Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 727AA

    (1)     This section applies if—

        (a)     a proceeding before a court involves a matter arising under the care and protection chapters; and

        (b)     the matter is also the subject of a discrimination complaint made by a party to the proceeding in relation to the Discrimination Act 1991

, section 23C.

    (2)     The court may, on application by a party to the proceeding (the  applicant ) or its own initiative, by order make a declaration (a  conflict declaration ) if satisfied that dealing with the discrimination complaint may interfere with the proceeding.

Note     A declaration suspends the complaint process under the Human Rights Commission Act 2005

(see s 52C).

    (3)     The applicant must serve notice of the application on each affected entity as soon as practicable before the application is made.

    (4)     The court may order a party to the proceeding to notify an affected entity of the following:

        (a)     the outcome of an application;

        (b)     the making or revocation of a conflict declaration.

    (5)     In this section:

"affected entity" means—

        (a)     the human rights commission; and

        (b)     if the discrimination complaint has been referred to the ACAT—the ACAT.

"discrimination complaint"—see the Human Rights Commission Act 2005

, section 42 (1) (c).