Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CHILDREN AND YOUNG PEOPLE ACT 1999


TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   PART 1.1--INTRODUCTORY

   1.      Name of Act  

   PART 1.2--INTERPRETATION

   2.      Dictionary  
   3.      Notes  
   3A.     Offences against Act—application of Criminal Code etc  
   4.      Orders in favour of a person  
   5.      Meaning of carer  

   PART 1.3--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 Act applies  

CHAPTER 2--GENERAL OBJECTS, PRINCIPLES AND PARENTAL RESPONSIBILITY

   PART 2.1--GENERAL OBJECTS

   10.     Objects  

   PART 2.2--PRINCIPLES APPLYING TO THE ACT

   11.     Best interests of child or young person paramount consideration  
   12.     General principles  
   13.     How to apply the best interests principle  
   14.     Indigenous children and young people principle  

CHAPTER 3--PROCEEDINGS UNDER ACT GENERALLY

   22.     Entitlement to take part  
   23.     Ch 6 and ch 7—general representation of child or young  
   24.     Ch 6, ch 7 and ch 8—legal representation of child or young  
   25.     Applications may be heard together  

CHAPTER 4--ADMINISTRATION

   PART 4.1--CHIEF EXECUTIVE

   26.     Chief executive's functions  
   27.     Duties and particular powers of chief executive  
   28.     Who can the chief executive get help from?  
   34.     Delegation by chief executive  

   PART 4.2--CHILDRENS SERVICES COUNCIL

   35.     Childrens Services Council  
   36.     Members of the council  
   37.     Chairperson  
   38.     Meetings of the council  
   39.     Ending of appointments  
   40.     Advice and assistance by chief executive and public advocate  

   PART 4.3--OTHER OFFICIALS

   45.     Assistance for public advocate  
   46.     Giving information protected  
   47.     Suitable entities  
   48.     Appointment of officers  
   49.     Identity cards  

CHAPTER 5--THE CHILDRENS COURT

   50.     Childrens Court Magistrates  
   51.     Restriction on assignment to act as Childrens Court Magistrate  
   52.     Arrangement of business of Childrens Court  
   53.     Childrens Court  
   53A.    Assignment of other magistrates to deal with Childrens Court matters  
   53B.    Completion of part-heard matters  
   54.     General jurisdiction of Childrens Court  
   55.     Decisions about jurisdiction by reference to age  
   56.     Procedure of Childrens Court  
   57.     Matters before Childrens Court  
   59.     Orders about service  
   60.     Attendance of parents at court  
   61.     Proceedings not open to public  
   61A.    Restriction on publication of certain identifying material from  
   62.     Childrens Court may excuse parties from attendance  

CHAPTER 6--YOUNG OFFENDERS

   PART 6.1--INTERPRETATION FOR CHAPTER 6

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

   PART 6.2--DEALING WITH YOUNG OFFENDERS IN ACT

           Division 6.2.1--General provisions for part 6.2

   67.     Saving of other laws  
   69.     Decisions about criminal jurisdiction by reference to age  
   70.     Proceedings where young person jointly charged with adult  
   72.     Power to apprehend under-age children  
   73.     Powers of court in relation to reports  
   74.     Reports to be made available  
   75.     Care and protection considerations  

           Division 6.2.2--Proceedings against young people

   76.     Definitions for div 6.2.2  
   77.     Meaning of under restraint  
   78.     Committing an offence  
   79.     Interviewing young people  
   80.     Notification of arrest  
   81.     Limitations in relation to criminal proceedings against young people  
   82.     Procedure by summons  
   83.     Charge against young person—informing person with parental  
   84.     Identifying material  
   84A.    Destruction of identifying material  
   85.     Detention of young people generally  
   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 6.2.3--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  
   105A.   Issue of warrant to enter and inspect  
   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  
   114.    Residential orders  
   115.    Contravention of residential order  
   116.    Contravention of probation, community service, attendance centre or residential  
   117.    Revocation and variation of certain orders  
   118.    Referral to mental health tribunal following conviction  

           Division 6.2.5--Miscellaneous

   123.    Powers of Supreme Court  
   124.    Adjournment of criminal proceedings  
   125.    Placing in shelter or correctional centre  
   127.    Remission of time to be spent in institution  
   130.    Other rights and freedoms not affected  
   131.    Royal prerogative of mercy not affected  

CHAPTER 9--CHILDRENS SERVICES

   PART 9.1--GENERAL

   324.    Definitions for ch 9  
   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 ch 9 does not apply  
   331.    Exemptions  

   PART 9.2--APPROVALS IN PRINCIPLE AND LICENCES

           Division 9.2.1--General

   332.    Deciding if suitable  
   333.    Duty of disclosure  
   334.    Register  

           Division 9.2.2--Approval in principle

   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 9.2.3--Licences

   342.    Advertising intention to apply  
   343.    Application  
   344.    Eligibility for licence  
   345.    Grant or refusal of licence  
   346.    Application for renewal  
   347.    Renewal  

           Division 9.2.4--Matters common to approvals in principle and licences

   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 9.3--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 9.4--OFFENCES

   361.    Provision of care as part of family day care scheme  
   362.    Carrying on unapproved or unlicensed childrens service at child-care  
   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  

CHAPTER 10--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE

   367.    Meaning of young child  
   368.    Employing a child or young person  
   368A.   Work experience not employment  
   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.    Ch 10 subject to certain provisions of Education Act  

CHAPTER 11--APPEALS AND REVIEW

   379.    Meaning of order  
   380.    Appeal to Supreme Court  
   381.    Application of Magistrates Court Act etc  
   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  

CHAPTER 12--GENERAL OFFENCES

   386.    Presumption of age  
   388.    Tattooing of children and young people  

CHAPTER 13--POWERS OF ENTRY AND SEARCH

   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  

CHAPTER 15--CONFIDENTIALITY AND IMMUNITY

   407.    Immunity from suit  

CHAPTER 16--MISCELLANEOUS

   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  
   416A.   Approval of forms by chief executive  
   417.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES


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