CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999)

Australian Capital Territory Numbered Acts

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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999)

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARYPART 1--INTRODUCTORY

1. Short title
2. Commencement

PART 2--INTERPRETATION

3. Definitions—the dictionary etc
4. Orders in favour of a person
5. Meaning of carer

PART 3--APPLICATION OF THE ACT

6. Application of Act generally
7. Who is a child?
8. Who is a young person?
9. Children and young people to whom this Act applies

PART 1--GENERAL OBJECTS

10. Objects

PART 2--PRINCIPLES APPLYING TO THE ACT

11. Application of principles
12. General principles
13. How to apply the best interests principle
14. Indigenous children and young people principle
15. Indigenous placement principle

PART 3--PARENTAL RESPONSIBILITY

16. Meaning of court order for Part 3
17. What is parental responsibility?
18. Who has parental responsibility?
19. Who can exercise parental responsibility for a child or young person?
20. Parental responsibility for day-to-day care, welfare and development
21. Parental responsibility for long-term care, welfare and development
22. Entitlement to take part
23. Chapters 6 and 7—general representation of child or young person
24. Chapters 6, 7 and 8—legal representation of child or young person
25. Applications may be heard together

CHAPTER 4--ADMINISTRATIONPART 1--CHIEF EXECUTIVE

26. Functions and general powers of chief executive
27. Duties and particular powers of chief executive
28. Who can the chief executive get help from?
29. Power to give and receive information
30. Power to enter agreements for general exercise of parental responsibility
31. Authorisation to exercise parental responsibility for particular child or young person
32. Monitoring children and young people for whom chief executive has parental responsibility
33. After care assistance
34. Delegation

PART 2--CHILDRENS SERVICES COUNCIL

35. Childrens Services Council
36. Members of the council
37. Chairperson
38. Meetings of the council
39. Termination of appointment of members
40. Advice and assistance by chief executive and community advocate

PART 3--OTHER OFFICIALS

41. Official visitor
42. Functions of official visitor
43. Making and hearing complaints
44. No requirement to investigate complaint
45. Assistance for community advocate
46. Giving information protected
47. Suitable entities
48. Officers
49. Identity cards
50. Childrens Court Magistrates
51. Restriction on assignment to act as Childrens Court Magistrate
52. Arrangement of business of court
53. Childrens Court
54. General jurisdiction of Childrens Court
55. Decisions about jurisdiction by reference to age
56. Procedure of Childrens Court
57. Matters before Childrens Court
58. Forms
59. Orders about service
60. Attendance of parents at court
61. Proceedings not open to public
62. Court may excuse parties from attendance

PART 1--INTERPRETATION

63. Definitions
64. Meaning of young offender
65. Meaning of State institution
66. Special meaning of young person in Chapter 6

PART 2--WITHIN THE TERRITORY

67. Saving of other laws
68. Principles
69. Decisions about criminal jurisdiction by reference to age
70. Proceedings where young person jointly charged with adult
71. Age of criminal responsibility
72. Power to apprehend under-age children
73. Powers of court with respect to reports
74. Reports to be made available
75. Care and protection considerations
76. Definitions
77. Meaning of under restraint
78. Committing an offence
79. Interviewing young people
80. Notification of arrest
81. Limitations in respect of criminal proceedings against young people
82. Procedure by summons
83. Charge against young person—informing person with parental responsibility
84. Identifying material
85. Detention of young people
86. Private property
87. Bringing arrested young people before court
88. Exclusion of evidence unlawfully obtained
89. Summary disposal of certain cases
90. Committal for trial in certain cases
91. Young person may elect to be committed for trial
92. Committal of guilty young person to Supreme Court
93. Childrens Court to give reasons
94. Remission of matter by Supreme Court
95. Transfer to the Mental Health Tribunal

Division 3--—Disposition of young offenders

96. Disposition of young offenders
97. Early release
98. Disposition without proceeding to conviction
99. Prohibition on certain orders
100. Variation or revocation of conditional discharge order
101. Fines and similar orders
102. Enforcement of payment of fines etc
103. Breach of certain orders for reparation or compensation
104. Probation orders
105. Probation orders—entry and inspection by supervisor
106. Community service orders
107. Duties of young offender under community service order
108. Contravention of community service orders
109. Contravention of community service and conditional discharge orders
110. Attendance centre orders
111. Duties of young person under attendance centre order
112. Contravention of attendance centre orders
113. Compensation
114. Residential orders
115. Contravention of residential order
116. Contravention of probation, community service, attendance centre or residential orders
117. Revocation and variation of certain orders
118. Referral to Mental Health Tribunal following conviction

Division 4--—Transfer between institutions

119. Meaning of transfer direction
120. Transfer directions
121. Reporting transfers
122. Temporary custody prior to transfer between institutions

Division 5--—Miscellaneous

123. Powers of Supreme Court
124. Adjournment of criminal proceedings
125. Placing in shelter or remand centre
126. Young people in remand centres
127. Remission of time to be spent in institution
128. Special purpose leave
129. Medical examinations and surgical operations
130. Other rights and freedoms not affected
131. Royal prerogative of mercy not affected

PART 3--INTERSTATE TRANSFER

Division 1--—Interstate transfer generally

132. Definitions
133. General agreements with other jurisdictions
134. Arrangements for transfer—general
135. Power to arrange for transfers
136. Arrangement not to be made if facilities not adequate
137. Provisions to be contained in each arrangement
138. Reporting of transfers
139. Transfer order
140. Temporary custody pending interstate transfer
141. Transfer to Territory in temporary control of escort
142. Escape from temporary control of young offender being transferred from Territory

Division 2--—Transfer of sentence or order

143. Transfer from Territory of sentence or order
144. Transfer to Territory of sentence or order

Division 3--—Transit through Territory

145. Lawful custody for transit through Territory
146. Escape from temporary control
147. Search warrants

Division 4--—Revocation of transfer orders

148. Revocation of transfer order on escape from temporary control
149. Revocation of transfer order by chief executive
150. Reports etc

PART 1--GENERAL

151. Meaning of abuse and neglect
152. Meaning of contact
153. Meaning of former caregiver
154. Person apparently a child or young person
155. Chapter ceases applying when young person becomes adult
156. In need of care and protection
157. Effect of conduct outside Territory
158. Voluntary reporting
159. Mandatory reporting
160. Report other than in good faith
161. Action on report
162. Records
163. Protection of people making reports
164. Protection of community advocate and person providing information to community advocate

PART 2--VOLUNTARY ACTION

165. Definitions
166. Facilitators
167. Register
168. Purpose of conferences
169. Action by facilitator
170. Financial assistance
171. Conduct of conference
172. Agreements arising from conferences
173. Outcome of conference
174. Action by chief executive
175. Application for registration
176. Registration of agreements
177. Effect of registration
178. Review of arrangements for care and protection of child or young person
179. People with parental responsibility who cannot be found
180. Publication of information concerning conferences
181. Meaning of party
182. Voluntary care agreements
183. Extending voluntary care agreements
184. Longer agreements allowed for certain young people
185. Agreements not void
186. Early termination
187. Action on expiration or termination
188. Parental contributions
189. Child protection appraisals
190. Special assessment
191. Restrictions on special assessment of children and young people
192. Assistance with assessment
193. Report

PART 3--CARE AND PROTECTION ORDERS AND EMERGENCY ACTION

194. Definitions
195. Basis for orders
196. Applications by other people
197. Burden of proof
198. Information not required to be disclosed
199. Orders in relation to third parties
200. Contents of care and protection applications
201. Cross applications for care and protection orders
202. Restriction on leave to cross apply
203. Interim care and protection orders
204. Court order not limited by terms of care and protection application
205. When can the court make a domestic violence order or a restraining order?
206. Contact orders
207. Residence orders
208. Temporary absence
209. Supervision order
210. Failure to comply with care and protection orders
211. Initial consideration of applications
212. Consideration of applications
213. Period of effect of short care and protection orders
214. Extension, variation or revocation of orders
215. Applications for assessment orders
216. Cross applications on assessment orders
217. Assessment orders
218. Restrictions on making assessment orders
219. Assistance with assessment
220. Report
221. Childrens Court may act on recommendations
222. Taking emergency action
223. Emergency action by police officer
224. Parental responsibility following emergency action
225. Keeping and losing parental responsibility
226. Notice of emergency action
227. Action by chief executive
228. Early initial consideration of care and protection application
229. Contact with siblings and people with parental responsibility
230. Record of action
231. Application for release of child or young person
232. Effect of Division on other powers of chief executive
233. What is therapeutic protection?
234. Restriction on provision of therapeutic protection
235. Therapeutic protection orders
236. Restriction on making, varying and extending
237. Action by chief executive under therapeutic protection order
238. Restriction on cross application
239. Application for variation or revocation of therapeutic protection order
240. Time for hearing and deciding applications
241. Limitations on restricting contact
242. Separation of children and young people from offenders
243. Provision of schedule of therapeutic protection
244. Therapeutic protection order made as final care and protection order
245. Review
246. Specific issues orders
247. Restriction on cross application
248. Notice of making, varying or extending certain specific issues orders
249. Initial consideration of applications
250. Restriction on cross application
251. Before application adjourned
252. Court ordered meeting
253. Variation of interim orders
254. Appeal from assessment and specific issues interim orders
255. Final care and protection orders
256. Therapeutic protection order made as final care and protection order
257. Parental responsibility
258. Restriction on making final care and protection orders
259. What is a care plan?
260. Enduring parental responsibility orders
261. Restriction on making enduring parental responsibility orders
262. Effect of enduring parental responsibility order on others with parental responsibility
263. Financial contributions and burdens
264. Application for variation and revocation of orders
265. Variation and revocation of orders
266. Continuation of existing orders
267. Chief executive to report
268. Waiving of obligation to give report
269. Failure to give report
270. Circumstances in which child or young person may be taken into safe custody
271. Court's powers in relation to child or young person taken into safe custody
272. Opportunity for child or young person to be heard
273. Court informing self of child's or young person's wishes
274. No requirement to express views or wishes
275. Applications—scheduled matters
276. Accompaniments to applications
277. Form of statements and reports
278. Oral applications
279. Ex parte proceedings
280. Parties
281. Nonattendance of party
282. Joining parties—court initiated
283. Joining parties—on application
284. Joined parties—filed material
285. Removal of parties
286. Notice of address for service
287. Representation
288. Procedure at hearing
289. Reasons for decisions
290. Service of orders
291. Court may inform self as appropriate
292. Court may call witnesses
293. Child or young person as witness
294. Restriction on taking evidence
295. Withdrawal or discontinuance of applications
296. Consent orders
297. Costs

PART 1--PRELIMINARY

298. Object of Chapter
299. Definitions

PART 2--TRANSFER OF CERTAIN CHILD CARE AND PROTECTION ORDERS

300. When chief executive may transfer order
301. People whose consent is required
302. Notification to child or young person and people with parental responsibility
303. Limited period for review of decision
304. When court may make an order under this Division
305. Service of application
306. Type of order
307. Court to have regard to certain matters
308. Court must consider report from chief executive
309. Appeals

PART 3--TRANSFER OF CHILD CARE AND PROTECTION PROCEEDINGS

310. When court may make order under this Part
311. Service of application
312. Court to have regard to certain matters
313. Interim order
314. Appeals

PART 4--REGISTRATION

315. Filing and registration of interstate documents
316. Notification by appropriate registrar
317. Effect of registration
318. Revocation of registration

PART 5--MISCELLANEOUS

319. Effect of registration of transferred order
320. Transfer of court file
321. Special provision with respect to Maori children and young people
322. Hearing and determination of transferred proceeding
323. Disclosure of information

PART 1--GENERAL

324. Definitions
325. Objects
326. Principles
327. What is a childrens service?
328. What is a child care centre?
329. What is a family day care scheme?
330. Situations where Chapter does not apply
331. Exemptions

PART 2--APPROVALS IN PRINCIPLE AND LICENCES

332. Deciding if suitable
333. Duty of disclosure
334. Register
335. Advertising intention to apply
336. Application
337. Eligibility for approval in principle
338. Grant or refusal of approval in principle
339. Certificate of approval in principle
340. Term
341. Chief executive to report

Division 3--—Licences

342. Advertising intention to apply
343. Application
344. Eligibility for licence
345. Grant or refusal of licence
346. Application for renewal
347. Renewal
348. Adjacent premises
349. Variation of an approval in principle or a licence
350. Cancellation of an approval in principle or a licence
351. Return of certificate or licence
352. Change of controlling person

PART 3--ENFORCEMENT

353. Reporting breach
354. Records
355. Powers of entry
356. Offence related search and seizure at licensed premises
357. Entry to premises of unlicensed service—search warrant
358. Notice to enforce requirements
359. Power to suspend operation if service unsafe
360. Removal of children in emergency

PART 4--OFFENCES

361. Provision of care as part of family day care scheme
362. Carrying on unapproved or unlicensed childrens service at child care centre
363. Advertising certain childrens services
364. Contravention of condition of approval in principle or licence
365. Offences in relation to approval in principle or licence documents
366. Obligations on proprietors, controlling people and carers
367. Meaning of young child
368. Employing a child or young person
369. Employment of children and young people in certain businesses etc
370. Employment of young children
371. Light work excepted
372. Family businesses excepted
373. Employment not to interfere with schooling etc
374. Dangerous employment
375. Regulation of employment of children and young people
376. Duty of employers of children and young people
377. Child or young person not to render certain measures ineffective
378. Part subject to certain provisions of Education Act
379. Meaning of order
380. Appeal to Supreme Court
381. Application of Magistrates Court Acts
382. Barring of appeal if order to review granted
383. Orders that Supreme Court may make
384. Review of decisions
385. Decision to refuse to grant licence may not be stayed or otherwise affected pending outcome of review
386. Presumption of age
387. False statements
388. Tattooing of children and young people
389. Offences in relation to child or young person subject to an order
390. Offence to harbour or conceal child or young person
391. Obstruction
392. Impersonation and false representations
393. Things connected with offences
394. Extended meaning of offence
395. Search and seizure
396. Search warrants
397. Entry in emergencies
398. Consent to entry
399. Power to conduct personal search of child or young person
400. Rules for conduct of personal search
401. Safekeeping of things seized
402. Making standards
403. Publication in Gazette
404. Confidentiality generally
405. Information required not to be disclosed
406. Civil liability
407. Immunity from suit
408. Understanding proceedings
409. Right of appearance
410. Power of person without parental responsibility
411. Notification of location of child or young person
412. Declaration of attendance centres, institutions and shelters
413. Child's or young person's name may be given
414. Chief executive to notify births in some circumstances
415. Evidentiary certificates
416. Determination of fees
417. Regulations
418. Review
419. Definitions
420. Repeal of Children's Services Act
421. Things done by Minister or director before the commencement day
422. First meeting of the Childrens Services Council
423. Orders naming director
424. Childrens Court Magistrate
425. Parts 4 and 4A of the repealed Act
426. Emergency action—s 73 and s 74 of repealed Act
427. Emergency action—s 75 and s 76 of repealed Act
428. CSA applications
429. Community advocate a party
430. Procedural changes in relation to CSA applications
431. Adjournment orders under CSA
432. Length of s 81 orders
433. Final care orders in force immediately before commencement day
434. Declarations made immediately before commencement day
435. Information laid for warrant
436. Access orders
437. Periodical review of orders
438. Notations
439. Undertakings
440. Child care centres
441. Suspension of licences and directions to comply
442. Family day care schemes
443. Attendance centres, institutions and shelters
444. AAT Appeals
445. Modification of Chapter's operation
446. Expiry of Chapter
SCHEDULE 2
DICTIONARY

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