Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act:
"Aboriginal" means:
(a) a descendant of the Aboriginal people of Australia; or
(b) a descendant of the indigenous inhabitants of the Torres Strait Islands.
"Aboriginal customary law" means:
(a) customary law of the Aboriginal people of Australia; or
(b) customary law of the indigenous inhabitants of the Torres Strait Islands.
"Aboriginal tradition" means:
(a) tradition of the Aboriginal people of Australia; or
(b) tradition of the indigenous inhabitants of the Torres Strait Islands.
"administrative guidelines", means administrative guidelines made under section 191(1).
"adult" means:
(a) a person at least 18 years of age; or
(b) a person apparently at least 18 years of age if the person's age cannot be proved.
"advisor" means an advisor to the Committee mentioned in section 215.
"approved form" means a form approved by the CEO under section 302.
"assessment order" means an assessment order made under section 115(a) or (b).
"authorised officer", see section 304(1).
"Authority" means the Screening Authority established by section 196(1).
"candidate", see section 188(1).
"care plan", see section 70(2).
"carer", see section 78(1).
"CEO" means the Chief Executive Officer of the Department.
"child" means:
(a) a person less than 18 years of age; or
(b) a person apparently less than 18 years of age if the person's age cannot be proved.
"child", for a Court order, see section 88(2)(e).
"child", for Court proceedings, see section 88(2)(d).
"Child Deaths Register" means the Child Deaths Register established by section 212(1).
"child deaths", see section 208.
"child is in the CEO's care", see section 67(1).
"child is in need of protection", see section 20.
"child leaves the CEO's care", see section 67(2).
"child protection order", for Part 2.4, see section 153.
"child protection proceeding", for Part 2.4, see section 153.
"child-related authority", see section 37(1).
"child-related employment", see section 185.
"child-related services" means services that:
(a) are provided to one or more of the following:
(i) a child (whether or not in need of protection) or young person who has left the CEO's care;
(ii) someone who is related to or is a family member of the child or person;
(iii) an organisation representing the interests of the child or person;
(iv) an organisation representing a community of which the child or person is a member; and
(b) are in the nature of social services that relate to one or more of the following:
(i) the prevention of harm to, or exploitation of, a child;
(ii) the protection of a child;
(iii) services for the care or support of a child and the child's family (including domestic support services);
(iv) a placement arrangement;
(v) medical or other health-related services;
(vi) information and advisory services;
(vii) counselling services;
(viii) advocacy services;
(ix) mediation services.
"child-related work", see section 185(2).
"child welfare law", for Part 2.4, see section 153.
"Children's Court", for Part 2.4, see section 153.
"clearance notice" means a clearance notice issued under section 189(3)(a).
"Commissioner" means the person holding or occupying the office of Children's Commissioner established by section 259.
"Commissioner's staff" means the staff of the Commissioner as defined in section 293.
"Committee" means the Child Deaths Review and Prevention Committee established by section 209(1).
"complainant" means a person who makes a complaint.
"complaint" means a complaint, or a Part of a complaint, made under section 263.
"contact" includes:
(a) any form of physical contact; and
(b) any form of oral communication, whether face-to-face or by other means; and
(c) any form of written communication.
"Convenor" means the person holding or occupying the office of Convenor of the Committee mentioned in section 209(4).
"Court", see section 88(2)(a).
"Court order", see section 88(2)(c).
"Court proceedings", see section 88(2)(b).
"criminal history" means a criminal record as defined in section 3(1) of the Criminal Records (Spent Convictions) Act .
"customary law or tradition" includes:
(a) Aboriginal customary law; and
(b) Aboriginal tradition.
"daily care and control", of a child, see section 21.
"daily care and control direction", see section 123(1)(b).
"Department" means the Agency administering this Act.
"disability", see section 2(1) of the Disability Services Act .
"educational institution", see section 61 of the Education Act .
"engage", for child-related employment, see sections 185 and 186.
"exploitation", see section 16.
"family", see section 19.
"family matters jurisdiction", see section 88.
"harm", see section 15.
"health practitioner" means a person registered under:
(a) the Health Practitioner Regulation National Law to practise a health profession (other than as a student); or
(b) the Health Practitioners Act .
"health services", see section 4(1) of the Health and Community Services Complaints Act .
"holder" means the person to whom a licence is granted.
"home order", for Part 2.4, see section 153.
"home proceeding", for Part 2.4, see section 153.
"hospital" includes:
(a) a hospital as defined in section 5 of the Medical Services Act ; and
(b) a private hospital as defined in section 4A of the Private Hospitals Act .
"identity card" means an identity card issued under section 305.
"interim care plan", see section 76(2).
"interim order", for Part 2.4, see section 153.
"interstate law", for Part 2.4, see section 153.
"interstate officer", for Part 2.4, see section 153.
"investigation" means an investigation by the Commissioner under Part 5.1.
"local government council" means a council constituted under the Local Government Act .
long-term parental responsibility direction , see section 123(1)(d).
"matter to which the complaint relates", see section 264(3).
matter to which an investigation relates means:
(a) for the investigation of a complaint – the matter to which the complaint relates; or
(b) for an investigation initiated by the Commissioner – a failure of a kind mentioned in section 264(1)(a) or (b) to which the investigation relates.
"mediation conference" means:
(a) for a conference arranged by the CEO – see section 49;
(b) for a conference ordered by the Court – see section 127 or 139(1)(e).
"member" means a member of the Committee mentioned in section 209.
"mentally disturbed", see section 4 of the Mental Health and Related Services Act .
"mental illness", see section 6 of the Mental Health and Related Services Act .
"misleading information" includes information that is misleading because the information:
(a) does not contain relevant information; or
(b) contains misinformation.
"obstruct" includes resist and hinder.
"operator of child-related services" means a person who controls an operation for the provision of child-related services.
parent :
(a) for Part 2.4, see section 153; or
(b) otherwise – see section 17.
"parental responsibility", see section 22.
"participating State", for Part 2.4, see section 153.
"placement arrangement", see section 78.
"protection order" means an order made under section 128(1).
"provisional protection", see section 51.
"public authority" means any of the following:
(a) an Agency;
(b) the Police Force;
(c) a local government council;
(d) an office or body (whether incorporated or not) established for a public purpose by or under a law of the Territory;
(e) any other entity established for a public purpose (including a non-government organisation) that is prescribed by regulation.
"regulation" means a regulation made under this Act.
"relative", see section 18.
required services :
(a) for a complaint – see section 264(1)(a) and (2); or
(b) for an investigation initiated by the Commissioner – the services mentioned in section 264(1)(a) or (2) to which the investigation relates.
responsible Agency :
(a) for a complaint – see section 267(3), definition "responsible Minister", paragraph (a); or
(b) for an investigation initiated by the Commissioner – the Agency directly or indirectly responsible for providing, or funding or administering the funding of, any required services to which the investigation relates.
responsible Minister :
(a) for a complaint – see section 267(3); or
(b) for an investigation initiated by the Commissioner – the minister who has administrative responsibilities for the responsible Agency, or a responsible service provider, to which the investigation relates.
responsible service provider :
(a) for a complaint – see section 264(1)(a); or
(b) for an investigation initiated by the Commissioner – a service provider mentioned in section 264(1)(a) to which the investigation relates.
"school", see section 4(1) of the Education Act .
"sending State", for Part 2.4, see section 153.
"service provider", for a vulnerable child, means:
(a) a public authority, or another person or body acting for or under an arrangement with a public authority, who has taken or is taking an action in relation to the child as a vulnerable child; or
(b) without limiting paragraph (a) – an operator of child-related services, or an approved provider of an education and care service operated under the Education and Care Services National Law (NT) , who provides, or is required to provide, services in relation to the child as a vulnerable child;
other than a public authority, person or body prescribed by regulation, or a court.
"sexual offence", see section 3 of the Sexual Offences (Evidence and Procedure) Act .
short-term parental responsibility direction , see section 123(1)(c).
"State", for Part 2.4, see section 153.
"supervision direction", see section 123(1)(a).
"team" means a review team established under section 295.
"temporary placement arrangement" means an arrangement mentioned in section 46.
"temporary protection order" means a temporary protection order made under section 105.
"underlying principles of this Act", see section 6.
"vulnerable child", see section 258(2) to (4).
"wellbeing of a child", see section 14.
(a) for Part 2.4, see section 153; or
(b) otherwise – means a day that is not a Saturday, Sunday or public holiday as defined in the Public Holidays Act .
young person who has left the CEO's care , see section 68.