CHILDREN'S SERVICES ACT 1986
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Repeal and savings
- 4 Interpretation
- 5 Matters to be considered concerning children
- 6 Courts to see that child understands proceedings
PART 2--ADMINISTRATION
- 7 Director of Family Services
- 8 Director to provide assistance
- 11 Appointment of officers
- 12 Advice and assistance by director and community advocate
- 13 Childrens Services Council
- 14 Functions of the council
- 15 Information to be included in annual report of council
- 16 Standing committee of council
- 17 Functions of standing committee
- 18 Assistance by authorities and agencies
- 19 Delegation
- 19A Official visitor
- 19B Functions of official visitor
PART 3--THE CHILDRENS COURT
- 20 Childrens Court Magistrates
- 20AA Restriction on assignment to act as Childrens Court Magistrate
- 20AB Arrangement of business of court
- 20A Childrens Court
- 20B Jurisdiction
- 21 Determination of jurisdiction by reference to age
- 22 Procedure of Childrens
PART 4--CHILD OFFENDERS
Division 1--—General
- 23 Saving of other laws
- 24 Determination of criminal jurisdiction by reference to age
- 25 Proceedings where child jointly charged with adult
- 26 Transfer of proceedings
- 27 Age of criminal responsibility
- 28 Power to apprehend under-age children
Division 2--—Criminal proceedings against children
- 29 Interpretation
- 30 Interviewing of children
- 32 Notification of arrest etc
- 33 Limitations in respect of criminal proceedings against children
- 34 Procedure by summons
- 35 Charge against child—informing of parent
- 36 Identifying material
- 38 Detention of children
- 38A Private property
- 39 Arrested children—bringing before court
- 40 Exclusion of evidence unlawfully obtained
- 41 Summary disposal of certain cases
- 42 Committal for trial in certain cases
- 43 Child may elect to be committed for trial
- 44 Committal of guilty child to Supreme Court
- 45 Childrens court to give reasons
- 46 Remission of matter by Supreme Court
- 46A Transfer to the Mental Health tribunal
Division 3--—Disposition of young offenders
- 47 Disposition of young offenders
- 47A Early release
- 48 Disposition without proceeding to conviction
- 49 Prohibition on certain orders
- 49A Referral to Mental Health Tribunal following conviction
- 50 Variation or revocation of conditional discharge order
- 51 Breach of conditional discharge orders
- 52 Fines and like orders
- 53 Breach of certain orders for reparation or compensation
- 54 Enforcement of payment of fines etc
- 55 Probation orders
- 56 Probation orders—entry and inspection by supervisor
- 57 Attendance centre orders
- 58 Duties of child under attendance centre order
- 59 Compensation
- 60 Breach of attendance centre orders
- 61 Breach of probation, attendance centre or residential orders
- 62 Revocation and variation of certain orders
Division 3A--—Transfer between institutions
- 62A Transfer directions
- 62B Reporting of transfers
- 62C Temporary custody prior to transfer between institutions
Division 4--—Miscellaneous
- 63 Powers of Supreme Court
- 64 Adjournment of criminal proceedings
- 65 Placing in shelter etc
- 66 Children in remand centres
- 67 Remission of time to be spent in institution
- 68 Director may grant leave for special purposes
- 69 Other rights and freedoms not affected
PART 4A--INTERSTATE TRANSFER OF OFFENDERS
Division 1--—Interstate transfer generally
- 69A Interpretation
- 69B Minister may enter into general agreements
- 69C Arrangements for transfer—general
- 69D Power to arrange for transfers
- 69E Arrangement not to be made if facilities not adequate
- 69F Provisions to be contained in each arrangement
- 69FA Reporting of transfers
- 69G Transfer order
- 69GA Temporary custody prior pending interstate transfer
- 69H Transfer to the Territory in the temporary control of an escort
- 69J Escape from temporary control of young offender being transferred from the Territory
Division 2--—Transfer of sentence or order
- 69K Transfer from the Territory of sentence or order
- 69L Transfer to the Territory of sentence or order
Division 3--—Transit through the Territory
- 69M Lawful custody for transit through the Territory
- 69N Escape from temporary control
- 69P Search warrants
Division 4--—Revocation of transfer orders
- 69Q Revocation of transfer order on escape from temporary control
- 69R Revocation of transfer order by director
- 69S Reports
PART 5--CHILD CARE PROCEEDINGS
Division 1--—Preliminary
Division 2--—Child care proceedings generally
- 73 Proceedings with respect to children in need of care
- 74 Children in hospital
- 75 Direction for release of child
- 76 Application to court for detention order
- 77 Procedure on application
- 78 Application for declaration that child is in need of care
- 79 Application to be served on parents
- 80 Hearing and determination of application
- 81 Adjournment of hearing
- 82 Child care conference
- 83 Care orders
- 83A Referral to the Mental Health Tribunal
- 84 Access
- 85 Residential orders and supervision orders—entry and inspection by director etc
- 86 Placing in shelter etc
- 87 Applications by other persons
- 88 Review of orders on application
- 89 Periodical review of orders
- 90 Service of applications for review
- 91 Application of Part
- 92 Order to resolve disagreements
- 93 Procedure at hearing
Division 3--—Child care agreements
- 94 Child care agreements
- 95 Agreements not void
- 96 Consent of child over the school-leaving age
- 97 Determination and expiration of agreements
- 98 Payment of expenses
- 99 Contributions by parents
Division 4--—Miscellaneous
- 100 Orders to be furnished to director
- 101 Dispensing with service
- 102 Procedure where child voluntarily enters a place of safety
- 103 Notification of children in need of care and of child abuse
- 104 Record of notifications
- 105 Protection of persons making notifications
- 106 Cessation of Part
PART 6--WARDS
- 107 Marriage of wards
- 108 Director to be guardian of wards
- 109 Incidents of wardship
- 110 Placement in homes etc
- 111 Religion
- 112 Visits to wards
- 113 Wards running away
- 114 Property of wards
- 115 Payments to ex-wards
- 116 Wards from outside the Territory
PART 7--CHILDREN'S DAY CARE SERVICES
- 117 Interpretation
- 118 Licensing of child care
- 119 Exemptions
- 120 Licences
- 121 Emergency suspension of licences
- 122 Direction to comply with conditions
- 123 Cancellation etc of licences
- 124 Removal of child from unlicensed care
- 125 Inspection of licensed premises
PART 8--EMPLOYMENT OF CHILDREN
- 126 Interpretation
- 127 Employment of children in certain businesses etc
- 128 Employment of young children
- 129 Light work excepted
- 130 Family businesses excepted
- 131 Employment not to interfere with schooling etc
- 132 Copies of notices to be given
- 133 Dangerous employment
- 134 Regulation of employment of children
- 135 Duty of employers of children
- 136 Child not to render certain measures ineffective
- 137 Part subject to certain provisions of Education Act
PART 9--OFFENCES
- 138 Presumption of age
- 139 Neglect etc of children
- 140 Unauthorised removal of children
- 141 False statements
- 142 Tattooing of children
PART 10--APPEALS
- 143 Interpretation
- 144 Jurisdiction of Supreme Court
- 145 Application of Magistrates Court Act
- 146 Barring of appeal if order to review granted
- 147 Orders that Supreme Court may make
- 148 Administrative review
PART 11--MISCELLANEOUS
Division 1--—Powers of entry and search
- 149 Interpretation
- 150 Search and seizure
- 151 Search warrants
- 152 Entry in emergencies
- 153 Consent to entry
- 154 Obstruction
Division 2--—General
- 155 Notification of decisions
- 156 Breach of residential order
- 157 Establishment etc of shelters etc
- 158 Medical examinations and surgical operations
- 159 Child's name may be given
- 159A Director to notify births
- 160 Notifications
- 161 Court may direct Minister to make certain determinations
- 162 Powers of courts with respect to reports
- 163 Reports to be made available
- 164 Right of appearance
- 165 Matters before Childrens Court
- 166 Next friend of child
- 167 Representation of children
- 168 Attendance of parents at court
- 169 Proceedings not open to public
- 170 Restrictions on publication of reports of proceedings
- 171 Protection of children in other courts
- 172 Confidentiality
- 173 Evidentiary certificates
- 174 Power of Minister to determine fees
- 176 Ministerial agreements
- 177 Regulations