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This is a Bill, not an Act. For current law, see the Acts databases.


CHILDREN AND YOUNG PEOPLE AMENDMENT BILL 2012 (NO 2)

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Disability, Children and Young People)

Children and Young People Amendment Bill 2012 (No 2)



Contents

Page













2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Disability, Children and Young People)

Children and Young People Amendment Bill 2012 (No 2)

A Bill for

An Act to amend the Children and Young People Act 2008









The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Children and Young People Amendment Act 2012 (No 2).

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Children and Young People Act 2008

.

4 Managing use of force

New section 223 (3A) and (3B)

insert

(3A) The director-general must give notice to a treating doctor or a nurse if force is used in relation to a young detainee.

(3B) However, subsection (3A) does not apply to the planned use of restraint in relation to a young detainee when the detainee is outside a detention place.

Example

the use of handcuffs on a young offender who has been assessed as being at risk of attempting to escape while being transported to court

5 Section 223 (5)

omit

child or young person

substitute

young detainee

6 Strip searches directed by director-general

Section 258 (1) (a) (ii)

omit

or good order

7 Body searches directed by director-general

Section 264 (1) (b)

omit

or good order

8 Revocation of foster carer’s authorisation

New section 523 (1) (d) and (e)

after the note, insert

(d) has not acted as a foster carer in the previous 12 months; or

(e) is no longer available to act as a foster carer.

Example

the foster carer has moved and reasonable efforts to locate the foster carer have been unsuccessful

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

9 Revocation of residential care service’s authorisation

New section 524 (1) (d) and (e)

after the note, insert

(d) has not acted as a residential care service in the previous 12 months; or

(e) is no longer available to act as a residential care service.

Example

an entity closes its residential care service places in the ACT

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

10 Children and young people deaths register

Section 727N (4), except examples and note

substitute

(4) The CYP death review committee must not include any information on the register about the cause or circumstances of the death of a child or young person until any coronial inquest or review by the Territory has ended.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 29 November 2012.

2 Notification

Notified under the Legislation Act

on 2012.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.











































© Australian Capital Territory 2012

 


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