CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 18 Secretary may authorise principal officer of Aboriginal agency to act

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 18

    (1)     The Secretary, in writing, may authorise the principal officer of an Aboriginal agency to perform specified functions and exercise specified powers referred to in subsection (2) in respect of any of the following—

        (a)     an Aboriginal child;

        (b)     a child or class of children who the Secretary believes to be an Aboriginal child or Aboriginal children;

        (c)     if an authorisation has been made under this subsection in relation to an Aboriginal child, a non-Aboriginal child who is a sibling of that Aboriginal child;

        (d)     if an authorisation has been made under this subsection in relation to a child or class of children who the Secretary believes to be an Aboriginal child or Aboriginal children, a non-Aboriginal child who is a sibling of that child or those children.

    (2)     The functions and powers that may be specified are—

        (a)     functions and powers conferred by or under this Act on the Secretary as a protective intervener; and

        (b)     functions and powers conferred by or under this Act on the Secretary to receive reports under section 185 and to investigate those reports; and

        (c)     functions and powers conferred by or under this Act on the Secretary in relation to a protection order or relevant order.

    (3)     An authorisation under this section may only be made with the agreement of the Aboriginal agency and the principal officer.

    (4)     Before giving an authorisation, the Secretary must provide the Aboriginal agency and the principal officer with all information that is known to the Secretary and that is reasonably necessary to assist the Aboriginal agency and the principal officer to make an informed decision as to whether or not to agree to the authorisation.

    (5)     The principal officer may only be authorised if the principal officer is an Aboriginal person.

    (6)     Before giving an authorisation under subsection (1)(a) or (c), the Secretary must have regard to any view expressed by the child and the parent of the child if those views can be reasonably obtained.

    (7)     On an authorisation being given, this Act applies in relation to the performance of the specified function or the exercise of the specified power as if the principal officer were the Secretary.

    (8)     In this section—

"relevant order" means—

        (a)     a temporary assessment order; or

        (b)     an interim accommodation order; or

        (c)     a therapeutic treatment order; or

        (d)     a therapeutic treatment (placement) order; or

        (e)     a permanent care order.

S. 18AAA inserted by No. 17/2023 s. 7.