Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Repeal and savings
4. Interpretation
5. Matters to be considered concerning children
6. Courts to see that child understands proceedings
PART 2--ADMINISTRATION
7. Director of Family Services
8. Director to provide assistance
11. Appointment of officers
12. Advice and assistance by director and community advocate
13. Childrens Services Council
14. Functions of the council
15. Information to be included in annual report of council
16. Standing committee of council
17. Functions of standing committee
18. Assistance by authorities and agencies
19. Delegation
19A. Official visitor
19B. Functions of official visitor
PART 3--THE CHILDRENS COURT
20. Childrens Court Magistrates
20AA. Restriction on assignment to act as Childrens Court Magistrate
20AB. Arrangement of business of court
20A. Childrens Court
20B. Jurisdiction
21. Determination of jurisdiction by reference to age
22. Procedure of Childrens
PART 4--CHILD OFFENDERS
Division 1--—General
23. Saving of other laws
24. Determination of criminal jurisdiction by reference to age
25. Proceedings where child jointly charged with adult
26. Transfer of proceedings
27. Age of criminal responsibility
28. Power to apprehend under-age children
Division 2--—Criminal proceedings against children
29. Interpretation
30. Interviewing of children
32. Notification of arrest etc
33. Limitations in respect of criminal proceedings against children
34. Procedure by summons
35. Charge against child—informing of parent
36. Identifying material
38. Detention of children
38A. Private property
39. Arrested children—bringing before court
40. Exclusion of evidence unlawfully obtained
41. Summary disposal of certain cases
42. Committal for trial in certain cases
43. Child may elect to be committed for trial
44. Committal of guilty child to Supreme Court
45. Childrens court to give reasons
46. Remission of matter by Supreme Court
46A. Transfer to the Mental Health tribunal
Division 3--—Disposition of young offenders
47. Disposition of young offenders
47A. Early release
48. Disposition without proceeding to conviction
49. Prohibition on certain orders
49A. Referral to Mental Health Tribunal following conviction
50. Variation or revocation of conditional discharge order
51. Breach of conditional discharge orders
52. Fines and like orders
53. Breach of certain orders for reparation or compensation
54. Enforcement of payment of fines etc
55. Probation orders
56. Probation orders—entry and inspection by supervisor
57. Attendance centre orders
58. Duties of child under attendance centre order
59. Compensation
60. Breach of attendance centre orders
61. Breach of probation, attendance centre or residential orders
62. Revocation and variation of certain orders
Division 3A--—Transfer between institutions
62A. Transfer directions
62B. Reporting of transfers
62C. Temporary custody prior to transfer between institutions
Division 4--—Miscellaneous
63. Powers of Supreme Court
64. Adjournment of criminal proceedings
65. Placing in shelter etc
66. Children in remand centres
67. Remission of time to be spent in institution
68. Director may grant leave for special purposes
69. Other rights and freedoms not affected
PART 4A--INTERSTATE TRANSFER OF OFFENDERS
Division 1--—Interstate transfer generally
69A. Interpretation
69B. Minister may enter into general agreements
69C. Arrangements for transfer—general
69D. Power to arrange for transfers
69E. Arrangement not to be made if facilities not adequate
69F. Provisions to be contained in each arrangement
69FA. Reporting of transfers
69G. Transfer order
69GA. Temporary custody prior pending interstate transfer
69H. Transfer to the Territory in the temporary control of an escort
69J. Escape from temporary control of young offender being transferred from the Territory
Division 2--—Transfer of sentence or order
69K. Transfer from the Territory of sentence or order
69L. Transfer to the Territory of sentence or order
Division 3--—Transit through the Territory
69M. Lawful custody for transit through the Territory
69N. Escape from temporary control
69P. Search warrants
Division 4--—Revocation of transfer orders
69Q. Revocation of transfer order on escape from temporary control
69R. Revocation of transfer order by director
69S. Reports
PART 5--CHILD CARE PROCEEDINGS
Division 1--—Preliminary
70. Authorised persons
71. Children in need of care
72. Where person apparently a child
Division 2--—Child care proceedings generally
73. Proceedings with respect to children in need of care
74. Children in hospital
75. Direction for release of child
76. Application to court for detention order
77. Procedure on application
78. Application for declaration that child is in need of care
79. Application to be served on parents
80. Hearing and determination of application
81. Adjournment of hearing
82. Child care conference
83. Care orders
83A. Referral to the Mental Health Tribunal
84. Access
85. Residential orders and supervision orders—entry and inspection by director etc
86. Placing in shelter etc
87. Applications by other persons
88. Review of orders on application
89. Periodical review of orders
90. Service of applications for review
91. Application of Part
92. Order to resolve disagreements
93. Procedure at hearing
Division 3--—Child care agreements
94. Child care agreements
95. Agreements not void
96. Consent of child over the school-leaving age
97. Determination and expiration of agreements
98. Payment of expenses
99. Contributions by parents
Division 4--—Miscellaneous
100. Orders to be furnished to director
101. Dispensing with service
102. Procedure where child voluntarily enters a place of safety
103. Notification of children in need of care and of child abuse
104. Record of notifications
105. Protection of persons making notifications
106. Cessation of Part
PART 6--WARDS
107. Marriage of wards
108. Director to be guardian of wards
109. Incidents of wardship
110. Placement in homes etc
111. Religion
112. Visits to wards
113. Wards running away
114. Property of wards
115. Payments to ex-wards
116. Wards from outside the Territory
PART 7--CHILDREN'S DAY CARE SERVICES
117. Interpretation
118. Licensing of child care
119. Exemptions
120. Licences
121. Emergency suspension of licences
122. Direction to comply with conditions
123. Cancellation etc of licences
124. Removal of child from unlicensed care
125. Inspection of licensed premises
PART 8--EMPLOYMENT OF CHILDREN
126. Interpretation
127. Employment of children in certain businesses etc
128. Employment of young children
129. Light work excepted
130. Family businesses excepted
131. Employment not to interfere with schooling etc
132. Copies of notices to be given
133. Dangerous employment
134. Regulation of employment of children
135. Duty of employers of children
136. Child not to render certain measures ineffective
137. Part subject to certain provisions of Education Act
PART 9--OFFENCES
138. Presumption of age
139. Neglect etc of children
140. Unauthorised removal of children
141. False statements
142. Tattooing of children
PART 10--APPEALS
143. Interpretation
144. Jurisdiction of Supreme Court
145. Application of Magistrates Court Act
146. Barring of appeal if order to review granted
147. Orders that Supreme Court may make
148. Administrative review
PART 11--MISCELLANEOUS
Division 1--—Powers of entry and search
149. Interpretation
150. Search and seizure
151. Search warrants
152. Entry in emergencies
153. Consent to entry
154. Obstruction
Division 2--—General
155. Notification of decisions
156. Breach of residential order
157. Establishment etc of shelters etc
158. Medical examinations and surgical operations
159. Child's name may be given
159A. Director to notify births
160. Notifications
161. Court may direct Minister to make certain determinations
162. Powers of courts with respect to reports
163. Reports to be made available
164. Right of appearance
165. Matters before Childrens Court
166. Next friend of child
167. Representation of children
168. Attendance of parents at court
169. Proceedings not open to public
170. Restrictions on publication of reports of proceedings
171. Protection of children in other courts
172. Confidentiality
173. Evidentiary certificates
174. Power of Minister to determine fees
176. Ministerial agreements
177. Regulations
SCHEDULE
ENDNOTES