Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 20

Long-term care responsibility for children and young people

    (1)     A person who has long-term care responsibility for a child or young person has—

        (a)     responsibility for the long-term care, protection and development of the child or young person; and

        (b)     all the powers, responsibilities and authority a guardian of a child or young person has by law in relation to the child or young person.

Examples—long-term care responsibilities

1     administration, management and control of the child's or young person's property

2     religion and observance of racial, ethnic, religious or cultural traditions

3     obtaining or opposing the issuing of a passport for the child or young person

4     long-term decisions about education, training and employment

    (2)     A person who has long-term care responsibility for a child or young person may, on the advice of a health practitioner, consent to health care treatment that involves surgery for the child or young person.

Note     Consent to minor dental surgery may be given by a person who has daily care responsibility for the child or young person (see s 19 (2) (c)).

    (3)     This section does not limit the matters for which the person has responsibility in relation to the child or young person, but is subject to—

        (a)     a court order (under this Act or another law); and

        (b)     if there is a care plan in force for the child or young person—the care plan.

Note 1     The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision giving long-term care responsibility for the child or young person to someone, or removing the responsibility from someone, or stating how someone may exercise the responsibility (see pt 14.6).

Note 2     A care plan for a child or young person is a written plan of the director-general's proposals for the care and protection of the child or young person (see  s 455).

    (4)     To remove any doubt, this section does not affect any right of a child or young person to consent to their own health care treatment.



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