Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 339

    (1)     This section applies if the Childrens Court, the director-general or a police officer—

        (a)     has dealt with a person as a child or young person; and

        (b)     finds out that the person is not a child or young person.

    (2)     Any order or agreement under the care and protection chapters applying to the person stops applying to the person.

    (3)     No further proceeding may be taken under the care and protection chapters in relation to the person.

    (4)     If the person—

        (a)     is in a hospital or place of care under a provision of the care and protection chapters—the provision ceases to apply to the person and the person must be released; and

        (b)     is being confined at an intensive therapy place under an intensive therapy order—the person must be released.

Note     An official, or anyone engaging in conduct under the direction of an official, is not civilly liable for conduct engaged in honestly and without recklessness in the exercise of a function under this Act or in the reasonable belief that the conduct was in the exercise of a function under this Act. Any liability that would attach to an official attaches instead to the Territory (see s 878).

    (5)     This section does not apply to part 15.5 (Transition from out-of-home care).