    Restriction on cross application  
   251.    Before application adjourned  
   252.    Court ordered meeting  
   253.    Variation of interim orders  
   254.    Appeal from assessment and specific issues interim orders  
   255.    Final care and protection orders  
   256.    Therapeutic protection order made as final care and protection order  
   257.    Parental responsibility  
   258.    Restriction on making final care and protection orders  
   259.    What is a care plan?  
   260.    Enduring parental responsibility orders  
   261.    Restriction on making enduring parental responsibility orders  
   262.    Effect of enduring parental responsibility order on others with parental responsibility  
   263.    Financial contributions and burdens  
   264.    Application for variation and revocation of orders  
   265.    Variation and revocation of orders  
   266.    Continuation of existing orders  
   267.    Chief executive to report  
   268.    Waiving of obligation to give report  
   269.    Failure to give report  
   270.    Circumstances in which child or young person may be taken into safe custody  
   271.    Court's powers in relation to child or young person taken into safe custody  
   272.    Opportunity for child or young person to be heard  
   273.    Court informing self of child's or young person's wishes  
   274.    No requirement to express views or wishes  
   275.    Applications—scheduled matters  
   276.    Accompaniments to applications  
   277.    Form of statements and reports  
   278.    Oral applications  
   279.    Ex parte proceedings  
   280.    Parties  
   281.    Nonattendance of party  
   282.    Joining parties—court initiated  
   283.    Joining parties—on application  
   284.    Joined parties—filed material  
   285.    Removal of parties  
   286.    Notice of address for service  
   287.    Representation  
   288.    Procedure at hearing  
   289.    Reasons for decisions  
   290.    Service of orders  
   291.    Court may inform self as appropriate  
   292.    Court may call witnesses  
   293.    Child or young person as witness  
   294.    Restriction on taking evidence  
   295.    Withdrawal or discontinuance of applications  
   296.    Consent orders  
   297.    Costs  

   PART 1--PRELIMINARY

   298.    Object of Chapter  
   299.    Definitions  

   PART 2--TRANSFER OF CERTAIN CHILD CARE AND PROTECTION ORDERS

   300.    When chief executive may transfer order  
   301.    People whose consent is required  
   302.    Notification to child or young person and people with parental responsibility  
   303.    Limited period for review of decision  
   304.    When court may make an order under this Division  
   305.    Service of application  
   306.    Type of order  
   307.    Court to have regard to certain matters  
   308.    Court must consider report from chief executive  
   309.    Appeals  

   PART 3--TRANSFER OF CHILD CARE AND PROTECTION PROCEEDINGS

   310.    When court may make order under this Part  
   311.    Service of application  
   312.    Court to have regard to certain matters  
   313.    Interim order  
   314.    Appeals  

   PART 4--REGISTRATION

   315.    Filing and registration of interstate documents  
   316.    Notification by appropriate registrar  
   317.    Effect of registration  
   318.    Revocation of registration  

   PART 5--MISCELLANEOUS

   319.    Effect of registration of transferred order  
   320.    Transfer of court file  
   321.    Special provision with respect to Maori children and young people  
   322.    Hearing and determination of transferred proceeding  
   323.    Disclosure of information  

   PART 1--GENERAL

   324.    Definitions  
   325.    Objects  
   326.    Principles  
   327.    What is a childrens service?  
   328.    What is a child care centre?  
   329.    What is a family day care scheme?  
   330.    Situations where Chapter does not apply  
   331.    Exemptions  

   PART 2--APPROVALS IN PRINCIPLE AND LICENCES

   332.    Deciding if suitable  
   333.    Duty of disclosure  
   334.    Register  
   335.    Advertising intention to apply  
   336.    Application  
   337.    Eligibility for approval in principle  
   338.    Grant or refusal of approval in principle  
   339.    Certificate of approval in principle  
   340.    Term  
   341.    Chief executive to report  

           Division 3--—Licences

   342.    Advertising intention to apply  
   343.    Application  
   344.    Eligibility for licence  
   345.    Grant or refusal of licence  
   346.    Application for renewal  
   347.    Renewal  
   348.    Adjacent premises  
   349.    Variation of an approval in principle or a licence  
   350.    Cancellation of an approval in principle or a licence  
   351.    Return of certificate or licence  
   352.    Change of controlling person  

   PART 3--ENFORCEMENT

   353.    Reporting breach  
   354.    Records  
   355.    Powers of entry  
   356.    Offence related search and seizure at licensed premises  
   357.    Entry to premises of unlicensed service—search warrant  
   358.    Notice to enforce requirements  
   359.    Power to suspend operation if service unsafe  
   360.    Removal of children in emergency  

   PART 4--OFFENCES

   361.    Provision of care as part of family day care scheme  
   362.    Carrying on unapproved or unlicensed childrens service at child care centre  
   363.    Advertising certain childrens services  
   364.    Contravention of condition of approval in principle or licence  
   365.    Offences in relation to approval in principle or licence documents  
   366.    Obligations on proprietors, controlling people and carers  
   367.    Meaning of young child  
   368.    Employing a child or young person  
   369.    Employment of children and young people in certain businesses etc  
   370.    Employment of young children  
   371.    Light work excepted  
   372.    Family businesses excepted  
   373.    Employment not to interfere with schooling etc  
   374.    Dangerous employment  
   375.    Regulation of employment of children and young people  
   376.    Duty of employers of children and young people  
   377.    Child or young person not to render certain measures ineffective  
   378.    Part subject to certain provisions of Education Act  
   379.    Meaning of order  
   380.    Appeal to Supreme Court  
   381.    Application of Magistrates Court Acts  
   382.    Barring of appeal if order to review granted  
   383.    Orders that Supreme Court may make  
   384.    Review of decisions  
   385.    Decision to refuse to grant licence may not be stayed or otherwise affected pending outcome of review  
   386.    Presumption of age  
   387.    False statements  
   388.    Tattooing of children and young people  
   389.    Offences in relation to child or young person subject to an order  
   390.    Offence to harbour or conceal child or young person  
   391.    Obstruction  
   392.    Impersonation and false representations  
   393.    Things connected with offences  
   394.    Extended meaning of offence  
   395.    Search and seizure  
   396.    Search warrants  
   397.    Entry in emergencies  
   398.    Consent to entry  
   399.    Power to conduct personal search of child or young person  
   400.    Rules for conduct of personal search  
   401.    Safekeeping of things seized  
   402.    Making standards  
   403.    Publication in Gazette  
   404.    Confidentiality generally  
   405.    Information required not to be disclosed  
   406.    Civil liability  
   407.    Immunity from suit  
   408.    Understanding proceedings  
   409.    Right of appearance  
   410.    Power of person without parental responsibility  
   411.    Notification of location of child or young person  
   412.    Declaration of attendance centres, institutions and shelters  
   413.    Child's or young person's name may be given  
   414.    Chief executive to notify births in some circumstances  
   415.    Evidentiary certificates  
   416.    Determination of fees  
   417.    Regulations  
   418.    Review  
   419.    Definitions  
   420.    Repeal of Children's Services Act  
   421.    Things done by Minister or director before the commencement day  
   422.    First meeting of the Childrens Services Council  
   423.    Orders naming director  
   424.    Childrens Court Magistrate  
   425.    Parts 4 and 4A of the repealed Act  
   426.    Emergency action—s 73 and s 74 of repealed Act  
   427.    Emergency action—s 75 and s 76 of repealed Act  
   428.    CSA applications  
   429.    Community advocate a party  
   430.    Procedural changes in relation to CSA applications  
   431.    Adjournment orders under CSA  
   432.    Length of s 81 orders  
   433.    Final care orders in force immediately before commencement day  
   434.    Declarations made immediately before commencement day  
   435.    Information laid for warrant  
   436.    Access orders  
   437.    Periodical review of orders  
   438.    Notations  
   439.    Undertakings  
   440.    Child care centres  
   441.    Suspension of licences and directions to comply  
   442.    Family day care schemes  
   443.    Attendance centres, institutions and shelters  
   444.    AAT Appeals  
   445.    Modification of Chapter's operation  
   446.    Expiry of Chapter  
           SCHEDULE 2
           DICTIONARY


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