Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• administrative appeals tribunal
• administrative unit
• adult
• chief executive (see s 163)
• chief police officer
• children and young people commissioner
• Childrens Court
• corrections officer
• dentist
• director of corrective services
• disallowable instrument (see s 9)
• doctor
• domestic partner (see s 169 (1))
• entity
• Executive
• function
• human rights commission
• indictable offence (s 190)
• individual
• in relation to
• intersex person (see s 169B)
• judge
• lawyer
• legal aid commission
• magistrate
• mental health tribunal
• midwife
• Minister (see s 162)
• notifiable instrument (see s 10)
• nurse
• ombudsman
• parent
• penalty unit (see s 133)
• police officer
• privacy commissioner
• public advocate
• public employee
• public servant
• State
• statutory office holder
• territory authority
• territory instrumentality
• the Territory
• transgender person (see s 169A (1) and (2))
• working day.
"Aboriginal" means a person who—
(a) is a descendant of the indigenous inhabitants of Australia; and
(b) either—
(i) for any person—regards himself or herself as an Aboriginal; or
(ii) if the person is a child—is regarded as an Aboriginal by a parent or family member; and
(c) is accepted as an Aboriginal by an Aboriginal community.
"Aboriginal and Torres Strait Islander" "organisation" means an organisation whose purpose is to represent the interests of Aboriginal and Torres Strait Islander people.
"abuse", of a child or young person—see section 342.
"accredited person"—
(a) in relation to a young detainee, for chapter 6 (Criminal matters—detention places)—see section 137; and
(b) for a child or young person in therapeutic protection, division 16.3.3—see section 576.
"accused detainee", for chapter 8 (Criminal matters—discipline at detention places)—see section 286.
"administrator", for chapter 8 (Criminal matters—discipline at detention places)—see section 286.
"admission", of a young detainee to a detention place, for part 6.4 (Admission to detention places)—see section 155.
"affected child", for division 20.4.3 (Childcare service licences—suspension and cancellation)—see section 759.
"allegation report", for chapter 8 (Criminal matters—discipline at detention places)—see section 293.
"annual review report", for a reviewable care and protection order, for chapter 14 (Care and protection—care and protection orders )—see section 494.
"application", for chapter 19 (Care and protection—provisions applying to all proceedings under care and protection chapters)—see section 695.
"appraisal order", for the care and protection chapters—see section 372.
"approved research project", for chapter 22 (Research involving children and young people)—see section 805.
"assessment order", for the care and protection chapters—see section 436.
"at risk of abuse or neglect", in the care and protection chapters—see section 344.
"authorised assessor"—see section 438.
"authorised person"—see section 26.
"behaviour breach"—see section 287.
"behaviour management consequence"—
(a) for part 8.3 (Dealing with minor behaviour breaches)—see section 298; and
(b) for part 8.4 (Disciplinary action—behaviour breach charged)—see section 318.
"behaviour management framework", for chapter 8 (Criminal matters—discipline at detention places)—see section 286.
"body" includes an agency or organisation.
"body search—"
(a) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246; and
(b) for part 16.3 (Children and young people in therapeutic protection)—see section 588.
"cancellation notice", for chapter 20 (Childcare services)—see section 766.
"care and protection appraisal"—see section 366.
"care and protection assessment", for the care and protection chapters—see section 367.
"care and protection chapters"—see section 336.
"care and protection order"—see section 422.
"care and protection principles"—see section 350.
"care entities", for division 15.4.3 (Information to be kept by foster carers and residential care services)—see section 526.
"care plan"—see section 455.
"case management plan", for chapter 6 (Criminal matters—detention places)—see section 137.
"charge", for chapter 8 (Criminal matters—discipline at detention places)—see section 286.
"charge notice", for chapter 8 (Criminal matters—discipline at detention places)—see section 296.
"child"—see section 11.
"childcare centre"—see section 733.
"childcare service"—see section 732.
"childcare service licence", for chapter 20 (Childcare services)—see section 728.
"childcare services standards"—see section 887 (2) (e).
"childcare worker", for chapter 20 (Childcare services)—see section 728.
"child concern report", for part 11.1 (Care and protection—reporting abuse and neglect)—see section 353.
"children and young people employment standards"—see section 887 (2) (f).
"child welfare law", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 640.
"child welfare order", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 638.
"child welfare proceeding", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 639.
"compliance notice", for chapter 20 (Childcare services)—see section 760.
"compliance suspension notice", for chapter 20 (Childcare services)—see section 761.
"conduct"—see the Criminal Code, section 13.
"confidential report"—see section 876.
"connected", for chapter 23 (Enforcement)—see section 812.
"contact"—see section 348.
"contact provision", in a care and protection chapter—see section 485.
"contrary to the best interests of a child or young person", for chapter 21 (Employment of children and young people)—see section 780.
"controlled drug"—see the Criminal Code, section 600.
"controlling person", for a childcare service or proposed childcare service, for chapter 20 (Childcare services)—see section 736.
"court", for part 25.4 (Courts and investigative entities)—see section 864.
"court cell" means a cell (however described) for the detention of a person at a court.
"criminal matters chapters"—see section 91.
"daily care responsibility"—see section 19.
"dangerous thing", for part 16.3 (Children and young people in therapeutic protection)—see section 590.
"decision-maker" includes any court exercising jurisdiction under this Act.
"detention place" means a place declared to be a detention place under section 142.
"disciplinary action", for chapter 8 (Criminal matters—discipline at detention places)—see section 317.
"divulge", for chapter 25 (Information secrecy and sharing)—see section 842.
"domestic violence", for division 14.3.5 (Orders under Domestic Violence and Protection Orders Act)—see section 458.
"drug", for Part 6.7 (Alcohol and drug testing)—see section 235.
"drug of dependence"—see the Drugs of Dependence Act 1989, section 3 (1).
"drug testing standards"—see section 887 (2) (b).
"drug use provision", in a care and protection order, for the care and protection chapters—see section 488.
"DVPO final protection order", for division 14.3.5 (Orders under Domestic Violence and Protection Orders Act)—see section 458.
"DVPO interim protection order", for division 14.3.5 (Orders under Domestic Violence and Protection Orders Act)—see section 458.
"DVPO protection order", for division 14.3.5 (Orders under Domestic Violence and Protection Orders Act)—see section 458.
"educational institution", for chapter 21 (Employment of children and young people)—see section 780.
"emergency action"—see section 405.
"emergency action release order"—see section 416.
"employment", for chapter 21 (Employment of children and young people)—see section 781.
"employment conditions notice", for chapter 21 (Employment of children and young people)—see section 790.
"employment prohibition notice", for chapter 21 (Employment of children and young people)—see section 788.
"enduring parental responsibility provision", in the care and protection chapters—see section 481.
"engage in conduct"—see the Criminal Code, section 13.
"entitled child or young person", for part 2.3 (Official visitors)—see section 37.
"escort officer" means—
(a) a police officer; or
(b) a corrections officer; or
(c) a youth detention officer.
"ethics committee", for chapter 22 (Research involving children and young people)—see section 805.
"external reviewer"—
(a) for division 6.6.3 (Segregation)—see section 204; and
(b) for division 8.4.3 (External review of internal review decisions)—see section 308.
"family day care scheme"—see section 734.
"family group conference"—see section 75.
"family group conference agreement"—see section 76.
"family group conference facilitator"—see section 78.
"family group conference outcome report", for chapter 3 (Family group conferences)—see section 88.
"family group conference standards"—see section 887 (2) (a).
"family member", of a person—see section 13.
"former caregiver", of a child or young person, for the care and protection chapters—see section 347.
"foster carer", for a child or young person—see section 510.
"foster care service"—see section 515.
"frisk search"—
(a) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246; and
(b) for part 16.3 (Children and young people in therapeutic protection)—see section 586.
"general parental authority"—see section 515.
government agency for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 637.
"harmful conduct", engaged in by a child or young person—see section 533.
"health care assessment" means an assessment of the child's or young person's physical or mental wellbeing (including admission to hospital).
"health care treatment" means treatment of an illness, disability, disorder or condition by a health professional.
"health facility" means a hospital or other facility where health services are provided.
"health professional" means a health professional registered under the Health Professionals Act 2004 or someone who is a health professional registered under a corresponding law of a local jurisdiction within the meaning of that Act.
"health segregation direction", for division 6.6.3 (Segregation)—see section 204.
"health service"—see the Health Professionals Act 2004, section 15.
"hearing", for a review, for chapter 8 (Criminal matters—discipline at detention places)—see section 286.
"high risk employment", for part 21.4 (Employment of children and young people under school-leaving age)—see section 794.
"information", for chapter 25 (Information secrecy and sharing)—see section 842.
"information holder", for chapter 25 (Information secrecy and sharing)—see section 843.
"information sharing entity", for part 25.3 (Sharing protected information)—see section 859.
"information sharing standards"—see section 887 (2) (i).
"in need of care and protection"—see section 345.
"in need of emergency care and protection", for the care and protection chapters—see section 403.
"in need of emergency therapeutic protection"—see section 404.
"intention to cancel notice", for chapter 20 (Childcare services)—see section 764.
"interim care and protection order", for chapter 14 (Care and protection—care and protection orders)—see section 433.
"interim child welfare order", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 661.
"interim therapeutic protection order"—see section 543.
"interstate care and protection report"—see section 845 (2), definition of interstate care and protection information, paragraph (a).
"interstate child welfare order"—see section 666.
"interstate law", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 641.
"interstate leave permit"—see section 242.
"interstate officer", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 642.
"interstate proceedings transfer order"—see section 672.
"in therapeutic protection"—see section 572.
"investigative entity" means an entity with power to require the production of documents or the answering of questions including, for example, the chief police officer, the human rights commission, the public advocate and the ombudsman.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"investigator", for part 8.2 (Responding to behaviour breaches)—see section 291.
"kinship carer", for a child or young person—see section 509.
"licensed childcare service", for chapter 20 (Childcare services)—see section 728.
"licensed proprietor", of a childcare service, for chapter 20 (Childcare services)—see section 728.
"light work", for part 21.4 (Employment of children and young people under school-leaving age)—see section 793.
"long-term care responsibility"—see section 20.
"long-term parental responsibility provision", for the care and protection chapters—see section 479.
"mail" means postal mail.
"mandatory report"—see section 356.
"mental dysfunction"—see section 530.
"mental health order"—see the Mental Health (Treatment and Care) Act 1994, dictionary.
"mental health tribunal provision"—see section 491.
"mental illness"—see section 530.
"Minister of a State", for part 5.2 (Interstate transfers)—see section 114.
"minor behaviour breach", for chapter 8 (Criminal matters—discipline at detention places)—see section 288.
"neglect"—see section 343.
"nominated person", for a young detainee—see section 185 (2) (n).
"non-treating doctor"—
(a) for chapter 6 (Criminal matters—detention places)—see section 137; and
(b) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246; and
(c) for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 530.
"non-treating nurse"—
(a) for part 6.7 (Alcohol and drug testing)—see section 235; and
(b) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246; and
(c) for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 530.
"non-treating health professional"—
(a) for the criminal matters chapters—see section 98; and
(b) for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 530.
"occupier", for chapter 23 (Enforcement)—see section 812.
"offence"—
(a) includes an offence against a Commonwealth law; and
(b) for chapter 23 (Enforcement)—see section 812.
"official visitor" means a person appointed as an official visitor under section 38.
"operating entity", for a therapeutic protection place or place of care, means—
(a) if the Territory operates the place—the chief executive; or
(b) in any other case—the entity that operates the place.
"operating procedure", for chapter 6 (Criminal matters—detention places) and chapter 7 (Criminal matters—search and seizure at detention places) means an operating procedure made by the chief executive under section 143.
"order", for chapter 24 (Appeals and review), includes a decision.
"ordinary search"—
(a) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246; and
(b) for part 16.3 (Children and young people in therapeutic protection)—see section 587.
"out-of-home carer"—see section 508.
"out-of-home carer authorisation"—see section 515.
"out-of-home care standards"—see section 887 (2) (c).
"owner", of a thing—
(a) for part 7.9 (Seizing property)—see section 279; and
(b) for division 16.3.6 (Seizing dangerous things)—see section 620.
"paediatrician" means a doctor who is registered under the Health Professionals Regulation 2004 in the specialist area of paediatric medicine.
"parental responsibility"—see division 1.3.2.
"parental responsibility provision", for the care and protection chapters—see section 474.
"participant", for chapter 3 (Family group conferences)—see section 73.
"participating state"—for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 637.
"parties", for chapter 3 (Family group conferences)—see section 73.
"party—"
(a) for part 12.3 (Voluntary agreement to share parental responsibility with chief executive)—see section 396; and
(b) for an application, for the care and protection chapters—see section 700.
"personal information", about a child or young person, for division 15.4.3 (Information to be kept by foster carers and residential care services)—see section 526.
"person responsible", for a young offender, for part 5.2 (Interstate transfers)—see section 114.
"place" includes premises.
"placement", for a child or young person, for division 19.4.5—see section 526.
"place of care" means a place approved as a place of care under section 525.
"police cell" means a cell (however described) for the detention of a person at a police station.
"positive test sample", for part 6.7 (Alcohol and drug testing)—see section 236.
"possession", of a thing, includes the following:
(a) receiving or obtaining possession of the thing;
(b) having control over the disposition of the thing (whether or not having custody of the thing);
(c) having joint possession of the thing.
"prenatal report"—see section 362.
"privilege", for chapter 8 (Criminal matters—discipline at detention places)—see section 289.
"privileged", in relation to material, for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246.
"produce", for part 25.4 (Courts and investigative entities)—see section 864.
"prohibited area", for a criminal matters chapter—see section 147.
"prohibited thing"—
(a) for chapter 6 (Criminal matters—detention places)—see section 137; and
(b) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246.
"proposed controlling person", for a childcare service, for chapter 20 (Childcare services)—see section 728.
"proposed proprietor", for a childcare service, for chapter 20 (Childcare services)—see section 728." "
"proprietor", of a childcare service, for chapter 20 (Childcare services)—see section 735.
"protected information"—see section 844.
"protection order"—see the Domestic Violence and Protection Orders Act 2001, dictionary.
"provision", in a care and protection order, for chapter 14 (Care and protection—care and protection orders)—see section 421.
"psychiatrist" means a doctor who is registered under the Health Professionals Regulation 2004 in the specialist area of psychiatry.
"receiving State", for part 5.2 (Interstate transfers)—see section 114.
"registered", for a family group conference, for Chapter 12 (Care and protection—voluntary agreements to transfer or share parental responsibility)—see section 389.
"register of young detainees", for chapter 6 (Criminal matters—detention places)—see section 137.
"relevant conference participant", for a family group conference about a child or young person—see section 73.
relevant presiding officer, for division 8.4.4 (Disciplinary action generally)—see section 316.
"reporting and investigation procedures" means the procedures made by the chief executive under section 294.
"representative", for a child or young person, means a lawyer or other person representing the child or young person, but does not include a child or young person who represents himself or herself.
"requirement notice", for part 2.4 (Suitable entities for purposes under Act)—see section 68.
"researcher", for a research project, for chapter 22 (Research involving children and young people)—see section 805.
"research project", for a research project, for chapter 22 (Research involving children and young people)—see section 806.
"research standards"—see section 887 (2) (h).
"residence provision", for the care and protection chapters—see section 484.
"residential care service"—see section 511
"responsible person", for a childcare service, for chapter 20 (Childcare services)—see section 738.
"review", for chapter 8 (Criminal matters—discipline at detention places)—see section 286.
"reviewable care and protection order", for chapter 14 (Care and protection—care and protection orders)—see section 493.
"review officer—"
(a) for division 8.4.2 (Internal review)—see section 303; and
(b) for chapter 9 (Criminal matters—conduct of disciplinary reviews)—see section 322.
"risk assessment", for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 534.
"safe custody warrant"—see section 684.
"safe room segregation direction", for division 6.6.3 (Segregation)—see section 204.
"safety and wellbeing information", for division 25.3.2 (Sharing safety and wellbeing information)—see section 858.
"scanning search"—
(a) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246; and
(b) for part 16.3 (Children and young people in therapeutic protection)—see section 585.
"school" means—
(a) a government or non-government school under the Education Act 2004; or
(b) an educational institution conducted by the Canberra Institute of Technology.
"school-leaving age"—see the Education Act 2004, dictionary.
Note The Education Act 2004, dictionary defines school-leaving age as 15 years old.
"security classification", for chapter 6 (Criminal matters—detention places)—see section 137.
"segregation", for division 6.6.3 (Segregation)—see section 204.
"segregation direction"—
(a) for division 6.6.3 (Segregation)—see section 204; but
(b) for subdivision 6.6.3.4 (Review of certain segregation directions)—see section 216.
"sending State"—
(a) for part 5.2 (Interstate transfers)—see section 114; and
(b) for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 637.
"sensitive information"—see section 845.
"short-term parental responsibility provision", in a care and protection order, for the care and protection chapters—see section 476.
"sibling", of a child or young person, includes a stepbrother or stepsister of the child or young person and a half-brother or half-sister of the child or young person.
"significant harm", for the care and protection chapters—see section 341.
"significant person", for a child or young person—see section 14.
"specific issues provision"—see section 492.
"specific parental authority"—see section 515.
"stability proposal", for a child or young person—see section 456.
"State"—
(a) for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 637; and
(b) for chapter 25 (Information secrecy and sharing) see section 842 (2).
"State Childrens Court", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 637.
"strip search"—
(a) for chapter 7 (Criminal matters—search and seizure at detention places)—see section 246; and
(b) for part 16.3 (Children and young people in therapeutic protection)—see section 589.
"suitability information"—see section 65.
"suitability information notice", for part 2.4 (Suitable entities for purposes under Act)—see section 66 (2).
"suitable entities register", for part 2.4 (Suitable entities for purposes under the Act)—see section 72.
"suitable entity", to provide a service—see section 61.
"supervision provision", for the care and protection chapters—see section 489.
"support person", of an accused detainee—
(a) for chapter 8 (Criminal matters—discipline at detention places)—see section 286; and
(b) for chapter 9 (Criminal matters—conduct of disciplinary reviews)—see section 286.
temporary parental responsibility provision, in the care and protection chapters—see section 373.
"test sample", for part 6.7 (Alcohol and drug testing)—see section 235.
"therapeutic protection history"—see section 537.
"therapeutic protection order"—see section 532.
"therapeutic protection person", for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 530.
"therapeutic protection place"—see section 535.
"therapeutic protection plan"—see section 536.
"therapeutic protection standards"—see section 887 (2) (d).
"Torres Strait Islander" means a person who—
(a) is a descendant of the indigenous inhabitants of the Torres Strait Islands; and
(b) either—
(i) for any person—regards himself or herself as a Torres Strait Islander; or
(ii) if the person is a child—is regarded as a Torres Strait Islander by a parent or family member; and
(c) is accepted as a Torres Strait Islander by a Torres Strait Islander community.
"transfer agreement", for part 5.2 (Interstate transfers)—see section 115.
"transfer arrangement", means a transfer arrangement under section 116 (Transfer arrangements—general) or, if the transfer arrangement has been amended by another transfer arrangement under that section, the transfer arrangement as amended.
"transfer escort", for part 5.2 (Interstate transfers)—see section 114.
"transfer order"—for part 5.2 (Interstate transfers)—see section 120.
"transition plan", for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 538.
"treating doctor", for the criminal matters chapters—see section 97.
"visiting conditions", for chapter 6 (Criminal matters—detention places)—see section 137.
"visitor", for chapter 6 (Criminal matters—detention places)—see section 137.
"voluntary care agreement"—see section 394.
"voluntary report"—see section 354.
"welfare body", for chapter 17 (Care and protection—interstate transfer of orders and proceedings)—see section 637.
"work experience", for chapter 21 (Employment of children and young people)—see section 780.
"work experience standards"—see section 887 (2) (g).
"young detainee"—see section 95.
"young offender" means—
(a) a person who—
(i) has been convicted or found guilty of an offence by a court; and
(ii) was under 18 years old when the offence was committed; but
(b) for part 5.2 (Interstate transfers)—see section 114.
"young person"—see section 12.
"young remandee", for chapter 6 (Criminal matters—detention places)—see section 137.
"youth detention officer", for the criminal matters chapters—see section 96.
"youth detention policy", for chapter 6 (Criminal matters—detention places)—see section 137.
"youth justice principles"—see section 94.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 6 March 2008.
2 Notification
Notified under the Legislation Act on 17 July 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Children and Young People
Bill 2008, which was passed by the Legislative Assembly on 1 July 2008.
Acting Clerk of the Legislative Assembly
© Australian Capital Territory 2008