Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
CHAPTER 1--PRELIMINARY
PART 1.1--INTRODUCTORY
1. Name of Act
PART 1.2--INTERPRETATION
2. Dictionary
3. Notes
3A. Offences against Act—application of Criminal Code etc
4. Orders in favour of a person
5. Meaning of carer
PART 1.3--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 Act applies
CHAPTER 2--GENERAL OBJECTS, PRINCIPLES AND PARENTAL RESPONSIBILITY
PART 2.1--GENERAL OBJECTS
10. Objects
PART 2.2--PRINCIPLES APPLYING TO THE ACT
11. Best interests of child or young person paramount consideration
12. General principles
13. How to apply the best interests principle
14. Indigenous children and young people principle
CHAPTER 3--PROCEEDINGS UNDER ACT GENERALLY
22. Entitlement to take part
23. Ch 6 and ch 7—general representation of child or young
24. Ch 6, ch 7 and ch 8—legal representation of child or young
25. Applications may be heard together
CHAPTER 4--ADMINISTRATION
PART 4.1--CHIEF EXECUTIVE
26. Chief executive's functions
27. Duties and particular powers of chief executive
28. Who can the chief executive get help from?
34. Delegation by chief executive
PART 4.2--CHILDRENS SERVICES COUNCIL
35. Childrens Services Council
36. Members of the council
37. Chairperson
38. Meetings of the council
39. Ending of appointments
40. Advice and assistance by chief executive and public advocate
PART 4.3--OTHER OFFICIALS
45. Assistance for public advocate
46. Giving information protected
47. Suitable entities
48. Appointment of officers
49. Identity cards
CHAPTER 5--THE CHILDRENS COURT
50. Childrens Court Magistrates
51. Restriction on assignment to act as Childrens Court Magistrate
52. Arrangement of business of Childrens Court
53. Childrens Court
53A. Assignment of other magistrates to deal with Childrens Court matters
53B. Completion of part-heard matters
54. General jurisdiction of Childrens Court
55. Decisions about jurisdiction by reference to age
56. Procedure of Childrens Court
57. Matters before Childrens Court
59. Orders about service
60. Attendance of parents at court
61. Proceedings not open to public
61A. Restriction on publication of certain identifying material from
62. Childrens Court may excuse parties from attendance
CHAPTER 6--YOUNG OFFENDERS
PART 6.1--INTERPRETATION FOR CHAPTER 6
63. Definitions for ch 6
64. Meaning of young offender
65. Meaning of State institution
66. Special meaning of young person in ch 6
PART 6.2--DEALING WITH YOUNG OFFENDERS IN ACT
Division 6.2.1--General provisions for part 6.2
67. Saving of other laws
69. Decisions about criminal jurisdiction by reference to age
70. Proceedings where young person jointly charged with adult
72. Power to apprehend under-age children
73. Powers of court in relation to reports
74. Reports to be made available
75. Care and protection considerations
Division 6.2.2--Proceedings against young people
76. Definitions for div 6.2.2
77. Meaning of under restraint
78. Committing an offence
79. Interviewing young people
80. Notification of arrest
81. Limitations in relation to criminal proceedings against young people
82. Procedure by summons
83. Charge against young person—informing person with parental
84. Identifying material
84A. Destruction of identifying material
85. Detention of young people generally
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 6.2.3--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
105A. Issue of warrant to enter and inspect
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
114. Residential orders
115. Contravention of residential order
116. Contravention of probation, community service, attendance centre or residential
117. Revocation and variation of certain orders
118. Referral to mental health tribunal following conviction
Division 6.2.5--Miscellaneous
123. Powers of Supreme Court
124. Adjournment of criminal proceedings
125. Placing in shelter or correctional centre
127. Remission of time to be spent in institution
130. Other rights and freedoms not affected
131. Royal prerogative of mercy not affected
CHAPTER 9--CHILDRENS SERVICES
PART 9.1--GENERAL
324. Definitions for ch 9
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 ch 9 does not apply
331. Exemptions
PART 9.2--APPROVALS IN PRINCIPLE AND LICENCES
Division 9.2.1--General
332. Deciding if suitable
333. Duty of disclosure
334. Register
Division 9.2.2--Approval in principle
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 9.2.3--Licences
342. Advertising intention to apply
343. Application
344. Eligibility for licence
345. Grant or refusal of licence
346. Application for renewal
347. Renewal
Division 9.2.4--Matters common to approvals in principle and licences
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 9.3--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 9.4--OFFENCES
361. Provision of care as part of family day care scheme
362. Carrying on unapproved or unlicensed childrens service at child-care
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
CHAPTER 10--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE
367. Meaning of young child
368. Employing a child or young person
368A. Work experience not employment
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. Ch 10 subject to certain provisions of Education Act
CHAPTER 11--APPEALS AND REVIEW
379. Meaning of order
380. Appeal to Supreme Court
381. Application of Magistrates Court Act etc
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
CHAPTER 12--GENERAL OFFENCES
386. Presumption of age
388. Tattooing of children and young people
CHAPTER 13--POWERS OF ENTRY AND SEARCH
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
CHAPTER 15--CONFIDENTIALITY AND IMMUNITY
407. Immunity from suit
CHAPTER 16--MISCELLANEOUS
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
416A. Approval of forms by chief executive
417. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES