Australian Capital Territory Numbered Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 (NO. 19 OF 2008) - SECT 20

    (1)     A person who has long-term care responsibility for a child or young person has—

        (a)     responsibility for the long-term care, protection and development of the child or young person; and

        (b)     all the powers, responsibilities and authority a guardian of a child or young person has by law in relation to the child or young person.

Examples—long-term care responsibilities

1     administration, management and control of the child's or young person's property

2     religion and observance of racial, ethnic, religious or cultural traditions

3     obtaining or opposing the issuing of a passport for the child or young person

4     long-term decisions about education, training and employment

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).

    (2)     A person who has long-term care responsibility for a child or young person may, on the advice of a health professional, consent to health care treatment that involves surgery for the child or young person.

Note     Consent to minor dental surgery may be given by a person who has daily care responsibility for the child or young person (see s 19 (2) (c)).

    (3)     This section does not limit the matters for which the person has responsibility in relation to the child or young person, but is subject to—

        (a)     a court order (under this Act or another law); and

        (b)     if there is a care plan in force for the child or young person—the care plan.

Note 1     The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision giving long-term care responsibility for the child or young person to someone, or removing the responsibility from someone, or stating how someone may exercise the responsibility (see pt 14.6).

Note 2     A care plan for a child or young person is a written plan of the chief executive's proposals for the care and protection of the child or young person (see  s 455).

    (4)     To remove any doubt, this section does not affect any right of a child or young person to consent to their own health care treatment.