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

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

    DICTIONARY     (See s 3)

"Aboriginal" means a person who—

        (a)     is a descendant of the indigenous inhabitants of Australia; and

        (b)     regards himself or herself as an Aboriginal or, if the person is a child or young person, is regarded as an Aboriginal by a parent or kin.

"abuse" see section 151.

"Act "includes the regulations.

"adult "means someone who is 18 years old or older.

approval in principle see section 324.

"arrangement", for Chapter 6 (Young offenders), Part 3 (Interstate transfer), see section 132.

"assessment order" means an order under section 217.

"attendance centre" means a place that is declared under section 412 to be an attendance centre.

attendance centre order see section 110.

authorised officer see section 76.

best interests principle see paragraph 12 (1) (a) and section 13.

"body " includes agencies and organisations.

"care and protection application", for Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action), see section 194.

"care and protection order", for Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action), see section 194.

care plan see section 259.

carer see section 5.

"child—"

    (a)     for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 1 (Family group conferences), see section 165; or

        (b)     in any other case—see section 7.

"child care and protection order", for Chapter 8 (Transfer of child care and protection orders and proceedings), see section 299.

"child care and protection proceeding", for Chapter 8 (Transfer of child care and protection orders and proceedings), see section 299.

"child care centre" see section 328.

"child protection appraisal" means assessment under section 189.

"Childrens Court"—

        (a)     for Chapter 8 (Transfer of child care and protection orders and proceedings), in relation to a State—see section 299; or

        (b)     in any other case—see section 53.

childrens service see section 327.

"child welfare law", for Chapter 8 (Transfer of child care and protection orders and proceedings), see section 299.

community service order see section 106.

conditional discharge order see section 63.

"conference", for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 1 (Family group conferences), see section 165.

"contact" see section 152.

"contact order" means an order made under section 206.

"controlling person", for Chapter 9 (Childrens services), see section 324.

"council" means the Childrens Services Council.

"court" means the Childrens Court established under this Act.

"court order", for Chapter 2 (General objects, principles and parental responsibility), Part 3 (Parental responsibility), see section 16.

"custodial escort", for Chapter 6 (Young offenders), means an escort under the Custodial Escorts Act 1998 other than an escort who is a police officer.

"decision-maker" includes any court exercising jurisdiction under this Act.

"determined fee", in relation to a provision of this Act, means a fee determined under section 416 for the provision.

"domestic violence order" means an order under Part 2 of the Domestic Violence Act 1986.

drug of dependence has the meaning given by the Drugs of Dependence Act 1989, subsection 3 (1).

"emergency action "means action taken by the chief executive or a police officer under Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action), Division 4 (Emergency action).

"employer", for Chapter 10 (Employment of children and young people), in relation to a child or young person, means someone who is deemed to employ the child or young person.

enduring parental responsibility order see section 260.

"escort", for Chapter 6 (Young offenders), Part 3 (Interstate transfer), see section 132.

"facilitator", for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 1 (Family group conferences), means a person who is appointed as a facilitator under section 166.

family day care scheme see section 329.

"family group conference " means a conference convened under Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary action), Division 1 (Family group conferences).

final care and protection order see section 194.

"fine", for Chapter 6 (Young offenders), see section 63.

"former caregiver", for Chapter 7 (Children and young people in need of care and protection), see section 153.

"indigenous", for a person, means Aboriginal or Torres Strait Islander.

"indigenous organisation "means an organisation whose purpose is to represent the interests of indigenous people.

indigenous placement principle see section 15.

"in favour of "see section 4.

"institution" means a place that is declared to be an institution under section 412.

"interim order", for Chapter 8 (Transfer of child care and protection orders and proceedings)," "see section 299.

"interstate law" means—

        (a)     a law that, under a notice under subsection 299 (3) that has not been revoked, is declared to be an interstate law for Chapter 8 (Transfer of child care and protection orders and proceedings); and

        (b)     a law of a State that corresponds to Chapter 8.

"interstate officer", for Chapter 8 (Transfer of child care and protection orders and proceedings), see section 299.

"interim order", for Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action), Division 7 (Final care and protection orders), means an order under paragraph 251 (1) (e).

"interview", for Chapter 6 (Young offenders), Part 2 (Within the Territory), Division 2 (Criminal proceedings against young people), see section 76.

"Legislative Assembly Standing Committee "means the Legislative Assembly Standing Committee the terms of reference of which include examination of matters related to the administration of justice.

licence see section 324.

mental dysfunction has the meaning given by the Mental Health (Treatment and Care) Act 1994, section 4.

mental health order has the meaning given by the Mental Health (Treatment and Care) Act 1994, section 4.

Mental Health Tribunal means the Mental Health Tribunal established under the Mental Health (Treatment and Care) Act 1994.

mental illness has the meaning given by the Mental Health (Treatment and Care) Act 1994, section 4.

"Minister", for Chapter 6 (Young offenders), see section 63.

neglect see section 151.

"offence"—

        (a)     includes an offence against a Commonwealth law; and

        (b)     for Chapter 13 (Powers of entry and search), see section 394.

"official visitor" means the Official Visitor appointed under section 41.

"officer" see section 48.

"order", for Chapter 11 (Appeals and review), includes a decision.

"outstanding fine", for Chapter 6 (Young offenders), see section 63.

parental responsibility see section 17.

"participant", for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 1 (Family group conferences), see section 165.

"participating State", for Chapter 8 (Transfer of child care and protection orders and proceedings), see section 299.

"party", for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 2 (Voluntary care agreements), see section 181.

"personal search", for Chapter 13 (Powers of entry and search), see section 399.

"person responsible", for Chapter 6 (Young offenders), Part 3 (Interstate transfer), see section 132.

"place" includes premises.

"police officer", for Chapter 6 (Young offenders), Part 2 (Within the Territory), Division 2 (Criminal proceedings against young people), see section 76.

probation order see section 104.

"proprietor", for Chapter 9 (Childrens services), see section 324.

"reasonably believes" means believes on reasonable grounds.

"reasonably suspects" means suspects on reasonable grounds.

"receiving State", for Chapter 6 (Young offenders), Part 3 (Interstate transfer), see section 132.

remand centre has the meaning given by the Remand Centres Act 1976, section 3.

"representative", for a child or young person, means a lawyer or other person representing the child or young person, but does not include a child or young person who represents himself or herself.

"residence order" means an order under section 207.

"residential order "see section 114.

"restraining order" means a restraining order made under Part 10 (Restraining orders) of the Magistrates Court Act 1930.

"school "means a school conducted on behalf of the Territory, a school registered or provisionally registered under the Education Act 1937 or an educational institution conducted by the Canberra Institute of Technology.

school-leaving age has the meaning given by the Education Act 1937, section 5.

"sending State", for Chapter 6 (Young offenders), Part 3 (Interstate transfer), see section 132.

"serious offence", for Chapter 6 (Young offenders), Part 2 (Within the Territory), Division 2 (Criminal proceedings against young people), see section 76.

"shelter" means a place that is declared to be a shelter under section 412.

"short care and protection order", for Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action), see section 194.

"signed agreement", for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 1 (Family group conferences), see section 165.

"special assessment" means an assessment of a person that may include the matters mentioned in section 190.

"specific issues order", for Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action), see section 194.

"State "includes another Territory and in Chapter 8 (Transfer of child care and protection orders and proceedings) includes New Zealand.

"State institution", for Chapter 6 (Young offenders), see section 65.

"supervision order", in relation to a child or young person, means an order made by a court placing the child or young person under the supervision of—

        (a)     the chief executive or someone else designated by the chief executive; or

        (b)     a person named in the order;

for the period stated in the order.

"supervisor", for a child or young person in relation to whom a probation order or a supervision order is in force, means the person under whose supervision the child or young person is placed by order.

suitable see subsection 47 (1) and section 332.

suitable carer see section 30.

"therapeutic protection" see section 233.

"therapeutic protection order" means an order under section 235.

"Torres Strait Islander" means a person who—

        (a)     is a descendant of the indigenous inhabitants of the Torres Strait Islands; and

        (b)     b)regards himself or herself as a Torres Strait Islander or, if he or she is a child or young person, is regarded as a Torres Strait Islander by a parent or kin.

"transfer direction", Chapter 6 (Young offenders), Part 3 (Within the Territory), Division 4 (Transfer between institutions), see section 119.

"transfer order", for Chapter 6 (Young offenders), Part 3 (Interstate transfer), see section 132.

"under restraint", for Chapter 6 (Young offenders), Part 2 (Within the Territory), Division 2 (Criminal proceedings against young people), see section 77.

"voluntary care agreement", for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 2 (Voluntary care agreements), means an agreement entered into under section 182.

"working day" means a day other than a Saturday, Sunday or public holiday.

"young child", for Chapter 10 (Employment of children and young people), means someone who is not school-leaving age or older.

young offender see section 64.

"young person"—

        (a)     for Chapter 7 (Children and young people in need of care and protection), Part 2 (Voluntary Action), Division 1 (Family group conferences), see section 165; and

        (b)     see section 8.

NOTE

Penalty units

See section 33AA of the Interpretation Act 1967.

[Presentation speech made in Assembly on 1 July 1999]

© Australian Capital Territory 2003

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AUSTRALIAN CAPITAL TERRITORY

CONTENTS

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AUSTRALIAN CAPITAL TERRITORY

Children and Young People Act 1999

No. 63 of 1999

[Notified in ACT Gazette No 45: 10 November 1999]