Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 4

(1)     In this Act, unless the contrary intention appears—

“action” includes a suit or an original proceeding between parties but does not include a criminal proceeding;

“adopting parent” means—

        (a)     a person who has adopted another person by an order of adoption under the Adoption Act 1993 or by a deed of adoption and, where—

              (i)     an order under that Act has been made in favour of a husband and wife on their joint application; or

              (ii)     a husband and wife have, by deed, jointly adopted a child;

includes both the husband and wife; or

        (b)     a person whose adoption of another person has effect under Part 5 of that Act;

“agreement” means an agreement entered into under section 69B or 176;

“approved home” means a home approved by the director for the purposes of this Act;

“attendance centre” means an attendance centre established or declared by the Minister under section 157;

“attendance centre order” means an order made by a court, in relation to a child, that requires the child, during such period, not exceeding 1 year, as the court specifies, to report at an attendance centre and to place himself or herself in the custody of the director;

“Chief Magistrate” has the same meaning as in the Magistrates Court Act;

“child” means a person who has not attained the age of 18 years;

“childrens welfare” means the welfare of children in the Territory;

“community advocate” means the person appointed under subsection 4 (1) of the Community Advocate Act 1991 ;

“conditional discharge order” means an order made by a court in respect of a child discharging the child subject to such conditions as the court specifies;

“council” means the Childrens Services Council constituted by section 13;

“court” means the Magistrates Court when known by virtue of section 20A as the Childrens Court;

“custody” in relation to a child, means—

        (a)     the right to have the daily care and control of the child; and

        (b)     the right and responsibility to make decisions concerning the daily care and control of the child;

“dentist” means a person registered as a dentist under the Dentists Act 1931 ;

“director” means the Director of Family Services;

“institution” means an institution established or declared by the Minister under section 157;

“Magistrates Court Act” means the Magistrates Court Act 1930 ;

“medical practitioner” means a person registered as a medical practitioner under the Medical Practitioners Act 1930 ;

“mental dysfunction” means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion;

“mental health order” means an order of a kind described in sections 26 and 27 of the Mental Health (Treatment and Care) Act 1994 made by the Mental Health Tribunal;

“Mental Health Tribunal” means the Mental Health Tribunal established by section 10 of the Mental Health (Treatment and Care) Act 1994 ;

“offence” includes an offence against a law of the Commonwealth;

“officer” means a person appointed by the director to be an officer for the purposes of this Act;

“official visitor” means the official visitor appointed under section 19A;

“parent”, in relation to a child—

        (a)     includes a step-parent, adopting parent or guardian of the child and a person who is by law liable to maintain the child; and

        (b)     does not include a parent in respect of whom a court has made an order that the parent be no longer a guardian of the child;

“place of safety” means a police station, a hospital or a place the occupier of which is prepared to receive and care for a child temporarily;

“probation order” means an order made by a court—

        (a)     placing a child under the supervision of the director or of some other person specified in the order for the period specified in the order; and

        (b)     requiring the child to report to the supervisor at a place and at intervals specified by the supervisor;

“registered nurse” has the same meaning as in the Nurses Act 1988 ;

“remand centre” has the same meaning as in the Remand Centres Act 1976 ;

“repealed ordinances” means the ordinances repealed by this Act;

“residential order” means an order—

        (a)     that a child be placed—

              (i)     in an approved home; or

              (ii)     in the custody of a person specified in the order, whether the person resides in the Territory or elsewhere; or

        (b)     directing the child to live at such place, whether within or outside the Territory, as the director from time to time determines;

“school” includes any place of education or training;

“shelter” means a shelter established or declared by the Minister under section 157;

“standing committee” means the standing committee of the council;

“State institution” means an institution situated in a State or Territory with a Minister of State of which an agreement has been entered into, being an institution established or constituted under a law of the State or Territory as a place in which children may be detained;

“supervision order” means an order made by a court in respect of a child who has been declared to be in need of care—

        (a)     placing the child under the supervision of—

              (i)     the director or such other person as may be designated for the purpose by the director from time to time; or

              (ii)     a person specified in the order;

for the period specified in the order; and

        (b)     requiring the child, a parent of the child or both the child and a parent of the child to report to the supervisor at a place and at intervals specified by the supervisor;

“supervisor”, in relation to a child in respect of whom a probation order or a supervision order is in force, means the person under whose supervision the child is placed by virtue of the order;

“the school-leaving age” has the same meaning as in the Education Act 1937 ;

“ward” means a child who is a ward of the director by reason of an order or declaration made under this Act and includes a child who becomes a ward of the director by reason of the operation of subsection 3 (3).

(2)     A reference in this Act to the parents of a child or to 1 of the parents of a child shall, where the child has only 1 parent, be read as a reference to that parent.

(3)     A reference in this Act to the person in charge of a hospital shall be read as including a reference to a medical practitioner having authority to act on behalf of the person so in charge.

(4)     A reference in this Act to the person in charge of an approved home shall be read as including a reference to a person having authority to act on behalf of the person so in charge.

(5)     A provision of this Act referring to a shelter shall, in relation to the Jervis Bay Territory, be read as including a reference to a place of safety.