Australian Capital Territory Consolidated Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 929

    (1)     This section applies if, immediately before the commencement day, a final care and protection order (other than a therapeutic protection order) under the repealed Act, section 255 is in force for a child or young person.

    (2)     On and after the commencement day, the final care and protection order is taken to be, in accordance with its terms—

        (a)     for an order mentioned in the repealed Act, section 255 (4) (a) (Final care and protection orders)—a care and protection order with a supervision provision under this Act, section 464 (2) (i) (Care and protection order—criteria for making); and

Note     Under s 255 (4) (a) a final care and protection order may include an order that the chief executive supervise the care and protection of the child or young person.

        (b)     for an order mentioned in the repealed Act, section 255 (4) (b)—a care and protection order with a parental responsibility provision under this Act, section 464 (2) (f) or (g); and

Note     Under s 255 (4) (b) a final care and protection order may include an order giving parental responsibility for the child or young person to the chief executive or someone else.

        (c)     for an order mentioned in the repealed Act, section 255 (4) (c)—a care and protection order with an enduring parental responsibility provision under this Act, section 464 (2) (c); and

Note     Under s 255 (4) (c) a final care and protection order may include an enduring parental responsibility order that has effect until the child or young person turns 18.

        (d)     for an order mentioned in the repealed Act, section 255 (4) (d)—a care and protection order with an ACAT mental health provision under this Act, section 464 (2) (d); and

Note     Under s 255 (4) (d) a final care and protection order may include an order that the child or young person submit to the jurisdiction of the ACAT for a decision whether the child or young person has a mental impairment.

        (e)     for an order mentioned in the repealed Act, section 255 (4) (e)—

              (i)     if the order relates to a person's drug use—a care and protection order with a drug use provision under this Act, section 464 (2) (b) (Care and protection order—criteria for making); and

              (ii)     otherwise—a care and protection order with a specific issues provision under section 464 (2) (h).

Note     Under s 255 (4) (e) a final care and protection order may include any other order the Childrens Court considers appropriate.

    (3)     For subsection (2) (b), despite anything else in this Act—

        (a)     if the final care and protection order does not state a period of effect or is expressed to remain in force until the child or young person is 18 years old, the order is taken to be a care and protection order with a long-term parental responsibility provision, in the same terms as the original order, under this Act, section 464 (2) (g); and

        (b)     in any other case, the order is taken to be a care and protection order with a short-term parental responsibility provision, in the same terms as the original order, under this Act, section 464 (2) (f).

Example

A final care and protection order that is expressed to be effective for 3 years is taken to be a care and protection order with a short-term parental responsibility provision but will remain in force for the 3 years unless sooner varied.

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).