Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 778

    (1)     This section applies if the director-general is satisfied that there is an immediate danger to the health or safety of a child being cared for by a childcare service.

Note     An authorised person may, at any reasonable time, enter premises if a licensed childcare service is operating on the premises or the director-general suspects on reasonable grounds that a childcare service is operating on the premises (see  s 817).

    (2)     The director-general may—

        (a)     remove the child from the premises where the childcare service is operating; and

        (b)     also remove from the premises anything reasonably required for the child's care; and

        (c)     arrange for the child to be—

              (i)     returned to the care of a person with daily care responsibility for the child; or

              (ii)     temporarily cared for by a licensed childcare service.

Examples—par (b)

1     the child's nappies

2     the child's food

3     medication for the child provided by child's parent

4     contact details of a person with daily care responsibility for the child

5     information about the child's medical conditions

Note     A parent of a child has daily care responsibility for the child unless that aspect of parental responsibility has been transferred to someone else (see  s 16 and s 17). Daily care responsibility for a child may also be shared with someone else (see  s 18).

    (3)     If the director-general arranges for the child to be temporarily cared for by a licensed childcare service, the director-general must take all reasonable steps to tell a person with daily care responsibility for the child—

        (a)     that the child is being temporarily cared for by a licensed childcare service; and

        (b)     the reason for the temporary care; and

        (c)     the location of the child.

    (4)     If the director-general removes something required for a child's care under subsection (2) (b), the director-general must take all reasonable steps to ensure that the thing is used for the child's care and returned to its owner when no longer needed.

Notes to ch 21

In making a decision under this chapter for a child or young person, the decision-maker must regard the best interests of the child or young person as the paramount consideration (see  s 8).

In making a decision under this chapter otherwise than for a particular child or young person, the decision-maker must consider the best interests of children and young people (see  s 8).