CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999)
Table of Provisions
CHAPTER 1--PRELIMINARYPART 1--INTRODUCTORY
PART 2--INTERPRETATION
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
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
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