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

Australian Capital Territory Numbered Acts

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

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

PART 1.1--INTRODUCTION

1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Application of Act to children and young people etc

PART 1.2--OBJECTS, PRINCIPLES AND CONSIDERATIONS

7. Main objects of Act
8. Best interests of children and young people paramount
9. Principles applying to Act
10. Aboriginal and Torres Strait Islander children and young people

PART 1.3--IMPORTANT CONCEPTS

Division 1.3.1--Definitions

11. Who is a child?
12. Who is a young person?
13. Who is a family member of a child or young person?
14. Who is a significant person for a child or young person?

Division 1.3.2--Parental responsibility

15. What is parental responsibility?
16. Parents have parental responsibility
17. Aspects of parental responsibility may be transferred
18. Aspects of parental responsibility may be shared
19. Daily care responsibility for children and young people
20. Long-term care responsibility for children and young people
21. Parents or people with parental responsibility who cannot be found

CHAPTER 2--ADMINISTRATION

PART 2.1--CHIEF EXECUTIVE

22. Chief executive's functions
23. Chief executive instructions
24. Ministerial directions to chief executive
25. Chief executive may ask for assistance, etc
26. Chief executive must give identity cards

PART 2.2--CHILDREN AND YOUTH SERVICES COUNCIL

27. Establishment of council
28. Functions of council
29. Council members
30. Appointment of council members
31. Appointment of chair and deputy
32. Ending member appointments
33. Presiding member at meetings
34. Quorum at meetings
35. Voting at meetings
36. Advice and assistance by chief executive and public advocate

PART 2.3--OFFICIAL VISITORS

37. Meaning of entitled child or young person—pt 2.3
38. Official visitors—appointment
39. Official visitors—functions
40. Official visitors—reporting to Minister
41. Official visitors—reporting to chief executive
42. Ending appointment of official visitors
43. Complaints guidelines
44. Complaints to official visitors
45. Requests to see official visitor
46. Notice of complaints
47. Official visitors must try to resolve complaints
48. Withdrawal of complaints
49. Complaints may be closed—referral to other entity
50. Complaints may be closed—other entity investigating
51. Complaints closed—frivolous, etc
52. Complaints closed—resolved
53. Complaints closed—complainant left detention etc
54. Complainant must be told if complaint closed
55. Information about complaints being investigated elsewhere
56. Reopening complaints
57. Other matters of concern—referral to other entity
58. Monthly reports by official visitors
59. Handover of records by official visitors

PART 2.4--SUITABLE ENTITIES FOR PURPOSES UNDER ACT

60. Definitions—Act and pt 2.4
61. Who is a suitable entity?
62. Entity may apply to be suitable entity for purpose
63. Chief executive may approve suitable entity for purpose
64. Chief executive must consider suitability information, etc
65. What is suitability information?
66. Chief executive may require suitability information
67. Chief executive need not decide suitability if information not
68. Chief executive may require test etc
69. Chief executive need not decide suitability if test not taken,
70. Offence—ongoing duty to update suitability information
71. Chief executive may employ etc suitable entity
72. Suitable entities register

CHAPTER 3--FAMILY GROUP CONFERENCES

PART 3.1--FAMILY GROUP CONFERENCES--GENERAL

73. Definitions—Act
74. Family group conferences—objects
75. What is a family group conference?
76. What is a family group conference agreement?
77. Offence—publish details of family group conferences

PART 3.2--FAMILY GROUP CONFERENCES--FACILITATORS

78. Family group conference facilitators—appointment
79. Family group conference facilitators—functions

PART 3.3--FAMILY GROUP CONFERENCES--ARRANGEMENT AND CONDUCT

80. Family group conferences—criteria
81. Family group conferences—criteria for review conference
82. Family group conferences—facilitator to organise
83. Family group conferences—who must be invited
84. Family group conferences—compliance with standards
85. Family group conferences—parties reach agreement
86. Family group conferences—agreement of young person
87. Family group conferences—before family group conference
88. Family group conferences—outcome report
89. Family group conference agreement—when takes effect
90. Family group conference agreements—implementation

CHAPTER 4--CHILDREN AND YOUNG PEOPLE AND CRIMINAL MATTERS—GENERAL

91. What are the criminal matters chapters?
92. Overview of the criminal matters chapters
93. Application of criminal matters chapters generally
94. Youth justice principles
95. Who is a young detainee?
96. Who is a youth detention officer?
97. Treating doctors—health service appointments
98. Health professionals—non-treating functions
99. Transporting young detainees to and from court—young detainees to be kept separate from
100. Detaining young detainees at court—young detainees to be kept separate from adult

CHAPTER 5--CRIMINAL MATTERS—TRANSFERS

PART 5.1--TRANSFERS WITHIN ACT

Division 5.1.1--Transfers within ACT—general

101. Directions to escort officers
102. Orders to bring young detainee before court etc

Division 5.1.2--Escorting young detainees etc

103. Arrangements for escorting people
104. Escort officer functions etc
105. Escorting arrested person to court etc
106. Custody etc during proceedings
107. Executing warrants of commitment or remand etc
108. Other powers not limited

Division 5.1.3--Transfers to health facilities

109. Transfers to health facilities

Division 5.1.4--Transfers of young detainees who become adults

110. Application—div 5.1.4
111. Transfers to correctional centres—under 21 years old
112. Transfers to correctional centres—21 year olds

Division 5.1.5--Notifying people of transfers

113. Transfer—notifying people responsible for or nominated by young detainees

PART 5.2--INTERSTATE TRANSFERS

Division 5.2.1--Interstate transfer generally

114. Definitions—pt 5.2
115. General agreements with other jurisdictions
116. Transfer arrangements—general
117. Power to arrange for transfers
118. Transfer arrangements—facilities must be adequate
119. Transfer arrangements—content
120. Custody of person on transfer order
121. Custody pending interstate transfer
122. Transfer to ACT in custody of transfer escort
123. Powers of transfer escorts
124. Offence—escapes during transfer

Division 5.2.2--Transfer of sentence or order

125. Transfer from ACT of sentence or order
126. Transfer to ACT of sentence or order

Division 5.2.3--Transit through ACT

127. Chief executive may receive young offenders
128. Lawful custody for transit through ACT
129. Escapees may be apprehended without warrant
130. Escapees to be brought before magistrate
131. Court may arrange transfer of apprehended escapees
132. Search warrants for escapees

Division 5.2.4--Revocation of transfer orders

133. Revocation of transfer order—offence during transfer
134. Revocation of transfer order by chief executive
135. Chief executive may consider reports etc

CHAPTER 6--CRIMINAL MATTERS—DETENTION PLACES

PART 6.1--DETENTION PLACES--GENERAL

136. Application—ch 6
137. Definitions—ch 6
138. Treatment of young detainees generally
139. Treatment of young remandees
140. Treatment of certain young detainees
141. Detention places—minimum living conditions

PART 6.2--ADMINISTRATION

Division 6.2.1--Administration—general

142. Detention places—declaration
143. Youth detention policies and operating procedures
144. Exclusion of matters from notified youth detention policies etc
145. Copies of Act, policies etc to be available for inspection at detention
146. Chief executive directions
147. Prohibited areas
148. Prohibited things
149. Declaration of emergency
150. Emergency powers
151. Arrangements with police
152. Assistance from other chief executives

PART 6.3--INSPECTION AT DETENTION PLACES

153. Inspections by judicial officers, Assembly members etc
154. Relationship with other inspection laws

PART 6.4--ADMISSION TO DETENTION PLACES

155. Meaning of admission—pt 6.4
156. Authority for detention
157. Detention—notifying people responsible for or nominated by young detainees
158. Identification of young detainees
159. Information—entitlements and obligations
160. Initial assessment
161. Health assessment
162. Alcohol and drug tests on admission
163. Security classification
164. Case management plan
165. Entries in register of young detainees
166. Requirements and considerations about placement and separation of young

PART 6.5--LIVING CONDITIONS AT DETENTION PLACES

167. Food and drink
168. Clothing
169. Personal hygiene
170. Sleeping areas
171. Treatment of convicted and non-convicted young detainees
172. Access to open air and exercise
173. Communication with family and others
174. Telephone calls
175. Mail
176. News and education
177. Visits by family members etc
178. Contact with accredited people
179. Visits—protected communications
180. Health care
181. Chief executive's consent to medical treatment for young
182. Injury etc—notifying people responsible for or nominated by young
183. Religious, spiritual and cultural needs

PART 6.6--MANAGEMENT AND SECURITY

Division 6.6.1--Management and security—general

184. Compliance with chief executive's directions
185. Register of young detainees
186. Health reports
187. Use of medicines
188. Case management plans—scope etc
189. Transgender and intersex young detainees—sexual identity
190. Security classification—basis etc
191. Property of young detainees
192. Possession of prohibited things
193. Mandatory reporting of threats to security etc at detention place
194. Trust accounts of young detainees
195. Register of searches and uses of force

Division 6.6.2--Monitoring

196. Disapplication of Listening Devices Act
197. Monitoring—general considerations
198. Notice of monitoring
199. Monitoring at detention places
200. Monitoring telephone calls etc
201. Monitoring ordinary mail
202. Monitoring protected mail
203. Mail searches—consequences

Division 6.6.3--Segregation

Subdivision 6.6.3.1--General

204. Definitions—div 6.6.3
205. Purpose of segregation under div 6.6.3
206. Segregation not to affect minimum living conditions
207. Notice of segregation directions—safe room and other

Subdivision 6.6.3.2--Safe room segregation

208. Designation of safe rooms
209. Segregation—safe room
210. Safe room segregation directions—privacy
211. Review of safe room segregation directions

Subdivision 6.6.3.3--Other segregation

212. Segregation—safety and security
213. Segregation—protective custody
214. Segregation—health etc
215. Interstate segregated detainees transferred to ACT

Subdivision 6.6.3.4--Review of certain segregation directions

216. Meaning of segregation direction—subdiv 6.6.3.4
217. Internal review of segregation directions
218. End of segregation directions
219. Application for review of segregation directions
220. External review of segregation directions
221. Notice of decision about segregation direction

Subdivision 6.6.3.5--Register of segregation directions

222. Register of segregation directions

Division 6.6.4--Use of force

223. Managing use of force
224. Authority to use force
225. Application of force
226. Use of restraint
227. Monthly reports about use of force

Division 6.6.5--Access to detention places

228. Visiting conditions
229. Notice of visiting conditions
230. Taking prohibited things etc into detention place
231. Directions to visitors
232. Directions to leave detention place etc
233. Removing people from detention place

Division 6.6.6--Maintenance of family relationships

234. Chief executive may allow young child to stay with young detainee

PART 6.7--ALCOHOL AND DRUG TESTING

Division 6.7.1--General

235. Definitions—pt 6.7
236. Positive test samples

Division 6.7.2--Alcohol and drug testing—detainees

237. Alcohol and drug testing of young detainees
238. Effect of positive test sample by young detainee

Division 6.7.3--Alcohol and drug testing—youth detention officers

239. Alcohol and drug testing of youth detention officers

PART 6.8--YOUNG DETAINEES--LEAVE

Division 6.8.1--Local leave

240. Local leave directions
241. Local leave permits

Division 6.8.2--Interstate leave

242. Interstate leave permits
243. Effect of interstate leave permit
244. Powers of escort officers

Division 6.8.3--Leave—miscellaneous

245. Lawful temporary absence from detention place

CHAPTER 7--CRIMINAL MATTERS—SEARCH AND SEIZURE AT DETENTION PLACES

PART 7.1--PRELIMINARY--CH 7

246. Definitions—ch 7
247. Relationship with other laws

PART 7.2--SEARCHES GENERALLY

248. Searches—intrusiveness
249. Searches—use of search dog
250. Searches—transgender and intersex young detainees
251. Notice of strip and body searches—person responsible for or nominated by young

PART 7.3--SCANNING, FRISK AND ORDINARY SEARCHES

252. Directions for scanning, frisk and ordinary searches
253. Requirements for scanning, frisk and ordinary searches

PART 7.4--STRIP SEARCHES--YOUNG DETAINEES

254. Strip searches on admission to detention place
255. Strip searches of young detainees under 18 years old—no-one with parental
256. Strip searches on admission—directing person to leave
257. Removing people from search area
258. Strip searches directed by chief executive
259. Obligations on youth detention officers before strip searches
260. Youth detention officers at strip searches
261. Strip searches—general rules
262. Strip searches—rules about visual inspection of young detainee's
263. Strip searches—rules about young detainees' clothing

PART 7.5--BODY SEARCHES--YOUNG DETAINEES

264. Body searches directed by chief executive
265. Obligations of chief executive before body searches
266. People present at body searches
267. Body searches of young detainees under 18 years old—no-one with parental
268. Body searches—directing people to leave
269. Removing people from search area
270. Help for body searches
271. Body searches—rules about young detainees' clothing
272. Body searches—rules about touching young detainees
273. Seizing things discovered during body searches

PART 7.6--SEARCHING PEOPLE OTHER THAN DETAINEES

274. Searches of people other than detainees

PART 7.7--SEARCHES OF PREMISES AND PROPERTY

275. Searches—premises and property generally
276. Searches of young detainee cells—privileged material
277. Searches of young detainee cells—suspected privileged material

PART 7.8--SEARCHES--USE OF FORCE

278. Searches—use of force

PART 7.9--SEIZING PROPERTY

279. Meaning of owner—pt 7.9
280. Seizing mail etc
281. Seizing property—general
282. Notice of seizure
283. Forfeiture of things seized
284. Return of things seized but not forfeited

CHAPTER 8--CRIMINAL MATTERS—DISCIPLINE AT DETENTION PLACES

PART 8.1--DISCIPLINE AT DETENTION PLACES--GENERAL

285. Application—ch 8
286. Definitions—ch 8
287. Meaning of behaviour breach
288. Meaning of minor behaviour breach
289. Meaning of privilege
290. Overlapping behaviour breaches and criminal offences

PART 8.2--RESPONDING TO BEHAVIOUR BREACHES

291. Who is an investigator?
292. Appointment of investigators
293. Report etc by youth detention officer
294. Reporting and investigation procedures
295. Action by administrator
296. Disciplinary charge

PART 8.3--DEALING WITH MINOR BEHAVIOUR BREACHES

297. Behaviour management framework
298. Behaviour management framework—behaviour management
299. Behaviour management framework—limits

PART 8.4--DISCIPLINARY ACTION--BEHAVIOUR BREACH CHARGE

Division 8.4.1--Disciplinary action by administrator

300. Right to contact support person—disciplinary action by
301. Behaviour breach admitted by accused detainee
302. Disciplinary action by administrator

Division 8.4.2--Internal review

303. Meaning of review officer—div 8.4.2
304. Right to contact support person—internal review
305. Application for internal review
306. Internal review of charge
307. Review officer's powers after internal review

Division 8.4.3--External review of internal review decisions

308. Meaning of external reviewer—div 8.4.3
309. Appointment of external reviewers
310. Right to contact support person—external review
311. Application for external review
312. External review of charge
313. Refusal to review
314. External reviewer's powers after external review

Division 8.4.4--Disciplinary action generally

315. Application—div 8.4.4
316. Meaning of relevant presiding officer—div 8.4.4
317. Disciplinary action by relevant presiding officer
318. Disciplinary action—behaviour management consequences
319. Maximum behaviour management consequences
320. Privileges and entitlements—impact of discipline

CHAPTER 9--CRIMINAL MATTERS—CONDUCT OF DISCIPLINARY REVIEWS

PART 9.1--CONDUCT OF DISCIPLINARY REVIEW--GENERAL

321. Application—ch 9
322. Definitions—ch 9

PART 9.2--DISCIPLINARY REVIEW PROCEDURES

323. Nature of disciplinary reviews
324. Notice of disciplinary review etc
325. Conduct of disciplinary reviews
326. Review officer may require official reports
327. Review officer may require information and documents
328. Possession of review documents etc
329. Record of review

PART 9.3--DISCIPLINARY HEARING PROCEDURES

330. Notice of disciplinary hearing
331. Review officer's powers at review
332. Rights of accused detainee at disciplinary hearing
333. Exclusion of accused detainee from hearing
334. Hearing in accused detainee's absence
335. Appearance at disciplinary hearing by audiovisual or audio link

CHAPTER 10--CARE AND PROTECTION—GENERAL

PART 10.1--APPLICATION OF CARE AND PROTECTION CHAPTERS

336. What are the care and protection chapters?
337. Age—proof of age to be sought before action taken
338. Age—application of care and protection chapters if no proof of age
339. Age—care and protection chapters stop applying if person discovered to be
340. Care and protection chapters stop applying when young person becomes

PART 10.2--IMPORTANT CONCEPTS--CARE AND PROTECTION CHAPTERS

341. Definitions—care and protection chapters
342. What is abuse?
343. What is neglect?
344. When are children and young people at risk of abuse or
345. When are children and young people in need of care and
346. Incident need not have happened in ACT
347. Who is a former caregiver?
348. What is contact with a person?

PART 10.3--PRINCIPLES AND CONSIDERATIONS--CARE AND PROTECTION CHAPTERS

349. What is in best interests of child or young person?
350. Care and protection principles
351. Helping families understand care and protection procedures
352. Views and wishes of children and young people

CHAPTER 11--CARE AND PROTECTION—REPORTING, INVESTIGATING AND APPRAISING ABUSE AND NEGLECT

PART 11.1--CARE AND PROTECTION--REPORTING ABUSE AND NEGLECT

Division 11.1.1--Definitions

353. Definitions—Act

Division 11.1.2--Reporting abuse and neglect of children and young people

354. Voluntary reporting of abuse and neglect
355. Offence—false or misleading voluntary report
356. Offence—mandatory reporting of abuse
357. Mandatory reporting—exceptions
358. Offence—false or misleading mandatory report
359. Reports made to public advocate
360. Chief executive to act on child concern report
361. Chief executive action on child protection report

Division 11.1.3--Prenatal reporting of anticipated abuse and neglect

362. Prenatal reporting—anticipated abuse and neglect
363. Offence—false or misleading prenatal report
364. How prenatal reports may be used in evidence
365. Prenatal report information is sensitive information

PART 11.2--CARE AND PROTECTION--APPRAISALS

Division 11.2.1--Definitions

366. What is a care and protection appraisal?
367. What is a care and protection assessment?

Division 11.2.2--Appraisal with agreement or order

368. Care and protection appraisal—only with agreement or appraisal
369. Care and protection appraisal—acknowledgement of agreement
370. Care and protection appraisal—agreement need not be sought if risk etc
371. Visual examination etc without agreement

Division 11.2.3--Appraisal orders

372. What is an appraisal order?
373. What is a temporary parental responsibility
374. Offence—contravene appraisal order
375. Appraisal orders—prevails over care and protection orders
376. Appraisal orders—application by chief executive
377. Appraisal orders—urgent applications
378. Appraisal orders—application to state grounds
379. Appraisal orders—who must be given application
380. Appraisal orders—court to consider application promptly
381. Appraisal orders—no interim orders
382. Appraisal orders—criteria for making
383. Appraisal orders—different provisions and requirements
384. Appraisal orders—length
385. Appraisal orders—extension application
386. Appraisal orders—who must be given extension application?
387. Appraisal orders—court to consider extension application
388. Appraisal orders—criteria for extension

CHAPTER 12--CARE AND PROTECTION—VOLUNTARY AGREEMENTS TO TRANSFER OR SHARE PARENTAL RESPONSIBILITY

PART 12.1--DEFINITIONS

389. Definitions—Act and ch 12

PART 12.2--REGISTRATION OF FAMILY GROUP CONFERENCE AGREEMENTS THAT TRANSFER OR SHARE PARENTAL RESPONSIBILITY

390. Registered family group conference agreement—application
391. Registered family group conference agreement—registration
392. Registered family group conference agreement—notice
393. Registered family group conference agreement—effect and

PART 12.3--VOLUNTARY AGREEMENT TO SHARE PARENTAL RESPONSIBILITY WITH CHIEF EXECUTIVE

394. What is a voluntary care agreement?
395. Voluntary care agreements—who may initiate?
396. Voluntary care agreements—who are parties?
397. Voluntary care agreements—chief executive's criteria
398. Voluntary care agreements—start day
399. Voluntary care agreements—length
400. Voluntary care agreements—extension
401. Voluntary care agreements—early ending
402. Voluntary care agreements—return of children and young people

CHAPTER 13--CARE AND PROTECTION AND THERAPEUTIC PROTECTION—EMERGENCY SITUATIONS

PART 13.1--EMERGENCY ACTION

403. When are children and young people in need of emergency care and
404. When are children and young people in need of emergency therapeutic
405. What is emergency action?
406. Emergency action—criteria for taking emergency action
407. Emergency action—assistance
408. Emergency action—certain people must be told
409. Emergency action—daily care responsibility after action
410. Emergency action—length of daily care responsibility
411. Care and protection appraisal and placement
412. Emergency action—contact with family
413. Emergency action—application for orders
414. Emergency action—end of daily care responsibility
415. Emergency action—return of child or young person

PART 13.2--EMERGENCY ACTION RELEASE ORDERS

416. What is an emergency action release order?
417. Emergency action release order—application
418. Emergency action release order—application to state grounds
419. Emergency action release order—who must be given application
420. Emergency action release order—criteria for making

CHAPTER 14--CARE AND PROTECTION—CARE AND PROTECTION ORDERS

PART 14.1--PRELIMINARY

421. Definitions—ch 14
422. What is a care and protection order?
423. Offence—contravene care and protection order

PART 14.2--APPLICATIONS FOR CARE AND PROTECTION ORDERS

424. Care and protection order—application by chief executive
425. Care and protection order—application by others
426. Care and protection order—application must state provisions sought and
427. Care and protection orders—who must be given application
428. Care and protection order—cross-application for different
429. Care and protection order—cross-application must state provisions sought and
430. Care and protection order—court to consider application and cross-application

PART 14.3--INTERIM CARE AND PROTECTION MATTERS

Division 14.3.1--General

431. Interim matters—Court action before adjournment
432. Interim matters—court-ordered meeting

Division 14.3.2--Interim care and protection orders

433. Interim matters—interim care and protection orders
434. Offence—contravene interim care and protection order
435. Interim care and protection orders—revocation or amendment

Division 14.3.3--Assessment orders

436. What is an assessment order?
437. Care and protection assessment—terms of reference for care and protection
438. Care and protection assessment—authorisation of assessors
439. Care and protection assessment—report after making
440. Offence—contravene assessment order
441. Assessment orders—prevails over care and protection order
442. Assessment orders—on application or court's own initiative
443. Assessment orders—application by party
444. Assessment orders—application to state grounds
445. Assessment orders—who must be given application
446. Assessment orders—court to consider application promptly
447. Assessment orders—no interim order
448. Assessment orders—criteria for making
449. Assessment orders—length
450. Assessment orders—extension application
451. Assessment orders—extension application must state grounds
452. Assessment orders—who must be given extension application?
453. Assessment orders—court to consider extension application
454. Assessment orders—criteria for extension

Division 14.3.4--Care plans

455. What is a care plan?
456. Care plans—stability proposals
457. Care plans—who must be consulted

Division 14.3.5--Orders under Domestic Violence and Protection Orders Act

458. Definitions—div 14.3.5
459. DVPO interim protection orders
460. DVPO final protection orders
461. What is psychological abuse of a child or young person?
462. No DVPO protection order if no proceeding under care and protection
463. Effect of making DVPO protection order under this Act

PART 14.4--MAKING CARE AND PROTECTION ORDERS

464. Care and protection order—criteria for making
465. Care and protection order—length

PART 14.5--EXTENDING, AMENDING AND REVOKING CARE AND PROTECTION ORDERS

466. Care and protection order—extension and amendment
467. Care and protection order—revocation applications
468. Care and protection order—application to state what sought and
469. Care and protection order—who must be given extension, amendment or
470. Care and protection order—court to consider extension, amendment and revocation
471. Care and protection order—criteria for extensions and
472. Care and protection order—criteria for revocation
473. Care and protection orders—financial burdens

PART 14.6--PARENTAL RESPONSIBILITY PROVISIONS

Division 14.6.1--General

474. What is a parental responsibility provision?
475. Chief executive sharing daily care responsibility

Division 14.6.2--Short-term parental responsibility provisions

476. What is a short-term parental responsibility provision?
477. Short-term parental responsibility provision—extension
478. Short-term parental responsibility provision—financial

Division 14.6.3--Long-term parental responsibility provisions

479. What is a long-term parental responsibility provision?
480. Long-term parental responsibility provision—financial contribution by

Division 14.6.4--Enduring parental responsibility provisions

481. What is an enduring parental responsibility provision?
482. Enduring parental responsibility provision—criteria for making
483. Enduring parental responsibility provision—financial

PART 14.7--RESIDENCE PROVISIONS

484. What is a residence provision?

PART 14.8--CONTACT PROVISIONS

485. What is a contact provision?
486. Contact provision—presumption about contact with family
487. Contact provision—sibling may join proceeding without leave

PART 14.9--DRUG USE PROVISIONS

488. What is a drug use provision?

PART 14.10--SUPERVISION PROVISIONS

489. What is a supervision provision?
490. Supervision provision—meetings with chief executive

PART 14.11--MENTAL HEALTH TRIBUNAL PROVISIONS

491. What is a mental health tribunal provision?

PART 14.12--SPECIFIC ISSUES PROVISIONS

492. What is a specific issues provision?

PART 14.13--ANNUAL REVIEW REPORTS--PARENTAL RESPONSIBILITY PROVISIONS AND SUPERVISION PROVISIONS

493. What is a reviewable care and protection order?
494. What is an annual review report?
495. Annual review report—prepared at least annually
496. Annual review report—consultation
497. Annual review report—must be given to certain people
498. Annual review report—application for waiver of obligation to give report to
499. Annual review report—waiver of obligation to give annual review report to
500. Annual review report—public advocate may require chief executive to give annual
501. Annual review report—extension of care and protection order

CHAPTER 15--CARE AND PROTECTION—CHIEF EXECUTIVE HAS ASPECT OF PARENTAL RESPONSIBILITY

PART 15.1--GENERAL

502. Definitions—Act
503. Chief executive may provide assistance

PART 15.2--CHIEF EXECUTIVE HAS LONG-TERM CARE RESPONSIBILITY

504. Chief executive sharing long-term care responsibility
505. Chief executive must consult about long-term care

PART 15.3--CHIEF EXECUTIVE HAS DAILY CARE RESPONSIBILITY

506. Pt 15.3 applies to care and protection chapters
507. Public advocate to be told about action following appraisals

PART 15.4--OUT-OF-HOME CARERS

Division 15.4.1--Placement with out-of-home carer

508. Who is an out-of-home carer?
509. Who is a kinship carer?
510. Who is a foster carer?
511. What is a residential care service?
512. Chief executive may place child or young person with out-of-home
513. Priorities for placement with out-of-home carer—Aboriginal or Torres Strait Islander
514. Residential care service may accommodate child or young person at place of

Division 15.4.2--Authorisation of out-of-home carers and approval of places of care

515. Definitions—Act
516. Authorisation of kinship carer—specific parental authority
517. Authorisation of foster care service
518. Authorisation of foster carer—specific parental authority
519. Authorisation of foster carer—general parental authority
520. Authorisation of residential care service—general parental
521. Out-of-home carer must be given copy of authorisation and any relevant court
522. Revocation of foster care service's authorisation
523. Revocation of foster carer's authorisation
524. Revocation of residential care service's authorisation
525. Approval of places of care

Division 15.4.3--Information to be kept by foster carers and residential care services

526. Definitions—div 15.4.3
527. Information must be kept during placement
528. Information must be kept after placement ends
529. Child or young person must have access to information

CHAPTER 16--CARE AND PROTECTION—THERAPEUTIC PROTECTION OF CHILDREN AND YOUNG PEOPLE

PART 16.1--PRELIMINARY

530. Definitions—Act and ch 16
531. Therapeutic protection only under therapeutic protection order or for emergency

PART 16.2--THERAPEUTIC PROTECTION ORDERS

Division 16.2.1--Definitions—Act and pt 16.2

532. What is a therapeutic protection order?
533. What is harmful conduct?
534. What is a risk assessment?
535. What is a therapeutic protection place?
536. What is a therapeutic protection plan?
537. What is therapeutic protection history?
538. What is a transition plan?

Division 16.2.2--Applications for therapeutic protection orders

539. Therapeutic protection order—application by chief executive
540. Therapeutic protection order—application to state grounds etc
541. Therapeutic protection orders—who must be given application
542. Therapeutic protection order—Childrens Court to consider application

Division 16.2.3--Interim therapeutic protection orders

543. What is an interim therapeutic protection order?
544. Interim therapeutic protection order—criteria for making
545. Interim therapeutic protection order—mental health referral
546. Interim therapeutic protection order—length
547. Interim therapeutic protection order—no extension, amendment,
548. Offence—interim therapeutic protection order

Division 16.2.4--Making a therapeutic protection order

549. Therapeutic protection order—criteria for making
550. Therapeutic protection order—length
551. Therapeutic protection order—statement of reasons
552. Offence—therapeutic protection order

Division 16.2.5--Review of therapeutic protection orders

553. Initial review within 4 weeks
554. Ongoing review at least each 4 weeks
555. Review—views to be considered
556. Review report
557. Chief executive's action after review

Division 16.2.6--Extending a therapeutic protection order

558. Therapeutic protection order—extension application
559. Therapeutic protection order—extension application must state grounds
560. Therapeutic protection order—who must be given extension
561. Therapeutic protection order—Childrens Court to consider extension application
562. Therapeutic protection order—criteria for extension up to
563. Therapeutic protection order extension—statement of reasons

Division 16.2.7--Amending or revoking a therapeutic protection order

564. Therapeutic protection order—application for amendment or
565. Therapeutic protection order—application for amendment must state grounds
566. Therapeutic protection order—application for revocation must state grounds
567. Therapeutic protection order—who must be given application for amendment or
568. Therapeutic protection order—Childrens Court to consider application for amendment or
569. Therapeutic protection order—criteria for amendment
570. Therapeutic protection order—criteria for revocation
571. Therapeutic protection order amendment or revocation—statement of

PART 16.3--CHILDREN AND YOUNG PEOPLE IN THERAPEUTIC PROTECTION

Division 16.3.1--Preliminary

572. When is a child or young person in therapeutic
573. Transgender and intersex children and young people—sexual

Division 16.3.2--Supervision

574. Therapeutic protection—supervision
575. Therapeutic protection—escort outside therapeutic protection

Division 16.3.3--Visits by accredited people

576. Who is an accredited person?
577. Therapeutic protection—visits by accredited people must be
578. Therapeutic protection—visits by accredited people

Division 16.3.4--Use of force

579. Therapeutic protection—managing use of force
580. Therapeutic protection—authorised use of force
581. Therapeutic protection—application of force
582. Therapeutic protection—medical examination after use of force
583. Therapeutic protection—monthly reports about use of force

Division 16.3.5--Searches

Subdivision 16.3.5.1--Application and definitions—div 16.3.5

584. Application—div 16.3.5
585. What is a scanning search?
586. What is a frisk search?
587. What is an ordinary search?
588. What is a body search?
589. What is a strip search?
590. What is a dangerous thing?

Subdivision 16.3.5.2--Searches generally

591. Searches—intrusiveness
592. Searches—transgender or intersex child or young person
593. Searches—use of force

Subdivision 16.3.5.3--Scanning, frisk and ordinary searches

594. Directions for scanning, frisk and ordinary searches
595. Scanning, frisk and ordinary searches—requirements before
596. Frisk and ordinary searches—privacy
597. Scanning, frisk and ordinary searches—clothing

Subdivision 16.3.5.4--Strip searches

598. Strip searches—authorisation
599. Strip searches—requirements before search
600. Strip searches—second therapeutic protection person must be
601. Strip searches—support person must be present
602. Strip searches—directing support person to leave
603. Strip searches—enforcing direction to leave
604. Strip searches—general rules
605. Strip searches—privacy
606. Strip searches—no touching body
607. Strip searches—visual inspection of body
608. Strip searches—clothing

Subdivision 16.3.5.5--Body searches

609. Body searches—directions
610. Body searches—requirements before search
611. Body searches—non-treating nurse must be present
612. Body searches—another person may be present
613. Body searches—support person must be present
614. Body searches—directing support person to leave
615. Body searches—touching body
616. Body searches—clothing
617. Body searches—assistance
618. Body searches—non-treating doctor may seize things

Division 16.3.6--Seizing dangerous things

619. Application—div 16.3.6
620. Seizing property—who is the owner?
621. Seizing property—dangerous things may be seized
622. Seized property—must tell owner
623. Seized property—forfeiture
624. Seized property—return

PART 16.4--THERAPEUTIC PROTECTION--ADMINISTRATION

Division 16.4.1--Therapeutic protection places

625. Therapeutic protection place—declaration
626. Therapeutic protection place—exclusion of matters from declaration
627. Therapeutic protection place—policies and procedures
628. Authorisation of operating entity for therapeutic protection place
629. Suspension of operating entity's authorisation
630. Revocation of operating entity's authorisation

Division 16.4.2--Therapeutic protection plan

631. Public advocate and official visitor may be given therapeutic protection

Division 16.4.3--Non-treating health professionals

632. Health professionals—non-treating functions

Division 16.4.4--Therapeutic protection register

633. Therapeutic protection register
634. Therapeutic protection register—who may have access?
635. Therapeutic protection register—public advocate to inspect

CHAPTER 17--CARE AND PROTECTION—INTERSTATE TRANSFER OF ORDERS AND PROCEEDINGS

PART 17.1--PRELIMINARY

636. Object of ch 17
637. Definitions—ch 17
638. What is a child welfare order?
639. What is a child welfare proceeding?
640. What is a child welfare law?
641. What is an interstate law?
642. Who is an interstate officer?

PART 17.2--INTERSTATE TRANSFER OF ACT CHILD WELFARE ORDERS

Division 17.2.1--Transfers of orders by chief executive

643. Chief executive may transfer child welfare order
644. Chief executive transfer—considerations
645. Chief executive transfer—certain people must agree
646. Chief executive transfer—certain people must be told
647. Chief executive transfer—limited time for review

Division 17.2.2--Transfer of orders by Childrens Court

648. Childrens Court transfer—application
649. Childrens Court transfer—criteria
650. Childrens Court transfer—interstate orders
651. Childrens Court transfer—considerations
652. Childrens Court transfer—care plans
653. Childrens Court transfer—appeal applications
654. Childrens Court transfer—appeals

Division 17.2.3--Interstate registration of ACT orders

655. Interstate registration of ACT orders—effect
656. Interstate registration of ACT orders—revocation
657. Interstate registration of ACT orders—Childrens Court file

PART 17.3--INTERSTATE TRANSFER OF ACT CHILD WELFARE PROCEEDINGS

658. Transfer of ACT proceedings—applications
659. Transfer of ACT proceedings—criteria
660. Transfer of ACT proceedings—considerations
661. Transfer of ACT proceedings—interim orders
662. Transfer of ACT proceedings—appeal applications
663. Transfer of ACT proceedings—appeals
664. Transfer of ACT proceedings—revocation of registration
665. Transfer of ACT proceedings—Childrens Court file

PART 17.4--ACT REGISTRATION OF INTERSTATE CHILD WELFARE ORDERS

666. ACT registration—interstate child welfare orders
667. ACT registration of interstate orders—interstate
668. ACT registration of interstate orders—effect
669. ACT registration of interstate orders—application for
670. ACT registration of interstate orders—revocation
671. ACT revocation of interstate orders—interstate registrar

PART 17.5--ACT REGISTRATION OF INTERSTATE CHILD WELFARE PROCEEDINGS

672. ACT registration—interstate child welfare proceedings
673. ACT registration of interstate proceedings—interstate
674. ACT registration of interstate proceedings—effect
675. ACT registration of interstate proceedings—application for
676. ACT registration of interstate proceedings—revocation
677. ACT registration of interstate proceedings—interstate

PART 17.6--INTERSTATE TRANSFER OF CHILD WELFARE ORDERS AND PROCEEDINGS--MISCELLANEOUS

678. ACT registration of interstate orders and proceedings—Maori children and young

CHAPTER 18--CARE AND PROTECTION—POLICE ASSISTANCE

PART 18.1--ASSISTANCE IN CARRYING OUT ORDERS ETC

679. Police assistance
680. Police powers
681. Seized things may be kept until matter completed
682. Offence—failure to answer police questions

PART 18.2--SAFE CUSTODY

683. Safe custody—parental responsibility to chief executive
684. What is a safe custody warrant?
685. Safe custody warrant—application
686. Safe custody warrant—criteria
687. Safe custody warrant—content
688. Safe custody warrant—application made other than in person
689. Safe custody warrant—announcement before entry
690. Safe custody warrant—details of warrant to be given to occupier
691. Safe custody warrant—occupier entitled to be present etc
692. Safe custody warrant—placement of child or young person
693. Offence—remove child or young person
694. Safe custody—matter must be brought to court promptly

CHAPTER 19--CARE AND PROTECTION—PROVISIONS APPLYING TO ALL PROCEEDINGS UNDER CARE AND PROTECTION CHAPTERS

PART 19.1--APPLICATIONS

695. Application—includes cross-application
696. Application—must include statements, documents and reports
697. Application—statements and reports to be signed etc
698. Application—oral applications
699. Application—withdrawal or discontinuance

PART 19.2--PARTIES

700. Parties—who are parties to an application?
701. Parties—hearing in party's or other person's absence
702. Parties—failure to attend proceeding
703. Parties—court may join affected party
704. Parties—application to join party
705. Parties—filed material to be given to joined parties
706. Parties—application for removal of party
707. Parties—court may remove party
708. Parties—notice of address for service
709. Parties—representation
710. Exclusion of people from hearings

PART 19.3--STANDARD OF PROOF

711. Standard of proof

PART 19.4--WITNESSES AND EVIDENCE

712. Procedures at hearings to be informal
713. Court may call witnesses
714. Court may summons people to attend
715. Child or young person as witness
716. Court not bound by rules of evidence
717. Restriction on taking evidence

PART 19.5--ORDERS

718. Orders—obligations on people
719. Orders—by agreement
720. Orders—must be given to people
721. Residence, contact and specific issues provisions—giving, amending or extending
722. Orders—statement of reasons
723. Orders about service

PART 19.6--COSTS

724. Costs—parties bear own unless court orders otherwise
725. Costs—frivolous, vexatious, dishonest application
726. Costs—parties bear own costs unless order otherwise
727. Costs—how court may share costs

CHAPTER 20--CHILDCARE SERVICES

PART 20.1--CHILDCARE SERVICES--PRELIMINARY

728. Definitions—Act and ch 20
729. Objects—ch 20
730. Principles—ch 20
731. Application—ch 20

PART 20.2--CHILDCARE SERVICES--IMPORTANT CONCEPTS

732. What is a childcare service?
733. What is a childcare centre?
734. What is a family day care scheme?
735. Who is the proprietor of a childcare service?
736. Who is a controlling person for a childcare service?
737. Offence—fail to notify change of controlling person

PART 20.3--CHILDCARE SERVICES--OFFENCES

738. Who is a responsible person for a childcare service?
739. Offence—fail to protect child from injury
740. Offence—fail to supervise child
741. Offence—unreasonably discipline child
742. Offence—fail to maintain buildings, equipment etc

PART 20.4--CHILDCARE SERVICES--CHILDCARE SERVICE LICENCES

Division 20.4.1--Childcare service licences—application, eligibility, etc

743. Childcare service licence—proposed proprietor may apply
744. Childcare service licence—further information
745. Childcare service licence—chief executive need not decide if no information or
746. Childcare service licence—eligibility
747. Childcare service licence—decision on application
748. Childcare service licence—content
749. Childcare service licence—childcare service standards
750. Childcare service licence—length
751. Childcare service licence—extensions
752. Childcare service licence—amendment
753. Childcare service licence—transfer

Division 20.4.2--Childcare service licences—renewal

754. Childcare service licence renewal—licensed proprietor may apply
755. Childcare service licence renewal—further information
756. Childcare service licence renewal—chief executive need not decide if no information
757. Childcare service licence renewal—eligibility
758. Childcare service licence renewal—decision on application

Division 20.4.3--Childcare service licences—suspension and cancellation

759. Who is an affected child?
760. Childcare service licence—compliance notices
761. Childcare service licence—suspension for noncompliance
762. Childcare service licence—ending noncompliance suspension
763. Childcare service licence—suspension if children unsafe
764. Childcare service licence—notice of intention to cancel
765. Childcare service licence—cancellation
766. Childcare service licence—cancellation notice
767. Offence—fail to return cancelled childcare service licence
768. Childcare service licence—identity of childcare workers

Division 20.4.4--Childcare service licences—offences

769. Offence—operate unlicensed childcare service
770. Offence—advertise unlicensed childcare service
771. Offence—operate childcare service when licence suspended
772. Offence—operate childcare service in contravention of standards

Division 20.4.5--Childcare service licences—register, assessment and reporting

773. Childcare service licence—register
774. Assessing compliance with childcare services standards
775. Annual childcare standards report
776. Annual childcare standards report—requirements
777. Annual childcare standards report—consultation

PART 20.5--CHILDCARE SERVICES--ENFORCEMENT

778. Removal of child in immediate danger

CHAPTER 21--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE

PART 21.1--IMPORTANT CONCEPTS

779. Chapter 21 subject to Education Act 2004, s 13
780. Definitions—ch 21
781. When does someone employ a child or young person?
782. When is employment contrary to the best interests of a child or young

PART 21.2--WORK EXPERIENCE PROGRAMS--EXEMPTION

783. Work experience program—exemption from ch 21
784. Work experience program—decision on application
785. Work experience program exemption—further information
786. Suspension of work experience program exemption
787. Revocation of educational institution's exemption

PART 21.3--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE

788. Chief executive may prohibit employment
789. Offence—contravene employment prohibition notice
790. Chief executive may state conditions of employment
791. Offence—contravene employment conditions notice
792. Children and young people employment standards

PART 21.4--EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE UNDERSCHOOL-LEAVING AGE

793. What is light work?
794. What is high risk employment?
795. Offence—employment of children and young people under school-leaving age
796. Exception to s 795—employment in light work
797. Exception to s 795—employment in family business
798. Declaration of high risk employment
799. High risk employment—employer may apply for permit
800. High risk employment permit—decision on application
801. High risk employment permit—further information
802. High risk employment permit—content
803. Offence—employment of child or young person under school-leaving age in high risk
804. Offence—contravene condition of permit

CHAPTER 22--RESEARCH INVOLVING CHILDREN AND YOUNG PEOPLE

805. Definitions—ch 22
806. What is a research project?
807. Approval of research projects—generally
808. Research standards—certain matters to be covered
809. Approval of research projects—child or young person to take
810. Approval of ethics committees
811. Offence—researcher contravene approved standards

CHAPTER 23--ENFORCEMENT

PART 23.1--GENERAL

812. Definitions—ch 23

PART 23.2--POWERS OF AUTHORISED PEOPLE

813. Power to enter premises—general
814. Power to enter premises—Chapter 13 (Care and protection and therapeutic
815. Power to enter premises—ch 15 (Care and Protection—chief executive has
816. Power to enter premises—ch 16 (Care and protection—therapeutic protection
817. Power to enter premises—ch 20 (Childcare services)
818. Production of identity card
819. Consent to entry
820. General powers on entry to premises
821. Duty to give information or documents
822. Power to require name and address
823. Power to seize things

PART 23.3--SEARCH WARRANTS

824. Warrants generally
825. Warrants—application made other than in person
826. Search warrants—announcement before entry
827. Details of search warrant to be given to occupier etc
828. Occupier entitled to be present during search etc

PART 23.4--RETURN AND FORFEITURE OF THINGS SEIZED

829. Receipt for things seized
830. Moving things to another place for examination or processing under search
831. Access to things seized
832. Return of things seized

PART 23.5--MISCELLANEOUS

833. Damage etc to be minimised
834. Compensation for exercise of enforcement powers

CHAPTER 24--APPEALS AND REVIEW

PART 24.1--APPEALS

Division 24.1.1--Appeals generally

835. Appeals to Supreme Court—generally

Division 24.1.2--Appeals—Care and protection chapters

836. Appeals to Supreme Court—care and protection chapters
837. Application of Magistrates Court Act
838. Orders that Supreme Court may make

Division 24.1.3--AAT review

839. Review of decisions—ch 15, ch 20 and ch 21
840. Decision to refuse to give childcare service licence must not be stayed or otherwise

CHAPTER 25--INFORMATION SECRECY AND SHARING

PART 25.1--APPLICATION AND DEFINITIONS

841. Application—ch 25
842. Definitions––Act and ch 25
843. Who is an information holder?
844. What is protected information?
845. What is sensitive information?

PART 25.2--OFFENCE TO RECORD OR DIVULGE PROTECTED INFORMATION

846. Offence—secrecy of protected information
847. Exception to s 846—information given under this Act
848. Exception to s 846—information given under another law
849. Exception to s 846—information given with agreement

PART 25.3--SHARING PROTECTED INFORMATION

Division 25.3.1--Generally

850. Minister or chief executive—giving information to person about the
851. Minister or chief executive—giving information in best interests of child or young
852. Chief executive—giving information to person under corresponding
853. Family group conference facilitator—giving information in best interests of child
854. Out-of-home carer and foster care service—giving information necessary for
855. Chief executive—giving information to researcher
856. Chief executive—giving information to authorised assessor
857. Certain identifying information not to be given

Division 25.3.2--Sharing safety and wellbeing information

858. What is safety and wellbeing information?
859. Who is an information sharing entity?
860. Minister or chief executive—giving safety and wellbeing information to information
861. Information sharing entity—giving safety and wellbeing information to chief
862. Chief executive—asking information sharing entity for safety and wellbeing
863. Care teams—sharing safety and wellbeing information

PART 25.4--COURTS AND INVESTIGATIVE ENTITIES

864. Definitions—pt 25.4
865. Giving protected information to court or investigative entity
866. Court may order sensitive information to be given or produced
867. Investigative entity may divulge protected information etc

PART 25.5--ADMISSIBILITY OF EVIDENCE

868. How child concern reports may be used in evidence
869. Confidential report—not admissible in evidence
870. Confidential report—confidential reporter may give evidence
871. Confidential report—evidence admissible with agreement or leave
872. Things said at conference not admissible in care and protection
873. Interim matters—things said at court-ordered meeting

PART 25.6--PROTECTION OF PEOPLE WHO GIVE INFORMATION

874. Protection of people giving certain information
875. Interaction with other laws

CHAPTER 26--MISCELLANEOUS

876. Confidential report of contravention of Act
877. Offence—tattoo child or young person without agreement
878. Protection of officials from liability
879. ACT child welfare services must assist public advocate
880. Notification of location of child or young person
881. Evidentiary certificates—chief executive—parental
882. Evidentiary certificates—chief executive—custody etc
883. Appointment of analyst for Act
884. Chief police officer delegations
885. Determination of fees
886. Approved forms
887. Standard-making power
888. Regulation-making power
889. Legislation amended
SCHEDULE 1
DICTIONARY
ENDNOTES

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