{"id":"a-2008-19","name":"Children and Young People Act 2008","slug":"children-and-young-people-act-2008","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"19 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23231,"registerId":"act-a-2008-19-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Application of Act to children and young people etc 3\n7 Main objects of Act 4\n8 Best interests of children and young people paramount consideration 6\n9 Principles applying to Act 6\n\nPage\ncontents 2 Children and Young People Act 2008\n10 Aboriginal and Torres Strait Islander children and young people—\nplacement principles 7\n10A Aboriginal and Torres Strait Islander children and young people—other\nprinciples 8\nDivision 1.3.1 Definitions\n11 Who is a child? 9\n12 Who is a young person? 9\n13 Who is a family member of a child or young person? 9\n14 Who is a significant person for a child or young person? 10\n15 What is parental responsibility? 10\n16 Parents have parental responsibility 11\n17 Aspects of parental responsibility may be transferred 11\n18 Aspects of parental responsibility may be shared 12\n19 Daily care responsibility for children and young people 14\n20 Long-term care responsibility for children and young people 16\n21 Parents or people with parental responsibility who cannot be found 17\n22 Director-general’s functions 18\n23 Director-general instructions 20\n24 Ministerial directions to director-general 21\n24A Director-general charters 21\n25 Director-general may ask for assistance, etc 22\n26 Director-general must give identity cards 23\nPart 2.2 Children and Youth Services Council\n27 Establishment of council 24\n28 Council members 24\n\nPage\ncontents 3\n37 Meaning of entitled person and visitable place 25\n38 Appointment of official visitors—additional suitability requirement 26\n39 Request for sensitive information by official visitors 26\n60 Definitions—Act and pt 2.4 27\n61 Who is a suitable entity? 27\n62 Entity may apply to be suitable entity for purpose 28\n63 Director-general may approve suitable entity for purpose 28\n64 Director-general must consider suitability information, etc 29\n65 What is suitability information? 30\n66 Director-general may require suitability information 32\n67 Director-general need not decide suitability if information not provided 32\n68 Director-general may require test etc 32\n69 Director-general need not decide suitability if test not taken, etc 33\n70 Offence—ongoing duty to update suitability information 33\n71 Director-general may employ etc suitable entity 35\n72 Suitable entities register 35\nPart 3.1 Family group conferences—general\n73 Definitions—Act 37\n74 Family group conferences—objects 37\n75 What is a family group conference? 38\n76 What is a family group conference agreement? 38\n77 Offence—publish details of family group conferences 39\nPart 3.2 Family group conferences—facilitators\n78 Family group conference facilitators—appointment 40\n79 Family group conference facilitators—functions 40\n\nPage\ncontents 4 Children and Young People Act 2008\nPart 3.3 Family group conferences—arrangement and\nconduct\n80 Family group conferences—criteria 42\n81 Family group conferences—criteria for review conference 43\n82 Family group conferences—facilitator to organise 44\n83 Family group conferences—who must be invited 44\n84 Family group conferences—compliance with standards 45\n85 Family group conferences—parties reach agreement 46\n86 Family group conferences—agreement of young person 47\n87 Family group conferences—before family group conference\nagreement 47\n88 Family group conferences—outcome report 48\n89 Family group conference agreement—when takes effect 49\n90 Family group conference agreements—implementation 50\nChapter 4 Children and young people and criminal\nmatters—general\n91 What are the criminal matters chapters? 51\n92 Overview of the criminal matters chapters 51\n93 Application of criminal matters chapters generally 52\n94 Youth justice principles 53\n95 Who is a young detainee? 55\n96 Who is a youth detention officer? 56\n97 Treating doctors—health service appointments 56\n98 Health practitioners—non-treating functions 57\n99 Transporting young detainees to and from court—young detainees to\nbe kept separate from adult detainees 57\n100 Detaining young detainees at court—young detainees to be kept\nseparate from adult detainees 58\n\nPage\ncontents 5\nDivision 5.1.1 Transfers within ACT—general\n101 Directions to escort officers 59\n102 Orders to bring young detainee before court etc 59\n103 Arrangements for escorting people 60\n104 Escort officer functions etc 60\n105 Escorting arrested person to court etc 61\n106 Custody etc during proceedings 61\n107 Executing warrants of commitment or remand etc 62\n108 Other powers not limited 62\n109 Transfers to health facilities 63\n109A Transfer to mental health facility—notice of change in status 64\nDivision 5.1.4 Transfers of young detainees who become adults\n110 Application—div 5.1.4 65\n111 Transfers to correctional centres—under 21 years old 65\n112 Transfers to correctional centres—21 year olds 66\n113 Transfer—notifying people responsible for or nominated by young\ndetainees 66\n114 Definitions—pt 5.2 68\n115 General agreements with other jurisdictions 69\n116 Transfer arrangements—general 70\n117 Power to arrange for transfers 70\n118 Transfer arrangements—facilities must be adequate 72\n119 Transfer arrangements—content 72\n120 Custody of person on transfer order 74\n121 Custody pending interstate transfer 74\n\nPage\ncontents 6 Children and Young People Act 2008\n122 Transfer to ACT in custody of transfer escort 75\n123 Powers of transfer escorts 75\n124 Offence—escapes during transfer 76\n125 Transfer from ACT of sentence or order 76\n126 Transfer to ACT of sentence or order 77\n127 Director-general may receive young offenders 78\n128 Lawful custody for transit through ACT 78\n129 Escapees may be apprehended without warrant 78\n130 Escapees to be brought before magistrate 79\n131 Court may arrange transfer of apprehended escapees 79\n132 Search warrants for escapees 80\n133 Revocation of transfer order—offence during transfer 82\n134 Revocation of transfer order by director-general 82\n135 Director-general may consider reports etc 83\n136 Application—ch 6 84\n137 Definitions—ch 6 84\n138 Treatment of young detainees generally 85\n139 Treatment of young remandees 86\n140 Treatment of certain young detainees 87\n141 Detention places—minimum living conditions 87\n142 Detention places—declaration 89\n143 Youth detention policies and operating procedures 89\n144 Exclusion of matters from notified youth detention policies etc 90\n\nPage\ncontents 7\n145 Copies of Act, policies etc to be available for inspection at detention\nplace 91\n146 Director-general directions 91\n147 Prohibited areas 92\n148 Prohibited things 92\n149 Declaration of emergency 93\n150 Emergency powers 94\n151 Arrangements with police 94\n152 Assistance from other directors-general 95\nPart 6.3 Access to and inspection of detention places\n153 Inspections by judicial officers and Assembly members 96\n153A Access to detention places 96\n154 Relationship with other inspection laws 97\n155 Meaning of admission—pt 6.4 98\n156 Authority for detention 98\n157 Detention—notifying people responsible for or nominated by young\ndetainees 99\n158 Identification of young detainees 99\n159 Information—entitlements and obligations 100\n160 Initial assessment 102\n161 Health assessment 102\n162 Alcohol and drug tests on admission 103\n163 Security classification 103\n164 Case management plan 103\n165 Entries in register of young detainees 103\n166 Requirements and considerations about placement and separation of\nyoung detainees 104\n167 Food and drink 106\n168 Clothing 107\n169 Personal hygiene 107\n170 Sleeping areas 107\n\nPage\ncontents 8 Children and Young People Act 2008\n171 Treatment of convicted and non-convicted young detainees 108\n172 Access to open air and exercise 108\n173 Communication with family and others 109\n174 Telephone calls 110\n175 Mail 111\n176 News and education 113\n177 Visits by family members etc 113\n178 Contact with accredited people 114\n179 Visits—protected communications 115\n180 Health care 116\n181 Director-general’s consent to medical treatment for young detainees 117\n182 Injury etc—notifying people responsible for or nominated by young\ndetainees 118\n183 Religious, spiritual and cultural needs 119\n184 Compliance with director-general’s directions 121\n185 Register of young detainees 121\n186 Health reports 123\n187 Use of medicines 125\n188 Case management plans—scope etc 126\n189 Transgender and intersex young detainees—sexual identity 127\n190 Security classification—basis etc 128\n191 Property of young detainees 129\n192 Possession of prohibited things 130\n193 Mandatory reporting of threats to security etc at detention place 130\n194 Trust accounts of young detainees 131\n195 Register of searches and uses of force 132\n196 Disapplication of Listening Devices Act 134\n197 Monitoring—general considerations 134\n198 Notice of monitoring 134\n199 Monitoring at detention places 135\n200 Monitoring telephone calls etc 135\n\nPage\ncontents 9\n201 Monitoring ordinary mail 136\n202 Monitoring protected mail 137\n203 Mail searches—consequences 138\nSubdivision 6.6.3.1 General\n204 Definitions—div 6.6.3 138\n205 Purpose of segregation under div 6.6.3 139\n206 Segregation not to affect minimum living conditions 139\n207 Notice of segregation directions—safe room and other 139\nSubdivision 6.6.3.2 Safe room segregation\n208 Designation of safe rooms 140\n209 Segregation—safe room 141\n210 Safe room segregation directions—privacy 142\n211 Review of safe room segregation directions 142\nSubdivision 6.6.3.3 Other segregation\n212 Segregation—safety and security 143\n213 Segregation—protective custody 144\n214 Segregation—health etc 144\n215 Interstate segregated detainees transferred to ACT 145\nSubdivision 6.6.3.4 Review of certain segregation directions\n216 Meaning of segregation direction—subdiv 6.6.3.4 146\n217 Internal review of segregation directions 146\n218 End of segregation directions 147\n219 Application for review of segregation directions 147\n220 External review of segregation directions 148\n221 Notice of decision about segregation direction 148\nSubdivision 6.6.3.5 Register of segregation directions\n222 Register of segregation directions 149\n223 Managing use of force 150\n224 Authority to use force 152\n225 Application of force 152\n226 Use of restraint 153\n\nPage\ncontents 10 Children and Young People Act 2008\n227 Monthly reports about use of force 154\n228 Visiting conditions 154\n229 Notice of visiting conditions 154\n230 Taking prohibited things etc into detention place 155\n231 Directions to visitors 155\n232 Directions to leave detention place etc 156\n233 Removing people from detention place 157\n234 Director-general may allow young child to stay with young detainee 157\nDivision 6.7.1 General\n235 Definitions—pt 6.7 159\n236 Positive test samples 159\n237 Alcohol and drug testing of young detainees 160\n238 Effect of positive test sample by young detainee 161\nDivision 6.7.3 Alcohol and drug testing—youth detention officers\n239 Alcohol and drug testing of youth detention officers 162\n240 Local leave directions 163\n241 Local leave permits 163\n242 Interstate leave permits 165\n243 Effect of interstate leave permit 167\n244 Powers of escort officers 168\n245 Lawful temporary absence from detention place 168\n\nPage\ncontents 11\nChapter 7 Criminal matters—search and seizure at\n246 Definitions—ch 7 171\n247 Relationship with other laws 173\n248 Searches—intrusiveness 174\n249 Searches—use of search dog 174\n250 Searches—transgender and intersex young detainees 175\n251 Notice of strip and body searches—person responsible for or\nnominated by young detainee 175\nPart 7.3 Scanning, frisk and ordinary searches\n252 Directions for scanning, frisk and ordinary searches 177\n253 Requirements for scanning, frisk and ordinary searches 177\n254 Strip searches on admission to detention place 179\n255 Strip searches of young detainees under 18 years old—no-one with\nparental responsibility available 180\n256 Strip searches on admission—directing person to leave 181\n257 Removing people from search area 181\n258 Strip searches directed by director-general 181\n259 Obligations on youth detention officers before strip searches 182\n260 Youth detention officers at strip searches 183\n261 Strip searches—general rules 183\n262 Strip searches—rules about visual inspection of young detainee’s\nbody 184\n263 Strip searches—rules about young detainees’ clothing 185\n264 Body searches directed by director-general 186\n265 Obligations of director-general before body searches 186\n266 People present at body searches 187\n\nPage\ncontents 12 Children and Young People Act 2008\n267 Body searches of young detainees under 18 years old—no-one with\nparental responsibility available 188\n268 Body searches—directing people to leave 189\n269 Removing people from search area 190\n270 Help for body searches 190\n271 Body searches—rules about young detainees’ clothing 191\n272 Body searches—rules about touching young detainees 191\n273 Seizing things discovered during body searches 191\nPart 7.6 Searching people other than detainees\n274 Searches of people other than detainees 192\nPart 7.7 Searches of premises and property\n275 Searches—premises and property generally 194\n276 Searches of young detainee cells—privileged material 195\n277 Searches of young detainee cells—suspected privileged material 195\n278 Searches—use of force 196\n279 Meaning of owner—pt 7.9 197\n280 Seizing mail etc 197\n281 Seizing property—general 199\n282 Notice of seizure 199\n283 Forfeiture of things seized 200\n284 Return of things seized but not forfeited 201\nChapter 8 Criminal matters—discipline at detention\n285 Application—ch 8 202\n286 Definitions—ch 8 202\n287 Meaning of behaviour breach 204\n\nPage\ncontents 13\n288 Meaning of minor behaviour breach 206\n289 Meaning of privilege 206\n290 Overlapping behaviour breaches and criminal offences 207\n291 Who is an investigator? 208\n292 Appointment of investigators 208\n293 Report etc by youth detention officer 208\n294 Reporting and investigation procedures 209\n295 Action by administrator 210\n296 Disciplinary charge 211\nPart 8.3 Dealing with minor behaviour breaches\n297 Behaviour management framework 212\n298 Behaviour management framework—behaviour management\nconsequences 212\n299 Behaviour management framework—limits 213\n300 Right to contact support person—disciplinary action by administrator 214\n301 Behaviour breach admitted by accused detainee 214\n302 Disciplinary action by administrator 215\n303 Meaning of review officer—div 8.4.2 216\n304 Right to contact support person—internal review 216\n305 Application for internal review 216\n306 Internal review of charge 217\n307 Review officer’s powers after internal review 218\n308 Meaning of external reviewer—div 8.4.3 219\n309 Appointment of external reviewers 219\n310 Right to contact support person—external review 219\n311 Application for external review 220\n312 External review of charge 220\n\nPage\ncontents 14 Children and Young People Act 2008\n313 Refusal to review 221\n314 External reviewer’s powers after external review 221\n315 Application—div 8.4.4 223\n316 Meaning of relevant presiding officer—div 8.4.4 223\n317 Disciplinary action by relevant presiding officer 223\n318 Disciplinary action—behaviour management consequences 224\n319 Maximum behaviour management consequences 224\n320 Privileges and entitlements—impact of discipline 225\nChapter 9 Criminal matters—conduct of disciplinary\nreviews\nPart 9.1 Conduct of disciplinary review—general\n321 Application—ch 9 226\n322 Definitions—ch 9 226\n323 Nature of disciplinary reviews 227\n324 Notice of disciplinary review etc 227\n325 Conduct of disciplinary reviews 228\n326 Review officer may require official reports 229\n327 Review officer may require information and documents 229\n328 Possession of review documents etc 230\n329 Record of review 230\n330 Notice of disciplinary hearing 231\n331 Review officer’s powers at review 231\n332 Rights of accused detainee at disciplinary hearing 232\n333 Exclusion of accused detainee from hearing 233\n334 Hearing in accused detainee’s absence 233\n335 Appearance at disciplinary hearing by audiovisual or audio link 233\n\nPage\ncontents 15\n336 What are the care and protection chapters? 235\n337 Age—proof of age to be sought before action taken 236\n338 Age—application of care and protection chapters if no proof of age 236\n339 Age—care and protection chapters stop applying if person discovered\nto be adult 237\n340 Care and protection chapters stop applying when young person\nbecomes adult 238\nPart 10.2 Important concepts—care and protection\n341 Definitions—care and protection chapters 239\n344 What is significant harm? 239\n345 When are children and young people in need of care and protection? 240\n346 Circumstances need not have arisen in ACT 241\n347 Who is a former caregiver? 241\n348 What is contact with a person? 242\nPart 10.3 Principles and considerations—care and\n349 What is in best interests of child or young person? 243\n350 Care and protection principles 244\n351 Helping families understand care and protection procedures 245\n352 Views and wishes of children and young people 247\nDivision 10.4.1 Important concepts\n352A Meaning of organisation 249\n352B Meaning of care and protection purpose 249\n352C Meaning of approved care and protection organisation 250\n352D Meaning of responsible person for an approved care and protection\norganisation 250\n\nPage\ncontents 16 Children and Young People Act 2008\nDivision 10.4.2 Approved care and protection organisations—ongoing\nsuitability\n352E Approved care and protection organisations—responsible person 250\n352F Approved care and protection organisations—monitoring 251\nDivision 10.4.3 Approved care and protection organisations—\ncomplaints\n352G Meaning of noncompliant 251\n352H Complaints—making a complaint 251\n352I Complaints—withdrawing a complaint 252\n352J Complaints—further information or verification 253\n352K Complaints—investigation 253\n352L Complaints—no further action 254\n352M Complaints—action after investigation 254\nDivision 10.4.4 Approved care and protection organisations—\nintervention\n352N Intervention—noncompliance notice 255\n352O Intervention—noncompliance direction 256\n352P Intervention—suspension if child or young person unsafe 257\n352Q Intervention—intention to cancel notice 258\n352R Intervention—cancellation 259\n352S Intervention—cancellation notice 260\n352T Intervention—guidelines 260\nDivision 10.4.5 Approved care and protection organisations—\nsurrendering approval\n352U Surrendering approval 261\nDivision 10.4.6 Approved care and protection organisations register\n352V Approved care and protection organisations register 261\n\nPage\ncontents 17\nChapter 11 Care and protection—reporting and\nassessing risk of significant harm\nPart 11.1 Care and protection—reporting risk of\nDivision 11.1.1 Definitions\n353 Definitions—Act 263\nDivision 11.1.2 Reporting risk of significant harm to children and\n354 Voluntary reporting of risk of significant harm 263\n355 Offence—false or misleading voluntary report 264\n356 Offence—mandatory reporting of significant harm 264\n357 Mandatory reporting—exceptions 267\n358 Offence—false or misleading mandatory report 268\n359 Reports made to public advocate or Aboriginal and Torres Strait\nIslander children and young people commissioner 269\n360 Assessing risk of significant harm 269\nDivision 11.1.3 Prenatal reporting of anticipated risk of significant\nharm\n362 Prenatal reporting—anticipated risk of significant harm 270\n363 Offence—false or misleading prenatal report 273\n364 How prenatal reports may be used in evidence 274\n365 Prenatal report information is sensitive information 274\n366 What is a care and protection appraisal? 276\n367 What is a care and protection assessment? 277\n368 Care and protection appraisal—power to carry out 278\n369 Care and protection appraisal—obtaining agreement etc 279\n370 Care and protection appraisal—obtaining agreement not in best\ninterests of child or young person etc 280\n371 Care and protection appraisal—visual examination and interview 280\n\nPage\ncontents 18 Children and Young People Act 2008\n372 What is an appraisal order? 282\n373 What is a temporary parental responsibility provision? 283\n374 Offence—contravene appraisal order 283\n375 Appraisal orders—prevails over care and protection orders 284\n376 Appraisal orders—application by director-general 284\n377 Appraisal orders—urgent applications 285\n378 Appraisal orders—application to state grounds 286\n379 Appraisal orders—who must be given application 286\n380 Appraisal orders—court to consider application promptly 287\n381 Appraisal orders—no interim orders 287\n382 Appraisal orders—criteria for making 287\n383 Appraisal orders—different provisions and requirements 288\n384 Appraisal orders—length 289\n385 Appraisal orders—extension application 289\n386 Appraisal orders—who must be given extension application? 290\n387 Appraisal orders—court to consider extension application promptly 290\n388 Appraisal orders—criteria for extension 291\nChapter 12 Care and protection—voluntary agreements\nto transfer or share parental responsibility\n389 Definitions—Act and ch 12 292\nPart 12.2 Registration of family group conference\nagreements that transfer or share parental\n390 Registered family group conference agreement—application 293\n391 Registered family group conference agreement—registration 294\n392 Registered family group conference agreement—notice 295\n393 Registered family group conference agreement—effect and\nenforcement 295\n\nPage\ncontents 19\nPart 12.3 Voluntary agreement to share parental\nresponsibility with director-general\n394 What is a voluntary care agreement? 296\n395 Voluntary care agreements—who may initiate? 297\n396 Voluntary care agreements—who are parties? 297\n397 Voluntary care agreements—director-general’s criteria 298\n398 Voluntary care agreements—start day 299\n399 Voluntary care agreements—length 299\n400 Voluntary care agreements—extension 299\n401 Voluntary care agreements—early ending 301\n402 Voluntary care agreements—return of children and young people 301\n403 When are children and young people in need of emergency care and\nprotection? 303\n405 What is emergency action? 303\n406 Emergency action—criteria for taking emergency action 304\n407 Emergency action—assistance 304\n408 Emergency action—certain people must be told 305\n409 Emergency action—daily care responsibility after action 306\n410 Emergency action—length of daily care responsibility 307\n411 Care and protection appraisal and placement 307\n412 Emergency action—contact with family 308\n413 Emergency action—application for orders 308\n414 Emergency action—end of daily care responsibility 309\n415 Emergency action—return of child or young person 309\n416 What is an emergency action release order? 311\n417 Emergency action release order—application 311\n418 Emergency action release order—application to state grounds 312\n419 Emergency action release order—who must be given application 312\n\nPage\ncontents 20 Children and Young People Act 2008\n420 Emergency action release order—criteria for making 313\nChapter 14 Care and protection—care and protection\n421 Definitions—ch 14 314\n422 What is a care and protection order? 315\n423 Offence—contravene care and protection order 316\n424 Care and protection order—application by director-general 317\n425 Care and protection order—application by others 317\n426 Care and protection order—application must state provisions sought\nand grounds 318\n427 Care and protection orders—who must be given application 319\n428 Care and protection order—cross-application for different provisions 319\n429 Care and protection order—cross-application must state provisions\nsought and grounds 320\n430 Care and protection order—court to consider application and cross-\napplication promptly 321\n431 Interim matters—Court action before adjournment 322\n432 Interim matters—court-ordered meeting 323\n433 Interim matters—interim care and protection orders 324\n434 Offence—contravene interim care and protection order 325\n435 Interim care and protection orders—revocation or amendment 326\n436 What is an assessment order? 327\n437 Care and protection assessment—terms of reference for care and\nprotection assessment 328\n438 Care and protection assessment—authorisation of assessors 329\n\nPage\ncontents 21\n439 Care and protection assessment—report after making 330\n440 Offence—contravene assessment order 330\n441 Assessment orders—prevails over care and protection order 330\n442 Assessment orders—on application or court’s own initiative 331\n443 Assessment orders—application by party 331\n444 Assessment orders—application to state grounds 331\n445 Assessment orders—who must be given application 332\n446 Assessment orders—court to consider application promptly 332\n447 Assessment orders—no interim order 332\n448 Assessment orders—criteria for making 333\n449 Assessment orders—length 333\n450 Assessment orders—extension application 334\n451 Assessment orders—extension application must state grounds 334\n452 Assessment orders—who must be given extension application? 334\n453 Assessment orders—court to consider extension application promptly 335\n454 Assessment orders—criteria for extension 335\n455 What is a care plan? 336\n456 Care plans—stability proposals 337\n457 Care plans—who must be consulted 339\n458 Definitions—div 14.3.5 340\n459 Childrens Court may make or amend protection orders 340\n460 Effect of making protection order under this Act 342\nPart 14.4 Making care and protection orders\n464 Care and protection order—criteria for making 343\n465 Care and protection order—length 345\nPart 14.5 Extending, amending and revoking care and\n466 Care and protection order—extension and amendment applications 346\n467 Care and protection order—revocation applications 347\n468 Care and protection order—application to state what sought and\ngrounds 348\n\nPage\ncontents 22 Children and Young People Act 2008\n469 Care and protection order—who must be given extension, amendment\nor revocation 348\n470 Care and protection order—court to consider extension, amendment\nand revocation applications promptly 349\n471 Care and protection order—criteria for extensions and amendments 349\n472 Care and protection order—criteria for revocation 350\n473 Care and protection orders—financial burdens 351\n474 What is a parental responsibility provision? 352\n475 Director-general sharing daily care responsibility 353\n476 What is a short-term parental responsibility provision? 353\n477 Short-term parental responsibility provision—extension 354\n478 Short-term parental responsibility provision—financial contribution 356\nDivision 14.6.3 Long-term parental responsibility provisions\n479 What is a long-term parental responsibility provision? 357\n480 Long-term parental responsibility provision—financial contribution by\nparents 357\n481 What is an enduring parental responsibility provision? 358\n482 Enduring parental responsibility provision—criteria for making 359\n483 Enduring parental responsibility provision—financial contribution 361\n484 What is a residence provision? 362\n485 What is a contact provision? 363\n486 Contact provision—presumption about contact with family 363\n487 Contact provision—sibling may join proceeding without leave 364\nPart 14.9 Drug use provisions\n488 What is a drug use provision? 365\n\nPage\ncontents 23\n489 What is a supervision provision? 366\n490 Supervision provision—meetings with director-general 367\n491 What is an ACAT mental health provision? 368\nPart 14.12 Specific issues provisions\n492 What is a specific issues provision? 369\nPart 14.13 Annual review reports—parental\nresponsibility provisions and supervision\n492A Definitions—pt 14.13 370\n493 What is a reviewable care and protection order? 370\n494 What is an annual review report? 371\n495 Annual review report—prepared at least annually 371\n496 Annual review report—consultation 371\n497 Annual review report—must be given to certain people 372\n498 Annual review report—application for waiver of obligation to give\nreport to someone 373\n499 Annual review report—waiver of obligation to give annual review report\nto someone 374\n500 Annual review report—public advocate may require director-general to\ngive annual review report to someone 374\n501 Annual review report—extension of care and protection order 375\nChapter 14A Care and protection—therapeutic support\npanel for children and young people\n501A Definitions—ch 14A 376\nPart 14A.2 Therapeutic Support Panel for Children and\nYoung People\n501B Establishment of panel 378\n\nPage\ncontents 24 Children and Young People Act 2008\n501C Functions of panel 378\n501D Panel members 379\n501E Appointment of panel members 379\n501F Appointment of chair of panel 381\n501G Functions of chair of panel 382\n501H Appointment of deputy chair of panel 383\n501I Functions of deputy chair of panel 383\n501J Conduct of panel meetings 383\n501K Conflict of interest 383\n501L Ending member appointments 384\n501M Appointment of advisers 384\n501N Director-general to give support to panel 385\n501O Arrangements for panel staff and facilities 385\n501P Power to obtain information from information sharing entity 385\nPart 14A.3 Referrals to therapeutic support panel\n501Q Referrals to therapeutic support panel 387\n501R Panel to act on referrals 388\n501S Panel must take into account harm statement 389\nPart 14A.4 Reporting by therapeutic support panel\n501T Report to Minister 390\nChapter 15 Care and protection—director-general has\naspect of parental responsibility\n502 Definitions—Act 391\n503 Director-general may provide assistance 392\nPart 15.2 Director-general has long-term care\n504 Director-general sharing long-term care responsibility 394\n505 Director-general must consult about long-term care 394\n\nPage\ncontents 25\nPart 15.3 Director-general has daily care responsibility\n506 Pt 15.3 applies to care and protection chapters 395\n507 Public advocate etc to be told about action following appraisals 396\n508 Who is an out-of-home carer? 398\n512 Director-general must place child or young person with out-of-home\ncarer 398\n513 Priorities for placement with out-of-home carer—Aboriginal or Torres\nStrait Islander child or young person 400\n514 Residential care service may accommodate child or young person at\nplace of care 401\n514A Approved carers—individual may apply 402\n514B Approved carers—director-general may approve 402\n514C Approved carers—criteria for approval 404\n514D Approved carers—further information, references etc 404\n514E Approved carers—expiry and renewal of approvals 405\n514EA Approved carers—revocation of approval 406\n514F Offence—ongoing duty to update information 407\nDivision 15.4.2 Authorisation of out-of-home carers and approval of\nplaces of care\n516 Kinship carer—specific parental authority 408\n518 Foster carer—specific parental authority 409\n520 Residential care service—general parental authority 410\n521 Out-of-home carer must be given copy of authorisation and any\nrelevant court orders 411\n524 Revocation of residential care service’s authorisation 411\n525 Approval of places of care 413\nDivision 15.4.3 Information and items to be kept by foster carers and\nresidential care services\n526 Definitions—div 15.4.3 414\n527 Information and items must be kept during placement 415\n528 Information and items must be kept after placement ends 415\n\nPage\ncontents 26 Children and Young People Act 2008\n529 Child or young person may have access to information and items 416\n529A Object—pt 15.5 418\n529B Who is a young adult?—pt 15.5 418\n529BA Who is a previous out-of-home carer for a person?—pt 15.5 418\n529C What is a transition plan? 418\n529D Transition plans—when prepared 419\n529E Transition plans—consultation 420\n529F Transition plans—review—young person for whom director-general\nhas parental responsibility 420\n529G Transition plans—review—young person for whom director-general\ndoes not have parental responsibility 421\n529H Transition plans—review—young adult 422\n529I Assistance generally 422\n529J Financial assistance—child, young person or young adult 424\n529JA Financial assistance—previous out-of-home carer 424\nDivision 15.5.4 Entitlement to personal items and access to protected\n529K Entitlement to personal items 425\n529L Access to protected information—young person 425\n529M Access to protected information—young adult 426\n529N Access to protected information—support and assistance 426\nChapter 16 Care and protection—intensive therapy for\n530 Definitions—Act and ch 16 427\n531 Confinement only under intensive therapy order 428\n\nPage\ncontents 27\n532 What is an intensive therapy order? 429\n533 What is harmful conduct? 430\n534 What is a risk assessment? 430\n535 What is an intensive therapy place? 431\n536 What is a therapy plan? 431\n537 What is intensive therapy history? 433\n538 What is a therapy transition plan? 434\n539 Intensive therapy order—application by director-general 434\n540 Intensive therapy order—application to state grounds etc 434\n541 Intensive therapy orders—who must be given application 436\n542 Intensive therapy order—Childrens Court to consider application\npromptly 436\n543 What is an interim intensive therapy order? 437\n544 Interim intensive therapy order—criteria for making 438\n545 Interim intensive therapy order—confinement direction 438\n546 Interim intensive therapy order—length 439\n547 Interim intensive therapy order—further order 439\n548 Offence—interim intensive therapy order 439\n549 Intensive therapy order—criteria for making 440\n550 Intensive therapy order—confinement directions 442\n551 Intensive therapy order—length 442\n552 Intensive therapy order—statement of reasons 443\n553 Offence—intensive therapy order 443\n554 Definitions—div 16.2.5 444\n555 Initial review 444\n556 Ongoing review 444\n557 Review—views to be considered 445\n558 Review report 445\n\nPage\ncontents 28 Children and Young People Act 2008\n559 Director-general’s action after review 446\n560 Intensive therapy order—extension application 447\n561 Intensive therapy order—extension application must state grounds etc 447\n562 Intensive therapy order—who must be given extension application 448\n563 Intensive therapy order—Childrens Court to consider extension\napplication promptly 448\n564 Intensive therapy order—criteria for extension up to 6 months 449\n565 Intensive therapy order extension—statement of reasons 450\n566 Intensive therapy order—amendment 450\n567 Intensive therapy order—revocation 451\n568 Intensive therapy order—application for amendment or revocation 451\n569 Intensive therapy order—application for amendment must state\ngrounds etc 451\n570 Intensive therapy order—application for revocation must state grounds\netc 453\n571 Intensive therapy order—who must be given application for\namendment or revocation 453\n572 Intensive therapy order—Childrens Court to consider application for\namendment or revocation promptly 454\n573 Intensive therapy order amendment or revocation—criteria for\namendment or revocation 454\n574 Intensive therapy order amendment or revocation—statement of\nreasons 455\n575 Referral of young person with mental disorder or illness 455\nPart 16.3 Children and young people in intensive\ntherapy\nDivision 16.3.1 Preliminary\n576 When is a child or young person in intensive therapy? 457\nDivision 16.3.2 Confinement\n577 Confinement direction 457\n\nPage\ncontents 29\n578 Who is an accredited person? 458\n579 Intensive therapy—visits by accredited people must be allowed 459\n580 Intensive therapy—visits by accredited people 459\n581 Application—div 16.3.4 460\n582 Meaning of owner—div 16.3.4 460\n583 Search and seizure—powers 460\n584 Searches—intrusiveness 461\n585 Searches—use of force 462\n586 Seized property—must tell owner 462\n587 Seized property—forfeiture 463\n588 Seized property—return 464\n589 Intensive therapy place—declaration 465\n590 Intensive therapy place—exclusion of matters from declaration etc 465\n591 Intensive therapy place—policies and procedures 466\n592 Authorisation of operating entity for intensive therapy place 466\n593 Suspension of operating entity’s authorisation 466\n594 Revocation of operating entity’s authorisation 467\n595 Public advocate etc may be given therapy plan 468\n596 Intensive therapy register 468\n597 Intensive therapy register—who may have access? 470\n598 Intensive therapy register—public advocate to inspect 470\nChapter 16A Care and protection—notification and review\nof certain decisions\nPart 16A.1 Preliminary\n635A Definitions—ch 16A 471\n\nPage\ncontents 30 Children and Young People Act 2008\n635B Internal review notices 472\n635C Application for internal review 472\n635D Application not affect internally reviewable decision 473\n635E Internal review 473\n635F Application for ACAT review—internally reviewable decision 474\nPart 16A.3 ACAT review\n635G Reviewable decision notices 475\n635H Application for ACAT review—reviewable decision 475\n635I Application for ACAT review by certain statutory office-holders—\nreviewable decision 475\n635J Definitions—pt 16A.4 476\nDivision 16A.4.2 Parties and appearance\n635K Parties to review application 476\n635L Affected people to be notified about review application 476\n635M Appearance 477\n635N Meaning of direct legal representative and independent legal\nrepresentative—div 16A.4.3 478\n635O Children and young people’s right to express views to ACAT 478\n635P Appointment of legal representative for child or young person 478\n635Q Legal representative to act as direct legal representative or\nindependent legal representative 479\n635R Functions of legal representative 479\n635S Removal of legal representative 480\n635T Appointment of litigation guardian for child or young person 480\n635U Functions of litigation guardian 481\n635V Removal of litigation guardian 482\n635W Children and young people not to be compelled to give evidence 482\n635X Questioning children and young people 482\n\nPage\ncontents 31\n","sortOrder":0},{"sectionNumber":"635Y","sectionType":"section","heading":"Hearings to be in private 483","content":"635Y Hearings to be in private 483\n","sortOrder":1},{"sectionNumber":"635Z","sectionType":"section","heading":"Non-disclosure of information in notices and statements 483","content":"635Z Non-disclosure of information in notices and statements 483\n635ZA Matter before ACAT and court 485\n635ZB Review of ch 16A 485\nChapter 17 Care and protection—interstate transfer of\norders and proceedings\n636 Object of ch 17 487\n637 Definitions—ch 17 487\n638 What is a child welfare order? 489\n639 What is a child welfare proceeding? 489\n640 What is a child welfare law? 489\n641 What is an interstate law? 490\n642 Who is an interstate officer? 490\n643 Director-general may transfer child welfare order 492\n644 Director-general transfer—considerations 493\n645 Director-general transfer—certain people must agree 494\n646 Director-general transfer—certain people must be told 496\n647 Director-general transfer—limited time for review 496\n648 Childrens Court transfer—application 497\n649 Childrens Court transfer—criteria 497\n650 Childrens Court transfer—interstate orders 498\n651 Childrens Court transfer—considerations 499\n652 Childrens Court transfer—care plans 500\n653 Childrens Court transfer—appeal applications 500\n654 Childrens Court transfer—appeals 500\n\nPage\ncontents 32 Children and Young People Act 2008\n655 Interstate registration of ACT orders—effect 501\n656 Interstate registration of ACT orders—revocation 501\n657 Interstate registration of ACT orders—Childrens Court file 502\nPart 17.3 Interstate transfer of ACT child welfare\n658 Transfer of ACT proceedings—applications 503\n659 Transfer of ACT proceedings—criteria 503\n660 Transfer of ACT proceedings—considerations 504\n661 Transfer of ACT proceedings—interim orders 504\n662 Transfer of ACT proceedings—appeal applications 505\n663 Transfer of ACT proceedings—appeals 506\n664 Transfer of ACT proceedings—revocation of registration 506\n665 Transfer of ACT proceedings—Childrens Court file 507\nPart 17.4 ACT registration of interstate child welfare\n666 ACT registration—interstate child welfare orders 508\n667 ACT registration of interstate orders—interstate registrar 508\n668 ACT registration of interstate orders—effect 509\n669 ACT registration of interstate orders—application for revocation 509\n670 ACT registration of interstate orders—revocation 510\n671 ACT revocation of interstate orders—interstate registrar 511\nPart 17.5 ACT registration of interstate child welfare\n672 ACT registration—interstate child welfare proceedings 512\n673 ACT registration of interstate proceedings—interstate registrar 512\n674 ACT registration of interstate proceedings—effect 513\n675 ACT registration of interstate proceedings—application for revocation 513\n676 ACT registration of interstate proceedings—revocation 514\n677 ACT registration of interstate proceedings—interstate registrar 515\n\nPage\ncontents 33\nPart 17.6 Interstate transfer of child welfare orders and\nproceedings—miscellaneous\n678 ACT registration of interstate orders and proceedings—Maori children\nand young people 516\nPart 18.1 Assistance in carrying out orders etc\n679 Police assistance 517\n680 Police powers 518\n681 Seized things may be kept until matter completed 519\n682 Offence—failure to answer police questions 519\n683 Safe custody—parental responsibility to director-general 520\n684 What is a safe custody warrant? 520\n685 Safe custody warrant—application 520\n686 Safe custody warrant—criteria 521\n687 Safe custody warrant—content 522\n688 Safe custody warrant—application made other than in person 523\n689 Safe custody warrant—announcement before entry 524\n690 Safe custody warrant—details of warrant to be given to occupier etc 525\n691 Safe custody warrant—occupier entitled to be present etc 525\n692 Safe custody warrant—placement of child or young person 526\n693 Offence—remove child or young person 526\n694 Safe custody—matter must be brought to court promptly 527\nChapter 19 Care and protection—provisions applying to\ncourt proceedings under care and protection\n695 Application—includes cross-application 528\n696 Application—must include statements, documents and reports 528\n\nPage\ncontents 34 Children and Young People Act 2008\n697 Application—statements and reports to be signed etc 529\n698 Application—oral applications 529\n699 Application—withdrawal or discontinuance 530\n700 Parties—who are parties to an application? 531\n701 Parties—hearing in party’s or other person’s absence 532\n702 Parties—failure to attend proceeding 532\n703 Parties—court may join affected party 533\n704 Parties—application to join party 533\n705 Parties—filed material to be given to joined parties 534\n706 Parties—application for removal of party 534\n707 Parties—court may remove party 534\n708 Parties—notice of address for service 535\n709 Parties—representation 535\n710 Exclusion of people from hearings 536\nPart 19.3 Standard of proof\n711 Standard of proof 537\n712 Procedures at hearings to be informal 538\n713 Court may call witnesses 538\n714 Court may summons people to attend 538\n715 Child or young person as witness 539\n716 Court not bound by rules of evidence 539\n717 Restriction on taking evidence 540\n718 Orders—obligations on people 541\n719 Orders—by agreement 541\n720 Orders—must be given to people 542\n721 Residence, contact and specific issues provisions—giving, amending\nor extending directions 542\n722 Orders—statement of reasons 544\n723 Orders about service 545\n\nPage\ncontents 35\n724 Costs—parties bear own unless court orders otherwise 546\n725 Costs—frivolous, vexatious, dishonest application 546\n726 Costs—parties bear own costs unless order otherwise 547\n727 Costs—how court may share costs 547\nPart 19.7 Proceedings related to discrimination\ncomplaints\n727AA Declaration in relation to discrimination complaint 548\n727AB Discrimination commissioner may make submission 549\nChapter 19A Children and Young People Death Review\nCommittee\n727A Establishment of committee 550\n727B Functions of committee 550\n727C Committee members 551\n727D Appointment of committee members 551\n727E Appointment of chair of committee 553\n727EA Appointment of deputy chair of committee 554\n727F Conflict of interest 554\n727H Ending member appointments 554\n727I Arrangements for staff 555\n727IA Appointment of advisers 555\n727J Meetings 556\n727K Presiding member at meetings 556\n727L Quorum at meetings 556\n727M Voting at meetings 556\nPart 19A.3 Register of deaths of children and young\n727N Children and young people deaths register 557\n\nPage\ncontents 36 Children and Young People Act 2008\n727O Obtaining information from certain entities 558\n727P Exchanging information with corresponding interstate entities 559\n727Q Power to ask for information, documents and other things 559\n727R Children and young people deaths register—who may have access? 560\n727S Biennial reporting 562\n727T Other reports 563\n728 Definitions—Act and ch 20 564\n729 Objects—ch 20 565\n730 Principles—ch 20 565\n731 Application—ch 20 566\nPart 20.2 Childcare services—important concepts\n732 What is a childcare service? 567\n733 What is a childcare centre? 567\n734 What is a family day care scheme? 568\n735 Who is the proprietor of a childcare service? 568\n736 Who is a controlling person for a childcare service? 569\n737 Offence—fail to notify change of controlling person 569\n738 Who is a responsible person for a childcare service? 570\n739 Offence—fail to protect child from injury 570\n740 Offence—fail to supervise child 571\n741 Offence—unreasonably discipline child 571\n742 Offence—fail to maintain buildings, equipment etc 572\n\nPage\ncontents 37\nPart 20.4 Childcare services—childcare service\nlicences\n743 Childcare service licence—proposed proprietor may apply 573\n744 Childcare service licence—further information 574\n745 Childcare service licence—director-general need not decide if no\ninformation or inspection 574\n746 Childcare service licence—eligibility 575\n747 Childcare service licence—decision on application 575\n748 Childcare service licence—content 576\n749 Childcare service licence—childcare service standards 577\n750 Childcare service licence—length 578\n751 Childcare service licence—extensions 579\n752 Childcare service licence—amendment 579\n753 Childcare service licence—transfer 580\n754 Childcare service licence renewal—licensed proprietor may apply 581\n755 Childcare service licence renewal—further information 581\n756 Childcare service licence renewal—director-general need not decide if\nno information or inspection 582\n757 Childcare service licence renewal—eligibility 582\n758 Childcare service licence renewal—decision on application 583\nDivision 20.4.3 Childcare service licences—suspension and\ncancellation\n759 Who is an affected child? 585\n760 Childcare service licence—compliance notices 585\n761 Childcare service licence—suspension for noncompliance 587\n762 Childcare service licence—ending noncompliance suspension 588\n763 Childcare service licence—suspension if children unsafe 589\n764 Childcare service licence—notice of intention to cancel 589\n765 Childcare service licence—cancellation 591\n766 Childcare service licence—cancellation notice 592\n767 Offence—fail to return cancelled childcare service licence 592\n768 Childcare service licence—identity of childcare workers protected 593\n\nPage\ncontents 38 Children and Young People Act 2008\n769 Offence—operate unlicensed childcare service 593\n770 Offence—advertise unlicensed childcare service 594\n771 Offence—operate childcare service when licence suspended 595\n772 Offence—operate childcare service in contravention of standards 595\nDivision 20.4.5 Childcare service licences—register, assessment and\nreporting\n773 Childcare service licence—register 596\n774 Assessing compliance with childcare services standards 596\n775 Annual childcare standards report 597\n776 Annual childcare standards report—requirements 599\n777 Annual childcare standards report—consultation 599\n778 Removal of child in immediate danger 601\n780 Definitions—ch 21 603\n781 When does someone employ a child or young person? 604\n782 When is employment contrary to the best interests of a child or young\nperson? 604\n783 Work experience program—exemption from ch 21 605\n784 Work experience program—decision on application 605\n785 Work experience program exemption—further information 606\n786 Suspension of work experience program exemption 606\n787 Revocation of educational institution’s exemption 607\nPart 21.3 Employment of children and young people\n788 Director-general may prohibit employment 609\n789 Offence—contravene employment prohibition notice 609\n790 Director-general may state conditions of employment 610\n\nPage\ncontents 39\n791 Offence—contravene employment conditions notice 610\n792 Children and young people employment standards 610\nPart 21.4 Employment of children and young people\nunder 15 years old\n793 What is light work? 611\n794 What is high risk employment? 611\n795 Offence—employment of children and young people under 15 years\nold 611\n796 Exception to s 795—employment in light work 612\n797 Exception to s 795—employment in family business 612\n798 Declaration of high risk employment 613\n799 High risk employment—employer may apply for permit 613\n800 High risk employment permit—decision on application 613\n801 High risk employment permit—further information 614\n802 High risk employment permit—content 615\n803 Offence—employment of child or young person under 15 years old in\nhigh risk employment 615\n804 Offence—contravene condition of permit 615\nChapter 22 Research involving children and young\n805 Definitions—ch 22 617\n806 What is a research project? 617\n807 Approval of research projects—generally 619\n808 Research standards—certain matters to be covered 619\n809 Approval of research projects—child or young person to take part 620\n810 Approval of ethics committees 621\n811 Offence—researcher contravene approved standards 621\n812 Definitions—ch 23 622\n\nPage\ncontents 40 Children and Young People Act 2008\n813 Power to enter premises—general 624\n814 Power to enter premises—ch 13 (Care and protection—emergency\nsituations) 624\n815 Power to enter premises—ch 15 (Care and Protection—\ndirector-general has aspect of parental responsibility) 625\n816 Power to enter premises—ch 16 (Care and protection—intensive\ntherapy for children and young people) 626\n817 Power to enter premises—ch 20 (Childcare services) 627\n818 Production of identity card 628\n819 Consent to entry 628\n820 General powers on entry to premises 629\n821 Duty to give information or documents 630\n822 Power to require name and address 631\n823 Power to seize things 631\n824 Warrants generally 633\n825 Warrants—application made other than in person 634\n826 Search warrants—announcement before entry 635\n827 Details of search warrant to be given to occupier etc 636\n828 Occupier entitled to be present during search etc 636\nPart 23.4 Return and forfeiture of things seized\n829 Receipt for things seized 637\n830 Moving things to another place for examination or processing under\nsearch warrant 637\n831 Access to things seized 638\n832 Return of things seized 639\n833 Damage etc to be minimised 640\n834 Compensation for exercise of enforcement powers 640\n\nPage\ncontents 41\nDivision 24.1.1 Appeals generally\n835 Appeals to Supreme Court—generally 641\nDivision 24.1.2 Appeals—Care and protection chapters\n836 Appeals to Supreme Court—care and protection chapters 641\n837 Application of Magistrates Court Act 642\n838 Orders that Supreme Court may make 642\n839 Meaning of reviewable decision—div 24.1.3 643\n839A Reviewable decision notices 647\n839B Applications for review 647\n840 Decision to refuse to give childcare service licence must not be stayed\nor otherwise affected pending outcome of review 647\n841 Application—ch 25 648\n842 Definitions––Act and ch 25 649\n843 Who is an information holder? 649\n844 What is protected information? 650\n845 What is sensitive information? 651\nPart 25.2 Offence to record or divulge protected\n846 Offence—secrecy of protected information 655\n847 Exception to s 846—information given under this Act 656\n848 Exception to s 846—information given under another law 657\n849 Exception to s 846—information given with agreement 657\n849A Exception to s 846—information given for civil claims in which Territory\nis respondent 658\n\nPage\ncontents 42 Children and Young People Act 2008\n850 Minister or director-general—giving information to person about the\nperson 659\n851 Minister or director-general—giving information in best interests of\nchild or young person 659\n852 Director-general—giving information to person under corresponding\nprovisions 660\n853 Family group conference facilitator—giving information in best\ninterests of child or young person 660\n854 Out-of-home carer and approved kinship and foster care\norganisation—giving information necessary for responsibilities 660\n855 Director-general—giving information to researcher 661\n856 Director-general—giving information to authorised assessor 661\n856A Director-general—giving information to commissioner for fair trading 661\n856B Responsible person—giving information to commissioner for fair\ntrading 662\n856C Giving and using information for civil claims in which Territory is\nrespondent 662\n857 Certain identifying information not to be given 664\n858 What is safety and wellbeing information? 665\n859 Who is an information sharing entity? 665\n860 Minister or director-general—giving safety and wellbeing information to\ninformation sharing entity 667\n861 Information sharing entity—giving safety and wellbeing information to\ndirector-general 667\n862 Director-general—asking information sharing entity for safety and\nwellbeing information 667\n863 Care teams—sharing safety and wellbeing information 668\n863A Definitions—div 25.3.3 669\n863B Entity may request reportable conduct information 670\n863C Entity may provide reportable conduct information 671\n863CA Unsolicited provision of information 672\n863D Restriction on use of information given under this division 672\n\nPage\ncontents 43\n863E Protection from liability for providing reportable conduct information 673\n863F Reportable conduct information may be given despite territory law to\nthe contrary 673\n863G Coordination etc between entities 673\n864 Definitions—pt 25.4 674\n865 Giving protected information to court or investigative entity 674\n865A Giving protected information to police 675\n866 Court may order sensitive information to be given or produced 675\n867 Investigative entity may divulge protected information etc 676\n868 How voluntary reports or mandatory reports may be used in evidence 678\n869 Confidential report—not admissible in evidence 678\n870 Confidential report—confidential reporter may give evidence 679\n871 Confidential report—evidence admissible with agreement or leave 679\n871A Evidence relating to children and young people under age of criminal\nresponsibility in intensive therapy etc inadmissible in criminal\nproceeding 680\n872 Things said at conference not admissible in care and protection\nproceedings 681\n873 Interim matters—things said at court-ordered meeting 681\n874 Protection of people giving certain information 682\n875 Interaction with other laws 684\n876 Confidential report of contravention of Act 685\n876A Power of court to bring young detainee before it—civil proceeding 685\n877 Offence—tattoo child or young person without agreement 686\n878 Protection of officials from liability 687\n879 ACT child welfare services to assist certain statutory office holders 688\n880 Notification of location of child or young person 689\n\nPage\ncontents 44 Children and Young People Act 2008\n881 Evidentiary certificates—director-general—parental responsibility 690\n882 Evidentiary certificates—director-general—custody etc 690\n883 Appointment of analyst for Act 691\n883A Director-general delegations—approved care and protection\norganisations 691\n883B Subdelegations—approved care and protection organisations 693\n883C Register of subdelegations 694\n884 Chief police officer delegations 694\n885 Determination of fees 695\n886 Approved forms 695\n887 Standard-making power 695\n888 Regulation-making power 696\nDictionary 698\n1 About the endnotes 722\n2 Abbreviation key 722\n3 Legislation history 723\n4 Amendment history 737\n5 Earlier republications 817\n6 Expired transitional or validating provisions 824\n\nAn Act about the welfare of children and young people, and for other purposes\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Children and Young People Act 2008.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘drug of dependence—see the\nDrugs of Dependence Act 1989, dictionary.’ means that the term ‘drug of\ndependence’ is defined in the dictionary to that Act and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nIntroduction Part 1.1\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act to children and young people etc","content":"6 Application of Act to children and young people etc\nThe functions under this Act may be exercised for a child or young\nperson, or a young offender or young detainee—\n(a) who ordinarily lives in the ACT; or\n(b) who does not ordinarily live in the ACT, but who is in the ACT;\nor\n(c) about whom a report is made under—\n(i) section 354 (Voluntary reporting of risk of significant\nharm) arising from something happening in the ACT; or\n(ii) section 356 (Offence—mandatory reporting of significant\nharm) arising from something happening in the ACT; or\n(iii) section 362 (Prenatal reporting of anticipated risk of\nsignificant harm) if the pregnant woman ordinarily lives in\nthe ACT or is in the ACT.\n\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"2 Objects, principles and","content":"Part 1.2 Objects, principles and\nconsiderations\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Main objects of Act","content":"7 Main objects of Act\nThe objects of this Act include—\n(a) providing for, and promoting, the safety, welfare and wellbeing\nof children and young people in a way that—\n(i) recognises their right to grow in a safe and stable\nenvironment; and\n(ii) takes into account the responsibilities of parents, families,\nthe community and the whole of government for them; and\n(b) ensuring that children and young people are provided with a safe\nand nurturing environment by organisations and people who,\ndirectly or indirectly, provide for their safety, welfare and\nwellbeing; and\n(c) providing for children and young people to receive the care and\nprotection necessary to protect them from significant harm by\nproviding whole of government assistance to them, their parents\nand families, the community and others who have a\nresponsibility for them; and\n(d) ensuring that Aboriginal and Torres Strait Islander people are\nincluded and participate in—\n(i) providing for, and promoting, the safety, welfare and\nwellbeing of Aboriginal and Torres Strait Islander children\nand young people; and\n(ii) providing for Aboriginal and Torres Strait Islander\nchildren and young people to receive the care and\nprotection necessary to protect them from significant harm;\nand\n\nObjects, principles and considerations Part 1.2\n(iii) rehabilitating and reintegrating Aboriginal and Torres\nStrait Islander young offenders; and\n(e) ensuring that services provided by, or for, government for the\nsafety, welfare and wellbeing of children and young people—\n(i) are centred on the needs of children and young people; and\n(ii) are informed by processes which engage children and\nyoung people, wherever possible, and take their views and\nwishes into account; and\n(iii) foster and promote the health, education, developmental\nneeds, spirituality, self-respect, self-reliance and dignity of\nchildren and young people; and\n(iv) respect the individual race, ethnicity, religion, disability,\nsexuality and culture of children and young people; and\n(f) ensuring that young offenders—\n(i) receive positive support and opportunities to become\nrehabilitated and reintegrated community members; and\n(ii) share responsibility for rehabilitation and reintegration\nwith their parents and families, the community and the\ngovernment in partnership; and\n(g) imposing standards that must be complied with for the delivery\nof services to children and young people; and\n(h) ensuring the protection of children and young people in\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Best interests of children and young people paramount","content":"8 Best interests of children and young people paramount\nconsideration\n(1) In making a decision under this Act in relation to a particular child or\nyoung person, the decision-maker must regard the best interests of the\nchild or young person as the paramount consideration.\n(2) In making a decision under this Act otherwise than in relation to a\nparticular child or young person, the decision-maker must consider\nthe best interests of children and young people.\nNote 1 For the criminal matters chapters (see s 91), there are further provisions\nabout how a decision-maker decides what is in the best interests of a child\nor young person, see s 94 (Youth justice principles).\nNote 2 For the care and protection chapters (see s 336), there are further\nprovisions about how a decision-maker decides what is in the best\ninterests of a child or young person (see s 349).\n(3) To remove any doubt, a reference in any section of this Act to the best\ninterests of a child or young person does not limit this section.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Principles applying to Act","content":"9 Principles applying to Act\n(1) In making a decision under this Act in relation to a child or young\nperson, a decision-maker must have regard to the following principles\nwhere relevant, except when it is, or would be, contrary to the best\ninterests of a child or young person:\n(a) the child’s or young person’s sense of racial, ethnic, religious,\nindividual or cultural identity should be preserved and\nenhanced;\n(b) the child’s or young person’s education, training or lawful\nemployment should be encouraged and continued without\nunnecessary interruption;\n(c) the child’s or young person’s age, maturity, developmental\ncapacity, sex, background and other relevant characteristics\nshould be considered;\n\nObjects, principles and considerations Part 1.2\n(d) delay in decision-making processes under the Act should be\navoided because delay is likely to prejudice the child’s or young\nperson’s wellbeing.\nNote In addition to these general principles, the following principles also\napply:\n(a) for the care and protection chapters—care and protection principles\n(see s 350);\n(b) for ch 20—childcare services principles (see s 730).\n(2) A decision-maker exercising a function under this Act must, where\npracticable and appropriate, have qualifications, experience or skills\nsuitable to apply the principles in subsection (1) in making decisions\nunder the Act in relation to children and young people.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Aboriginal and Torres Strait Islander children and young","content":"10 Aboriginal and Torres Strait Islander children and young\npeople—placement principles\nIn making a decision under this Act in relation to an Aboriginal or\nTorres Strait Islander child or young person, the decision-maker must\ntake into account the following principles (the Aboriginal and Torres\nStrait Islander children and young people placement principles) in\naddition to the matters in section 8 and section 9:\n(a) the principle (the prevention principle) that children and young\npeople should be brought up within their own family,\ncommunity and culture;\n(b) the principle (the partnership principle) that Aboriginal and\nTorres Strait Islander community representatives should be\ngiven opportunities to participate in—\n(i) the design and delivery of services for children and young\npeople; and\n(ii) decisions under this Act about children and young people;\n\n(c) the principle (the placement principle) that a child or young\nperson who is to be placed with an out-of-home carer must be\nplaced in accordance with the priorities for placement set out in\nsection 513;\n(d) the principle (the participation principle) that a child or young\nperson, their parents and other family members should be given\nopportunities to participate in decision-making processes about\ncare arrangements for the child or young person, including\nplacement and contact;\n(e) the principle (the connection principle) that children and young\npeople should have their connections to family, community,\nculture and country supported and maintained.\nNote In making a decision under this Act in relation to an Aboriginal or Torres\nStrait Islander child or young person, the decision-maker must also\nconsider the child’s or young person’s rights under the Human Rights\nAct 2004, s 27 (Cultural and other rights of Aboriginal and Torres Strait\nIslander peoples and minorities) (see that Act, s 40B).\n","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Aboriginal and Torres Strait Islander children and young","content":"10A Aboriginal and Torres Strait Islander children and young\npeople—other principles\nThe following principles are to be applied in administering this Act:\n(a) Aboriginal and Torres Strait Islander people should participate\nin the care and protection of their children and young people\nwith as much self-determination as is possible;\n(b) the government has a responsibility to protect and promote\nAboriginal and Torres Strait Islander children and young\npeople’s cultural identity.\n\nDefinitions Division 1.3.1\nDivision 1.3.1 Definitions\n11 Who is a child?\nchild means a person who is under 12 years old.\n12 Who is a young person?\nyoung person means a person who is 12 years old or older, but not\nyet an adult.\nNote Adult is defined in the Legislation Act, dict, pt 1.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Who is a family member of a child or young person?","content":"13 Who is a family member of a child or young person?\nfamily member, of a child or young person—\n(a) means the child’s or young person’s—\n(i) parent, grandparent or step-parent; or\n(ii) son, daughter, stepson or stepdaughter; or\n(iii) sibling; or\n(iv) uncle or aunt; or\n(v) nephew, niece or cousin; and\n(b) for an Aboriginal or Torres Strait Islander child or young\nperson—includes a person who has responsibility for the child\nor young person in accordance with the traditions and customs\nof the child’s or young person’s Aboriginal or Torres Strait\nIslander community.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Who is a significant person for a child or young person?","content":"14 Who is a significant person for a child or young person?\nsignificant person, for a child or young person, means a person,\n(other than a family member) who the child or young person, a family\nmember of the child or young person or the director-general considers\nis significant in the child’s or young person’s life.\nExamples—people who may be significant people\n1 a father-in-law, mother-in-law, brother-in-law or sister-in-law of a young\n2 a long-term friend of a child or young person\n3 a person who normally lives with the child or young person\n4 a domestic partner of a young person\n5 a domestic partner of a parent of a child or young person\n6 a boyfriend or girlfriend of a young person\n7 a person who has responsibility for the child or young person in accordance\nwith the cultural traditions and customs of the child’s or young person’s\ncommunity\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"What is parental responsibility?","content":"15 What is parental responsibility?\nparental responsibility, for a child or young person, means all the\nduties, powers, responsibilities and authority parents have by law in\nrelation to their children, including the following aspects of parental\nresponsibility:\n(a) daily care responsibility for the child or young person;\n(b) long-term care responsibility for the child or young person.\n\n16 Parents have parental responsibility\n(1) Each parent of a child or young person has parental responsibility for\n(2) To remove any doubt, parent includes a parent who is not an adult.\n(3) This section is subject to the following sections:\n(a) section 17 (Aspects of parental responsibility may be\ntransferred);\n(b) section 18 (Aspects of parental responsibility may be shared).\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Aspects of parental responsibility may be transferred","content":"17 Aspects of parental responsibility may be transferred\n(1) Parental responsibility may be transferred from a person to someone\nelse under—\n(b) an appraisal order including a temporary parental responsibility\nNote Appraisal orders and temporary parental responsibility provisions\nare dealt with in s 372 and s 373.\n(c) emergency action; or\nNote Emergency action is dealt with in pt 13.1.\n(d) a care and protection order including a parental responsibility\n(e) a safe custody warrant; or\n\n(f) a court order (under this Act or another law in force in the\nTerritory); or\nExample—court order under another law\na parenting order under the Family Law Act 1975 (Cwlth)\n(g) a provision of another law in force in the Territory.\nNote If parental responsibility for a child or young person is transferred to the\ndirector-general, the director-general may delegate the responsibility to a\nresponsible person for an approved kinship and foster care organisation\n(see s 883A). The responsible person may subdelegate it to a position in\nthe organisation (see s 883B). However, the director-general must ensure\nthat the delegated or subdelegated parental responsibility is properly\nexercised (see Legislation Act, s 238).\n(2) If parental responsibility is transferred from a person to someone\nelse—\n(a) only the aspect of parental responsibility expressly stated to be\ntransferred is transferred; and\n(b) no-one else’s parental responsibility, or aspect of parental\nresponsibility, for the child or young person is diminished\nexcept to the extent expressly stated or necessary to give effect\nto the transfer.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Aspects of parental responsibility may be shared","content":"18 Aspects of parental responsibility may be shared\n(1) Parental responsibility may be shared between 2 or more people\nunder—\n(b) a voluntary care agreement; or\nNote Voluntary care agreements are dealt with in pt 12.3.\n(c) a care and protection order including a parental responsibility\n\n(d) a court order (under this Act or another law in force in the\nTerritory).\nNote If parental responsibility for a child or young person is shared with the\ndirector-general, the director-general may delegate the responsibility to a\nresponsible person for an approved kinship and foster care organisation\n(see s 883A). The responsible person may subdelegate it to a position in\nthe organisation (see s 883B). However, the director-general must ensure\nthat the delegated or subdelegated parental responsibility is properly\nexercised (see Legislation Act, s 238).\n(2) If parental responsibility is shared between 2 or more people, either\nof them may discharge the responsibility.\n(3) This section is subject to the following sections:\n(a) section 475 (Director-general sharing daily care responsibility);\nNote If the director-general shares daily care responsibility for a child or\nyoung person, no other person with daily care responsibility for the\nchild or young person may discharge the responsibility in a way\nthat would be incompatible with the director-general’s discharge\nof the responsibility (see s 475 (2)).\n(b) section 504 (Director-general sharing long-term care\nresponsibility);\nNote If the director-general shares long-term care responsibility for a\nchild or young person and under a parental responsibility provision\nis required to consult with each other person who shares long-term\ncare responsibility for the child or young person in making a\ndecision about a long-term matter for the child or young person,\nand another person who has long-term care responsibility for the\nchild or young person disagrees with the director-general’s\nproposed decision, the person or director-general may apply to the\nChildrens Court for an order about the matter and the\ndirector-general is required to not make the decision without the\nperson’s agreement (see s 504 (2)).\n\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Daily care responsibility for children and young people","content":"19 Daily care responsibility for children and young people\n(1) A person who has daily care responsibility for a child or young\nperson has responsibility for, and may make decisions about, the\nchild’s or young person’s daily care.\nExamples—daily care responsibilities and decisions\n1 where and with whom the child or young person lives\n2 people with whom the child or young person may, or must not, have contact\n3 arrangements for temporary care of the child or young person by someone else\n4 everyday decisions, including, for example, about the personal appearance of\nthe child or young person\n5 daily care decisions about education, training and employment\n(2) A person who has daily care responsibility for a child or young person\nmay do any of the following:\n(a) consent to a health care assessment of the child’s or young\nperson’s physical or mental wellbeing and have access to the\nassessment report;\n(b) on the advice of a health practitioner—consent to health care\ntreatment, not including surgery (other than surgery mentioned\nin paragraph (c)), for the child or young person;\n(c) on the advice of a dentist or dental therapist—consent to dental\ntreatment, including minor dental surgery, for the child or young\n(3) If the person makes a decision about the people with whom the child\nor young person may have contact, the person is also responsible for\narrangements to give effect to the decision.\n\n(4) This section does not limit the matters for which the person has\nresponsibility to make decisions for the child or young person, but is\nsubject to—\n(a) a court order (under this Act or another law); and\n1 A decision by a person who has daily care responsibility for a child\nabout people with whom the child may or may not have contact is\nsubject to a care and protection order that includes a contact provision\nabout who may, or must not, have contact with the child.\n","sortOrder":19},{"sectionNumber":"2","sectionType":"section","heading":"A decision by a person who has daily care responsibility for a child or","content":"2 A decision by a person who has daily care responsibility for a child or\nyoung person about where and with whom the child or young person\nlives is subject to a care and protection order that includes a residence\nprovision.\n3 The Childrens Court makes a care and protection order for a young\nperson that includes a parental responsibility provision that a stated\nperson who has daily care responsibility for the young person must\nexercise it in a stated way. The person’s exercise of daily care\nresponsibility for the young person is subject to the order.\n(b) if there is a care plan in force for the child or young person—the\ncare plan.\nNote A care plan for a child or young person is a written plan of the\ndirector-general’s proposals for the care and protection of the child\nor young person (see s 455).\n(5) To remove any doubt, this section does not affect any right of a child\ndental therapist—\n(a) means a person registered under the Health Practitioner\nRegulation National Law (ACT) Act 2010 to practise the health\nprofession of dental therapist (other than as a student); and\n\n(b) for an activity, includes a person mentioned in paragraph (a)\nholding limited or provisional registration, to the extent that the\nperson is allowed to do the activity under the person’s\nregistration.\nhealth care assessment, of a child or young person, means an\nassessment of the child’s or young person’s physical or mental\nwellbeing (including admission to hospital).\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Long-term care responsibility for children and young","content":"20 Long-term care responsibility for children and young\n(1) A person who has long-term care responsibility for a child or young\nperson has—\n(a) responsibility for the long-term care, protection and\ndevelopment of the child or young person; and\n(b) all the powers, responsibilities and authority a guardian of a\nchild or young person has by law in relation to the child or young\nExamples—long-term care responsibilities\n1 administration, management and control of the child’s or young person’s\nproperty\n2 religion and observance of racial, ethnic, religious or cultural traditions\n3 obtaining or opposing the issuing of a passport for the child or young person\n4 long-term decisions about education, training and employment\n(2) A person who has long-term care responsibility for a child or young\nperson may, on the advice of a health practitioner, consent to health\ncare treatment that involves surgery for the child or young person.\nNote Consent to minor dental surgery may be given by a person who has daily\ncare responsibility for the child or young person (see s 19 (2) (c)).\n\n(3) This section does not limit the matters for which the person has\nresponsibility in relation to the child or young person, but is subject\nto—\n(a) a court order (under this Act or another law); and\n(b) if there is a care plan in force for the child or young person—the\ncare plan.\nNote 1 The Childrens Court may make a care and protection order for a\nchild or young person that includes a parental responsibility\nprovision giving long-term care responsibility for the child or\nyoung person to someone, or removing the responsibility from\nsomeone, or stating how someone may exercise the responsibility\n(see pt 14.6).\nNote 2 A care plan for a child or young person is a written plan of the\ndirector-general’s proposals for the care and protection of the child\nor young person (see s 455).\n(4) To remove any doubt, this section does not affect any right of a child\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Parents or people with parental responsibility who cannot","content":"21 Parents or people with parental responsibility who cannot\nbe found\n(1) This section applies if a provision of this Act requires a person to act\nin relation to a parent of, or a person with parental responsibility for,\na child or young person.\n(2) The person is not required to act in relation to the parent or other\nperson if the person cannot after reasonable inquiry find the parent or\nother person.\n\nNotes to ch 2\nparamount consideration (see s 8 (1)).\nIn making a decision under this chapter otherwise than in relation to a particular\nchild or young person, the decision-maker must consider the best interests of\nchildren and young people (see s 8 (2)).\nNote to pt 2.1\nFor provisions applying when the director-general has parental responsibility for a\nchild or young person, see ch 15.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Director-general’s functions","content":"22 Director-general’s functions\n(1) The director-general has the following functions:\n(a) providing, or assisting in providing, services directed to\nstrengthening and supporting families in relation to the safety,\nwelfare and wellbeing of their children and young people;\n(b) providing, or assisting in providing, support and services to\nfamilies to—\n(i) reduce the risk of significant harm to children and young\npeople; and\n(ii) protect children and young people if a risk of significant\nharm has been identified;\n(c) providing, or assisting in providing, information to parents,\nkinship carers and foster carers, prospective kinship carers and\nfoster carers, government agencies, non-government agencies\nand members of the community about the operation of this Act;\n\n(d) providing, or assisting in providing, information to mandated\nreporters to help them perform their legal obligation;\n(e) providing, or assisting in providing, information to people who\nreport to the director-general under part 11.1 (Care and\nprotection—reporting risk of significant harm) and encouraging\nthem to continue their involvement in matters arising from their\nreport;\n(f) providing, or assisting in providing, services for the safety and\nwellbeing of children and young people;\n(g) providing, or assisting in providing, services for the safety and\nwellbeing of children and young people who carry out, or are at\nrisk of carrying out, harmful conduct;\n(h) exercising aspects of parental responsibility for children and\n(i) providing, or assisting in providing, information, services or\nassistance to children and young people who have left the\ndirector-general’s care;\n(j) providing, or assisting in providing, services for—\n(i) children and young people being dealt with by a police\nofficer or held in police custody, whether or not charges\ncan be or have been laid against them; and\n(ii) young people being dealt with under the criminal law\nsystem;\n(k) providing, or assisting in providing, services for—\n(i) adults under 21 years old (young adults) being dealt with\nby a police officer or held in police custody for an offence\ncommitted or allegedly committed by them when under\n18 years old (a youth offence), whether or not charges can\nbe or have been laid against them for the youth offence;\nand\n\n(ii) young adults being dealt with under the criminal law\nsystem for youth offences;\n(l) providing, or assisting in providing—\n(i) supervision or reasonable direction of a person who is\nrequired, under a condition of the person’s bail, to accept\nsupervision or reasonable direction by the director-general;\nor\n(ii) support or assistance that the director-general is required to\nprovide in relation to a condition of a person’s bail;\n(m) providing, or assisting in providing, services for young\noffenders, including by ensuring the provision of the care,\nsupport, rehabilitation and guidance necessary for them to\nbecome rehabilitated and reintegrated community members;\n(n) working with other government agencies and community\norganisations, to coordinate and promote the care and protection\nof children and young people, including young offenders.\n(2) The director-general has all the functions of an authorised person.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Director-general instructions","content":"23 Director-general instructions\n(1) The director-general may make instructions, consistent with this Act,\nfor the management or operation of any administrative function under\n(2) A person exercising an administrative function under this Act must\ncomply with the instructions.\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Ministerial directions to director-general","content":"24 Ministerial directions to director-general\n(1) The Minister may give directions to the director-general about the\nexercise of functions under this Act.\nExample—direction\na direction to make policies or operating procedures to ensure that functions are\nexercised in accordance with a particular decision of the Supreme Court or a\nparticular finding of a board of inquiry or royal commission\n(2) The director-general must comply with a direction under this section.\n(3) A direction is a notifiable instrument.\n","sortOrder":25},{"sectionNumber":"24A","sectionType":"section","heading":"Director-general charters","content":"24A Director-general charters\n(1) The director-general may, on the director-general’s own initiative,\nmake charters in relation to matters about providing, or assisting to\nprovide, services for children and young people in accordance with\n(2) The director-general must make a charter about a matter the subject\nof a direction by the Minister, but only if the matter relates to\nproviding, or assisting to provide, services for children and young\npeople in accordance with this Act.\n(3) A person exercising a function under this Act to which a charter\napplies must, as far as practicable, give effect to the charter when\nexercising the function unless giving effect to the charter would—\n(a) not be in the best interests of a child or young person; or\n(b) be contrary to a provision of this Act.\n(4) A charter does not create rights or impose legally enforceable\nobligations on the Territory, a Minister or anyone else.\n(5) A charter is a notifiable instrument.\n(6) The director-general must review a charter at least once every 5 years\nafter the day the charter is notified.\n\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Director-general may ask for assistance, etc","content":"25 Director-general may ask for assistance, etc\n(1) The director-general may ask a territory entity or an ACT education\nprovider to provide assistance, facilities or services relevant to the\nphysical or emotional wellbeing of a child or young person.\n(2) A territory entity or a government school or school-related institution\nthat receives a request under subsection (1) must comply with the\nrequest promptly.\nACT education provider means any of the following:\n(a) a government or non-government school under the Education\nAct 2004;\n(b) a school-related institution under the Education Act 2004;\n(c) a registered training organisation under the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3;\n(d) a registered higher education provider under the Tertiary\nEducation Quality and Standards Agency Act 2011 (Cwlth).\nterritory entity means any of the following:\n(b) a territory authority (other than the legal aid commission or the\nhuman rights commission);\n(c) a territory instrumentality;\n(d) a public employee (other than a judge or magistrate);\n(e) a police officer.\n\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Director-general must give identity cards","content":"26 Director-general must give identity cards\n(1) This section applies if the director-general delegates a power under\nthis Act or another territory law to someone else (an authorised\nperson).\nNote The director-general may delegate a power under the Public Sector\nManagement Act 1994, s 20.\n(2) However, this section does not apply to a delegation under\nsection 883A (Director-general delegations—approved care and\nprotection organisations) or a subdelegation under section 883B\n(Subdelegations—approved care and protection organisations).\n(3) The director-general must give an authorised person an identity card\nstating the person’s name and that the person is an authorised person.\n(4) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(5) A person commits an offence if the person—\n(a) stops being an authorised person; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable, but not later than 7 days after the day the\nperson stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(6) An offence against this section is a strict liability offence.\n\nPart 2.2 Children and Youth Services Council\nPart 2.2 Children and Youth Services\nCouncil\n27 Establishment of council\n(1) The Minister may establish a council (a Children and Youth Services\nCouncil) from time to time to exercise stated functions for a stated\nperiod in relation to services for children and young people in the\nACT.\n(2) The instrument establishing the council is a notifiable instrument.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Council members","content":"28 Council members\n(1) A Children and Youth Services Council must have at least 5, but not\nmore than 10, members.\n(2) The Minister must appoint the members.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n\nOfficial visitors Part 2.3\nNote At least 2 official visitors (including a visitor who is an Aboriginal or\nTorres Strait Islander person) must be appointed for this Act under the\nOfficial Visitor Act 2012 (the OV Act).\nThe OV Act sets out the functions of official visitors which includes\nvisiting visitable places, handling complaints from entitled people and\nreporting on those matters.\nThis part defines what is an entitled person and a visitable place for the\nOV Act. This part also prescribes other matters for the OV Act.\n","sortOrder":29},{"sectionNumber":"37","sectionType":"section","heading":"Meaning of entitled person and visitable place","content":"37 Meaning of entitled person and visitable place\nentitled person—\n(a) means a child or young person who is—\n(i) detained in a detention place; or\n(ii) confined at an intensive therapy place; or\n(iii) accommodated in a place of care; and\n(b) includes—\n(i) a young detainee who is 18 years old or older; and\n(ii) a person prescribed by regulation.\nvisitable place means—\n(a) a detention place; or\n(b) a place outside a detention place if a detainee is, or has been,\ndirected to work or participate in an activity at the place; or\n(c) an intensive therapy place; or\n(d) a place of care.\n\n","sortOrder":30},{"sectionNumber":"38","sectionType":"section","heading":"Appointment of official visitors—additional suitability","content":"38 Appointment of official visitors—additional suitability\nrequirement\nA person must not be appointed as an official visitor for a visitable\nplace unless the person is a suitable entity.\nNote Suitable entities are dealt with in pt 2.4.\n","sortOrder":31},{"sectionNumber":"39","sectionType":"section","heading":"Request for sensitive information by official visitors","content":"39 Request for sensitive information by official visitors\n(a) a complaint is made to an official visitor for a visitable place in\nrelation to the place under the Official Visitor Act 2012,\nsection 22; and\n(b) the visitor intends to ask the operating entity for the visitable\nplace for assistance in exercising the visitor’s functions at the\n(c) the request involves giving sensitive information.\nNote An operating entity for a visitable place must give an official visitor any\nreasonable assistance the official visitor asks for to exercise the official\nvisitor’s functions at the place (see Official Visitor Act 2012, s 18).\n(2) Before asking the operating entity for assistance, the official visitor\nmust consider whether the complaint would be better dealt with by,\nand should be referred to, an investigative entity.\noperating entity, for a visitable place—see the Official Visitor\nAct 2012, dictionary.\n\n","sortOrder":32},{"sectionNumber":"Part 2","sectionType":"part","heading":"4 Suitable entities for purposes","content":"Part 2.4 Suitable entities for purposes\nunder Act\n","sortOrder":33},{"sectionNumber":"60","sectionType":"section","heading":"Definitions—Act and pt 2.4","content":"60 Definitions—Act and pt 2.4\nsuitability information—see section 65.\nsuitable entity—see section 61.\n(2) In this part:\nrequirement notice—see section 68 (2).\nsuitability information notice—see section 66 (2).\nsuitable entities register—see section 72.\n","sortOrder":34},{"sectionNumber":"61","sectionType":"section","heading":"Who is a suitable entity?","content":"61 Who is a suitable entity?\nsuitable entity, for a stated purpose, means an entity approved by the\ndirector-general under section 63 as a suitable entity for the purpose.\nExamples—suitable entities for purposes stated in Act\n1 family group conference facilitators (see s 78)\n2 approved care and protection organisations (see s 352C)\n3 responsible person for an approved care and protection organisation\n(see s 352D)\n4 childcare service proprietors and controlling people (see s 746)\n5 researchers and others having contact with children or young people for a\nresearch project (see s 809)\n\n","sortOrder":35},{"sectionNumber":"62","sectionType":"section","heading":"Entity may apply to be suitable entity for purpose","content":"62 Entity may apply to be suitable entity for purpose\n(1) An entity may apply, in writing, to the director-general for approval\nas a suitable entity for a stated purpose.\n(2) The director-general may make guidelines about applications\n(the suitability approval application guidelines).\n(3) A suitability approval application guideline is a disallowable\n","sortOrder":36},{"sectionNumber":"63","sectionType":"section","heading":"Director-general may approve suitable entity for purpose","content":"63 Director-general may approve suitable entity for purpose\n(1) The director-general may, in writing, approve an entity as a suitable\nentity for a stated purpose if satisfied that the entity is suitable for the\npurpose.\nNote 1 Power given by a law to make a decision includes power to reverse or\nNote 2 The director-general must establish a suitable entities register (see s 72).\n(2) The director-general must not approve an entity as a suitable entity\nfor a stated purpose if—\n(a) the purpose involves engaging in a regulated activity within the\nmeaning of the Working with Vulnerable People Act; and\n(b) the entity is required to be registered under that Act to engage in\nthe activity; and\n(c) the entity is not registered under that Act.\n\n","sortOrder":37},{"sectionNumber":"64","sectionType":"section","heading":"Director-general must consider suitability information,","content":"64 Director-general must consider suitability information,\netc\n(1) In deciding whether an entity is a suitable entity for a stated purpose,\nthe director-general—\n(a) must consider each of the following:\n(i) suitability information under section 65 (1), definition of\nsuitability information, paragraphs (a), (b) and (c) about\nthe entity;\n(ii) if the director-general requires the entity to provide a\nreference or report under section 68 (2) (a)—the reference\nor report;\n(iii) if the director-general requires the entity to undergo a test\nor medical examination under section 68 (2) (b)—the\nresult of the test or medical examination; and\n(b) may consider suitability information under section 65 (1),\ndefinition of suitability information, paragraphs (d), (e), (f), (g)\nand (h) about the entity.\n(2) If the director-general is considering suitability information under\nsection 65 (1), definition of suitability information, paragraph (d)\nor (e), the director-general must give the entity written notice of that\nfact.\n(3) In deciding whether an organisation is a suitable entity for a care and\nprotection purpose, the director-general must consider whether the\norganisation—\n(a) complies, and is likely to continue to comply, with the care and\nprotection organisation standards; and\n\n(b) is likely to have at least 1 responsible person for the organisation\nat all times during the term of the approval.\nNote 1 Care and protection organisation standards—see s 887.\nCare and protection purpose, for an organisation—see s 352B.\nOrganisation—see s 352A.\nResponsible person, for an approved care and protection organisation—\nsee s 352D.\nNote 2 See also s 70 (Offence—ongoing duty to update suitability information).\n","sortOrder":38},{"sectionNumber":"65","sectionType":"section","heading":"What is suitability information?","content":"65 What is suitability information?\nsuitability information, about an entity, means information about the\n(a) any conviction of, or finding of guilt against, the entity for—\n(i) an offence relating to the provision of services for children\nor young people; or\n(ii) an offence against a child or young person; or\n(iii) an offence involving a child or young person; or\n(iv) an offence involving violence; or\n(v) a sex offence; or\n(vi) an offence involving dishonesty or fraud; or\n(vii) an offence involving possession of, or trafficking in, a drug\nof dependence or controlled drug; or\n(viii) an offence against an animal;\n\n(b) any proven noncompliance by the entity with a legal obligation\nin relation to providing services for children or young people;\nthe entity is a licensed proprietor of a childcare service and the licence is\nsuspended for safety reasons under s 763 or under a law of another\njurisdiction that substantially corresponds to s 763\n(c) any refusal of an application for a licence or other authority\n(however described) in relation to providing services for\nchildren or young people;\n(d) the soundness of the entity’s financial reputation and the\nstability of the entity’s financial background;\n(e) the entity’s reputation for honesty and integrity;\n(f) whether the entity has proven experience or demonstrated\ncapacity in providing services for children and young people;\n(g) whether a voluntary report or mandatory report about the entity\nhas been received by the director-general and any action that has\nbeen taken in response to the report by the director-general or a\ncourt or tribunal;\n(h) for an entity in relation to suitability for the purpose of foster\ncare—information in paragraphs (a) to (g) for each other adult\nmember of the entity’s household;\n(i) any other consideration relevant to the entity’s ability to provide\nhigh quality services for children or young people.\n(2) To remove any doubt, the information may be about any circumstance\nor thing mentioned in subsection (1) whether inside or outside the\nACT.\nrefusal in Queensland of an application for a licence in relation to providing services\nfor children or young people\n\n","sortOrder":39},{"sectionNumber":"66","sectionType":"section","heading":"Director-general may require suitability information","content":"66 Director-general may require suitability information\n(1) This section applies if the director-general is making a decision about\nwhether an entity is a suitable entity for a stated purpose.\n(2) The director-general may, by written notice given to the entity\n(a suitability information notice), require the entity to give the\ndirector-general stated suitability information about the entity not\nlater than a stated reasonable time.\n(3) A suitability information notice must also tell the entity that giving\nfalse or misleading information is an offence against the Criminal\nCode, section 338 (Giving false or misleading information).\n","sortOrder":40},{"sectionNumber":"67","sectionType":"section","heading":"Director-general need not decide suitability if information","content":"67 Director-general need not decide suitability if information\nnot provided\n(a) the director-general has given an entity a suitability information\nnotice; and\n(b) the entity does not give the director-general the suitability\ninformation in accordance with the notice.\n(2) The director-general need not decide whether the entity is a suitable\nentity for a stated purpose.\n","sortOrder":41},{"sectionNumber":"68","sectionType":"section","heading":"Director-general may require test etc","content":"68 Director-general may require test etc\n(1) This section applies if the director-general is making a decision about\nwhether an entity is a suitable entity for a stated purpose.\n(2) The director-general may, by written notice given to the entity\n(a requirement notice), require the entity to do 1 or both of the\nfollowing not later than a stated reasonable time:\n(a) provide a stated reference or report;\n\n(b) undergo a stated test or medical examination.\nExample—medical examination\na psychiatric examination\n","sortOrder":42},{"sectionNumber":"69","sectionType":"section","heading":"Director-general need not decide suitability if test not","content":"69 Director-general need not decide suitability if test not\ntaken, etc\n(a) the director-general has given the entity a requirement notice;\nand\n(b) the entity does not do the thing required in accordance with the\nrequirement notice.\n(2) The director-general need not decide whether the entity is a suitable\nentity for a stated purpose.\n","sortOrder":43},{"sectionNumber":"70","sectionType":"section","heading":"Offence—ongoing duty to update suitability information","content":"70 Offence—ongoing duty to update suitability information\n(1) This section applies to an entity if—\n(i) the director-general is deciding whether the entity is a\nsuitable entity for a stated purpose; or\n(ii) the director-general has decided that the entity is a suitable\nentity for a stated purpose and the entity is exercising\nfunctions for the purpose; and\n(b) the entity has given the director-general suitability information\nabout the entity.\nNote Suitability information is defined in s 65.\n(2) The entity commits an offence if—\n(a) the entity’s suitability information under section 65 (1),\ndefinition of suitability information, paragraph (a), (b) or (c)\nchanges; and\n\n(b) the entity does not tell the director-general about the change as\nsoon as practicable, but not later than 7 days after the change\n(3) The entity commits an offence if—\n(a) the director-general gave the entity written notice that the\nsuitability information under section 65 (1), definition of\nsuitability information, paragraph (d) was being considered in\ndeciding whether the entity was a suitable entity; and\n(b) the entity becomes bankrupt or personally insolvent; and\n(c) the entity does not tell the director-general about becoming\nbankrupt or personally insolvent as soon as practicable, but not\nlater than 7 days after becoming bankrupt or personally\ninsolvent.\nNote Bankrupt or personally insolvent—see the Legislation Act, dictionary,\npt 1.\n(4) The entity commits an offence if—\n(a) the director-general gave the entity written notice that the\nsuitability information under section 65 (1), definition of\nsuitability information, paragraph (e) was being considered in\ndeciding whether the entity was a suitable entity; and\n\n(b) any of the following occurs:\n(i) a court convicts the entity, or finds the entity guilty, of an\noffence involving fraud or dishonesty;\nA conviction, or finding of guilt, against the entity under the Criminal\nCode, ch 3 (Theft, fraud, bribery and related offences).\n(ii) a tribunal, or an authority or person with the power to\nrequire the production of documents or the answering of\nquestions, makes a finding against the entity about its\nhonesty or integrity; and\n(c) the entity does not tell the director-general about the finding as\nsoon as practicable, but not later than 7 days after the finding is\nmade.\n","sortOrder":44},{"sectionNumber":"71","sectionType":"section","heading":"Director-general may employ etc suitable entity","content":"71 Director-general may employ etc suitable entity\nThe director-general may appoint, engage, employ or authorise a\nsuitable entity for a stated purpose (whether for payment or as a\nvolunteer) for children and young people under this Act.\n","sortOrder":45},{"sectionNumber":"72","sectionType":"section","heading":"Suitable entities register","content":"72 Suitable entities register\n(1) The director-general must establish a register of suitable entities\n(a suitable entities register) for this Act.\n(2) A suitable entities register must include the following details for each\nsuitable entity:\n(a) the entity’s name;\n\n(b) the purpose for which the entity is approved;\n(c) any other detail the director-general considers appropriate.\nNote 1 If the entity is an approved care and protection organisation (see s 352C),\nfurther details must be recorded in the approved care and protection\norganisations register (see s 352V).\nNote 2 Power to make a statutory instrument includes power to make different\nprovision in relation to different matters or classes of matters (see\nLegislation Act, s 48).\n\nFamily group conferences—general Part 3.1\n","sortOrder":46},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Family group conferences—","content":"Part 3.1 Family group conferences—\n","sortOrder":47},{"sectionNumber":"73","sectionType":"section","heading":"Definitions—Act","content":"73 Definitions—Act\nfamily group conference agreement—see section 76.\nfamily group conference facilitator—see section 78.\nparticipant, for a family group conference, means a person who\nattends the conference at the invitation of the family group conference\nfacilitator.\nparties, for a family group conference agreement, means the\nparticipants who enter (or propose to enter) a family group conference\nagreement under section 85.\nrelevant conference participant, for a family group conference about\na child or young person, means a participant who has parental\nresponsibility for the child or young person.\nNote Parental responsibility, for a child or young person, is dealt with in\ndiv 1.3.2.\n","sortOrder":48},{"sectionNumber":"74","sectionType":"section","heading":"Family group conferences—objects","content":"74 Family group conferences—objects\nThe objects of a family group conference about a child or young\nperson are to—\n(a) encourage the child or young person and their family members,\nto take part in decisions affecting the child or young person; and\n(b) increase the support for the child or young person by their family\nmembers and significant people; and\n\nPart 3.1 Family group conferences—general\n(c) make arrangements for the care of the child or young person to\nreduce the likelihood of the child or young person being in need\nof care and protection in the future.\n","sortOrder":49},{"sectionNumber":"75","sectionType":"section","heading":"What is a family group conference?","content":"75 What is a family group conference?\nfamily group conference means a conference about a child or young\nperson to give the participants an opportunity to—\n(a) reach an agreement about a matter relating to the wellbeing of\n(b) enter into a family group conference agreement detailing the\nagreed arrangements for the wellbeing of the child or young\n(c) if a family group conference agreement is already in force for\nthe child or young person—review the agreement.\n","sortOrder":50},{"sectionNumber":"76","sectionType":"section","heading":"What is a family group conference agreement?","content":"76 What is a family group conference agreement?\nfamily group conference agreement means an agreement that—\n(a) arises from a family group conference about a child or young\n(b) is between—\n(ii) a relevant conference participant; and\n(iii) for an agreement about a young person who is 15 years old\nor older—the young person; and\n(c) details the arrangements agreed to by the parties for the\nwellbeing of the child or young person; and\n\nFamily group conferences—general Part 3.1\n(d) is in writing and signed by—\n(ii) the relevant conference participant; and\n(iii) any other conference participant who agrees with the\narrangements; and\n(e) may, but need not, include a requirement for the director-general\nto arrange for a family group conference to review the family\ngroup conference agreement not later than a stated day.\n(2) However, a family group conference agreement must not—\n(a) transfer parental responsibility for the child or young person\nfrom a person to the director-general; or\n(b) share parental responsibility for the child or young person with\n","sortOrder":51},{"sectionNumber":"77","sectionType":"section","heading":"Offence—publish details of family group conferences","content":"77 Offence—publish details of family group conferences\n(1) A person commits an offence if the person publishes all or part of—\n(b) a family group conference outcome report; or\n(c) a record or report prepared for and presented to a family group\nconference.\n(2) A person commits an offence if the person publishes anything said or\ndone at a family group conference.\n(3) This section does not apply if the publication is made under this Act\nor another territory law.\nNote Ch 25 contains further provisions about information secrecy and sharing.\n\nPart 3.2 Family group conferences—facilitators\nPart 3.2 Family group conferences—\nfacilitators\n78 Family group conference facilitators—appointment\n(1) The director-general may appoint a person as a facilitator (a family\ngroup conference facilitator) for this chapter.\nNote For the making of appointments (including acting appointments), see the\n(2) However, the director-general may appoint a person to be a family\ngroup conference facilitator only if satisfied—\n(a) that the person has suitable qualifications and experience to\nexercise the functions of a family group conference facilitator;\nand\n(b) if the person is not a public employee—that the person is a\nsuitable entity to be a family group conference facilitator.\n(3) An appointment is a notifiable instrument.\n","sortOrder":52},{"sectionNumber":"79","sectionType":"section","heading":"Family group conference facilitators—functions","content":"79 Family group conference facilitators—functions\nA family group conference facilitator has the function of facilitating\neach family group conference to which the facilitator is assigned by\nthe director-general under section 82.\nExamples—ways facilitator may facilitate family group conference\n1 preparing for a family group conference by—\n(a) meeting with proposed participants; and\n(b) providing mediation between proposed participants; and\n(c) resolving conflict between proposed participants\n2 consulting someone with knowledge of a particular culture\n3 asking someone to give information or a report to the conference without\ninviting the person to be a participant\n4 inviting someone to attend the conference as a participant, at any time\n\nFamily group conferences—facilitators Part 3.2\n5 allowing someone to take part in the conference by telephone,\nvideo-conference or in another way\n6 deciding when and where the family group conference will take place\nNote 1 A family group conference facilitator may give the director-general\nprotected information (including sensitive information) about a child or\nyoung person if the family group conference facilitator considers that\ngiving the information is in the best interests of the child or young person\n(see s 853).\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n\nPart 3.3 Family group conferences—\narrangement and conduct\n","sortOrder":53},{"sectionNumber":"80","sectionType":"section","heading":"Family group conferences—criteria","content":"80 Family group conferences—criteria\n(1) The director-general may arrange for a family group conference about\na child or young person if satisfied that the family group conference\nmay help to promote the wellbeing and best interests of the child or\n1 if a family group conference agreement is already in force for the child or\nyoung person and the director-general considers that the agreement should be\nreviewed\n2 if the child or young person is in out-of-home care and the director-general\nconsiders that a family group conference may promote the child’s or young\nperson’s contact with their family members or significant people\n3 if the child or young person is about to be released from a detention place and\nthe director-general considers that a family group conference may help the\nchild’s or young person’s transition back into the community\n(2) The director-general may also arrange for a family group conference\nabout a child or young person if the director-general believes on\n(a) the child or young person is in need of care and protection; and\n(b) arrangements should be made to secure the child’s or young\nperson’s care and protection.\n1 The director-general has appraised 3 child protection reports in relation to a\nrisk of significant harm to 2 year old Billy. Billy’s parents have longstanding\ndrug and alcohol use issues. The director-general believes that Billy is in need\nof care and protection and arranges a family group conference involving\nBilly’s family members to formulate a plan for Billy’s care and protection.\n2 Jane is 14 years old and frequently absconds from her parent’s home for\nextended periods because of conflict with her parents. The director-general\nbelieves Jane is in need of care and protection and arranges a family group\nconference to ensure Jane’s care and protection.\n\n3 The director-general appraises a child protection report of sexual abuse in\nrelation to 8 year old Sally. The director-general identifies a risk of significant\nharm by Sally’s stepfather and decides that Sally is in need of care and\nprotection. The director-general decides to arrange a family group conference\nfor Sally’s care and protection as an alternative to seeking a care and protection\norder for Sally.\n","sortOrder":54},{"sectionNumber":"81","sectionType":"section","heading":"Family group conferences—criteria for review conference","content":"81 Family group conferences—criteria for review conference\n(1) This section applies if a family group conference agreement is in\nforce for a child or young person.\n(2) The director-general must arrange for a family group conference to\nreview the family group conference agreement if the director-general\nis—\n(a) required to do so in the agreement; or\n(b) asked to do so by—\n(i) the child or young person; or\n(ii) a participant in the family group conference at which the\nfamily group conference agreement was reached.\n(3) However, the director-general is not required to arrange a family\ngroup conference under subsection (2) (b) if the director-general—\n(a) has already arranged a conference to review the agreement\nbecause of a request under subsection (2) (b); or\n(b) considers it is not in the best interests of the child or young\nperson to do so.\n\n","sortOrder":55},{"sectionNumber":"82","sectionType":"section","heading":"Family group conferences—facilitator to organise","content":"82 Family group conferences—facilitator to organise\n(1) If the director-general arranges a family group conference about a\nchild or young person, the director-general must assign a family\ngroup conference facilitator to the conference.\n(2) The family group conference facilitator must, as soon as practicable\nafter being assigned to the family group conference—\n(a) decide, under section 83 (1) (b) to (e), who should be invited to\nthe conference; and\n(b) take reasonable steps to tell each person to be invited to the\nconference when and where the conference will take place; and\n(c) conduct the conference.\n","sortOrder":56},{"sectionNumber":"83","sectionType":"section","heading":"Family group conferences—who must be invited","content":"83 Family group conferences—who must be invited\n(1) A family group conference facilitator for a family group conference\nmust take all reasonable steps to invite the following people to the\nconference:\n(b) if the family group conference facilitator is satisfied that the\nchild or young person can understand and take part in the\nconference—the child or young person;\n(c) each parent of the child or young person, unless the family group\nconference facilitator considers that it would not be in the best\ninterests of the child or young person for the parent to attend;\n(d) each other person (if any) who has parental responsibility for the\nchild or young person, unless the family group conference\nfacilitator considers that it would not be in the best interests of\nthe child or young person for the person to attend;\nNote Parental responsibility, for a child or young person, is dealt with\nin div 1.3.2.\n\n(e) any person with an interest in, or knowledge of, the care,\nwellbeing or development of the child or young person who the\nfamily group conference facilitator considers should attend the\nconference.\n(2) If a child or young person invited to a family group conference does\nnot take part in the conference, the family group conference facilitator\nmust take all reasonable steps—\n(a) to find out the views and wishes of the child or young person;\nand\n(b) to make the views and wishes of the child or young person\nknown to each other person taking part in the conference; and\n(c) to ensure that the views and wishes of the child or young person\nare considered in reaching any agreement at the conference.\n(3) Subsection (2) does not create any requirement for a child or young\nperson to express a view or wish about any matter.\n(4) A participant may not be represented at a family group conference by\na lawyer.\n(5) However, for a participant mentioned in subsection (1) (b), (c), (d)\nor (e), a support person chosen by the participant may attend the\nfamily group conference to assist the participant if the family group\nconference facilitator considers the support person appropriate and\ncapable of giving the participant assistance.\nExample—assistance\nassisting the participant to express the participant’s views\n","sortOrder":57},{"sectionNumber":"84","sectionType":"section","heading":"Family group conferences—compliance with standards","content":"84 Family group conferences—compliance with standards\nA family group conference facilitator must conduct a family group\nconference in a way that complies with the family group conference\nstandards (if any).\nNote The Minister may make family group conference standards under s 887.\n\n","sortOrder":58},{"sectionNumber":"85","sectionType":"section","heading":"Family group conferences—parties reach agreement","content":"85 Family group conferences—parties reach agreement\n(1) This section applies if the family group conference facilitator for a\nfamily group conference about a child or young person is satisfied\nthat the director-general and all relevant conference participants\n(the parties) have reached agreement about an issue relating to the\nNote Relevant conference participant means a participant who has parental\nresponsibility for the child or young person (see s 73).\n(2) The facilitator may propose that the parties enter into a family group\nconference agreement detailing the agreed arrangements for the\n(3) Before the parties enter into a family group conference agreement—\n(a) the facilitator must—\n(i) give the relevant conference participants an opportunity to\nget legal advice about the meaning and effect of the\nproposed family group conference agreement; and\n(ii) if the facilitator is satisfied that the child or young person\nhas sufficient maturity and developmental capacity to\nunderstand the proposed family group conference\nagreement—\n(A) find out and consider the child’s or young person’s\nviews and wishes about the proposed family group\nconference agreement; and\n(B) if the proposed family group conference agreement is\nabout a young person who is 15 years old or older—\ngive the young person an opportunity to get legal\nadvice about the meaning and effect of the proposed\nfamily group conference agreement; and\n\n(b) for a family group conference agreement reached at a family\ngroup conference arranged under section 80 (2) (Family group\nconferences—criteria)—the director-general must be satisfied\nthat the proposed family group conference agreement is in the\nbest interests of the child or young person.\n","sortOrder":59},{"sectionNumber":"86","sectionType":"section","heading":"Family group conferences—agreement of young person","content":"86 Family group conferences—agreement of young person\n(1) This section applies if a family group conference agreement proposed\nunder section 85 (2) is about a young person who is 15 years old or\nolder.\n(2) The parties may enter the proposed family group conference\nagreement only if the facilitator for the family group conference is\nsatisfied that the young person either—\n(a) agrees to the proposed family group conference agreement; or\n(b) does not have sufficient maturity or developmental capacity to\nunderstand and agree to the proposed family group conference\n","sortOrder":60},{"sectionNumber":"87","sectionType":"section","heading":"Family group conferences—before family group","content":"87 Family group conferences—before family group\nconference agreement\n(1) This section applies if the family group conference facilitator for a\nfamily group conference about a child or young person—\n(a) has, under section 85—\n(i) proposed that the parties enter into a family group\nconference agreement; and\n(ii) given the relevant conference participants an opportunity\nto get legal advice; and\n(iii) if required, found out and considered the child’s or young\nperson’s views and wishes; and\n\n(b) for a young person who is 15 years old or older—is satisfied\nunder section 86 that the young person either—\n(i) agrees to the proposed family group conference agreement;\nor\n(ii) does not have sufficient maturity or developmental\ncapacity to understand and agree to the proposed family\ngroup conference agreement.\n(2) The facilitator must encourage the parties to enter into the proposed\nfamily group conference agreement by putting the agreement in\nwriting and seeking—\n(a) the signatures of the parties; and\n(b) the signature of any other participant who agrees with the\narrangements in the agreement.\n(3) If the child or young person (not being a young person mentioned in\nsubsection (1) (b)) agrees to the proposed family group conference\nagreement, the child or young person may also sign the agreement.\n","sortOrder":61},{"sectionNumber":"88","sectionType":"section","heading":"Family group conferences—outcome report","content":"88 Family group conferences—outcome report\n(1) Within 28 days after a family group conference ends, the family group\nconference facilitator must give a written report about the outcome of\nthe conference (the family group conference outcome report) to—\n(b) the child or young person; and\n(c) each person invited to attend the conference.\n(2) A family group conference outcome report must include the\n(a) details of when and where the conference took place;\n\n(b) the name of—\n(i) the family group conference facilitator; and\n(ii) each person invited to the conference and whether they\nattended; and\n(iii) the name of anyone else who was not a participant but who\nprovided information or a report to the conference.\n(3) If the conference resulted in a family group conference agreement,\nthe family group conference outcome report must include a copy of\nthe agreement.\n(4) Despite anything else in this section, the family group conference\nfacilitator must not give a copy of the family group conference\noutcome report, or a copy of the family group conference agreement,\nto the child or young person if the facilitator believes on reasonable\ngrounds—\n(a) that it would not be in the child’s or young person’s best interests\nto be given information contained in the report or agreement; or\n(b) that the child or young person is not able to understand the report\nor agreement.\n","sortOrder":62},{"sectionNumber":"89","sectionType":"section","heading":"Family group conference agreement—when takes effect","content":"89 Family group conference agreement—when takes effect\nA family group conference agreement takes effect—\n(a) when it has been signed by all parties to the agreement; or\n(b) if the parties agree to a later time of effect—at that time.\n\n","sortOrder":63},{"sectionNumber":"90","sectionType":"section","heading":"Family group conference agreements—implementation","content":"90 Family group conference agreements—implementation\nAfter receiving a family group conference agreement, the\ndirector-general must implement the arrangements in the agreement\nin a way that complies with the family group conference standards\n(if any).\nNote 1 The Minister may make family group conference standards under s 887.\nNote 2 The parties to a family group conference agreement may agree that\nparental responsibility for a child or young person be transferred to, or\nshared with, someone else (other than the director-general (see s 76)). If\nthe family group conference was arranged because the director-general\nbelieved the child or young person to be in need of care and protection,\nthe Childrens Court may be able to register the family group conference\nagreement. A registered family group conference agreement has effect\nas if it were a care and protection order and may be enforced accordingly.\nRegistration of family group conference agreements is dealt with in\npt 12.2.\n\n","sortOrder":64},{"sectionNumber":"Part 4","sectionType":"part","heading":"Children and young people and","content":"Chapter 4 Children and young people and\ncriminal matters—general\n","sortOrder":65},{"sectionNumber":"91","sectionType":"section","heading":"What are the criminal matters chapters?","content":"91 What are the criminal matters chapters?\ncriminal matters chapter—each of the following is a criminal\nmatters chapter:\n(a) this chapter;\n(b) chapter 5 (Criminal matters—transfers);\n(c) chapter 6 (Criminal matters—detention places);\n(d) chapter 7 (Criminal matters—search and seizure at detention\nplaces);\n(e) chapter 8 (Criminal matters—discipline at detention places);\n(f) chapter 9 (Criminal matters—conduct of disciplinary reviews).\n","sortOrder":66},{"sectionNumber":"92","sectionType":"section","heading":"Overview of the criminal matters chapters","content":"92 Overview of the criminal matters chapters\n(1) This chapter sets out the principles (the youth justice principles) that\napply in the criminal matters chapters, sets out general rules about\nkeeping young detainees separate from adult detainees and defines\nsome important concepts.\n(2) Chapter 5 deals with transfers of young detainees and young\noffenders.\n(3) Chapter 6 deals with detention places generally.\n(4) Chapter 7 deals with search and seizure at detention places.\n(5) Chapter 8 deals with the discipline of young detainees at detention\nplaces.\n\n(6) Chapter 9 deals with the conduct of disciplinary reviews.\nNote Other laws relevant to children and young people and criminal matters\ninclude the following:\n• the Crimes Act 1900, pt 10 (Criminal investigation) and the Crimes\nAct 1914 (Cwlth), pt 1C (which applies in relation to the investigation\nof certain ACT offences)\n• the Bail Act 1992\n• the Magistrates Court Act 1930 (in particular ch 4A (The Childrens\nCourt))\n• the Supreme Court Act 1933\n• the Court Procedures Act 2004 (in particular pt 7A (Procedural\nprovisions—proceedings involving children or young people))\n• the Crimes (Sentencing) Act 2005 (in particular ch 8A (Sentencing\nyoung offenders))\n• the Crimes (Sentence Administration) Act 2005 (in particular ch 14A\n(Sentence administration—young offenders))\n• the Crimes (Restorative Justice) Act 2004\n","sortOrder":67},{"sectionNumber":"93","sectionType":"section","heading":"Application of criminal matters chapters generally","content":"93 Application of criminal matters chapters generally\n(1) The criminal matters chapters apply to young offenders and young\ndetainees who are adults in the same way as they apply to young\noffenders and young detainees who are under 18 years old.\n(2) However, the following provisions apply only to young detainees\nwho are under 18 years old:\n(a) section 185 (2) (m) (Register of young detainees);\n(b) section 255 (Strip searches of young detainees under 18 years\nold—no-one with parental responsibility available);\n(c) section 267 (Body searches of young detainees under 18 years\nold—no-one with parental responsibility available).\n\n(3) Also, certain requirements of the following provisions are different\nfor young detainees who are under 18 years old and young detainees\nwho are adults:\n(a) section 113 (Transfer—notifying people responsible for or\n(b) section 157 (Detention—notifying people responsible for or\n(c) section 182 (Injury etc—notifying people responsible for or\n(d) section 207 (Notice of segregation directions—safe room and\nother);\n(e) section 221 (Notice of decision about segregation direction);\n(f) section 237 (Alcohol and drug testing of young detainees);\n(g) section 251 (Notice of strip and body searches—person\nresponsible for or nominated by young detainee);\n(h) section 254 (Strip searches on admission to detention place);\n(i) section 266 (People present at body searches).\n","sortOrder":68},{"sectionNumber":"94","sectionType":"section","heading":"Youth justice principles","content":"94 Youth justice principles\n(1) For the criminal matters chapters, in deciding what is in the best\ninterests of a child or young person, a decision-maker must consider\neach of the following matters that is relevant (the youth justice\nprinciples):\n(a) if a child or young person does something that is contrary to law,\nthey should be encouraged to accept responsibility for the\nbehaviour and be held accountable;\n(b) a child or young person should be dealt with in a way that\nacknowledges their needs and that will provide the opportunity\nto develop in socially responsible ways;\n\n(c) a child or young person should be consulted about, and be given\nthe opportunity to take part in making, decisions that affect the\nchild or young person, to the maximum extent possible taking\ninto consideration their age, maturity and developmental\ncapacity;\n(d) if practicable and appropriate, decisions about an Aboriginal or\nTorres Strait Islander child or young person should be made in\na way that involves their community;\n(e) if a child or young person is charged with an offence, they\nshould have prompt access to legal assistance, and any legal\nproceeding relating to the offence should begin as soon as\npossible;\n(f) a child or young person may only be detained in custody for an\noffence (whether on arrest, on remand or under sentence) as a\nlast resort and for the minimum time necessary;\n(g) children, young people and other young offenders should be\ndealt with in the criminal law system in a way consistent with\ntheir age, maturity and developmental capacity and have at least\nthe same rights and protection before the law as would adults in\nsimilar circumstances;\n(h) on and after conviction, it is a high priority to give a young\noffender the opportunity to re-enter the community;\n(i) it is a high priority that intervention with young offenders must\npromote their rehabilitation, and must be balanced with the\nrights of any victim of the young offender’s offence and the\ninterests of the community.\n(2) The decision-maker may also consider any other relevant matter.\n\n(3) The youth justice principles are intended to be interpreted\nconsistently with relevant human rights instruments and\njurisprudence.\nConvention on the Rights of the Child\n(4) A reference in subsection (1) to a child or young person includes a\nreference to a person who is at least 18 years old but is being dealt\nwith in relation to an offence committed, or alleged to have been\ncommitted, when the person was under 18 years old.\n","sortOrder":69},{"sectionNumber":"95","sectionType":"section","heading":"Who is a young detainee?","content":"95 Who is a young detainee?\n(1) A child or young person is a young detainee if—\n(a) the child or young person is—\nAdministration) Act 2005; or\n(iii) in detention under the Crimes (Sentencing) Act 2005; or\n(iv) otherwise in custody or detention under this Act or another\nterritory law or a law of the Commonwealth or a State; and\n(b) the child or young person is required to be held in the\ndirector-general’s custody.\n(2) A person who is at least 18 years old but under 21 years old is a young\ndetainee if any of the following apply to the person and the person is\nrequired to be held in the director-general’s custody:\nAdministration) Act 2005; or\n\n(iii) in detention under the Crimes (Sentencing) Act 2005;\nfor an offence committed, or allegedly committed, when the\nperson was under 18 years old;\n(b) the person is—\nAdministration) Act 2005;\nfor a breach, or alleged breach, of a sentencing order that is\nsupervised by the director-general;\n(c) the person is otherwise in custody or detention under this Act or\nanother territory law or a law of the Commonwealth or a State.\n","sortOrder":70},{"sectionNumber":"96","sectionType":"section","heading":"Who is a youth detention officer?","content":"96 Who is a youth detention officer?\nIn the criminal matters chapters:\nyouth detention officer means an authorised person to whom the\ndirector-general has delegated functions of a youth detention officer\nunder the criminal matters chapters.\nNote A person is an authorised person for this Act if the director-general\ndelegates a power under the Act to the person.\n","sortOrder":71},{"sectionNumber":"97","sectionType":"section","heading":"Treating doctors—health service appointments","content":"97 Treating doctors—health service appointments\n(1) The director-general responsible for the administration of the Health\nAct 1993 must appoint a doctor (a treating doctor) for each detention\n(2) The treating doctor’s functions are—\n(a) to provide health services to young detainees; and\n(b) to protect the health of young detainees (including preventing\nthe spread of disease at detention places).\n\n(3) A treating doctor appointed for a detention place must be available to\nprovide health services at the detention place at least once each week.\n(4) The treating doctor may give written directions to the director-general\nfor subsection (2) (b).\n(5) The director-general must ensure that each direction under subsection\n(4) is complied with unless the director-general believes on\nreasonable grounds that compliance would undermine security or\ngood order at the detention place.\n","sortOrder":72},{"sectionNumber":"98","sectionType":"section","heading":"Health practitioners—non-treating functions","content":"98 Health practitioners—non-treating functions\n(1) The director-general may, orally or in writing, authorise a health\npractitioner (a non-treating health practitioner) to exercise\nnon-treating functions under the criminal matters chapters.\nnon-treating function does not include a health service or other\nfunction mentioned in section 97.\n","sortOrder":73},{"sectionNumber":"99","sectionType":"section","heading":"Transporting young detainees to and from court—young","content":"99 Transporting young detainees to and from court—young\ndetainees to be kept separate from adult detainees\n(1) This section applies if it is necessary to transport a young detainee\nwho is under 18 years old—\n(a) from a detention place to a court; or\n(b) from a court to a detention place.\n(2) The young detainee must not be transported with an adult who is\nunder detention.\n(3) The young detainee must not be placed in a room with an adult who\nis under detention.\n\n","sortOrder":74},{"sectionNumber":"100","sectionType":"section","heading":"Detaining young detainees at court—young detainees to","content":"100 Detaining young detainees at court—young detainees to\nbe kept separate from adult detainees\n(1) This section applies if a young detainee who is under 18 years old has\nbeen transported—\n(a) from a detention place to a court; or\n(b) from a court to a detention place.\n(2) The young detainee may be detained at the court—\n(a) before a hearing relating to the young detainee; or\n(b) after a hearing relating to the young detainee but before the\nyoung detainee is transported to the detention place.\n(3) However, the young detainee must not be placed in a room with an\nadult who is under detention.\nNote The Corrections Management Act 2007, s 33 (Detention in court cells)\nand s 33A (Detention in court cells—additional provisions for young\ndetainees) also apply to young detainees.\n\nTransfers within ACT—general Division 5.1.1\n","sortOrder":75},{"sectionNumber":"Div 5","sectionType":"division","heading":"1.1 Transfers within ACT—general","content":"Division 5.1.1 Transfers within ACT—general\n","sortOrder":76},{"sectionNumber":"101","sectionType":"section","heading":"Directions to escort officers","content":"101 Directions to escort officers\n(1) For the criminal matters chapters, the director-general may give\ndirections to an escort officer in relation to a young detainee,\nincluding directions to take the young detainee into custody or to a\nplace stated in the direction.\n(2) Without limiting the authority that may be given by a direction under\nsubsection (1), the direction authorises the escort officer to have\ncustody of, and deal with, the young detainee in accordance with the\ndirection.\n","sortOrder":77},{"sectionNumber":"102","sectionType":"section","heading":"Orders to bring young detainee before court etc","content":"102 Orders to bring young detainee before court etc\n(1) This part is additional to, and does not limit, any other power of a\ncourt or other entity to require a young detainee or other child or\nyoung person to be brought before the court or entity.\n(2) Without limiting subsection (1), the director-general must arrange for\na young detainee or child or young person in the director-general’s\ncustody to be brought before a court or other entity in accordance with\nany order or direction (however described) of the court or entity.\nNote A court may also order the director-general to bring a young detainee\nbefore the court in a civil proceeding if the young detainee consents\n(see s 876A).\n\n","sortOrder":78},{"sectionNumber":"103","sectionType":"section","heading":"Arrangements for escorting people","content":"103 Arrangements for escorting people\nThe director-general may make an arrangement for escorting a child,\na young person or a young detainee as required under this Act with—\n(a) the director-general responsible for administering the\nCorrections Management Act 2007; and\n(b) the chief police officer.\n","sortOrder":79},{"sectionNumber":"104","sectionType":"section","heading":"Escort officer functions etc","content":"104 Escort officer functions etc\n(1) This section applies if, under a law in force in the Territory (other\nthan part 5.2 (Interstate transfers)), a young detainee required to be\nheld in the director-general’s custody is to be escorted anywhere by\nan escort officer.\n(2) To remove any doubt—\n(a) the escort officer is authorised to have custody of the young\ndetainee for the purpose of escorting the young detainee; and\n(b) the young detainee is also taken to be in the director-general’s\ncustody; and\n(c) an escort officer may, for the purpose of escorting the young\ndetainee, exercise any function under this Act that the officer\nmay exercise in relation to a young detainee admitted at a\nExamples—functions—par (c)\n1 functions delegated to the officer by the director-general (for example,\ngiving directions to young detainees)\n2 youth detention officer’s functions under ch 7 (Criminal matters—\nsearch and seizure at detention places), including any use of force in\naccordance with div 6.6.4\n\nEscorting young detainees etc Division 5.1.2\n","sortOrder":80},{"sectionNumber":"105","sectionType":"section","heading":"Escorting arrested person to court etc","content":"105 Escorting arrested person to court etc\n(1) This section applies if an arrested person—\n(a) has not been released on bail; and\n(b) is in police custody; and\n(c) is required by law to be brought before a court or tribunal.\n(2) A police officer may require an escort officer to bring the arrested\nperson before the court or tribunal.\n(3) The escort officer must bring the arrested person before the court or\ntribunal and, for that purpose, may—\n(a) take the arrested person into custody; and\n(b) arrange for the arrested person to be detained under this Act until\nthe arrested person is brought before the court or tribunal.\narrested person means—\n(a) a child or young person who is arrested; or\n(b) someone else who is under 21 years old and is arrested in\nrelation to an offence the person is alleged to have committed\nwhen under 18 years old.\n","sortOrder":81},{"sectionNumber":"106","sectionType":"section","heading":"Custody etc during proceedings","content":"106 Custody etc during proceedings\nSubject to any order or direction of a court, an escort officer who is\nrequired to bring a young detainee to a court must, as far as\npracticable, ensure—\n(a) the safe custody of the young detainee for the purposes of the\nproceeding; and\n(b) that the young detainee does not obstruct or hinder the\nproceeding.\n\n","sortOrder":82},{"sectionNumber":"107","sectionType":"section","heading":"Executing warrants of commitment or remand etc","content":"107 Executing warrants of commitment or remand etc\n(1) The director-general may make escort officers available to attend at a\ncourt or tribunal—\n(a) to take a young detainee into custody; or\n(b) to arrange for a young detainee be kept in custody; or\n(c) to transfer or otherwise deal with a young detainee.\n(2) An order or direction of the court or tribunal addressed to all escorts—\n(a) is taken to be addressed to each escort; and\n(b) may be executed by any escort.\n","sortOrder":83},{"sectionNumber":"108","sectionType":"section","heading":"Other powers not limited","content":"108 Other powers not limited\nTo remove any doubt, this division is additional to, and does not limit,\nany other provision relating to the escorting of young detainees under\na territory law or a law of the Commonwealth or a State.\nExamples—other provisions\n1 the Crimes (Sentence Administration) Act 2005, pt 3.3 (Committal—\nmiscellaneous)—\n• s 20 (Directions to escort officers)\n• s 21 (Orders to bring offender or remandee before court etc)\n2 a law of a State relating to the escort of prisoners through the ACT\n\nTransfers to health facilities Division 5.1.3\n","sortOrder":84},{"sectionNumber":"109","sectionType":"section","heading":"Transfers to health facilities","content":"109 Transfers to health facilities\n(1) The director-general may direct that a young detainee be transferred\nto a health facility at a detention place, or outside a detention place,\nif the director-general believes on reasonable grounds that it is\nnecessary or prudent for the young detainee to receive health services\nat the facility.\nNote Health facility—see the dictionary.\n(2) The director-general must have regard to the advice of a treating\ndoctor when considering whether to make a direction under\nsubsection (1).\n(3) The director-general may direct an escort officer to escort the young\ndetainee—\n(a) to or from the health facility; or\n(b) for a facility other than a secure mental health facility—while at\nthe facility.\n(4) The young detainee may be discharged from the health facility only\nif—\n(a) the health practitioner in charge of the young detainee’s care\napproves the discharge; or\n(b) the director-general directs that the young detainee be removed\nfrom the facility.\nExample—direction for removal of young detainee from health facility\nwhere the young detainee is a danger to the safety of people at the facility\n(5) The director-general must have regard to the health of the young\ndetainee when considering whether to make a direction under\nsubsection (4).\n\n(6) The director-general may give a direction for ensuring that a young\ndetainee discharged from a health facility under subsection (4) is\nreturned to a detention place stated in the direction.\n(7) For chapter 8 (Criminal matters—discipline at detention places), this\nsection is taken to provide an entitlement for each young detainee in\nrelation to health care.\n","sortOrder":85},{"sectionNumber":"109A","sectionType":"section","heading":"Transfer to mental health facility—notice of change in","content":"109A Transfer to mental health facility—notice of change in\nstatus\n(1) This section applies if the director-general has made a direction under\nsection 109 for the transfer of a young detainee from a detention place\nto an approved mental health facility or approved community care\nfacility.\n(2) The director-general must tell the director-general responsible for the\nMental Health Act 2015 in writing about any change in the young\ndetainee’s status as a young detainee.\n1 the person’s sentence of imprisonment ends\n2 the person is released on parole\n3 the person is otherwise released from detention\napproved community care facility—see the Mental Health Act 2015,\napproved mental health facility—see the Mental Health Act 2015,\n\nTransfers of young detainees who become adults Division 5.1.4\nDivision 5.1.4 Transfers of young detainees who\nbecome adults\n","sortOrder":86},{"sectionNumber":"110","sectionType":"section","heading":"Application—div 5.1.4","content":"110 Application—div 5.1.4\nThis division applies to a young detainee serving a sentence of\nimprisonment or otherwise in custody at a detention place who is an\n","sortOrder":87},{"sectionNumber":"111","sectionType":"section","heading":"Transfers to correctional centres—under 21 years old","content":"111 Transfers to correctional centres—under 21 years old\n(1) The director-general may, on the director-general’s own initiative or\non application, direct that a young detainee to whom this division\napplies be transferred to a correctional centre.\n(2) However, the director-general must not give a direction under\nsubsection (1) unless satisfied that the transfer is in the best interests\nof the young detainee or other young detainees.\n(3) In deciding whether the transfer is in the best interests of the young\ndetainee or other young detainees, the director-general must consider\n(a) the young detainee’s views and wishes;\n(b) the young detainee’s maturity and any known history;\n(c) the young detainee’s developmental capacity;\n(d) if the young detainee is serving a sentence—the time remaining\nto be served by the young detainee;\n(e) the behaviour of the young detainee, particularly if it presents a\nrisk to the safety of other young detainees or staff at the\ndetention place;\n(f) whether the young detainee is likely to be vulnerable in a\ncorrectional centre;\n(g) the availability of services or programs appropriate for the\nyoung detainee at the correctional centre;\n\n(h) whether the young detainee is more likely to be rehabilitated in\nthe detention place or correctional centre.\n(4) The director-general may also consider any other relevant matter.\n(5) If the director-general gives a direction under this section for a young\ndetainee, the director-general may direct an escort officer to escort\nthe young detainee from the detention place to the correctional centre.\n(6) The young detainee must be dealt with as a detainee under the\nCorrections Management Act 2007 once the young detainee is\nadmitted to the correctional centre.\n","sortOrder":88},{"sectionNumber":"112","sectionType":"section","heading":"Transfers to correctional centres—21 year olds","content":"112 Transfers to correctional centres—21 year olds\n(1) A young detainee who is 21 years old or older cannot be detained at\na detention place, but must be detained at a correctional centre.\n(2) The director-general must give the directions necessary to ensure that\na young detainee at a detention place who turns 21 years old is\ntransferred to a correctional centre.\n","sortOrder":89},{"sectionNumber":"113","sectionType":"section","heading":"Transfer—notifying people responsible for or nominated","content":"113 Transfer—notifying people responsible for or nominated\n(1) This section applies if a young detainee is transferred under—\n(a) division 5.1.3 (Transfers to health facilities); or\n(b) division 5.1.4 (Transfers of young detainees who become\nadults).\n(2) If the young detainee is under 18 years old, the director-general must\ntake reasonable steps to tell someone who has daily care\ndetainee about the transfer.\n\nNotifying people of transfers Division 5.1.5\n(3) If the director-general and someone else share daily care\ndetainee, the director-general must act under subsection (2) in relation\nto the other person.\n(4) If the young detainee is 18 years old or older, the director-general\nmust take reasonable steps to tell the young detainee’s nominated\nperson about the transfer.\n\n","sortOrder":90},{"sectionNumber":"114","sectionType":"section","heading":"Definitions—pt 5.2","content":"114 Definitions—pt 5.2\n(1) In this part:\nMinister of a State means—\n(a) for a State other than the Northern Territory—a Minister of the\nCrown of the State; or\n(b) for the Northern Territory—a person holding ministerial office\nunder the Northern Territory (Self-Government) Act 1978\n(Cwlth).\nperson responsible, for a young offender, means—\n(a) a parent of the young offender or someone else who has daily\ncare responsibility, or long-term care responsibility, for the\nyoung offender; or\n(b) a person who has the care of the young offender, whether or not\nthe person has parental responsibility (however described) for\nthe young offender; or\n(c) for a young offender who is detained—a person who had the\ncare of the young offender before the young offender was\ndetained, whether or not the person has, or had, parental\nresponsibility (however described) for the young offender.\nreceiving State means the State to which a young offender is\ntransferred.\nsending State means the State from which a young offender is\ntransferred.\ntransfer agreement—see section 115.\n\ntransfer arrangement—see section 116.\ntransfer escort means a person who is authorised under a transfer\nagreement, transfer arrangement or transfer order to take and keep\ncustody of a young offender.\ntransfer order—see section 120.\nyoung offender means a person who—\n(a) has been convicted or found guilty of an offence by a court; and\n(b) was under 18 years old when the offence was committed but not\nunder the age of criminal responsibility for the offence; and\n(c) has been sentenced for the offence.\nunder the age of criminal responsibility—a person is under the age\nof criminal responsibility for an offence if the person is not\ncriminally responsible under the Criminal Code, section 25 for the\n","sortOrder":91},{"sectionNumber":"115","sectionType":"section","heading":"General agreements with other jurisdictions","content":"115 General agreements with other jurisdictions\n(1) The Minister may enter into an agreement (a transfer agreement)\nwith a Minister of a State, or a person authorised to enter into a\ntransfer arrangement for the Minister, providing generally for the\ntransfer of young offenders—\n(a) from or to the ACT; or\n(b) through the ACT from a State to another State.\n(2) A transfer agreement relating to a State must not be entered into\nunless a declaration under subsection (3) has been notified under the\nLegislation Act in relation to the State.\n\n(3) The Minister may declare that a State has enacted legislation dealing\nwith the interstate transfer of young offenders.\n(4) A declaration is a notifiable instrument.\n","sortOrder":92},{"sectionNumber":"116","sectionType":"section","heading":"Transfer arrangements—general","content":"116 Transfer arrangements—general\n(1) If a transfer agreement with a Minister of a State is in force, the\ndirector-general may make an arrangement (a transfer arrangement)\nwith the Minister, or a person authorised to enter into a transfer\narrangement for the Minister, for the transfer of a particular young\noffender—\n(a) from the ACT to the State; or\n(b) to the ACT from the State.\n(2) The director-general may also make a transfer arrangement with the\nMinister, or a person authorised to enter into a transfer arrangement\nfor the Minister, to fix a mistake in a transfer arrangement.\n(3) The director-general may only make a transfer arrangement for a\nparticular young offender from the ACT to a State in the\ncircumstances mentioned in section 117.\n","sortOrder":93},{"sectionNumber":"117","sectionType":"section","heading":"Power to arrange for transfers","content":"117 Power to arrange for transfers\n(1) The director-general may make a transfer arrangement for the transfer\nof a young offender from the ACT to a State—\n(a) on application by the young offender or a person responsible for\nthe young offender; or\n(b) if the director-general has daily care responsibility, or long-term\ncare responsibility, for the young offender.\n\n(2) However, the director-general may only make a transfer arrangement\nfor the transfer of a young offender from the ACT to a State if—\n(a) the director-general believes on reasonable grounds that the\ntransfer is appropriate, having regard to all the circumstances,\n(i) the place or intended place of residence of the parents of\nthe young offender and other people (if any) who have\ndaily care responsibility, or long-term care responsibility,\nfor the young offender, or the young offender’s family\nmembers; and\n(ii) the present and future education, training or employment\nof the young offender; and\n(iii) the medical needs of the young offender; and\n(iv) the safety, health and wellbeing of the young offender; and\n(i) the young offender agrees to the transfer; or\n(ii) the director-general decides that the particular\ncircumstances of the case indicate that the transfer should\nbe arranged without the young offender’s agreement; and\n(c) the young offender has been given independent legal advice\nabout the effect of the transfer arrangement; and\n(d) the director-general is satisfied that there is no appeal pending\nagainst an order of a Childrens Court to which the young\noffender is subject.\n(3) In deciding whether to arrange for the transfer of a young offender on\nan application under subsection (1) (a), the director-general may ask\nthe following people for relevant information:\n(a) the young offender;\n(b) a person responsible for the young offender.\n\n(4) The director-general may refuse to make a transfer arrangement if\ninformation asked for is not supplied within the time stated by the\n(5) The director-general may make a transfer arrangement to transfer a\nyoung offender from the ACT to a State other than under\nsubsection (1) if—\n(a) the young offender is detained in a detention place; and\n(b) the director-general believes on reasonable grounds that the\nbehaviour of the young offender in the detention place puts at\nrisk the safety, health or wellbeing of other people detained in\nthe detention place or of staff at the detention place; and\n(c) the young offender has been given independent legal advice\nabout the effect of the transfer arrangement; and\n(d) the director-general is satisfied that there is no appeal pending\nagainst an order of the Childrens Court to which the young\noffender is subject.\n(6) This section does not apply to a transfer arrangement to fix a mistake.\n","sortOrder":94},{"sectionNumber":"118","sectionType":"section","heading":"Transfer arrangements—facilities must be adequate","content":"118 Transfer arrangements—facilities must be adequate\nA transfer arrangement for the transfer of a young offender from a\nState to the ACT may be made only if the director-general is satisfied\nthat there are adequate facilities in the ACT for the young offender to\nbe accepted and dealt with as provided in the transfer arrangement.\n","sortOrder":95},{"sectionNumber":"119","sectionType":"section","heading":"Transfer arrangements—content","content":"119 Transfer arrangements—content\n(1) A transfer arrangement for the transfer of a young offender from or\nto the ACT must—\n(b) provide for the acceptance of, and means of dealing with, the\nyoung offender in the receiving State; and\n\n(c) state each order of a court of the sending State to which the\nyoung offender is subject (including an order required by a\nprevious transfer arrangement with the Territory or with a State\nto be treated as having been made by a court of the sending\nState).\n(2) For each order mentioned in subsection (1) (c), the transfer\narrangement must state—\n(a) the way that the order must operate in the receiving State, which\nmust be as similar as possible to the way that it would operate in\nthe sending State if the transfer arrangement were not made; and\n(b) the maximum time for which the order may operate, which must\nnot be longer than the maximum time for which it could operate\nin the sending State if the transfer arrangement were not made;\nand\n(c) any entitlement of the young offender to a reduction in detention\nin the sending State and how that entitlement must operate in the\nreceiving State, which must be as similar as possible to the way\nthat it would operate in the sending State if the transfer\narrangement were not made; and\n(d) that a young offender who is subject to a nonprobation period\nmay be treated as being subject to an equivalent nonparole\nperiod, if the laws of the receiving State do not provide for\nnonprobation periods.\n(3) A reference in this section to an order of a court is a reference to a\nsentence, detention, probation, parole or other order, that could be\nmade or imposed by the court.\n\n","sortOrder":96},{"sectionNumber":"120","sectionType":"section","heading":"Custody of person on transfer order","content":"120 Custody of person on transfer order\n(1) If the director-general makes a transfer arrangement under this Act\nfor the transfer of a young offender from the ACT to a State in the\ncustody of a transfer escort, the director-general must make a written\norder (a transfer order) that—\n(a) directs the person who has custody of the young offender to\ndeliver the young offender to the custody of the transfer escort;\nand\n(b) authorises the transfer escort to take and keep custody of the\nyoung offender for the purpose of transferring the young\noffender to the place in the receiving State, and to the custody,\nmentioned in the transfer arrangement.\n(2) The authority given to a transfer escort by a transfer order is given\nonly to a transfer escort who is—\n(a) a police officer; or\n(b) a corrections officer; or\n(c) a youth detention officer; or\n(d) a person acting as a transfer escort with the approval of the\n","sortOrder":97},{"sectionNumber":"121","sectionType":"section","heading":"Custody pending interstate transfer","content":"121 Custody pending interstate transfer\nIf the director-general makes a transfer arrangement under this Act\nfor the transfer of a young offender from the ACT to a State in the\ncustody of a transfer escort mentioned in section 120 (2), the young\noffender may be detained in a detention place until the young offender\nis delivered to the transfer escort.\n\n","sortOrder":98},{"sectionNumber":"122","sectionType":"section","heading":"Transfer to ACT in custody of transfer escort","content":"122 Transfer to ACT in custody of transfer escort\n(1) This section applies if, under a transfer arrangement for the transfer\nof a young offender to the ACT, a transfer escort authorised under the\narrangement brings the young offender into the ACT.\n(2) While in the ACT, the transfer escort is authorised to take and keep\ncustody of the young offender to transfer the young offender to the\nplace in the ACT, and to the custody, stated in the transfer\narrangement.\n","sortOrder":99},{"sectionNumber":"123","sectionType":"section","heading":"Powers of transfer escorts","content":"123 Powers of transfer escorts\n(1) A transfer escort escorting a young offender under a transfer order\nmay, to keep custody of the young offender under the order—\n(a) give the young offender any direction that the transfer escort\nbelieves on reasonable grounds is necessary and reasonable; and\n(b) use force in accordance with division 6.6.4 (Use of force).\n(2) A transfer escort escorting a young offender under a transfer order\nmay conduct a scanning search, frisk search or ordinary search of the\nyoung offender if the transfer escort suspects on reasonable grounds\nthat the young offender may be carrying a prohibited thing.\n(3) The following provisions apply, with any necessary changes and any\nchanges prescribed by regulation, in relation to a search under this\nsection:\n(a) part 7.2 (Searches generally);\n(b) part 7.3 (Scanning, frisk and ordinary searches);\n(c) part 7.9 (Seizing property).\n\n","sortOrder":100},{"sectionNumber":"124","sectionType":"section","heading":"Offence—escapes during transfer","content":"124 Offence—escapes during transfer\n(a) an order sentencing the person to imprisonment has been made;\nand\n(b) the person is in custody under a transfer arrangement made for\nthe person’s transfer from the ACT to a State; and\n(c) the person escapes from that custody while the person is not in\nthe ACT or the receiving State.\nMaximum penalty: imprisonment for 6 months.\n","sortOrder":101},{"sectionNumber":"125","sectionType":"section","heading":"Transfer from ACT of sentence or order","content":"125 Transfer from ACT of sentence or order\n(1) This section applies if a young offender is transferred from the ACT\nto a State under a transfer arrangement.\n(2) From the time the young offender arrives in the State, a sentence\nimposed on, or order made in relation to, the young offender in the\nACT before that time, ceases to have effect in the ACT except for—\n(a) an appeal against or review of a conviction, judgment, sentence\nor order made, imposed or fixed by a Territory court; and\n(b) taking into account a period of detention served before that time\nby the young offender or a reduction of the period of detention\ngranted before that time; and\n(c) taking into account anything done before that time by the young\noffender in carrying out the order; and\n(d) allowing for a remittance of money to the Territory that is or has\nbeen paid in discharge or partial discharge of the sentence or\n\nTransfer of sentence or order Division 5.2.2\n","sortOrder":102},{"sectionNumber":"126","sectionType":"section","heading":"Transfer to ACT of sentence or order","content":"126 Transfer to ACT of sentence or order\n(1) This section applies if a young offender is transferred to the ACT\nfrom a State under a transfer arrangement.\n(2) From the time the young offender arrives in the ACT—\n(a) a sentence imposed on, or order made in relation to, the young\noffender by a court of the sending State and stated in the transfer\narrangement must be considered as having been imposed or\nmade by the Territory court stated in the transfer arrangement;\nand\n(b) a sentence or order considered by a previous transfer\narrangement with the Territory, or with a State, to have been\nimposed or made by a court of the sending State, which is a\nsentence or order stated in the transfer arrangement under which\nthe young offender is transferred to the ACT, must be\nconsidered as having been imposed or made by the Territory\ncourt stated in the transfer arrangement; and\n(c) a direction given or order made by a court of the sending State\nconcerning the time when anything must be done under an order\nmade by a court of that State is, as far as practicable, to be\nconsidered as having been given or made by the Territory court\nstated in the transfer arrangement.\n(3) A sentence, order or direction has effect in the ACT as stated in the\ntransfer arrangement and the laws of the Territory apply as if the\nTerritory court stated in the transfer arrangement—\n(a) had, at the relevant time, power to impose the sentence and to\nmake or give the order or direction; and\n(b) did in fact impose the sentence and make or give the order or\ndirection when it was imposed, made or given.\n\n","sortOrder":103},{"sectionNumber":"127","sectionType":"section","heading":"Director-general may receive young offenders","content":"127 Director-general may receive young offenders\nThe director-general may receive, at a detention place, young\noffenders being transferred through the ACT from a State to another\nState under a transfer agreement.\n","sortOrder":104},{"sectionNumber":"128","sectionType":"section","heading":"Lawful custody for transit through ACT","content":"128 Lawful custody for transit through ACT\n(1) This section applies if a young offender is brought into the ACT by a\ntransfer escort authorised by a transfer agreement to have custody of\nthe young offender.\n(2) While in the ACT, the transfer escort is authorised to take and keep\ncustody of the young offender for the transfer.\n(3) The director-general may, at the request of the transfer escort and on\nreceiving from the transfer escort written authority for the transfer of\nthe young offender as provided in the transfer agreement—\n(a) receive and detain the young offender at a detention place under\nthe custody and for the time that the transfer escort requests, if\nreasonably necessary for the transfer; and\n(b) at the end of that time, deliver the young offender into the\ncustody of the transfer escort.\n","sortOrder":105},{"sectionNumber":"129","sectionType":"section","heading":"Escapees may be apprehended without warrant","content":"129 Escapees may be apprehended without warrant\nA young offender who escapes from the custody of a transfer escort\nwhile being transferred through the ACT from a State to another State\nby a transfer escort under a transfer agreement may be apprehended\nby a transfer escort or police officer without a warrant.\n\nTransit through ACT Division 5.2.3\n","sortOrder":106},{"sectionNumber":"130","sectionType":"section","heading":"Escapees to be brought before magistrate","content":"130 Escapees to be brought before magistrate\n(1) This section applies if a young offender being transferred through the\nACT from a State to another State in the custody of a transfer escort—\n(a) escapes and is apprehended; or\n(b) attempts to escape.\n(2) The young offender may be taken before a magistrate and the\nmagistrate may, by warrant, order the young offender to be detained\nin custody at a detention place.\n(3) The warrant may be executed according to its terms.\n","sortOrder":107},{"sectionNumber":"131","sectionType":"section","heading":"Court may arrange transfer of apprehended escapees","content":"131 Court may arrange transfer of apprehended escapees\n(1) A young offender who is apprehended under a warrant under\nsection 130 must, as soon as practicable, be brought before—\n(a) if the young offender is 18 years old or older—the Magistrates\nCourt; or\n(b) in any other case—the Childrens Court.\n(2) The Magistrates Court or Childrens Court may order that the young\noffender—\n(a) be delivered to the custody of a transfer escort; or\n(b) be detained for not longer than 7 days until a transfer escort is\navailable from the sending State to carry out the transfer\narrangement or an order made by a court of the State.\n(3) If a young offender who is the subject of an order made by a\nmagistrate is not, under the order, delivered into the custody of a\ntransfer escort before the end of 7 days after the day the order is made,\nthe order has no further effect.\n(4) If an order ceases to have further effect under subsection (3), a further\norder may be made under subsection (2).\n\ntransfer escort, for a young offender being transferred through the\nACT from a State to another State under a transfer agreement,\nmeans—\n(a) the transfer escort authorised by the transfer agreement to have\ncustody of the young offender; or\n(b) if the young offender has escaped or attempted to escape—1 or\nmore of the following people:\n(i) the transfer escort;\n(ii) a police officer of the sending State;\n(iii) a person appointed in writing by the Minister of the\nsending State, or a person authorised to enter into a transfer\narrangement for that Minister, to be a transfer escort to\ncarry out an order of a court of the sending State.\n","sortOrder":108},{"sectionNumber":"132","sectionType":"section","heading":"Search warrants for escapees","content":"132 Search warrants for escapees\n(1) A transfer escort or police officer may apply to a magistrate for a\nsearch warrant if the transfer escort or police officer believes on\nreasonable grounds that a young offender who has escaped from the\ncustody of a transfer escort while being transferred through the ACT\nfrom a State to another State under a transfer agreement is at\n(2) The magistrate may, if satisfied that there are reasonable grounds for\ndoing so, issue a search warrant authorising the person named in the\nwarrant with the assistance, and with the force, that is necessary and\nreasonable to—\n(a) enter stated premises; and\n(b) inspect the premises for evidence of the young offender who has\nescaped from custody; and\n\nTransit through ACT Division 5.2.3\n(c) observe and converse with a person apparently living there; and\n(d) apprehend the young offender at the premises.\n(3) A warrant issued under this section must state—\n(a) why the warrant is issued, including the name and description of\nthe young offender for whom entry and search are authorised;\nand\n(b) whether entry is authorised to be made at any time of the day or\nnight or during stated hours of the day or night; and\n(c) a date, not being later than 14 days after the date of issue of the\nwarrant, on which the warrant ceases to have effect.\n(4) A police officer may—\n(a) accompany a transfer escort executing a search warrant issued\nunder this section; and\n(b) take all reasonable steps to assist in the apprehension of the\nyoung offender at the premises.\ntransfer escort means the transfer escort authorised by the transfer\nagreement to have custody of the young offender.\n\n","sortOrder":109},{"sectionNumber":"133","sectionType":"section","heading":"Revocation of transfer order—offence during transfer","content":"133 Revocation of transfer order—offence during transfer\n(1) The Childrens Court may, on application by the director-general,\nrevoke a transfer order in relation to a young offender if the young\noffender has, while being transferred, committed—\n(a) the offence of escaping or attempting to escape; or\n(b) another offence.\n(2) This section applies whether or not—\n(a) the offence was an offence against a law of—\n(i) the Territory; or\n(ii) the receiving State; or\n(iii) a State through which the young offender was being\ntransferred; or\n(b) an information has been laid for the offence; or\n(c) a conviction has been recorded for the offence.\n","sortOrder":110},{"sectionNumber":"134","sectionType":"section","heading":"Revocation of transfer order by director-general","content":"134 Revocation of transfer order by director-general\n(1) The director-general may revoke a transfer order in relation to a\nyoung offender at any time before the young offender is delivered in\nthe receiving State into the custody stated in the transfer arrangement\nfor the young offender.\n(2) If the director-general revokes a transfer order, the director-general\nmay make a further transfer arrangement with the receiving State for\nthe return of the young offender to the ACT.\n\nRevocation of transfer orders Division 5.2.4\n","sortOrder":111},{"sectionNumber":"135","sectionType":"section","heading":"Director-general may consider reports etc","content":"135 Director-general may consider reports etc\n(1) In forming an opinion or exercising a discretion under this part, the\ndirector-general may—\n(a) be informed as the director-general considers appropriate; and\n(b) consider reports from—\n(i) a person responsible for a young offender in the ACT or a\nState; or\n(ii) a person who has had the custody, care or supervision of a\nyoung offender in the ACT or a State.\n(2) A report that relates to an ACT young offender may be sent to a\nMinister of a State who has entered into a transfer agreement, or on\nwhose behalf a transfer agreement has been entered into, or to a\nperson authorised under a transfer agreement to make transfer\narrangements with the director-general.\n\n","sortOrder":112},{"sectionNumber":"Part 6","sectionType":"part","heading":"Criminal matters—detention","content":"Chapter 6 Criminal matters—detention\n","sortOrder":113},{"sectionNumber":"136","sectionType":"section","heading":"Application—ch 6","content":"136 Application—ch 6\nThis chapter applies to young detainees.\nNote Young detainee—see s 95.\n","sortOrder":114},{"sectionNumber":"137","sectionType":"section","heading":"Definitions—ch 6","content":"137 Definitions—ch 6\naccredited person, in relation to a young detainee, means each of the\n(a) the director-general if the director-general is a person who has\ndaily care responsibility, or long-term care responsibility, for the\nyoung detainee;\n(b) a representative, approved by the director-general, of an entity\nproviding a service or program to the young detainee at a\ndetention place;\n(c) a lawyer representing the young detainee;\n(d) an official visitor;\n(e) the custodial inspector;\n(f) a commissioner exercising functions under the Human Rights\n(g) the Aboriginal and Torres Strait Islander children and young\n\nDetention places—general Part 6.1\n(h) the ombudsman;\n(i) a person prescribed by regulation.\ncase management plan, for a young detainee, means the young\ndetainee’s case management plan maintained under section 188.\nnon-treating doctor means a doctor authorised under section 98\n(Health practitioners—non-treating functions).\nprohibited thing means a thing declared to be a prohibited thing under\nsection 148.\nregister of young detainees means the register kept under\nsection 185.\nsecurity classification, for a young detainee, means the young\ndetainee’s security classification under section 190.\nvisiting conditions, at a detention place, means conditions declared\nunder section 228 in relation to the place.\nvisitor, in relation to a detention place, includes a person wishing to\nenter the place as a visitor.\nyoung remandee—see the Crimes (Sentence Administration)\nAct 2005, dictionary.\nyouth detention policy means a youth detention policy made by the\ndirector-general under section 143.\n","sortOrder":115},{"sectionNumber":"138","sectionType":"section","heading":"Treatment of young detainees generally","content":"138 Treatment of young detainees generally\nFunctions under the criminal matters chapters in relation to a young\ndetainee must be exercised as follows:\n(a) to respect and protect the young detainee’s human rights;\n(b) to ensure the young detainee’s decent, humane and just\ntreatment;\n(c) to preclude torture or cruel, inhuman or degrading treatment;\n\n(d) to ensure the young detainee is not subject to further punishment\n(in addition to deprivation of liberty) only because of the\nconditions of detention;\n(e) to ensure the young detainee’s conditions in detention comply\nwith section 141 (Detention places—minimum living\nconditions);\n(f) to promote, as far as practicable, the young detainee’s\nreintegration into society;\n(g) for a young detainee who is a young offender—to promote, as\nfar as practicable, the young detainee’s rehabilitation.\n","sortOrder":116},{"sectionNumber":"139","sectionType":"section","heading":"Treatment of young remandees","content":"139 Treatment of young remandees\n(1) Functions under the criminal matters chapters in relation to a young\nremandee must also be exercised to recognise and respect that—\n(a) the young remandee must be presumed innocent of any offence\nfor which the young remandee is remanded in custody; and\n(b) the detention is not imposed as punishment of the young\nremandee.\n(2) Subsection (1) does not apply if the young remandee—\n(a) has been convicted or found guilty of the offence for which the\nyoung remandee is detained; or\n(b) is under a sentence of imprisonment in relation to another\nExample—s (2) (a)\na convicted young person remanded in custody for sentencing\n\nDetention places—general Part 6.1\n","sortOrder":117},{"sectionNumber":"140","sectionType":"section","heading":"Treatment of certain young detainees","content":"140 Treatment of certain young detainees\n(1) This section applies to a young detainee (other than a sentenced\nyoung offender or young remandee) while the young detainee is\nrequired to be held in custody or detention under a territory law or a\nlaw of the Commonwealth, a State or another Territory.\n(2) Functions under the criminal matters chapters in relation to the young\ndetainee must be exercised to recognise and respect the purpose for\nwhich the young detainee is held in custody or detention.\n(3) The criminal matters chapters apply in relation to the young detainee,\nwith any changes prescribed by regulation.\n","sortOrder":118},{"sectionNumber":"141","sectionType":"section","heading":"Detention places—minimum living conditions","content":"141 Detention places—minimum living conditions\n(1) To protect the human rights of young detainees in detention at\ndetention places, the director-general must ensure, as far as\npracticable (including during any emergency declared under\nsection 149), that conditions at detention places meet at least the\nfollowing minimum standards:\n(a) young detainees must have access to sufficient nutritional food\nand drink to avoid hunger and poor nourishment;\n(b) young detainees must have access to sufficient suitable clothing\nthat does not degrade or humiliate young detainees;\n(c) young detainees must have access to suitable facilities for\npersonal hygiene;\n(d) young detainees must have suitable accommodation and\nbedding for sleeping in reasonable privacy and comfort;\n(e) young detainees must have reasonable access to the open air and\nexercise;\n(f) young detainees must have reasonable access to telephone, mail\nand other facilities for communicating with people in the\ncommunity;\n\n(g) young detainees must have reasonable opportunities to receive\nvisits from family members, significant people and accredited\npeople;\nNote 1 Accredited person—see s 137.\nNote 2 One family member or a significant person may visit for at least 1\nhour each week (see s 177).\nNote 3 For further provisions about access, see div 6.6.5.\n(h) young detainees must have reasonable opportunities to\ncommunicate with their lawyers;\n(i) young detainees must have reasonable access to news and\neducation services and facilities to maintain contact with\nsociety;\n(j) young detainees must have access to suitable health services and\nhealth facilities;\n(k) young detainees must have reasonable opportunities for\nreligious, spiritual and cultural observances.\nExample––par (k)\nobservances and practices relating to religious or spiritual beliefs, including\nthe spiritual beliefs of Aboriginal or Torres Strait Islander people\n(2) Part 6.5 applies to living conditions at detention places.\n\n","sortOrder":119},{"sectionNumber":"142","sectionType":"section","heading":"Detention places—declaration","content":"142 Detention places—declaration\n(1) The Minister may declare a place to be a detention place.\nExample—declaration\nthe declaration of a place, including a buffer zone surrounding a secure perimeter,\nto be a detention place\n(3) For the Smoke-Free Public Places Act 2003, a detention place is a\npublic place.\n","sortOrder":120},{"sectionNumber":"143","sectionType":"section","heading":"Youth detention policies and operating procedures","content":"143 Youth detention policies and operating procedures\n(1) The director-general may make youth detention policies and\noperating procedures, consistent with this Act, to facilitate the\neffective and efficient management of detention services for young\ndetainees.\n(2) Each youth detention policy or operating procedure is a notifiable\n(3) Each youth detention policy and operating procedure—\n(a) must be available for inspection by anyone at each detention\n(b) may be made available for inspection at any other place decided\n\n","sortOrder":121},{"sectionNumber":"144","sectionType":"section","heading":"Exclusion of matters from notified youth detention","content":"144 Exclusion of matters from notified youth detention\npolicies etc\n(1) The director-general may exclude from a youth detention policy or\noperating procedure notified or available for inspection in accordance\nwith section 143 any matter that the director-general believes on\nreasonable grounds would be likely to disclose—\n(a) information that may endanger public safety or security or good\norder at a detention place; or\n(b) anything prescribed by regulation.\n(2) If subsection (1) applies to a youth detention policy or operating\nprocedure—\n(a) the policy or procedure must contain a statement about the effect\nof this section; and\n(b) the excluded matter must be available for inspection, on request,\nby any of the following:\n(i) a judge;\n(ii) a magistrate;\n(iii) a member of the Legislative Assembly;\n(iv) the custodial inspector;\n(v) a commissioner exercising functions under the Human\nRights Commission Act 2005;\n(vi) the Aboriginal and Torres Strait Islander children and\nyoung people commissioner;\n(vii) the ombudsman;\n(viii) an official visitor;\n(ix) the integrity commissioner;\n\n(x) anyone to whom this section applies because of a\ndeclaration under subsection (3).\n(3) The Minister may declare that this section applies to a stated person.\n(4) A declaration is a notifiable instrument.\n","sortOrder":122},{"sectionNumber":"145","sectionType":"section","heading":"Copies of Act, policies etc to be available for inspection","content":"145 Copies of Act, policies etc to be available for inspection\nat detention place\nThe director-general must ensure copies of the following are available\nfor inspection by young detainees at each detention place:\n(a) this Act;\n(b) youth detention policies and operating procedures available\nunder section 143.\n","sortOrder":123},{"sectionNumber":"146","sectionType":"section","heading":"Director-general directions","content":"146 Director-general directions\n(1) The director-general may give reasonable directions in relation to a\nyoung detainee about anything related to the criminal matters\n(2) Without limiting subsection (1), the director-general may give a\ndirection that the director-general considers necessary and reasonable\nin relation to any of the following:\n(a) the wellbeing or safety of the young detainee or anyone else;\n(b) security or good order at a detention place;\n(c) ensuring compliance with any requirement under this Act or\nanother territory law.\n(3) A direction may be given orally or in writing, and may apply to a\nparticular young detainee or 2 or more young detainees.\n(4) A direction by the director-general under this Act, or anything done\nunder the direction, is not invalid because of a defect or irregularity\nin or in relation to the direction.\n\n","sortOrder":124},{"sectionNumber":"147","sectionType":"section","heading":"Prohibited areas","content":"147 Prohibited areas\n(1) The director-general may, in writing, declare an area of a detention\nplace to be a prohibited area if the director-general believes on\nreasonable grounds that the declaration is necessary or prudent to\nensure 1 or more of the following:\n(a) the safety of anyone at the detention place;\n(b) security or good order at a detention place;\n(c) that the best interests of detainees are protected.\n(2) The director-general must take all reasonable steps to ensure that the\nprohibited area is brought to the attention of all young detainees.\n","sortOrder":125},{"sectionNumber":"148","sectionType":"section","heading":"Prohibited things","content":"148 Prohibited things\n(1) The director-general may declare a thing to be a prohibited thing if\ndeclaration is necessary or prudent to ensure security or good order at\na detention place.\nExamples—prohibited things\n1 a weapon or something crafted as a weapon\n2 alcohol\n3 a controlled drug under the Criminal Code\n4 a mobile phone\n\n","sortOrder":126},{"sectionNumber":"149","sectionType":"section","heading":"Declaration of emergency","content":"149 Declaration of emergency\ngrounds that an emergency (including an imminent emergency) exists\nin relation to a detention place that threatens or is likely to threaten—\n(a) good order or security at the place; or\n(b) the safety of anyone at the place or elsewhere.\n(2) The director-general may declare that an emergency exists in relation\nto the detention place for a stated period of not more than—\n(a) 3 days; or\n(b) if another period is prescribed by regulation—the period\nprescribed.\n(3) To remove any doubt, the director-general may make declarations for\n2 or more consecutive periods under this section in relation to the\nsame emergency.\n(4) A declaration commences—\n(a) when it is made; or\n(b) if it provides for a later commencement—on that later\ncommencement.\n(5) The first declaration in relation to an emergency is a notifiable\n(6) A declaration for a second or subsequent consecutive period in\nrelation to the same emergency is a disallowable instrument.\n(7) An instrument under subsection (5) or (6) must be notified under the\nLegislation Act not later than the day after the day it is made.\n\n","sortOrder":127},{"sectionNumber":"150","sectionType":"section","heading":"Emergency powers","content":"150 Emergency powers\n(1) While an emergency is declared under section 149 in relation to a\ndetention place, the director-general may do 1 or more of the\n(a) restrict any activity at the place;\n(b) restrict access in, or to or from, the place or any part of the place;\n(c) restrict communications between a young detainee and anyone\nelse;\n(d) authorise a police officer or public servant to exercise any\nfunction exercisable by a youth detention officer under the\ncriminal matters chapters in accordance with any direction by\n(2) The director-general must ensure that action taken under this section\nis necessary and reasonable in the circumstances.\nNote Section 141 (Detention places—minimum living conditions) continues to\napply during an emergency (see s 141 (1)).\n","sortOrder":128},{"sectionNumber":"151","sectionType":"section","heading":"Arrangements with police","content":"151 Arrangements with police\n(1) The director-general may make arrangements with the chief police\nofficer for police assistance in relation to the administration of the\ncriminal matters chapters.\n(2) Subject to any arrangement under this section, the chief police officer\nmust comply, as far as practicable, with any request by the\ndirector-general for police assistance mentioned in subsection (1).\n(3) A police officer providing assistance under this section may exercise\nany function exercisable by a youth detention officer under the\ncriminal matters chapters in accordance with any direction by the\n\n","sortOrder":129},{"sectionNumber":"152","sectionType":"section","heading":"Assistance from other directors-general","content":"152 Assistance from other directors-general\n(1) The director-general may ask another director-general for assistance\nin relation to the exercise of functions under the criminal matters\nExamples—functions for which director-general may ask for assistance\n1 development of a case management plan for a young detainee under s 188\n2 provision of an assessment or advice in relation to a health, education or other\nmatter\n3 arrangements for search dogs\n4 escorting a young detainee to and from court or leave\n(2) The director-general must comply with the request as far as\n(3) A corrections officer providing assistance under this section may\nexercise any function exercisable by a youth detention officer under\nthe criminal matters chapters in accordance with any direction by the\n\nPart 6.3 Access to and inspection of detention places\nPart 6.3 Access to and inspection of\n153 Inspections by judicial officers and Assembly members\n(1) This section applies to each of the following:\n(c) a member of the Legislative Assembly.\nNote 1 The custodial inspector may also enter and inspect a detention place\n(see Custodial Inspector Act 2017, s 19).\nNote 2 Official visitors must visit detention places (see pt 2.3 and Official Visitor\nAct 2012).\n(2) A person mentioned in subsection (1) may, at any reasonable time,\nenter and inspect—\n(a) a detention place; or\n(b) a place outside a detention place where a detainee is, or has been,\ndirected to work or participate in an activity.\nExample—time that would not be reasonable\na time when an emergency declaration is in force\n","sortOrder":130},{"sectionNumber":"153A","sectionType":"section","heading":"Access to detention places","content":"153A Access to detention places\nA commissioner exercising functions under the Human Rights\nCommission Act 2005, the Aboriginal and Torres Strait Islander\nchildren and young people commissioner or the ombudsman may, at\nany reasonable time, enter a detention place for the purpose of\nexercising the person’s functions under this Act.\n\nAccess to and inspection of detention places Part 6.3\n","sortOrder":131},{"sectionNumber":"154","sectionType":"section","heading":"Relationship with other inspection laws","content":"154 Relationship with other inspection laws\n(1) The criminal matters chapters must be construed and administered in\na way that is consistent with an inspection law unless the contrary\nintention appears from this Act or that law.\n(2) The criminal matters chapters are taken to be consistent with an\ninspection law to the extent that they are capable of operating\nconcurrently with that law.\n(3) The director-general may make arrangements with a person\nresponsible for the exercise of functions under an inspection law to\nensure, as far as practicable, the safety of an inspector (however\ndescribed) or anyone else affected by the exercise of the function in\nrelation to a young detainee or detention place.\n(4) A person exercising a function under an inspection law in relation to\na young detainee or detention place must exercise the function in\naccordance with any reasonable direction by the director-general in\nrelation to—\n(a) the safety of anyone at the detention place; or\n(b) security or good order at the detention place.\ninspection law means an Act that provides for the entry and\ninspection of premises, or the search of people or premises.\nExamples—inspection laws\n• Crimes Act 1900\n• Custodial Inspector Act 2017\n• Emergencies Act 2004\n• Food Act 2001\n• Public Health Act 1997\n\n","sortOrder":132},{"sectionNumber":"155","sectionType":"section","heading":"Meaning of admission—pt 6.4","content":"155 Meaning of admission—pt 6.4\nadmission, of a young detainee to a detention place, means admission\nof the young detainee to the place for detention.\n","sortOrder":133},{"sectionNumber":"156","sectionType":"section","heading":"Authority for detention","content":"156 Authority for detention\n(1) A young detainee must not be admitted to, or detained at, a detention\nplace unless the detention is authorised by a warrant or other authority\n(however described), under a territory law or a law of the\nCommonwealth or a State.\nExamples—other authority authorising detention\n1 a young detainee refused bail by an authorised person under the Bail Act 1992\n2 a young detainee in immigration detention under the Migration\nAct 1958 (Cwlth)\n3 an interstate young detainee on leave in the ACT held in custody overnight\n(2) Before a young detainee is admitted to a detention place, the\ndirector-general must be given the warrant or other authority for the\ndetention.\n(3) The validity of a young detainee’s detention at a detention place is\nnot affected by a defect or irregularity in or in relation to the warrant\nor the evidence of other authority for the detention.\n\n","sortOrder":134},{"sectionNumber":"157","sectionType":"section","heading":"Detention—notifying people responsible for or nominated","content":"157 Detention—notifying people responsible for or nominated\n(1) If a young detainee who is under 18 years old is detained at a\ndetention place, the director-general must take reasonable steps to tell\nsomeone who has daily care responsibility, or long-term care\nresponsibility, for the young detainee about—\n(a) the young detainee’s admission to a detention place; and\n(b) if the young detainee is required to appear before a court or\ntribunal—the time and place of each appearance.\n(2) If the director-general and someone else share daily care\ndetainee, the director-general must act under subsection (1) in relation\nto the other person.\n(3) If a young detainee who is 18 years old or older is detained at a\ndetention place, the director-general must take reasonable steps to tell\nthe young detainee’s nominated person about the matters mentioned\nin subsection (1) (a) and (b).\n","sortOrder":135},{"sectionNumber":"158","sectionType":"section","heading":"Identification of young detainees","content":"158 Identification of young detainees\n(1) For the identification of a young detainee admitted to a detention\nplace, the director-general may direct that 1 or more of the following\nbe taken of or from the young detainee:\n(a) prints of the young detainee’s hands or fingers;\n(b) a photograph or video recording;\n(c) a buccal swab or saliva sample;\n(d) anything else prescribed by regulation.\n\n(2) Anything taken from a young detainee under subsection (1) must be\ndestroyed if—\n(a) the young detainee is found not guilty of any offence to which\nthe detention relates, other than on the ground of unsoundness\nof mind; or\n(b) a proceeding for any offence to which the detention relates is\ndiscontinued or dismissed.\n(3) However, subsection (2) does not apply if, for any part of the period\nof detention for an offence, the young detainee was also being\ndetained for another offence—\n(a) of which the young detainee has been convicted; or\n(b) for which a proceeding (including any appeal proceeding) is still\npending.\nNote The Crimes (Forensic Procedures) Act 2000 includes provision for\ncarrying out forensic procedures on people in custody. See particularly\npt 2.7 (Carrying out of certain forensic procedures after conviction of\nserious offenders).\n","sortOrder":136},{"sectionNumber":"159","sectionType":"section","heading":"Information—entitlements and obligations","content":"159 Information—entitlements and obligations\n(1) As soon as practicable after a young detainee is admitted to a\ndetention place, the director-general must take reasonable steps to\nexplain the following to the young detainee:\n(a) the young detainee’s entitlements and obligations under this\nAct;\n(b) the case management plan arrangements;\n(c) the role of official visitors;\n(d) the procedures for seeking information and making complaints\nto official visitors;\n\n(e) which areas of the detention place are prohibited areas;\nNote Prohibited areas are declared under s 147.\n(f) if the young detainee is a national of a foreign country—that the\nyoung detainee may ask the director-general to tell a diplomatic\nor consular representative of the country about the detention;\n(g) anything else the director-general considers necessary or\ndesirable.\nExamples—par (g)\n1 youth detention policies and operating procedures relevant to the young\n2 the scope and effect of the director-general’s directions\n(2) The explanation under subsection (1)—\n(a) may be in general terms; and\n(b) as far as practicable, must be in language the young detainee can\nreadily understand.\n(3) The director-general must arrange for the assistance of an interpreter\nin complying with subsection (1) or (2) if the director-general\nbelieves on reasonable grounds that the young detainee is unable,\nbecause of inadequate knowledge of the English language or a\ndisability, to communicate with reasonable fluency in English.\n(4) Without limiting subsection (3), the assistance of the interpreter may\nbe provided by telephone.\n(5) The director-general must tell a diplomatic or consular representative\nof a foreign country about the detention of a national of that country,\nif asked by the young detainee or if the director-general, after making\nreasonable inquiries, considers it in the best interests of the young\ndetainee to do so.\n\n","sortOrder":137},{"sectionNumber":"160","sectionType":"section","heading":"Initial assessment","content":"160 Initial assessment\n(a) each young detainee admitted to a detention place is assessed as\nsoon as practicable, and in any event within 24 hours after\nadmission, to identify any immediate—\n(i) physical or mental health needs or risks (including any risk\nof self-harm); and\n(ii) safety or security needs or risks; and\n(b) any needs and risks identified by the assessment are addressed.\nNote For an initial assessment, the director-general may direct a youth\ndetention officer to strip search a young detainee (see s 254).\n(2) In particular, the director-general must ensure that any ongoing needs\nand risks are addressed in the young detainee’s case management plan\n(if any).\n","sortOrder":138},{"sectionNumber":"161","sectionType":"section","heading":"Health assessment","content":"161 Health assessment\n(1) The assessment under section 160 of a young detainee’s physical\nhealth needs and risks must be made by a treating doctor or a nurse.\n(2) The assessment under section 160 of a young detainee’s mental health\nneeds and risks may be made by a treating doctor, a nurse or another\nsuitable health practitioner.\nNote The Mental Health Act 2015 also includes provision for assessment\norders, and emergency detention and care, under that Act.\n(3) An assessment under section 160 made by a health practitioner other\nthan a treating doctor must be reviewed by a treating doctor.\n(4) A treating doctor who makes an assessment or reviews an assessment\nmade under section 160 must give a report of the assessment to the\n\n","sortOrder":139},{"sectionNumber":"162","sectionType":"section","heading":"Alcohol and drug tests on admission","content":"162 Alcohol and drug tests on admission\n(1) For an assessment under section 160, the director-general may direct\nthe young detainee, orally or in writing, to provide a test sample.\n(2) Division 6.7.2 (Alcohol and drug testing—detainees) applies in\nrelation to the direction and any sample given under the direction.\n","sortOrder":140},{"sectionNumber":"163","sectionType":"section","heading":"Security classification","content":"163 Security classification\nThe director-general must arrange for a young detainee to be given a\nsecurity classification under section 190 (Security classification—\nbasis etc) as soon as practicable after the young detainee’s admission\nto a detention place.\n","sortOrder":141},{"sectionNumber":"164","sectionType":"section","heading":"Case management plan","content":"164 Case management plan\n(1) The director-general must arrange for a case management plan to be\nprepared for a young detainee (other than a young remandee) as soon\nas practicable after the young detainee’s admission to a detention\n(2) The director-general may prepare a case management plan for a\nyoung detainee at a detention place who is a young remandee.\nNote The scope of case management plans, and the criteria for deciding\nwhether to maintain one for a young remandee, are set out in s 188.\n","sortOrder":142},{"sectionNumber":"165","sectionType":"section","heading":"Entries in register of young detainees","content":"165 Entries in register of young detainees\nThe director-general must ensure that details of each young detainee\nadmitted to a detention place are entered in the register of young\ndetainees on the young detainee’s admission to the detention place.\nNote The director-general must keep a register of young detainees at a\ndetention place (see s 185).\n\n","sortOrder":143},{"sectionNumber":"166","sectionType":"section","heading":"Requirements and considerations about placement and","content":"166 Requirements and considerations about placement and\nseparation of young detainees\n(1) A youth detention policy or operating procedure may make provision,\nconsistent with this section, in relation to the placement and\nseparation of young detainees, including separation for—\n(a) use of facilities; and\n(b) participation in education or other activities.\n(2) In placing a young detainee, the director-general must ensure that—\n(a) young remandees are segregated from other young detainees;\nand\n(b) male young detainees are segregated from female young\ndetainees; and\n(c) a young detainee who is under 18 years old is not placed with an\n(3) Subsection (2) does not apply if the director-general believes on\nreasonable grounds that another placement will be in the best interests\nof all affected detainees.\n(4) When deciding where to place a young detainee, the director-general\nmust consider the following:\n(a) the needs and special requirements of the young detainee\nbecause of the young detainee’s age, sex, emotional or\npsychological state, physical health, cultural background,\nvulnerability or any other relevant matter;\n(b) if it is proposed that a young detainee be isolated in detention,\nwhether the isolation is in the best interests of the young\ndetainee;\n\n(c) the desirability of the care provided to a young detainee being\nsuited to the particular needs of the young detainee in order to\nprotect the young detainee’s physical and emotional wellbeing;\n(d) that it is in the best interests of young detainees to be separated\nfrom co-offenders.\n(5) When deciding where to place a young detainee, the director-general\nmay also consider any security classification given to the young\ndetainee under section 163.\n\nPart 6.5 Living conditions at detention\nNote to pt 6.5\nAnything expressed in this part to be an entitlement for ch 8 (Criminal matters—\ndiscipline at detention places) is not affected by anything that happens under that\nchapter.\n","sortOrder":144},{"sectionNumber":"167","sectionType":"section","heading":"Food and drink","content":"167 Food and drink\n(a) sufficient nutritional food and drink are provided for young\ndetainees to avoid hunger and poor nourishment; and\n(b) meals are provided for young detainees at times consistent with\nthe cultural norms of Australia; and\n(c) clean drinking water is provided to meet the needs of young\ndetainees.\n(2) The director-general must also ensure, as far as practicable, that\nallowance is made for the religious, spiritual and cultural needs of\nyoung detainees in relation to the provision of food and drink.\n(3) If a doctor (other than a non-treating doctor) prescribes a particular\ndiet for a young detainee, the director-general must ensure that\nreasonable steps are taken to provide the young detainee with that\ndiet.\n(4) A youth detention policy or operating procedure may include\nprovision for any of the following:\n(a) the nutritional standards to be met by food and drink for young\ndetainees;\n(b) the provision of nutritional advice about food and drink\nprovided to young detainees;\n(c) the appointment of a nutritionist.\n\n(5) For chapter 8, a young detainee’s entitlement in relation to food and\ndrink includes anything expressed to be an entitlement in a youth\ndetention policy or operating procedure made for subsection (4).\n","sortOrder":145},{"sectionNumber":"168","sectionType":"section","heading":"Clothing","content":"168 Clothing\n(a) sufficient suitable clothing is provided for young detainees; and\n(b) any particular clothing, including a uniform, issued to young\ndetainees is not likely to degrade or humiliate young detainees.\n(2) The director-general must also ensure, as far as practicable, that\nclothing provided for young detainees is clean and hygienic.\n(3) For chapter 8, this section is taken to provide an entitlement for each\nyoung detainee in relation to clothing.\n","sortOrder":146},{"sectionNumber":"169","sectionType":"section","heading":"Personal hygiene","content":"169 Personal hygiene\n(a) toilet facilities and washing or showering facilities are available\nto young detainees; and\n(b) the facilities are clean, hygienic and private enough to ensure the\ndignity and self-respect of young detainees.\n(2) For chapter 8, this section is taken to provide an entitlement for each\nyoung detainee in relation to personal hygiene.\n","sortOrder":147},{"sectionNumber":"170","sectionType":"section","heading":"Sleeping areas","content":"170 Sleeping areas\n(a) young detainees have sleeping places, with beds and bedding,\nsuitable to provide reasonable privacy and comfort; and\n(b) sleeping places, including beds and bedding, are clean and\nhygienic.\n\n(2) For chapter 8, this section is taken to provide an entitlement for each\nyoung detainee in relation to sleeping areas.\n","sortOrder":148},{"sectionNumber":"171","sectionType":"section","heading":"Treatment of convicted and non-convicted young","content":"171 Treatment of convicted and non-convicted young\n(1) Without limiting section 143 (Youth detention policies and operating\nprocedures), the director-general must make a youth detention policy\nor operating procedure providing for different treatment of convicted\nyoung detainees and non-convicted young detainees.\na youth detention policy or operating procedure, in accordance with the United\nNations Rules for the Protection of Juveniles Deprived of Liberty, for non-convicted\nyoung detainees to:\n• be provided, if possible, with opportunities to pursue work with remuneration\nand to continue education and training (r 18)\n• receive and retain materials for their leisure and recreation that are compatible\nwith the interests of the administration of justice (r 18)\n(2) For chapter 8, a young detainee’s entitlement in relation to treatment\nin detention includes anything expressed to be an entitlement in a\nyouth detention policy or operating procedure made for\nsubsection (1).\nconvicted young detainee means a young detainee whose detention\nis because of the young detainee’s conviction for an offence.\n","sortOrder":149},{"sectionNumber":"172","sectionType":"section","heading":"Access to open air and exercise","content":"172 Access to open air and exercise\ndetainees—\n(a) have access to the open air for at least 2 hours each day; and\n(b) can exercise for at least 2 hours each day.\n(2) The standards under subsection (1) may both be satisfied during the\nsame 2 hours on any day.\n\n(3) For chapter 8, this section is taken to provide an entitlement for each\nyoung detainee in relation to access to the open air and exercise.\n","sortOrder":150},{"sectionNumber":"173","sectionType":"section","heading":"Communication with family and others","content":"173 Communication with family and others\n(1) The director-general must ensure, as far as practicable, that adequate\nopportunities are provided for young detainees to be able to remain\nin contact with family members, friends, associates and others by\ntelephone calls, mail and visits.\n(2) For subsection (1), the director-general must have regard, in addition\nto any other relevant matter, to whether the young detainee’s\ndetention is for a reason other than conviction for an offence.\n(3) The director-general must also ensure that the overall treatment of a\nyoung detainee, including any segregation or disciplinary action, does\nnot unreasonably deprive the young detainee generally of all\ncommunication with other people.\n(4) In particular, the director-general must ensure that the overall\ntreatment of a young detainee does not unreasonably deprive the\nyoung detainee generally of all communication with any of the\n(a) the courts;\n(b) accredited people;\n(c) a doctor of the young detainee’s choice for health services;\n(d) family members;\n(e) other people with whom the young detainee may communicate\nunder the criminal matters chapters.\n(5) For chapter 8, subsections (1) to (4) are taken to provide an\nentitlement for each young detainee in relation to communication\ngenerally with other people.\n\n(6) However, this section is subject to the following:\n(a) section 174 (Telephone calls);\n(b) section 175 (Mail);\n(c) section 177 (Visits by family members etc);\n(d) section 178 (Contact with accredited people).\n","sortOrder":151},{"sectionNumber":"174","sectionType":"section","heading":"Telephone calls","content":"174 Telephone calls\n(1) The director-general must ensure that each detention place has\ntelephone facilities for young detainees to make and receive\ntelephone calls.\n(2) A young detainee may make—\n(a) 1 telephone call on admission to a detention place; and\n(b) 2 telephone calls each week to a family member or a significant\n(3) A young detainee may also make and receive further telephone calls\nfor necessary contact with a family member, significant person, friend\nor associate.\n(4) The director-general must pay for telephone calls made by a young\ndetainee unless the director-general believes on reasonable grounds\nthat it is appropriate for the young detainee to pay for the calls.\n(5) For chapter 8, subsections (2) and (3) are taken to provide\nentitlements for each young detainee in relation to telephone calls.\n(6) However, the director-general may give directions denying or\nlimiting the use of a telephone by a young detainee for a call\nmentioned in subsection (2) or (3) if the director-general suspects on\n(a) the call may—\n\n(7) Also, subsections (2) and (3) are subject to—\n(a) section 200 (Monitoring telephone calls etc); and\n(b) any operating procedure mentioned in subsection (8).\n(8) An operating procedure may include provision regulating the\nfollowing in relation to young detainees’ telephone calls:\n(a) the times for making or receiving calls;\n(b) the frequency and length of calls;\n(c) payment for the cost of calls made.\n175 Mail\ndetainees can send and receive as much mail as they wish.\n(2) A young detainee may send mail to, and receive mail from any family\nmember, significant person or other person nominated by the young\ndetainee by written notice given to the director-general.\n(3) For chapter 8, subsection (2) is taken to provide entitlements for each\nyoung detainee in relation to mail.\n\n(4) However, the director-general may give directions denying or\nlimiting the sending or receiving of mail by a young detainee if the\ndirector-general suspects on reasonable grounds that—\n(a) the mail may—\n(5) Also, subsections (1) and (2) are subject to—\n(a) section 201 (Monitoring ordinary mail); and\n(b) section 202 (Monitoring protected mail); and\n(c) any operating procedure mentioned in subsection (6).\n(6) An operating procedure may include provision regulating the\nfollowing in relation to young detainees’ mail:\n(a) the way mail is sent or received;\n(b) the provision of writing and other material for sending mail;\n(c) the storage, and return to the detainee, of mail for which a\ndirection is given under subsection (4).\n\n","sortOrder":152},{"sectionNumber":"176","sectionType":"section","heading":"News and education","content":"176 News and education\ndetainees have reasonable access to—\n(a) newspapers, radio and television broadcasts and other mass\nmedia (including the internet) for news and information; and\n(b) a library or library service; and\n(c) education or training designed to meet the young detainee’s\nindividual needs.\n(2) The director-general must, as part of a young detainee’s case\nmanagement plan, approve a young detainee participating in\nacademic, vocational or cultural education or training if satisfied it\nwould benefit the young detainee in any of the following ways:\n(a) by providing the young detainee with suitable vocational skills;\n(b) by promoting the young detainee’s rehabilitation or\nreintegration into society;\n(c) by contributing satisfactorily to the young detainee’s personal\ndevelopment.\n(3) For chapter 8, participation in education or training approved under\nsubsection (2) is taken to be an entitlement for the young detainee in\nrelation to news and education.\n","sortOrder":153},{"sectionNumber":"177","sectionType":"section","heading":"Visits by family members etc","content":"177 Visits by family members etc\n(1) The director-general must ensure that each detention place has\nsuitable facilities for young detainees to receive visits from family\nmembers and significant people.\n(2) One family member or significant person may visit a young detainee\nfor at least 1 hour each week.\nNote A young detainee has a right to reasonable opportunities to receive visits\nfrom family members and significant people (see s 141 (1) (g)).\n\n(3) For chapter 8, subsection (2) is taken to provide an entitlement for\neach young detainee in relation to visits by family members.\n(4) However, the director-general may give directions denying or\nlimiting a visit mentioned in subsection (2) if the director-general\nsuspects on reasonable grounds that—\n(a) the visit may—\n(5) Also, this section is subject to division 6.6.5 (Access to detention\nplaces).\n","sortOrder":154},{"sectionNumber":"178","sectionType":"section","heading":"Contact with accredited people","content":"178 Contact with accredited people\n(1) The director-general must ensure that a young detainee has adequate\nopportunities for contact with an accredited person, whether by\ntelephone or mail or by a visit by an accredited person.\nNote Accredited person—see s 137.\n(2) For chapter 8, subsection (1) is taken to provide an entitlement for\neach young detainee in relation to contact with an accredited person.\n\n(3) However, the director-general may give directions denying or\nlimiting a young detainee’s contact with an accredited person if the\ndirector-general suspects on reasonable grounds that the contact\nmay—\n(a) undermine security or good order at a detention place; or\n(b) circumvent any process for investigating complaints or\nreviewing decisions under this Act.\n(4) Also, this section is subject to division 6.6.5 (Access to detention\nplaces).\n","sortOrder":155},{"sectionNumber":"179","sectionType":"section","heading":"Visits—protected communications","content":"179 Visits—protected communications\nThe director-general must not listen to, or record, a communication\nat a visit between a young detainee and any of the following people:\nNote 1 Electronic communications between a young detainee and a person\nmentioned in this section must not be monitored, see s 200.\nNote 2 For restrictions on monitoring mail between a young detainee and a\nperson mentioned in this section, see s 202.\n\n","sortOrder":156},{"sectionNumber":"180","sectionType":"section","heading":"Health care","content":"180 Health care\n(a) young detainees have a standard of health care equivalent to that\navailable to other people in the ACT; and\n(b) arrangements are made to ensure the provision of appropriate\nhealth services for young detainees; and\n(c) conditions in detention promote the health and wellbeing of\nyoung detainees; and\n(d) as far as practicable, young detainees are not exposed to risks of\ninfection.\nNote The director-general may direct that a young detainee be transferred to a\nhealth facility (see s 109).\n(2) In particular, the director-general must ensure that young detainees\nhave access to—\n(a) regular health checks; and\n(b) timely treatment where necessary, particularly in urgent\n(c) hospital care where necessary; and\n(d) as far as practicable—\n(i) specialist health services from health practitioners; and\n(ii) necessary health care programs, including rehabilitation\nprograms.\nNote The director-general may also ask for a health report about a young\ndetainee (see s 186).\n(3) For chapter 8, subsections (1) and (2) are taken to provide an\nentitlement for each young detainee in relation to health care.\n\n(4) A regulation may make provision in relation to health services for\nyoung detainees, including provision about the following:\n(a) the provision of health service clinics for young detainees;\n(b) appointments for young detainees with health practitioners;\n(c) rehabilitation for young detainees who suffer personal injury\narising out of or in the course of their detention;\n(d) security arrangements for young detainees visiting health\npractitioners or health facilities, particularly outside detention\nplaces.\n(5) For chapter 8, a young detainee’s entitlement in relation to health care\nincludes anything expressed to be an entitlement in a regulation made\nfor subsection (4).\n","sortOrder":157},{"sectionNumber":"181","sectionType":"section","heading":"Director-general’s consent to medical treatment for","content":"181 Director-general’s consent to medical treatment for\nyoung detainees\n(a) a young detainee is a child or young person; and\n(b) the young detainee needs medical treatment that requires the\nconsent of a person who has daily care responsibility for the\n(c) the director-general does not have daily care responsibility for\n(d) despite reasonable inquiries, the director-general is unable to\nlocate a person who has daily care responsibility for the young\n\n(2) The director-general may consent to medical treatment for the young\ndetainee if delaying the treatment until a person who has daily care\nresponsibility for the young detainee can be located would be\ndetrimental to the young detainee’s health.\n(3) To remove any doubt, this section does not affect any right of a child\n","sortOrder":158},{"sectionNumber":"182","sectionType":"section","heading":"Injury etc—notifying people responsible for or nominated","content":"182 Injury etc—notifying people responsible for or nominated\n(1) This section applies if a young detainee has a condition that\nrequires—\n(a) clinical care for not less than 24 hours; or\n(b) the young detainee’s transfer under section 109 (Transfers to\nhealth facilities); or\n(2) If the young detainee is under 18 years old, the director-general must\ntake reasonable steps to tell a person who has daily care responsibility\nor long-term care responsibility for a young detainee about the\ncondition.\n(3) If the director-general and another person share daily care\nresponsibility or long-term care responsibility for the young detainee,\nthe director-general must act under subsection (2) in relation to the\nother person.\n(4) If the young detainee is 18 years old or older, the director-general\nmust take reasonable steps to tell the young detainee’s nominated\nperson about the condition.\n\n","sortOrder":159},{"sectionNumber":"183","sectionType":"section","heading":"Religious, spiritual and cultural needs","content":"183 Religious, spiritual and cultural needs\n(1) The director-general must ensure, as far as practicable, that provision\nis made at detention places for the religious, spiritual and cultural\nneeds of young detainees.\nExamples—religious, spiritual or cultural needs\n1 observances and practices relating to religious or spiritual beliefs, including\nthe spiritual beliefs of Aboriginal or Torres Strait Islander people\n2 observances or practices arising because a person belongs to a particular\nculture\n(2) In particular, the director-general must ensure, as far as practicable,\nthat young detainees have reasonable access to—\n(a) ministers of religion and other people with standing in a\nparticular culture whom young detainees wish to see for\nreligious, spiritual or cultural purposes; and\n(b) religious services at the detention place; and\n(c) books and other articles associated with their religious, spiritual\nor cultural practices.\n(3) However, the director-general may give directions denying or\nlimiting a young detainee’s access under subsection (1) or (2) if the\ndirector-general suspects on reasonable grounds that it may—\n(a) undermine security or good order at a detention place; or\n(b) revictimise a victim; or\n(c) circumvent any process for investigating complaints or\n(d) have the purpose of causing community distress.\n(4) A young detainee must not be required to receive a visit from anyone\nrepresenting a particular religion, spiritual belief or culture, or attend\nany related service or practice, if the young detainee does not wish to\ndo so.\n\n(5) For chapter 8, subsections (1) and (2) are taken to provide an\nentitlement for each young detainee in relation to religious, spiritual\nand cultural needs.\nminister of religion means—\n(a) a person registered under the Marriage Act 1961 (Cwlth), part 4,\ndivision 1 (Authorised celebrants); or\n(b) a person prescribed by regulation.\n\n","sortOrder":160},{"sectionNumber":"184","sectionType":"section","heading":"Compliance with director-general’s directions","content":"184 Compliance with director-general’s directions\nA young detainee must comply with any direction given under the\ncriminal matters chapters to the young detainee by the\n","sortOrder":161},{"sectionNumber":"185","sectionType":"section","heading":"Register of young detainees","content":"185 Register of young detainees\n(1) The director-general must keep a register containing details of each\nyoung detainee at a detention place.\n(2) The register must include the following details in relation to each\nyoung detainee:\n(a) the young detainee’s full name, including any assumed name;\n(b) the young detainee’s age and date of birth;\n(c) the young detainee’s sex;\nNote For transgender and intersex young detainees, see s 189.\n(d) the authority for the detention of the young detainee;\n(e) the period of authorised detention;\n(f) for a young detainee under a sentence of imprisonment—details\nof the sentence, including any combination sentence;\n(g) the current place of detention;\n(h) the security classification for the young detainee;\n(i) the case management plan (if any) for the young detainee;\n(j) details of any known condition of the young detainee that\nrequires, or is likely to require, a health service;\n\n(k) details of anything taken from the young detainee under\nsection 158 (Identification of young detainees);\n(l) details of property the young detainee has at the detention place;\n(m) for a young detainee who is under 18 years old—details of\npeople who have daily care responsibility, or long-term care\nresponsibility, for the young detainee and details of notifications\nunder this Act of those people;\n(n) for a young detainee who is 18 years old or older—details of a\nperson nominated by the young detainee (the nominated\nperson) to whom the director-general can give any notifications\nrequired under—\n(i) section 113 (Transfer—notifying people responsible for or\nnominated by young detainees); or\n(ii) section 157 (Detention—notifying people responsible for\nor nominated by young detainees); or\n(iii) section 182 (Injury etc—notifying people responsible for\nor nominated by young detainees); or\n(iv) section 207 (2) (c) (Notice of segregation directions—safe\nroom and other); or\n(v) section 237 (5) (c) (Alcohol and drug testing of young\ndetainees); or\n(vi) section 251 (Notice of strip and body searches—person\nresponsible for or nominated by young detainee);\n(o) for a young detainee who is 18 years old or older—details of any\nnotifications given to the young detainee’s nominated person;\n\n(p) anything else the director-general considers necessary or\nappropriate for the proper management of the young detainee.\nExamples—other things director-general may consider necessary or\nappropriate\n1 young detainee’s nutritional or health needs\n2 young detainee’s need for spectacles, contact lens, crutches, prosthesis\nor other artificial aids\n3 young detainee’s language or literacy difficulties\n4 any cultural background or religious affiliation identified by the young\n","sortOrder":162},{"sectionNumber":"186","sectionType":"section","heading":"Health reports","content":"186 Health reports\n(1) For the criminal matters chapters, the director-general may ask a\nrelevant director-general for a written report about a young detainee’s\nhealth.\n(2) The relevant director-general must comply with the request as soon\nas practicable.\n(3) The relevant director-general’s report must include personal health\ninformation about the young detainee that is in a health record—\n(a) in the relevant director-general’s custody; or\n(b) to which the relevant director-general has access through any\narrangement with another director-general.\n(4) The director-general must ensure that a treating doctor assesses the\nreport from a relevant director-general and includes a statement of the\nyoung detainee’s condition (the health schedule) in the young\ndetainee’s case management plan (if any).\n\n(5) The health schedule must include—\n(a) a summary of—\n(i) the young detainee’s condition and health risks, including\nany likelihood of the condition resulting in a medical\nemergency or the onset of significant health problems and\nany associated symptoms; and\n(ii) a treatment regime for the young detainee; and\n(b) details of any medicine approved by the director-general under\nsection 187 for use by the young detainee.\nExamples—s (5)\n1 Young detainee D has diabetes. The health schedule for D explains the type\nof diabetes, the treatment required, any likely medical emergency or\nsignificant health problem and the associated symptoms, such as\nhypoglycaemia.\n2 Young detainee P has epilepsy. The health schedule for P explains the type of\nepilepsy, the treatment required, and the symptoms and consequences of any\nfailure to maintain the treatment regime.\n(6) A youth detention policy or operating procedure may include\nprovision in relation to the health schedule, including provision in\nrelation to any of the following:\n(a) the content of the schedule and, in particular, any statement\nabout the young detainee’s health risks and treatment regime;\n(b) the people who may access the health schedule and the\ncircumstances for access.\n(7) The director-general must ensure that the relevant director-general’s\nreport and the health schedule is available only to people authorised\n(8) In this section:\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\n\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\nrelevant director-general means a director-general whose\nadministrative unit is responsible for any provision of the following\nActs:\n(a) the Corrections Management Act 2007;\n(b) the Crimes (Sentence Administration) Act 2005;\n(c) the Disability Services Act 1991;\n(d) the Health Act 1993;\n(e) the Mental Health Act 2015.\nNote Compliance with a request under this section does not involve a\ncontravention of a privacy principle under the Health Records (Privacy\nand Access) Act 1997 (see that Act, s 5).\n","sortOrder":163},{"sectionNumber":"187","sectionType":"section","heading":"Use of medicines","content":"187 Use of medicines\n(1) The director-general may approve the use of a medicine, other than a\nprescription only medicine, by a young detainee.\nNote The taking of an unauthorised medicine by a young detainee is a\nbehaviour breach (see s 287).\n(2) The director-general may seek the advice of a treating doctor before\napproving the use of a medicine, other than a prescription only\nmedicine, by a young detainee.\n(3) If the director-general approves the use of a medicine by a young\ndetainee, the director-general must ensure that the details of the\napproval, and the reasons for it, are recorded in relation to the young\ndetainee in the register kept under section 185.\nprescription only medicine—see the Medicines, Poisons and\nTherapeutic Goods Act 2008, section 11.\n\n","sortOrder":164},{"sectionNumber":"188","sectionType":"section","heading":"Case management plans—scope etc","content":"188 Case management plans—scope etc\n(a) must maintain an individual case management plan for each\nyoung detainee other than a young remandee; and\n(b) may maintain an individual case management plan for a young\ndetainee who is a young remandee.\n(2) In deciding whether to maintain a case management plan for a young\nremandee, the director-general—\n(a) must consider the following:\n(i) the period of remand;\n(ii) the young remandee’s age and development;\n(iii) the young remandee’s educational needs;\n(iv) any special needs of the young remandee; and\n(b) may consider any other relevant matter.\n(3) A case management plan for a young detainee must—\n(a) outline education and training and activities for the young\ndetainee; and\n(b) be based on an assessment of the needs, capacities and\ndisposition of the young detainee; and\n(c) be consistent with the resources available to the director-general\nto manage the young detainee; and\n(d) include provision to ensure that adequate plans are made for the\nyoung detainee’s return to community life at the end of the\ndetention, taking into account the young detainee’s needs.\n\n","sortOrder":165},{"sectionNumber":"189","sectionType":"section","heading":"Transgender and intersex young detainees—sexual","content":"189 Transgender and intersex young detainees—sexual\nidentity\n(1) This section applies to a transgender or intersex young detainee.\n(2) On admission to a detention place—\n(a) the young detainee may tell the director-general the sex the\nyoung detainee chooses to be identified with; or\n(b) if the young detainee fails to make a choice under\nparagraph (a)—the director-general may choose the sex the\nyoung detainee is to be identified with having regard to the\npresentation of the young detainee on admission to the place.\n(3) The director-general may, on application by the young detainee,\napprove a change in the sex the young detainee chooses to be\nidentified with, having regard to any report obtained under subsection\n(4) or (5).\n(4) Before making a decision under subsection (2) (b) or (3), the\ndirector-general must obtain a report by a non-treating doctor or other\nnon-treating health practitioner about the young detainee’s sexual\nidentity.\n(5) The director-general may also obtain a report by a non-treating doctor\nor non-treating health practitioner about the young detainee’s sexual\nidentity chosen under subsection (2) (a) if the director-general\nbelieves on reasonable grounds that obtaining the report—\n(a) is in the best interests of the young detainee; and\n(b) is necessary to make a decision in relation to the young\ndetainee’s placement or case management.\n(6) The director-general must—\n(a) give the young detainee written notice of a decision by the\ndirector-general under subsection (2) or (3); and\n\n(b) ensure that the young detainee’s sex chosen under this section is\nentered in the register of young detainees.\n(7) For criminal matters chapters, the sex of the young detainee is taken\nto be the young detainee’s sex entered in the register of young\ndetainees under subsection (6) (b).\nExamples—effect of this section\nThe conduct of searches of the young detainee, and the allocation of\naccommodation and hygiene facilities for the young detainee, would be on the basis\nthat the young detainee was a person of the sex chosen and entered in the register\nof young detainees.\nNote The young detainee may require that either a male or female conduct a\nsearch (see s 250 (2) (Searches—transgender and intersex young\ndetainees)).\n","sortOrder":166},{"sectionNumber":"190","sectionType":"section","heading":"Security classification—basis etc","content":"190 Security classification—basis etc\n(a) must give a young detainee a security classification; and\n(b) may review the classification at any time.\n(2) When deciding a young detainee’s security classification, the\ndirector-general must consider the following:\n(a) the reason for the detention, including the nature of any offence\nfor which the young detainee is detained;\n(b) the risks posed by the young detainee if the young detainee were\nto escape;\n(c) the risk of the young detainee escaping;\n(d) the risks posed by the young detainee while at a detention place;\n(e) the risks to the young detainee of being accommodated with\nparticular young detainees or in particular areas at a detention\nplace;\n(f) any other matter prescribed by regulation.\n\n(3) The director-general may also consider anything else the\ndirector-general considers relevant.\n(4) The security measures to which a young detainee is subject under a\nsecurity classification must be the minimum necessary to ensure\nsecure detention of the young detainee.\n","sortOrder":167},{"sectionNumber":"191","sectionType":"section","heading":"Property of young detainees","content":"191 Property of young detainees\n(1) The director-general may allow a young detainee’s property to be\nbrought into a detention place.\n(2) However, the director-general may give directions imposing\nconditions in relation to the property, including conditions in relation\nto—\n(a) the nature, amount and location of property that may be held by\na young detainee at the place; and\n(b) the use of the property.\n(3) The director-general must ensure that the register of young detainees\nincludes details of the property each young detainee has at a detention\n(4) A youth detention policy may make provision in relation to a young\ndetainee’s property, including provision in relation to the following:\n(a) storage of the property;\n(b) access to, and use of, the property;\n(c) transfer of the property;\n(d) compensation for loss of, or damage to, the property;\n(e) return of the property to the young detainee.\n\nyoung detainee’s property does not include a prohibited thing.\nNote Pt 7.9 (Seizing property) provides generally for the seizure, forfeiture and\nreturn of property.\n","sortOrder":168},{"sectionNumber":"192","sectionType":"section","heading":"Possession of prohibited things","content":"192 Possession of prohibited things\n(1) A young detainee commits an offence if the young detainee possesses\na prohibited thing.\n(2) Subsection (1) does not apply if the director-general approves the\nyoung detainee’s possession of the thing.\n","sortOrder":169},{"sectionNumber":"193","sectionType":"section","heading":"Mandatory reporting of threats to security etc at","content":"193 Mandatory reporting of threats to security etc at\ndetention place\n(a) an adult who works or provides services at a detention place\n(whether paid or unpaid) suspects on reasonable grounds that a\nyoung detainee or anyone else at the detention place—\n(i) poses a significant threat to security or good order at the\ndetention place; or\n(ii) has something concealed on them that is a prohibited thing\nor that may be used by the young detainee in a way that\nmay involve a risk to the personal safety of anyone at the\ndetention place; and\n\n(b) the person’s reasons for the suspicion arise from information\nobtained by the person during the course of, or because of, the\nperson’s work or providing of services at the detention place.\nExamples—people working or providing services at detention place\n1 a youth detention officer\n2 a health practitioner\n3 a community-based youth worker\n4 a teacher\n(2) The person must, as soon as practicable after forming the suspicion,\nreport to the director-general—\n(a) the name or description of the young detainee; and\n(b) the reasons for the person’s suspicion.\n","sortOrder":170},{"sectionNumber":"194","sectionType":"section","heading":"Trust accounts of young detainees","content":"194 Trust accounts of young detainees\n(1) The director-general must ensure that money belonging to a young\ndetainee is held for the detainee in a trust account.\n(2) The director-general may deduct amounts from a young detainee’s\ntrust account for payment of any fine or reparation that must be paid\nas a result of disciplinary action against the young detainee.\n(3) A regulation may make provision in relation to the operation or\nmaintenance of trust accounts.\ndisciplinary action—see section 317.\n\n","sortOrder":171},{"sectionNumber":"195","sectionType":"section","heading":"Register of searches and uses of force","content":"195 Register of searches and uses of force\n(1) The director-general must keep a register of—\n(a) searches under any of the following:\n(i) section 254 (Strip searches on admission to detention\nplace);\n(ii) section 258 (Strip searches directed by director-general);\n(iii) section 264 (Body searches directed by director-general);\n(iv) section 275 (Searches—premises and property generally);\n(v) section 276 (Searches of young detainee cells—privileged\nmaterial);\n(vi) section 277 (Searches of young detainee cells—suspected\nprivileged material); and\n(b) incidents involving the use of force under division 6.6.4.\n(2) For subsection (1) (a), the register must contain the following details\nin relation to each search:\n(a) the name of the young detainee searched;\n(b) the reason for the search;\n(c) when and where the search was conducted;\n(d) the name of each person present at any time during the search;\n(e) if, under section 260 (4), section 266 (5) or section 270 (4), a\nrequirement for a youth detention officer or assistant to be the\nsame sex as the young detainee was not complied with—the\ndirector-general’s reasons for believing the requirement did not\napply;\n(f) details of anything seized during the search;\n\n(g) details of any force used for conducting the search, and why\nforce was used;\n(h) anything else prescribed by regulation.\n(3) For subsection (1) (b), the register must include details of each\nincident, including the circumstances, the decision to use force and\nthe force used.\n(4) The register may contain any other details the director-general\n(5) The register must be available for inspection by any of the following:\n(c) an official visitor;\n(d) the custodial inspector;\n(g) a person prescribed by regulation.\n(6) The public advocate must inspect the register at least once every\n3 months.\n\n","sortOrder":172},{"sectionNumber":"196","sectionType":"section","heading":"Disapplication of Listening Devices Act","content":"196 Disapplication of Listening Devices Act\nThe Listening Devices Act 1992 does not apply in relation to anything\ndone at a detention place.\n","sortOrder":173},{"sectionNumber":"197","sectionType":"section","heading":"Monitoring—general considerations","content":"197 Monitoring—general considerations\nIn exercising a function under this division, the director-general must\nensure, as far as practicable, that the following are balanced\nappropriately:\n(a) the need to protect the safety of young detainees, authorised\npeople, other people who work at or visit detention places, and\nthe community;\n(b) the need for security and good order at detention places;\n(c) the benefits of young detainees maintaining contact with the\ncommunity outside detention places;\n(d) the need to protect the privacy of young detainees;\n(e) the need to detect prohibited things entering, at, or leaving\ndetention places;\n(f) the need to prevent intimidation and corruption at detention\nplaces, and the commission of offences;\n(g) anything else the director-general believes on reasonable\ngrounds to be relevant.\n","sortOrder":174},{"sectionNumber":"198","sectionType":"section","heading":"Notice of monitoring","content":"198 Notice of monitoring\nThe director-general must take reasonable steps to ensure that each\nperson who enters a detention place is aware that the person may be\nmonitored, by people and electronically, and that the person’s actions\nand voice may be recorded.\n\nMonitoring Division 6.6.2\n","sortOrder":175},{"sectionNumber":"199","sectionType":"section","heading":"Monitoring at detention places","content":"199 Monitoring at detention places\nThe director-general may arrange for any part of a detention place to\nbe monitored for any activity, including the movement of anyone at\nthe place.\nExamples—monitoring\ndirect viewing, closed-circuit television coverage and the use of other devices for\ndetecting movement\n","sortOrder":176},{"sectionNumber":"200","sectionType":"section","heading":"Monitoring telephone calls etc","content":"200 Monitoring telephone calls etc\n(1) This section applies in relation to an electronic communication with\na young detainee, other than a protected electronic communication.\n(2) The director-general may do either or both of the following in relation\nto the communication:\n(a) monitor the communication;\n(b) record the communication.\n(3) The director-general must tell the parties to the communication that\nthe communication might be monitored and recorded.\n(4) If the communication reveals information about the commission of\nan offence, the director-general must give the information to the chief\npolice officer.\nelectronic communication means communication by—\n(a) telephone, email or fax; or\n(b) any other electronic means.\nprotected electronic communication means an electronic\ncommunication between a young detainee and any of the following:\n\n","sortOrder":177},{"sectionNumber":"201","sectionType":"section","heading":"Monitoring ordinary mail","content":"201 Monitoring ordinary mail\n(1) The director-general may open and search a young detainee’s mail,\nother than protected mail.\n(2) The director-general may read a young detainee’s ordinary mail only\nif the director-general suspects on reasonable grounds that the mail—\n(a) may undermine security or good order at a detention place; or\n(b) may revictimise a victim; or\n(c) may circumvent any process for investigating complaints or\n(d) may not be in the best interests of the young detainee.\n(3) However, the director-general may make a youth detention policy or\noperating procedure in relation to reading a random selection of\nyoung detainees’ ordinary mail.\nordinary mail means mail other than protected mail.\nprotected mail means mail between a young detainee and any of the\n\nMonitoring Division 6.6.2\nsearch includes search—\n(a) with any device using electronic or other technology; and\n(b) by physical means; and\n(c) with the assistance of a search dog.\n","sortOrder":178},{"sectionNumber":"202","sectionType":"section","heading":"Monitoring protected mail","content":"202 Monitoring protected mail\n(1) The director-general may open and search a young detainee’s\nprotected mail in the young detainee’s presence if the director-general\nsuspects on reasonable grounds that the mail contains—\n(a) something that may physically harm the addressee; or\n(b) a prohibited thing.\n(2) However, the director-general must not read a young detainee’s\nprotected mail without the young detainee’s written consent.\nprotected mail—see section 201.\nsearch—see section 201.\n\n","sortOrder":179},{"sectionNumber":"203","sectionType":"section","heading":"Mail searches—consequences","content":"203 Mail searches—consequences\n(1) Subject to section 280 (Seizing mail etc), a young detainee’s mail,\nonce searched, must be delivered to the addressee as soon as\n(2) If a search of a young detainee’s mail reveals information about, or\nevidence of the commission of an offence, the director-general must\ngive the information to the chief police officer.\n","sortOrder":180},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"6.3.1 General","content":"Subdivision 6.6.3.1 General\n","sortOrder":181},{"sectionNumber":"204","sectionType":"section","heading":"Definitions—div 6.6.3","content":"204 Definitions—div 6.6.3\nexternal reviewer means a person appointed as an external reviewer\nunder section 309.\nhealth segregation direction means a segregation direction given\nunder section 214.\nsafe room segregation direction means a direction under section 209.\nsegregation, of a young detainee—\n(a) means the restriction or denial of the young detainee’s\nopportunity—\n(i) to go into, or be in, a particular part of a detention place; or\n(ii) to associate with other young detainees; and\n(b) includes separate confinement.\nsegregation direction means—\n(a) for division 6.6.3, a direction under any of the following:\n(i) section 209 (Segregation—safe room);\n\n(ii) section 212 (Segregation—safety and security);\n(iii) section 213 (Segregation—protective custody);\n(iv) section 214 (Segregation—health etc); and\n(b) for subdivision 6.6.3.4, a direction under any of the following:\n(i) section 212 (Segregation—safety and security);\n(ii) section 213 (Segregation—protective custody);\n(iii) section 214 (Segregation—health etc).\n","sortOrder":182},{"sectionNumber":"205","sectionType":"section","heading":"Purpose of segregation under div 6.6.3","content":"205 Purpose of segregation under div 6.6.3\nTo remove any doubt, segregation under this division must not be\nused for punishment or disciplinary purposes.\n","sortOrder":183},{"sectionNumber":"206","sectionType":"section","heading":"Segregation not to affect minimum living conditions","content":"206 Segregation not to affect minimum living conditions\n(1) The segregation of a young detainee under this division is not to affect\nthe standards applying to the young detainee under section 141\n(Detention places—minimum living conditions).\n(2) However, subsection (1) does not prevent the application of the\nstandards in a way that is necessary and reasonable for the purpose of\nthe segregation.\n","sortOrder":184},{"sectionNumber":"207","sectionType":"section","heading":"Notice of segregation directions—safe room and other","content":"207 Notice of segregation directions—safe room and other\n(1) If the director-general gives a segregation direction, the\ndirector-general must prepare a notice—\n(a) stating the direction; and\n(b) explaining why the direction was given; and\n(c) stating when the direction takes effect; and\n(d) stating how long the direction lasts; and\n\n(e) explaining that the direction may be reviewed or revoked—\n(i) for a safe room segregation direction—under section 211\n(Review of safe room segregation directions); or\n(ii) for another segregation direction—under\nsubdivision 6.6.3.4 (Review of certain segregation\ndirections).\n(2) A notice under subsection (1) must be given as soon as practicable\nto—\n(b) if the young detainee is under 18 years old—a parent or someone\nresponsibility, for the young detainee; and\n(c) if the young detainee is 18 years old or older—the young\ndetainee’s nominated person; and\n(d) the public advocate; and\n(e) if the young detainee is an Aboriginal or Torres Strait Islander\nSubdivision 6.6.3.2 Safe room segregation\n","sortOrder":185},{"sectionNumber":"208","sectionType":"section","heading":"Designation of safe rooms","content":"208 Designation of safe rooms\n(1) The director-general may, in writing, declare a part of a detention\nplace to be a safe room.\n(2) The director-general may declare a part of a place under\nsubsection (1) only if satisfied that—\n(a) its design will minimise the harm that a young detainee can do\nto themself while in the room; and\n\n(b) it allows monitoring of, and communication with, the young\ndetainee by the director-general and health practitioners (other\nthan non-treating health practitioners).\n","sortOrder":186},{"sectionNumber":"209","sectionType":"section","heading":"Segregation—safe room","content":"209 Segregation—safe room\nfrom other young detainees by separate confinement in a safe room\nif—\n(a) the director-general believes on reasonable grounds that the\nsegregation is necessary to prevent an imminent risk of the\nyoung detainee harming themself; and\n(b) the director-general has—\n(i) tried less restrictive ways to prevent an imminent risk of\nthe young detainee harming themself but the less restrictive\nways have not been successful; or\n(ii) considered less restrictive ways to prevent an imminent\nrisk of the young detainee harming themself but the less\nrestrictive ways were not appropriate.\n(2) When considering whether to make the direction, the director-general\nmust have regard to the young detainee’s age, sex, maturity, cultural\nidentity physical and mental health and any history of abuse.\n(3) The director-general may give the direction at any time, on the\ndirector-general’s own initiative.\n(4) The director-general must revoke the direction if the director-general\nbelieves on reasonable grounds that the grounds for making the\ndirection no longer exist.\n\n","sortOrder":187},{"sectionNumber":"210","sectionType":"section","heading":"Safe room segregation directions—privacy","content":"210 Safe room segregation directions—privacy\n(1) The confining of a young detainee under a safe room segregation\ndirection, and any force used to compel compliance with the\ndirection, must not be done in the presence or sight of another young\n(2) However, subsection (1) does not apply if the director-general\nthe young detainee or someone else; and\n(b) compliance with subsection (1) would exacerbate the threat.\n","sortOrder":188},{"sectionNumber":"211","sectionType":"section","heading":"Review of safe room segregation directions","content":"211 Review of safe room segregation directions\n(1) The director-general must review a safe room segregation direction—\n(a) after it has been in effect for 2 hours; and\n(b) at the end of every subsequent 2 hour period for which it is in\neffect.\n(2) When reviewing a direction under subsection (1) (b), the\n(a) seek the advice of a health practitioner (other than a non-treating\nhealth practitioner) about the action the director-general should\ntake under subsection (4); and\n(b) have regard to that advice in deciding what action to take.\n(3) The director-general may also review a safe room segregation\ndirection at any other time, on the director-general’s own initiative or\non request by the young detainee.\n\n(4) After reviewing a safe room segregation direction under\nsubsection (1) or (3), the director-general must do 1 of the following:\n(a) confirm the direction;\n(b) make a further safe room segregation direction if the grounds for\nmaking the direction exist;\n(c) revoke the direction under section 209 (4);\n(d) make a direction under section 109 that the young detainee be\ntransferred to a health facility.\n(5) To remove any doubt, the director-general may make more than\n1 further safe room segregation direction after a review.\nSubdivision 6.6.3.3 Other segregation\n","sortOrder":189},{"sectionNumber":"212","sectionType":"section","heading":"Segregation—safety and security","content":"212 Segregation—safety and security\nreasonable grounds that the segregation is necessary or prudent to\n(a) the safety of anyone else at a detention place; or\n(b) security or good order at a detention place.\n(2) When making a direction under this section, the director-general must\nalso have regard, as far as practicable, to any relevant cultural\nconsideration and the likely impact of segregation on the health or\nwellbeing of the young detainee.\n(3) The director-general must revoke the direction if the director-general\nbelieves on reasonable grounds that the protection mentioned in\nsubsection (1) is no longer necessary or prudent.\n\n","sortOrder":190},{"sectionNumber":"213","sectionType":"section","heading":"Segregation—protective custody","content":"213 Segregation—protective custody\nreasonable grounds that the segregation is necessary or prudent to\nprotect the young detainee’s safety.\n(2) The director-general may give the direction at any time, on the\ndirector-general’s own initiative or on request by the young detainee.\n(3) The director-general must revoke the direction if the director-general\nbelieves on reasonable grounds that the protection mentioned in\nsubsection (1) is no longer necessary or prudent.\n","sortOrder":191},{"sectionNumber":"214","sectionType":"section","heading":"Segregation—health etc","content":"214 Segregation—health etc\nreasonable grounds that the segregation is necessary or prudent—\n(a) to assess the young detainee’s physical or mental health; or\n(b) to protect anyone (including the young detainee) from harm\nbecause of the young detainee’s physical or mental health; or\n(c) to prevent the spread of disease.\n(2) The director-general must revoke the direction if the director-general\nbelieves on reasonable grounds that the purpose mentioned in\nsubsection (1) for making the direction is no longer necessary or\nprudent.\n(3) When acting under subsection (1) or (2), the director-general must\nhave regard to any advice by a treating doctor given in relation to the\nsegregation of the young detainee.\n\n","sortOrder":192},{"sectionNumber":"215","sectionType":"section","heading":"Interstate segregated detainees transferred to ACT","content":"215 Interstate segregated detainees transferred to ACT\n(a) an interstate segregation direction applies to a young detainee;\nand\n(b) the young detainee is transferred (however described) into\ncustody at a detention place in the ACT.\n(2) Despite the transfer, the interstate segregation direction—\n(a) continues to apply in relation to the young detainee—\n(i) as if it were a segregation direction under this division; and\n(ii) with any necessary changes, and any change prescribed by\nregulation; and\n(b) subject to this division, ends 3 days after the day the young\ndetainee is taken into custody at the detention place.\ninterstate segregation direction means a direction or order (however\ndescribed) that—\n(a) corresponds substantially to a segregation direction under this\ndivision; and\n(b) is in force under a law of the Commonwealth, a State or another\nTerritory that is declared by regulation to be a corresponding law\nfor this section.\n\nSubdivision 6.6.3.4 Review of certain segregation directions\n","sortOrder":193},{"sectionNumber":"216","sectionType":"section","heading":"Meaning of segregation direction—subdiv 6.6.3.4","content":"216 Meaning of segregation direction—subdiv 6.6.3.4\nIn this subdivision:\nsegregation direction means a direction under any of the following:\n(a) section 212 (Segregation—safety and security);\n(b) section 213 (Segregation—protective custody);\n(c) section 214 (Segregation—health etc).\n","sortOrder":194},{"sectionNumber":"217","sectionType":"section","heading":"Internal review of segregation directions","content":"217 Internal review of segregation directions\n(a) may review a segregation direction (the original segregation\ndirection) at any time, on the director-general’s own initiative\nor on request by the young detainee; and\n(b) must review the direction before any transfer of the young\ndetainee to a correctional centre or elsewhere; and\n(c) must review the direction—\n(i) before the end of 7 days after it has been in force (the initial\nreview); and\n(ii) before the end of 7 days after the day of the initial review;\nand\n(iii) before the end of each subsequent period of 14 days while\nit remains in force; and\n(d) for a health segregation direction—must review the direction on\nrequest by a treating doctor.\n\n(2) After reviewing the original segregation direction, the\ndirector-general may—\n(a) confirm the direction; or\n(b) make a further segregation direction under the same provision\nthat the original segregation direction was made under if the\ngrounds for making the direction exist; or\n(c) revoke the original segregation direction under section 212 (3),\nsection 213 (3) or section 214 (2).\n(3) When acting under subsection (2) in relation to a health segregation\ndirection, the director-general must have regard to any advice by a\ntreating doctor given in relation to the segregation.\n(4) To remove any doubt, the director-general may make more than\n1 further segregation direction after a review.\n","sortOrder":195},{"sectionNumber":"218","sectionType":"section","heading":"End of segregation directions","content":"218 End of segregation directions\nUnless revoked sooner, a segregation direction ends at the end of—\n(a) 28 days after the day it is given; or\n(b) if a further segregation direction has been given after review\nunder section 217—90 days after the day the further segregation\ndirection, or latest further segregation direction, is given.\n","sortOrder":196},{"sectionNumber":"219","sectionType":"section","heading":"Application for review of segregation directions","content":"219 Application for review of segregation directions\n(1) A young detainee may apply to an external reviewer for a review of\na segregation direction under section 220.\n(2) Subject to any decision by the external reviewer under that section,\nthe application does not affect the segregation of the young detainee\nunder the segregation direction under review.\n\n","sortOrder":197},{"sectionNumber":"220","sectionType":"section","heading":"External review of segregation directions","content":"220 External review of segregation directions\n(1) On application under section 219, an external reviewer may—\n(a) review the segregation direction; or\n(b) refuse to review the direction.\n(2) Chapter 9 (Criminal matters—conduct of disciplinary reviews)\napplies, with any necessary changes, in relation to the review as if it\nwere a review under that chapter.\n(3) After completing a review, the external reviewer may—\n(a) confirm the direction under review; or\n(b) give any direction the director-general may give under the\nsection authorising the direction under review, either by—\n(i) amending the direction under review; or\n(ii) setting aside the direction under review and making a\ndirection in substitution for the direction set aside.\n","sortOrder":198},{"sectionNumber":"221","sectionType":"section","heading":"Notice of decision about segregation direction","content":"221 Notice of decision about segregation direction\n(1) This section applies if an external reviewer has made a decision under\nsection 220 in relation to an application by a young detainee to review\na segregation direction.\n(2) The external reviewer must give prompt written notice of the external\nreviewer’s decision to—\n(b) if the young detainee is under 18 years old—a parent or someone\nresponsibility, for the young detainee; and\n(c) if the young detainee is 18 years old or older—the young\ndetainee’s nominated person; and\n(d) the director-general.\n\n(3) If the external reviewer refuses to review the segregation direction,\nthe notice must include the reasons for the refusal.\nNote Under the Administrative Decisions (Judicial Review) Act 1989, a person\napply to the Supreme Court for a review of the decision. Subject to any\norder of the court, the making of the application does not affect the\nSubdivision 6.6.3.5 Register of segregation directions\n","sortOrder":199},{"sectionNumber":"222","sectionType":"section","heading":"Register of segregation directions","content":"222 Register of segregation directions\n(1) The director-general must keep a register containing the following\ndetails in relation to each segregation direction given:\n(a) the name of the young detainee who is subject to the direction;\n(b) the reason for the direction;\n(c) the period for which the direction is in effect;\n(d) details of people notified of the segregation direction under\nsection 207 (Notice of segregation directions—safe room and\nother);\n(e) details of any force used to compel compliance with the\ndirection, and why force was used;\n(f) details of any confirmation of a segregation direction, or of any\nother direction, made under subdivision 6.6.3.4 (Review of\ncertain segregation directions);\n(g) anything else prescribed by regulation.\n(2) The register may contain any other details the director-general\n(3) The register must be available for inspection by any of the following:\n\n(c) an official visitor;\n(d) the custodial inspector;\n(f) the Aboriginal and Torres Strait Islander children and young\n(g) the ombudsman;\n","sortOrder":200},{"sectionNumber":"223","sectionType":"section","heading":"Managing use of force","content":"223 Managing use of force\n(1) The director-general must make arrangements to ensure, as far as\npracticable, that the use of force in relation to the management of\nyoung detainees is always—\n(a) a last resort; and\n(b) in accordance with this division.\nadoption of a methodology or protocol for the graduated use of force\n(2) The director-general must also ensure, as far as practicable, that—\n(a) youth detention officers do not use force in relation to a young\ndetainee without first considering the following:\n(i) the young detainee’s age, sex, physical and mental health\nand any history of abuse;\n(ii) if the proposed force involves any restraint of the young\ndetainee—the physical and developmental capacity of the\n\nUse of force Division 6.6.4\n(b) the use of force in relation to a young detainee is not observed\nby any other young detainee.\n(3) However, a youth detention officer need not comply with\nsubsection (2) if, in urgent circumstances, the officer believes on\nreasonable grounds that doing so would create a risk of injury to the\nofficer, the young detainee or anyone else.\n(4) The director-general must give notice to a treating doctor or a nurse\nif force is used in relation to a young detainee, unless the force is a\nplanned use of restraint when the detainee is—\n(a) outside a detention place; and\n(b) being escorted somewhere else.\nExample—planned use of restraint\nusing handcuffs on a young offender who has been assessed as being at risk of\nattempting to escape while being escorted to a dental appointment\n(5) The director-general must ensure that a young detainee injured by the\nuse of force under this division is examined as soon as practicable by\na treating doctor and that appropriate health care is available to the\n(6) Without limiting subsection (5), the director-general must give a\nyoung detainee the opportunity to be examined by a treating doctor\nor a nurse after any use of force in relation to the young detainee.\n(7) The director-general must make a youth detention policy or operating\nprocedure in relation to the use of force, including provision in\nrelation to the following:\n(a) the circumstances, and by whom, force may be used;\n(b) the kinds of force that may be used;\n\n(c) the use of restraints.\nNote The power to make a youth detention policy or operating procedure\nincludes power to make different provisions in relation to different\nmatters or different classes of matters, and provisions that apply\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n","sortOrder":201},{"sectionNumber":"224","sectionType":"section","heading":"Authority to use force","content":"224 Authority to use force\nA youth detention officer may use force under this division if—\n(a) the officer believes on reasonable grounds that the purpose for\nwhich force may be used cannot be achieved in another way;\nand\n(b) the force is necessary and reasonable for any of the following:\n(i) to compel compliance with a direction given in relation to\na young detainee by the director-general;\n(ii) to prevent or stop the commission of an offence or\n(iii) to prevent unlawful damage, destruction or interference\nwith property;\n(iv) to defend the person or someone else;\n(v) to prevent a young detainee from inflicting self-harm;\n(vi) to prevent a young detainee from escaping.\n","sortOrder":202},{"sectionNumber":"225","sectionType":"section","heading":"Application of force","content":"225 Application of force\n(1) A youth detention officer may use force under this division only if the\nofficer—\n(a) gives a clear warning of the intended use of force; and\n(b) allows enough time for the warning to be observed; and\n\nUse of force Division 6.6.4\n(c) uses no more force than is necessary and reasonable in the\n(d) uses force, as far as practicable, in a way that reduces the risk of\ncausing injury.\n(2) However, the youth detention officer need not comply with\nsubsection (1) (a) or (b) if, in urgent circumstances, the officer\nbelieves on reasonable grounds that doing so would create a risk of\ninjury to the officer, the young detainee or anyone else.\nExample—urgent circumstances\nthe young detainee is assaulting someone or engaging in self-harm\n","sortOrder":203},{"sectionNumber":"226","sectionType":"section","heading":"Use of restraint","content":"226 Use of restraint\n(1) The use of force under this division includes the use of restraint.\n(2) The director-general must ensure, as far as practicable, that the use of\nforce involving a restraint is proportionate to the circumstances, and\nin particular that—\n(a) the circumstances are sufficiently serious to justify the use; and\n(b) the kind of restraint is appropriate in the circumstances; and\n(c) the restraint is used appropriately in the circumstances.\n(3) The director-general must also ensure that restraints are only used\nunder this division—\n(a) by youth detention officers trained to use them; and\n(b) in accordance with a youth detention policy or operating\nprocedure that applies to their use.\n(4) In applying force under this division, a youth detention officer may\nuse a restraint, including any of the following:\n(a) body contact;\n(b) handcuffs, restraint jackets and other restraining devices;\n\n","sortOrder":204},{"sectionNumber":"227","sectionType":"section","heading":"Monthly reports about use of force","content":"227 Monthly reports about use of force\nThe director-general must ensure that, as soon as practicable after the\nend of each month, a youth detention officer gives the\ndirector-general a report summarising the incidents (if any) during the\nmonth that involved the use of force in relation to a young detainee.\n","sortOrder":205},{"sectionNumber":"228","sectionType":"section","heading":"Visiting conditions","content":"228 Visiting conditions\n(1) The director-general may declare conditions that apply in relation to\nvisits to a detention place.\nExamples—conditions declared\n1 the times and duration of visits\n2 the number of visitors allowed\n3 the circumstances in which visitors may be monitored\n(2) A declaration is a disallowable instrument.\n","sortOrder":206},{"sectionNumber":"229","sectionType":"section","heading":"Notice of visiting conditions","content":"229 Notice of visiting conditions\n(1) The director-general must take reasonable steps to bring the visiting\nconditions to the attention of visitors at a detention place.\n(2) Without limiting subsection (1), the director-general must ensure\n(a) a notice is prominently displayed at each entrance to the place\nopen to visitors to the effect that visiting conditions apply at the\n\nAccess to detention places Division 6.6.5\n(b) a copy of the visiting conditions is available for inspection on\nrequest by visitors at the place.\n","sortOrder":207},{"sectionNumber":"230","sectionType":"section","heading":"Taking prohibited things etc into detention place","content":"230 Taking prohibited things etc into detention place\n(a) takes a prohibited thing into a detention place; or\n(b) gives a prohibited thing to a young detainee; or\n(c) removes a prohibited thing from a detention place.\n(2) Subsection (1) does not apply to any action approved by the\ngive includes send.\nprohibited thing includes something the person intends a detainee to\nuse for making a prohibited thing or use otherwise in relation to a\nprohibited thing.\n","sortOrder":208},{"sectionNumber":"231","sectionType":"section","heading":"Directions to visitors","content":"231 Directions to visitors\n(1) The director-general may, orally or in writing, give a direction to a\nvisitor at a detention place to do, or not do, something if the\ndirector-general believes on reasonable grounds that the direction is\nnecessary and reasonable—\n(a) to ensure compliance with the visiting conditions; or\n(b) for security or good order at a detention place.\nNote The director-general may also direct a youth detention officer to search a\nvisitor (see s 274).\n\n(2) A person commits an offence if the person fails to comply with a\ndirection given to the person under this section.\n(3) An offence against this section is a strict liability offence.\n(4) Subsection (2) does not apply if the person takes reasonable steps to\ncomply with the direction.\n","sortOrder":209},{"sectionNumber":"232","sectionType":"section","heading":"Directions to leave detention place etc","content":"232 Directions to leave detention place etc\n(1) The director-general may direct a person at a detention place—\n(a) not to enter the place; or\n(b) if the person is already in the place—to leave the place.\n(2) However, the director-general may give the direction only if—\n(a) the director-general suspects on reasonable grounds that—\n(i) the person is intoxicated; or\n(ii) the person has possession of a prohibited thing; or\n(iii) the direction is necessary and reasonable for security or\ngood order at a detention place; or\n(iv) the direction is necessary and reasonable to safeguard the\nbest interests of a young detainee; or\nExample—par (iv)\nthe person is intentionally causing a detainee distress\n(b) the person contravenes a direction given to the person under—\n(i) section 231 (Directions to visitors); or\n(ii) section 256 (Strip searches on admission—directing\nperson to leave); or\n(iii) section 268 (Body searches—directing people to leave).\n\nMaintenance of family relationships Division 6.6.6\n(3) To remove any doubt, this section applies to a family member or\nsignificant person for a young detainee, even if the person has been\nvisiting the young detainee for less than 1 hour.\n(4) A person commits an offence if the person fails to comply with a\ndirection given to the person under this section.\n(5) An offence against this section is a strict liability offence.\n(6) Subsection (4) does not apply if the person takes reasonable steps to\ncomply with the direction.\n","sortOrder":210},{"sectionNumber":"233","sectionType":"section","heading":"Removing people from detention place","content":"233 Removing people from detention place\ndirection under section 232 if the person given the direction\n","sortOrder":211},{"sectionNumber":"234","sectionType":"section","heading":"Director-general may allow young child to stay with","content":"234 Director-general may allow young child to stay with\nyoung detainee\n(1) This section applies to a young detainee if—\n(a) the young detainee has a child who is under 6 years old and not\nenrolled in school; and\n(b) before being detained, the young detainee was the primary\ncaregiver for the child or was having contact with the child.\n(2) The director-general may, by direction, allow the young detainee to\nhave contact with, or care for, the child in a detention place.\n\n(3) However, the director-general must not give a direction under\nsubsection (2) unless the director-general—\n(a) has carried out a care and protection appraisal of the child; and\n(b) is satisfied that it is in the best interests of the child for the young\ndetainee to have contact with, or care for, the child in the\n(4) The director-general may make a youth detention policy or operating\nprocedure about the arrangements to apply in relation to a young\ndetainee having contact with, or caring for, a child in a detention\n\nAlcohol and drug testing Part 6.7\nGeneral Division 6.7.1\n","sortOrder":212},{"sectionNumber":"Div 6","sectionType":"division","heading":"7.1 General","content":"Division 6.7.1 General\n","sortOrder":213},{"sectionNumber":"235","sectionType":"section","heading":"Definitions—pt 6.7","content":"235 Definitions—pt 6.7\ndrug—\n(a) means—\n(i) a controlled drug under the Criminal Code, section 600; or\n(ii) a substance prescribed by regulation; but\n(b) does not include any of the following:\n(i) a drug lawfully supplied, and taken as prescribed or\ndirected, by a health practitioner;\n(ii) a drug lawfully supplied and self-administered;\n(iii) a drug exempted under section 236 (3).\nnon-treating nurse means a nurse authorised under section 98.\npositive test sample—see section 236.\ntest sample means a sample of breath, saliva, urine, hair, blood, or\nanything else prescribed by regulation.\n","sortOrder":214},{"sectionNumber":"236","sectionType":"section","heading":"Positive test samples","content":"236 Positive test samples\n(1) A person is taken to provide a positive test sample for alcohol or a\ndrug if, when directed under this Act to provide a test sample—\n(a) the person fails to provide a test sample in accordance with the\ndirection; or\n(b) the person provides an invalid test sample; or\n\n(c) for a young detainee—the young detainee provides a test sample\nthat shows that the young detainee has taken alcohol or a drug.\n(2) However, subsection (1) (a) does not apply if the person has a\nreasonable excuse for failing to provide the test sample within a\nreasonable time of the direction being given.\nExamples—reasonable excuse\n1 a medical condition that prevents the person from providing a test sample as\ndirected\n2 prescribed medication that may affect test results\n(3) The director-general may exempt a drug from the application of this\npart.\n(4) An exemption is a notifiable instrument.\ninvalid—a test sample provided by a person is invalid if the person—\n(a) tampers, or attempts to tamper, with the test sample; or\n(b) otherwise changes, or attempts to change, the results of the test\nsample.\n","sortOrder":215},{"sectionNumber":"237","sectionType":"section","heading":"Alcohol and drug testing of young detainees","content":"237 Alcohol and drug testing of young detainees\n(1) The director-general may direct a young detainee to provide a stated\nkind of test sample.\n(2) The director-general, a non-treating doctor or a non-treating nurse\nmay give a young detainee a direction about the way the young\ndetainee must provide the test sample.\n(3) However—\n(a) a direction under this section must be consistent with any\nrequirement of an operating procedure made for this section; and\n\nAlcohol and drug testing Part 6.7\nAlcohol and drug testing—detainees Division 6.7.2\n(b) only a non-treating doctor or a non-treating nurse may take a\nblood sample.\n(4) A non-treating doctor or non-treating nurse who takes a test sample\nfrom a young detainee must give the sample to a youth detention\nofficer.\n(5) The director-general must, as soon as practicable after the\ndirector-general receives the results of any test conducted on the test\nsample, give notice of the results to—\n(b) if the young detainee is under 18 years old—a person who has\ndaily care responsibility or long-term care responsibility for the\n(c) if the young detainee is 18 years old or older—a person\nnominated by the young detainee.\n","sortOrder":216},{"sectionNumber":"238","sectionType":"section","heading":"Effect of positive test sample by young detainee","content":"238 Effect of positive test sample by young detainee\n(a) a young detainee is directed under this Act to provide a test\nsample; and\n(b) the test sample provided by the young detainee is positive.\n(2) The director-general may have regard to the positive test sample in\nmaking any decision in relation to the management of the young\ndetainee under this Act.\nExamples—decisions—s (2)\n1 decisions under s 188 (Case management plans—scope etc) or s 190 (Security\nclassification—basis etc)\n2 decisions under ch 8 (Criminal matters—discipline at detention places)\nNote The taking of alcohol or a drug (in any way) into the body is a behaviour\nbreach (see s 287). The results of the analysis of a substance under this\nAct, signed by an analyst, is evidence of the facts stated in the certificate\n(see s 882).\n\nDivision 6.7.3 Alcohol and drug testing—youth detention officers\nDivision 6.7.3 Alcohol and drug testing—youth\ndetention officers\n239 Alcohol and drug testing of youth detention officers\n(1) A regulation may make provision in relation to alcohol and drug\ntesting of youth detention officers whose duties bring them into\ncontact with detainees.\n(2) In particular, a regulation may make provision in relation to any of\n(a) the circumstances for testing, including when and where tests\nmay be conducted;\n(b) the conduct of the tests.\n\nLocal leave Division 6.8.1\n","sortOrder":217},{"sectionNumber":"240","sectionType":"section","heading":"Local leave directions","content":"240 Local leave directions\n(1) The director-general may, in writing, direct that a young detainee be\ntaken from a detention place to another place in the ACT for any\npurpose the director-general considers appropriate.\na direction that a young detainee be taken to a place to assist the young detainee’s\neducation and training\n(3) A direction is subject to the following conditions:\n(ii) is stated in the direction.\nExample—condition stated in direction\na condition that an escort officer escorts the detainee\n","sortOrder":218},{"sectionNumber":"241","sectionType":"section","heading":"Local leave permits","content":"241 Local leave permits\n(1) If the director-general gives a young detainee a local leave direction\nunder section 240, the director-general must give the young detainee\na written permit (a local leave permit) to be absent from the detention\nplace for the purpose for which the direction was given.\n\n(2) The director-general may give a young detainee a written permit (also\na local leave permit) to be absent from a detention place, and to be in\nanother place in the ACT, for any other purpose the director-general\nExamples—purposes\n1 to attend an education or training program\n2 to attend a health or rehabilitation service\n3 for compassionate reasons\n4 to attend employment or an interview for employment\n(3) In making a decision under subsection (2), the director-general must\n(4) A local leave permit must state the following:\n(a) the purpose for which the leave is granted;\n(b) for a permit to attend an educational or training program—the\nplace where the program is being undertaken, and the period for\nwhich the leave is granted;\n(c) for a permit to attend employment—the place of the\nemployment, and the period for which the leave is granted;\n(d) for a permit (other than a permit mentioned in paragraph (b) or\n(c))—the period, not longer than 7 days, for which the leave is\ngranted;\n(e) any conditions to which the leave is subject.\n(5) A local leave permit is subject to the following conditions:\n\nInterstate leave Division 6.8.2\n(ii) is stated in the permit.\nExample—condition stated in leave permit\na condition prohibiting association with a particular person or being\nnear a particular place\n(6) A local leave permit authorises the young detainee to be absent from\nthe detention place in accordance with the permit—\n(a) unescorted; or\n(b) if the permit is subject to a condition that an escort officer escort\nthe young detainee—while under escort in accordance with the\ncondition.\n","sortOrder":219},{"sectionNumber":"242","sectionType":"section","heading":"Interstate leave permits","content":"242 Interstate leave permits\n(1) The director-general may, by written notice (an interstate leave\npermit) given to a young detainee, give the young detainee leave to\ntravel to and from, and remain in, another State.\n(3) An interstate leave permit must include the following details:\n(a) the State to which the permit applies;\n(b) the purpose for which the leave is granted;\n(c) for a permit to attend an educational or training program—the\nplace where the program is being undertaken, and the period for\nwhich the leave is granted;\n(d) for a permit to attend employment—the place of the\nemployment, and the period for which the leave is granted;\n\n(e) for a permit (other than a permit mentioned in paragraph (c)\nor (d))—the period, not longer than 7 days, for which the leave\nis granted.\n(4) For subsection (3) (e), the director-general may, before the permit\nends (a current permit), decide to extend the current permit for an\nadditional period (an extension period) if—\n(a) the date the extension period ends is within 7 days after the day\nthe current permit ends; and\n(b) the director-general is satisfied that—\n(i) an extension of the current permit is for a purpose for\nwhich an interstate leave permit may be granted under this\nsection; and\n(ii) appropriate measures are in place to allow the detainee to\nremain at a particular place in the State to which the permit\napplies.\n(5) The director-general may make a decision under subsection (4) more\nthan once.\nNote Pt 5.2 (Interstate transfers) deals with the transfer of a young offender\nfrom or to the ACT, or through the ACT from a State to another State.\n(6) If the director-general delegates the function mentioned in\nsubsection (4), a delegate who extends a permit that has previously\nbeen extended at least 3 times must tell the director-general about the\ndelegate’s decision.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(7) An interstate leave permit may be issued—\n(a) for a young detainee with a high security classification—only if\nthe leave is to enable the young detainee to receive a health\nservice or for a compassionate reason; or\n\nInterstate leave Division 6.8.2\n(b) in any other case—for any purpose the director-general believes\non reasonable grounds is appropriate.\n(8) An interstate leave permit is subject to the following conditions:\n(ii) is stated in the permit.\nExamples—conditions stated in interstate leave permits\n1 a condition that an escort officer stated in the permit escort the young\n2 a condition prohibiting association with a particular person or being near\na particular place\n","sortOrder":220},{"sectionNumber":"243","sectionType":"section","heading":"Effect of interstate leave permit","content":"243 Effect of interstate leave permit\n(1) An interstate leave permit for a young detainee authorises the young\ndetainee to be absent from a detention place in accordance with the\npermit—\n(a) unescorted; or\n(b) if the permit is subject to a condition that an escort officer must\nescort the young detainee—while under escort by the escort\nofficer.\n(2) If an interstate leave permit is subject to a condition that the young\ndetainee be escorted by an escort officer, the permit authorises the\nescort officer to escort the young detainee in accordance with the\npermit—\n(a) to and within the State stated in the permit (whether or not\nthrough any other jurisdiction); and\n(b) back to the detention place.\n\n","sortOrder":221},{"sectionNumber":"244","sectionType":"section","heading":"Powers of escort officers","content":"244 Powers of escort officers\n(1) An escort officer escorting a young detainee under an interstate leave\npermit may, to keep custody of the young detainee under the permit\nor to arrest the young detainee if the young detainee has escaped—\n(a) give the young detainee any direction that the officer believes\non reasonable grounds is necessary and reasonable; and\n(b) use force in accordance with division 6.6.4 (Use of force).\n(2) An escort officer escorting a young detainee under an interstate leave\npermit may conduct a scanning search, frisk search or ordinary search\nof the young detainee if the officer suspects on reasonable grounds\nthat the young detainee may be carrying a prohibited thing.\n(3) The following provisions apply, with any necessary changes and any\nchanges prescribed by regulation, in relation to a search under this\nsection:\n(a) part 7.2 (Searches generally);\n(b) part 7.3 (Scanning, frisk and ordinary searches);\n(c) part 7.9 (Seizing property).\n","sortOrder":222},{"sectionNumber":"245","sectionType":"section","heading":"Lawful temporary absence from detention place","content":"245 Lawful temporary absence from detention place\n(1) This section applies to a young detainee who is absent from a\ndetention place under any of the following:\n(a) a direction by the director-general, including a direction under\nsection 109 (Transfers to health facilities) or section 111\n(Transfers to correctional centres—under 21 years old);\n(b) a local leave permit under section 241;\n\nLeave—miscellaneous Division 6.8.3\n(c) an interstate leave permit under section 242;\n(d) any other authority (however described) prescribed by\nregulation.\n(2) To remove any doubt, the young detainee is—\n(a) taken to be in the director-general’s custody; and\n(b) if under escort by an escort officer—also taken to be in the escort\nofficer’s custody.\n(3) However—\n(a) if a young detainee is transferred to a correctional centre under\na direction under section 111 (Transfers to correctional\ncentres—under 21 years old)—the young detainee is taken to be\nin the director-general’s custody only until the young detainee\nis admitted to the correctional centre; and\nNote See s 111 (6).\n(b) if a young detainee is transferred to a secure mental health\nfacility under a direction under section 109 (Transfers to health\nfacilities)—the young detainee is taken to be in the director-\ngeneral’s custody only—\n(i) until the young detainee is admitted to the facility; and\n(ii) if the young detainee is transferred from a secure mental\nhealth facility under the Mental Health Act 2015,\nsection 144B (Taking person to appear before court)—\nfrom when the young detainee is transferred until when the\nyoung detainee is returned; and\n(iii) if the young detainee is returned to a detention place—\nwhen the young detainee is discharged from the facility.\nNote See the Mental Health Act 2015, s 144A (Transfer of custody if\nperson admitted to secure mental health facility) for custody while\nat a secure mental health facility and s 144B (Taking person to\nappear before court) for custody when attending court.\n\nadmitted to a secure mental health facility includes transferred to the\nfacility.\nA person is transferred to a secure mental health facility at Canberra Hospital from\nanother unit at the hospital.\n\nPreliminary—ch 7 Part 7.1\n","sortOrder":223},{"sectionNumber":"Part 7","sectionType":"part","heading":"Criminal matters—search and","content":"Chapter 7 Criminal matters—search and\nseizure at detention places\n","sortOrder":224},{"sectionNumber":"246","sectionType":"section","heading":"Definitions—ch 7","content":"246 Definitions—ch 7\nbody search, of a young detainee, means a search of the young\ndetainee’s body, including an examination of an orifice or cavity of\nthe young detainee’s body.\nfrisk search, of a young detainee, means—\n(a) a search of the young detainee conducted by quickly running the\nhands over the young detainee’s outer clothing; and\n(b) an examination of anything worn or carried by the young\ndetainee that is conveniently and voluntarily removed by the\nnon-treating doctor means a doctor authorised under section 98\n(Health practitioners—non-treating functions).\nnon-treating nurse means a nurse authorised under section 98.\nordinary search, of a young detainee, means a search of the young\ndetainee or of anything in the young detainee’s possession, and may\ninclude—\n(a) requiring the young detainee to remove only the young\ndetainee’s overcoat, coat, jacket or a similar article of clothing\nand any footwear, gloves, or headwear; and\n(b) an examination of anything removed.\n\nprivileged—material is privileged if––\n(a) client legal privilege attaches to it; or\n(b) it includes a protected confidence under the Evidence\n(Miscellaneous Provisions) Act 1991, division 4.4.3 (Sexual and\nfamily violence offence proceedings—protection of counselling\ncommunications).\nprohibited thing means a thing declared to be a prohibited thing under\nsection 148.\nscanning search, of a young detainee, means a search of the young\ndetainee by electronic or other means that does not require the young\ndetainee to remove the young detainee’s clothing or be touched by\nsomeone else.\nExamples—scanning searches\n1 passing a portable electronic or other device over or close to a young detainee\n2 requiring a young detainee to pass by or through an electronic or other device\nstrip search, of a young detainee, means a search of the young\ndetainee, or of anything in the young detainee’s possession, under\nsection 254 (Strip searches on admission to detention place) or\nsection 258 (Strip searches directed by director-general) and may\ninclude—\n(a) requiring the young detainee to remove all of the young\ndetainee’s clothing; and\n(b) an examination of—\n(i) the young detainee’s body (but not the young detainee’s\nbody orifices or cavities); and\n(ii) the young detainee’s clothing.\n\nPreliminary—ch 7 Part 7.1\n","sortOrder":225},{"sectionNumber":"247","sectionType":"section","heading":"Relationship with other laws","content":"247 Relationship with other laws\nTo remove any doubt, this chapter is additional to, and does not limit,\nany other provision about searches of young detainees under another\nterritory law, or a law of the Commonwealth, a State or another\nTerritory.\n\n","sortOrder":226},{"sectionNumber":"248","sectionType":"section","heading":"Searches—intrusiveness","content":"248 Searches—intrusiveness\nA person conducting a search of a young detainee under this chapter\nmust ensure, as far as practicable, that the search—\n(a) is the least intrusive kind of search that is necessary and\nreasonable in the circumstances; and\n(b) is conducted in the least intrusive way that is necessary and\nreasonable in the circumstances.\nsearching for a prohibited thing by a scanning search rather than a frisk search\n","sortOrder":227},{"sectionNumber":"249","sectionType":"section","heading":"Searches—use of search dog","content":"249 Searches—use of search dog\n(1) The director-general may direct a youth detention officer to use a\nsearch dog to assist a youth detention officer in conducting a search\nunder this chapter.\n(2) The director-general may give the direction only if the\ndirector-general believes on reasonable grounds that the assistance of\nthe dog would minimise the intrusiveness of the search by the youth\ndetention officer.\n(3) The youth detention officer and search dog may enter, and remain at\nany place, to assist in the conduct of a search under this chapter.\n(4) An operating procedure may make provision in relation to the use of\nsearch dogs under this chapter.\nExamples—provision made by operating procedure\n1 the training and approval of search dogs for use by youth detention officers\n2 approvals for youth detention officers to use search dogs\n\nSearches generally Part 7.2\n","sortOrder":228},{"sectionNumber":"250","sectionType":"section","heading":"Searches—transgender and intersex young detainees","content":"250 Searches—transgender and intersex young detainees\n(1) This section applies if a transgender or intersex young detainee is to\nbe searched under this chapter.\n(2) For a young detainee who fails to make a choice under\nsection 189 (2) (a) (Transgender and intersex young detainees—\nsexual identity)—\n(a) if the young detainee requires that a male conduct the search, the\nyoung detainee is taken, for this chapter, to be male; and\n(b) if the young detainee requires that a female conduct the search,\nthe young detainee is taken, for this chapter, to be female.\nNote 1 For the criminal matters chapters, the sex of a young detainee is taken to\nbe the young detainee’s sex entered in the register under s 189 (7)\n(Transgender and intersex young detainees—sexual identity).\nNote 2 For the meaning of transgender person and intersex person, see the\nLegislation Act, s 169A and s 169B.\n","sortOrder":229},{"sectionNumber":"251","sectionType":"section","heading":"Notice of strip and body searches—person responsible","content":"251 Notice of strip and body searches—person responsible\nfor or nominated by young detainee\n(1) If a strip search or body search is to be conducted on a young detainee\nwho is younger than 18 years old, the director-general must ensure,\nas far as practicable, that a person who has daily care responsibility,\nor long-term care responsibility for the young detainee (other than the\ndirector-general) is told about the search—\n(a) before the search is conducted; or\n(b) if it is impracticable to tell the person before the search—as soon\nas practicable after the search.\nNote 1 In some circumstances the director-general is a person with daily care\nresponsibility, or long-term care responsibilities, for a young detainee\n(see div 1.3.2).\nNote 2 A proposed strip or body search need not be conducted in the presence of\nthe person notified (see s 254, s 256 and s 266).\n\n(2) If a strip search or body search is to be conducted on a young detainee\nwho is 18 years old or older, the director-general must ensure, as far\nas practicable, that the young detainee’s nominated person is told\nabout the search—\n(a) before the search is conducted; or\n(b) if it is impracticable to tell the person before the search—as soon\nas practicable after the search.\n\nScanning, frisk and ordinary searches Part 7.3\nPart 7.3 Scanning, frisk and ordinary\nsearches\n","sortOrder":230},{"sectionNumber":"252","sectionType":"section","heading":"Directions for scanning, frisk and ordinary searches","content":"252 Directions for scanning, frisk and ordinary searches\n(1) The director-general may, at any time, direct a youth detention officer\nto conduct a scanning search, frisk search or ordinary search of a\nyoung detainee if the director-general believes on reasonable grounds\nthat the search is prudent to ensure security or good order at a\n(2) Also, a youth detention officer may conduct a scanning search, frisk\nsearch or ordinary search of a young detainee if the officer suspects\non reasonable grounds that the young detainee is carrying—\n(a) a prohibited thing; or\n(b) something that may be used by the young detainee in a way that\nmay involve—\n(i) an offence; or\n(ii) a risk to the personal safety of the young detainee or\nsomeone else; or\n(iii) a risk to security or good order at a detention place.\n","sortOrder":231},{"sectionNumber":"253","sectionType":"section","heading":"Requirements for scanning, frisk and ordinary searches","content":"253 Requirements for scanning, frisk and ordinary searches\n(1) The youth detention officer who conducts a scanning search, frisk\nsearch or ordinary search of a young detainee must—\n(a) tell the young detainee about the search and the reasons for the\nsearch and ask for the young detainee’s cooperation; and\n(b) for a frisk search or ordinary search—conduct the search in a\nprivate area or an area that provides reasonable privacy for the\n\nPart 7.3 Scanning, frisk and ordinary searches\n(c) if clothing is seized because of the search—ensure the young\ndetainee is left with, or given, reasonably appropriate clothing\nto wear.\n(2) A frisk search or ordinary search of a young detainee must not be\nconducted in the presence or sight of—\n(a) another young detainee; or\n(b) someone else whose presence is not necessary for the search.\n(3) A frisk search of a young detainee must be conducted by a youth\ndetention officer of the same sex as the young detainee.\n(4) Subsection (3) does not apply if the director-general believes on\nthe young detainee or someone else; and\n(b) compliance with subsection (3) would exacerbate the threat.\n\n","sortOrder":232},{"sectionNumber":"254","sectionType":"section","heading":"Strip searches on admission to detention place","content":"254 Strip searches on admission to detention place\n(1) The director-general may direct a youth detention officer to strip\nsearch a young detainee if the director-general believes on reasonable\ngrounds that the strip search is necessary for an initial assessment\nunder section 160 (Initial assessment).\n(2) The strip search must be conducted in the presence of a person with\ndaily care responsibility, or long-term care responsibility, for the\nyoung detainee if—\n(a) the young detainee is under 18 years old; and\n(b) the director-general believes on reasonable grounds that it is\nnecessary, and in the best interests of the young detainee, for the\nperson to be present; and\n(c) the young detainee agrees to the person being present.\n(3) The director-general may arrange for the search to be conducted in\nthe presence of a support person for the young detainee if—\n(a) the young detainee is 18 years old or older; and\n(b) the director-general considers the presence of a support person\nnecessary or desirable because of the young detainee’s\nvulnerability; and\n(c) the young detainee agrees to the person being present.\n(4) In making a decision under subsection (1) or (2), the director-general\nmust have regard to the young detainee’s age, maturity,\ndevelopmental capacity and any known history.\n\n","sortOrder":233},{"sectionNumber":"255","sectionType":"section","heading":"Strip searches of young detainees under 18 years old—","content":"255 Strip searches of young detainees under 18 years old—\nno-one with parental responsibility available\n(1) This section applies to a strip search to which section 254 (2) applies\nif—\nresponsibility, for the young detainee cannot be contacted before\nthe search is conducted; or\nNote For a requirement to contact a person with parental responsibility,\nsee s 251.\n(b) no-one who has daily care responsibility, or long-term care\nresponsibility, for the young detainee is available to be present\nat the search; or\n(c) the young detainee does not agree to a person who has daily care\ndetainee being present at the search.\n(2) The director-general must ensure that the strip search is conducted in\nthe presence of someone (a support person) who—\n(a) the director-general believes on reasonable grounds can support\nand represent the interests of the young detainee; and\n(b) the young detainee agrees should be present at the search.\nNote In some circumstances the director-general is a person who has daily care\nresponsibility, or long-term care responsibility, for a young detainee (see\ndiv 1.3.2).\n(3) However, the strip search may continue in the absence of a support\n(a) the young detainee does not agree to a support person being\npresent; or\n(b) the director-general directs the support person to leave under\nsection 256 (2).\n\n","sortOrder":234},{"sectionNumber":"256","sectionType":"section","heading":"Strip searches on admission—directing person to leave","content":"256 Strip searches on admission—directing person to leave\n(1) This section applies if a strip search of a young detainee under\nsection 254 (Strip searches on admission to detention place) is being\nconducted in the presence of—\nresponsibility, for the young detainee; or\n(b) a support person under section 254 (3) or section 255 (2).\n(2) The director-general may direct the person to leave if the\ndirector-general believes on reasonable grounds that the person is\npreventing or hindering the conduct of the search.\n","sortOrder":235},{"sectionNumber":"257","sectionType":"section","heading":"Removing people from search area","content":"257 Removing people from search area\ndirection under section 256 (2) if the person given the direction\n","sortOrder":236},{"sectionNumber":"258","sectionType":"section","heading":"Strip searches directed by director-general","content":"258 Strip searches directed by director-general\n(1) The director-general may direct a youth detention officer to strip\nsearch a young detainee only if—\n(a) the director-general suspects on reasonable grounds that the\nyoung detainee has something concealed on the young detainee\n(i) is a prohibited thing; or\n(ii) may be used by the young detainee in a way that may\ninvolve an offence, a behaviour breach, a risk to the\npersonal safety of the young detainee or someone else, or\na risk to the security at a detention place; and\n\n(b) a scanning search, frisk search or ordinary search of the young\ndetainee has failed to detect the thing.\n(2) To remove any doubt, the strip search need not be conducted in the\npresence of a person who has daily care responsibility, or long-term\ncare responsibility, for the young detainee.\n(3) This section does not apply to a strip search under section 254 (Strip\nsearches on admission to detention place).\n","sortOrder":237},{"sectionNumber":"259","sectionType":"section","heading":"Obligations on youth detention officers before strip","content":"259 Obligations on youth detention officers before strip\nsearches\n(1) This section applies if a youth detention officer proposes to strip\nsearch a young detainee.\n(2) The youth detention officer must tell the young detainee—\n(a) whether the young detainee will be required to remove clothing\nduring the search; and\n(b) if the young detainee will be required to remove clothing, why\nthe removal is necessary.\n(3) If the young detainee asks why the search is being conducted in a\nparticular way, the youth detention officer must tell the young\ndetainee the reasons.\n(4) The youth detention officer must ask for the young detainee’s\ncooperation for the search.\n\n","sortOrder":238},{"sectionNumber":"260","sectionType":"section","heading":"Youth detention officers at strip searches","content":"260 Youth detention officers at strip searches\n(1) A strip search of a young detainee must be conducted—\n(a) by a youth detention officer of the same sex as the young\ndetainee; and\n(b) in the presence of 1 or more other youth detention officers, each\nof whom must be the same sex as the young detainee.\n(2) However, the number of youth detention officers present during the\nsearch must be no more than is necessary and reasonable to ensure\nthe search is carried out as safely and effectively as possible.\n(3) The youth detention officer conducting the search may direct another\nyouth detention officer mentioned in subsection (1) (b) to provide\nassistance that the conducting officer believes on reasonable grounds\nis necessary and reasonable for the search.\n(4) The requirement in subsection (1) (b) that a youth detention officer\nbe the same sex as the young detainee does not apply if the\n(b) compliance with the requirement would exacerbate the threat.\n","sortOrder":239},{"sectionNumber":"261","sectionType":"section","heading":"Strip searches—general rules","content":"261 Strip searches—general rules\n(1) The youth detention officer conducting a strip search of a young\ndetainee must conduct the strip search—\n(a) in a way that—\n(i) provides reasonable privacy for the young detainee; and\n(ii) is appropriate, having regard as far as practicable, to the\nyoung detainee’s sexuality and any known impairment,\ncondition or history; and\n(b) as quickly as practicable.\n\n(2) The strip search must be conducted in a private area or an area that\nprovides reasonable privacy for the young detainee.\n(3) The strip search must not be conducted—\n(a) in the presence of someone of the opposite sex to the young\ndetainee, other than—\n(i) a person present under section 254 (2) or (3) (Strip searches\non admission to detention place) or section 255 (Strip\nsearches of young detainees under 18 years old—no-one\nwith parental responsibility available); or\n(ii) another youth detention officer present under\nsection 260 (4); or\n(b) in the presence or sight of someone else whose presence is not\nnecessary for the search or for the safety of anyone present.\n(4) Subject to part 7.8 (Searches––use of force), the strip search must not\ninvolve any touching of the young detainee’s body by a youth\ndetention officer.\n","sortOrder":240},{"sectionNumber":"262","sectionType":"section","heading":"Strip searches—rules about visual inspection of young","content":"262 Strip searches—rules about visual inspection of young\ndetainee’s body\n(1) A youth detention officer conducting a strip search of a young\ndetainee must not visually inspect the genital area of the young\ndetainee and, for a female young detainee, the young detainee’s\nbreasts, unless the officer suspects on reasonable grounds that it is\nnecessary to do so for the search.\n(2) A strip search of a young detainee must not involve more visual\ninspection of the young detainee’s body than is necessary and\nreasonable for the search.\n(3) Without limiting subsection (2), during the strip search of the young\ndetainee, any visual inspection of the young detainee’s genital area,\nanal area, buttocks and, for a female young detainee, breasts must be\nkept to a minimum.\n\n","sortOrder":241},{"sectionNumber":"263","sectionType":"section","heading":"Strip searches—rules about young detainees’ clothing","content":"263 Strip searches—rules about young detainees’ clothing\n(1) A strip search of a young detainee must not involve—\n(a) the removal from the young detainee of more clothes than is\nnecessary and reasonable for the search; or\n(b) the removal from the young detainee of more clothes at any time\nthan is necessary and reasonable for the search; or\n(c) without limiting paragraph (b), both the upper and lower parts\nof the young detainee’s body being uncovered at the same time.\n(2) A young detainee who has been strip-searched must be allowed to\ndress in private as soon as the search is finished.\n(3) If clothing from a young detainee is seized during a strip search, the\nyouth detention officer conducting the search must ensure that the\nyoung detainee is left with, or given, reasonably appropriate clothing\nto wear.\n\nPart 7.5 Body searches—young\n","sortOrder":242},{"sectionNumber":"264","sectionType":"section","heading":"Body searches directed by director-general","content":"264 Body searches directed by director-general\n(1) The director-general may direct a non-treating doctor to conduct a\nbody search of a young detainee if the director-general suspects on\nreasonable grounds that the young detainee—\n(a) has ingested or inserted something in the young detainee’s body\nthat may jeopardise the young detainee’s health or wellbeing; or\n(b) has a prohibited thing concealed within the young detainee’s\nbody that may be used in a way that may pose a substantial risk\nto security at a detention place.\nhave regard to the young detainee’s age, maturity, developmental\ncapacity and any known history.\n","sortOrder":243},{"sectionNumber":"265","sectionType":"section","heading":"Obligations of director-general before body searches","content":"265 Obligations of director-general before body searches\n(1) This section applies if the director-general proposes to direct a body\nsearch of a young detainee under section 264.\n(2) The director-general must tell the young detainee—\n(a) whether the young detainee will be required to remove clothing\nduring the search; and\n(b) if the young detainee will be required to remove clothing, why\nthe removal is necessary.\n(3) If the young detainee asks why the search is to be conducted in a\nparticular way, the director-general must tell the young detainee the\nreasons.\n(4) The director-general must ask for the young detainee’s cooperation\nfor the search.\n\n(5) The director-general must ensure that a body search is conducted—\n(a) in a private area or an area that provides reasonable privacy for\n(b) in a way that provides reasonable privacy.\n","sortOrder":244},{"sectionNumber":"266","sectionType":"section","heading":"People present at body searches","content":"266 People present at body searches\n(1) A non-treating nurse must be present during the body search of a\n(2) If the non-treating doctor conducting the body search is not the same\nsex as the young detainee, the non-treating nurse present must be the\nsame sex as the young detainee.\nNote If the doctor is not the same sex as the young detainee, the doctor cannot\ntouch the young detainee or examine the young detainee’s body orifices\n(see s 272).\n(3) The director-general may direct 1 or more youth detention officers to\nbe present during the search, each of whom must be the same sex as\nthe young detainee.\n(4) However, the number of youth detention officers present during the\nsearch must be no more than is necessary and reasonable to ensure\nthe search is conducted as safely and effectively as possible.\n(5) The requirement in subsection (3) that a youth detention officer be\nthe same sex as the young detainee does not apply if the\n(b) compliance with the requirement would exacerbate the threat.\n\n(6) If the young detainee is under 18 years old, the search must be\nconducted in the presence of a person who has daily care\ndetainee if—\n(a) the director-general believes that it is necessary, and in the best\ninterests of the young detainee, for the person to be present; and\n(b) the young detainee agrees to the person being present.\n(7) In making a decision under subsection (6), the director-general must\nhave regard to the young detainee’s age, maturity, developmental\ncapacity and any known history.\n(8) If the young detainee is 18 years old or older, the director-general\nmay arrange for the search to be conducted in the presence of a\nsupport person for the young detainee if—\n(a) the director-general considers the presence of a support person\nnecessary or desirable because of the young detainee’s\nvulnerability; and\n(b) the young detainee agrees to the person being present.\n","sortOrder":245},{"sectionNumber":"267","sectionType":"section","heading":"Body searches of young detainees under 18 years old—","content":"267 Body searches of young detainees under 18 years old—\nno-one with parental responsibility available\n(1) This section applies in relation to a body search of a young detainee\nwho is under 18 years old if—\nresponsibility, for the young detainee cannot be contacted before\nthe search is conducted; or\nNote For a requirement to contact a person with parental responsibility,\nsee s 251.\n(b) no-one who has daily care responsibility, or long-term care\nresponsibility, for the young detainee is available to be present\nat the search; or\n\n(c) the young detainee does not agree to a person who has daily care\ndetainee being present at the search.\n(2) The director-general must ensure that the body search is conducted in\nthe presence of someone (a support person) who—\n(a) the director-general believes on reasonable grounds can support\nand represent the interests of the young detainee; and\n(b) the young detainee agrees should be present at the search.\nNote In some circumstances the director-general is a person who has daily care\nresponsibility, or long-term care responsibility, for a young detainee (see\ndiv 1.3.2).\n(3) However, the body search may continue in the absence of a support\n(a) the young detainee does not agree to a support person being\npresent; or\n(b) the director-general directs the support person to leave under\nsection 268 (2).\n","sortOrder":246},{"sectionNumber":"268","sectionType":"section","heading":"Body searches—directing people to leave","content":"268 Body searches—directing people to leave\n(1) This section applies if a body search of a young detainee is being\nconducted in the presence of—\nresponsibility, for the young detainee; or\n(b) a support person under section 266 (8) or section 267.\n(2) The director-general may direct the person to leave if the\ndirector-general believes on reasonable grounds that the person is\npreventing or hindering the conduct of the search.\n\n","sortOrder":247},{"sectionNumber":"269","sectionType":"section","heading":"Removing people from search area","content":"269 Removing people from search area\ndirection under section 268 (2) if the person given the direction\n","sortOrder":248},{"sectionNumber":"270","sectionType":"section","heading":"Help for body searches","content":"270 Help for body searches\n(1) This section applies if the non-treating doctor conducting a body\nsearch of a young detainee asks the director-general for assistance\nthat the doctor believes on reasonable grounds is necessary and\nreasonable for the search.\n(2) The director-general may direct a youth detention officer, or authorise\nsomeone else present at the search (the assistant), to assist in the\nconduct of the search.\n(3) The assistant must be the same sex as the young detainee.\n(4) However, subsection (3) does not apply if the director-general\n(b) compliance with subsection (3) would exacerbate the threat.\n\n","sortOrder":249},{"sectionNumber":"271","sectionType":"section","heading":"Body searches—rules about young detainees’ clothing","content":"271 Body searches—rules about young detainees’ clothing\n(1) A body search of a young detainee must not involve—\n(a) the removal from the young detainee of more clothes than is\nnecessary and reasonable for the search; or\n(b) the removal from the young detainee of more clothes at any time\nthan is necessary and reasonable for the search; or\n(c) without limiting paragraph (b), both the upper and lower parts\nof the young detainee’s body being uncovered at the same time.\n(2) A young detainee who has been body-searched must be allowed to\ndress in private as soon as the search is finished.\n(3) If clothing from a young detainee is seized during a body search, the\ndirector-general must ensure that the young detainee is left with, or\ngiven, appropriate clothing to wear.\n","sortOrder":250},{"sectionNumber":"272","sectionType":"section","heading":"Body searches—rules about touching young detainees","content":"272 Body searches—rules about touching young detainees\nFor the body search of a young detainee, the non-treating doctor or\nnon-treating nurse may touch the young detainee and examine the\nyoung detainee’s orifices, but only if the doctor or nurse is of the same\nsex as the young detainee.\n","sortOrder":251},{"sectionNumber":"273","sectionType":"section","heading":"Seizing things discovered during body searches","content":"273 Seizing things discovered during body searches\n(1) A non-treating doctor conducting a body search of a young detainee\nmay seize anything mentioned in section 264 (Body searches directed\nby director-general) that is discovered during the search if seizing the\nthing would not be likely to cause injury to the young detainee or\nsomeone else.\n(2) The doctor must give the thing seized to a youth detention officer as\nsoon as practicable.\n\nPart 7.6 Searching people other than detainees\nPart 7.6 Searching people other than\n274 Searches of people other than detainees\n(1) The director-general may direct a youth detention officer to conduct\na scanning search, frisk search or ordinary search of a person at a\ndetention place who is not a young detainee if the director-general—\n(a) believes on reasonable grounds that the search is prudent to\n(i) the safety of anyone; or\n(ii) security or good order at the place; or\n(b) suspects on reasonable grounds that the person is carrying—\n(i) a prohibited thing; or\n(ii) anything else that creates, or is likely to create, a risk to—\n(A) the personal safety of anyone else; or\n(B) security or good order at the place.\n(2) The youth detention officer who conducts a frisk search or ordinary\nsearch of a person mentioned in subsection (1) must—\n(a) tell the person about the search and the reasons for the search\nand ask for the person’s cooperation; and\n(b) conduct the search in a private area or an area that provides\nreasonable privacy for the person.\n\nSearching people other than detainees Part 7.6\n(3) The youth detention officer may conduct a frisk search of the person\nonly if—\n(a) the person is of the same sex as the officer; or\n(b) if that is not the case—another person of the same sex as the\nperson to be searched is present while the search is being\nconducted.\n(4) The other person mentioned in subsection (3) (b) must not be a young\n(5) Part 7.8 (Searches—use of force) does not apply to a search under\nthis section.\n\nPart 7.7 Searches of premises and property\nPart 7.7 Searches of premises and\nproperty\n275 Searches—premises and property generally\n(1) The director-general may, at any time, direct a youth detention officer\nto search—\n(a) any part of a detention place; or\n(b) anything at a detention place, including anything in the custody\nor possession of anyone at a detention place; or\n(c) any vehicle used for transporting a young detainee.\nExamples—searches\na search of any of the following for a prohibited thing:\n(a) any area or building or part of a building (including a cell) at a detention place;\n(b) any storage area, including an area used by young detainees or authorised\npeople, at a detention place;\n(c) any vehicle, machinery or equipment at a detention place\n(2) However, this section does not authorise a search of—\n(a) anyone at a detention place; or\n(b) any clothing being worn at the time of the search by someone at\na detention place.\nsearch includes search—\n(a) with a device using electronic or other technology; and\n(b) by physical means; and\n(c) with the assistance of a search dog.\n\nSearches of premises and property Part 7.7\n","sortOrder":252},{"sectionNumber":"276","sectionType":"section","heading":"Searches of young detainee cells—privileged material","content":"276 Searches of young detainee cells—privileged material\n(1) This section applies if a young detainee has privileged material at a\n(2) A youth detention officer may search the young detainee’s cell under\nsection 275 in the absence of the young detainee if—\n(a) the young detainee removes the privileged material from the\ncell; or\n(b) the privileged material is stored in accordance with\narrangements under subsection (3).\n(3) The director-general may make arrangements for the secure storage\nat a detention place of privileged material for young detainees.\n","sortOrder":253},{"sectionNumber":"277","sectionType":"section","heading":"Searches of young detainee cells—suspected privileged","content":"277 Searches of young detainee cells—suspected privileged\nmaterial\n(1) If a youth detention officer suspects on reasonable grounds that a\nyoung detainee’s cell contains privileged material, the youth\ndetention officer may search the cell only if the young detainee is\npresent.\n(2) A search under subsection (1) may include an examination of any\nprivileged material, and anything containing the material, found in\nthe cell.\n(3) However, the youth detention officer must not read any privileged\nmaterial found in the cell.\n(4) The youth detention officer need not comply with subsection (1)\nor (3) if the youth detention officer believes on reasonable grounds\nthat urgent circumstances exist and that compliance with the\nsubsection would create a risk of injury to the youth detention officer,\nthe young detainee or someone else.\n\n","sortOrder":254},{"sectionNumber":"278","sectionType":"section","heading":"Searches—use of force","content":"278 Searches—use of force\n(1) A youth detention officer may use force that is necessary and\nreasonable—\n(a) to conduct a search under this chapter; or\n(b) to assist at a body search under section 270 (Help for body\nsearches); or\n(c) to prevent the loss, destruction or contamination of anything\nseized, or that may be seized, during the search.\n(2) However, the youth detention officer may use force only in\naccordance with division 6.6.4 (Use of force).\n\n","sortOrder":255},{"sectionNumber":"279","sectionType":"section","heading":"Meaning of owner—pt 7.9","content":"279 Meaning of owner—pt 7.9\nowner, of a thing, includes a person entitled to possession of the thing.\n","sortOrder":256},{"sectionNumber":"280","sectionType":"section","heading":"Seizing mail etc","content":"280 Seizing mail etc\n(1) The director-general may seize anything in a young detainee’s\nprotected mail if the director-general believes on reasonable grounds\nthat the thing—\n(a) may physically harm the addressee or anyone else; or\n(b) is a prohibited thing.\n(2) The director-general may seize other mail of a young detainee, or\nanything in the mail, if the director-general suspects on reasonable\ngrounds that the seizure is necessary—\n(a) to stop any of the following entering or leaving a detention\nplace:\n(i) a prohibited thing;\n(ii) anything that may be used by the young detainee in a way\nthat may involve an offence, a behaviour breach, a risk to\nthe personal safety of someone else or a risk to security or\ngood order at a detention place; or\n(b) to stop correspondence that is threatening, or not in the best\ninterests of the young detainee, from entering or leaving a\ndetention place; or\n\n(c) to stop a young detainee obtaining or buying goods without the\ndirector-general’s approval.\nExample—correspondence not in best interests of young detainee—\npar (b)\nmail addressed to a young person by someone convicted of a sexual offence\nagainst a child\n(3) The director-general may seize a document under this section only if\ndocument is not privileged.\n(4) If the director-general believes on reasonable grounds that a\ndocument seized under subsection (3) is privileged, the\ndirector-general must return the document to the detainee\nimmediately.\nmail means postal mail.\nprotected mail means mail between a young detainee and any of the\n(d) the director of public prosecutions;\n(f) the Aboriginal and Torres Strait Islander children and young\n(g) the information privacy commissioner;\n(h) the ombudsman;\n(i) the integrity commissioner;\n\n(j) a person prescribed by regulation.\n","sortOrder":257},{"sectionNumber":"281","sectionType":"section","heading":"Seizing property—general","content":"281 Seizing property—general\n(1) The director-general may seize—\n(a) a prohibited thing found on a person or in a person’s custody or\npossession, unless the person has the written approval of the\ndirector-general to possess the thing; or\n(b) anything found at a detention place, whether or not in a person’s\ncustody or possession, that the director-general suspects on\nreasonable grounds—\n(i) is being used, or is intended, for the commission of an\noffence or a behaviour breach; or\n(ii) jeopardises, or is likely to jeopardise, security or good\norder at a detention place or the safety of anyone at a\ndetention place or elsewhere.\n(2) To remove any doubt, this section extends to anything found in a\nsearch under this chapter.\n(3) The director-general may seize a document under this section only if\ndocument is not privileged.\n","sortOrder":258},{"sectionNumber":"282","sectionType":"section","heading":"Notice of seizure","content":"282 Notice of seizure\n(1) The director-general must prepare written notice of a seizure under\nsection 280 or section 281.\n(2) Not later than 7 days after the day of the seizure, the director-general\nmust give written notice of the seizure to—\n(a) the owner of the thing seized; or\n(b) if the owner cannot be identified after reasonable inquiries\n(given the thing’s apparent value)—the person from whom the\nthing was seized.\n\n(3) The notice must—\n(a) identify the thing seized; and\n(b) outline the grounds for the seizure; and\n(c) include a statement about the effect of section 283; and\n(d) include anything else prescribed by regulation.\n","sortOrder":259},{"sectionNumber":"283","sectionType":"section","heading":"Forfeiture of things seized","content":"283 Forfeiture of things seized\n(1) A thing seized under section 280 (Seizing mail etc) or section 281\n(Seizing property—general) is forfeited to the Territory if the\ndirector-general decides on reasonable grounds—\n(a) that—\n(i) after making reasonable inquiries (given the thing’s\napparent value), the owner of the thing cannot be found; or\n(ii) after making reasonable efforts (given the thing’s apparent\nvalue), the thing cannot be returned to the owner; or\n(b) that—\n(i) the thing is a prohibited thing; or\n(ii) possession of the thing by a young detainee is an offence\nor a behaviour breach; or\n(iii) it is necessary to keep the thing to stop it being used for the\ncommission of an offence or a behaviour breach; or\n(iv) the thing is inherently unsafe; or\n(v) the thing may be used by the person in a way that may\ninvolve a risk to the personal safety of someone else or a\nrisk to security or good order at a detention place.\n\n(2) The director-general may deal with a thing forfeited to the Territory\nunder this section, or dispose of it, as the director-general considers\n1 giving a forfeited weapon to a youth detention officer\n2 dumping a forfeited thing of little value\n(3) However, subsection (2) is subject to any order under the Crimes\nAct 1900, section 249 (Seizure of forfeited articles).\nNote 1 The Crimes Act 1900 also provides for articles forfeited under any law in\nforce in the Territory to be seized by a member of the police force, taken\nbefore the Magistrates Court and for the court to order disposal of the\narticle by the public trustee and guardian (see s 249 and s 250).\nNote 2 The Uncollected Goods Act 1996 provides generally for the disposal of\nuncollected goods, including goods abandoned on premises controlled by\nthe Territory.\n","sortOrder":260},{"sectionNumber":"284","sectionType":"section","heading":"Return of things seized but not forfeited","content":"284 Return of things seized but not forfeited\n(1) If a thing seized under section 280 (Seizing mail etc) or section 281\n(Seizing property—general) is not forfeited, the director-general must\nreturn it to its owner—\n(a) at the end of the 6 months after the day it was seized; or\n(b) if a proceeding for an offence or a behaviour breach involving\nthe thing is started within the 6 months—at the end of the\nproceeding and any appeal from, or review of, the proceeding.\n(2) However, if the thing was being kept as evidence of an offence or a\nbehaviour breach and the director-general believes on reasonable\ngrounds that its retention as evidence is no longer necessary, the\ndirector-general must return it immediately.\n\nChapter 8 Criminal matters—discipline at\nPart 8.1 Discipline at detention places—\n285 Application—ch 8\nThis chapter applies in relation to a behaviour breach committed, or\nallegedly committed, by a young detainee.\n","sortOrder":261},{"sectionNumber":"286","sectionType":"section","heading":"Definitions—ch 8","content":"286 Definitions—ch 8\naccused detainee means a young detainee charged with a behaviour\nadministrator means an authorised person to whom the\ndirector-general has delegated functions of an administrator under\nthis chapter.\nallegation report—see section 293.\nbehaviour breach—see section 287.\nbehaviour management consequence—\n(a) for part 8.3 (Dealing with minor behaviour breaches)—see\nsection 298; and\n(b) for part 8.4 (Disciplinary action—behaviour breach charged)—\nsee section 318.\nbehaviour management framework means the behaviour\nmanagement framework established under section 297.\ncharge means a charge under section 296.\ncharge notice—see section 296.\n\ndisciplinary action—see section 317.\nhearing, for a review, means a hearing under part 9.3.\nminor behaviour breach—see section 288.\nprivilege, in relation to a young detainee—see section 289.\nreporting and investigation procedure, for part 8.2 (Responding to\nbehaviour breaches), means a reporting and investigation procedure\nunder section 294.\nreview means a review under—\n(a) division 8.4.2 (Internal review); or\n(b) division 8.4.3 (External review of internal review decisions).\nsupport person—a person can be a support person for a young\ndetainee if—\n(a) the young detainee chooses the person to assist the young\ndetainee or represent the young detainee’s interests; and\n(b) the director-general considers—\n(i) the person is capable of assisting the young detainee or\nrepresenting the young detainee’s interests; and\n(ii) it is in the young detainee’s best interests for the person to\nbe the young detainee’s support person.\nExamples—support people\n1 the public advocate\n2 the Aboriginal and Torres Strait Islander children and young people\n3 a person with parental responsibility for the accused detainee\n4 a close friend of the accused detainee who is capable of applying for the review\n5 a lawyer\n\n","sortOrder":262},{"sectionNumber":"287","sectionType":"section","heading":"Meaning of behaviour breach","content":"287 Meaning of behaviour breach\n(1) Each of the following is a behaviour breach:\n(a) contravening a direction by the director-general under this Act;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) being in a prohibited area without the director-general’s\nNote An area may be prohibited under s 147.\n(c) smoking;\n(d) taking (in any way) alcohol, a prohibited substance or an\nunauthorised medicine into the young detainee’s body;\n(e) providing a positive test sample for alcohol or a drug when\ndirected, under this Act, to provide a test sample;\n(f) making, possessing, concealing, knowingly consuming or\ndealing with a prohibited thing, without the director-general’s\n(g) gambling;\n(h) being disrespectful or abusive towards a youth detention officer\nin a way that undermines the officer’s authority;\n(i) being disrespectful or abusive towards another person;\n(j) intentionally or recklessly engaging in conduct that endangers,\nor may endanger, the health or safety of the young detainee or\nanyone else;\n(k) fighting;\n(l) assaulting someone else;\n(m) theft;\n\n(n) possessing stolen property;\n(o) possessing or dealing in things without the director-general’s\n(p) intentionally or recklessly damaging or destroying property\nbelonging to someone else;\n(q) interfering with property belonging to someone else, without\napproval by the owner of the property;\n(r) creating or participating in a disturbance, or other activity, likely\nto endanger security or good order at a detention place;\n(s) contravening a condition of a leave permit under section 241 or\nan interstate leave permit under section 242;\n(t) doing anything for the purpose of escaping, or assisting a young\ndetainee to escape, from detention;\n(u) offering, giving or taking a bribe;\n(v) planning, conspiring or attempting, or assisting anyone else\nplanning, conspiring or attempting, to commit a behaviour\nbreach;\n(w) threatening to do anything mentioned in paragraphs (j), (k), (l),\n(p) or (r);\n(x) anything else prescribed by regulation.\nExample—director-general direction—par (a)\ncontravening a direction by the director-general to submit to a search under\nthis Act\nmedicine—see the Medicines, Poisons and Therapeutic Goods\nAct 2008, section 11.\nprohibited substance—see the Medicines, Poisons and Therapeutic\nGoods Act 2008, section 13.\n\nunauthorised medicine—a medicine is an unauthorised medicine\nfor a young detainee if—\n(a) the medicine is not prescribed for the young detainee; or\n(b) the director-general has not approved the use of the medicine by\nthe young detainee under section 187.\n","sortOrder":263},{"sectionNumber":"288","sectionType":"section","heading":"Meaning of minor behaviour breach","content":"288 Meaning of minor behaviour breach\nA minor behaviour breach is a behaviour breach that—\n(a) is not of a serious or persistent nature; and\n(b) does not involve a serious risk to the health or safety of someone\nelse at a detention place; and\n(c) does not involve a serious risk, or serious or persistent\ndisruption, to the security or good order at a detention place.\n","sortOrder":264},{"sectionNumber":"289","sectionType":"section","heading":"Meaning of privilege","content":"289 Meaning of privilege\nA privilege, in relation to a young detainee—\n(a) is any amenity, facility or opportunity the young detainee may\nhave the benefit of in detention; but\n(b) does not include anything that is, for this chapter, an entitlement\nfor the young detainee.\nExamples—privileges\n1 using phones, email or the internet other than for entitled usage\n2 buying non-essential goods from money in a young detainee’s trust account\n3 using a radio, television, compact disc, MP3 player or DVD player or other\nelectronic equipment for recreational purposes\n4 pursuing hobbies and crafts\n5 keeping personal property in a cell\n6 accessing leave\n\nExamples—entitlements\n1 an entitlement to health care under s 109\n2 things expressed in pt 6.5 (Living conditions at detention places) to be\nentitlements for young detainees\n","sortOrder":265},{"sectionNumber":"290","sectionType":"section","heading":"Overlapping behaviour breaches and criminal offences","content":"290 Overlapping behaviour breaches and criminal offences\n(1) This section applies if a young detainee engages, or is alleged to have\nengaged, in conduct that is both—\n(a) a behaviour breach; and\n(b) an offence (a criminal offence) against this Act or another\n(2) The young detainee must not be prosecuted for the criminal offence\nif a behaviour management consequence has been imposed on the\nyoung detainee under part 8.3 or part 8.4 because of the behaviour\n(3) The young detainee must not be charged with the behaviour breach\nunder section 296, or the charge must not be continued with under\nthis chapter, if a prosecution for the criminal offence has been started\nin a court.\n(4) Disciplinary action for the behaviour breach must not be taken against\nthe young detainee if a court has convicted the young detainee, or the\nyoung detainee has been found guilty, of the criminal offence.\nNote For the kinds of disciplinary action that may be taken, see s 317.\n\n","sortOrder":266},{"sectionNumber":"Part 8","sectionType":"part","heading":"2 Responding to behaviour","content":"Part 8.2 Responding to behaviour\nbreaches\n","sortOrder":267},{"sectionNumber":"291","sectionType":"section","heading":"Who is an investigator?","content":"291 Who is an investigator?\ninvestigator means—\n(a) an authorised person to whom the director-general has delegated\nfunctions of an investigator under this part; or\n(b) a person appointed to be an investigator under section 292.\nNote A person is an authorised person for this Act if the director-general\ndelegates a power under the Act to the person.\n","sortOrder":268},{"sectionNumber":"292","sectionType":"section","heading":"Appointment of investigators","content":"292 Appointment of investigators\nThe director-general may appoint a person to be an investigator for\nthis part.\n","sortOrder":269},{"sectionNumber":"293","sectionType":"section","heading":"Report etc by youth detention officer","content":"293 Report etc by youth detention officer\n(1) This section applies if a youth detention officer believes on\nreasonable grounds that a young detainee has committed a behaviour\n(2) The youth detention officer may do 1 or more of the following if the\nperson believes on reasonable grounds that it is appropriate in the\ncircumstances:\n(a) counsel the young detainee;\n\nResponding to behaviour breaches Part 8.2\n(b) warn the young detainee about committing a behaviour breach;\n(c) reprimand the young detainee;\n(d) make a report (an allegation report) about the alleged behaviour\n(3) An allegation report must be made in accordance with the reporting\nand investigation procedures.\n","sortOrder":270},{"sectionNumber":"294","sectionType":"section","heading":"Reporting and investigation procedures","content":"294 Reporting and investigation procedures\n(1) The director-general must make reporting and investigation\nprocedures, consistent with this Act, about the making, recording and\ninvestigation of allegation reports.\n(2) Each reporting and investigation procedure is a notifiable instrument.\n(3) Without limiting subsection (1), the reporting and investigation\nprocedures must—\n(a) require allegation reports to be made in writing and given to an\nadministrator; and\n(b) require the administrator to whom an allegation report is given,\nand any investigator who investigates the alleged behaviour\nbreach, to be a different person to the youth detention officer\nwho makes the allegation report; and\n(c) require a young detainee to be told about an alleged behaviour\nbreach in language and a way the detainee can understand; and\n(d) allow a young detainee to contact 1 or 2 support people for\nassistance in responding to an alleged behaviour breach; and\n(e) require a young detainee to be told that they have the right to\ncontact 1 or 2 support people for assistance in responding to an\nalleged behaviour breach.\n\n","sortOrder":271},{"sectionNumber":"295","sectionType":"section","heading":"Action by administrator","content":"295 Action by administrator\n(1) This section applies if an administrator is given an allegation report\nabout an alleged behaviour breach by a young detainee.\n(2) The administrator—\n(a) must consider the allegation report; and\n(b) may arrange for an investigator to investigate the alleged\nbehaviour breach in accordance with the reporting and\ninvestigation procedures if the administrator believes on\nreasonable grounds that it is appropriate in the circumstances.\n(3) After considering the allegation report and the report of any\ninvestigation under subsection (2) (b), the administrator may take any\nfurther action the administrator believes on reasonable grounds is\nappropriate in the circumstances.\n(4) Without limiting subsection (3), the administrator may do 1 or more\nof the following if the administrator believes on reasonable grounds\nthat it is reasonable and proportionate in the circumstances:\n(a) take no further action in relation to the report;\n(b) counsel the young detainee;\n(c) warn the young detainee about committing a behaviour breach;\n(d) reprimand the young detainee;\n(e) for a minor behaviour breach—deal with the young detainee in\naccordance with part 8.3;\n(f) charge the young detainee under section 296;\n(g) refer the alleged behaviour breach to—\n(i) the chief police officer; or\n(ii) the director of public prosecutions.\n\nResponding to behaviour breaches Part 8.2\n(5) Before deciding what action (if any) to take in relation to a minor\nbehaviour breach, the administrator must review any previous minor\nbehaviour breaches and behaviour management consequences\nimposed on the young detainee.\n(6) A referral under subsection (4) (g) must be in writing and\naccompanied by the allegation report and any reports the\nadministrator has of investigations already made about the alleged\nbehaviour breach.\n","sortOrder":272},{"sectionNumber":"296","sectionType":"section","heading":"Disciplinary charge","content":"296 Disciplinary charge\nTo charge a young detainee with a behaviour breach, an administrator\nmust give the young detainee written notice (a charge notice) of the\ncharge, including details of the following:\n(a) the behaviour breach charged;\n(b) a brief statement of the conduct to which the charge applies and\nwhen, or the period during which, it happened;\n(c) the election available under section 301 to accept the\ndisciplinary action proposed by the administrator;\n(d) the disciplinary action the administrator believes on reasonable\ngrounds would be appropriate if the charge were dealt with by\nthe administrator under section 302 (Disciplinary action by\nadministrator);\n(e) that application may be made under section 305 for review of\nthe charge.\n\nPart 8.3 Dealing with minor behaviour breaches\nPart 8.3 Dealing with minor behaviour\nbreaches\n297 Behaviour management framework\n(1) The director-general must establish a behaviour management\nframework for dealing with minor behaviour breaches.\n(2) The behaviour management framework is a notifiable instrument.\n(3) Without limiting subsection (1), the behaviour management\nframework must provide for the following:\n(a) any behaviour management consequences imposed on a young\ndetainee to be a reasonable and proportionate response to the\nminor behaviour breach;\n(b) how privileges can be withdrawn for minor behaviour breaches;\n(c) review by the director-general (including on request by a young\ndetainee) of decisions to impose behaviour management\nconsequences for minor behaviour breaches.\n","sortOrder":273},{"sectionNumber":"298","sectionType":"section","heading":"Behaviour management framework—behaviour","content":"298 Behaviour management framework—behaviour\nmanagement consequences\n(1) Each of the following is a behaviour management consequence that\nmay be imposed under the behaviour management framework:\n(a) a fine, not exceeding $25;\n(b) a withdrawal of privileges, for not longer than 6 days;\n(c) a requirement to make an apology to a person affected by the\n(d) a requirement to perform extra chores, for not longer than\n2 hours;\n\nDealing with minor behaviour breaches Part 8.3\n(e) anything prescribed by regulation to be a behaviour\nmanagement consequence for the behaviour management\nframework and that is reasonable and proportionate to minor\nbehaviour breaches.\n(2) In deciding whether to impose a behaviour management consequence\nunder the behaviour management framework, the administrator must\nconsider the age, developmental capacity, rehabilitation needs and\nany known history of the young detainee.\n(3) The administrator may impose a behaviour management consequence\nif satisfied that the consequence to be imposed is—\n(a) reasonable in the circumstances; and\n(b) proportionate to the circumstances and gravity of the behaviour\n","sortOrder":274},{"sectionNumber":"299","sectionType":"section","heading":"Behaviour management framework—limits","content":"299 Behaviour management framework—limits\n(1) This section applies if a young detainee has been dealt with under the\nbehaviour management framework and behaviour management\nconsequences totalling any of the following have been imposed on\nthe young detainee under the framework:\n(a) for fines—$125;\n(b) for withdrawals of privileges—30 days;\n(c) for requirements to perform extra chores—10 hours.\n(2) The young detainee must not be dealt with under the behaviour\nmanagement framework for any subsequent minor behaviour breach.\n(3) However, an administrator may take other action mentioned in\nsection 295 (other than section 295 (4) (e)) for any subsequent minor\nbehaviour breaches.\n\nPart 8.4 Disciplinary action—behaviour\nbreach charge\n","sortOrder":275},{"sectionNumber":"300","sectionType":"section","heading":"Right to contact support person—disciplinary action by","content":"300 Right to contact support person—disciplinary action by\nadministrator\n(1) This section applies if a charge notice has been given to an accused\ndetainee under section 296.\nassist the detainee with having the disciplinary charge dealt with\nunder this division.\nto facilities to contact a support person as soon as practicable.\n","sortOrder":276},{"sectionNumber":"301","sectionType":"section","heading":"Behaviour breach admitted by accused detainee","content":"301 Behaviour breach admitted by accused detainee\n(1) An accused detainee may elect to have a disciplinary charge against\nthe accused detainee dealt with under this division by giving the\nadministrator a written notice in which the accused detainee—\n(a) admits the behaviour breach charged; and\n(b) accepts the proposed disciplinary action stated in the charge\nExample—election\na signed admission and acceptance on the charge notice\n(2) The election must be given to the administrator—\n(a) not later than 48 hours after the administrator gives the accused\ndetainee the charge notice; or\n(b) within any extended period allowed under subsection (3).\n\nDisciplinary action by administrator Division 8.4.1\n(3) On written application by the accused detainee, the administrator may\nextend the period within which the election must be made if the\nadministrator believes on reasonable grounds that it is appropriate to\nextend the period.\n(4) The administrator must give the accused detainee written notice of a\ndecision under subsection (3).\n","sortOrder":277},{"sectionNumber":"302","sectionType":"section","heading":"Disciplinary action by administrator","content":"302 Disciplinary action by administrator\n(a) a charge notice has been given to an accused detainee; and\n(b) the accused detainee—\n(i) makes an election under section 301; or\n(ii) does not make an election under section 301, or apply for\nreview of the charge, within the period allowed.\n(2) The administrator may, without further investigation or inquiry, take\nthe disciplinary action stated in the charge notice if the administrator\nbelieves on reasonable grounds that the accused detainee understands\nthe proposed action.\n(3) If the administrator decides to take the disciplinary action, the\nadministrator must give the accused detainee written notice of the\ndecision.\n(4) The disciplinary action must be taken in accordance with\ndivision 8.4.4 (Disciplinary action generally).\n\n","sortOrder":278},{"sectionNumber":"303","sectionType":"section","heading":"Meaning of review officer—div 8.4.2","content":"303 Meaning of review officer—div 8.4.2\nreview officer means an authorised person to whom the\ndirector-general has delegated functions of a review officer under this\n","sortOrder":279},{"sectionNumber":"304","sectionType":"section","heading":"Right to contact support person—internal review","content":"304 Right to contact support person—internal review\n(1) This section applies if a charge notice has been given to an accused\ndetainee under section 296.\nassist the detainee to apply for review of the charge under this\nto facilities—\n(a) to contact a support person as soon as practicable; and\n(b) to consult with the support person.\n","sortOrder":280},{"sectionNumber":"305","sectionType":"section","heading":"Application for internal review","content":"305 Application for internal review\n(1) An accused detainee may apply for review of the charge under this\n(2) The application must be given to the administrator—\n(a) not later than the day after the day the administrator gives the\naccused detainee the charge notice under section 296; or\n(b) within any extended period allowed under subsection (3).\n\nInternal review Division 8.4.2\n(3) On written application by the accused detainee, the administrator may\nextend the period for making the application if the administrator\nbelieves on reasonable grounds that it is appropriate to extend the\nperiod.\nNote The administrator may extend the period for making the application after\nthe period given in the notice has expired (see Legislation Act, s 151C).\n(4) The administrator must give the accused detainee written notice of a\ndecision under subsection (3) to extend the period.\n","sortOrder":281},{"sectionNumber":"306","sectionType":"section","heading":"Internal review of charge","content":"306 Internal review of charge\n(1) If an application for review is given to the administrator under\nsection 305, the administrator must arrange for a review officer to\nconduct a review into the behaviour breach charged in the charge\n(2) An authorised person must not exercise any function of a review\nofficer under this division in relation to the charge if the authorised\n(a) made an allegation report or carried out any investigation in\nrelation to the alleged behaviour breach to which the charge\nrelates; or\n(b) charged the young detainee under section 296.\n(3) Chapter 9 (Criminal matters—conduct of disciplinary reviews)\napplies, with any changes prescribed by regulation, in relation to a\nreview under this division.\n\n","sortOrder":282},{"sectionNumber":"307","sectionType":"section","heading":"Review officer’s powers after internal review","content":"307 Review officer’s powers after internal review\n(1) This section applies if a review officer has completed a review under\nsection 306.\n(2) If the review officer is satisfied on the balance of probabilities that a\nbehaviour breach charged has been proven, the review officer may\ntake disciplinary action against the accused detainee in accordance\nwith division 8.4.4\n(3) The review officer must dismiss the charge—\n(a) if not satisfied on the balance of probabilities that the behaviour\nbreach charged has been proven; or\n(b) if satisfied on reasonable grounds that it would otherwise be\nappropriate to do so.\n(4) If the review officer believes on reasonable grounds that it is\nnecessary or appropriate to do so, the review officer may refer the\ncharge to—\n(a) the chief police officer; or\n(b) the director of public prosecutions.\n(5) The review officer must give the accused detainee prompt written\nnotice of the review officer’s decision under subsection (2),\n(a) a statement of the reasons for the decision; and\n(b) a statement that the accused detainee has a right to apply for\nreview of the decision under division 8.4.3 (External review of\ninternal review decisions); and\n(c) a statement about the effect of section 310.\nNote For what must be included in a statement of reasons, see the Legislation\n\nExternal review of internal review decisions Division 8.4.3\n","sortOrder":283},{"sectionNumber":"Div 8","sectionType":"division","heading":"4.3 External review of internal review","content":"Division 8.4.3 External review of internal review\ndecisions\n","sortOrder":284},{"sectionNumber":"308","sectionType":"section","heading":"Meaning of external reviewer—div 8.4.3","content":"308 Meaning of external reviewer—div 8.4.3\nexternal reviewer means a person appointed as an external reviewer\nunder section 309.\n","sortOrder":285},{"sectionNumber":"309","sectionType":"section","heading":"Appointment of external reviewers","content":"309 Appointment of external reviewers\n(1) The Minister must appoint at least 1 external reviewer.\n(2) A person may be appointed as an external reviewer only if the person\nis a magistrate and consents, in writing, to the appointment.\n(3) The Magistrates Court Act 1930, section 7G (Magistrates not to do\nother work) does not apply to the appointment of a magistrate as an\nexternal reviewer.\nNote For the making of appointments (including acting appointments), see the\n(4) The Legislation Act, division 19.3.3 (Appointments—Assembly\nconsultation) does not apply to the appointment of an external\nreviewer.\n(5) An appointment is a notifiable instrument.\n","sortOrder":286},{"sectionNumber":"310","sectionType":"section","heading":"Right to contact support person—external review","content":"310 Right to contact support person—external review\n(1) This section applies if a decision under section 307 (2) (Review\nofficer’s powers after internal review) has been made in relation to an\naccused detainee.\nassist the detainee to apply for review of the decision under this\n\nto facilities—\n(a) to contact a support person as soon as practicable; and\n(b) to consult with the support person.\n","sortOrder":287},{"sectionNumber":"311","sectionType":"section","heading":"Application for external review","content":"311 Application for external review\n(1) An accused detainee may apply to an external reviewer for review of\na decision made under section 307 (2) (Review officer’s powers after\ninternal review) in relation to the accused detainee.\nExample—application for review\na signed application on the review officer’s notice under s 307\n(2) The application must be made not later than 7 days after the day the\naccused detainee is given notice of the decision under section 307.\n(3) Subject to any decision by the external reviewer under section 314,\nthe making of the application does not affect the taking of disciplinary\naction under the decision under review.\n","sortOrder":288},{"sectionNumber":"312","sectionType":"section","heading":"External review of charge","content":"312 External review of charge\n(1) On application under section 311, an external reviewer must—\n(a) review a decision of a review officer made under section 307; or\n(b) refuse to review the decision.\n(2) Chapter 9 (Criminal matters—conduct of disciplinary reviews)\napplies, with any changes prescribed by regulation, in relation to a\nreview under this division.\n\nExternal review of internal review decisions Division 8.4.3\n","sortOrder":289},{"sectionNumber":"313","sectionType":"section","heading":"Refusal to review","content":"313 Refusal to review\n(1) This section applies if, under section 312, an external reviewer\nrefuses to review a decision made under section 307 in relation to an\naccused detainee.\n(2) The external reviewer must give the accused detainee, and any\nsupport person of the accused detainee about whom the external\nreviewer has notice, prompt written notice of the refusal, including—\n(a) a statement of the reasons for the refusal; and\n(b) notice that a person aggrieved by the refusal may apply for\nreview of the refusal under the Administrative Decisions\n(Judicial Review) Act 1989.\nNote 1 For what must be included in a statement of reasons, see the Legislation\nNote 2 Under the Administrative Decisions (Judicial Review) Act 1989, a person\napply to the Supreme Court for review of the decision. Subject to any\norder of the Court, the making of the application does not affect the\n","sortOrder":290},{"sectionNumber":"314","sectionType":"section","heading":"External reviewer’s powers after external review","content":"314 External reviewer’s powers after external review\n(1) After completing a review under section 312, the external reviewer\nmay—\n(a) confirm the decision under review; or\n(b) exercise any function of a review officer under section 307\n(Review officer’s powers after internal review) in relation to the\naccused detainee, either by—\n(i) amending the decision under review; or\n(ii) setting aside the decision under review and making a\ndecision in substitution for the decision set aside.\n\n(2) The external reviewer must give prompt written notice of the external\nreviewer’s decision under this section to—\n(a) the accused detainee; and\n(b) any support person of the accused detainee about whom the\nexternal reviewer has notice; and\n(c) the director-general.\n(3) The notice must include—\n(a) a statement of the reasons for the decision; and\n(b) notice that a person aggrieved by the decision may apply for\nreview of the decision under the Administrative Decisions\n(Judicial Review) Act 1989.\nNote 1 For what must be included in a statement of reasons, see the Legislation\nNote 2 Under the Administrative Decisions (Judicial Review) Act 1989, a person\napply to the Supreme Court for review of the decision. Subject to any\norder of the Court, the making of the application does not affect the\n(4) If the external reviewer’s decision reduces or sets aside a fine\nimposed for the behaviour breach, the director-general must credit to\nthe accused detainee’s trust account any amount deducted from the\naccount for payment of the fine.\n(5) If the external reviewer’s decision reduces or sets aside any other\nbehaviour management consequence imposed for the behaviour\nbreach, the director-general must take steps, in consultation with the\naccused detainee, to provide a reasonable remedy to the accused\n\nDisciplinary action generally Division 8.4.4\n","sortOrder":291},{"sectionNumber":"315","sectionType":"section","heading":"Application—div 8.4.4","content":"315 Application—div 8.4.4\nThis division applies to a young detainee against whom disciplinary\naction may be taken under this part.\n","sortOrder":292},{"sectionNumber":"316","sectionType":"section","heading":"Meaning of relevant presiding officer—div 8.4.4","content":"316 Meaning of relevant presiding officer—div 8.4.4\nrelevant presiding officer means—\n(a) an administrator under division 8.4.1 (Disciplinary action by\nadministrator); or\n(b) a review officer under division 8.4.2 (Internal review); or\n(c) an external reviewer under division 8.4.3 (External review of\ninternal review decisions).\n","sortOrder":293},{"sectionNumber":"317","sectionType":"section","heading":"Disciplinary action by relevant presiding officer","content":"317 Disciplinary action by relevant presiding officer\n(1) A relevant presiding officer may do 1 or more of the following (each\nof which is disciplinary action) in relation to a young detainee:\n(a) warn the young detainee about committing a behaviour breach;\n(b) reprimand the young detainee;\n(c) impose a behaviour management consequence, or a combination\nof behaviour management consequences, on the young detainee.\n(2) In deciding whether to impose a behaviour management\nconsequence, the relevant presiding officer must consider the age,\ndevelopmental capacity, rehabilitation needs and any known history\nof the young detainee.\n\n(3) The relevant presiding officer may impose a behaviour management\nconsequence if satisfied that the consequence to be imposed is—\n(a) reasonable in the circumstances; and\n(b) proportionate to the circumstances and gravity of the behaviour.\n","sortOrder":294},{"sectionNumber":"318","sectionType":"section","heading":"Disciplinary action—behaviour management","content":"318 Disciplinary action—behaviour management\nconsequences\nEach of the following is a behaviour management consequence that\nmay be imposed under this part:\n(a) a fine, not exceeding $250;\n(b) a withdrawal of privileges, for not longer than 60 days;\n(c) a requirement to make an apology to a person affected by the\n(d) a requirement to perform extra chores, for not longer than\n20 hours;\n(e) anything prescribed by regulation to be a behaviour\nmanagement consequence and that is reasonable and\nproportionate to behaviour breaches.\n","sortOrder":295},{"sectionNumber":"319","sectionType":"section","heading":"Maximum behaviour management consequences","content":"319 Maximum behaviour management consequences\n(a) a young detainee is charged with 2 or more behaviour breaches;\nand\n(b) the charges arise out of the same conduct.\n(2) The total of the behaviour management consequences imposed for the\nbreaches must not, for any particular kind of consequence, be more\nthan the maximum penalty that may be imposed for any 1 of the\nbreaches.\n\nDisciplinary action generally Division 8.4.4\n","sortOrder":296},{"sectionNumber":"320","sectionType":"section","heading":"Privileges and entitlements—impact of discipline","content":"320 Privileges and entitlements—impact of discipline\nTo remove any doubt—\n(a) anything expressed in part 6.5 (Living conditions at detention\nplaces) to be an entitlement for this chapter is not affected by\nanything that happens under this chapter, including disciplinary\naction; and\n(b) anything else mentioned in part 6.5 is, for this chapter, a\nprivilege.\nNote Records must be kept of disciplinary action taken against young detainees\n(see Territory Records Act 2002).\n\nPart 9.1 Conduct of disciplinary review—general\nChapter 9 Criminal matters—conduct of\ndisciplinary reviews\nPart 9.1 Conduct of disciplinary review—\n321 Application—ch 9\nThis chapter applies to a review under—\n(a) division 8.4.2 (Internal review); or\n(b) division 8.4.3 (External review of internal review decisions).\nNote This chapter also applies to a review under s 220 (External review of\nsegregation directions) (see s s 220 (2)).\n","sortOrder":297},{"sectionNumber":"322","sectionType":"section","heading":"Definitions—ch 9","content":"322 Definitions—ch 9\nreview officer—\n(a) for a review under division 8.4.2—means a review officer under\nthat division; and\n(b) for a review under division 8.4.3—means an external reviewer\nunder that division.\nsupport person—see section 286.\n\nDisciplinary review procedures Part 9.2\n","sortOrder":298},{"sectionNumber":"323","sectionType":"section","heading":"Nature of disciplinary reviews","content":"323 Nature of disciplinary reviews\n(1) To remove any doubt, a review is an administrative process.\n(2) At a review—\n(a) the rules of natural justice apply; and\n(b) the laws of evidence do not apply; and\n(c) evidence must not be given on oath or by affidavit; and\n(d) the question whether a young detainee has committed a\nbehaviour breach must be decided on the balance of\nprobabilities.\n","sortOrder":299},{"sectionNumber":"324","sectionType":"section","heading":"Notice of disciplinary review etc","content":"324 Notice of disciplinary review etc\n(1) The review officer for a review in relation to an accused detainee must\ngive written notice of the review to the accused detainee and the\n(2) The notice must include the following:\n(a) a statement about where and when the review is to start;\n(b) details of the disciplinary charge or disciplinary action to which\nthe review relates;\n(c) a statement about the effect of section 323;\n(d) a statement about the effect of subsections (3) to (5);\n(e) a statement to the effect that the review officer may hold a\nhearing for the review in accordance with part 9.3 (Disciplinary\nhearing procedures);\n(f) the closing date for submissions by the accused detainee.\n\n(3) The accused detainee may make submissions to the review officer for\nthe review in any form acceptable to the review officer.\nExample—acceptable form\nan audio recording or a document written for an accused detainee\n(4) The director-general must—\n(a) offer to provide reasonable assistance to the accused detainee to\nput the submissions in a form acceptable to the review officer;\nand\n(b) tell the accused detainee about the assistance the detainee is\nentitled to under subsection (5).\n(5) The accused detainee is entitled to reasonable assistance from 1 or\n2 support people for the purpose of preparing submissions.\n(6) The review officer must consider any submission given to the review\nofficer by the accused detainee before the closing date for\nsubmissions stated in the notice of the review given to the accused\n","sortOrder":300},{"sectionNumber":"325","sectionType":"section","heading":"Conduct of disciplinary reviews","content":"325 Conduct of disciplinary reviews\n(1) A review must be conducted with as little formality and technicality,\nand as quickly as the requirements of this Act and a proper\nconsideration of the charge allow.\n(2) The review officer may hold a hearing for the review.\n(3) A hearing for a review must be held in accordance with part 9.3.\n(4) Proceedings at a review are not open to the public.\n(5) A decision of the review officer at a review is not invalid only because\nof any informality or lack of form.\nNote However, see s 331 (5) and s 332 (2) (b) for who may be present, be heard\nor make submissions at disciplinary hearings.\n\nDisciplinary review procedures Part 9.2\n","sortOrder":301},{"sectionNumber":"326","sectionType":"section","heading":"Review officer may require official reports","content":"326 Review officer may require official reports\n(1) For a review, the review officer may, by written notice given to any\nof the following, require the person to promptly give the review\nofficer a written report about the accused detainee:\n(b) the director of public prosecutions;\n(c) a public servant.\n(2) The person given the notice must comply with it.\n","sortOrder":302},{"sectionNumber":"327","sectionType":"section","heading":"Review officer may require information and documents","content":"327 Review officer may require information and documents\n(1) For a review, the review officer may, by written notice given to a\nperson, require the person—\n(a) to provide stated information to the review officer relevant to\nthe review; or\n(b) to produce to the review officer a stated document or thing\nrelevant to the review.\n(2) This section does not require a person to give information, or produce\na document or other thing, to the review officer if the Minister\ncertifies in writing that giving the information, or producing the\ndocument or other thing—\n(a) may endanger a young detainee or anyone else; or\n(b) is contrary to the public interest.\n\n","sortOrder":303},{"sectionNumber":"328","sectionType":"section","heading":"Possession of review documents etc","content":"328 Possession of review documents etc\nThe review officer may have possession of a document or other thing\nproduced to the review officer for a review for as long as the review\nofficer considers necessary for the review.\n","sortOrder":304},{"sectionNumber":"329","sectionType":"section","heading":"Record of review","content":"329 Record of review\nThe review officer for a review must keep a written record of\nproceedings at the review.\n\nDisciplinary hearing procedures Part 9.3\n","sortOrder":305},{"sectionNumber":"330","sectionType":"section","heading":"Notice of disciplinary hearing","content":"330 Notice of disciplinary hearing\n(1) The review officer for a review in relation to an accused detainee must\ngive written notice of a hearing for the review to the accused detainee\nand the director-general.\n(2) The notice must include—\n(a) a statement about where and when the hearing is to be held; and\n(b) a statement about the accused detainee’s entitlements under\nsection 331 and section 332.\n(3) If practicable, the hearing must be held at the detention place where\nthe accused detainee is detained.\n","sortOrder":306},{"sectionNumber":"331","sectionType":"section","heading":"Review officer’s powers at review","content":"331 Review officer’s powers at review\n(1) For a hearing for a review in relation to an accused detainee, the\nreview officer may, by written notice given to the accused detainee\nor anyone else, require the person to appear before the review officer,\nat a stated time and place, to do either or both of the following:\n(a) answer questions;\n(b) produce a stated document or other thing relevant to the review.\n(2) A person is taken to have complied with a notice under\nsubsection (1) (b) if the person gives the document or other thing to\nthe review officer before the time stated in the notice for its\nproduction.\n(3) The review officer at a hearing for a review may require the accused\ndetainee, or a witness, appearing before the review officer to do 1 or\nmore of the following:\n(a) answer a question relevant to the review;\n(b) produce a document or other thing relevant to the review.\n\n(4) The review officer at the hearing may disallow a question put to a\nperson if the presiding review officer considers the question—\n(a) is unfair, unduly prejudicial or vexatious; or\n(b) involves an abuse of the review process.\n(5) The review officer may allow a youth detention officer or anyone else\nto be present, and to be heard, at a disciplinary hearing.\nExamples—other people who may be allowed to be present\n1 a support person\n2 another detainee\n","sortOrder":307},{"sectionNumber":"332","sectionType":"section","heading":"Rights of accused detainee at disciplinary hearing","content":"332 Rights of accused detainee at disciplinary hearing\n(1) The accused detainee is entitled to be present at a hearing for a review\nin relation to the accused detainee.\nNote However, the accused detainee may be excluded (see s 333) and the\nhearing may be conducted if the accused detainee fails to attend (see\ns 334).\n(2) If the accused detainee appears at a hearing for a review in relation to\nthe accused detainee, the accused detainee is entitled to—\n(a) be heard, examine and cross-examine witnesses and make\nsubmissions for the review; and\n(b) have a support person or lawyer present to make submissions on\nthe accused detainee’s behalf.\n\nDisciplinary hearing procedures Part 9.3\n","sortOrder":308},{"sectionNumber":"333","sectionType":"section","heading":"Exclusion of accused detainee from hearing","content":"333 Exclusion of accused detainee from hearing\nThe review officer may, by written order, exclude the accused\ndetainee from a hearing for the review if the accused detainee, without\nreasonable excuse—\n(a) unreasonably interrupts, interferes with or obstructs the hearing;\nor\n(b) contravenes a reasonable direction by the review officer about\nthe conduct of hearing.\n","sortOrder":309},{"sectionNumber":"334","sectionType":"section","heading":"Hearing in accused detainee’s absence","content":"334 Hearing in accused detainee’s absence\nIf the accused detainee fails without reasonable excuse to attend a\nhearing for the review, the review officer may conduct the hearing,\nand make a decision on the charge, in the accused detainee’s absence.\n","sortOrder":310},{"sectionNumber":"335","sectionType":"section","heading":"Appearance at disciplinary hearing by audiovisual or","content":"335 Appearance at disciplinary hearing by audiovisual or\naudio link\n(1) This section applies if, in relation to a hearing for a review, or part of\nthe hearing, the review officer has given a direction under the\nfollowing sections of the Evidence (Miscellaneous Provisions)\nAct 1991:\n(a) section 20 (1) (Territory courts may take evidence and\nsubmissions from participating States);\n(b) section 32 (1) (Territory courts may take evidence and\nsubmissions from another place).\n(2) A person may appear and take part in the hearing in accordance with\nthe direction, if the person—\n(a) is required or entitled to appear personally, whether as the\naccused detainee or as a witness; or\n\n(b) is entitled to appear for someone else.\n(3) A person who appears at the hearing under this section is taken to be\nbefore the review officer.\n\nApplication of care and protection chapters Part 10.1\n","sortOrder":311},{"sectionNumber":"Part 10","sectionType":"part","heading":"1 Application of care and","content":"Part 10.1 Application of care and\nNote to pt 10.1\nUnder s 6, the functions under this Act may be exercised for a child or young\n(a) who ordinarily lives in the ACT; or\n(b) who does not ordinarily live in the ACT, but who is in the ACT; or\n(c) about whom a report is made under s 354 (Voluntary reporting of risk of\nsignificant harm) or s 356 (Offence—mandatory reporting of significant harm)\narising from something happening in the ACT.\n","sortOrder":312},{"sectionNumber":"336","sectionType":"section","heading":"What are the care and protection chapters?","content":"336 What are the care and protection chapters?\ncare and protection chapters means the following chapters:\n(a) Chapter 10 (Care and protection—general);\n(b) Chapter 11 (Care and protection—reporting and assessing risk\nof significant harm);\n(c) Chapter 12 (Care and protection—voluntary agreements to\ntransfer or share parental responsibility);\n(d) Chapter 13 (Care and protection—emergency situations);\n(e) Chapter 14 (Care and protection—care and protection orders);\n(f) Chapter 14A (Care and protection—therapeutic support panel\nfor children and young people);\n(g) Chapter 15 (Care and Protection—director-general has aspect of\nparental responsibility);\n\n(h) Chapter 16 (Care and protection—intensive therapy for children\nand young people);\n(i) Chapter 17 (Care and protection—interstate transfer of orders\nand proceedings);\n(j) Chapter 18 (Care and protection—police assistance);\n(k) Chapter 19 (Care and protection—provisions applying to court\nproceedings under care and protection chapters).\n","sortOrder":313},{"sectionNumber":"337","sectionType":"section","heading":"Age—proof of age to be sought before action taken","content":"337 Age—proof of age to be sought before action taken\nIf the Childrens Court, the director-general or a police officer intends\nto deal with a person under the care and protection chapters as a child\nor young person, the Childrens Court, director-general or police\nofficer must make reasonable inquiries to find out the age of the\nperson before dealing with the person as a child or young person.\n","sortOrder":314},{"sectionNumber":"338","sectionType":"section","heading":"Age—application of care and protection chapters if no","content":"338 Age—application of care and protection chapters if no\nproof of age\n(a) the Childrens Court, director-general or police officer is unable\nafter reasonable inquiry to find out a person’s age; and\n(b) the person appears, on reasonable grounds, to the Childrens\nCourt, the director-general or a police officer to be a child or\n(2) The person may be dealt with under the care and protection chapters\nas if the person were a child or young person and the care and\nprotection chapters applies to the person as if a reference to a child or\nyoung person included a reference to the person.\n\nApplication of care and protection chapters Part 10.1\n","sortOrder":315},{"sectionNumber":"339","sectionType":"section","heading":"Age—care and protection chapters stop applying if","content":"339 Age—care and protection chapters stop applying if\nperson discovered to be adult\n(1) This section applies if the Childrens Court, the director-general or a\npolice officer—\n(a) has dealt with a person as a child or young person; and\n(b) finds out that the person is not a child or young person.\n(2) Any order or agreement under the care and protection chapters\napplying to the person stops applying to the person.\n(3) No further proceeding may be taken under the care and protection\nchapters in relation to the person.\n(4) If the person—\n(a) is in a hospital or place of care under a provision of the care and\nprotection chapters—the provision ceases to apply to the person\nand the person must be released; and\n(b) is being confined at an intensive therapy place under an\nintensive therapy order—the person must be released.\nNote An official, or anyone engaging in conduct under the direction of an\nofficial, is not civilly liable for conduct engaged in honestly and without\nrecklessness in the exercise of a function under this Act or in the\nreasonable belief that the conduct was in the exercise of a function under\nthis Act. Any liability that would attach to an official attaches instead to\nthe Territory (see s 878).\n(5) This section does not apply to part 15.5 (Transition from out-of-home\ncare).\n\n","sortOrder":316},{"sectionNumber":"340","sectionType":"section","heading":"Care and protection chapters stop applying when young","content":"340 Care and protection chapters stop applying when young\nperson becomes adult\n(1) The care and protection chapters stop applying to a child or young\nperson when the child or young person becomes an adult.\n(2) Any order or agreement under the care and protection chapters\napplying to the child or young person stops applying to the child or\nyoung person when the child or young person becomes an adult.\n(3) A young person confined at an intensive therapy place under an\nintensive therapy order must be released immediately the young\nperson becomes an adult.\n(4) However, this section does not require the release of a person who\nhas been—\n(a) convicted of an offence and, for the conviction, is detained under\nan order or other decision of a court, including a court of a State;\nor\n(b) charged with an offence and is detained in relation to the charge.\n(5) This section does not apply to part 15.5 (Transition from out-of-home\ncare).\n\nImportant concepts—care and protection chapters Part 10.2\nPart 10.2 Important concepts—care and\n","sortOrder":317},{"sectionNumber":"341","sectionType":"section","heading":"Definitions—care and protection chapters","content":"341 Definitions—care and protection chapters\ncare and protection appraisal—see section 366.\ncare and protection assessment—see section 367.\ncare and protection principles—see section 350.\ncontact, with a person—see section 348.\nin need of care and protection, for a child or young person—see\nsection 345.\nsignificant harm—see section 344.\n(2) In the care and protection chapters:\nformer caregiver, for a child or young person—see section 347.\nparty, for an application—see section 700.\n","sortOrder":318},{"sectionNumber":"344","sectionType":"section","heading":"What is significant harm?","content":"344 What is significant harm?\nsignificant harm to a child or young person means any detrimental\neffect of a significant nature on the safety, welfare or wellbeing of the\n(2) Without limiting subsection (1), significant harm may be caused by\n1 or more of the following circumstances:\n(a) the child or young person experiencing—\n(i) sexual abuse, grooming or sexual exploitation; or\n\nPart 10.2 Important concepts—care and protection chapters\n(ii) physical or emotional abuse;\n(b) the child’s or young person’s basic physical, emotional,\ndevelopmental or psychological needs not being met;\n(c) the child or young person being exposed to family violence.\n(3) A circumstance mentioned in subsection (2) may relate to—\n(a) a single act, omission or circumstance; or\n(b) a combination or accumulation of acts, omissions or\ncircumstances.\nfamily violence—see the Family Violence Act 2016, section 8.\n","sortOrder":319},{"sectionNumber":"345","sectionType":"section","heading":"When are children and young people in need of care and","content":"345 When are children and young people in need of care and\nprotection?\n(1) For the care and protection chapters, a child or young person is in\nneed of care and protection if—\n(a) the child or young person is at risk of significant harm; and\n(b) no-one with parental responsibility for the child or young person\nis willing and able to protect the child or young person from the\nrisk of significant harm.\n(2) Without limiting subsection (1), a child or young person is in need of\ncare and protection if—\n(a) there is a serious or persistent conflict between the child or\nyoung person and the people with parental responsibility for the\nchild or young person (other than the director-general) to the\nextent that the care arrangements for the child or young person\nare, or are likely to be, seriously disrupted; or\n(b) the people with parental responsibility for the child or young\nperson are dead, have abandoned the child or young person or\ncannot be found after reasonable inquiry; or\n\nImportant concepts—care and protection chapters Part 10.2\n(c) the people with parental responsibility for the child or young\nperson are sexually or financially exploiting the child or young\nperson or not willing and able to keep the child or young person\nfrom being sexually or financially exploited.\n","sortOrder":320},{"sectionNumber":"346","sectionType":"section","heading":"Circumstances need not have arisen in ACT","content":"346 Circumstances need not have arisen in ACT\nFor the care and protection chapters, a belief or suspicion that a child\nor young person is at risk of significant harm may be based on\ncircumstances that arose wholly or partly outside the ACT.\n","sortOrder":321},{"sectionNumber":"347","sectionType":"section","heading":"Who is a former caregiver?","content":"347 Who is a former caregiver?\nformer caregiver means—\n(a) for a child or young person for whom it is proposed to make a\nvoluntary care agreement—the person who is providing care for\nthe child or young person when the agreement is proposed; or\n(b) for any other child or young person—a person who was\nproviding care for the child or young person immediately before\nparental responsibility for the child or young person was\ntransferred to the director-general or someone else by order of\nthe Childrens Court or operation of this Act, whether or not the\nperson had that aspect of parental responsibility for the child or\nyoung person at that time.\n(2) However, former caregiver does not include a person providing care\nfor the child or young person—\n(a) at a childcare centre, under a family day care scheme or\notherwise for reward; or\n(b) if the person provides care on a casual basis and is not a family\nmember.\n\nPart 10.2 Important concepts—care and protection chapters\n","sortOrder":322},{"sectionNumber":"348","sectionType":"section","heading":"What is contact with a person?","content":"348 What is contact with a person?\ncontact, with a person, means direct or indirect contact with the\nExamples—direct contact\nphysical or face to face contact with the person\nExamples—indirect contact\ncontact by an agent, by telephone or letter or by giving the person something\n\nPart 10.3 Principles and considerations—\nNotes to pt 10.3\nIn making a decision under the care and protection chapters for a child or young\nperson, the decision-maker must regard the best interests of the child or young\nperson as the paramount consideration (see s 8).\nIn making a decision under the care and protection chapters otherwise than in\nrelation to a particular child or young person, the decision-maker must consider\nthe best interests of children and young people (see s 8).\n","sortOrder":323},{"sectionNumber":"349","sectionType":"section","heading":"What is in best interests of child or young person?","content":"349 What is in best interests of child or young person?\n(1) For the care and protection chapters, in deciding what is in the best\ninterests of a child or young person, the need to ensure the child or\nyoung person is not at risk of significant harm must always be\nconsidered.\n(2) The decision-maker must also consider each of the following matters\nthat are relevant to the child or young person:\n(a) any views or wishes expressed by the child or young person;\n(b) the nature of the child’s or young person’s relationship with each\nparent and anyone else;\n(c) the likely effect on the child or young person of changes to the\nchild’s or young person’s circumstances, including separation\nfrom a parent or anyone else with whom the child or young\nperson has been living;\n(d) the practicalities of the child or young person maintaining\ncontact with each parent and anyone else with whom the child\nor young person has been living or with whom the child or\nyoung person has been having substantial contact;\n(e) the capacity of the child’s or young person’s parents, or anyone\nelse, to provide for the child’s or young person’s needs including\nemotional and intellectual needs;\n\n(f) for an Aboriginal or Torres Strait Islander child or young\nperson—the Aboriginal and Torres Strait Islander children and\nyoung people placement principles set out in section 10;\n(g) that it is important for the child or young person to have settled,\nstable and permanent living arrangements;\n(h) for decisions about placement of a child or young person—the\nneed to ensure that the earliest possible decisions are made about\na safe, supportive and stable placement;\n(i) the attitude to the child or young person, and to parental\nresponsibilities, demonstrated by each of the child’s or young\nperson’s parents or anyone else;\n(j) any significant harm to the child or young person, or a family\nmember of the child or young person;\n(k) any court order that applies to the child or young person, or a\nfamily member of the child or young person.\n(3) The decision-maker may also consider any other fact or circumstance\nthe decision-maker considers relevant.\n","sortOrder":324},{"sectionNumber":"350","sectionType":"section","heading":"Care and protection principles","content":"350 Care and protection principles\n(1) In making a decision under the care and protection chapters in relation\nto a child or young person, a decision-maker must apply the following\nprinciples (the care and protection principles) except when it is, or\nwould be, contrary to the best interests of a child or young person—\n(a) the primary responsibility for providing care and protection for\nthe child or young person lies with the child’s or young person’s\nparents and other family members;\n(b) priority must be given to supporting the child’s or young\nperson’s parents and other family members to provide for the\nsafety, welfare and wellbeing of the child or young person;\n\n(c) if the child or young person does not live with their family\nbecause of the operation of this Act—contact with their family,\nand significant people, must be encouraged, if practicable and\nappropriate;\n(d) if the child or young person is in need of care and protection and\nthe child’s or young person’s parents and other family members\nare unwilling or unable to provide the child or young person with\nadequate care and protection (whether temporarily or\npermanently)—it is the responsibility of the government to share\nor take over their responsibility;\n(e) if the child or young person does not live with the child’s or\nyoung person’s parents because of the operation of this Act—\nthe safety and wellbeing of the child are more important than the\ninterests of the parents;\n(f) a court should make an order for a child or young person only if\nthe court considers that making the order would be better for the\nchild or young person than making no order at all.\n(2) The care and protection principles must be applied in addition to the\nprinciples under section 9 (Principles applying to Act) and section 10\n(Aboriginal and Torres Strait Islander children and young people—\nplacement principles).\nNote The Maori children and young people principle may also apply if an order\nor proceeding is transferred to the ACT from New Zealand (see s 678).\n","sortOrder":325},{"sectionNumber":"351","sectionType":"section","heading":"Helping families understand care and protection","content":"351 Helping families understand care and protection\nprocedures\n(1) A decision-maker making a decision under the care and protection\nchapters in relation to a child or young person must endeavour to\nensure that the relevant people for the decision—\n(a) understand what the decision is going to be about; and\n(b) understand the decision-making process; and\n\n(c) know that the child or young person, and people with parental\nresponsibility for the child or young person, may take part in the\ndecision-making process and have their views and wishes heard;\nand\n(d) are informed of, and understand, the decision.\nNote 1 If a child or young person is the subject of a proceeding under this Act,\nthe director-general must give the child or young person sufficient\ninformation about the proceeding, in language and a way that the child or\nyoung person can understand, to allow the child or young person to take\npart fully in the proceeding (see Court Procedures Act 2004, s 74A\n(Participation of children and young people in proceedings)).\nNote 2 If the decision-maker is a court, the court must also endeavour to ensure\nthat the child or young person, and any other party present at the hearing\nof the proceeding, understands the nature and purpose of the proceeding\nand any orders and knows of their appeal rights (see Court Procedures\nAct 2004, s 74B (Court must ensure children and young people etc\nunderstand proceedings)).\n(2) The decision-maker must give the relevant people for the decision\nsufficient information about the decision-making process, in\nlanguage and a way that they can understand, to allow the child or\nyoung person, and people with parental responsibility for the child or\nyoung person to take part fully in the decision-making process.\nrelevant people, for a decision in relation to a child or young person,\nmeans—\n(a) the child or young person or, if the child is represented, the\nrepresentative of the child or young person; and\nNote Representation of children and young people is dealt with in the\nCourt Procedures Act 2004, pt 7A (Procedural provisions—\nproceedings involving children).\n\nNote 1 A child or young person has a right to take part in a proceeding under this\nAct in relation to the child or young person (see Court Procedures Act\n2004, s 74A (Participation of children and young people in proceedings)).\nNote 2 A court must also take steps to ensure that the child or young person and\nother people understand proceedings etc (see Court Procedures\nAct 2004, s 74B (Court must ensure children and young people etc\nunderstand proceedings)).\n","sortOrder":326},{"sectionNumber":"352","sectionType":"section","heading":"Views and wishes of children and young people","content":"352 Views and wishes of children and young people\n(1) A decision-maker making a decision in relation to a child or young\nperson under the care and protection chapters must give the child or\nyoung person a reasonable opportunity to express their views and\nwishes personally to the decision-maker, unless the decision-maker is\nsatisfied that the child or young person does not have sufficient\ndevelopmental capacity to express their views or wishes.\n(2) A decision-maker may find out the views and wishes of a child or\n(a) by having regard to—\n(i) anything said personally by the child or young person to\nthe decision-maker; or\n(ii) anything said by a representative of the child or young\nperson about the child’s or young person’s views or\nwishes; or\nNote Representation of children and young people is dealt with in\nthe Court Procedures Act 2004, pt 7A (Procedural\nprovisions—proceedings involving children).\n(iii) anything about the child’s or young person’s views or\nwishes contained in a report given to the decision-maker;\nor\n(b) in any other way the decision-maker considers appropriate.\n\n(3) A decision-maker must not require a child or young person to express\nthe child’s or young person’s views or wishes about anything.\n\nImportant concepts Division 10.4.1\nPart 10.4 Approved care and protection\norganisations\nDivision 10.4.1 Important concepts\n352A Meaning of organisation\norganisation means—\n(a) a corporation; or\n(b) another body prescribed by regulation.\n","sortOrder":327},{"sectionNumber":"352B","sectionType":"section","heading":"Meaning of care and protection purpose","content":"352B Meaning of care and protection purpose\ncare and protection purpose, for an organisation—\n(a) means any of the following purposes:\n(i) to provide kinship and foster care services;\n(ii) to provide residential care services;\n(iii) another purpose prescribed by regulation as a care and\nprotection purpose; but\n(b) does not include a purpose prescribed by regulation to not be a\ncare and protection purpose.\nNote Organisations approved as suitable entities for the purpose of providing\nkinship and foster care services or residential care services are dealt with\nin ch 15. See especially s 502, definitions of approved kinship and foster\ncare organisation and approved residential care organisation and\npt 15.4 (Out-of-home carers).\n\n","sortOrder":328},{"sectionNumber":"Div 10","sectionType":"division","heading":"4.2 Approved care and protection organisations—ongoing suitability","content":"Division 10.4.2 Approved care and protection organisations—ongoing suitability\n","sortOrder":329},{"sectionNumber":"352C","sectionType":"section","heading":"Meaning of approved care and protection organisation","content":"352C Meaning of approved care and protection organisation\napproved care and protection organisation means an organisation\napproved by the director-general under section 63 as a suitable entity\nfor a care and protection purpose.\nNote The purpose for which an organisation is approved must be recorded in\nthe suitable entities register (see s 72 (2) (b)).\n","sortOrder":330},{"sectionNumber":"352D","sectionType":"section","heading":"Meaning of responsible person for an approved care and","content":"352D Meaning of responsible person for an approved care and\nprotection organisation\nresponsible person, for an approved care and protection organisation,\nmeans an individual approved by the director-general under\nsection 63 as a suitable entity for the purpose of being responsible for\nthe services provided by the organisation in the ACT.\nDivision 10.4.2 Approved care and protection\norganisations—ongoing suitability\n","sortOrder":331},{"sectionNumber":"352E","sectionType":"section","heading":"Approved care and protection organisations—","content":"352E Approved care and protection organisations—\nresponsible person\nAn approved care and protection organisation must ensure that the\norganisation has at least 1 responsible person for the organisation at\nall times during the term of the approval.\n\nApproved care and protection organisations—complaints Division 10.4.3\n","sortOrder":332},{"sectionNumber":"352F","sectionType":"section","heading":"Approved care and protection organisations—monitoring","content":"352F Approved care and protection organisations—monitoring\n(1) The director-general may monitor an approved care and protection\norganisation’s ongoing suitability to be an approved care and\nprotection organisation.\n(2) In monitoring an organisation’s ongoing suitability, the\ndirector-general may require the organisation to give a report to the\ndirector-general about the organisation’s suitability.\n(3) The director-general may make guidelines for monitoring approved\ncare and protection organisations (the monitoring guidelines).\n(4) A monitoring guideline is a disallowable instrument.\nDivision 10.4.3 Approved care and protection\norganisations—complaints\n","sortOrder":333},{"sectionNumber":"352G","sectionType":"section","heading":"Meaning of noncompliant","content":"352G Meaning of noncompliant\nAn approved care and protection organisation is noncompliant if the\norganisation is acting in a way that is inconsistent with the\norganisation’s approval as a suitable entity for the care and protection\npurpose for which it is approved.\n","sortOrder":334},{"sectionNumber":"352H","sectionType":"section","heading":"Complaints—making a complaint","content":"352H Complaints—making a complaint\n(1) If a person believes on reasonable grounds that an approved care and\nprotection organisation is noncompliant, the person may make a\ncomplaint to the director-general about the noncompliance.\n(2) A complaint must—\n(b) include the name and address of the person making the\ncomplaint (the complainant).\n\nDivision 10.4.3 Approved care and protection organisations—complaints\n(3) However, a complaint—\n(a) may be made orally if the director-general is satisfied on\nreasonable grounds that exceptional circumstances justify action\nwithout a written complaint; and\nExample—exceptional circumstances\nWaiting until the complaint is put in writing would make action in response\nto the complaint impossible or impractical.\n(b) need not include the complainant’s name and address if the\ndirector-general is satisfied on reasonable grounds that\nexceptional circumstances justify action without the\ncomplainant’s name and address.\n(4) If a complaint is made orally under subsection (3) (a), the\ndirector-general must make a written record of the complaint as soon\nas practicable.\n(5) If a complaint does not include the complainant’s name and address\nunder subsection (3) (b), the director-general need not report to the\ncomplainant under—\n(a) section 352K (Complaints—investigation); or\n(b) section 352M (Complaints—action after investigation).\n(6) The director-general may make arrangements for people with\nparticular communication needs to ensure they have adequate\nopportunity to make a complaint.\n","sortOrder":335},{"sectionNumber":"352I","sectionType":"section","heading":"Complaints—withdrawing a complaint","content":"352I Complaints—withdrawing a complaint\n(1) A complainant may withdraw the complaint at any time by written\nnotice to the director-general.\n(2) If the complainant withdraws the complaint, the director-general—\n(a) need not, but may, take further action on the complaint; and\n\nApproved care and protection organisations—complaints Division 10.4.3\n(b) if the director-general takes further action—need not report to\nthe complainant under section 352M (Complaints—action after\ninvestigation) on the results of taking the action.\n","sortOrder":336},{"sectionNumber":"352J","sectionType":"section","heading":"Complaints—further information or verification","content":"352J Complaints—further information or verification\n(1) The director-general may, at any time, require a complainant to give\nthe director-general—\n(a) further information about the complaint; or\n(b) a written statement verifying all or part of the complaint.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(2) If the director-general makes a requirement, the director-general must\ngive the complainant a reasonable period of time to satisfy the\nrequirement and may extend that period, whether before or after it\nends.\n(3) If the complainant does not comply with a requirement, the\ndirector-general need not, but may, take further action on the\ncomplaint.\n","sortOrder":337},{"sectionNumber":"352K","sectionType":"section","heading":"Complaints—investigation","content":"352K Complaints—investigation\n(1) The director-general must take reasonable steps to investigate each\ncomplaint the director-general accepts for consideration.\n(2) Before investigating a complaint, the director-general must—\n(a) tell the complainant, in writing, that the complaint is to be\ninvestigated; and\n(b) tell the approved care and protection organisation the subject of\nthe complaint, in writing—\n(i) that the director-general has received a complaint about the\norganisation; and\n\nDivision 10.4.3 Approved care and protection organisations—complaints\n(ii) the details of the complaint; and\n(iii) that the director-general is going to investigate the\ncomplaint; and\n(iv) that the organisation may make an oral or written\nsubmission to the director-general about the complaint.\n(3) However, if the director-general considers that disclosure of a\nparticular detail of the complaint (including the complainant’s name\nor address) may have an adverse effect on the complainant, the\ndirector-general—\n(a) must not disclose the detail; and\n(b) may instead include a general statement about the detail.\n","sortOrder":338},{"sectionNumber":"352L","sectionType":"section","heading":"Complaints—no further action","content":"352L Complaints—no further action\nThe director-general must not take further action on a complaint if\nsatisfied that the complaint—\n(a) lacks substance; or\n(b) is frivolous, vexatious or was not made genuinely; or\n(c) has been adequately dealt with.\n","sortOrder":339},{"sectionNumber":"352M","sectionType":"section","heading":"Complaints—action after investigation","content":"352M Complaints—action after investigation\n(1) After investigating a complaint against an approved care and\nprotection organisation, the director-general must—\n(a) if satisfied on reasonable grounds that the organisation is\nnoncompliant—give the organisation—\n(i) a noncompliance notice; or\n(ii) a noncompliance direction; or\n\n(iii) an intention to cancel notice; and\nNote Noncompliance notice—see s 352N.\nNoncompliance direction—see s 352O.\nIntention to cancel notice—see s 352Q.\n(b) if not satisfied that the organisation is noncompliant—\n(i) tell the complainant, in writing, that the director-general\nwill not take further action on the complaint; and\n(ii) not take further action on the complaint.\n(2) Subsection (1) (b) (ii) does not prevent the director-general from\ntaking further action on a complaint if the director-general later\nbecomes satisfied that the organisation is noncompliant.\nNote The director-general need not notify the complainant under s (1) if—\n• the complaint does not include the complainant’s name and address\n(see s 352H); or\n• the complainant has withdrawn the complaint (see s 352I).\nDivision 10.4.4 Approved care and protection\norganisations—intervention\n","sortOrder":340},{"sectionNumber":"352N","sectionType":"section","heading":"Intervention—noncompliance notice","content":"352N Intervention—noncompliance notice\n(1) This section applies if the director-general suspects on reasonable\ngrounds that an approved care and protection organisation is\nnoncompliant or likely to become noncompliant.\n(2) The director-general may give the organisation a notice about the\nnoncompliance (a noncompliance notice).\n(3) A noncompliance notice must—\n(b) state the action that is noncompliant; and\n(c) describe how the action is noncompliant; and\n\n(d) invite the organisation to make an oral or written submission to\nthe director-general about the noncompliance; and\na submission describing how the organisation has changed a procedure to be\nconsistent with the approval\n(e) state a reasonable date (the due date) for responding to an\ninvitation in paragraph (d).\n","sortOrder":341},{"sectionNumber":"352O","sectionType":"section","heading":"Intervention—noncompliance direction","content":"352O Intervention—noncompliance direction\n(i) suspects on reasonable grounds that an approved care and\nprotection organisation is noncompliant or likely to\nbecome noncompliant; and\n(ii) considers that the noncompliance would be better dealt\nwith under this section than by giving the organisation a\nnoncompliance notice; or\n(b) the director-general has given an approved care and protection\norganisation a noncompliance notice about the noncompliance\nand the organisation—\n(i) has not responded during the submission period; or\n(ii) has responded by the due date but the director-general is\nsatisfied that the organisation is still noncompliant or likely\nto become noncompliant.\n(2) The director-general may give the organisation a direction to end the\nnoncompliance (a noncompliance direction).\n(3) A noncompliance direction must—\n(b) state the action that is noncompliant; and\n\n(c) describe how the action is noncompliant; and\n(d) state the action to be taken, or not taken, to end the\nnoncompliance; and\n(e) state a reasonable time for the organisation to comply with the\ndirection; and\n(f) state that the organisation may make an oral or written\nsubmission to the director-general about the noncompliance.\n","sortOrder":342},{"sectionNumber":"352P","sectionType":"section","heading":"Intervention—suspension if child or young person unsafe","content":"352P Intervention—suspension if child or young person unsafe\n(a) a child or young person is receiving a service from an approved\ncare and protection organisation; and\n(b) the child or young person is unsafe; and\n(c) the exercise of the director-general’s powers under this section\nis necessary to protect the child or young person.\nNote An authorised person may, at any reasonable time, enter premises where\n(2) The director-general may give the approved care and protection\norganisation a written notice (a safety suspension notice) suspending\n1 or more of the organisation’s approvals under section 63 for care\nand protection purposes for a period not longer than 28 days.\nNote Care and protection purpose—see s 352B.\n(3) If an organisation’s approval is suspended by a safety suspension\nnotice and the organisation holds an authorisation under section 520\n(Residential care service—general parental authority), the\norganisation’s authorisation under section 520 is also suspended for\nthe period of the safety suspension notice.\n\n(4) A safety suspension notice must include a statement advising the care\nand protection organisation that the organisation may make a written\nsubmission to the director-general about the suspension.\n(5) If the director-general gives a safety suspension notice to an approved\ncare and protection organisation, the director-general must also take\nreasonable steps to tell a person with daily care responsibility for each\nchild or young person likely to be affected about the suspension.\n","sortOrder":343},{"sectionNumber":"352Q","sectionType":"section","heading":"Intervention—intention to cancel notice","content":"352Q Intervention—intention to cancel notice\n(i) suspects on reasonable grounds that an approved care and\nprotection organisation is noncompliant or likely to\nbecome noncompliant; and\n(ii) considers that the noncompliance would be better dealt\nwith under this section than by giving the organisation a\nnoncompliance notice or noncompliance direction; or\n(b) the director-general has given an approved care and protection\norganisation a noncompliance direction about the\nnoncompliance and the organisation has not complied with the\ndirection.\n(2) The director-general may give the organisation notice that the\ndirector-general intends to cancel the organisation’s approval\n(an intention to cancel notice).\n(3) An intention to cancel notice must—\n(b) state that the director-general intends to cancel the\norganisation’s approval because of the organisation’s failure to\ncomply with the noncompliance direction; and\n\n(c) state that the organisation may give a written submission to the\ndirector-general showing cause why the organisation’s approval\nshould not be cancelled; and\n(d) state that submissions may be given to the director-general only\nduring the 28 working days after the day the intention to cancel\nnotice is given to the organisation.\n(4) If the director-general gives an intention to cancel notice to an\norganisation, the director-general must also take reasonable steps to\ntell a person with daily care responsibility for each child or young\nperson likely to be affected about the notice.\n","sortOrder":344},{"sectionNumber":"352R","sectionType":"section","heading":"Intervention—cancellation","content":"352R Intervention—cancellation\n(1) This section applies if the director-general gives an approved care and\nprotection organisation an intention to cancel notice under\nsection 352Q.\n(2) If the organisation makes a submission in accordance with the\nintention to cancel notice, the director-general—\n(a) must consider the submission; and\n(b) may consider any other relevant matter; and\n(c) must decide to either—\n(i) cancel the organisation’s approval; or\n(ii) revoke the intention to cancel notice.\n(3) If the organisation does not make a submission in accordance with\nthe intention to cancel notice, the director-general must cancel the\norganisation’s approval.\n(4) If the director-general decides to revoke the intention to cancel notice,\nthe director-general must tell the following people about the decision:\n(a) the organisation;\n\n(b) anyone else who was told under section 352Q (4) about the\nintention to cancel notice.\n","sortOrder":345},{"sectionNumber":"352S","sectionType":"section","heading":"Intervention—cancellation notice","content":"352S Intervention—cancellation notice\n(1) This section applies if the director-general decides to cancel an\napproved care and protection organisation’s approval under\nsection 352R.\n(2) The director-general must give a written notice (a cancellation\nnotice) to the organisation, cancelling the approval starting on the\ndate stated in the notice (the cancellation date).\n(3) If the director-general gives a cancellation notice to the organisation,\nthe director-general must also take reasonable steps to tell a person\nwith daily care responsibility for each child or young person likely to\nbe affected about the cancellation.\n(4) The cancellation notice must be given to the organisation at least—\n(a) 20 working days before the cancellation date; or\n(b) if the director-general decides another day that is a day before\nthe cancellation date—the other day.\n","sortOrder":346},{"sectionNumber":"352T","sectionType":"section","heading":"Intervention—guidelines","content":"352T Intervention—guidelines\n(1) The director-general may make guidelines for this division\n(the intervention guidelines).\n(2) An intervention guideline is a disallowable instrument.\n\nApproved care and protection organisations—surrendering approval Division 10.4.5\nDivision 10.4.5 Approved care and protection\norganisations—surrendering approval\n","sortOrder":347},{"sectionNumber":"352U","sectionType":"section","heading":"Surrendering approval","content":"352U Surrendering approval\n(1) An approved care and protection organisation may surrender the\napproval by giving written notice of the surrender to the\n(2) The surrender takes effect only after the director-general notifies the\norganisation that the surrender has been accepted.\nDivision 10.4.6 Approved care and protection\norganisations register\n","sortOrder":348},{"sectionNumber":"352V","sectionType":"section","heading":"Approved care and protection organisations register","content":"352V Approved care and protection organisations register\n(1) The director-general must keep a record of organisations that are\napproved care and protection organisations (the organisations\nregister).\n(2) The organisations register must include the following details for each\napproved care and protection organisation:\n(a) the name of the organisation;\n(b) the organisation’s ABN (if any);\n(c) if the organisation is a corporation—the corporation’s ACN;\n(d) a unique approval number;\n(e) the name of the responsible person for the organisation;\n(f) the care and protection purpose for which the organisation is\napproved;\n(g) any of the following given to the organisation:\n(i) a noncompliance notice;\n\nDivision 10.4.6 Approved care and protection organisations register\n(ii) a noncompliance direction;\n(iii) a safety suspension notice;\n(iv) an intention to cancel notice;\n(v) a cancellation notice;\n(h) if the organisation’s approval has been cancelled at any time—\ndetails of the cancellation;\n(i) anything else prescribed by regulation.\n(3) The organisations register may include anything else the\ndirector-general considers is in the public interest.\n(4) The organisations register may be kept in any form, including\nelectronically, that the director-general decides.\n(5) The director-general must make the organisations register publicly\naccessible.\nExample—publicly accessible\npublished on the directorate website\n\nDefinitions Division 11.1.1\nChapter 11 Care and protection—reporting\nand assessing risk of\nPart 11.1 Care and protection—reporting\nrisk of significant harm\nDivision 11.1.1 Definitions\n353 Definitions—Act\nmandatory report—see section 356.\nprenatal report—see section 362 (2).\nvoluntary report—see section 354 (2).\n","sortOrder":349},{"sectionNumber":"Div 11","sectionType":"division","heading":"1.2 Reporting risk of significant harm to","content":"Division 11.1.2 Reporting risk of significant harm to\n","sortOrder":350},{"sectionNumber":"354","sectionType":"section","heading":"Voluntary reporting of risk of significant harm","content":"354 Voluntary reporting of risk of significant harm\n(1) This section applies if a person believes or suspects that a child or\nyoung person is at risk of significant harm.\n(2) The person may report (a voluntary report) the belief or suspicion,\nand the reasons for the belief or suspicion, to the director-general.\nthis section does not breach professional ethics and is protected from civil\nliability (see s 874).\n\n","sortOrder":351},{"sectionNumber":"355","sectionType":"section","heading":"Offence—false or misleading voluntary report","content":"355 Offence—false or misleading voluntary report\n(a) the person makes a voluntary report; and\n","sortOrder":352},{"sectionNumber":"356","sectionType":"section","heading":"Offence—mandatory reporting of significant harm","content":"356 Offence—mandatory reporting of significant harm\n(a) the person is a mandated reporter; and\n(b) the person is an adult; and\n(c) the person believes on reasonable grounds that a child or young\nperson has experienced, or is experiencing—\n(i) sexual abuse; or\n(ii) non-accidental physical injury; and\n(d) the person’s reasons for the belief arise from information\nobtained by the person during the course of, or because of, the\nperson’s work (whether paid or unpaid); and\n(e) the person does not, as soon as practicable after forming the\nbelief, report (a mandatory report) to the director-general—\n(i) the child’s or young person’s name or description; and\n\n(ii) the reasons for the person’s belief.\nthis section does not breach professional ethics and is protected from civil\nliability (see s 874).\n(2) A person who is or was a member of the clergy of a church or\nreligious denomination is not entitled to refuse to make a mandatory\nreport because it contains information communicated to the member\nduring a religious confession.\neducation and care service—see the Education and Care Services\neducator—\n(a) means an educator within the meaning of the Education and\nCare Services National Law (ACT), section 5; but\n(b) does not include an educator in a family day care service.\nfamily day care co-ordinator—see the Education and Care Services\nfamily day care service—see the Education and Care Services\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\n\nmandated reporter—each of the following people is a mandated\nreporter:\n(a) a doctor;\n(b) a dentist;\n(c) a nurse;\n(d) an enrolled nurse;\n(e) a midwife;\nNote Doctor, dentist, nurse, enrolled nurse and midwife are defined in the\nLegislation Act, dict, pt 1.\n(f) a psychologist;\n(g) a teacher at a school;\n(h) a person authorised to inspect education programs, materials or\nother records used for home education of a child or young person\nunder the Education Act 2004;\n(i) a police officer;\n(j) a person employed to counsel children or young people at a\nschool;\n(k) a person caring for a child at a childcare centre;\n(l) a family day care co-ordinator;\n(m) an educator;\n(n) an education and care service provider;\n(o) a public servant who, in the course of employment as a public\nservant, works with, or provides services personally to, children\nand young people or families;\n(p) the public advocate;\n\n(q) the Aboriginal and Torres Strait Islander children and young\n(r) an official visitor;\n(s) a minister of religion, religious leader or member of the clergy\nof a church or religious denomination;\n(t) a person who, in the course of the person’s employment, has\ncontact with or provides services to children, young people and\ntheir families and is prescribed by regulation.\nperson caring for a child at a childcare centre includes a childcare\nassistant or aide caring for a child at the childcare centre if the\nassistant or aide is in paid employment at the childcare centre, but\ndoes not include anyone caring for a child as an unpaid volunteer.\npsychologist means a person registered under the Health Practitioner\nRegulation National Law (ACT) to practise in the psychology\nprofession (other than as a student).\nreligious confession means a confession made by a person to a\nmember of the clergy in the member’s professional capacity\naccording to the ritual of the member’s church or religious\ndenomination.\nteacher, at a school, includes a teacher’s assistant or aide if the\nassistant or aide is in paid employment at the school.\n","sortOrder":353},{"sectionNumber":"357","sectionType":"section","heading":"Mandatory reporting—exceptions","content":"357 Mandatory reporting—exceptions\n(1) Section 356 does not apply to a person if the person believes on\n(a) someone else has made a report to the director-general about the\nsame child or young person in relation to the same abuse or non-\naccidental physical injury; and\n(b) the other person has reported the same reasons for their belief as\nthe person has for their belief.\n\n(2) Section 356 (1) (c) (ii) does not apply to a person if the person\n(a) the child or young person (the injured person) has experienced,\nor is experiencing, non-accidental physical injury caused by\nanother child or young person; and\n(b) a person with parental responsibility for the injured person is\nwilling and able to protect the injured person from further injury.\nExample—par (b)\nA child is injured during a fight at school. The child’s teacher believes that\na person with parental responsibility for the child is willing and able to\nprotect the child from further injury because the person comes to the school\nto discuss strategies for preventing further fights.\n","sortOrder":354},{"sectionNumber":"358","sectionType":"section","heading":"Offence—false or misleading mandatory report","content":"358 Offence—false or misleading mandatory report\n(a) the person makes a mandatory report; and\n\n","sortOrder":355},{"sectionNumber":"359","sectionType":"section","heading":"Reports made to public advocate or Aboriginal and","content":"359 Reports made to public advocate or Aboriginal and\nTorres Strait Islander children and young people\n(a) a person believes or suspects that a child or young person is at\nrisk of significant harm; and\n(b) the person reports the belief or suspicion, and the reasons for the\nbelief or suspicion, to the public advocate or Aboriginal and\n(2) The public advocate or Aboriginal and Torres Strait Islander children\nand young people commissioner must give the director-general a\ncopy of the report.\n(3) The report is taken to be a voluntary report.\n(4) The person who made the report to the public advocate or Aboriginal\nand Torres Strait Islander children and young people commissioner is\ntaken to have made a voluntary report.\nNote 1 There are limits on how the report may be used in evidence (see pt 25.5).\nNote 2 Giving false or misleading information to the public advocate or\ncommissioner is an offence (see Criminal Code, s 338).\n","sortOrder":356},{"sectionNumber":"360","sectionType":"section","heading":"Assessing risk of significant harm","content":"360 Assessing risk of significant harm\n(a) receives a voluntary report or a mandatory report about a child\nor young person; or\n(b) otherwise believes or suspects that a child or young person may\nbe at risk of significant harm.\n(2) The director-general must carry out the assessment the\ndirector-general considers necessary to decide whether the child or\nyoung person is at risk of significant harm.\n\n(3) While carrying out the assessment, the director-general may also\nprovide, or assist in providing, services to strengthen and support the\nsafety, welfare and wellbeing of the child or young person and their\nfamily.\n(4) The director-general must, as soon as practicable, attempt to identify\nwhether the child is an Aboriginal or Torres Strait Islander child or\n(5) The director-general may refer a matter raised in a report, or that the\ndirector-general otherwise becomes aware of, to the chief police\nofficer if the director-general suspects that it relates to a criminal\nDivision 11.1.3 Prenatal reporting of anticipated risk\nof significant harm\n","sortOrder":357},{"sectionNumber":"362","sectionType":"section","heading":"Prenatal reporting—anticipated risk of significant harm","content":"362 Prenatal reporting—anticipated risk of significant harm\n(1) This section applies if, during a pregnancy, a person believes or\nsuspects that a child who may be born as a result of the pregnancy\nmay be at risk of significant harm after the child is born.\n(2) The person may report (a prenatal report) the belief or suspicion, and\nthe reasons for the belief or suspicion, to the director-general.\n(3) The director-general may, with the consent of the pregnant woman,\ntake the action the director-general considers appropriate in relation\nto the report.\n(4) Without limiting subsection (3), the director-general may do any of\nthe following with the consent of the pregnant woman:\n(a) provide a voluntary assessment of whether the child is likely to\nbe in need of care and protection after the child is born;\n(b) provide or arrange voluntary support services for the pregnant\nwoman, and any family member who may be involved in caring\nfor the child;\n\n(c) refer the matters raised in the report to a government or\ncommunity-based service for advice and support services for the\npregnant woman and any family member who may be involved\nin caring for the child.\n(5) The director-general may also, without the consent of the pregnant\nwoman, give advice to the person who made the report about\nappropriate assistance for the pregnant woman that the person may\nconsider.\ncontact details for support services\n(6) The director-general may also ask the pregnant woman to consent to\nthe director-general doing either or both of the following:\n(a) giving prenatal information to a prenatal information sharing\nentity;\n(b) asking a prenatal information sharing entity for prenatal\n(7) If the pregnant woman does not consent under subsection (6), the\ndirector-general may give the prenatal information to the prenatal\ninformation sharing entity, or ask the prenatal information sharing\nentity for the prenatal information, only if the director-general\nsuspects on reasonable grounds that the child may be in need of care\nand protection after the child is born.\n(8) The director-general is not required to act in relation to a report under\nthis section.\n\n(9) The director-general must ensure, as far as practicable, that any action\ntaken because of this section is appropriate and consistent with the\npregnant woman’s human rights.\nthis section does not breach professional ethics etc and is protected from\ncivil liability (see s 874).\n(10) In this section:\nprenatal information means information that is relevant to the safety,\nwellbeing and development of a child after the child is born.\nExamples—information relevant to safety, wellbeing and development of\nchild\n1 information needed to assess any likely risks to the child after birth\n2 information needed to develop voluntary strategies to engage the pregnant\nwoman before the birth\n3 information needed to develop intervention plans to be implemented at birth\nthat are proportionate and appropriate to the level of risk\n4 information needed to decide whether a care and protection application should\nbe made for the child at birth\n5 information needed to assess the father’s parenting capacity, including the\nfather’s ability and willingness to protect the child after birth\n6 information needed to engage other family members to be voluntarily involved\nin protecting the child after birth\nprenatal information sharing entity means any of the following:\n(a) a person who would be involved in the care of the child after the\nchild’s birth;\n(b) a Minister;\n(c) a health facility;\n(d) a police officer or a member of a police service or force of a\nState;\n\n(e) an entity established under a law of a State or the\n(f) the holder of a position established under a law of a State or the\n(g) any of the following entities that would, after the child’s birth,\nprovide a service to, or have contact with, the child or a person\nwho would be involved in the care of the child:\n(i) an administrative unit;\n(ii) a territory authority (other than the legal aid commission);\n(iii) a territory instrumentality;\n(iv) a public employee (other than a judge or magistrate);\n(v) a community-based service.\n","sortOrder":358},{"sectionNumber":"363","sectionType":"section","heading":"Offence—false or misleading prenatal report","content":"363 Offence—false or misleading prenatal report\n(a) the person makes a prenatal report; and\n\n","sortOrder":359},{"sectionNumber":"364","sectionType":"section","heading":"How prenatal reports may be used in evidence","content":"364 How prenatal reports may be used in evidence\n(1) This section applies if a person honestly and without recklessness\nmakes a prenatal report.\n(2) The report, or evidence of the contents of the report, is admissible in\nevidence in a proceeding in a court only if—\n(a) the report or evidence is given to the court by the person who\nmade the report; or\n(b) the proceeding is before the Childrens Court, under chapter 11\n(Care and protection—reporting and assessing risk of significant\nharm) or chapter 14 (Care and protection—care and protection\norders), in relation to the child born as a result of the pregnancy\nthat is the subject of the report; or\n(c) the proceeding is before a court hearing an appeal from a\ndecision of the Childrens Court in a proceeding mentioned in\nparagraph (b); or\n(d) the proceeding is about a charge or allegation made in a\nproceeding against a person in relation to the person’s exercising\na function under this Act.\n","sortOrder":360},{"sectionNumber":"365","sectionType":"section","heading":"Prenatal report information is sensitive information","content":"365 Prenatal report information is sensitive information\n(1) For the definition of sensitive information in section 845, prenatal\nreport information is also sensitive information.\nprenatal report information means information—\n(a) in a prenatal report; or\n(b) received by the director-general under section 362; or\n(c) that would allow the information mentioned in paragraph (a)\nor (b) to be worked out; or\n\n(d) that identifies a person as a person who gave the information\nmentioned in paragraph (a) or (b); or\n(e) that would allow a person’s identity as a person who gave the\ninformation mentioned in paragraph (a) or (b) to be worked out.\n\n","sortOrder":361},{"sectionNumber":"366","sectionType":"section","heading":"What is a care and protection appraisal?","content":"366 What is a care and protection appraisal?\ncare and protection appraisal, of a child or young person—\n(a) means an appraisal of the child’s or young person’s\n(b) may, but need not, include the director-general carrying out 1 or\nmore of the following activities:\n(i) a visual examination of the child or young person or\nsomeone else;\n(ii) an interview of the child or young person or someone else;\n(iii) giving information to someone;\n(iv) asking someone to give information to the director-general;\n(v) making inquiries about the child or young person or\nsomeone else;\n(vi) arranging for a care and protection assessment of the child\nor young person or someone else;\n(vii) asking the child or young person or someone else to attend\na stated place at a stated time for the appraisal or a care and\nprotection assessment;\n(viii) asking the child or young person or someone else to\ncomply with any arrangement made by the director-general\nfor the appraisal or a care and protection assessment.\n\nDefinitions Division 11.2.1\n","sortOrder":362},{"sectionNumber":"367","sectionType":"section","heading":"What is a care and protection assessment?","content":"367 What is a care and protection assessment?\ncare and protection assessment of a person—\n(a) means any of the following carried out by an authorised assessor\nfor section 438 (Care and protection assessment—authorisation\nof assessors):\n(i) a medical examination or test of the person;\n(ii) a dental examination or test of the person;\n(iii) a social assessment of the person;\n(iv) a paediatric or developmental assessment of the person;\n(v) a psychological examination or test of the person;\n(vi) a psychiatric examination or test of the person;\n(vii) if the person is a parent or other person with parental\nresponsibility—an assessment of the person’s parenting\ncapacity; but\n(b) does not include an assessment, examination or test that—\n(i) involves surgery; or\n(ii) is prescribed by regulation.\nNote A person authorised under s 438 (Care and protection assessment—\nauthorisation of assessors) must be suitably qualified for the assessment\n(see s 438 (2)).\n\n","sortOrder":363},{"sectionNumber":"368","sectionType":"section","heading":"Care and protection appraisal—power to carry out","content":"368 Care and protection appraisal—power to carry out\n(1) The director-general may carry out a care and protection appraisal of\na child or young person if, after considering a voluntary report or a\nmandatory report about the child or young person, the\ndirector-general believes the child or young person may be at risk of\nsignificant harm.\n(2) However, the director-general may carry out a care and protection\nappraisal of the child or young person only if—\n(i) has the agreement, under section 369 (1), of at least\n1 parent or other person who has daily care responsibility\n(ii) has notified, under section 369 (4), any other parent or\nperson who has daily care responsibility for the child or\nyoung person (unless, under section 369 (5), notice is not\nrequired); or\n(b) an appraisal order in force for the child or young person\nauthorises the carrying out of the appraisal; or\n(c) section 370 (Care and protection appraisal—obtaining\nagreement not in best interests of child or young person etc)\napplies and the appraisal is carried out under section 371 (Care\nand protection appraisal—visual examination and interview); or\n(d) the director-general has daily care responsibility for the child or\nyoung person, or shares it with another person.\n\nAppraisal by director-general Division 11.2.2\n","sortOrder":364},{"sectionNumber":"369","sectionType":"section","heading":"Care and protection appraisal—obtaining agreement etc","content":"369 Care and protection appraisal—obtaining agreement etc\n(1) When seeking the agreement of a person for section 368 (2) (a) (i),\nthe director-general must tell the person the following:\n(a) the purpose of the appraisal;\n(b) if the appraisal is to include a care and protection assessment of\nthe child or young person—the kind of assessment;\n(c) that agreement may be refused;\n(d) if agreement is refused, the kind of appraisal the director-general\nmay carry out under section 371 (Care and protection\nappraisal—visual examination and interview).\n(2) Agreement to the appraisal may be given orally.\n(3) The director-general must keep a written record of the agreement to\nthe appraisal.\n(4) When notifying a person for section 368 (2) (a) (ii), the\ndirector-general must tell the person—\n(a) the purpose of the appraisal; and\n(b) if the appraisal is to include a care and protection assessment of\nthe child or young person—the kind of assessment.\n(5) The director-general is not required to notify a person under\nsection 368 (2) (a) (ii) if satisfied that—\n(a) it would not be in the best interests of the child or young person\nto notify the person; or\n(b) it is not possible or reasonably practicable in the circumstances\nto do so.\nExample—par (b)\ndespite reasonable efforts, contact details for a parent cannot be found\n\n","sortOrder":365},{"sectionNumber":"370","sectionType":"section","heading":"Care and protection appraisal—obtaining agreement not","content":"370 Care and protection appraisal—obtaining agreement not\nin best interests of child or young person etc\n(1) This section applies if the director-general suspects on reasonable\ngrounds that obtaining agreement to carry out an appraisal from a\nparent or other person with daily care responsibility for a child or\n(a) is not in the best interests of the child or young person; or\n(b) would be likely to jeopardise a criminal investigation.\nExamples par (a)—not in the best interests of child or young person\n1 the parent or other person with daily care responsibility is the subject of an\nallegation of causing significant harm to the child or young person\n2 the parent’s contact with the child or young person is not allowed, or is limited,\nunder a court order (under this Act or another law in force in the Territory)\n(2) The director-general may carry out a care and protection appraisal\nunder section 371.\n","sortOrder":366},{"sectionNumber":"371","sectionType":"section","heading":"Care and protection appraisal—visual examination and","content":"371 Care and protection appraisal—visual examination and\ninterview\n(1) If section 370 applies in relation to a child or young person, the\ndirector-general may carry out an appraisal that consists only of—\n(a) a visual examination of the child or young person; and\n(b) an interview of the child or young person.\n(2) If the child or young person is a student at a school, a patient at a\nhealth facility or being cared for by a childcare service, the\ndirector-general—\n(a) may enter the school, health facility or childcare service to\nvisually examine or interview the child or young person; and\n\nAppraisal by director-general Division 11.2.2\n(b) if entering the school, health facility or childcare service,\n(i) produce the director-general’s identity card; and\n(ii) tell the person in charge of the school, health facility or\nchildcare service the purpose of the entry.\n(3) After the director-general visually examines or interviews the child\nor young person, the director-general must take reasonable steps to\ntell at least 1 parent or other person who has daily care responsibility\nfor the child or young person that the examination or interview has\nbeen carried out.\n(4) Subsection (3) does not apply in relation to a person if the\ndirector-general suspects on reasonable grounds that telling the\n(a) is not in the best interests of the child or young person; or\n(b) would be likely to jeopardise a criminal investigation.\n(5) This section does not affect the director-general’s capacity to—\n(a) do anything mentioned in section 360 (3) (Assessing risk of\nsignificant harm); or\n(b) take emergency action in relation to the child or young person\nunder section 406 (Emergency action—criteria for taking\nemergency action); or\n(c) apply to the Childrens Court for a care and protection order\nunder section 424 (Care and protection order—application by\ndirector-general); or\n(d) give information under part 25.3 (Sharing protected\ninformation).\n\nNote to div 11.2.3\nThe director-general may ask the chief police officer for assistance in taking action\nunder an appraisal order. The chief police officer must, if asked, give assistance to\nthe director-general by assigning police officers to assist the director-general in\ncarrying out the action (see s 679).\n","sortOrder":367},{"sectionNumber":"372","sectionType":"section","heading":"What is an appraisal order?","content":"372 What is an appraisal order?\nappraisal order—\n(a) means an order authorising the director-general to carry out a\ncare and protection appraisal of a child or young person; and\nNote A care and protection appraisal may include a care and protection\nassessment (see s 366).\n(b) may, but need not, include 1 or more of the following\nrequirements:\n(i) that a person attend, alone or with someone else, at a stated\nplace at a stated time for the appraisal;\n(ii) that a person or entity comply with arrangements made by\nthe director-general for the appraisal;\n(iii) that a person or entity allow entry to a stated place for the\nappraisal;\n(iv) that a person or entity give the director-general information\nabout the care, wellbeing or development of a child or\n(v) that something be produced to the court or given to the\ndirector-general or someone else;\n\n(vi) that a person not have contact with the child or young\nperson, or not have contact with the child or young person\nexcept if a stated person or a person of a stated class is\npresent; and\nNote Contact includes indirect contact (see s 348).\n(c) may, but need not, include a temporary parental responsibility\nprovision.\n","sortOrder":368},{"sectionNumber":"373","sectionType":"section","heading":"What is a temporary parental responsibility provision?","content":"373 What is a temporary parental responsibility provision?\ntemporary parental responsibility provision—\n(a) means a provision in an appraisal order for a child or young\nperson that transfers daily care responsibility for the child or\nyoung person to the director-general; and\n(b) may provide for the director-general to enter and search any\nplace the director-general believes on reasonable grounds the\nchild or young person is, to find the child or young person.\nNote 1 A temporary parental responsibility provision must not be longer than\n4 weeks (see s 384).\nNote 2 The director-general may ask the chief police officer for assistance in\ncarrying out a temporary parental responsibility provision in an appraisal\norder. The chief police officer must, if asked, give assistance to the\ndirector-general by assigning police officers to assist the director-general\nin carrying out the action (see s 679).\n","sortOrder":369},{"sectionNumber":"374","sectionType":"section","heading":"Offence—contravene appraisal order","content":"374 Offence—contravene appraisal order\n(a) an appraisal order is in force for a child or young person; and\n\n(c) the person—\n(i) engages in conduct that contravenes a provision of the\n(ii) fails to comply with a requirement made of the person\nunder the order.\n","sortOrder":370},{"sectionNumber":"375","sectionType":"section","heading":"Appraisal orders—prevails over care and protection","content":"375 Appraisal orders—prevails over care and protection\nIf an appraisal order is made for a child or young person for whom a\ncare and protection order is already in force, the appraisal order\nprevails to the extent of any inconsistency between the orders.\nNote Care and protection orders are made under pt 14.4.\n","sortOrder":371},{"sectionNumber":"376","sectionType":"section","heading":"Appraisal orders—application by director-general","content":"376 Appraisal orders—application by director-general\nThe director-general may apply for an appraisal order for a child or\n(a) the director-general is satisfied that a care and protection\nappraisal is necessary to assess whether the child or young\nperson is in need of care and protection; and\n(i) the director-general sought agreement under section 369\n(Care and protection appraisal—obtaining agreement etc)\nbut no parent or other person with daily care responsibility\nagreed to the appraisal; or\n\n(ii) section 370 (Care and protection appraisal—obtaining\nagreement not in best interests of child or young person\netc) applies.\n","sortOrder":372},{"sectionNumber":"377","sectionType":"section","heading":"Appraisal orders—urgent applications","content":"377 Appraisal orders—urgent applications\n(1) An application for an appraisal order may be made by phone, fax or\nanother way if necessary because of urgent circumstances.\n(2) An application made under subsection (1) must be given to the\nfollowing people before the application is heard by the court:\n(3) The Childrens Court must if practicable hear and decide the\napplication on the day it is filed.\n\n","sortOrder":373},{"sectionNumber":"378","sectionType":"section","heading":"Appraisal orders—application to state grounds","content":"378 Appraisal orders—application to state grounds\nAn application for an appraisal order must state—\n(a) the grounds on which the order is sought; and\n(b) if the application includes an application for a temporary\nparental responsibility provision—the proposed arrangements\nfor the child’s or young person’s care during the period of\ntemporary parental responsibility.\nExample—ground on which order sought\na person with parental responsibility does not agree to the appraisal\n","sortOrder":374},{"sectionNumber":"379","sectionType":"section","heading":"Appraisal orders—who must be given application","content":"379 Appraisal orders—who must be given application\n(1) The director-general must give a copy of an application for an\nappraisal order for a child or young person to the following people at\nleast 1 working day before the application is to be heard by the court:\n(2) This section does not apply—\n(a) to an application under section 377 (Appraisal orders—urgent\napplications); or\n\n(b) if the director-general or a police officer has daily care\nresponsibility for a child or young person under part 13.1\n(Emergency action).\nNote In those cases, the director-general need only give a copy of the\napplication to people before the application is heard by the court\n(see s 377 and s 413).\n","sortOrder":375},{"sectionNumber":"380","sectionType":"section","heading":"Appraisal orders—court to consider application promptly","content":"380 Appraisal orders—court to consider application promptly\n(1) The Childrens Court must hear and decide the application not later\nthan 5 working days after the day the application is filed.\n(2) This section does not apply to an application under section 377\n(Appraisal orders—urgent applications).\nNote The court must if practicable hear and decide the application on the day\nit is filed (see s 377).\n","sortOrder":376},{"sectionNumber":"381","sectionType":"section","heading":"Appraisal orders—no interim orders","content":"381 Appraisal orders—no interim orders\nThe Childrens Court must not make an interim appraisal order.\n","sortOrder":377},{"sectionNumber":"382","sectionType":"section","heading":"Appraisal orders—criteria for making","content":"382 Appraisal orders—criteria for making\nThe Childrens Court may make an appraisal order for a child or young\nperson only if satisfied that—\n(i) no parent or other person with daily care responsibility\nagreed to the appraisal when the director-general sought\nagreement under section 369 (Care and protection\nappraisal—obtaining agreement etc); or\n(ii) section 370 (Care and protection appraisal—obtaining\nagreement not in best interests of child or young person\netc) applies; and\n\n(b) a care and protection appraisal is necessary to assess whether the\nchild or young person is in need of care and protection.\nNote 1 In a proceeding for an appraisal order, a fact is proved if it is proved on\n","sortOrder":378},{"sectionNumber":"383","sectionType":"section","heading":"Appraisal orders—different provisions and requirements","content":"383 Appraisal orders—different provisions and requirements\nIn making an appraisal order for a child or young person, the\nChildrens Court may include any of the following whether or not it\nwas applied for:\n(a) a requirement that—\n(i) a person attend, alone or with someone else, at a stated\nplace at a stated time for the appraisal; or\n(ii) a person or entity comply with arrangements made by the\ndirector-general for the appraisal; or\n(iii) that a person or entity allow entry to a stated place for the\nappraisal;\n(iv) a person or entity give the director-general information\nabout the care, wellbeing or development of a child or\n(v) something be produced to the court or given to the\ndirector-general or someone else; or\n(vi) that a person not have contact with the child or young\nperson, or not have contact with the child or young person\nexcept if a stated person or a person of a stated class is\npresent;\nNote Contact includes indirect contact (see s 348).\n(b) a temporary parental responsibility provision.\n\n","sortOrder":379},{"sectionNumber":"384","sectionType":"section","heading":"Appraisal orders—length","content":"384 Appraisal orders—length\n(1) The length of an appraisal order—\n(b) must not be longer than 4 weeks.\n(2) The length of a temporary parental responsibility provision in an\nappraisal order—\n(b) must not be longer than 4 weeks.\nNote 1 Temporary parental responsibility provisions are dealt with in s 373.\nNote 2 The length of an appraisal order may be extended to a maximum of\n8 weeks (see s 388).\n","sortOrder":380},{"sectionNumber":"385","sectionType":"section","heading":"Appraisal orders—extension application","content":"385 Appraisal orders—extension application\n(1) The director-general may apply to the Childrens Court for an\nextension of an appraisal order for a child or young person.\n(2) An application for extension of an appraisal order must state—\n(a) the grounds for the proposed extension; and\n(b) if the application includes an application for extension of a\ntemporary parental responsibility provision—the proposed\narrangements for the child’s or young person’s care during the\nperiod of temporary parental responsibility.\n\n","sortOrder":381},{"sectionNumber":"386","sectionType":"section","heading":"Appraisal orders—who must be given extension","content":"386 Appraisal orders—who must be given extension\napplication?\nThe director-general must give a copy of an application for extension\nof an appraisal order to the following people at least 1 working day\nbefore the application is to be heard by the court:\n(c) if the appraisal order is for an Aboriginal or Torres Strait\n","sortOrder":382},{"sectionNumber":"387","sectionType":"section","heading":"Appraisal orders—court to consider extension","content":"387 Appraisal orders—court to consider extension\n(1) After initially considering an application for extension of an appraisal\norder, the Childrens Court may adjourn further consideration of the\napplication only if the Childrens Court is satisfied that the\nadjournment is appropriate considering the urgency of the\n(2) The Childrens Court must hear and decide the application not later\nthan 5 working days after the day the application is filed.\n(3) If an appraisal order is in force on the day the application is filed, but\nwould end before the application is heard, the order continues in force\nuntil the application is heard and decided (whether or not the\napplication is decided within the period required under this section).\n\n","sortOrder":383},{"sectionNumber":"388","sectionType":"section","heading":"Appraisal orders—criteria for extension","content":"388 Appraisal orders—criteria for extension\nThe Childrens Court may, by order, extend an appraisal order only\nif—\n(a) the Childrens Court is satisfied that the appraisal cannot be\nproperly carried out unless the order is extended; and\n(b) the total length of the order and the proposed extension will not\nbe longer than 8 weeks.\nNote 1 In a proceeding for an appraisal order, a fact is proved if it is proved on\n\n","sortOrder":384},{"sectionNumber":"Part 12","sectionType":"part","heading":"Care and protection—voluntary","content":"Chapter 12 Care and protection—voluntary\nagreements to transfer or\n","sortOrder":385},{"sectionNumber":"389","sectionType":"section","heading":"Definitions—Act and ch 12","content":"389 Definitions—Act and ch 12\nvoluntary care agreement—see section 394 (1).\nparty—see section 396 (1).\nregistered, for a family group conference agreement—means\nregistered under section 391.\n\nRegistration of family group conference agreements that transfer or\nPart 12.2\nPart 12.2 Registration of family group\nconference agreements that\ntransfer or share parental\nNote to pt 12.2\nFamily group conferences and family group conference agreements are dealt with\nin ch 3.\n","sortOrder":386},{"sectionNumber":"390","sectionType":"section","heading":"Registered family group conference agreement—","content":"390 Registered family group conference agreement—\n(1) This section applies if, in a family group conference agreement\nreached at a family group conference arranged under section 80 (2)\n(Family group conferences—criteria), the parties agree that daily care\nperson should be—\n(a) transferred from a person to someone else (other than the\ndirector-general); or\n(b) shared with a person (other than the director-general) who\nwould not otherwise have that aspect of parental responsibility\nNote 1 A family group conference may be arranged under s 80 (2) if the\n(a) the child or young person is in need of care and protection; and\n(b) arrangements should be made to secure the child’s or young\nperson’s care and protection.\nNote 2 Daily care responsibility is dealt with in s 19.\nNote 3 A family group conference agreement must not transfer to, or share with,\nthe director-general parental responsibility for the child or young person\n(see s 76).\n\nPart 12.2 Registration of family group conference agreements that transfer or\n(2) The director-general may apply to the Childrens Court to register the\nfamily group conference agreement.\n(3) An application to register a family group conference agreement must\nbe accompanied by—\n(a) a copy of the family group conference agreement; and\n(b) a statement signed by each party to the agreement (other than\nthe director-general) to the effect that the party has had an\nopportunity to get legal advice about the meaning and effect of\nthe agreement.\n(4) The director-general must give the public advocate a copy of the\n(5) If the child or young person is an Aboriginal or Torres Strait Islander\nperson, the director-general must also give the Aboriginal and Torres\nStrait Islander children and young people commissioner a copy of the\n","sortOrder":387},{"sectionNumber":"391","sectionType":"section","heading":"Registered family group conference agreement—","content":"391 Registered family group conference agreement—\nregistration\n(1) This section applies if the director-general applies to the Childrens\nCourt under section 390 (2) to register a family group conference\n(2) If the Childrens Court is satisfied that it could make a care and\nprotection order under this Act with the same effect as the family\ngroup conference agreement, the Childrens Court must register the\nNote A family group conference agreement must not transfer to, or share with,\nthe director-general parental responsibility for the child or young person\n(see s 76).\n\nRegistration of family group conference agreements that transfer or\nPart 12.2\n(3) If the Childrens Court is not satisfied that it could make a care and\nprotection order under this Act with the same effect as the family\ngroup conference agreement, the Childrens Court must refuse to\nregister the agreement.\n(4) If the Childrens Court refuses to register a family group conference\nagreement, the court must tell the director-general about the refusal.\n","sortOrder":388},{"sectionNumber":"392","sectionType":"section","heading":"Registered family group conference agreement—notice","content":"392 Registered family group conference agreement—notice\n(1) If the Childrens Court registers a family group conference agreement\nabout a child or young person under section 391 (2), the court must\ntell the director-general and the public advocate, by written notice\n(a registration notice) about the registration.\n(2) If the child or young person is an Aboriginal or Torres Strait Islander\nperson, the court must also give the Aboriginal and Torres Strait\nIslander children and young people commissioner a registration\n(3) If the director-general is given a registration notice, the\ndirector-general must give a copy of the registration notice to each\nperson who was invited to attend the family group conference.\n","sortOrder":389},{"sectionNumber":"393","sectionType":"section","heading":"Registered family group conference agreement—effect","content":"393 Registered family group conference agreement—effect\nand enforcement\nA registered family group conference agreement has effect as if it\nwere a care and protection order of the Childrens Court and may be\nenforced accordingly.\nNote Care and protection orders are dealt with in ch 14. It is an offence to\ncontravene a care and protection order (see s 423). See also provisions\nabout police assistance in ch 18 and enforcement generally in ch 23.\n\nPart 12.3 Voluntary agreement to share\nparental responsibility with\n","sortOrder":390},{"sectionNumber":"394","sectionType":"section","heading":"What is a voluntary care agreement?","content":"394 What is a voluntary care agreement?\nvoluntary care agreement, for a child or young person, means a\nwritten agreement—\n(a) between the director-general and—\n(ii) someone else who has daily care responsibility or\nlong-term care responsibility for the child or young person;\nand\n(b) for either or both of the following aspects of parental\nresponsibility for the child or young person to be shared between\nthe director-general and the parent or other person:\n(i) daily care responsibility;\n(ii) long-term care responsibility.\nNote If 2 or more people have parental responsibility for a child or young\nperson, either of them may discharge the responsibility. However, if the\ndirector-general is 1 of the people, no-one else may discharge the\nresponsibility in a way that would be incompatible with the\ndirector-general’s discharge of the responsibility (see s 18).\n(2) A voluntary care agreement may include an arrangement for the\nperson mentioned in subsection (1) (a) (i) or (ii) to pay an amount (the\ncontribution) to the director-general by way of contribution to the\ncost of the care of the child or young person.\n\n(3) The contribution must not be more than the amount paid by the\nTerritory for the care of the child or young person.\n","sortOrder":391},{"sectionNumber":"395","sectionType":"section","heading":"Voluntary care agreements—who may initiate?","content":"395 Voluntary care agreements—who may initiate?\nNegotiations for making or ending a voluntary care agreement may\nbe started by any of the following people:\n(b) the child or young person (or a person acting for the child or\nyoung person);\ncare responsibility, for the child or young person.\n","sortOrder":392},{"sectionNumber":"396","sectionType":"section","heading":"Voluntary care agreements—who are parties?","content":"396 Voluntary care agreements—who are parties?\nparty, for a voluntary care agreement, means the following people:\n(b) a parent of the child or young person who entered the agreement;\n(c) someone else who entered the agreement and who has daily care\nresponsibility, or long-term care responsibility, for the child or\n(2) A voluntary care agreement is not void or voidable because a party to\nthe agreement is not an adult.\n\n","sortOrder":393},{"sectionNumber":"397","sectionType":"section","heading":"Voluntary care agreements—director-general’s criteria","content":"397 Voluntary care agreements—director-general’s criteria\nThe director-general may enter into a voluntary care agreement only\nif—\n(a) the director-general has considered whether another form of\nassistance would be preferable; and\nExamples—another form of assistance\n1 organising for the child or young person to be cared for by someone else\nwith daily care responsibility, or long-term care responsibility, for the\n2 organising for the child or young person to be cared for by a family\nmember\n(b) the director-general is satisfied that a voluntary sharing of daily\ncare responsibility or long-term care responsibility for the child\nor young person is necessary to ensure the child’s or young\nperson’s wellbeing; and\n(c) if the director-general is satisfied that the child or young person\nhas sufficient developmental capacity to understand that it is\nproposed that the child or young person will be temporarily\ncared for by a person who is not the child’s or young person’s\nformer caregiver—the director-general finds out and considers\nthe child’s or young person’s views and wishes; and\n(d) for a voluntary care agreement in relation to a young person who\nis 15 years old or older, the director-general—\n(i) obtains the young person’s agreement to the voluntary care\nagreement; or\n(ii) is satisfied that the young person does not have sufficient\nmaturity or developmental capacity to understand and\nagree to the proposed voluntary care agreement.\n\n","sortOrder":394},{"sectionNumber":"398","sectionType":"section","heading":"Voluntary care agreements—start day","content":"398 Voluntary care agreements—start day\nIf the director-general has entered into a voluntary care agreement,\nthe director-general starts sharing responsibility for the child or young\nperson under the voluntary care agreement—\n(a) when the agreement is entered into; or\n(b) if the agreement states a later day—on the later day.\n","sortOrder":395},{"sectionNumber":"399","sectionType":"section","heading":"Voluntary care agreements—length","content":"399 Voluntary care agreements—length\n(1) The length of a voluntary care agreement must be stated in the\n(2) A voluntary care agreement—\n(a) for a voluntary care agreement in relation to a young person who\nis 15 years old or older—may be longer than 6 months if the\nyoung person agrees; and\n(b) in any other case—must be not longer than 6 months.\n","sortOrder":396},{"sectionNumber":"400","sectionType":"section","heading":"Voluntary care agreements—extension","content":"400 Voluntary care agreements—extension\n(1) The parties to a voluntary care agreement may agree in writing to\nextend the agreement if—\n(a) the total length of the voluntary care agreement and the proposed\nextension will be not longer than—\n(i) 6 months; or\n(ii) if the voluntary care agreement is in relation to a young\nperson who is 15 years old or older and the young person\nagrees to a period longer than 6 months—the longer period;\nor\n\n(b) at the end of the proposed extension, the child or young person\nwill not have been cared for under a voluntary care agreement\nfor more than—\n(i) 6 months in the previous 12 months; or\n(ii) if the voluntary care agreement is in relation to a young\nperson who is 15 years old or older and the young person\nagrees to a period longer than 6 months—the longer period.\n(2) However, the director-general may agree to extend the voluntary care\nagreement only if—\n(i) has considered whether another form of assistance would\nbe preferable; and\n(ii) is satisfied that the voluntary sharing of responsibility for\nthe child or young person under the voluntary care\nagreement is appropriate; and\n(iii) if satisfied that the child or young person has sufficient\ndevelopmental capacity to understand that it is proposed\nthat the child or young person will continue to be\ntemporarily cared for under a voluntary care agreement—\nfinds out and considers the child’s or young person’s views\nand wishes; and\n(b) for voluntary care agreement about a young person who is 15\nyears old or older—\n(i) the young person agrees to the extension; or\n(ii) the young person does not have sufficient maturity or\ndevelopmental capacity to understand and agree to the\nproposed voluntary care agreement.\n(3) A voluntary care agreement may be extended more than once.\n\n","sortOrder":397},{"sectionNumber":"401","sectionType":"section","heading":"Voluntary care agreements—early ending","content":"401 Voluntary care agreements—early ending\nA party to a voluntary care agreement may, before the agreement\nends, end the agreement by giving written notice to the other parties.\n","sortOrder":398},{"sectionNumber":"402","sectionType":"section","heading":"Voluntary care agreements—return of children and young","content":"402 Voluntary care agreements—return of children and young\n(1) If a voluntary care agreement ends, the director-general must return\nthe child or young person as soon as practicable after the day the\nvoluntary care agreement ends, to a former caregiver of the child or\nyoung person or other person as agreed between the parties to the\n(2) The director-general shares responsibility for the child or young\nperson under the voluntary care agreement until the child or young\nperson is returned.\n(3) The director-general’s responsibility for the child or young person\nunder the voluntary care agreement ends when the child or young\nperson is returned.\n(4) However, the director-general is not required to return a child or\n(a) emergency action is being taken in relation to the child or young\nNote Emergency action may be taken under ch 13.\n(b) the director-general has applied to the Childrens Court for a care\nand protection order including a parental responsibility\nprovision that would give the director-general daily care\nresponsibility or long-term care responsibility, or both, for the\nNote Parental responsibility provisions are dealt with in div 1.3.2.\nCare and protection orders are dealt with in ch 14.\n\n(5) Subsection (4) does not allow the director-general to keep\nresponsibility for the child or young person under the voluntary care\nagreement if the Childrens Court refuses the director-general’s\n\n","sortOrder":399},{"sectionNumber":"Part 13","sectionType":"part","heading":"Care and protection—","content":"Chapter 13 Care and protection—\nemergency situations\n","sortOrder":400},{"sectionNumber":"403","sectionType":"section","heading":"When are children and young people in need of","content":"403 When are children and young people in need of\nemergency care and protection?\nFor the care and protection chapters, a child or young person is\nin need of emergency care and protection if the child or young\n(a) is in immediate need of care and protection; or\n(b) is likely to be in immediate need of care and protection if\nemergency action is not taken.\nNote In need of care and protection is defined in s 345.\n","sortOrder":401},{"sectionNumber":"405","sectionType":"section","heading":"What is emergency action?","content":"405 What is emergency action?\nemergency action, taken by the director-general or a police officer,\nfor a child or young person—\n(a) means transferring daily care responsibility for the child or\nyoung person to the director-general or police officer; and\n\n(b) includes arranging for the child’s or young person’s care and\nprotection by keeping the child or young person at a place or by\nmoving the child or young person from a place to another place.\nNote An authorised person or police officer may at any time enter premises if\nthe authorised person or police officer believes on reasonable grounds\nthat a child or young person at the premises is in need of emergency care\nand protection and the purpose of the entry is to take emergency action\nfor the child or young person (including using force that is reasonable and\nnecessary to obtain entry to safeguard the wellbeing of the child or young\nperson) (see s 814).\n","sortOrder":402},{"sectionNumber":"406","sectionType":"section","heading":"Emergency action—criteria for taking emergency action","content":"406 Emergency action—criteria for taking emergency action\n(1) The director-general or a police officer may take emergency action\nfor a child or young person if the director-general or police officer\nbelieves on reasonable grounds that the child or young person is in\nneed of emergency care and protection.\n(2) To remove any doubt, the director-general or police officer may take\nemergency action for a child or young person if the child or young\nperson is in the care of—\n(a) a parent of the child or young person; or\n(b) someone else who has daily care responsibility for the child or\nNote Daily care responsibility for a child or young person is dealt with in s 19.\n","sortOrder":403},{"sectionNumber":"407","sectionType":"section","heading":"Emergency action—assistance","content":"407 Emergency action—assistance\nThe director-general or police officer may use whatever assistance is\nnecessary and reasonable to take emergency action.\nNote The director-general may ask the chief police officer for assistance in\ncarrying out emergency action and the chief police officer must assign\npolice officers to assist the director-general (see pt 18.1).\n\n","sortOrder":404},{"sectionNumber":"408","sectionType":"section","heading":"Emergency action—certain people must be told","content":"408 Emergency action—certain people must be told\n(1) If a police officer takes emergency action for a child or young person,\nthe police officer must—\n(a) immediately tell the director-general, in writing—\n(i) the name of the child or young person; and\n(ii) why the emergency action was taken; and\n(b) if practicable—tell the following people about the emergency\naction as soon as practicable:\n(i) the parents of the child or young person;\n(ii) each other person (if any) who has daily care\nresponsibility, or long-term care responsibility, for the\n(c) deliver the child or young person to the place or person advised\n(2) However, if it is not practicable for the police officer to tell the\ndirector-general in writing immediately, the police officer may tell\nthe director-general orally immediately and then in writing as soon as\n(3) If the director-general takes emergency action for a child or young\nperson, or is told that a police officer has taken emergency action for\na child or young person, the director-general must, as soon as\npracticable, tell the following people that emergency action has been\ntaken for the child or young person:\n(a) if not already told about the emergency action—\n(i) the parents of the child or young person; and\n(ii) each other person (if any) who has daily care\nresponsibility, or long-term care responsibility, for the\nchild or young person;\n\n(d) the Childrens Court.\n","sortOrder":405},{"sectionNumber":"409","sectionType":"section","heading":"Emergency action—daily care responsibility after action","content":"409 Emergency action—daily care responsibility after action\n(1) If the director-general takes emergency action for a child or young\nperson, the director-general has daily care responsibility for the child\n(2) If a police officer takes emergency action for a child or young person,\nthe police officer has daily care responsibility for the child or young\nperson until the police officer tells the director-general about the\nemergency action under section 408.\nNote The police officer must tell the director-general immediately in writing,\nor, if that is not practicable, immediately orally and as soon as practicable\nin writing (see s 408 (1) and (2)).\n(3) After the police officer tells the director-general about the emergency\naction, the director-general has daily care responsibility for the child\n(4) The director-general may authorise a police officer to exercise daily\ncare responsibility for a child or young person on behalf of the\nNote If 2 or more people have parental responsibility for a child or young\nperson, either of them may discharge the responsibility. However, if the\ndirector-general is 1 of the people, no-one else may discharge the\nresponsibility in a way that would be incompatible with the\ndirector-general’s discharge of the responsibility (see s 18 and s 475 (2)).\n\n","sortOrder":406},{"sectionNumber":"410","sectionType":"section","heading":"Emergency action—length of daily care responsibility","content":"410 Emergency action—length of daily care responsibility\nIf the director-general or a police officer takes emergency action for\na child or young person, the director-general or police officer may\nkeep daily care responsibility for the child or young person without\nan order of the Childrens Court—\n(a) for not longer than 2 working days after the day the emergency\naction was taken; or\n(b) if the 2 working days are interrupted by a Saturday, a Sunday\nand a public holiday—until the matter can be brought before the\ncourt on the next sitting day of the court.\n","sortOrder":407},{"sectionNumber":"411","sectionType":"section","heading":"Care and protection appraisal and placement","content":"411 Care and protection appraisal and placement\nIf the director-general has daily care responsibility for a child or\nyoung person under this division, the director-general may make\narrangements for the care and protection of the child or young person\n(a) arranging a care and protection appraisal that includes an\nexamination of the circumstance that led to the taking of the\nemergency action; and\nNote Care and protection appraisals are dealt with in pt 11.2.\n(b) placing the child or young person with a person including—\n(ii) someone else who has daily care responsibility, or\n(iii) a former caregiver of the child or young person.\n\n","sortOrder":408},{"sectionNumber":"412","sectionType":"section","heading":"Emergency action—contact with family","content":"412 Emergency action—contact with family\n(1) If the director-general or a police officer has daily care responsibility\nfor a child or young person under this division, the director-general\nor police officer must, as far as practicable, allow reasonable contact\nbetween the child or young person and their family members and\nsignificant people.\n(2) However, the director-general or police officer is not required to\nallow contact if the contact would create a risk of harm to the child or\n","sortOrder":409},{"sectionNumber":"413","sectionType":"section","heading":"Emergency action—application for orders","content":"413 Emergency action—application for orders\n(a) the director-general or a police officer has daily care\nresponsibility for a child or young person under this division;\nand\n(b) the director-general applies for any of the following orders for\nthe child or young person:\n(i) an appraisal order;\n(ii) a care and protection order;\n(iii) an assessment order;\n(iv) an intensive therapy order.\n(2) The director-general need only give a copy of the application to\npeople under the following sections before the application is heard by\nthe Childrens Court:\n(a) section 379 (Appraisal orders—who must be given application);\n(b) section 427 (Care and protection orders—who must be given\n(c) section 445 (Assessment orders—who must be given\n\n(d) section 541 (Intensive therapy orders—who must be given\napplication).\n(3) The Childrens Court must give initial consideration to the application\non the day it is filed.\n","sortOrder":410},{"sectionNumber":"414","sectionType":"section","heading":"Emergency action—end of daily care responsibility","content":"414 Emergency action—end of daily care responsibility\ncare responsibility for a child or young person under this division.\n(2) The director-general or police officer stops having daily care\nresponsibility for the child or young person if—\n(a) the child or young person is returned to someone mentioned in\nsection 415 (2); or\n(b) the Childrens Court makes an order giving daily care\nresponsibility for the child or young person to someone else.\n","sortOrder":411},{"sectionNumber":"415","sectionType":"section","heading":"Emergency action—return of child or young person","content":"415 Emergency action—return of child or young person\ncare responsibility for a child or young person under this division and,\nat the end of the period for which the director-general or police officer\nmay keep responsibility—\n(a) none of the following orders have been made for the child or\nyoung person:\n(i) an appraisal order with a temporary parental responsibility\nprovision;\n(ii) an interim care and protection order with a parental\nresponsibility provision;\n(iii) a care and protection order with a parental responsibility\nprovision;\n(iv) an interim intensive therapy order;\n\n(v) an intensive therapy order; and\n(b) the director-general or police officer still has daily care\nresponsibility for the child or young person.\n(2) The director-general or police officer must deliver the child or young\nperson into the care of 1 of the following people:\n(a) a parent of the child or young person who has parental\n(b) someone else who has daily care responsibility, or long-term\n(c) a former caregiver of the child or young person.\n\nEmergency action release orders Part 13.2\n","sortOrder":412},{"sectionNumber":"416","sectionType":"section","heading":"What is an emergency action release order?","content":"416 What is an emergency action release order?\nemergency action release order, for a child or young person for\nwhom the director-general or a police officer has daily care\nresponsibility under part 13.1, means an order for the release of the\nchild or young person into the care of a stated person.\n","sortOrder":413},{"sectionNumber":"417","sectionType":"section","heading":"Emergency action release order—application","content":"417 Emergency action release order—application\ncare responsibility for a child or young person under part 13.1.\n(2) Any of the following people (the applicant) may apply to the\nChildrens Court for an emergency action release order:\n(b) a parent of the child or young person who has parental\n(c) someone else who has daily care responsibility, or long-term\n(d) a former caregiver of the child or young person;\n\n","sortOrder":414},{"sectionNumber":"418","sectionType":"section","heading":"Emergency action release order—application to state","content":"418 Emergency action release order—application to state\ngrounds\nAn application for an emergency action release order must state the\ngrounds on which the order is sought.\n","sortOrder":415},{"sectionNumber":"419","sectionType":"section","heading":"Emergency action release order—who must be given","content":"419 Emergency action release order—who must be given\nThe applicant must give a copy of the application for the emergency\naction release order to the following people before the application is\nheard by the court:\n(c) each other person (if any) who had daily care responsibility, or\nlong-term care responsibility, for the child or young person\nimmediately before the emergency action was taken;\n(d) the director-general;\nNote If the director-general applies for an appraisal order, a care and protection\norder, an assessment order or an intensive therapy order for the child or\nyoung person, the director-general need only give a copy of the\napplication to people before the application is heard by the court\n(see s 413).\n\nEmergency action release orders Part 13.2\n","sortOrder":416},{"sectionNumber":"420","sectionType":"section","heading":"Emergency action release order—criteria for making","content":"420 Emergency action release order—criteria for making\nThe Childrens Court may make an emergency action release order for\na child or young person only if satisfied that the child or young person\nis no longer in need of emergency care and protection.\nNote 1 In a proceeding for an emergency action release order, a fact is proved if\nit is proved on the balance of probabilities (see s 711).\n\n","sortOrder":417},{"sectionNumber":"Part 14","sectionType":"part","heading":"Care and protection—care and","content":"Chapter 14 Care and protection—care and\n","sortOrder":418},{"sectionNumber":"421","sectionType":"section","heading":"Definitions—ch 14","content":"421 Definitions—ch 14\nACAT mental health provision, in a care and protection order—see\nsection 491.\ncare and protection order—see section 422.\ncontact provision, in a care and protection order—see section 485.\ndrug use provision, in a care and protection order—see section 488.\nenduring parental responsibility provision, in a care and protection\norder—see section 481.\ninterim care and protection order—see section 433.\nparental responsibility provision, in a care and protection order—see\nsection 474.\nprovision, in a care and protection order, means any of the following\nprovisions in the care and protection order:\n(c) an enduring parental responsibility provision;\n(d) an ACAT mental health provision;\n(e) a residence provision;\n(f) a short-term parental responsibility provision;\n\nPreliminary Part 14.1\n(g) a long-term parental responsibility provision;\n(h) a specific issues provision;\n(i) a supervision provision.\nshort-term parental responsibility provision, in a care and protection\norder—see section 476.\nspecific issues provision, in a care and protection order—see\nsection 492.\nsupervision provision, in a care and protection order—see\nsection 489.\n","sortOrder":419},{"sectionNumber":"422","sectionType":"section","heading":"What is a care and protection order?","content":"422 What is a care and protection order?\ncare and protection order—\n(a) means an order about the care and protection of a child or young\n(b) may contain any of the following provisions:\n(i) a contact provision;\n(ii) a drug use provision;\n(iii) an enduring parental responsibility provision;\n(iv) an ACAT mental health provision;\n(v) a residence provision;\n(vi) a short-term parental responsibility provision;\n(vii) a long-term parental responsibility provision;\n(viii) a specific issues provision;\n(ix) a supervision provision.\n\n","sortOrder":420},{"sectionNumber":"423","sectionType":"section","heading":"Offence—contravene care and protection order","content":"423 Offence—contravene care and protection order\n(a) a care and protection order is in force for someone else who is a\n(c) the person engages in conduct that contravenes a provision of\nNote 1 A registered family group conference agreement has effect as if it were\nan order of the Childrens Court and may be enforced accordingly\n(see s 393).\nNote 2 If a care and protection order is in force for a child or young person and\nthere are reasonable grounds for suspecting that someone has\ncontravened the order and because of the contravention, the child or\nyoung person is in danger, the director-general or police officer may\napply to the Childrens Court for a warrant to have the child or young\nperson taken into safe custody (see s 685).\n\nPart 14.2 Applications for care and\n","sortOrder":421},{"sectionNumber":"424","sectionType":"section","heading":"Care and protection order—application by","content":"424 Care and protection order—application by\nThe director-general may apply to the Childrens Court for a care and\nprotection order for a child or young person if the director-general\nbelieves on reasonable grounds that the child or young person is in\nneed of care and protection.\n","sortOrder":422},{"sectionNumber":"425","sectionType":"section","heading":"Care and protection order—application by others","content":"425 Care and protection order—application by others\n(1) Someone (the other applicant) other than the director-general may\napply to the Childrens Court for a care and protection order for a child\nor young person if—\n(a) the other applicant believes on reasonable grounds that the child\nor young person is in need of care and protection; and\n(b) if the director-general has not applied for a care and protection\norder for the child or young person—the other applicant has\nconsulted the director-general about the application; and\n(c) the other applicant has the leave of the Childrens Court to make\nthe application.\n(2) If the other applicant seeks the leave of the Childrens Court to make\nthe application, the Childrens Court—\n(a) must hear the other applicant and the director-general; and\n(b) may give the other applicant leave to make the application.\n\n(3) If the other applicant applies for a care and protection order for a child\nor young person, the following may each appear and be heard in the\nproceeding:\n","sortOrder":423},{"sectionNumber":"426","sectionType":"section","heading":"Care and protection order—application must state","content":"426 Care and protection order—application must state\nprovisions sought and grounds\n(1) An application for a care and protection order must state—\n(a) the provisions proposed to be included in the order; and\n(b) the grounds on which the care and protection order is sought.\n(2) An application for a care and protection order with a parental\nresponsibility provision must also state—\n(a) whether parental responsibility is proposed to be shared or\ntransferred; and\n(b) each person who is to share parental responsibility; and\n(c) each person to whom parental responsibility is to be transferred.\nNote The Childrens Court may also include a provision in a care and protection\norder whether or not anyone applied, or cross-applied, for it (see s 383).\n\n","sortOrder":424},{"sectionNumber":"427","sectionType":"section","heading":"Care and protection orders—who must be given","content":"427 Care and protection orders—who must be given\n(1) The applicant for a care and protection order for a child or young\nperson must give a copy of the application to the following people at\nleast 3 working days before the application is to be heard by the court:\n(d) if the applicant is not the director-general—the director-general;\n(2) This section does not apply if the director-general or a police officer\nNote For s (2), the director-general need only give a copy of the application to\npeople before the application is heard by the court (see s 413).\n","sortOrder":425},{"sectionNumber":"428","sectionType":"section","heading":"Care and protection order—cross-application for different","content":"428 Care and protection order—cross-application for different\n(1) A party to a proceeding for a care and protection order for a child or\nyoung person may cross-apply for a different provision to be included\nin the order, different terms in a provision in the order or a different\norder, if the party—\n(a) believes on reasonable grounds that the different provision,\nterms or order is in the best interests of the child or young\n\n(b) has leave of the Childrens Court to cross-apply.\nExample—different term in provision in order\nAn order includes a residence provision about with whom the child must live. A\nparty may cross-apply for the residence provision to provide for the child to live\nwith a different person.\n(2) If a party seeks the leave of the Childrens Court to cross-apply, the\ncourt may give leave only if satisfied that there are reasonable\ngrounds for believing that the different provision, terms or order is in\nthe best interests of the child or young person.\n","sortOrder":426},{"sectionNumber":"429","sectionType":"section","heading":"Care and protection order—cross-application must state","content":"429 Care and protection order—cross-application must state\nprovisions sought and grounds\n(1) A cross-application for a care and protection order must state—\n(a) the provisions that the applicant proposes to have included in the\norder, the proposed different terms in the provisions in the order\nor the proposed different order; and\n(b) for a cross-application for a different provision, terms or order\nin a care and protection order—\n(i) the draft different provision, terms or order; and\n(ii) why the different provision, terms or order would be in the\nbest interests of the child or young person.\nNote The Childrens Court may also include a provision in a care and protection\norder whether or not anyone applied, or cross-applied, for it (see s 383).\n(2) A cross-application for a care and protection order with a parental\nresponsibility provision must also state—\n(a) whether parental responsibility is proposed to be shared or\ntransferred; and\n\n(b) each person who is to share parental responsibility; and\n(c) each person to whom parental responsibility is to be transferred.\n","sortOrder":427},{"sectionNumber":"430","sectionType":"section","heading":"Care and protection order—court to consider application","content":"430 Care and protection order—court to consider application\nand cross-application promptly\n(1) The Childrens Court must give initial consideration to an application,\nor cross-application, for a care and protection order not later than\n5 working days after the day the application, or cross-application, is\nfiled.\n(2) The application or cross-application must be initially listed before a\nmagistrate.\n(3) The magistrate must give directions about the conduct of the\nproceeding (including the hearing of the application or\ncross-application) at the time the application or cross-application is\ninitially considered.\n(4) If a care and protection order in relation to the child or young person\nwho is the subject of the application or cross-application is in force\non the day the application or cross-application is filed, but the care\nand protection order would end before the application or\ncross-application is heard, the care and protection order continues in\nforce until the application or cross-application is heard and decided\n(whether or not the application or cross-application is considered\nwithin the period required under this section).\n(5) This section does not apply if the director-general or a police officer\nNote For s (5), the court must give initial consideration to the application on\nthe day it is filed (see s 413).\n\nPart 14.3 Interim care and protection\nmatters\n","sortOrder":428},{"sectionNumber":"431","sectionType":"section","heading":"Interim matters—Court action before adjournment","content":"431 Interim matters—Court action before adjournment\n(1) Before adjourning an application or cross-application under part 14.2\n(Applications for care and protection orders), the Childrens Court\n(a) identify the matters in dispute and consider the length of hearing\nrequired; and\n(b) give whatever directions are necessary to facilitate the hearing.\nExamples—directions to facilitate hearing\n1 a direction about when evidence must be filed\n2 a direction about when further directions may be made\n(2) Also, before adjourning an application or cross-application under this\npart, the Childrens Court may do any of the following:\n(a) order that a meeting (a court-ordered meeting) be held to\nidentify or resolve matters in dispute;\nNote Court-ordered meetings are dealt with in s 432.\n(b) make an interim care and protection order for the child or young\nNote Interim care and protection orders are dealt with in s 433.\n(c) make an assessment order;\nNote Assessment orders are dealt with in s 436.\n(d) make an interim protection order under section 459;\n\nGeneral Division 14.3.1\n(e) if an interim care and protection order is in force for the child or\n(i) extend the length of the order and any provision so that\nthey remain in force until the end of the adjournment; or\n(ii) revoke any provision or both the order and the provision.\n","sortOrder":429},{"sectionNumber":"432","sectionType":"section","heading":"Interim matters—court-ordered meeting","content":"432 Interim matters—court-ordered meeting\n(1) A court-ordered meeting for a care and protection order for a child or\n(a) must be attended by—\n(ii) someone who has daily care responsibility for the child or\n(iii) someone who has long-term care responsibility for the\n(b) may be attended by—\n(i) any party to the proceeding; and\n(ii) the representative of any party to the proceeding; and\nNote Representation of children and young people is dealt with in\nthe Court Procedures Act 2004, pt 7A (Procedural\nprovisions—proceedings involving children).\n(iii) anyone else who was given a copy of the application under\nsection 427 (Care and protection orders—who must be\ngiven application); and\n(iv) with the leave of the court—anyone who has an interest in\nthe proceeding.\n\n(2) The Childrens Court must appoint a suitable person to preside at the\ncourt-ordered meeting.\nExamples—suitable people\n1 a mediator providing community-based mediation services\n2 a registrar of the court\n(3) However, the Childrens Court must not appoint anyone mentioned in\nsubsection (1) who is attending the court-ordered meeting to preside\nat the meeting.\n(4) The person presiding at a court-ordered meeting must report the\noutcome of the court-ordered meeting to the Childrens Court.\n","sortOrder":430},{"sectionNumber":"433","sectionType":"section","heading":"Interim matters—interim care and protection orders","content":"433 Interim matters—interim care and protection orders\n(1) The Childrens Court may, on application or on its own initiative,\nmake an order (an interim care and protection order) for a child or\n(a) an application for a care and protection order for the child or\nyoung person has been made to the court but not finally decided;\nand\n(b) the court believes on reasonable grounds that the child or young\nperson is in need of care and protection or would be in need of\ncare and protection if the interim care and protection order was\nnot made.\n(2) The Childrens Court must include in an interim care and protection\norder any of the following provisions that the Childrens Court is\nsatisfied is in the best interests of the child or young person:\n(c) an ACAT mental health provision;\n\nInterim care and protection orders Division 14.3.2\n(d) a residence provision;\n(e) a supervision provision;\n(f) a parental responsibility provision;\n(g) a specific issues provision.\n(3) The length of an interim care and protection order must be stated in\nthe order and the order must end on, or before, the day the application\nor cross application is decided.\n(4) Before making an interim care and protection order for a child or\nyoung person, the Childrens Court may require the director-general\nto give the court a care plan for the child or young person for the\nperiod of the interim order.\nNote Care plans are dealt with in s 455.\n","sortOrder":431},{"sectionNumber":"434","sectionType":"section","heading":"Offence—contravene interim care and protection order","content":"434 Offence—contravene interim care and protection order\n(a) an interim care and protection order is in force for someone else\nwho is a child or young person; and\n(c) the person engages in conduct that contravenes a provision of\n\n","sortOrder":432},{"sectionNumber":"435","sectionType":"section","heading":"Interim care and protection orders—revocation or","content":"435 Interim care and protection orders—revocation or\n(1) This section applies if, during the hearing of an application for a care\nand protection order, the Childrens Court makes an interim care and\nprotection order for a child or young person.\n(2) A party (the applicant) to the proceeding for the care and protection\norder may apply to the Childrens Court for revocation or amendment\nof the interim care and protection order.\n(3) The applicant must give a copy of the application to the following\npeople at least 3 working days before the application is heard by the\ncourt:\n(a) each party to the proceeding;\napplication for the care and protection order;\n(d) if the child or young person is an Aboriginal or Torres Strait\n(4) The Childrens Court must give initial consideration to the application\nnot later than 5 working days after the day the application is filed.\n(5) The Childrens Court must give directions about the conduct of the\n(6) After hearing the application, the Childrens Court must—\n(a) revoke the interim care and protection order; or\n(b) amend the interim care and protection order; or\n(c) substitute a provision in the interim care and protection order for\na different provision; or\n\n(d) dismiss the application.\n(7) If the interim care and protection order is in force on the day the\napplication for revocation or amendment is filed, but would end\nbefore the application is heard, the interim care and protection order\ncontinues in force until the application is heard and decided (whether\nor not the application is considered within the period required under\nthis section).\nNote to div 14.3.3\nThe director-general may ask the chief police officer for assistance in taking action\nunder an assessment order. The chief police officer must, if asked, give assistance\nto the director-general by assigning police officers to assist the director-general in\ncarrying out the action (see s 679).\n","sortOrder":433},{"sectionNumber":"436","sectionType":"section","heading":"What is an assessment order?","content":"436 What is an assessment order?\nassessment order—\n(a) means an order authorising the director-general to arrange for\nthe care and protection assessment of a person in relation to a\nNote Care and protection assessment is defined in s 367.\n(b) may, but need not, include 1 or more of the following\nrequirements:\n(i) that a person attend, alone or with someone else, at a stated\nplace at a stated time for the care and protection\nassessment;\n(ii) that a person or entity comply with arrangements made by\nthe director-general for the care and protection assessment;\n\n(iii) that a person or entity give the court information relevant\nto the care, wellbeing or development of a child or young\n(iv) that something be produced to the court.\n","sortOrder":434},{"sectionNumber":"437","sectionType":"section","heading":"Care and protection assessment—terms of reference for","content":"437 Care and protection assessment—terms of reference for\ncare and protection assessment\n(1) For a care and protection assessment of a child or young person,\nunless the assessment order states otherwise, the director-general\n(a) decide the matters to be assessed in the care and protection\nassessment (the terms of reference); and\n(b) choose an authorised assessor to make the assessment.\n(2) The terms of reference—\n(a) may relate to the child or young person who is the subject of the\nassessment or another person; and\nExample—another person\na person with parental responsibility for the child or young person\n(b) may include any matter that the director-general considers\nrelevant.\n(3) The director-general must consult with the parties before deciding the\nterms of reference or choosing the assessor for a care and protection\nassessment.\nNote For the parties under the care and protection chapters, see s 700.\n\n(4) For subsection (5), the director-general must—\n(a) tell the parties about the proposed terms of reference or assessor;\nand\n(b) give the parties at least 7 days to make submissions to the\ndirector-general about the proposed terms of reference or\nassessor; and\n(c) take into account any submissions made by a party.\n","sortOrder":435},{"sectionNumber":"438","sectionType":"section","heading":"Care and protection assessment—authorisation of","content":"438 Care and protection assessment—authorisation of\nassessors\n(1) The director-general may authorise a person to carry out care and\nprotection assessments (an authorised assessor).\nNote Power to make a statutory instrument includes power to make different\nprovision for different categories (see Legislation Act, s 48).\n(2) The director-general may authorise a person only if the\ndirector-general considers the person is suitably qualified to carry out\ncare and protection assessments.\nExamples—suitably qualified people\n1 a doctor or nurse to carry out medical examinations\n2 a social worker or psychologist to carry out social assessments\n3 an occupational therapist or other health practitioner to carry out\ndevelopmental assessments\n4 another person with qualifications or expertise to carry out assessments\nNote Certain people conducting an activity, or providing a service, under this\nAct are required to be registered under the Working with Vulnerable\nPeople Act (see that Act, s 11 and sch 1).\n(3) An authorisation is a notifiable instrument.\n\n","sortOrder":436},{"sectionNumber":"439","sectionType":"section","heading":"Care and protection assessment—report after making","content":"439 Care and protection assessment—report after making\n(1) An authorised assessor who carries out a care and protection\nassessment must, as soon as practicable after the assessment is\ncompleted, give the director-general—\n(a) a written report of the assessment; and\n(b) any records made by the assessor in the course of carrying out\nthe assessment.\n(2) The director-general must file the report with the Childrens Court.\n(3) A report filed under this section is taken to be a report to the Childrens\nCourt rather than evidence tendered by a party.\n","sortOrder":437},{"sectionNumber":"440","sectionType":"section","heading":"Offence—contravene assessment order","content":"440 Offence—contravene assessment order\n(a) an assessment order is in force for a child or young person; and\n(c) the person is not a child or young person who is to be assessed\nunder the order (other than in the capacity of a parent); and\n","sortOrder":438},{"sectionNumber":"441","sectionType":"section","heading":"Assessment orders—prevails over care and protection","content":"441 Assessment orders—prevails over care and protection\norder\nIf an assessment order is made in relation to a child or young person\nfor whom a care and protection order is already in force, the\nassessment order prevails to the extent of any inconsistency between\nthe orders.\nNote Care and protection orders are made under pt 14.4.\n\n","sortOrder":439},{"sectionNumber":"442","sectionType":"section","heading":"Assessment orders—on application or court’s own","content":"442 Assessment orders—on application or court’s own\ninitiative\nIn a proceeding for a care and protection order for a child or young\nperson, the Childrens Court may make an assessment order for a\nperson on application by a party to the proceeding or on its own\ninitiative.\n","sortOrder":440},{"sectionNumber":"443","sectionType":"section","heading":"Assessment orders—application by party","content":"443 Assessment orders—application by party\n(1) A party to a proceeding for a care and protection order for a child or\nyoung person may apply for an assessment order if the party believes\non reasonable grounds that—\n(a) a care and protection assessment is necessary to assess whether\nthe child or young person is in need of care and protection; and\n(b) the care and protection assessment cannot be properly carried\nout unless the order is made; and\n(c) if the application is for an assessment order for the child or\nyoung person and a care and protection assessment of the child\nor young person has been carried out previously—the further\ncare and protection assessment of the child or young person is\nnot detrimental to the child or young person.\nNote 3 Parties to proceedings are dealt with in pt 19.2.\n(2) A party who applies for an assessment order must meet the costs of\nthe care and protection assessment.\n","sortOrder":441},{"sectionNumber":"444","sectionType":"section","heading":"Assessment orders—application to state grounds","content":"444 Assessment orders—application to state grounds\nAn application for an assessment order must state the grounds on\nwhich the order is sought.\n\n","sortOrder":442},{"sectionNumber":"445","sectionType":"section","heading":"Assessment orders—who must be given application","content":"445 Assessment orders—who must be given application\n(1) The applicant for an assessment order in relation to a child or young\nperson must give a copy of the application to the following people at\nleast 3 working days before the application is to be heard by the court:\n(2) This section does not apply if the director-general or a police officer\nNote For s (2), the director-general need only give a copy of the application to\npeople before the application is heard by the court (see s 413).\n","sortOrder":443},{"sectionNumber":"446","sectionType":"section","heading":"Assessment orders—court to consider application","content":"446 Assessment orders—court to consider application\npromptly\nThe Childrens Court must give initial consideration to an application\nfor an assessment order not later than 5 working days after the day\nthe application is filed.\n","sortOrder":444},{"sectionNumber":"447","sectionType":"section","heading":"Assessment orders—no interim order","content":"447 Assessment orders—no interim order\nThe Childrens Court must not make an interim assessment order.\n\n","sortOrder":445},{"sectionNumber":"448","sectionType":"section","heading":"Assessment orders—criteria for making","content":"448 Assessment orders—criteria for making\nThe Childrens Court may make an assessment order in relation to a\nchild or young person only if satisfied that—\n(a) a care and protection assessment is necessary to assess whether\nthe child or young person is in need of care and protection; and\n(b) the care and protection assessment cannot be properly carried\nout unless the order is made; and\n(c) if the application is for an assessment order for the child or\nyoung person and a care and protection assessment of the child\nor young person has been carried out previously—the further\ncare and protection assessment of the child or young person is\nnot detrimental to the child or young person.\nNote 1 In a proceeding for an assessment order, a fact is proved if it is proved on\n","sortOrder":446},{"sectionNumber":"449","sectionType":"section","heading":"Assessment orders—length","content":"449 Assessment orders—length\nThe length of an assessment order—\n(b) must not be longer than 10 weeks.\nNote The length of an assessment order may be extended (see s 454).\n\n","sortOrder":447},{"sectionNumber":"450","sectionType":"section","heading":"Assessment orders—extension application","content":"450 Assessment orders—extension application\nA party to a proceeding for a care and protection order for a child or\nyoung person may apply to the Childrens Court for extension of an\nassessment order for a child or young person if the party believes on\nreasonable grounds that the care and protection assessment cannot be\nproperly carried out unless the order is extended.\n","sortOrder":448},{"sectionNumber":"451","sectionType":"section","heading":"Assessment orders—extension application must state","content":"451 Assessment orders—extension application must state\ngrounds\nAn application for extension of an assessment order must state the\ngrounds for the proposed extension.\n","sortOrder":449},{"sectionNumber":"452","sectionType":"section","heading":"Assessment orders—who must be given extension","content":"452 Assessment orders—who must be given extension\napplication?\nThe applicant for extension of an assessment order must give a copy\nof the application to the following people at least 3 working days\nbefore the application is to be heard by the court:\napplication for the assessment order;\n(d) if the assessment order is for an Aboriginal or Torres Strait\nIslander child or young person—on application by the\ncommissioner.\n\n","sortOrder":450},{"sectionNumber":"453","sectionType":"section","heading":"Assessment orders—court to consider extension","content":"453 Assessment orders—court to consider extension\nfor extension of an assessment order not later than 5 working days\nafter the day the application is filed.\n(2) After initially considering the application, the Childrens Court may\nadjourn further consideration of the application only if satisfied that\nthe adjournment is appropriate considering the urgency of the\n(3) If the assessment order is in force on the day the application is filed,\nbut would end before the application is heard, the order continues in\nforce until the application is heard and decided (whether or not the\napplication is considered within the period required under this\nsection).\n","sortOrder":451},{"sectionNumber":"454","sectionType":"section","heading":"Assessment orders—criteria for extension","content":"454 Assessment orders—criteria for extension\n(1) The Childrens Court may, by order, extend an assessment order—\n(a) only if satisfied that the care and protection assessment cannot\nbe properly carried out unless the order is extended; and\n(b) only if the total length of the order and the proposed extension\nwill not be longer than 18 weeks.\n(2) However the Childrens Court may extend the assessment order so that\nthe total length of the order and the proposed extension is longer than\n18 weeks if—\n(a) the total length of the order and the proposed extension will not\nbe longer than 26 weeks; and\n\n(b) the court is satisfied that because of special and exceptional\ncircumstances the extension is necessary for the assessment to\nbe properly completed.\nNote 1 In a proceeding for an assessment order, a fact is proved if it is proved on\n","sortOrder":452},{"sectionNumber":"455","sectionType":"section","heading":"What is a care plan?","content":"455 What is a care plan?\ncare plan, for a child or young person who is, or is proposed to be,\nsubject to a care and protection order or interim care and protection\norder—\n(a) means a written plan for meeting the child’s or young person’s\nprotection or care needs; and\n(b) may include proposals for the purposes of case planning about\n(i) who the director-general considers would be the best\nperson to have a stated aspect of parental responsibility for\n(ii) for an Aboriginal or Torres Strait Islander child or young\nperson—the preservation and enhancement of the identity\nof the child or young person as an Aboriginal or Torres\nStrait Islander person;\n\nCare plans Division 14.3.4\n(iii) if the director-general proposes to place the child or young\nperson in kinship care or foster care—the kind of\nplacement that will be sought or provided for the child or\nyoung person including any interim placement\narrangements;\nNote Placement of children and young people in kinship care and\nfoster care is dealt with in div 15.4.1.\n(iv) how the director-general proposes to ensure the living\narrangements for the child or young person are as stable as\npossible;\n(v) contact arrangements for the child or young person with\nfamily members and significant people as appropriate;\n(vi) services to be provided for the child or young person.\n","sortOrder":453},{"sectionNumber":"456","sectionType":"section","heading":"Care plans—stability proposals","content":"456 Care plans—stability proposals\n(1) This section applies if a care plan includes a proposal mentioned in\nsection 455 (b) (iii) in relation to a child’s or young person’s living\narrangements.\n(2) The director-general must prepare a proposal (a stability proposal)\nthat outlines how the director-general proposes to ensure long-term\nplacement in a safe, nurturing and secure environment.\n(3) A stability proposal may include—\n(a) for a child or young person who lives with their parents—\nstrategies to ensure stable and long-term living arrangements;\nand\n\n(b) for a child or young person who does not live with their\nparents—\n(i) an assessment of whether restoration of the child or young\nperson to their parents is a realistic possibility; or\n(ii) a proposal for restoration that includes changes at the home\nor by the parents that the director-general believes would\nneed to occur before the director-general would consider it\nsafe for the child or young person to return to their parents;\nor\n(iii) a proposal for long-term placement that the\ndirector-general considers to be in the best interests of the\n(c) anything else the director-general considers necessary to ensure\na long-term placement in a safe, nurturing and secure\nenvironment.\n(4) A proposal for long-term placement may include—\n(a) placement under a care and protection order with a long-term\nparental responsibility provision; or\n(b) placement under a care and protection order with an enduring\nparental responsibility provision; or\n(c) placement under a parenting order under the Family Law\nAct 1975 (Cwlth); or\n(d) adoption under the Adoption Act 1993.\n(5) The director-general must not include adoption in a proposal for long-\nterm placement for an Aboriginal or Torres Strait Islander child or\nyoung person under subsection (4) unless the director-general has\nconsidered the Adoption Act 1993, section 39G.\n\nCare plans Division 14.3.4\n","sortOrder":454},{"sectionNumber":"457","sectionType":"section","heading":"Care plans—who must be consulted","content":"457 Care plans—who must be consulted\n(1) If the director-general is preparing a care plan for a child or young\nperson, the director-general must—\n(a) tell the following people about the proposals the director-general\nintends to include in the care plan:\n(ii) each person who has daily care responsibility for the child\nor young person;\n(iii) anyone else who would be involved in implementing a\nproposal;\nExamples—people who would be involved\n1 an out-of-home carer for the child or young person\n2 a community-based service that is providing services to the child\nor young person\n(iv) for a proposal prepared under section 455 (b) (ii)—\n(A) Aboriginal or Torres Strait Islander people who have\nan interest in the wellbeing of the child or young\nperson through family, kinship and cultural ties; and\n(B) any Aboriginal or Torres Strait Islander people or\norganisation identified by the director-general as\nproviding ongoing support services to the child or\nyoung person or the child’s or young person’s family;\nand\n(b) give the people opportunity to make submissions to the\ndirector-general about the proposals.\n(2) If a person makes a submission to the director-general about a\nproposal, the director-general must consider the submission.\n\n","sortOrder":455},{"sectionNumber":"458","sectionType":"section","heading":"Definitions—div 14.3.5","content":"458 Definitions—div 14.3.5\nprotection order means an FVO or a PVO.\nrelevant Act means—\n(a) for an FVO—the Family Violence Act 2016; or\n(b) for a PVO—the Personal Violence Act 2016.\nFVO means a protection order under the Family Violence Act 2016.\nNote A protection order means an interim or final order and includes an order\nabout the seizure of a firearms licence, firearm or ammunition and an\norder amending a protection order (see Family Violence Act 2016, dict,\ndef protection order).\nPVO means a protection order under the Personal Violence Act 2016.\nNote A protection order means an interim or final personal or workplace order\nand includes an order about the seizure of a firearms licence, firearm or\nammunition and an order amending a protection order (see Personal\nViolence Act 2016, dict, def protection order).\n","sortOrder":456},{"sectionNumber":"459","sectionType":"section","heading":"Childrens Court may make or amend protection orders","content":"459 Childrens Court may make or amend protection orders\n(1) This section applies if an application for a care and protection order\nfor a child or young person (the protected child or young person) has\nbeen made but not yet finally decided.\n(2) The Childrens Court may—\n(a) make a protection order for an affected person against a person\nif satisfied that if an application for a protection order were made\nunder the relevant Act, the order could have been validly made;\nor\n\nProtection orders Division 14.3.5\n(b) exercise the jurisdiction of the Magistrates Court under the\nrelevant Act to vary an existing protection order protecting an\naffected person.\nNote 1 A child younger than 10 years old cannot be a respondent to an\napplication for a protection order (see Family Violence Act 2016, s 75 and\nPersonal Violence Act 2016, s 14).\nNote 2 The Childrens Court may make an interim protection order before\nadjourning an application or cross-application under s 431 (Interim\nmatters—Court action before adjournment).\n(3) The Childrens Court may make a protection order or amend an\nexisting protection order—\n(a) on its own initiative; or\n(b) on application by a party to the proceeding for the care and\nprotection order; or\n(c) on application by the public advocate; or\n(d) if the care and protection order is for an Aboriginal or Torres\nNote The procedural requirements set out in ch 19 apply to a proceeding\ninvolving a protection order under this division including the following:\n• statements, documents and reports must be included in the\napplication (see s 696)\n• oral applications may also be made (see s 698)\n• in the proceeding, a fact is proved if it is proved on the balance of\nprobabilities (see s 711)\n• the court may make an order imposing an obligation on a person\nonly if the person agrees to it, has been given an opportunity to be\n\naffected person means—\n(a) a protected child or young person against whom family violence\nhas been, or is likely to be, committed; or\n(b) a family member of the protected child or young person if family\nviolence has been, or is likely to be, committed—\n(i) against the family member by the protected child or young\n(ii) by another person against a protected child or young person\nand that family violence affects the family member.\nfamily member, of a protected child or young person, means—\n(a) a child or young person who is a brother, sister, half-brother,\nhalf-sister, stepbrother or stepsister of the protected child or\n(b) a child or young person who lives in the same household as the\nprotected child or young person; or\n(c) a parent of, or another person that has parental responsibility for,\nthe protected child or young person.\nfamily violence—see the Family Violence Act 2016, section 8.\n","sortOrder":457},{"sectionNumber":"460","sectionType":"section","heading":"Effect of making protection order under this Act","content":"460 Effect of making protection order under this Act\nIf the Childrens Court makes a protection order under this division—\n(a) the order is taken to have been made under the relevant Act; and\n(b) the Childrens Court is taken to have exercised jurisdiction under\nthe relevant Act as the Magistrates Court when making the\n(c) the order may be amended, revoked or appealed from under the\nrelevant Act.\n\nMaking care and protection orders Part 14.4\nPart 14.4 Making care and protection\nNotes to pt 14.4\nAn appraisal order prevails over a care and protection order (see s 375).\nAn assessment order prevails over a care and protection order (see s 441).\n","sortOrder":458},{"sectionNumber":"464","sectionType":"section","heading":"Care and protection order—criteria for making","content":"464 Care and protection order—criteria for making\n(1) The Childrens Court may make a care and protection order for a child\nor young person if the court—\n(a) is satisfied that the child or young person is in need of care and\nprotection; and\n(b) has considered the care plan prepared by the director-general for\n(c) is satisfied that—\n(i) the provisions included in the order are necessary to ensure\nthe care and protection of the child or young person; and\n(ii) making the order is in the best interests of the child or\n(2) The Childrens Court must include in a care and protection order, on\napplication or its own initiative, any of the following provisions that\nthe Childrens Court is satisfied is in the best interests of the child or\nyoung person:\n(c) an enduring parental responsibility provision;\n(d) an ACAT mental health provision;\n(e) a residence provision;\n\nPart 14.4 Making care and protection orders\n(f) a short-term parental responsibility provision;\n(g) a long-term parental responsibility provision;\n(h) a specific issues provision;\n(i) a supervision provision.\n(3) However, the Childrens Court must not include in a care and\nprotection order an enduring parental responsibility provision unless\nsatisfied that the criteria mentioned in section 482 (Enduring parental\nresponsibility provision—criteria for making) are met.\n(4) Unless the Childrens Court orders otherwise, the director-general\nmust give a copy of a care plan provided for a proceeding to each\nother party to the proceeding.\n(5) The Childrens Court—\n(a) must not merely accept the admission of the parties to the\nproceeding that the child or young person is in need of care and\nprotection; but\n(b) must satisfy itself that the child or young person is in need of\ncare and protection.\nNote 1 In a proceeding for a care and protection order, a fact is proved if it is\n(6) The Childrens Court may include a provision in a care and protection\norder on application by a party to the proceeding or on its own\ninitiative.\n(7) If the Childrens Court intends someone to make decisions about\nwhere the child or young person lives, the court must include a\nresidence provision in the care and protection order.\n\nMaking care and protection orders Part 14.4\n","sortOrder":459},{"sectionNumber":"465","sectionType":"section","heading":"Care and protection order—length","content":"465 Care and protection order—length\n(1) The Childrens Court must state the length of each provision included\nin a care and protection order.\n(2) The length of a care and protection order is the length of the longest\nprovision in the order.\nNote 1 The length of parental responsibility provisions is dealt with in—\n(a) for short-term parental responsibility provision—s 476; and\n(b) for enduring parental responsibility provision—s 481 (until the\nchild or young person is 18 years old).\nNote 2 The length of a care and protection order may be extended (see s 471).\n\nPart 14.5 Extending, amending and\nrevoking care and protection\n","sortOrder":460},{"sectionNumber":"466","sectionType":"section","heading":"Care and protection order—extension and amendment","content":"466 Care and protection order—extension and amendment\n(1) A person may apply to the Childrens Court for extension or\namendment of a care and protection order, or a provision in a care and\nprotection order, if the person—\n(a) believes on reasonable grounds that the extension or amendment\nis in the best interests of the child or young person; and\n(b) has the leave of the Childrens Court to make the application.\n(2) The Childrens Court must give leave to someone who was a party to\nthe proceeding in which the care and protection order was made.\n(3) However, the Childrens Court may give leave to someone to apply\nmore than once in a 12-month period only if satisfied that there has\nbeen a significant change in any relevant circumstances since the care\nand protection order was made or last extended or amended.\n\n","sortOrder":461},{"sectionNumber":"467","sectionType":"section","heading":"Care and protection order—revocation applications","content":"467 Care and protection order—revocation applications\n(1) A person may apply to the Childrens Court for revocation of a care\nand protection order, or a provision in a care and protection order if\nthe person—\n(a) believes on reasonable grounds that—\n(i) the child or young person would not be in need of care and\nprotection if the order or provision were revoked; or\n(ii) the order cannot be administered effectively because of the\nchild’s or young person’s persistent refusal to comply with\nthe residence provision of the order; or\n(iii) it is otherwise in the best interests of the child or young\nperson to revoke the order or provision; and\n(b) has the leave of the Childrens Court to make the application.\n(2) The Childrens Court must give leave to someone who was a party to\nthe proceeding in which the care and protection order was made.\n(3) However, the Childrens Court may give leave to someone to apply\nmore than once in a 12 month period only if satisfied that there has\nbeen a significant change in any relevant circumstances since the care\nand protection order was made or last extended or amended.\n\n","sortOrder":462},{"sectionNumber":"468","sectionType":"section","heading":"Care and protection order—application to state what","content":"468 Care and protection order—application to state what\nsought and grounds\nAn application for extension, amendment or revocation of a care and\nprotection order, or a provision in a care and protection order, must\nstate—\n(a) the order or provision proposed to be extended, amended or\nrevoked; and\n(b) how the order or provision is proposed to be extended or\namended; and\n(c) the grounds on which the extension, amendment or revocation\nis proposed.\n","sortOrder":463},{"sectionNumber":"469","sectionType":"section","heading":"Care and protection order—who must be given extension,","content":"469 Care and protection order—who must be given extension,\namendment or revocation\nThe applicant for extension, amendment or revocation of a care and\nprotection order, or a provision in a care and protection order, must\ngive a copy of the application to the following people at least\n3 working days before the application is to be heard by the court:\napplication for the care and protection order;\n(d) if the care and protection order is for an Aboriginal or Torres\n\n","sortOrder":464},{"sectionNumber":"470","sectionType":"section","heading":"Care and protection order—court to consider extension,","content":"470 Care and protection order—court to consider extension,\namendment and revocation applications promptly\nfor extension, amendment or revocation of a care and protection\norder, or a provision in a care and protection order not later than\n5 working days after the day the application is filed.\n(3) If the care and protection order is in force on the day the application\nis filed, but would end before the application is heard, the order\ncontinues in force until the application is heard and decided (whether\nor not the application is considered within the period required under\nthis section).\n","sortOrder":465},{"sectionNumber":"471","sectionType":"section","heading":"Care and protection order—criteria for extensions and","content":"471 Care and protection order—criteria for extensions and\namendments\n(1) The Childrens Court may, by order, extend or amend a provision in a\ncare and protection order if satisfied that extending or amending the\norder as proposed is in the best interests of the child or young person.\n(2) The court may extend a provision in a care and protection order for\nas long as the court considers appropriate.\n(3) The court may amend a provision in a care and protection order in\nany way the court considers appropriate, including—\n(a) substituting a provision with a different provision; or\n\n(b) including an additional provision.\nNote 1 The length of a care and protection order may be extended if the\nChildrens Court makes an annual review report order about an annual\nreview report for a child or young person who is subject to a care and\nprotection order (see pt 14.3).\nNote 2 In a proceeding for a care and protection order, a fact is proved if it is\n(4) This section is subject to section 477 (Short-term parental\nresponsibility provision—extension).\n","sortOrder":466},{"sectionNumber":"472","sectionType":"section","heading":"Care and protection order—criteria for revocation","content":"472 Care and protection order—criteria for revocation\n(1) The Childrens Court may, by order, revoke a care and protection\norder, or a provision in a care and protection order, if satisfied that—\n(a) the child or young person would not be in need of care and\nprotection if the order, or the provision in the order, was\nrevoked; or\n(b) the order cannot be administered effectively because of the\nchild’s or young person’s persistent refusal to comply with the\nresidence provision of the order; or\n(c) it is otherwise in the best interests of the child or young person\nto revoke the order or the provision in the order.\nNote In a proceeding for a care and protection order, a fact is proved if it is\n(2) Before revoking a care and protection order, or a provision in a care\nand protection order, the Childrens Court must consider the following\nmatters:\n(a) the age and maturity of the child or young person;\n(b) the views and wishes of the child or young person;\n\n(c) the living arrangements of the child or young person;\n(d) the risk to the child or young person of harm if the order, or the\nprovision of the order, is revoked.\n","sortOrder":467},{"sectionNumber":"473","sectionType":"section","heading":"Care and protection orders—financial burdens","content":"473 Care and protection orders—financial burdens\nUnless the Childrens Court orders otherwise, if the court makes a care\nand protection order involving a financial cost to a person, the person\nis responsible for the cost.\n\nPart 14.6 Parental responsibility\n","sortOrder":468},{"sectionNumber":"474","sectionType":"section","heading":"What is a parental responsibility provision?","content":"474 What is a parental responsibility provision?\nparental responsibility provision, in a care and protection order, or\ninterim care and protection order, for a child or young person—\n(a) means a provision about who has a stated aspect of parental\n(b) may, but need not, include 1 or more of the following directions:\n(i) that a stated person has daily care responsibility for the\nchild or young person;\n(ii) that a stated person has long-term care responsibility for\n(iii) that parental responsibility for the child or young person is\nshared between stated people;\n(iv) that a stated person (including the director-general) who\nhas long-term care responsibility for the child or young\nperson must consult with each other person who shares\nlong-term care responsibility for the child or young person\nin making a decision about a long-term matter for the child\nor young person;\n\nShort-term parental responsibility provisions Division 14.6.2\n(v) that a stated person who has parental responsibility for the\nchild or young person must exercise the responsibility in a\nstated way.\nNote If a care and protection order is in force for a child or young person and\nthe director-general or a police officer believes on reasonable grounds\nthat someone has contravened the order and because of the contravention,\nthe child or young person is in danger, the director-general or police\nofficer may apply to the Childrens Court for a warrant to have the child\nor young person taken into safe custody (see s 685).\n","sortOrder":469},{"sectionNumber":"475","sectionType":"section","heading":"Director-general sharing daily care responsibility","content":"475 Director-general sharing daily care responsibility\n(1) This section applies if the director-general shares with another person\ndaily care responsibility for a child or young person.\n(2) No other person with daily care responsibility for the child or young\nperson may discharge the responsibility in a way that would be\nincompatible with the director-general’s discharge of the\nresponsibility.\nNote Usually, if parental responsibility is shared between 2 or more people,\neither of them may discharge the responsibility (see s 18).\n","sortOrder":470},{"sectionNumber":"Div 14","sectionType":"division","heading":"6.2 Short-term parental responsibility","content":"Division 14.6.2 Short-term parental responsibility\n","sortOrder":471},{"sectionNumber":"476","sectionType":"section","heading":"What is a short-term parental responsibility provision?","content":"476 What is a short-term parental responsibility provision?\nshort-term parental responsibility provision means a parental\nresponsibility provision in a care and protection order that is not\nlonger than—\n(a) for a child who is younger than 2 years old when the order is\nmade—1 year; and\n(b) in any other case—2 years.\n\n","sortOrder":472},{"sectionNumber":"477","sectionType":"section","heading":"Short-term parental responsibility provision—extension","content":"477 Short-term parental responsibility provision—extension\n(1) The Childrens Court may extend a short-term parental responsibility\nprovision in a care and protection order (the extension decision) if\nsatisfied that extending the provision is in the best interests of the\n(2) However, for subsection (1) it is a rebuttable presumption that it is in\nthe best interests of the child or young person for the child or young\nperson to be subject to a long-term parental responsibility provision\nif—\n(a) for a child who is younger than 2 years old when the extension\ndecision is made—\n(i) the director-general has had an aspect of daily care\nresponsibility or long-term care responsibility for a total of\nat least 1 year before the extension decision is made; and\n(ii) the child or young person has been living with a stated\nperson under a care and protection order for a total of at\nleast 1 year before the extension decision is made; or\n(b) in any other case—\n(i) the director-general has had an aspect of daily care\nresponsibility or long-term care responsibility for—\n(A) the 2 years immediately before the extension decision\nis made; or\n(B) a total of at least 2 years in the 3 years immediately\nbefore the extension decision is made; and\n\nShort-term parental responsibility provisions Division 14.6.2\n(ii) the child or young person has been living with a stated\nperson under a care and protection order for—\n(A) the 2 years immediately before the extension decision\nis made; or\n(B) a total of at least 2 years in the 3 years immediately\nbefore the extension decision is made.\n(3) To rebut the presumption, a person who is a parent of the child or\nyoung person, or someone else who has had parental responsibility\nfor the child or young person during the term of the order, must satisfy\nthe Childrens Court that—\n(a) the person is likely to be able to resume care of the child or\nyoung person during the period of extension; and\n(b) it is in the best interests of the child or young person for the\nperson to resume care of the child or young person during the\nperiod of extension.\n(4) In subsection (2):\nstated person means—\n(a) the carer under the care and protection order; or\n(b) one parent to the exclusion of another parent; or\n(c) a family member who is not a parent.\nNote 1 A short-term parental responsibility provision may be extended, amended\nor revoked under pt 14.5.\nNote 2 If an application has been made to the Childrens Court for a care and\nprotection order and the application is adjourned, any parental\nresponsibility provision that is in force at the time of the adjournment\nmay be extended until the end of the adjournment or revoked (see s 431).\n\n","sortOrder":473},{"sectionNumber":"478","sectionType":"section","heading":"Short-term parental responsibility provision—financial","content":"478 Short-term parental responsibility provision—financial\ncontribution\n(1) This section applies if the Childrens Court includes a short-term\nparental responsibility provision in a care and protection order for a\nchild or young person and the provision—\n(a) transfers parental responsibility for the child or young person to\nthe director-general; or\n(b) shares parental responsibility for the child or young person with\n(2) The court may order a parent of the child or young person to pay an\namount (the contribution) to the director-general as a contribution to\nthe cost of the care of the child or young person.\n(3) In deciding the amount of the contribution, the court must have regard\nto the financial circumstances of the parent.\n\nLong-term parental responsibility provisions Division 14.6.3\nDivision 14.6.3 Long-term parental responsibility\n","sortOrder":474},{"sectionNumber":"479","sectionType":"section","heading":"What is a long-term parental responsibility provision?","content":"479 What is a long-term parental responsibility provision?\nlong-term parental responsibility provision means a parental\nresponsibility provision in a care and protection order that—\n(a) is in force until the child or young person is 18 years old; and\n(b) transfers daily care responsibility and long-term care\nresponsibility for the child or young person to the\ndirector-general or another stated person, unless the order states\nthat a particular aspect of responsibility is transferred.\nA parental responsibility provision that transfers daily care responsibility for a child\nor young person to the director-general until the child or young person is 18 years\nold but does not transfer long-term care responsibility to the director-general.\n","sortOrder":475},{"sectionNumber":"480","sectionType":"section","heading":"Long-term parental responsibility provision—financial","content":"480 Long-term parental responsibility provision—financial\ncontribution by parents\n(1) This section applies if the Childrens Court includes a long-term\nparental responsibility provision in a care and protection order for a\nchild or young person and the provision—\n(a) transfers parental responsibility for the child or young person to\nthe director-general; or\n(b) shares parental responsibility for the child or young person with\n(2) The Childrens Court may order a parent of the child or young person\nto pay an amount (the contribution) to the director-general as a\ncontribution to the cost of the care of the child or young person.\n\n(3) In deciding the amount of the contribution, the Childrens Court must\nhave regard to the financial circumstances of the parent.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\nDivision 14.6.4 Enduring parental responsibility\n","sortOrder":476},{"sectionNumber":"481","sectionType":"section","heading":"What is an enduring parental responsibility provision?","content":"481 What is an enduring parental responsibility provision?\nenduring parental responsibility provision means a parental\nresponsibility provision in a care and protection order that—\n(a) transfers daily care responsibility and long-term care\nresponsibility for the child or young person to a stated person;\nand\n(b) does not transfer parental responsibility to the director-general;\nand\n(c) is in force until the child or young person is 18 years old.\n(2) To remove any doubt, an enduring parental responsibility provision\nis taken to include a residence provision that authorises the stated\nperson to decide where and with whom a child or young person must\nlive.\n\nEnduring parental responsibility provisions Division 14.6.4\n","sortOrder":477},{"sectionNumber":"482","sectionType":"section","heading":"Enduring parental responsibility provision—criteria for","content":"482 Enduring parental responsibility provision—criteria for\nmaking\n(1) The Childrens Court may, on application or on its own initiative,\ninclude an enduring parental responsibility provision in a care and\nprotection order for a child or young person if—\n(a) no-one with parental responsibility for the child or young person\n(other than under a care and protection order) has had care of the\nchild or young person for—\n(i) the year immediately before the order is made; or\n(ii) a total of at least 1 year in the 2 years immediately before\nthe order is made; and\n(b) the child or young person has been living with a stated person\nunder a care and protection order for—\n(i) the year immediately before the order is made; or\n(ii) a total of at least 1 year in the 2 years immediately before\nthe order is made; and\n(c) the court is satisfied that—\n(i) no-one with parental responsibility for the child or young\nperson (other than under a care and protection order)\n(a previous carer) is willing or able to exercise daily care\nresponsibility or long-term care responsibility for the child\nor young person; or\n(ii) it is not in the best interests of the child or young person\nfor a previous carer to exercise those responsibilities for\n\n(d) the court is satisfied that—\n(i) it is unlikely that a previous carer of the child or young\nperson will be willing or able to exercise daily care\nresponsibility or long-term care responsibility for the child\nor young person before the child or young person is 18\nyears old; or\n(ii) it is unlikely that it would be in the best interests of the\nchild or young person for a previous carer to exercise those\nresponsibilities for the child or young person before the\nchild or young person is 18 years old; and\n(e) the court is satisfied that the stated person is willing and able to\nexercise daily care responsibility or long-term care\n(f) the court is satisfied that including the provision is the best way\nto meet the child’s or young person’s need for emotional\nsecurity in the long-term; and\n(g) for an Aboriginal or Torres Strait Islander child or young\nperson—the court has given any Aboriginal or Torres Strait\nIslander person or organisation that has provided ongoing\nsupport services to the child or young person and their family a\nreasonable opportunity to provide a written report about the\nmaking of the proposed provision.\n\nEnduring parental responsibility provisions Division 14.6.4\nstated person means the person to whom the court proposes to\ntransfer daily care responsibility and long-term care responsibility for\nthe child or young person under the proposed enduring parental\nresponsibility provision.\nNote 1 An enduring parental responsibility provision may be amended or\nrevoked under pt 14.5.\nNote 2 In a proceeding for a care and protection order, a fact is proved if it is\n","sortOrder":478},{"sectionNumber":"483","sectionType":"section","heading":"Enduring parental responsibility provision—financial","content":"483 Enduring parental responsibility provision—financial\ncontribution\n(a) the Childrens Court includes an enduring parental responsibility\nprovision in a care and protection order for a child or young\n(b) immediately before the order was made, the director-general had\ndaily care responsibility for the child or young person.\n(2) The director-general may provide financial or other assistance to the\nperson to whom the provision transfers parental responsibility for the\n\n","sortOrder":479},{"sectionNumber":"484","sectionType":"section","heading":"What is a residence provision?","content":"484 What is a residence provision?\nresidence provision, in a care and protection order, or an interim care\nand protection order, for a child or young person—\n(a) means a provision—\n(i) about where or with whom a child or young person must\nlive; or\n(ii) authorising a person to decide where or with whom a child\nor young person must live; and\n(b) may include 1 or more of the following directions:\n(i) that a stated person must not live at the same premises as\nthe child or young person (including that the stated person\nmust stop living at those premises);\n(ii) that a stated person may live with the child or young person\nonly subject to stated conditions.\nExample—stated condition\nthat the stated person must undertake an anger management program\n\nContact provisions Part 14.8\n","sortOrder":480},{"sectionNumber":"485","sectionType":"section","heading":"What is a contact provision?","content":"485 What is a contact provision?\ncontact provision, in a care and protection order, or an interim care\nand protection order, for a child or young person means a provision—\n(a) about who may, or must not, have contact with the child or\n(b) authorising the director-general or another person to decide with\nwhom the child or young person may have contact and to decide\nany conditions for the contact.\nExamples—decisions and conditions\n1 that a child may have contact with a stated person for at least 4 hours each\nweek if the person complies with the drug use provision in the order\n2 that a young person may have supervised contact with a stated person twice\neach week as arranged by the director-general\n3 that a child may have contact with a stated person in accordance with a care\nplan\nNote Contact, with a person, is defined in s 348.\n","sortOrder":481},{"sectionNumber":"486","sectionType":"section","heading":"Contact provision—presumption about contact with","content":"486 Contact provision—presumption about contact with\nfamily\n(1) This section applies if someone applies for a contact provision to be\nincluded in a care and protection order for a child or young person.\n(2) There is a rebuttable presumption that it is in the best interests of the\nchild or young person for the child or young person to have contact\nwith a person with parental responsibility for the child or young\nperson or their siblings.\n\n","sortOrder":482},{"sectionNumber":"487","sectionType":"section","heading":"Contact provision—sibling may join proceeding without","content":"487 Contact provision—sibling may join proceeding without\nleave\nIf someone applies for a contact provision to be included in a care and\nprotection order for a child or young person, a sibling of the child or\nyoung person does not need the leave of the Childrens Court to be\njoined as a party to the proceeding on the application.\n\nDrug use provisions Part 14.9\nPart 14.9 Drug use provisions\n","sortOrder":483},{"sectionNumber":"488","sectionType":"section","heading":"What is a drug use provision?","content":"488 What is a drug use provision?\ndrug use provision, for a stated person, in a care and protection order,\nor an interim care and protection order, for a child or young person\nmeans a provision about usage of drugs by the stated person that\nincludes 1 or more of the following directions:\n(a) that the stated person must not use a stated drug;\n(b) that the stated person may use a stated drug only in accordance\nwith the conditions in the provision;\n(c) that the stated person undergo drug testing as directed by the\ndirector-general in accordance with the drug testing standards.\nNote The Minister may make drug testing standards under s 887.\n\n","sortOrder":484},{"sectionNumber":"489","sectionType":"section","heading":"What is a supervision provision?","content":"489 What is a supervision provision?\nsupervision provision, in a care and protection order, or an interim\ncare and protection order, for a child or young person, means a\nprovision placing the child or young person, for the period stated in\nthe order, under the supervision of the director-general.\nNote If a care and protection order including a supervision provision is in force\nfor the child or young person for longer than 6 months, the\ndirector-general must prepare an annual review report for the child or\nyoung person (see pt 14.13).\n(2) A supervision provision may, but need not, include 1 or more of the\nfollowing requirements:\n(a) that 1 or more of the following people must report to the\ndirector-general at the reasonable times and places stated by the\ndirector-general:\n(ii) a parent of the child or young person;\n(iii) someone else who has daily care responsibility, or\n(b) that 1 or more of the following people must take part in\ndiscussions with the director-general about the child’s or young\nperson’s care, wellbeing or development:\n(ii) a parent of the child or young person;\n\nSupervision provisions Part 14.10\n(iii) someone else who has daily care responsibility, or\nExample—discussion about care, wellbeing or development\na discussion about whether the child or young person should undertake some\nform of education, vocational or recreational activity\n(c) that a person with parental responsibility for the child or young\nperson allow the director-general entry to stated premises for the\npurpose of supervising the care and protection of the child or\n(3) Subsection (2) does not limit the matters for which the Childrens\nCourt may make a supervision provision.\n","sortOrder":485},{"sectionNumber":"490","sectionType":"section","heading":"Supervision provision—meetings with director-general","content":"490 Supervision provision—meetings with director-general\nIf a care and protection order including a supervision provision is in\nforce for a child or young person, the director-general may meet and\ntalk with the child or young person alone or otherwise.\n\n","sortOrder":486},{"sectionNumber":"491","sectionType":"section","heading":"What is an ACAT mental health provision?","content":"491 What is an ACAT mental health provision?\nACAT mental health provision, in a care and protection order, or an\ninterim care and protection order, for a child or young person means\na provision directing the child or young person to submit to the\njurisdiction of the ACAT to allow the ACAT—\n(a) to decide whether the child or young person has a mental\ndisorder or mental illness; and\n(b) if the ACAT decides that the child or young person has a mental\ndisorder or mental illness—to make recommendations to the\nChildrens Court about how the child or young person should be\ndealt with.\n\nSpecific issues provisions Part 14.12\nPart 14.12 Specific issues provisions\n","sortOrder":487},{"sectionNumber":"492","sectionType":"section","heading":"What is a specific issues provision?","content":"492 What is a specific issues provision?\nspecific issues provision, in a care and protection order, or an interim\ncare and protection order, for a child or young person means a\nprovision about the care and protection of the child or young person\nthat includes 1 or more of the following directions:\n(a) that a stated entity must do a stated thing;\n(b) that a stated entity must not do a stated thing;\n(c) that a stated entity must comply with a stated condition.\nExamples—directions to do a stated thing\n1 that a parent of the child or young person attend a stated parenting course\n2 that a stated individual or body give to the director-general stated oral or\nwritten information about the care, wellbeing or development of a child or\nyoung person\n\nPart 14.13 Annual review reports—parental\nresponsibility provisions and\nsupervision provisions\n","sortOrder":488},{"sectionNumber":"492A","sectionType":"section","heading":"Definitions—pt 14.13","content":"492A Definitions—pt 14.13\nannual review report order—see section 500 (2).\nwaiver order—see section 498 (1).\n","sortOrder":489},{"sectionNumber":"493","sectionType":"section","heading":"What is a reviewable care and protection order?","content":"493 What is a reviewable care and protection order?\nreviewable care and protection order means a care and protection\norder that is in force, if the order—\n(a) has been in force for longer than 6 months; and\n(b) includes—\n(i) a parental responsibility provision giving parental\nresponsibility for the child or young person to the\ndirector-general; or\nNote Parental responsibility provisions are dealt with in pt 14.6.\n(ii) a supervision provision.\nNote Supervision provisions are dealt with in pt 14.10.\n\n","sortOrder":490},{"sectionNumber":"494","sectionType":"section","heading":"What is an annual review report?","content":"494 What is an annual review report?\nannual review report, for a reviewable care and protection order,\nmeans a report about—\n(a) the circumstances and living arrangements of the child or young\nperson who is the subject of the care and protection order; and\n(b) whether the director-general considers the existing\narrangements for the care and protection of the child or young\nperson are in the best interests of the child or young person.\n","sortOrder":491},{"sectionNumber":"495","sectionType":"section","heading":"Annual review report—prepared at least annually","content":"495 Annual review report—prepared at least annually\nThe director-general must prepare an annual review report for a\nreviewable care and protection order—\n(a) at least once every 12 months while the order is in force; or\n(b) if the order is in force for less than 12 months—when the order\nexpires.\n","sortOrder":492},{"sectionNumber":"496","sectionType":"section","heading":"Annual review report—consultation","content":"496 Annual review report—consultation\n(1) This section applies if the director-general is preparing an annual\nreview report for a child or young person.\n(2) Before the director-general finalises the report, the director-general\nmust, as far as is practicable and if the director-general considers it is\nin the child’s or young person’s best interests, arrange a meeting with\nthe following people to discuss the matters that the director-general\nproposes to include in the report:\n(a) if the director-general is satisfied that the child or young person\ncan understand and take part in the meeting—the child or young\n(b) each person who has daily care responsibility or long-term care\n\n(c) if the child or young person is placed with an out-of-home carer\nwho is—\n(i) a kinship carer—the kinship carer and the kinship carer’s\napproved kinship and foster care organisation; or\n(ii) for a foster carer—the foster carer and the foster carer’s\napproved kinship and foster care organisation; or\n(iii) for a residential care service—the residential care service;\n(d) anyone else the director-general considers appropriate.\nExamples—par (d)\n1 the Aboriginal and Torres Strait Islander children and young people\n2 the public advocate\n(3) The matters discussed at the meeting may include sensitive\nNote Sensitive information is defined in s 845.\n","sortOrder":493},{"sectionNumber":"497","sectionType":"section","heading":"Annual review report—must be given to certain people","content":"497 Annual review report—must be given to certain people\n(1) The director-general must give an annual review report for a care and\nprotection order for a child or young person to each of the following\n(b) each person who has daily care responsibility, or long-term care\nresponsibility, for the child or young person;\n(c) each kinship carer or foster carer caring for the child or young\n\nNote If a provision requires a person to act in relation to a parent of a child or\nyoung person, the person is not required to act in relation to the parent if\nthe person cannot after reasonable inquiry find the parent (see s 21).\n(2) If requested by the Childrens Court, the director-general must also\ngive an annual review report for a care and protection order for a child\nor young person to the Childrens Court.\n(3) The director-general may also give the annual review report to\nsomeone else so that the other person can give the report to a person\nmentioned in subsection (1).\n(4) Before giving an annual review report to someone mentioned in\nsubsection (1) (a), (b) or (c) or subsection (3), the director-general\nmay make minor alterations to the report to protect the privacy and\nconfidentiality of a person named in the report.\n","sortOrder":494},{"sectionNumber":"498","sectionType":"section","heading":"Annual review report—application for waiver of obligation","content":"498 Annual review report—application for waiver of obligation\nto give report to someone\nwaiving the need to give an annual review report about a child or\nyoung person to someone mentioned in section 497 (1) (a), (b) or (c)\n(a waiver order) if the director-general considers that giving the\nreport to the person would not be in the best interests of the child or\n(2) The director-general must give a copy of the application to each\nperson mentioned in section 497 (1).\n\n","sortOrder":495},{"sectionNumber":"499","sectionType":"section","heading":"Annual review report—waiver of obligation to give annual","content":"499 Annual review report—waiver of obligation to give annual\nreview report to someone\n(1) This section applies if the Childrens Court has received an application\nfor a waiver order.\n(2) The application may be heard in the absence of a party.\n(3) The Childrens Court must make the waiver order if satisfied that\ngiving the annual review report to the person mentioned in the\napplication would not be in the best interests of the child or young\n(4) If the court is not satisfied under subsection (3), the court—\n(a) must order the director-general to give the person mentioned in\nthe application with a copy of the annual review report, either in\nfull or in part; and\n(b) may make any other order about the provision of the annual\nreview report that the court considers appropriate.\n","sortOrder":496},{"sectionNumber":"500","sectionType":"section","heading":"Annual review report—public advocate may require","content":"500 Annual review report—public advocate may require\ndirector-general to give annual review report to someone\n(a) must give an annual review report to someone under\nsection 497 (1) (Annual review report—must be given to certain\npeople); and\n(b) has not given the report to the person; and\n(c) has not obtained a waiver order for the person.\n(2) The following may apply to the Childrens Court for an order requiring\nthe director-general to give the annual review report to the person\n(an annual review report order):\n\n(b) if the annual review report is for a care and protection order for\nan Aboriginal or Torres Strait Islander child or young person—\nthe Aboriginal and Torres Strait Islander children and young\npeople commissioner.\n(3) The applicant for the annual review report order must give the\ndirector-general a copy of the application promptly after the\napplication is filed.\n(4) The Childrens Court may make an annual review report order.\n(5) If the court makes an annual review report order, the director-general\nmust give the annual review report to the person not later than 14 days\nafter the day the court makes the order.\n","sortOrder":497},{"sectionNumber":"501","sectionType":"section","heading":"Annual review report—extension of care and protection","content":"501 Annual review report—extension of care and protection\norder\n(1) This section applies if the Childrens Court makes an annual review\nreport order about an annual review report for a child or young person\nwho is subject to a care and protection order.\n(2) If the care and protection order ends less than 1 month after the day\nthe annual review report order is made, the court may extend the\nlength of the care and protection order so that it ends not more than\n1 month after the day the annual review report order is made.\n\n","sortOrder":498},{"sectionNumber":"Part 14A","sectionType":"part","heading":"Care and protection—","content":"Chapter 14A Care and protection—\ntherapeutic support panel for\n","sortOrder":499},{"sectionNumber":"501A","sectionType":"section","heading":"Definitions—ch 14A","content":"501A Definitions—ch 14A\nreferral, of a child or young person by a referring entity, means a\nrequest for the therapeutic support panel to evaluate the therapeutic\nneeds of the child or young person.\nreferring entity, for referrals of a child or young person, means any\nof the following:\n(a) the chief police officer;\n(b) a territory entity;\n(c) an ACT education provider;\n(d) a health facility;\n(e) a health practitioner;\n(f) a judge or magistrate;\n(g) an ACAT member;\n(h) a registrar or deputy registrar of the Supreme Court, the\nMagistrates Court, the Childrens Court or the ACAT;\n(i) the Chief Executive Officer of ACT Courts and Tribunals;\n(j) the human rights commission;\n(k) the public advocate;\n\nPreliminary Part 14A.1\n(l) the legal aid commission;\n(m) a person who has daily care responsibility or long-term care\n(n) an entity prescribed by regulation.\nACAT member—see the ACT Civil and Administrative Tribunal\nAct 2008, dictionary, definition of tribunal member.\nACT education provider—see section 25 (3).\nChief Executive Officer of ACT Courts and Tribunals—see the\nCourt Procedures Act 2004, section 11A (1).\n\nPart 14A.2 Therapeutic Support Panel for\nChildren and Young People\n","sortOrder":500},{"sectionNumber":"501B","sectionType":"section","heading":"Establishment of panel","content":"501B Establishment of panel\nThe Therapeutic Support Panel for Children and Young People is\nestablished.\n","sortOrder":501},{"sectionNumber":"501C","sectionType":"section","heading":"Functions of panel","content":"501C Functions of panel\n(1) The therapeutic support panel has the following functions:\n(a) receiving referrals of children and young people from a referring\nentity;\n(b) assessing the therapeutic needs of referred children and young\npeople;\n(c) giving advice on appropriate therapeutic treatment and support\nfor referred children and young people;\n(d) coordinating therapeutic services for referred children and\n(e) recommending whether applications for an intensive therapy\norder should be made;\n(f) assisting to develop therapy plans for referred children and\n(g) providing advice and assistance to the director-general in\nrelation to—\n(i) family group conference agreements; and\n(ii) access to services for the care and support of children and\nyoung people; and\n(iii) therapy transition plans; and\n\n(iv) any other matter the panel considers necessary or\nappropriate;\n(h) any other function—\n(i) given to the panel under this Act or another territory law;\nor\n(ii) prescribed by regulation.\nNote A provision of a law that gives an entity a function also gives the entity\npowers necessary and convenient to exercise the function (see Legislation\nAct, s 196).\n(2) The panel is not subject to direction from anyone in relation to the\nexercise of its functions.\n(3) However, the panel must comply with any guidelines made by the\nMinister under subsection (4).\n(4) The Minister may, after consulting the chair of the panel, make\nguidelines about the principles and procedures to be followed by the\npanel when exercising its functions.\n(5) A guideline is a notifiable instrument.\n","sortOrder":502},{"sectionNumber":"501D","sectionType":"section","heading":"Panel members","content":"501D Panel members\nThe therapeutic support panel is made up of—\n(a) the chair appointed under section 501F; and\n(b) the other members appointed under section 501E.\n","sortOrder":503},{"sectionNumber":"501E","sectionType":"section","heading":"Appointment of panel members","content":"501E Appointment of panel members\n(1) The Minister must appoint at least 10, but not more than 12, members\nto the therapeutic support panel.\n\n(2) The Minister may appoint a person as a member of the panel only if\nsatisfied that the person—\n(a) has qualifications, experience or expertise in 1 or more of the\n(i) psychology;\n(ii) paediatrics;\n(iii) criminology;\n(iv) education;\n(v) working with Aboriginal and Torres Strait Islander\nchildren and young people;\n(vi) working with culturally and linguistically diverse children\nand young people;\n(vii) social work;\n(viii) mental health;\n(ix) child protection;\n(x) disability; or\n(b) has other qualifications, experience or expertise, or membership\nof an organisation, relevant to exercising the functions of a panel\nmember; or\n(c) is a police officer nominated by the chief police officer as an\nofficer experienced in working with children and young people\nand families.\n(3) The Minister must ensure that the panel membership represents a\ndiversity of experience and expertise from the different areas\n\n(4) The Minister must appoint—\n(a) at least 1 person to the panel to represent Aboriginal and Torres\nStrait Islander people; and\n(b) at least 1 person to the panel who is an Aboriginal or Torres\nStrait Islander person.\n(5) The Minister must not appoint someone to the panel unless satisfied\nthat the person is suitable to be a member of the panel.\n(6) In considering whether someone is suitable to be a member of the\npanel, the Minister—\n(a) must consider relevant information of the kind mentioned in\nsection 65 (1), definition of suitability information,\nparagraphs (a), (b) and (c) about the person; and\n(7) The appointment of a member is for not longer than 4 years.\n(8) The conditions of appointment of a member are the conditions stated\n","sortOrder":504},{"sectionNumber":"501F","sectionType":"section","heading":"Appointment of chair of panel","content":"501F Appointment of chair of panel\n(1) The Minister must appoint a chair of the therapeutic support panel.\n(2) The appointment of the chair is in addition to the appointments made\nunder section 501E.\n(3) The Minister must not appoint someone unless satisfied that the\n(a) has the expertise or experience to be the chair of the panel; and\n(b) is otherwise suitable to be the chair.\n\n(4) In considering whether someone is suitable to be a chair of the panel,\nthe Minister—\n(a) must consider relevant information of the kind mentioned in\nsection 65 (1), definition of suitability information,\nparagraphs (a), (b) and (c) about the person; and\n(5) The appointment of the chair is for not longer than 5 years.\n(6) The conditions of appointment of the chair are the conditions stated\n","sortOrder":505},{"sectionNumber":"501G","sectionType":"section","heading":"Functions of chair of panel","content":"501G Functions of chair of panel\n(1) The chair of the therapeutic support panel has the following\nfunctions:\n(a) managing the matters before the panel;\n(b) presiding at meetings of the panel;\n(c) preparing therapy plans;\n(d) informing the director-general about the operation of the panel;\n(e) informing a territory entity about systemic issues that affect\nchildren and young people the subject of referrals.\n(2) The chair of the panel must decide which members of the panel, based\non expertise or experience, are required to deal with a matter that\ncomes before the panel.\n\n","sortOrder":506},{"sectionNumber":"501H","sectionType":"section","heading":"Appointment of deputy chair of panel","content":"501H Appointment of deputy chair of panel\nThe Minister must appoint a deputy chair of the therapeutic support\npanel from the members appointed under section 501E.\n","sortOrder":507},{"sectionNumber":"501I","sectionType":"section","heading":"Functions of deputy chair of panel","content":"501I Functions of deputy chair of panel\nIf the chair of the therapeutic support panel is absent or cannot for\nany reason exercise the functions of the chair, the deputy chair of the\npanel must act as the chair.\n","sortOrder":508},{"sectionNumber":"501J","sectionType":"section","heading":"Conduct of panel meetings","content":"501J Conduct of panel meetings\n(1) The therapeutic support panel may conduct its meetings as it\n(2) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a member\ntaking part to hear what each other member taking part says without\nthe members being in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n(3) A member who takes part in a meeting conducted under\nsubsection (2) is taken to be present at the meeting.\n(4) The panel must keep a record of its meetings.\n","sortOrder":509},{"sectionNumber":"501K","sectionType":"section","heading":"Conflict of interest","content":"501K Conflict of interest\nA member of the therapeutic support panel must take all reasonable\nsteps to avoid being placed in a position where a conflict of interest\narises during the exercise of the panel’s functions.\n\n","sortOrder":510},{"sectionNumber":"501L","sectionType":"section","heading":"Ending member appointments","content":"501L Ending member appointments\nThe Minister may end the appointment of the chair, deputy chair or\nanother member of the therapeutic support panel appointed under\nsection 501E—\n(a) for misbehaviour; or\n(b) if the member is convicted, or found guilty, in Australia of an\nindictable offence; or\n(c) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\nan indictable offence; or\n(d) if the member is absent, otherwise than on approved leave, from\n3 consecutive meetings of the panel about a matter required to\nbe dealt with by the member; or\n(e) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\n","sortOrder":511},{"sectionNumber":"501M","sectionType":"section","heading":"Appointment of advisers","content":"501M Appointment of advisers\n(1) The Minister may, on the request of the therapeutic support panel,\nappoint a person as an adviser to the panel.\n(2) However, the Minister must not appoint someone unless satisfied that\nthe person has the experience or expertise to exercise the functions of\nan adviser.\n(3) An appointment may be subject to conditions stated in the\nappointment.\n(4) An adviser must, on request of the therapeutic support panel, provide\nadvice to the panel in relation to the panel’s functions and otherwise\nin accordance with any conditions of appointment.\n\n(5) The Minister may end the appointment of an adviser if the adviser\nbreaches a condition of appointment.\n","sortOrder":512},{"sectionNumber":"501N","sectionType":"section","heading":"Director-general to give support to panel","content":"501N Director-general to give support to panel\nThe director-general must provide administrative support and\nfacilities for the therapeutic support panel.\n","sortOrder":513},{"sectionNumber":"501O","sectionType":"section","heading":"Arrangements for panel staff and facilities","content":"501O Arrangements for panel staff and facilities\nThe therapeutic support panel may arrange with the head of service\nto use—\n(a) the services of a public servant; or\n(b) territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n","sortOrder":514},{"sectionNumber":"501P","sectionType":"section","heading":"Power to obtain information from information sharing","content":"501P Power to obtain information from information sharing\n(1) The chair of the therapeutic support panel may, for the purpose of\npreparing a therapy plan for a child or young person, by written notice\nrequest an information sharing entity to give the chair safety and\nwellbeing information, produce a document or something else\n(the requested information) about the child or young person.\n(2) An information sharing entity that receives a request under\nsubsection (1) must not fail to comply with the request unless the\nentity does not have the requested information, or has a reasonable\nexcuse for failing to comply.\nExample—reasonable excuse for failing to comply with request\n1 risk of compromising a criminal investigation\n2 risk to the safety or wellbeing of a person\n3 protecting the identity of a person disclosing confidential information\n\n(3) On receipt of a request under subsection (1) an information sharing\nentity must promptly—\n(a) comply with the request; or\n(b) tell the chair, in writing, the reason for failing to comply with\nthe request.\ninformation means information in any form.\n1 a written document\n2 an electronic record\ninformation sharing entity means an entity—\n(a) mentioned in section 859 (1); or\n(b) prescribed by regulation.\nsafety and wellbeing information, in relation to a child or young\nperson, means information that is relevant to the health, safety or\n\nReferrals to therapeutic support panel Part 14A.3\nPart 14A.3 Referrals to therapeutic support\npanel\n","sortOrder":515},{"sectionNumber":"501Q","sectionType":"section","heading":"Referrals to therapeutic support panel","content":"501Q Referrals to therapeutic support panel\n(1) A referring entity may make a referral to the therapeutic support panel\nif the entity believes on reasonable grounds that a child or young\n(a) has a genuine need for therapeutic support services; and\n(b) is at risk of engaging in or has engaged in—\n(i) harm to themselves or someone else; or\n(ii) serious damage to property or the environment or cruelty\nto an animal; or\n(iii) any other serious or destructive behaviour.\n(2) A referral must—\n(i) the name and contact details of the person making the\nreferral on behalf of the referring entity; and\n(ii) the name and address of the referring entity; and\n(iii) the name and whereabouts (if known) of the child or young\nperson the subject of the referral; and\n(iv) any other particulars prescribed by regulation; and\n(c) be given to the parent or person with daily care responsibility\nfor the child or young person, but only if practicable and in the\nbest interests of the child or young person; and\n(d) comply with any other requirements prescribed by regulation.\n\nPart 14A.3 Referrals to therapeutic support panel\n(3) However, a referral may be made orally if the chair of the panel is\nsatisfied on reasonable grounds that exceptional circumstances justify\naction without a written referral.\nExamples—exceptional circumstances\n1 Waiting until the referral is put in writing would make action in response to\nthe referral impossible or impractical.\n2 Waiting until the referral is put in writing poses a risk to the life or health of a\n(4) If a referral is made orally under subsection (3), the chair of the panel\nmust make a written record of the referral as soon as practicable.\n","sortOrder":516},{"sectionNumber":"501R","sectionType":"section","heading":"Panel to act on referrals","content":"501R Panel to act on referrals\n(1) This section applies if the therapeutic support panel receives a\nreferral.\n(2) The chair of the panel—\n(a) must consider the referral promptly; and\n(b) must carry out an initial assessment of the matters raised in the\nreferral to decide whether the child or young person may be in\nneed of intensive therapy; and\n(c) must take all reasonable steps to consult the child or young\nperson, and any parent or person with daily care responsibility\n(d) must take into account the views of a person consulted under\nparagraph (c) unless it is not in the best interests of the child or\n(e) may take the action that the chair considers appropriate in\nrelation to the initial assessment or take no action.\n\nReferrals to therapeutic support panel Part 14A.3\n(3) The chair of the panel may, at any stage after receiving a referral—\n(a) take reasonable steps to obtain further information about the\nmatters raised in the referral including seeking information from\nan information sharing entity; and\nExample—reasonable steps\na home visit to interview family members\n(b) ask a territory entity or an ACT education provider to provide\nassistance, facilities or services relevant to the physical or\nemotional wellbeing of the child or young person.\n(4) A territory entity or a government school or school-related institution\nthat receives a request under subsection (3) (b) must—\n(a) comply with the request promptly; and\n(b) take reasonable steps to prioritise services needed to support the\nphysical or emotional wellbeing of the child or young person.\nACT education provider—see section 25 (3).\ninformation sharing entity means an entity—\n(a) mentioned in section 859 (1); or\n(b) prescribed by regulation.\n","sortOrder":517},{"sectionNumber":"501S","sectionType":"section","heading":"Panel must take into account harm statement","content":"501S Panel must take into account harm statement\n(1) The therapeutic support panel must take into account a harm\nstatement about the behaviour of a child or young person the subject\nof a referral if the statement is available to the panel.\nharm statement—see the Victims of Crimes Act 1994,\nsection 15CA (1).\n\nPart 14A.4 Reporting by therapeutic support panel\nPart 14A.4 Reporting by therapeutic support\npanel\n501T Report to Minister\n(1) The therapeutic support panel may at any time, but must at least once\neach calendar year, prepare a report for the Minister on any matter\narising in connection with the exercise of the panel’s functions.\n(2) The panel must give the report to the Minister and may also give the\nreport to any other Minister who is responsible for a matter dealt with\nin the report.\n(3) The panel must not include in the report any information that would—\n(a) disclose the identity of a child or young person; or\n(b) allow the identity of a child or young person to be worked out.\n(4) The Minister must present the report to the Legislative Assembly\nwithin 6 sitting days after the report is given to the Minister.\n(5) Each Minister who receives a report under subsection (2) must, within\n3 months after receiving it, give information to the therapeutic\nsupport panel about any action the Minister has taken, or will take, in\nrelation to the matters raised in the report.\n\nGeneral Part 15.1\n","sortOrder":518},{"sectionNumber":"Part 15","sectionType":"part","heading":"Care and protection—","content":"Chapter 15 Care and protection—\ndirector-general has aspect of\nparental responsibility\nNote to ch 15\nParental responsibility for a child or young person may be transferred to, or shared\nwith, the director-general under any of the following (see s 17 and s 18):\n• an appraisal order including a temporary parental responsibility provision (see\ns 373)\n• a voluntary care agreement (see pt 12.3)\n• emergency action (see pt 13.1)\n• a care and protection order including a parental responsibility provision\n(see pt 14.6)\n• a safe custody warrant (see s 683)\n• a court order (under this Act or another law in force in the Territory)\n• a provision of another law in force in the Territory.\n","sortOrder":519},{"sectionNumber":"502","sectionType":"section","heading":"Definitions—Act","content":"502 Definitions—Act\napproved kinship and foster care organisation means an approved\ncare and protection organisation approved as a suitable entity for the\npurpose of providing kinship and foster care services.\nNote Approved care and protection organisation—see s 352C.\napproved residential care organisation means an approved care and\nprotection organisation approved as a suitable entity for the purpose\nof providing residential care services.\nfoster carer—see section 518 (2).\n\ngeneral parental authority, for a residential care service—see\nsection 520 (2).\nin intensive therapy—see section 576.\nkinship carer—see section 516 (2).\nout-of-home carer, for a child or young person—see section 508.\nresidential care service—see section 520 (2).\nspecific parental authority—\n(a) for a kinship carer—see section 516 (2); or\n(b) for a foster carer—see section 518 (2).\n","sortOrder":520},{"sectionNumber":"503","sectionType":"section","heading":"Director-general may provide assistance","content":"503 Director-general may provide assistance\n(1) If the director-general has parental responsibility for a child or young\nperson, the director-general may provide any of the following for the\nchild or young person:\n(a) placement with an out-of-home carer;\n(b) financial support;\n(c) counselling;\n(d) appropriate education, training and employment opportunities;\n(e) health care treatment;\n(f) recreational opportunities;\n(g) a care plan;\n(h) an explanation, in a way the child or young person can\nunderstand, of the aim of care plans.\n\nGeneral Part 15.1\n(2) If the director-general stops having parental responsibility for a child\nor young person (for any reason), the director-general may arrange\nfor financial or other assistance to be provided to, or for, the child or\nyoung person on the conditions the director-general considers\nNote If a young person was previously in out-of-home care, the\ndirector-general may provide further assistance (see pt 15.5).\n\nPart 15.2 Director-general has long-term care responsibility\nPart 15.2 Director-general has long-term\ncare responsibility\n504 Director-general sharing long-term care responsibility\n(a) shares with another person long-term care responsibility for a\n(b) under a parental responsibility provision is required to consult\nwith each other person who shares long-term care responsibility\nfor the child or young person in making a decision about a long-\nterm matter for the child or young person.\n(2) If another person who has long-term care responsibility for the child\nor young person disagrees with the director-general’s proposed\ndecision about a long-term matter for the child or young person—\n(a) the person or the director-general may apply to the Childrens\nCourt for an order about the matter; and\n(b) the director-general must not make the decision without the\nperson’s agreement.\nNote Usually, if parental responsibility is shared between 2 or more people,\neither of them may discharge the responsibility (see s 18).\n","sortOrder":521},{"sectionNumber":"505","sectionType":"section","heading":"Director-general must consult about long-term care","content":"505 Director-general must consult about long-term care\nIf the director-general has long-term care responsibility for a child or\nyoung person, the director-general must, as far as practicable, have\nregard to the views and wishes of any person who previously had\nlong-term care responsibility for the child or young person.\n\nDirector-general has daily care responsibility Part 15.3\nPart 15.3 Director-general has daily care\n","sortOrder":522},{"sectionNumber":"506","sectionType":"section","heading":"Pt 15.3 applies to care and protection chapters","content":"506 Pt 15.3 applies to care and protection chapters\n(1) This part applies if the director-general has daily care responsibility\nfor a child or young person under the care and protection chapters.\nNote Parental responsibility for a child or young person may be transferred to,\nor shared with, the director-general under the following provisions\n(see s 17 and s 18):\n• an appraisal order including a temporary parental responsibility\nprovision (see s 373)\n• a voluntary care agreement (see pt 12.3)\n• emergency action (see pt 13.1)\n• a care and protection order including a parental responsibility\nprovision (see pt 14.6)\n• a safe custody warrant (see s 683)\n• a court order (under this Act or another law in force in the\nTerritory)\n• a provision of another law in force in the Territory.\n(2) However, this part does not apply if daily care responsibility for a\nchild or young person is transferred to the director-general—\n(a) under an intensive therapy order or an interim intensive therapy\n(b) because the child or young person has been confined at an\nintensive therapy place under section 531 (c) (Confinement only\nunder intensive therapy order.\nNote Intensive therapy orders are dealt with in pt 16.2. Interim intensive\ntherapy orders are dealt with in div 16.2.3.\n\nPart 15.3 Director-general has daily care responsibility\n","sortOrder":523},{"sectionNumber":"507","sectionType":"section","heading":"Public advocate etc to be told about action following","content":"507 Public advocate etc to be told about action following\nappraisals\n(a) the director-general receives a voluntary report or a mandatory\nreport about a child or young person; and\n(b) because of the report, the director-general believes the child or\nyoung person is at risk of significant harm; and\n(c) at the time of the incident that gave rise to the report, the\ndirector-general had daily care responsibility for the child or\nyoung person and had placed the child or young person with an\nout-of-home carer under part 15.4; and\nNote The director-general may have daily care responsibility for a child\nor young person under any of the following provisions:\n(a) an appraisal order including a temporary parental\nresponsibility provision (see s 373);\n(b) a voluntary care agreement (see pt 12.3);\n(c) emergency action (see pt 13.1);\n(d) a care and protection order including a parental\nresponsibility provision (see pt 14.6).\n(d) the incident that gave rise to the report either—\n(i) involved the out-of-home carer; or\n(ii) happened while the child or young person was taking part\nin a contact visit with someone and the contact was—\n(A) allowed under a contact provision in a care and\nprotection order; or\nNote Contact provisions are dealt with in pt 14.8.\n(B) approved by the director-general.\n\nDirector-general has daily care responsibility Part 15.3\n(2) The director-general must give the public advocate a report about—\n(a) the incident; and\n(b) what action (if any) the director-general has taken because of the\nappraisal.\n(3) If the child or young person is an Aboriginal or Torres Strait Islander\nperson, the director-general must also give the Aboriginal and Torres\nStrait Islander children and young people commissioner the report\n\n","sortOrder":524},{"sectionNumber":"508","sectionType":"section","heading":"Who is an out-of-home carer?","content":"508 Who is an out-of-home carer?\nout-of-home carer, for a child or young person, means—\n(a) a kinship carer for the child or young person; or\n(b) a foster carer for the child or young person; or\n(c) a residential care service for the child or young person.\nNote Kinship carer—see s 516 (2).\nFoster carer—see s 518 (2).\nResidential care service—see s 520 (2).\n","sortOrder":525},{"sectionNumber":"512","sectionType":"section","heading":"Director-general must place child or young person with","content":"512 Director-general must place child or young person with\nout-of-home carer\n(1) If the director-general has daily care responsibility for a child or\nyoung person, the director-general must place the child or young\nperson with an out-of-home carer.\n(2) However, the director-general may place—\n(a) a child or young person in a health facility if—\n(i) a doctor states in writing that, in the doctor’s opinion, it is\nnecessary for the wellbeing of the child or young person\nfor daily care to be provided to the child or young person\nin the health facility; and\n\nPlacement with out-of-home carer Division 15.4.1\n(ii) the director-general is satisfied that—\n(A) appropriate support is available to meet the needs of\nthe child or young person while the child or young\nperson is in the health facility; and\n(B) those aspects of the care plan for the child or young\nperson that can be followed while the child or young\nperson is in the health facility will be followed; or\n(b) a young person who is 16 years old or older in an independent\nliving arrangement if the director-general is satisfied that—\n(i) the arrangement is appropriate for the young person; and\n(ii) the proposed accommodation and the support available to\nthe young person best meets the young person’s needs; and\n(iii) the arrangement is consistent with the young person’s care\nplan; or\n(c) a child or young person with the parent or guardian of the child\nor young person if the director-general is satisfied it is\n(3) Subsections (1) and (2) are subject to any court order (under this Act\nor another law in force in the Territory) to the contrary.\n(4) If the director-general is placing an Aboriginal or Torres Strait\nIslander child or young person with an out-of-home carer, the\nplacement must be in accordance with section 513.\nNote An authorised person may, at any reasonable time, enter premises where\nchild or young person with an out-of-home carer under this section and\nthe purpose of the entry is to ensure that the child or young person is\nbeing properly cared for (see s 815).\n\n","sortOrder":526},{"sectionNumber":"513","sectionType":"section","heading":"Priorities for placement with out-of-home carer—","content":"513 Priorities for placement with out-of-home carer—\nAboriginal or Torres Strait Islander child or young person\n(1) If the director-general is placing an Aboriginal or Torres Strait\nIslander child or young person with an out-of-home carer under\nsection 512, the director-general must place the child or young person\nwith the first of the options mentioned in subsection (2) that—\n(a) is available; and\n(b) to which the child or young person does not object; and\n(c) is consistent with any Aboriginal or Torres Strait Islander\ncultural plan in force for the child or young person.\n(2) The director-general may place an Aboriginal or Torres Strait\nIslander child or young person with any of the following out-of-home\ncarers:\n(a) a kinship carer;\n(b) a foster carer who is a member of the child’s or young person’s\nAboriginal or Torres Strait Islander community in a relationship\nof responsibility for the child or young person according to local\ncustom and practice;\n(c) a foster carer who is a member of the child’s or young person’s\ncommunity;\n(d) an Aboriginal or Torres Strait Islander foster carer;\n(e) a non-Aboriginal or Torres Strait Islander foster carer who—\nsensitive to the child’s or young person’s needs; and\n(ii) the director-general believes on reasonable grounds is\ncapable of promoting the child’s or young person’s\nongoing contact with the child’s or young person’s\nAboriginal or Torres Strait Islander family, community and\nculture; and\n\nPlacement with out-of-home carer Division 15.4.1\n(iii) if family reunion or continuing contact with the child’s or\nyoung person’s Aboriginal or Torres Strait Islander family,\ncommunity or culture is a consideration in the placement—\nlives near the child’s or young person’s Aboriginal or\nTorres Strait Islander family or community.\nAboriginal or Torres Strait Islander cultural plan, for an Aboriginal\nor Torres Strait Islander child or young person, means a care plan\ndeveloped for the child or young person by the director-general under\nsection 455 (What is a care plan?) that includes proposals for the\npreservation and enhancement of the identity of the child or young\nperson as an Aboriginal or Torres Strait Islander person.\n","sortOrder":527},{"sectionNumber":"514","sectionType":"section","heading":"Residential care service may accommodate child or","content":"514 Residential care service may accommodate child or\nyoung person at place of care\nA residential care service may, but need not, accommodate a child or\nyoung person at a place of care.\nNote 1 The Minister may approve a place as a place of care for this Act under\ns 525.\nNote 2 An authorised person may, at any reasonable time, enter premises where\nNote 3 An official visitor also inspects places of care and handles complaints\n\n","sortOrder":528},{"sectionNumber":"514A","sectionType":"section","heading":"Approved carers—individual may apply","content":"514A Approved carers—individual may apply\nAn individual may apply to the director-general for approval as an\napproved carer.\n","sortOrder":529},{"sectionNumber":"514B","sectionType":"section","heading":"Approved carers—director-general may approve","content":"514B Approved carers—director-general may approve\n(1) The director-general may, in writing, approve a person as a carer\n(an approved carer) if satisfied that the person is an appropriate\nperson to care for children or young people.\n(2) However, if the director-general orally authorises a person under\nsection 516 (Kinship carer—specific parental authority) or\nsection 518 (Foster carer—specific parental authority) in relation to a\nchild or young person, the director-general—\n(a) may, at the same time, orally approve the person as an approved\ncarer; and\n(b) if the director-general approves the person under\nparagraph (a)—must, as soon as practicable, approve the person\nin writing.\n(3) The director-general may approve a person as an approved carer only\nif—\n(a) the person is registered under the Working with Vulnerable\nPeople Act to engage in a regulated activity; or\n(b) the person—\n(i) has applied for registration under the Working with\nVulnerable People Act; and\n(ii) may engage in a regulated activity under that Act,\nsection 16 (2) (When unregistered person may be engaged\nin regulated activity—kinship carer or foster carer); or\n\n(c) the person is not registered under the Working with Vulnerable\nPeople Act to engage in a regulated activity and—\n(i) the person is to be authorised as a kinship carer under\nsection 516 or a foster carer under section 518 for a child\nor young person; and\n(ii) the director-general is satisfied that—\n(A) the person is a significant person for the child or\n(B) the person has a familiar relationship with the child or\n(C) given the familiar relationship, the person does not\npose an unacceptable risk to the child or young\n(D) taking into account all the circumstances, it would be\nin the best interests of the child or young person to\nhave the person authorised as their kinship carer or\nfoster carer.\n(4) In deciding whether a person has a familiar relationship with a child\nor young person, the director-general must consider the length of the\nrelationship and the extent and degree to which the person engages\nwith the child or young person.\n(5) The Minister must make guidelines about matters the director-general\nmust consider under subsection (3) (c) (ii).\n(6) A guideline is a disallowable instrument.\n(7) In this section:\nregulated activity means a regulated activity mentioned in the\nWorking with Vulnerable People Act, schedule 1, section 1.1 (Child\nprotection services).\nNote A decision under this section is a reviewable decision (see s 839).\n\n","sortOrder":530},{"sectionNumber":"514C","sectionType":"section","heading":"Approved carers—criteria for approval","content":"514C Approved carers—criteria for approval\nIn deciding whether a person is an appropriate person to care for\nchildren or young people, the director-general must consider each of\n(a) the matters listed in section 65 (1), definition of suitability\ninformation, except paragraph (d), about—\n(i) the person; and\n(ii) each other adult member of the person’s household;\nNote There is an ongoing duty to update this information if it changes\n(see s 514F).\n(b) if the director-general requires the person to provide a reference\nor report under section 514D (2) (b)—the reference or report;\n(c) if the director-general requires the person to undergo a test or\nmedical examination under section 514D (2) (c)—the result of\nthe test or medical examination.\n","sortOrder":531},{"sectionNumber":"514D","sectionType":"section","heading":"Approved carers—further information, references etc","content":"514D Approved carers—further information, references etc\n(1) This section applies if the director-general is deciding whether a\nperson is an appropriate person to care for children or young people.\n(2) The director-general may, by written notice given to the person,\nrequire the person to—\n(a) provide stated information about the person not later than a\nstated reasonable time; or\n(b) provide a stated reference or report not later than a stated\nreasonable time; or\n(c) undergo a stated test or medical examination not later than a\nstated reasonable time.\na psychiatric examination\n\n(3) A notice must also tell the person that giving false or misleading\ninformation is an offence against the Criminal Code, part 3.4 (False\nor misleading statements, information and documents).\n(4) If the director-general has given a person a notice under this section\nand the person does not comply with the notice, the director-general\nneed not decide whether the person is an appropriate person to care\nfor children or young people.\n","sortOrder":532},{"sectionNumber":"514E","sectionType":"section","heading":"Approved carers—expiry and renewal of approvals","content":"514E Approved carers—expiry and renewal of approvals\n(1) The director-general must not issue an approved carer approval for\nlonger than 5 years.\n(2) A person may apply to the director-general to renew the approval for\na period not longer than 5 years.\n(3) The application must be—\n(a) in writing; and\n(b) received by the director-general at least 30 days before the\napproval expires.\n(4) However, the director-general may extend the time for making an\nNote A person may apply for the time to be extended, and the time may be\nextended, even though the time has ended (see Legislation Act, s 151C).\n(5) If a person applies to renew an approval under this section, the\napproval remains in force until the application is decided.\n(6) If a person’s approval expires, any of the following authorisations\nheld by the person also end:\n(a) authorisation as a kinship carer under section 516 (Kinship\ncarer—specific parental authority);\n(b) authorisation as a foster carer under section 518 (Foster carer—\nspecific parental authority).\n\n514EA Approved carers—revocation of approval\n(1) The director-general may revoke a person’s approval as an approved\ncarer if satisfied that the person—\n(a) is no longer an appropriate person to care for children or young\npeople; or\n(b) has not adequately cared for or protected a child or young\n(c) has failed to comply with a direction of the director-general in\nexercising daily care or long-term care responsibility for any\n(2) The director-general may also revoke a person’s approval if the\nperson asks the director-general to revoke the approval.\n(3) Before revoking a person’s approval under subsection (1), the\n(a) give the person written notice of the director-general’s intention\nto revoke the approval, including the director-general’s reasons;\nand\n(b) tell the person that the person may make a submission, in\nwriting, to the director-general about the notice not later than\n14 days after the day the notice is given to the person; and\n(c) if the person makes a submission—consider the submission.\n(4) After considering any submission, the director-general may consider\n(a) revoke the approval; or\nNote A decision under this paragraph is a reviewable decision\n(see s 839).\n(b) revoke the notice of intention to revoke.\n\n(5) This section is in addition to the Legislation Act, section 180 (Power\nNote Under the Legislation Act, s 180, power given by a law to make a\n","sortOrder":533},{"sectionNumber":"514F","sectionType":"section","heading":"Offence—ongoing duty to update information","content":"514F Offence—ongoing duty to update information\n(1) This section applies to a person if—\n(i) the director-general is deciding whether the person is an\nappropriate person to care for children or young people; or\n(ii) the person is an approved carer; and\n(b) the person has given the director-general information about a\nmatter mentioned in section 514C (a) about the person.\n(2) The person commits an offence if—\n(a) the person’s information under section 65 (1), definition of\nsuitability information, paragraph (a), (b) or (c) changes; and\n(b) the person does not tell the director-general about the change as\nsoon as practicable, but not later than 7 days after the change\n\n(3) The person commits an offence if—\n(a) either of the following occurs:\n(i) a court convicts the person, or finds the person guilty, of\nan offence involving fraud or dishonesty;\na conviction, or finding of guilt, against the person under the Criminal\nCode, ch 3 (Theft, fraud, bribery and related offences)\n(ii) a tribunal, or an authority or person with the power to\nrequire the production of documents or the answering of\nquestions, makes a finding against the person about the\nperson’s honesty or integrity; and\n(b) the person does not tell the director-general about the finding as\nsoon as practicable, but not later than 7 days after the finding is\nmade.\n","sortOrder":534},{"sectionNumber":"Div 15","sectionType":"division","heading":"4.2 Authorisation of out-of-home carers","content":"Division 15.4.2 Authorisation of out-of-home carers\nand approval of places of care\n","sortOrder":535},{"sectionNumber":"516","sectionType":"section","heading":"Kinship carer—specific parental authority","content":"516 Kinship carer—specific parental authority\n(2) The director-general may authorise (a specific parental authority),\norally or in writing, a family member, or significant person, of the\nchild or young person to exercise the daily care or long-term care\nresponsibility for the director-general (a kinship carer).\n\n(3) However, the director-general may authorise a family member, or\nsignificant person, only if satisfied that the family member or\nsignificant person—\n(a) is an approved carer; and\n(b) agrees to exercise the responsibility for the director-general.\nNote 1 Approved carer—see s 514B.\nNote 2 If a person’s approval as an approved carer expires, the authorisation as\na kinship carer under this section also ends (see s 514E (6)).\n(4) The family member or significant person must exercise the\nresponsibility subject to any directions of the director-general.\n(5) An authorisation under this section has effect only during a placement\nof the child or young person with the family member or significant\nperson under section 512 (Director-general must place child or young\nperson with out-of-home carer).\n","sortOrder":536},{"sectionNumber":"518","sectionType":"section","heading":"Foster carer—specific parental authority","content":"518 Foster carer—specific parental authority\n(2) The director-general may authorise (a specific parental authority),\norally or in writing, a person to exercise the daily care or long-term\ncare responsibility for the director-general (a foster carer).\n(3) However, the director-general may authorise a person only if satisfied\nthat the person—\n(a) is an approved carer; and\n\n(b) agrees to exercise the responsibility for the director-general.\nNote 1 Approved carer—see s 514B.\nNote 2 If a person’s approval as an approved carer expires, the authorisation as\na foster carer under this section also ends (see s 514E (6)).\n(4) The person must exercise the responsibility subject to any directions\nof the director-general.\n(5) An authorisation under this section has effect only during a placement\nof the child or young person with the foster carer under section 512\n(Director-general must place child or young person with out-of-home\ncarer).\n","sortOrder":537},{"sectionNumber":"520","sectionType":"section","heading":"Residential care service—general parental authority","content":"520 Residential care service—general parental authority\n(2) The director-general may authorise (a general parental authority),\nin writing, an approved residential care organisation to exercise the\ndaily care or long-term care responsibility for the director-general\n(a residential care service).\n(3) However, the director-general may authorise an organisation only if\nthe organisation agrees to exercise the responsibility for the\ndirector-general for any child or young person.\n(4) The organisation must exercise the responsibility subject to any\ndirections of the director-general.\nNote An authorisation under this section is suspended if the organisation’s\napproval is suspended under s 352P.\n\n","sortOrder":538},{"sectionNumber":"521","sectionType":"section","heading":"Out-of-home carer must be given copy of authorisation","content":"521 Out-of-home carer must be given copy of authorisation\nand any relevant court orders\n(1) If the director-general orally authorises a person or entity as an\nout-of-home carer, the director-general must also, as soon as\npracticable, authorise the person or entity in writing.\n(2) If the director-general authorises, in writing, a person or entity as an\nout-of-home carer, the director-general must give the person or entity\na copy of—\n(a) the authorisation; and\n(b) any relevant court order about the child or young person.\n","sortOrder":539},{"sectionNumber":"524","sectionType":"section","heading":"Revocation of residential care service’s authorisation","content":"524 Revocation of residential care service’s authorisation\n(1) The director-general may revoke an approved residential care\norganisation’s authorisation under section 520 as a residential care\nservice if satisfied that the organisation—\n(a) is not an approved residential care organisation; or\n(b) has not acted as a residential care service in the previous\n12 months; or\n(c) is no longer available to act as a residential care service.\nExample—par (c)\nan entity closes its places of care in the ACT\nNote The authorisation is suspended if the organisation’s approval is\nsuspended under s 352P.\n(2) The director-general may also revoke an approved residential care\norganisation’s authorisation if the organisation asks the\ndirector-general to revoke the authorisation.\n\n(3) Before revoking an organisation’s authorisation under subsection (1),\nthe director-general must—\n(a) give the organisation written notice of the director-general’s\nintention to revoke the authorisation, including the\ndirector-general’s reasons; and\n(b) tell the organisation that the organisation may make a\nsubmission, in writing, to the director-general about the notice\nnot later than 14 days after the day the notice is given to the\norganisation; and\n(c) if the organisation makes a submission—consider the\n(4) After considering any submission, the director-general may consider\n(a) revoke the authorisation; or\nNote A decision under this paragraph is a reviewable decision\n(see s 839).\n(b) revoke the notice of intention to revoke.\n(5) This section is in addition to the Legislation Act, section 180 (Power\nNote 2 An authorised person may, at any reasonable time, enter premises where\nNote 3 An official visitor also inspects places of care and handles complaints\n\n","sortOrder":540},{"sectionNumber":"525","sectionType":"section","heading":"Approval of places of care","content":"525 Approval of places of care\n(1) The Minister may approve, in writing, a place operated by an\napproved residential care organisation as a place of care if satisfied\nthat the place complies with, and is likely to continue to comply with,\nthe care and protection organisation standards.\nNote Care and protection organisation standards—see s 887.\n(2) The Minister may ask the residential care service to allow the\ndirector-general to inspect the place where the residential care service\nproposes to operate the place of care.\nNote An authorised person may, at any reasonable time, enter a place operated\nby a residential care service if the Minister is deciding whether to approve\nthe place as a place of care under this section and has asked the residential\ncare service to allow the director-general to inspect the place and the\nresidential care service has agreed to allow the director-general to inspect\nthe place (see s 817).\n(3) If the Minister asks the residential care service to allow the\ndirector-general to inspect the place but the residential care service\ndoes not allow the director-general to inspect the place, the Minister\nneed not decide whether to approve the place as a place of care.\n(4) An approval remains in force until revoked by the Minister.\n(5) If the Minister approves a place operated by a residential care service\nas a place of care, the residential care service may care for and\naccommodate children and young people at the place.\nNote 1 An authorised person may, at any reasonable time, enter premises where\nNote 2 An official visitor also inspects places of care and handles complaints\n\nDivision 15.4.3 Information and items to be kept by foster carers and residential care\nDivision 15.4.3 Information and items to be kept by\nfoster carers and residential care\n526 Definitions—div 15.4.3\ncare entities, for a child or young person for a placement, means the\nfollowing entities:\n(a) for a child or young person placed with a foster carer—\n(i) the foster carer; and\n(ii) the foster carer’s approved kinship and foster care\norganisation;\n(b) for a child or young person placed with a residential care\nservice—the residential care service.\nplacement, for a child or young person, means placement of the child\nor young person by the director-general with a foster carer or a\nresidential care service under section 512 (Director-general must\nplace child or young person with out-of-home carer).\n\nDivision 15.4.3\n","sortOrder":541},{"sectionNumber":"527","sectionType":"section","heading":"Information and items must be kept during placement","content":"527 Information and items must be kept during placement\n(1) This section applies if the director-general places a child or young\nperson with a foster carer or a residential care service under\nsection 512 (Director-general must place child or young person with\nout-of-home carer).\n(2) Each care entity for the child or young person for the placement must\nkeep the following things during the placement:\n(a) protected information about the child or young person that the\ncare entity possesses because of the placement;\nrecords made by the care entity about the child or young person because of\nthe placement\nNote Protected information—see s 844.\n(b) personal items of the child or young person that the care entity\npossesses because of the placement.\nNote Personal items, for a child, young person or young adult—see the\n","sortOrder":542},{"sectionNumber":"528","sectionType":"section","heading":"Information and items must be kept after placement ends","content":"528 Information and items must be kept after placement ends\n(1) This section applies if a care entity for a child or young person for a\nplacement keeps protected information or personal items under\nsection 527.\n(2) The care entity must keep the protected information or personal items\nuntil the care entity gives the protected information or personal items\nto the director-general under subsection (3).\n(3) The care entity must give the protected information or personal items\nto the director-general if—\n(a) the director-general asks the care entity to give the protected\ninformation or personal items to the director-general; or\n(b) the care entity stops being a care entity for this Act; or\n\nDivision 15.4.3 Information and items to be kept by foster carers and residential care\n(c) 2 years have elapsed since the placement ended; or\n(d) the person to whom the protected information or personal items\nrelate becomes an adult.\n(4) If protected information is given to the director-general under\nsubsection (3), the protected information is a record of an agency\nunder the Territory Records Act 2002, section 9 (Meaning of record\nof an agency etc).\n(5) This section is subject to division 15.5.4 (Entitlement to personal\nitems and access to personal information).\nNote Div 15.5.4 applies to young people who have left out-of-home care.\n","sortOrder":543},{"sectionNumber":"529","sectionType":"section","heading":"Child or young person may have access to information","content":"529 Child or young person may have access to information\nand items\n(a) a care entity for a child or young person for a placement keeps\nprotected information or personal items under section 527; and\n(b) the care entity has not given the protected information or\npersonal items to the director-general under section 528.\n(2) The director-general may, if satisfied on reasonable grounds that it is\nin the child’s or young person’s best interests, direct the care entity to\ngive the child or young person—\n(a) the protected information or personal items; or\n(b) access to the protected information or personal items.\n(3) A direction may be conditional.\n(4) If the director-general gives a care entity a direction, the care entity\nmust comply with the direction.\n\nDivision 15.4.3\n(5) If the direction is subject to a condition about the access to be given,\nthe care entity must comply with the condition.\n(6) This section is subject to division 15.5.4 (Entitlement to personal\nitems and access to personal information).\nNote Div 15.5.4 applies to young people who have left out-of-home care.\n\n","sortOrder":544},{"sectionNumber":"529A","sectionType":"section","heading":"Object—pt 15.5","content":"529A Object—pt 15.5\nThe object of this part is to promote, strengthen and foster the\nwellbeing of people—\n(a) preparing to begin the transition from out-of-home care; and\n(b) who were previously in out-of-home care.\n","sortOrder":545},{"sectionNumber":"529B","sectionType":"section","heading":"Who is a young adult?—pt 15.5","content":"529B Who is a young adult?—pt 15.5\nyoung adult means an adult who is younger than 25 years old.\nNote Adult means an individual who is at least 18 years old (see Legislation\nAct, dict, pt 1).\n529BA Who is a previous out-of-home carer for a person?—\npt 15.5\nprevious out-of-home carer, for a person, means an out-of-home\ncarer with whom the director-general had placed the person when\nthey were a child or young person.\n","sortOrder":546},{"sectionNumber":"529C","sectionType":"section","heading":"What is a transition plan?","content":"529C What is a transition plan?\ntransition plan, for a young person or young adult, means a written\nplan for meeting the young person’s or young adult’s needs—\n(a) in preparing to begin the transition from out-of-home care; and\n\nTransition plans Division 15.5.2\n(b) after leaving out-of-home care; and\n(c) into young adulthood.\n(2) A transition plan may include proposals about the following for the\nyoung person or young adult:\n(a) accommodation;\n(b) education and training;\n(c) employment;\n(d) financial security;\n(e) social support;\n(f) life skills support;\n(g) health care.\nExamples—par (g)\n1 physical health\n2 mental health\n3 emotional health\n4 sexual health\n","sortOrder":547},{"sectionNumber":"529D","sectionType":"section","heading":"Transition plans—when prepared","content":"529D Transition plans—when prepared\n(1) The director-general must prepare a transition plan for a young person\nwho is—\n(a) in out-of-home care; and\n(b) at least 15 years old.\n(2) The director-general must take reasonable steps to ensure that the\ntransition plan is implemented.\n\n","sortOrder":548},{"sectionNumber":"529E","sectionType":"section","heading":"Transition plans—consultation","content":"529E Transition plans—consultation\n(1) This section applies if the director-general is preparing a transition\nplan for a young person.\n(2) The director-general must develop the plan in consultation with the\n(3) The director-general may also consult 1 or more of the following\npeople about the proposals the director-general intends to include in\nthe transition plan:\n(a) for a young person in out-of-home care—the out-of-home carer;\n(b) anyone else who would be involved in implementing a proposal\nin the plan;\nExample—people who would be involved\na community-based service that is providing services to the young person\n(c) anyone else the director-general considers would be able to\n(4) The director-general must give the following people an opportunity\nto make submissions to the director-general about the proposals:\n(a) the young person;\n(b) each person consulted about the proposals under subsection (3).\n(5) If a person makes a submission to the director-general about a\nproposal, the director-general must consider the submission.\n","sortOrder":549},{"sectionNumber":"529F","sectionType":"section","heading":"Transition plans—review—young person for whom","content":"529F Transition plans—review—young person for whom\ndirector-general has parental responsibility\n(a) a transition plan is in force for a young person; and\n(b) the director-general has an aspect of parental responsibility for\nthe young person.\n\nTransition plans Division 15.5.2\n(2) The director-general must review the plan—\n(a) at least once each year; and\n(b) in consultation with the young person.\n(3) The director-general may also consult 1 or more of the following\npeople about the review:\n(a) for a young person in out-of-home care—the out-of-home carer;\n(b) anyone else who would be involved in implementing a proposal\nin the plan;\n(c) anyone else the director-general considers would be able to\n","sortOrder":550},{"sectionNumber":"529G","sectionType":"section","heading":"Transition plans—review—young person for whom","content":"529G Transition plans—review—young person for whom\ndirector-general does not have parental responsibility\n(a) a transition plan is in force for a young person; but\n(b) the director-general does not have any aspect of parental\nresponsibility for the young person.\n(2) The director-general must take reasonable steps to ask the young\nperson, at least once each year, whether the young person agrees to\nthe director-general reviewing the plan.\n(3) If the young person agrees to the director-general reviewing the plan,\nthe director-general must review the plan in consultation with—\n(a) the young person; and\n(b) if the young person agrees—\n(i) anyone who would be involved in implementing a proposal\nin the plan; and\n(ii) anyone else the director-general considers would be able to\n\n","sortOrder":551},{"sectionNumber":"529H","sectionType":"section","heading":"Transition plans—review—young adult","content":"529H Transition plans—review—young adult\n(1) This section applies if a transition plan is in force for a young adult.\n(2) The director-general must take reasonable steps to ask the young\nadult, at least once each year, whether the young adult agrees to the\ndirector-general reviewing the plan.\n(3) If the young adult agrees to the director-general reviewing the plan,\nthe director-general must review the plan in consultation with—\n(a) the young adult; and\n(b) if the young adult agrees—\n(i) anyone who would be involved in implementing a proposal\nin the plan; and\n(ii) anyone else the director-general considers would be able to\nDivision 15.5.3 Assistance after leaving out-of-home\ncare\n","sortOrder":552},{"sectionNumber":"529I","sectionType":"section","heading":"Assistance generally","content":"529I Assistance generally\n(1) This section applies to a child, young person or young adult who was\nin out-of-home care.\n(2) The director-general—\n(a) must provide the services that the director-general considers\nappropriate to a child, young person or young adult who is\nyounger than 21 years old; and\n(b) may provide the services that the director-general considers\nappropriate to a young adult who is 21 years old or older.\n(3) However, a young adult may ask the director-general to—\n(a) stop providing services to them; and\n\nAssistance after leaving out-of-home care Division 15.5.3\n(b) if services have been stopped, ask for the services to be provided\nagain.\n(4) Without limiting subsection (2), the director-general may provide the\nyoung person, or young adult, with services to assist the young\nperson, or young adult, with obtaining—\n(a) information about relevant resources and services; and\n(b) accommodation; and\n(c) education and training; and\n(d) employment; and\n(e) financial security; and\n(f) legal advice; and\n(g) social support; and\n(h) life skills support; and\n(i) personal, family and relationship counselling; and\n(j) access to information and records held during the person’s\nout-of-home care; and\n(k) health care.\nExamples—par (k)\n1 physical health\n2 mental health\n3 emotional health\n4 sexual health\n(5) This section does not require the director-general to pay for any\nNote Financial assistance may be available under s 529J.\n\n","sortOrder":553},{"sectionNumber":"529J","sectionType":"section","heading":"Financial assistance—child, young person or young adult","content":"529J Financial assistance—child, young person or young adult\n(1) The director-general may provide financial assistance to a child,\nyoung person or young adult who was in out-of-home care.\n(2) The director-general may provide financial assistance on the\nconditions that the director-general considers appropriate.\n(3) However, if the director-general provides financial assistance in the\nform of a loan to a young person or young adult, no interest is to be\npayable on the loan.\n529JA Financial assistance—previous out-of-home carer\n(a) a young adult is younger than 21 years old; and\n(b) the young adult is in fact living with a previous out-of-home\ncarer for the young adult.\n(2) The director-general may provide financial assistance to the previous\nout-of-home carer.\n(3) The director-general may provide financial assistance on the\nconditions that the director-general considers appropriate.\n(4) The director-general may provide financial assistance—\n(a) to the previous out-of-home carer directly; or\n(b) if the previous out-of-home carer was a foster carer—to the\nfoster carer’s approved kinship and foster care organisation, for\nthe organisation to provide to the carer.\n\nEntitlement to personal items and access to protected information Division 15.5.4\nDivision 15.5.4 Entitlement to personal items and\naccess to protected information\n","sortOrder":554},{"sectionNumber":"529K","sectionType":"section","heading":"Entitlement to personal items","content":"529K Entitlement to personal items\nA child, young person or young adult who has left out-of-home care\nis entitled to have and keep, free of charge, all of their personal items\nthat are held by—\n(c) a previous out-of-home carer for the child, young person or\nyoung adult.\n","sortOrder":555},{"sectionNumber":"529L","sectionType":"section","heading":"Access to protected information—young person","content":"529L Access to protected information—young person\n(1) This section applies if a young person who has left out-of-home care\nasks for access to protected information about the young person that\nis held by—\n(c) a previous out-of-home carer for the young person.\nNote 1 Previous out-of-home carer, for a young person—see s 529BA.\nProtected information—see s 844.\nNote 2 Some out-of-home carers are required to keep protected information (see\ndiv 15.4.3).\n(2) The director-general may, if satisfied on reasonable grounds that it is\nin the young person’s best interests—\n(a) give the young person access, free of charge, to the protected\ninformation held by the director-general; and\n\nDivision 15.5.4 Entitlement to personal items and access to protected information\n(b) direct the organisation or carer to give the young person access,\nfree of charge, to the protected information held by the\norganisation or carer.\n(3) A direction under subsection (2) (b) may be conditional.\n(4) If the director-general gives an organisation or carer a direction, the\norganisation or carer must comply with the direction.\n(5) If the direction is subject to a condition about the access, the\norganisation or carer must comply with the condition.\n","sortOrder":556},{"sectionNumber":"529M","sectionType":"section","heading":"Access to protected information—young adult","content":"529M Access to protected information—young adult\nA young adult who has left out-of-home care is entitled to have\naccess, free of charge, to protected information about the young adult\nthat is held by—\n(c) a previous out-of-home carer for the young adult.\nNote 1 Previous out-of-home carer, for a young adult—see s 529BA.\nProtected information—see s 844.\nNote 2 Some out-of-home carers are required to keep protected information (see\ndiv 15.4.3).\n","sortOrder":557},{"sectionNumber":"529N","sectionType":"section","heading":"Access to protected information—support and assistance","content":"529N Access to protected information—support and assistance\n(1) If a young person or young adult seeks access to protected\ninformation under this division, the director-general must provide an\nappropriate person to support and assist the young person, or young\nadult, accessing the information.\n(2) The Minister may make guidelines about appropriate people and the\nsupport and assistance they may provide to a young person, or young\nadult, accessing protected information under this division.\n(3) A guideline is a notifiable instrument.\n\nPreliminary Part 16.1\n","sortOrder":558},{"sectionNumber":"Part 16","sectionType":"part","heading":"Care and protection—intensive","content":"Chapter 16 Care and protection—intensive\ntherapy for children and young\n","sortOrder":559},{"sectionNumber":"530","sectionType":"section","heading":"Definitions—Act and ch 16","content":"530 Definitions—Act and ch 16\nharmful conduct, engaged in by a child or young person—see\nsection 533.\nintensive therapy history, for a child or young person—see\nsection 537.\nintensive therapy order, for a child or young person—see\nsection 532.\nintensive therapy place—see section 535.\ninterim intensive therapy order, for a child or young person—see\nsection 543.\nmental disorder—see the Mental Health Act 2015, section 9.\nNote The Mental Health Act 2015, s 9 defines mental disorder as a disturbance\nor defect, to a substantially disabling degree, of perceptual interpretation,\ncomprehension, reasoning, learning, judgment, memory, motivation or\nemotion, other than a mental illness.\nmental illness—see the Mental Health Act 2015, section 10.\nNote The Mental Health Act 2015, s 10 defines mental illness as a condition\nthat seriously impairs (either temporarily or permanently) the mental\nfunctioning of a person in 1 or more areas of thought, mood, volition,\nperception, orientation or memory, and is characterised by—\n(a) the presence of at least 1 of the following symptoms:\n(i) delusions;\n\n(ii) hallucinations;\n(iii) serious disorders of streams of thought;\n(iv) serious disorders of thought form;\n(v) serious disturbance of mood; or\n(b) sustained or repeated irrational behaviour that may be taken to\nindicate the presence of at least 1 of the symptoms mentioned in\npar (a).\nintensive therapy person means—\n(a) for an intensive therapy place for which the director-general is\nthe operating entity—an authorised person to whom the\ndirector-general has delegated functions of an intensive therapy\nperson under this chapter; and\n(b) for any other intensive therapy place—a person that the\noperating entity has authorised to exercise the functions of an\nintensive therapy person under this chapter for the intensive\ntherapy place.\nintensive therapy register—see section 596 (1).\nrisk assessment, for a child or young person—see section 534 (1).\ntherapy plan, for a child or young person for whom the\ndirector-general has applied for an intensive therapy order—see\nsection 536.\ntherapy transition plan—see section 538.\n","sortOrder":560},{"sectionNumber":"531","sectionType":"section","heading":"Confinement only under intensive therapy order","content":"531 Confinement only under intensive therapy order\nThe director-general may confine a child or young person at an\nintensive therapy place only—\n(a) under an intensive therapy order; or\n(b) under an interim intensive therapy order.\n\nNote Legal representation of young people is dealt with in the Court\nProcedures Act 2004, pt 7A (Procedural provisions—proceedings\ninvolving children or young people).\n","sortOrder":561},{"sectionNumber":"532","sectionType":"section","heading":"What is an intensive therapy order?","content":"532 What is an intensive therapy order?\nintensive therapy order, for a child or young person, means an order\nof the Childrens Court that—\n(a) directs the child or young person to undergo either or both of the\nneeds;\n(ii) treatment in accordance with a therapy plan; and\n(b) may authorise the director-general to issue a direction\n(a confinement direction) that the child or young person be\nconfined from time to time while the order is in force as the\ndirector-general considers reasonably necessary as a last resort\nfor the purpose of the assessment or treatment; and\n(c) if the order authorises the issue of a confinement direction—\ntransfers daily care responsibility for the child or young person\nto the director-general for any period of confinement; and\nNote Pt 15.3 (Director-general has daily care responsibility) does not\napply if daily care responsibility for a child or young person is\ntransferred to the director-general under an intensive therapy order\n(see s 506).\n(d) includes any other conditions the court considers necessary to—\n(i) prevent the child or young person from engaging in\n\n(ii) ensure the child or young person undergoes any necessary\ntreatment in accordance with a therapy plan.\nNote 1 The director-general or a police officer may apply to a magistrate for a\nsafe custody warrant if an intensive therapy order or interim intensive\ntherapy order is in force for a child or young person and the\ndirector-general or police officer believes on reasonable grounds that—\n(a) someone has contravened the order and, because of the\ncontravention, the child or young person is in danger; or\n(b) the child or young person is absent without lawful authority or\nexcuse from the intensive therapy place where the child or young\nperson has been directed to be confined under the intensive therapy\norder (see s 685).\nNote 2 Parental responsibility may be transferred to someone else (see s 17) or\nshared between 2 or more people (see s 18) under a court order made\nunder this Act or another law in force in the Territory.\n","sortOrder":562},{"sectionNumber":"533","sectionType":"section","heading":"What is harmful conduct?","content":"533 What is harmful conduct?\nharmful conduct, engaged in by a child or young person, means\nconduct that leads to a significant risk of significant harm to the child\nor young person or someone else.\n","sortOrder":563},{"sectionNumber":"534","sectionType":"section","heading":"What is a risk assessment?","content":"534 What is a risk assessment?\nrisk assessment, for a child or young person, means an assessment by\nthe director-general about whether—\n(a) there will be a significant risk of significant harm to—\n(i) the child or young person; or\n(ii) someone else; and\n(b) the risk of harm arises from the child’s or young person’s\n(c) the risk of harm will be imminent.\n\n(2) The director-general may make risk assessment guidelines.\n(3) A risk assessment guideline is a notifiable instrument.\n(4) A risk assessment must be carried out in accordance with the risk\nassessment guidelines.\n","sortOrder":564},{"sectionNumber":"535","sectionType":"section","heading":"What is an intensive therapy place?","content":"535 What is an intensive therapy place?\nintensive therapy place means a place declared by the\ndirector-general under section 589 to be an intensive therapy place.\nNote Intensive therapy places are further dealt with in div 16.4.1.\n","sortOrder":565},{"sectionNumber":"536","sectionType":"section","heading":"What is a therapy plan?","content":"536 What is a therapy plan?\ntherapy plan, for a child or young person—\n(a) means a plan to reduce the likelihood of the child or young\nperson engaging in harmful conduct in the future arranged by\nthe director-general in consultation, as far as is practicable,\nwith—\n(i) the child or young person; and\n(ii) the parents of the child or young person; and\n(iii) each other person (if any) who has daily care responsibility\n(iv) the chair of the therapeutic support panel; and\n(v) anyone else who is proposed to be involved in\nimplementing the plan; and\n\n(b) if the director-general has applied for an intensive therapy order\nthat allows the director-general to issue a confinement direction\nin relation to the child or young person—includes written details\nof the following for any proposed period of confinement:\n(i) the place of the proposed confinement;\n(ii) when the period of confinement is to start and end;\n(iii) the therapy, counselling or other service that is proposed\nfor the child or young person;\n(iv) the expected results of the therapy, counselling or other\nservice;\n(v) the education that is proposed for the child or young\n(vi) the supervision that is proposed for the child or young\n(vii) the proposed arrangements for the child’s or young\nperson’s contact with—\n(A) family members; and\n(B) significant people for the child or young person; and\n(C) any other people;\n(viii) for an Aboriginal or Torres Strait Islander child or young\nperson—the proposed arrangements for the preservation\nand enhancement of the identity of the child or young\nperson as an Aboriginal or Torres Strait Islander person.\nNote 1 If the public advocate or an official visitor asks the director-general for a\ntherapy plan for a child or young person, the director-general must\nprovide a copy promptly (see s 595).\nNote 2 If the child or young person is an Aboriginal or Torres Strait Islander\nperson, the director-general must also, if asked by the Aboriginal and\nTorres Strait Islander children and young people commissioner, give a\ncopy promptly to the commissioner (see s 595 (2)).\n\n","sortOrder":566},{"sectionNumber":"537","sectionType":"section","heading":"What is intensive therapy history?","content":"537 What is intensive therapy history?\nintensive therapy history, for a child or young person means written\ndetails of—\n(a) each intensive therapy order made for the child or young person;\nand\n(b) if the child or young person has been confined under an intensive\ntherapy order—the following particulars relating to each period\nof confinement:\n(i) the director-general’s decision to confine the child or\nyoung person, and the reasons for the decision;\n(ii) when the period of confinement started and ended;\n(iii) where the child or young person was confined;\n(iv) the therapy, counselling or other service that was provided\nto the child or young person;\n(v) the review of the progress of the therapy, counselling or\nother service;\n(vi) the education that was provided to the child or young\n(vii) the supervision that was provided to the child or young\n(viii) the arrangements for the child’s or young person’s contact\nwith, and the child’s or young person’s contact with—\n(A) family members; and\n(B) significant people for the child or young person; and\n(C) any other people; and\n(c) any other matter prescribed by regulation.\n\n","sortOrder":567},{"sectionNumber":"538","sectionType":"section","heading":"What is a therapy transition plan?","content":"538 What is a therapy transition plan?\ntherapy transition plan, for a child or young person—\n(a) means a plan developed by the director-general for when the\nchild or young person is no longer subject to an intensive therapy\n(b) may include proposals for ongoing therapy, counselling or other\nservices to assist the child’s or young person’s transition from\nbeing in intensive therapy.\n","sortOrder":568},{"sectionNumber":"Div 16","sectionType":"division","heading":"2.2 Applications for intensive therapy","content":"Division 16.2.2 Applications for intensive therapy\n","sortOrder":569},{"sectionNumber":"539","sectionType":"section","heading":"Intensive therapy order—application by director-general","content":"539 Intensive therapy order—application by director-general\n(1) Only the director-general may apply for an intensive therapy order.\n(2) The director-general may apply to the Childrens Court for an\nintensive therapy order for a child or young person if satisfied that the\ncriteria for making the order are met.\nNote 1 Criteria for making an intensive therapy order are in s 549.\n(3) For subsection (2), the director-general may be satisfied that the\ncriteria are met on the advice of the therapeutic support panel.\n","sortOrder":570},{"sectionNumber":"540","sectionType":"section","heading":"Intensive therapy order—application to state grounds etc","content":"540 Intensive therapy order—application to state grounds etc\nAn application for an intensive therapy order for a child or young\nperson must—\n(a) state the grounds on which the order is sought; and\n(i) a risk assessment for the child or young person; and\n\nApplications for intensive therapy orders Division 16.2.2\n(ii) a copy of previous intensive therapy orders for the child or\nyoung person (if any); and\n(iii) the intensive therapy history (if any) for the child or young\n(c) state any less restrictive ways that the director-general, the\ntherapeutic support panel and any members of the child’s or\nyoung person’s family have—\n(i) tried to prevent the child or young person from engaging in\nharmful conduct and how the less restrictive ways were not\nsuccessful (if any); and\n(ii) considered to prevent the child or young person from\nengaging in harmful conduct and how the less restrictive\nways were not appropriate (if any); and\n(d) include—\n(i) a therapy plan for the child or young person; and\n(ii) information about how the intensive therapy order is part\nof the overall care plan for the child or young person; and\n(iii) information about any consultation with, and advice\nreceived, from the therapeutic support panel in relation to\n(v) information about whether the child or young person is\ncharged with an offence.\nNote Statements, documents and reports must be included in the application\n\n","sortOrder":571},{"sectionNumber":"541","sectionType":"section","heading":"Intensive therapy orders—who must be given application","content":"541 Intensive therapy orders—who must be given application\nThe director-general must give a copy of the application for the\nintensive therapy order for the child or young person to the following\npeople at least 1 working day before the application is to be heard by\nthe Childrens Court:\n(c) any person who has daily care responsibility, or long-term care\nresponsibility, for the child or young person;\n","sortOrder":572},{"sectionNumber":"542","sectionType":"section","heading":"Intensive therapy order—Childrens Court to consider","content":"542 Intensive therapy order—Childrens Court to consider\nfor an intensive therapy order not later than 2 working days after the\nday the application is filed.\n(3) This section does not apply if the director-general or a police officer\nNote For s (3), the Childrens Court must give initial consideration to the\napplication on the day it is filed (see s 413).\n\nInterim intensive therapy orders Division 16.2.3\n","sortOrder":573},{"sectionNumber":"543","sectionType":"section","heading":"What is an interim intensive therapy order?","content":"543 What is an interim intensive therapy order?\ninterim intensive therapy order, for a child or young person, means\nan order of the Childrens Court—\n(a) made in a proceeding for an application for an intensive therapy\norder for the child or young person before the intensive therapy\norder has been finally decided; and\n(b) that may direct the child or young person to be confined as a last\nresort—\n(i) for a total period of not more than 2 weeks (the period of\nconfinement) starting on a stated day; and\n(ii) at a stated place or a place the director-general directs; and\n(c) if the order directs the child or young person to be confined—\nthat transfers daily care responsibility for the child or young\nperson to the director-general for the period of confinement; and\nNote Pt 15.3 (Director-general has daily care responsibility) does not\napply if daily care responsibility for a child or young person is\ntransferred to the director-general under an intensive therapy order\n(see s 506).\n(d) includes any other conditions the court considers necessary to—\n(i) prevent the child or young person from engaging in\n(ii) ensure the child or young person undergoes any necessary\ntreatment in accordance with a therapy plan.\nNote Parental responsibility may be transferred to someone else (see s 17) or\nshared between 2 or more people (see s 18) under a court order made\nunder this Act or another law in force in the Territory.\n\n","sortOrder":574},{"sectionNumber":"544","sectionType":"section","heading":"Interim intensive therapy order—criteria for making","content":"544 Interim intensive therapy order—criteria for making\nThe Childrens Court may, on application by the director-general,\nmake an interim intensive therapy order for a child who is at least\n10 years old or a young person if—\n(a) an application for an intensive therapy order for the child or\nyoung person has been made but not finally decided; and\n(b) the court is satisfied that—\n(i) there is a significant risk of significant harm to the child or\nyoung person, or someone else, arising from the child’s or\nyoung person’s conduct; and\n(ii) an interim order before the application is finally decided is\nnecessary to prevent the harmful conduct; and\n(iii) if the order directs the child or young person to be\nconfined—the confinement is necessary as a last resort\nto—\n(A) prevent the child or young person from engaging in\n(B) ensure the child or young person undergoes any\nnecessary treatment in accordance with a therapy\nplan.\nNote Criteria for making an intensive therapy order are in s 549.\n","sortOrder":575},{"sectionNumber":"545","sectionType":"section","heading":"Interim intensive therapy order—confinement direction","content":"545 Interim intensive therapy order—confinement direction\nIf the Childrens Court decides that a child or young person must be\nconfined for a period of time under an interim intensive therapy order,\nthe court must include the following directions in the order:\n(a) that the child or young person must be confined;\n(b) the period of confinement, including the day on which the\nconfinement starts and ends;\n\nInterim intensive therapy orders Division 16.2.3\n(c) the place of confinement;\n(d) the purpose of the confinement.\n","sortOrder":576},{"sectionNumber":"546","sectionType":"section","heading":"Interim intensive therapy order—length","content":"546 Interim intensive therapy order—length\n(1) The length of an interim intensive therapy order—\n(b) must not be longer than 2 weeks.\n(2) An interim intensive therapy order ends on the earlier of the\n(a) the day the order is stated to end;\n(b) the day the application for the intensive therapy order is finally\ndecided.\n","sortOrder":577},{"sectionNumber":"547","sectionType":"section","heading":"Interim intensive therapy order—further order","content":"547 Interim intensive therapy order—further order\n(1) Section 546 does not prevent an application for a further interim\nintensive therapy order to commence immediately after the end of a\nprevious interim intensive therapy order.\n(2) However, the court must not make a further interim intensive therapy\norder directing the confinement of a child or young person if the total\nperiod of confinement to which the child or young person has been\nsubject under previous interim intensive therapy orders is 12 weeks.\n","sortOrder":578},{"sectionNumber":"548","sectionType":"section","heading":"Offence—interim intensive therapy order","content":"548 Offence—interim intensive therapy order\n(a) an interim intensive therapy order is in force for a child or young\n(c) the person is not the child or young person who is the subject of\nthe interim intensive therapy order; and\n\n(2) This section does not apply if the person has a reasonable excuse for\ncontravening the order.\nmentioned in s (2) (see Criminal Code, s 58).\n","sortOrder":579},{"sectionNumber":"549","sectionType":"section","heading":"Intensive therapy order—criteria for making","content":"549 Intensive therapy order—criteria for making\nThe Childrens Court may, on the application of the director-general,\nmake an intensive therapy order for a child who is at least 10 years\nold or young person only if satisfied that—\n(a) if the order is not made—\n(i) there will be a significant risk of significant harm to—\n(A) the child or young person; or\n(B) someone else; and\n(ii) the risk of harm arises from the child’s or young person’s\n(b) the court is satisfied that—\n(i) less restrictive ways to prevent the child or young person\nfrom engaging in harmful conduct have been tried but the\nless restrictive ways have not been successful; or\n(ii) less restrictive ways to prevent the child or young person\nfrom engaging in harmful conduct have been considered\nbut the less restrictive ways were not appropriate; and\n\nMaking an intensive therapy order Division 16.2.4\n(c) there are no less restrictive ways to prevent the child or young\nperson from engaging in harmful conduct; and\n(d) if the order authorises the director-general to issue a\nconfinement direction in relation to a child or young person—\nconfinement of the child or young person may be necessary as a\nlast resort to enable either or both of the following:\nneeds;\n(ii) treatment in accordance with a therapy plan; and\n(e) the director-general—\n(i) if the order relates to the assessment of the child’s or young\nperson’s behaviour and needs—undertakes to provide the\ncourt with a therapy plan for the child or young person\nwithin the period required by the court; and\n(b) if the order relates to the treatment of the child or young\nperson—has provided the court with a therapy plan for the\n(f) if the director general has provided a therapy plan to the court—\nthe plan is more likely than not to reduce the likelihood of the\nchild or young person engaging in harmful conduct in the future;\nand\n(g) making the order is in the best interests of the child or young\nExamples—less restrictive ways to prevent young person from engaging in\nharmful conduct—pars (b) and (c)\n1 The director-general provided a child’s or young person’s family with\nintensive family support services.\n2 The director-general or other service provider provided a child or young\nperson with the same services that are provided under a therapy plan but the\nchild or young person was not confined at an intensive therapy place.\n\nNote 1 In a proceeding for an intensive therapy order, a fact is proved if it is\nNote 2 The Childrens Court may make an order imposing an obligation on a\nperson only if the person agrees to it, has been given an opportunity to be\n","sortOrder":580},{"sectionNumber":"550","sectionType":"section","heading":"Intensive therapy order—confinement directions","content":"550 Intensive therapy order—confinement directions\n(1) If the Childrens Court authorises the director-general to issue a\nconfinement direction in relation to a child or young person under an\nintensive therapy order, or an extension of the order, the court must\nstate the following in the order:\n(a) that the child or young person may be confined as a last resort\nwhile the order is in force;\nNote For the director-general’s functions in relation to a confinement\ndirection (see section 577).\n(b) the place of confinement;\n(c) the purpose of the confinement;\n(d) any further conditions of the authorisation.\nconfinement direction–see section 532, definition of intensive\ntherapy order, paragraph (b).\n","sortOrder":581},{"sectionNumber":"551","sectionType":"section","heading":"Intensive therapy order—length","content":"551 Intensive therapy order—length\nThe length of an intensive therapy order—\n(b) must not be longer than 12 weeks.\nNote An intensive therapy order may be extended (see div 16.2.6).\n\nMaking an intensive therapy order Division 16.2.4\n","sortOrder":582},{"sectionNumber":"552","sectionType":"section","heading":"Intensive therapy order—statement of reasons","content":"552 Intensive therapy order—statement of reasons\nIf the Childrens Court hears and decides an application for an\nintensive therapy order, the court must record a written statement of\nreasons for the decision.\n","sortOrder":583},{"sectionNumber":"553","sectionType":"section","heading":"Offence—intensive therapy order","content":"553 Offence—intensive therapy order\n(a) an intensive therapy order is in force for a child or young person;\nand\n(c) the person is not the child or young person who is the subject of\nthe intensive therapy order; and\n(2) This section does not apply if the person has a reasonable excuse for\ncontravening the order.\nmentioned in s (2) (see Criminal Code, s 58).\n\n","sortOrder":584},{"sectionNumber":"554","sectionType":"section","heading":"Definitions—div 16.2.5","content":"554 Definitions—div 16.2.5\ninitial review—see section 555 (2).\nongoing review—see section 556 (2).\n","sortOrder":585},{"sectionNumber":"555","sectionType":"section","heading":"Initial review","content":"555 Initial review\n(1) This section applies if an intensive therapy order is in force for a child\n(2) The director-general must review the operation of the order\n(the initial review) not later than—\n(a) if the order authorises the director-general to issue a\nconfinement direction—2 weeks after the order is made; or\n(b) in any other case—6 weeks after the order is made, or 1 week\nbefore the order expires, whichever happens first.\n","sortOrder":586},{"sectionNumber":"556","sectionType":"section","heading":"Ongoing review","content":"556 Ongoing review\n(1) This section applies if an intensive therapy order is in force for a child\n(2) The director-general must review the operation of the order\n(an ongoing review) not later than—\n(a) if the order authorises the director-general to issue a\nconfinement direction—2 weeks after—\n(i) the initial review; and\n(ii) each ongoing review; or\n(b) in any other case—6 weeks after the initial review and each\nongoing review, or 1 week before the order expires after the\ninitial review or an ongoing review, whichever happens first.\n\nReview of intensive therapy orders Division 16.2.5\n","sortOrder":587},{"sectionNumber":"557","sectionType":"section","heading":"Review—views to be considered","content":"557 Review—views to be considered\n(1) This section applies if the director-general is carrying out an initial\n(2) In carrying out the review, the director-general must consider the\nviews of the following people:\nperson (other than the director-general);\nNote Parental responsibility is dealt with in div 1.3.2.\n(c) each person who had daily care responsibility for the child or\nyoung person immediately before the order was made;\n(e) each official visitor who has visited the child or young person;\n(g) if the child or young person is an Aboriginal or Torres Strait\n(h) any other person the director-general considers appropriate.\n","sortOrder":588},{"sectionNumber":"558","sectionType":"section","heading":"Review report","content":"558 Review report\n(1) This section applies if the director-general has carried out an initial\n(2) The director-general must prepare a report (a review report) about the\noperation of the intensive therapy order.\n\n(3) The director-general must give a copy of the review report to the\nperson (other than the director-general);\n(c) each person who had daily care responsibility for the child or\nyoung person immediately before the order was made;\n(e) each official visitor who has visited the child or young person;\n(g) if the child or young person is an Aboriginal or Torres Strait\n(h) if the Childrens Court has requested a copy of the report—the\ncourt.\n","sortOrder":589},{"sectionNumber":"559","sectionType":"section","heading":"Director-general’s action after review","content":"559 Director-general’s action after review\n(1) This section applies if the director-general has carried out an initial\n(2) If the director-general decides that the order should be extended, the\nextended.\nNote The Childrens Court may extend the order under div 16.2.6.\n(3) If the director-general decides that the order should be amended, the\namended.\nNote Amending an intensive therapy order is dealt with in div 16.2.7.\n\nExtending an intensive therapy order Division 16.2.6\n(4) If the director-general decides that the order should be revoked, the\nrevoked.\nNote Revoking an intensive therapy order is dealt with in div 16.2.7.\n","sortOrder":590},{"sectionNumber":"560","sectionType":"section","heading":"Intensive therapy order—extension application","content":"560 Intensive therapy order—extension application\nThe director-general may apply to the Childrens Court for extension\nof an intensive therapy order only if the director-general believes on\nreasonable grounds that the criteria for extending the order are met.\nNote 1 Criteria for extending the order is in s 564.\nNote 2 Statements, documents and reports must be included in the application\nNote 3 Oral applications may also be made (see s 698).\n","sortOrder":591},{"sectionNumber":"561","sectionType":"section","heading":"Intensive therapy order—extension application must","content":"561 Intensive therapy order—extension application must\nAn application for extension of an intensive therapy order must—\n(a) state the grounds for the proposed extension; and\n(ii) a further therapy plan for the child or young person for the\nperiod of the proposed extension; and\n(iii) a further risk assessment for the child or young person; and\n\n(c) include a written statement summarising—\n(i) whether the director-general has consulted with or sought\nadvice from the therapeutic support panel about the child\nor young person under the intensive therapy order, and if\nso the substance of the consultation or advice; and\n(ii) how the intensive therapy order was implemented; and\n(iii) the extent of compliance with the order.\n","sortOrder":592},{"sectionNumber":"562","sectionType":"section","heading":"Intensive therapy order—who must be given extension","content":"562 Intensive therapy order—who must be given extension\nThe director-general must give a copy of an application for extension\nof an intensive therapy order to the following people at least\n1 working day before the application is to be heard by the Childrens\nCourt:\n(c) if the intensive therapy order is for an Aboriginal or Torres Strait\n","sortOrder":593},{"sectionNumber":"563","sectionType":"section","heading":"Intensive therapy order—Childrens Court to consider","content":"563 Intensive therapy order—Childrens Court to consider\nextension application promptly\nfor extension of an intensive therapy order not later than 2 working\ndays after the day the application is filed.\n\nExtending an intensive therapy order Division 16.2.6\n(3) If the intensive therapy order is in force on the day the application for\nextension is filed, but would end before the application is heard, the\norder continues in force until whichever of the following happens\nfirst:\n(a) the application is heard and decided;\n(b) 8 weeks after the application was filed.\n","sortOrder":594},{"sectionNumber":"564","sectionType":"section","heading":"Intensive therapy order—criteria for extension up to","content":"564 Intensive therapy order—criteria for extension up to\n6 months\n(1) The Childrens Court may, by order, extend an intensive therapy order\nonly if satisfied that—\n(a) if the order is not extended—\n(i) there will be a significant risk of significant harm to—\n(A) the child or young person; or\n(B) someone else; and\n(ii) the risk of harm arises from the child’s or young person’s\n(b) there are no less restrictive ways to prevent the child or young\nperson from engaging in harmful conduct than an extended\nintensive therapy order; and\n(c) the director-general has developed a further therapy plan for the\n(d) the further therapy plan is more likely than not to reduce the\nlikelihood of the child or young person engaging in harmful\nconduct in the future; and\n\n(e) extending the order is in the best interests of the child or young\nNote 1 In a proceeding for a care and protection order, a fact is proved if it is\nNote 2 The Childrens Court may make an order imposing an obligation on a\nperson only if the person agrees to it, has been given an opportunity to be\n(2) The Childrens Court may extend an intensive therapy order—\n(a) for as long as 8 weeks; and\n(b) more than once.\n(3) However, the Childrens Court must not extend an intensive therapy\norder if the total length of the order and any extensions of the order\nwill be longer than 6 months.\n","sortOrder":595},{"sectionNumber":"565","sectionType":"section","heading":"Intensive therapy order extension—statement of reasons","content":"565 Intensive therapy order extension—statement of reasons\nIf the Childrens Court hears and decides an application for extension\nof an intensive therapy order, the court must record a written\nstatement of reasons for the decision.\nDivision 16.2.7 Amending or revoking an intensive\ntherapy order\n","sortOrder":596},{"sectionNumber":"566","sectionType":"section","heading":"Intensive therapy order—amendment","content":"566 Intensive therapy order—amendment\nThe Childrens Court may by order, on application or on its own\ninitiative, amend an intensive therapy order.\n\nAmending or revoking an intensive therapy order Division 16.2.7\n","sortOrder":597},{"sectionNumber":"567","sectionType":"section","heading":"Intensive therapy order—revocation","content":"567 Intensive therapy order—revocation\nThe Childrens Court may by order, on application or on its own\ninitiative, revoke an intensive therapy order.\n","sortOrder":598},{"sectionNumber":"568","sectionType":"section","heading":"Intensive therapy order—application for amendment or","content":"568 Intensive therapy order—application for amendment or\nThe following people may apply for amendment or revocation of an\nintensive therapy order for a child or young person if the person\nbelieves on reasonable grounds that the criteria for amending or\nrevoking the order are met:\n(c) someone who has parental responsibility for the child or young\n(d) a former caregiver of the child or young person;\n","sortOrder":599},{"sectionNumber":"569","sectionType":"section","heading":"Intensive therapy order—application for amendment must","content":"569 Intensive therapy order—application for amendment must\n(1) An application for amendment of an intensive therapy order must—\n(a) state—\n(i) how the provision is proposed to be amended; and\n(ii) the grounds for the proposed amendment; and\n\n(b) if the applicant is the director-general, include—\n(ii) a revised therapy plan for the child or young person that\ntakes into account the proposed amendment; and\n(iii) a further risk assessment for the child or young person; and\n(c) be given to the following:\n(i) if the applicant is not the director-general—the\ndirector-general;\n(ii) the public advocate;\n(iii) if the child or young person is an Aboriginal or Torres\nStrait Islander person—the Aboriginal and Torres Strait\nIslander children and young people commissioner;\n(iv) an entity prescribed by regulation.\n(2) If the applicant is not the director-general, after the director-general\nreceives a copy of the application, the director-general must file with\nthe Childrens Court—\n(a) the intensive therapy history (if any) for the child or young\n(b) a revised therapy plan for the child or young person that takes\ninto account the proposed amendment; and\n(c) a further risk assessment for the child or young person.\n\nAmending or revoking an intensive therapy order Division 16.2.7\n","sortOrder":600},{"sectionNumber":"570","sectionType":"section","heading":"Intensive therapy order—application for revocation must","content":"570 Intensive therapy order—application for revocation must\n(1) An application for revocation of an intensive therapy order must—\n(a) state the grounds for the proposed revocation; and\n(b) if the applicant is the director-general, include—\n(ii) a further risk assessment for the child or young person.\n(2) If the applicant is not the director-general, after the director-general\nreceives a copy of the application, the director-general must file with\nthe Childrens Court—\n(a) the intensive therapy history (if any) for the child or young\n(b) a further risk assessment for the child or young person.\n","sortOrder":601},{"sectionNumber":"571","sectionType":"section","heading":"Intensive therapy order—who must be given application","content":"571 Intensive therapy order—who must be given application\nfor amendment or revocation\nThe applicant for amendment or revocation of an intensive therapy\norder must give a copy of the application to the following people at\nleast 1 working day before the application is to be heard by the\nChildrens Court:\napplication for the intensive therapy order;\n\n(d) if the intensive therapy order was for an Aboriginal or Torres\n","sortOrder":602},{"sectionNumber":"572","sectionType":"section","heading":"Intensive therapy order—Childrens Court to consider","content":"572 Intensive therapy order—Childrens Court to consider\napplication for amendment or revocation promptly\nfor amendment or revocation of an intensive therapy order not later\nthan 2 working days after the day the application is filed.\n","sortOrder":603},{"sectionNumber":"573","sectionType":"section","heading":"Intensive therapy order amendment or revocation—","content":"573 Intensive therapy order amendment or revocation—\ncriteria for amendment or revocation\nThe Childrens Court may, by order, amend or revoke an intensive\ntherapy order or a condition of the order only if satisfied that—\n(a) the order or condition of the order is no longer needed to reduce\nthe risk of harm to, or arising from, the child or young person;\nor\n(b) a less restrictive way than the order or condition of the order is\navailable to prevent the child or young person from engaging in\nharmful conduct; or\n(c) the order or condition of the order is no longer in the best\ninterests of the child.\n\nMental health referral Division 16.2.8\n","sortOrder":604},{"sectionNumber":"574","sectionType":"section","heading":"Intensive therapy order amendment or revocation—","content":"574 Intensive therapy order amendment or revocation—\nstatement of reasons\nIf the Childrens Court hears and decides an application for\namendment or revocation of an intensive therapy order, the court\nmust record a written statement of reasons for the decision.\n","sortOrder":605},{"sectionNumber":"575","sectionType":"section","heading":"Referral of young person with mental disorder or illness","content":"575 Referral of young person with mental disorder or illness\n(1) In a proceeding for an interim intensive therapy order or intensive\ntherapy order for a child or young person, the Childrens Court—\n(a) if satisfied that the child or young person may have a mental\ndisorder or mental illness—may order the child or young person\nto submit to the jurisdiction of the ACAT; or\n(b) if satisfied that the child or young person has a mental disorder\nor mental illness—must order the child or young person to\nsubmit to the jurisdiction of the ACAT.\n(2) However, the Childrens Court need not order the child or young\nperson to submit to the jurisdiction of the ACAT if satisfied that\nmaking an interim intensive therapy order or intensive therapy order\nis the best way to support the child or young person.\n(3) The Childrens Court may, under an interim intensive therapy order or\nintensive therapy order, include a requirement that the child or young\nperson submit to the jurisdiction of the ACAT if satisfied that an order\nwith the requirement is the best way to support the child or young\n\n(4) If the Childrens Court makes an order under subsection (1), or an\norder with a requirement mentioned in subsection (3), the order must\ncontain a provision directing the child or young person to submit to\nthe jurisdiction of the ACAT to allow the ACAT—\n(a) to decide whether the child or young person has a mental\ndisorder or mental illness; and\n(b) if the ACAT decides that the child or young person has a mental\ndisorder or mental illness—to make recommendations to the\nChildrens Court about how the child or young person should be\ndealt with.\n\nPreliminary Division 16.3.1\nPart 16.3 Children and young people in\nintensive therapy\nDivision 16.3.1 Preliminary\n576 When is a child or young person in intensive therapy?\nin intensive therapy—a child or young person is in intensive therapy\nif the child or young person is subject to an intensive therapy order or\nan interim intensive therapy order.\nDivision 16.3.2 Confinement\n","sortOrder":606},{"sectionNumber":"577","sectionType":"section","heading":"Confinement direction","content":"577 Confinement direction\n(1) A confinement direction issued by the director-general as a last resort\nin relation to a child or young person must state the following:\n(a) the nature of the confinement necessary and reasonable to\nneeds; or\n(ii) treatment of the child or young person in accordance with\na therapy plan;\n(b) the period of confinement;\n(c) whether the child or young person may temporarily leave an\nintensive therapy place while the confinement direction is in\nforce.\n(2) The director-general must not—\n(a) direct the continuous confinement of a child or young person for\na period longer than 14 days; or\n\n(b) allow a child or young person to temporarily leave an intensive\ntherapy place if the leave would create a risk of harm to the child\nor young person or anyone else.\n(3) The director-general may issue more than 1 confinement direction in\naccordance with an intensive therapy order while the order is in force.\n(4) If the director-general issues a confinement direction, the\ndirector-general must for each period of confinement—\n(a) record the fact of and reasons for the confinement; and\n(b) tell the public advocate in writing of the confinement; and\nIslander person—tell the Aboriginal and Torres Strait Islander\nchildren and young people commissioner in writing of the\nconfinement; and\n(d) record the confinement in the intensive therapy register.\nconfinement direction–see section 532, definition of intensive\ntherapy order, paragraph (b).\n","sortOrder":607},{"sectionNumber":"578","sectionType":"section","heading":"Who is an accredited person?","content":"578 Who is an accredited person?\naccredited person, for a child or young person in intensive therapy,\nmeans each of the following:\n(b) a representative of an entity providing a service or program to\nthe child or young person at an intensive therapy place;\n(c) a lawyer representing the child or young person;\n\nVisits by accredited people Division 16.3.3\n(d) a health practitioner providing a health service to the child or\n(e) an official visitor;\n(f) the chair of the therapeutic support panel;\n(g) the public advocate;\n(h) a commissioner exercising functions under the Human Rights\n(i) if the child or young person is an Aboriginal or Torres Strait\n(j) the ombudsman;\n(k) the senior practitioner;\n(l) a person prescribed by regulation.\nsenior practitioner—see the Senior Practitioner Act 2018,\n","sortOrder":608},{"sectionNumber":"579","sectionType":"section","heading":"Intensive therapy—visits by accredited people must be","content":"579 Intensive therapy—visits by accredited people must be\nallowed\nTo protect the human rights of children and young people in intensive\ntherapy at intensive therapy places, the operating entity for the\nintensive therapy place must ensure, as far as practicable, that\nchildren and young people in intensive therapy have reasonable\nopportunities to receive visits from accredited people as often as\nneeded.\n","sortOrder":609},{"sectionNumber":"580","sectionType":"section","heading":"Intensive therapy—visits by accredited people","content":"580 Intensive therapy—visits by accredited people\nAn accredited person may visit a child or young person in intensive\ntherapy.\n\n","sortOrder":610},{"sectionNumber":"581","sectionType":"section","heading":"Application—div 16.3.4","content":"581 Application—div 16.3.4\nThis division applies to a child or young person who is in intensive\ntherapy.\n","sortOrder":611},{"sectionNumber":"582","sectionType":"section","heading":"Meaning of owner—div 16.3.4","content":"582 Meaning of owner—div 16.3.4\nowner, of a thing, includes a person entitled to possession of the thing.\n","sortOrder":612},{"sectionNumber":"583","sectionType":"section","heading":"Search and seizure—powers","content":"583 Search and seizure—powers\n(1) The operating entity for an intensive therapy place may, at any time,\ndirect an intensive therapy person to carry out a scanning search, frisk\nsearch or ordinary search of a child or young person if there are\nreasonable grounds for believing that the child or person is carrying\nanything—\n(a) that would present a danger to the intensive therapy person or\nanother person; or\n(b) that could be used to assist the child or person to escape the\nintensive therapy place.\n(2) As far as practicable, the operating entity must ensure that the\nintensive therapy person is—\n(a) if the child or young person requests an intensive therapy person\nof a particular sex—a person of the sex requested; or\n(b) if the child or young person makes no request—a person of the\nsame sex as the child or young person.\n(3) The intensive therapy person may seize a dangerous thing found on a\nchild or young person or in a child’s or young person’s custody or\npossession, unless the child or young person has the written approval\nof the operating entity to possess the thing.\n\nSearches and seizure Division 16.3.4\n(4) The intensive therapy person must make a written record of anything\nseized under this section.\nfrisk search means—\n(a) a search of a person conducted by quickly running the hands\nover the person’s outer garments; and\n(b) an examination of anything worn or carried by the person that is\nconveniently and voluntarily removed by the person.\nordinary search means a search of a person, or of articles in a\nperson’s possession, that may include—\n(a) requiring the person to remove the person’s overcoat, coat or\njacket and any gloves, shoes, hat or bag; and\n(b) an examination of those items.\nscanning search means a search of a person by electronic or other\nmeans that does not require the person to remove the person’s\nclothing or to be touched by someone else.\n","sortOrder":613},{"sectionNumber":"584","sectionType":"section","heading":"Searches—intrusiveness","content":"584 Searches—intrusiveness\n(1) An intensive therapy person conducting a search of a child or young\nperson under this division must ensure, as far as practicable, that the\nsearch—\n(a) is the least intrusive kind of search that is necessary and\nreasonable in the circumstances; and\n(b) is conducted in the least intrusive way that is necessary and\nreasonable in the circumstances.\nsearching for a dangerous thing by a scanning search rather than a frisk search\n(2) A child or young person must not be subjected to a strip search.\n\nstrip search means a search of a person that includes—\n(a) requiring the person to remove all of the person’s clothing; and\n(b) examining—\n(i) the person’s body (but not the person’s body orifices or\ncavities); and\n(ii) the person’s clothing.\n","sortOrder":614},{"sectionNumber":"585","sectionType":"section","heading":"Searches—use of force","content":"585 Searches—use of force\nAn intensive therapy person may use force, but only as much force as\nis necessary and reasonable—\n(a) to conduct or assist in a search under this division; or\n(b) to prevent the loss, destruction or contamination of anything\nseized, or that may be seized, during the search.\n","sortOrder":615},{"sectionNumber":"586","sectionType":"section","heading":"Seized property—must tell owner","content":"586 Seized property—must tell owner\n(1) As soon as practicable, but not later than 7 days, after the day a thing\nis seized under section 583, the operating entity for the intensive\ntherapy place must tell the following people, in writing (a seizure\nnotice), about the seizure:\n(a) the owner of the thing seized;\n(b) if the owner cannot be identified after reasonable efforts (given\nthe thing’s apparent value)—the person from whom the thing\nwas seized.\n(2) The seizure notice must—\n(a) identify the thing seized; and\n(b) outline the grounds for the seizure; and\n(c) include a statement about the effect of section 587; and\n\nSearches and seizure Division 16.3.4\n(d) include anything else prescribed by regulation.\n","sortOrder":616},{"sectionNumber":"587","sectionType":"section","heading":"Seized property—forfeiture","content":"587 Seized property—forfeiture\n(1) A thing seized under section 583 is forfeited to the Territory if—\n(a) after making reasonable efforts (given the thing’s apparent\nvalue), the operating entity for the intensive therapy place is\n(i) the owner of the thing cannot be found; or\n(ii) the thing cannot be returned to the owner; or\n(b) the operating entity for the intensive therapy place is satisfied\n(i) possession of the thing by the child or young person is an\noffence; or\n(ii) it is necessary to keep the thing to stop it being used for the\ncommission of an offence; or\n(iii) the thing is inherently unsafe.\n(2) The operating entity may deal with a thing forfeited to the Territory\nunder this section, or dispose of it, as the operating entity considers\n1 giving a forfeited weapon to the director-general\n2 disposing of a forfeited thing of little value\n\n(3) However, subsection (2) is subject to any order under the Crimes\nAct 1900, section 249 (Seizure of forfeited articles).\nNote 1 The Crimes Act 1900 also provides for articles forfeited under any law in\nforce in the Territory to be seized by a member of the police force, taken\nbefore the Magistrates Court and for the court to order disposal of the\narticle by the public trustee and guardian (see s 249 and s 250).\nNote 2 The Uncollected Goods Act 1996 provides generally for the disposal of\nuncollected goods, including goods abandoned on premises controlled by\nthe Territory.\n","sortOrder":617},{"sectionNumber":"588","sectionType":"section","heading":"Seized property—return","content":"588 Seized property—return\n(1) If a thing seized under section 583 is not forfeited to the Territory, the\noperating entity for the intensive therapy place must return the thing\nto its owner—\n(a) at the end of the 6 months after the day the thing was seized; or\n(b) if a proceeding for an offence involving the thing is started not\nlater than the 6 months—at the end of the proceeding and any\nappeal from the proceeding.\n(2) However, if the thing was being kept as evidence of an offence and\nthe operating entity believes on reasonable grounds that keeping the\nthing as evidence is no longer necessary, the operating entity must\nreturn the thing immediately to its owner.\n\nIntensive therapy places Division 16.4.1\nPart 16.4 Intensive therapy—\nadministration\n","sortOrder":618},{"sectionNumber":"589","sectionType":"section","heading":"Intensive therapy place—declaration","content":"589 Intensive therapy place—declaration\n(1) The director-general may declare a place to be an intensive therapy\nplace for this Act.\n(2) However, the director-general may declare a place to be an intensive\ntherapy place only if the place—\n(a) is not a detention place, former detention place or any part of a\nplace that accommodates young detainees; and\n(b) complies with the intensive therapy standards.\nNote The Minister may make intensive therapy standards under s 887.\nNote An authorised person may, at any reasonable time, enter a place if the\ndirector-general is deciding whether to declare the place as an intensive\ntherapy place under this section (see s 816).\n","sortOrder":619},{"sectionNumber":"590","sectionType":"section","heading":"Intensive therapy place—exclusion of matters from","content":"590 Intensive therapy place—exclusion of matters from\ndeclaration etc\n(1) The director-general may exclude from an intensive therapy place\ndeclaration any matter that the director-general believes on\nreasonable grounds would be likely to disclose the location of an\nintensive therapy place.\n(2) However, the director-general must disclose the location of an\nintensive therapy place to the people entitled under section 597 (1) to\nhave access to the intensive therapy register.\n\n","sortOrder":620},{"sectionNumber":"591","sectionType":"section","heading":"Intensive therapy place—policies and procedures","content":"591 Intensive therapy place—policies and procedures\n(1) The director-general may make intensive therapy place policies and\noperating procedures, consistent with this Act, to facilitate the\neffective and efficient management of intensive therapy places.\nNote A reference to this Act includes a reference to the statutory instruments\nmade or in force under this Act, including any intensive therapy standards\n(see Legislation Act, s 104).\n(2) Each intensive therapy place policy or operating procedure is a\nnotifiable instrument.\nNote An authorised person may, at any reasonable time, enter an intensive\ntherapy place for which the director-general is not the operating entity\n(see s 816).\n","sortOrder":621},{"sectionNumber":"592","sectionType":"section","heading":"Authorisation of operating entity for intensive therapy","content":"592 Authorisation of operating entity for intensive therapy\nplace\nThe director-general may authorise an entity to be an operating entity\nfor an intensive therapy place if satisfied that the entity—\n(a) is a suitable entity to operate an intensive therapy place; and\nNote Suitable entities are dealt with in s 61.\n(b) complies with, and is likely to continue to comply with, the\nintensive therapy standards.\nNote The Minister may make intensive therapy standards under s 887.\n","sortOrder":622},{"sectionNumber":"593","sectionType":"section","heading":"Suspension of operating entity’s authorisation","content":"593 Suspension of operating entity’s authorisation\n(1) The director-general may suspend an entity’s authorisation under\nsection 592 as an operating entity for an intensive therapy place if the\ndirector-general suspects on reasonable grounds that the entity—\n(a) is not a suitable entity to operate an intensive therapy place; or\n(b) has at any time failed to comply with the intensive therapy\n\nIntensive therapy places Division 16.4.1\n(2) The director-general may suspend the authorisation by—\n(a) giving the entity written notice of the suspension, including the\ndirector-general’s reasons for suspending the authorisation; and\n(b) telling the entity that the entity may make a submission, in\nwriting, to the director-general about the suspension not later\nthan 14 days after the day the notice is given to the entity.\n(3) A suspension takes effect immediately.\n(4) After the end of 28 days after the director-general gives notice of the\nsuspension of an entity’s authorisation under subsection (2) (b), the\n(a) consider any submission made by the entity; and\n(i) revoke the suspension; or\n(ii) give the entity notice of the director-general’s intention to\nrevoke the authorisation under section 594.\n","sortOrder":623},{"sectionNumber":"594","sectionType":"section","heading":"Revocation of operating entity’s authorisation","content":"594 Revocation of operating entity’s authorisation\n(1) The director-general may revoke an entity’s authorisation under\nsection 592 as an operating entity for an intensive therapy place if the\ndirector-general is satisfied that the entity—\n(a) is not a suitable entity to operate an intensive therapy place; or\n(b) has at any time failed to comply with the intensive therapy\n(2) The director-general may also revoke an entity’s authorisation if the\nentity asks the director-general to revoke the authorisation.\n\n(3) Before revoking an entity’s authorisation under subsection (1), the\n(a) give the entity written notice of the director-general’s intention\nto revoke the authorisation, including the director-general’s\nreasons; and\n(b) tell the entity that the entity may make a submission, in writing,\nto the director-general about the notice not later than 14 days\nafter the day the notice is given to the entity; and\n(c) if the entity makes a submission—consider the submission.\n","sortOrder":624},{"sectionNumber":"595","sectionType":"section","heading":"Public advocate etc may be given therapy plan","content":"595 Public advocate etc may be given therapy plan\n(1) If the public advocate or an official visitor asks the director-general\nfor a therapy plan for a child or young person, the director-general\nmust promptly give the public advocate or official visitor a copy of\nthe plan.\nNote The therapy plan is protected information (see ch 25).\n(2) If the Aboriginal and Torres Strait Islander children and young people\ncommissioner asks the director-general for a therapy plan for an\nAboriginal or Torres Strait Islander child or young person, the\ndirector-general must promptly give the commissioner a copy of the\nplan.\n","sortOrder":625},{"sectionNumber":"596","sectionType":"section","heading":"Intensive therapy register","content":"596 Intensive therapy register\n(1) The operating entity for an intensive therapy place must keep a\nregister (an intensive therapy register) in relation to children or\nyoung people for whom the Childrens Court makes an interim\nintensive therapy order or an intensive therapy order and who are\nconfined at the intensive therapy place.\n\nIntensive therapy register Division 16.4.3\n(2) The intensive therapy register must include the following details for\neach child or young person for whom the Childrens Court makes an\ninterim intensive therapy order or an intensive therapy order:\n(a) name, sex and date of birth;\n(b) details of the intensive therapy order;\n(c) the therapy plan for each proposed period of confinement;\n(d) the intensive therapy history (if any) for each period of\nconfinement;\n(e) if the child or young person is searched during a period of\nconfinement—\n(i) the reason for the search; and\n(ii) when and where the search was conducted; and\n(iii) the name of each person present at any time during the\nsearch; and\n(iv) details of anything seized during the search; and\n(v) details of any force used for conducting the search, and\nwhy force was used;\n(f) if force was used on the child or young person, other than as part\nof a search, during the period of confinement—\n(i) the reason force was used; and\n(ii) details of the force used; and\n(iii) the name of each person present when force was used;\n(g) where and with whom the child or young person lived before the\nperiod of confinement;\n(h) anything else prescribed by regulation.\nNote Information in the intensive therapy register is protected\ninformation (see ch 25).\n\n(3) The register may contain anything else the operating entity considers\nrelevant.\n","sortOrder":626},{"sectionNumber":"597","sectionType":"section","heading":"Intensive therapy register—who may have access?","content":"597 Intensive therapy register—who may have access?\n(1) The following people may have access to an intensive therapy\nregister:\n(a) the director-general or a person authorised by the\ndirector-general;\n(c) a judge;\n(d) the ombudsman;\n(e) an official visitor;\n(g) a commissioner exercising functions under the Human Rights\n(h) the Aboriginal and Torres Strait Islander children and young\n(i) a person prescribed by regulation.\n(2) The operating entity must ensure that the intensive therapy register\nkept by the operating entity is accessed only by the people mentioned\nin subsection (1).\nNote An authorised person may, at any reasonable time, enter an intensive\ntherapy place (see s 816).\n","sortOrder":627},{"sectionNumber":"598","sectionType":"section","heading":"Intensive therapy register—public advocate to inspect","content":"598 Intensive therapy register—public advocate to inspect\nThe public advocate must inspect the intensive therapy register at\nleast once every 3 months.\n\nPreliminary Part 16A.1\n","sortOrder":628},{"sectionNumber":"Part 16A","sectionType":"part","heading":"Care and protection—","content":"Chapter 16A Care and protection—\nnotification and review of\ncertain decisions\nPart 16A.1 Preliminary\n","sortOrder":629},{"sectionNumber":"635A","sectionType":"section","heading":"Definitions—ch 16A","content":"635A Definitions—ch 16A\naffected person, for a decision, means—\n(a) a person prescribed for section 635B (a) for the decision; and\n(b) any other person whose interests are affected by the decision.\ndecision-maker, for an internally reviewable decision, means the\nentity prescribed by regulation for the decision.\ninternally reviewable decision means a decision prescribed by\nregulation.\ninternal reviewer—see section 635E (1).\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means a decision of an internal reviewer in\nrelation to an internally reviewable decision.\n\n","sortOrder":630},{"sectionNumber":"635B","sectionType":"section","heading":"Internal review notices","content":"635B Internal review notices\nIf a decision-maker makes an internally reviewable decision, the\ndecision-maker must give an internal review notice to—\n(a) each person prescribed by regulation for the decision; and\n(c) if a child or young person the subject of the decision is an\nNote The decision-maker must also take reasonable steps to give an internal\nreview notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).\n","sortOrder":631},{"sectionNumber":"635C","sectionType":"section","heading":"Application for internal review","content":"635C Application for internal review\n(1) The following may apply to the decision-maker for review of an\ninternally reviewable decision:\n(a) an affected person for the decision;\n(c) if a child or young person the subject of the decision is an\n(b) state the name and contact details of the applicant; and\n(c) set out the applicant’s reasons for making the application.\n\nInternal review Part 16A.2\n(3) The application must be given to the decision-maker within—\n(a) 28 days after the day the applicant is given the internal review\nnotice for the decision; or\n(b) any longer period allowed by the decision-maker before or after\nthe end of the 28-day period.\n","sortOrder":632},{"sectionNumber":"635D","sectionType":"section","heading":"Application not affect internally reviewable decision","content":"635D Application not affect internally reviewable decision\nThe making of an application for review of an internally reviewable\ndecision does not affect the operation of the decision.\n","sortOrder":633},{"sectionNumber":"635E","sectionType":"section","heading":"Internal review","content":"635E Internal review\n(1) If an application is made for internal review, the decision-maker must\narrange for someone else (the internal reviewer) to review the\ndecision.\n(2) The internal reviewer must, within 40 days after the internal reviewer\nreceives the application—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute their own decision.\n(3) If the internal reviewer does not take action under subsection (2)\nwithin the 40-day period, the internal reviewer is taken to have\nconfirmed the decision.\n\n","sortOrder":634},{"sectionNumber":"635F","sectionType":"section","heading":"Application for ACAT review—internally reviewable","content":"635F Application for ACAT review—internally reviewable\n(1) This section applies if a person who may make an application for\nreview of an internally reviewable decision under section 635C (1)\nconsiders exceptional circumstances exist that warrant the review of\nthe decision by the ACAT.\nExamples—exceptional circumstances\n1 a decision is made that would significantly affect a child’s or young person’s\nrelationship with a significant person for the child or young person or, if set\naside after it takes effect, would cause significant disruption for the child or\nyoung person, such as to place a child with a carer interstate\n2 a decision is made that would be impractical or impossible to reverse, such as\nto allow a young person to undergo an irreversible medical procedure\n3 a decision is made that is likely to cause harm to a child or young person, such\nas to restrict a breast feeding person’s contact with their child\n4 an affected person will be denied procedural fairness if an application for\nreview of the decision is not undertaken quickly\n(2) The person may apply to the ACAT for review of the internally\nreviewable decision.\n\nACAT review Part 16A.3\nPart 16A.3 ACAT review\n","sortOrder":635},{"sectionNumber":"635G","sectionType":"section","heading":"Reviewable decision notices","content":"635G Reviewable decision notices\nIf an internal reviewer makes a reviewable decision, the internal\nreviewer must give a reviewable decision notice to each person who\nis given an internal review notice.\nNote The internal reviewer must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":636},{"sectionNumber":"635H","sectionType":"section","heading":"Application for ACAT review—reviewable decision","content":"635H Application for ACAT review—reviewable decision\nAn affected person for a reviewable decision may apply to the ACAT\nfor review of the decision.\nNote If a form is approved under the ACT Civil and Administrative Tribunal\nAct 2008 for the application, the form must be used.\n","sortOrder":637},{"sectionNumber":"635I","sectionType":"section","heading":"Application for ACAT review by certain statutory","content":"635I Application for ACAT review by certain statutory\noffice-holders—reviewable decision\n(1) The following (a relevant statutory office-holder) may apply to the\nACAT for review of a reviewable decision:\n(b) if a child or young person the subject of the decision is an\n(2) However, the relevant statutory office-holder must not make an\napplication unless they have first attempted to resolve the matter\nsatisfactorily with—\n(a) if an application for internal review of the decision has not been\nmade—the decision-maker; or\n(b) if an application for internal review of the decision has been\nmade—the internal reviewer for the decision.\n\n","sortOrder":638},{"sectionNumber":"635J","sectionType":"section","heading":"Definitions—pt 16A.4","content":"635J Definitions—pt 16A.4\nlitigation guardian, for a child or young person, means a person\nappointed as a litigation guardian for the child or young person under\nsection 635T.\nreview application means an application before the ACAT in a\nproceeding for review of—\n(a) an internally reviewable decision under section 635F (2); or\n(b) a reviewable decision under section 635H or section 635I.\n","sortOrder":639},{"sectionNumber":"Div 16A","sectionType":"division","heading":"4.2 Parties and appearance","content":"Division 16A.4.2 Parties and appearance\n","sortOrder":640},{"sectionNumber":"635K","sectionType":"section","heading":"Parties to review application","content":"635K Parties to review application\n(1) The parties to a review application are—\n(a) for an application started by the public advocate or the\ncommissioner under section 635I—a child or young person the\nsubject of the application and the decision-maker; and\n(b) in any other case—the applicant and the decision-maker.\n(2) The ACT Civil and Administrative Tribunal Act 2008, section 29 (3)\ndoes not apply to an application for review under this chapter.\n","sortOrder":641},{"sectionNumber":"635L","sectionType":"section","heading":"Affected people to be notified about review application","content":"635L Affected people to be notified about review application\n(1) On the making of a review application, the ACAT must tell the\ndecision-maker—\n(a) that the application has been made; and\n\nParties and appearance Division 16A.4.2\n(b) give details of the application.\n(2) Within 7 days after being told about an application, the\ndecision-maker must give written notice of the application to the\n(a) each affected person for the decision;\n(c) if a child or young person the subject of the application is an\n(3) The notice must include—\n(a) details of the review application; and\n(b) for a notice given to an affected person—\n(i) a statement that the person may be joined as a party to the\nreview application; and\n(ii) information about how the person may be joined as a party\nto the review application.\nNote For joining parties to an application, see the ACT Civil and Administrative\nTribunal Act 2008, s 29 (5).\n","sortOrder":642},{"sectionNumber":"635M","sectionType":"section","heading":"Appearance","content":"635M Appearance\n(1) The following (a relevant statutory office-holder) may appear and\ngive evidence at the hearing of a review application:\n(b) if the child or young person the subject of the application is an\n\n(2) Subsection (1) does not apply if the relevant statutory office-holder is\na litigation guardian for a child or young person in the review\nNote The role of a litigation guardian is set out in s 635U.\nDivision 16A.4.3 Children and young people in review\n","sortOrder":643},{"sectionNumber":"635N","sectionType":"section","heading":"Meaning of direct legal representative and independent","content":"635N Meaning of direct legal representative and independent\nlegal representative—div 16A.4.3\ndirect legal representative, for a child or young person, means a legal\nrepresentative undertaking the functions mentioned in\nsection 635R (1).\nindependent legal representative, for a child or young person, means\na legal representative undertaking the functions mentioned in\nsection 635R (2).\n","sortOrder":644},{"sectionNumber":"635O","sectionType":"section","heading":"Children and young people’s right to express views to","content":"635O Children and young people’s right to express views to\nACAT\nA child or young person who is the subject of a review application\nhas the right to express their views to the ACAT about matters\nrelevant to the application.\n","sortOrder":645},{"sectionNumber":"635P","sectionType":"section","heading":"Appointment of legal representative for child or young","content":"635P Appointment of legal representative for child or young\nThe ACAT must appoint a legal representative for a child or young\nperson in a review application if the ACAT considers it is in the best\ninterests of the child or young person to be legally represented in the\n\nChildren and young people in review applications Division 16A.4.3\n","sortOrder":646},{"sectionNumber":"635Q","sectionType":"section","heading":"Legal representative to act as direct legal representative","content":"635Q Legal representative to act as direct legal representative\nor independent legal representative\n(1) A legal representative for a child or young person is to act as a direct\nlegal representative if—\n(a) the child or young person is capable of giving proper\ninstructions; and\n(b) a litigation guardian has not been appointed for the child or\n(2) A legal representative for a child or young person is to act as an\nindependent legal representative if—\n(a) the child or young person is not capable of giving proper\ninstructions; or\n(b) a litigation guardian has been appointed for the child or young\n","sortOrder":647},{"sectionNumber":"635R","sectionType":"section","heading":"Functions of legal representative","content":"635R Functions of legal representative\n(1) A direct legal representative for a child or young person must—\n(a) as far as possible, present the views and wishes of the child or\nyoung person to the ACAT; and\n(b) act on the instructions of the child or young person.\n(2) An independent legal representative for a child or young person\n(a) as far as possible, present the views and wishes of the child or\nyoung person to the ACAT; and\n(b) safeguard and represent the interests of the child or young\n(c) act on the instructions of a litigation guardian (if any) appointed\n\n(3) Nothing in this section limits the role of a legal representative for a\n","sortOrder":648},{"sectionNumber":"635S","sectionType":"section","heading":"Removal of legal representative","content":"635S Removal of legal representative\n(1) This section applies if a child or young person has a legal\nrepresentative appointed under section 635P.\n(2) The ACAT may, on application or on its own initiative—\n(a) remove the legal representative if it considers it is in the best\ninterests of the child or young person; and\n(b) order that the review application be suspended until someone\nelse has been appointed as a replacement legal representative.\n(3) An application under subsection (2) may be made by a party to the\nreview application or anyone else.\n(4) Nothing in this section affects the ACAT’s ability to remove a legal\nrepresentative or stop a legal representative participating in the\nreview application under another territory law.\n","sortOrder":649},{"sectionNumber":"635T","sectionType":"section","heading":"Appointment of litigation guardian for child or young","content":"635T Appointment of litigation guardian for child or young\n(1) This section applies to a child or young person who is either—\n(a) the subject of a review application, whether or not the child or\nyoung person has a legal representative; or\n(b) not the subject of a review application but whose interests may\nbe affected by the review application.\n(2) The ACAT—\n(a) for a child or young person mentioned in subsection (1) (a)\nor (b)—may appoint a litigation guardian for a child or young\nperson if the ACAT considers it is in the best interests of the\nchild or young person to have a litigation guardian; or\n\nChildren and young people in review applications Division 16A.4.3\n(b) for a child or young person mentioned in subsection (1) (a)—\nmust appoint a litigation guardian for a child or young person if\nthe application was started by the public advocate or the\ncommissioner under section 635I.\n(3) However, the ACAT must not appoint a litigation guardian if—\n(a) the child or young person has expressed a wish not to have a\nlitigation guardian; and\n(b) the ACAT considers that the child or young person understands\nthe nature and effect of the decisions the child or young person\nmakes in relation to the review application.\n(4) The following may be appointed as a litigation guardian:\n(a) a person not under a legal disability;\n(5) However, the ACAT must not appoint a person as a litigation\nguardian unless satisfied—\n(a) the person has no interest in the review application that conflicts,\nor might conflict, with the interests of the child or young person;\nand\n(b) the person agrees to be appointed.\n","sortOrder":650},{"sectionNumber":"635U","sectionType":"section","heading":"Functions of litigation guardian","content":"635U Functions of litigation guardian\n(1) A litigation guardian for a child or young person must—\n(a) safeguard and represent the interests of the child or young\n\n(b) instruct any independent legal representative (if any) of the child\n(2) Anything that a child or young person is allowed to do in relation to\na review application may be done by the child’s or young person’s\nlitigation guardian.\n(3) Anything that a child or young person is required to do in relation to\na review application must be done by the child’s or young person’s\nlitigation guardian.\n","sortOrder":651},{"sectionNumber":"635V","sectionType":"section","heading":"Removal of litigation guardian","content":"635V Removal of litigation guardian\n(1) This section applies if a child or young person has a litigation\nguardian appointed under section 635T in a review application.\n(2) The ACAT may, on application or on its own initiative—\n(a) remove the litigation guardian; and\n(b) order that the review application be suspended until someone\nelse has been appointed as a replacement litigation guardian.\n(3) An application under subsection (2) may be made by a party to the\nreview application or anyone else.\n","sortOrder":652},{"sectionNumber":"635W","sectionType":"section","heading":"Children and young people not to be compelled to give","content":"635W Children and young people not to be compelled to give\nevidence\n(1) A child or young person must not be compelled to give evidence in a\nreview application.\n(2) Before a child or young person gives evidence in a review application,\nthe ACAT must satisfy itself that the child or young person is willing\nto give the evidence.\n","sortOrder":653},{"sectionNumber":"635X","sectionType":"section","heading":"Questioning children and young people","content":"635X Questioning children and young people\n(1) This section applies to a child or young person giving evidence or\nexpressing their views to the ACAT in relation to a review\n\nMiscellaneous Division 16A.4.4\n(2) The child or young person must not be cross-examined.\n(3) Only the following people may ask questions of the child or young\n(a) the ACAT;\n(b) the legal representative, if any, of the child or young person;\n(c) the litigation guardian, if any, for the child or young person.\n635Y Hearings to be in private\n(1) A hearing of a review application must be held in private.\n(2) A private hearing is taken to be a hearing to which the ACT Civil and\nAdministrative Tribunal Act 2008, section 39 (Hearings in private or\npartly in private) applies.\nNote Requirements for keeping private hearings secret are set out in the\nACT Civil and Administrative Tribunal Act 2008, s 40.\n(3) For the ACT Civil and Administrative Tribunal Act 2008,\nsection 39 (5), the following are additional matters about which the\nACAT may be satisfied in giving directions under section 39 (2) (b)\nor (c):\n(a) because a child or young person is otherwise likely to be\nharmed;\n(b) because the safety of another person is otherwise likely to be\nendangered.\n635Z Non-disclosure of information in notices and statements\n(1) This section applies if a decision-maker is required to give any of the\nfollowing to a person (a relevant document):\n(a) an internal review notice under section 635B;\n\n(b) a reviewable decision notice under section 635G;\n(c) a reasons statement under the ACT Civil and Administrative\nTribunal Act 2008, section 22B in relation to a reviewable\ndecision to which this chapter applies.\n(2) The decision-maker or internal reviewer may withhold the disclosure\nof information from the relevant document if they consider that not\nwithholding the information—\n(a) is likely to result in harm to a child or young person; or\n(b) is likely to endanger the safety of another person; or\n(c) would result in undue interference with the privacy of a child or\nyoung person, or another person.\n(3) A relevant document from which disclosure of information is\nwithheld under subsection (2) must include a statement that—\n(a) the disclosure of certain information has been withheld; and\n(b) the person may apply to the ACAT for access to the withheld\n(4) The person given the relevant document may apply to the ACAT for\naccess to the withheld information.\n(5) The ACAT must give the person access to the withheld information\nunless satisfied that, if access is given—\n(a) a child or young person is likely to be harmed; or\n(b) the safety of another person is likely to be endangered; or\n(c) there would be undue interference with the privacy of a child or\nyoung person, or another person.\n(6) An application may be considered by the ACAT without a hearing.\n\nMiscellaneous Division 16A.4.4\n635ZA Matter before ACAT and court\n(a) a review application is before the ACAT; and\n(b) a proceeding on a care and protection order, that relates to some\nor all of the matters to which the review application relates\n(a related court proceeding), is also before a court.\n(2) The director-general must, on becoming aware of a related court\nproceeding, tell the ACAT—\n(a) that the proceeding is before the court; and\n(b) details of the proceeding.\n(3) The ACAT must, on application or on its own initiative, suspend the\nreview application if it considers the court’s decision in the related\ncourt proceeding would effectively decide the matters to be decided\nby the ACAT in the review application.\n(4) If the matters are effectively decided by the court, the ACAT must\ndismiss the review application.\n(5) If the matters are not decided by the court, the ACAT may cancel the\nsuspension of the review application and continue to deal with the\n(6) In acting under this section, the ACAT may be made up by a\npresidential member alone, but not a non-presidential member alone.\nNote The president of the ACAT is responsible for allocating members to the\nACAT for an application (see ACT Civil and Administrative Tribunal\nAct 2008, s 89).\n635ZB Review of ch 16A\n(1) The Minister must, as soon as practicable 5 years after this section\ncommences—\n(a) review the operation of this chapter; and\n\n(b) present a report of the review to the Legislative Assembly.\n(2) This section expires 6 years after the day it commences.\n\n","sortOrder":654},{"sectionNumber":"Part 17","sectionType":"part","heading":"Care and protection—interstate","content":"Chapter 17 Care and protection—interstate\ntransfer of orders and\n","sortOrder":655},{"sectionNumber":"636","sectionType":"section","heading":"Object of ch 17","content":"636 Object of ch 17\nThe object of this chapter is to provide for the transfer of care and\nprotection orders and proceedings between the ACT and a State or\nbetween the ACT and New Zealand—\n(a) so that children and young people who are in need of protection\nmay be protected despite moving from one jurisdiction to\nanother; and\n(b) to facilitate the timely and expeditious finalisation of court\nproceedings for the protection of a child or young person; and\n(c) to recognise the desirability of orders relating to the care and\nprotection of a child or young person having effect, and being\nenforced, in the jurisdiction where the child or young person\nlives.\n","sortOrder":656},{"sectionNumber":"637","sectionType":"section","heading":"Definitions—ch 17","content":"637 Definitions—ch 17\nchild welfare law—see section 640.\nchild welfare order, for a child or young person—see section 638.\nchild welfare proceeding—see section 639.\ngovernment agency means a government department (however\ndescribed) or statutory authority of the State.\n\ninterim child welfare order—see section 661.\ninterstate law—see section 641.\ninterstate officer—see section 642.\nparticipating State means a State where an interstate law is in force.\nsending State, for a child welfare order or child welfare proceeding,\nmeans the State from which the order or proceeding is transferred\nunder this chapter or an interstate law.\nState includes New Zealand.\nState Childrens Court, of a State, means the court with jurisdiction\nto hear and decide a child welfare proceeding in the State at first\ninstance.\nwelfare body, for a State, means—\n(a) a Minister of the State; or\n(b) a government agency of the State; or\n(c) the chief executive (however described) of a government agency\nof the State; or\n(d) a person who holds another position in, or is employed by, a\ngovernment agency of the State; or\n(e) a statutory office-holder; or\n(f) an organisation, or the chief executive officer (however\ndescribed) of an organisation, in the State.\n\n","sortOrder":657},{"sectionNumber":"638","sectionType":"section","heading":"What is a child welfare order?","content":"638 What is a child welfare order?\nchild welfare order means an order under a child welfare law (other\nthan an interim child welfare order) made in favour of, or giving\nresponsibility to, a welfare body, that—\n(a) provides for the parental responsibility, guardianship or custody\nof a child or young person; or\n(b) provides for supervision of a child or young person; or\n(c) provides for contact with a child or young person; or\n(d) relates to specific things that a person must do or not do that are\ndirectly related to a child’s or young person’s care or protection.\n","sortOrder":658},{"sectionNumber":"639","sectionType":"section","heading":"What is a child welfare proceeding?","content":"639 What is a child welfare proceeding?\nchild welfare proceeding means a proceeding brought in a court\nunder a child welfare law for—\n(a) the making of a child welfare order or an interim child welfare\n(b) the amendment, extension or revocation of a child welfare order\nor an interim child welfare order.\n","sortOrder":659},{"sectionNumber":"640","sectionType":"section","heading":"What is a child welfare law?","content":"640 What is a child welfare law?\nchild welfare law means—\n(a) the care and protection chapters; or\n(b) a law of a State that corresponds to the care and protection\nchapters; or\n\n(c) a law of a State declared by the Minister under subsection (2) to\nbe a child welfare law for this chapter.\n(2) The Minister may declare a law of a State to be a child welfare law\nfor this chapter if satisfied that the law corresponds, or substantially\ncorresponds, to the care and protection chapters.\n","sortOrder":660},{"sectionNumber":"641","sectionType":"section","heading":"What is an interstate law?","content":"641 What is an interstate law?\ninterstate law means—\n(a) a law of a State that corresponds to this chapter; or\n(b) a law declared by the Minister under subsection (2) to be an\ninterstate law for this chapter.\n(2) The Minister may declare a law of a State to be an interstate law for\nthis chapter if satisfied that the law corresponds or substantially\ncorresponds to this chapter.\n","sortOrder":661},{"sectionNumber":"642","sectionType":"section","heading":"Who is an interstate officer?","content":"642 Who is an interstate officer?\ninterstate officer, for a State, means—\n(a) the person holding the position that has the main responsibility,\nunder the child welfare law of the State, for the protection of\nchildren and young people in the State; or\n(b) the holder of a position in the State that is declared by the\nMinister under subsection (2) to be an interstate officer position\nfor the State for this chapter.\n\n(2) The Minister may declare a position in a State to be an interstate\nofficer position for the State for this chapter.\n\nPart 17.2 Interstate transfer of ACT child\nwelfare orders\nDivision 17.2.1 Transfers of orders by\n643 Director-general may transfer child welfare order\n(1) The director-general may transfer a child welfare order (the home\norder) for a child or young person to a participating State if—\n(a) in the director-general’s opinion, a child welfare order to the\nsame or a similar effect as the home order could be made under\nthe child welfare law of the State; and\n(b) the home order is not subject to an appeal to the Supreme Court\nor affected by a proceeding for judicial review; and\n(c) the relevant interstate officer has agreed to the transfer and to\nthe proposed terms of the child welfare order to be transferred\n(the interstate order); and\n(d) if the director-general is satisfied that the child or young person\nis able to understand the proposal to transfer the order—the\ndirector-general has sought and considered the child’s or young\nperson’s views and wishes; and\n(e) anyone whose agreement to the transfer is required under\nsection 645 has agreed.\n(2) The director-general may include in the interstate order any condition\nthat could be included in a child welfare order of that kind made in\nthe relevant participating State.\n(3) In making a decision under subsection (1) (a), the director-general\nmust not take into account the period for which it is possible to make\na child welfare order of that kind in the State.\n\nTransfers of orders by director-general Division 17.2.1\n(4) The period for which an interstate order is to remain in force must be\ndecided by the director-general and stated in the interstate order.\n(5) The period must be—\n(a) if the remaining period of the home order at the date of\nregistration of the interstate order in the participating State is a\nperiod for which an order may be made under the child welfare\nlaw of the State—the remaining period; or\n(b) in any other case—as similar a period as may be made under that\nlaw but not longer than the period of the home order.\n","sortOrder":662},{"sectionNumber":"644","sectionType":"section","heading":"Director-general transfer—considerations","content":"644 Director-general transfer—considerations\nIn deciding whether to transfer a child welfare order for a child or\nyoung person to a participating State, the director-general must have\nregard to—\n(a) the matters mentioned in section 8 (Best interests of children and\nyoung people paramount consideration); and\n(b) the principles set out in section 9 (Principles applying to Act)\nand section 10 (Aboriginal and Torres Strait Islander children\nand young people—placement principles); and\n(c) the care and protection principles; and\n(d) whether the director-general or an interstate officer is in the\nbetter position to exercise powers and responsibilities under a\nchild welfare order for the child or young person; and\n(e) the desirability of a child welfare order being an order under the\nchild welfare law of the State where the child or young person\nlives; and\n(f) the desirability of orders relating to the care and protection of a\nchild or young person having effect, and being enforced, in the\njurisdiction where the child or young person lives; and\n\n(g) any sentencing order (other than a fine) in force in relation to the\nchild or young person or any criminal proceedings pending\nagainst the child or young person in any court.\n","sortOrder":663},{"sectionNumber":"645","sectionType":"section","heading":"Director-general transfer—certain people must agree","content":"645 Director-general transfer—certain people must agree\n(1) For section 643 (1) (e), agreement to the transfer of the order for the\nchild or young person is required from—\n(a) for a young person who is 15 years old or older—the young\n(b) each person who has daily care responsibility or long-term care\nNote Parental responsibility provisions are dealt with in pt 14.6.\n(c) each person who is authorised to decide where or with whom the\nchild or young person must live under a residence provision in a\ncare and protection order; and\n(d) each person who is allowed contact with the child or young\nperson under a contact provision in a care and protection order\nNote Contact provisions are dealt with in pt 14.8.\n(2) If the child or young person lives in a State with a person who has\ndaily care responsibility for the child or young person under a parental\nresponsibility provision in a care and protection order in force for the\nchild or young person—\n(a) it is sufficient if each person required to agree agrees to the child\nor young person living in the State; and\n(b) their agreement to the transfer is not required.\n\nTransfers of orders by director-general Division 17.2.1\n(3) If a relevant person lives in or is intending to live in the relevant\nparticipating State—\n(a) it is sufficient if each other relevant person agrees to the child or\nyoung person living in the State; and\n(b) the agreement of the person to the transfer is not required.\n(4) Also, a person’s agreement is not required if—\n(a) the person cannot be found after reasonable inquiry; or\n(b) the person does not have the capacity to agree to the transfer; or\n(c) for agreement required from the young person—the young\nperson does not have sufficient maturity or developmental\ncapacity to agree to the transfer.\nrelevant person, for a child or young person, means—\n(a) a parent of the child or young person; and\n(b) a person who is authorised to decide where or with whom the\nchild or young person must live under a residence provision in a\ncare and protection order; and\n(c) someone else who has daily care responsibility, or long-term\ncare responsibility, for the child or young person (under a\nparental responsibility provision in a care and protection order\nor otherwise).\n\n","sortOrder":664},{"sectionNumber":"646","sectionType":"section","heading":"Director-general transfer—certain people must be told","content":"646 Director-general transfer—certain people must be told\n(1) This section applies if the director-general decides to transfer a child\nwelfare order for a child or young person to a participating State under\nthis division.\n(2) As soon as practicable, but not later than 3 working days, after the\nday the director-general makes the decision, the director-general must\ngive written notice to the following people about the decision:\n(a) for a decision about a young person—the young person;\n","sortOrder":665},{"sectionNumber":"647","sectionType":"section","heading":"Director-general transfer—limited time for review","content":"647 Director-general transfer—limited time for review\n(1) A proceeding for judicial review of a decision of the director-general\nto transfer a child welfare order to a participating State must be\nstarted, and originating process given to the director-general, not later\nthan 10 working days after the day the director-general decided to\ntransfer the order.\n(2) A proceeding for judicial review must comply with the relevant rules\nof court.\n(3) However, the Supreme Court must not extend the 10 working days\nmentioned in subsection (1).\n(4) The lodging (or filing) and service on the director-general of an\noriginating process mentioned in subsection (1) stays the operation of\nthe decision until the proceeding is determined.\n\nTransfer of orders by Childrens Court Division 17.2.2\n","sortOrder":666},{"sectionNumber":"648","sectionType":"section","heading":"Childrens Court transfer—application","content":"648 Childrens Court transfer—application\ntransferring a child welfare order to a participating State.\n(2) The director-general must give a copy of the application to—\n(a) each person who was a party to the proceeding in which the\noriginal order was made; and\n(c) if the original order is for an Aboriginal or Torres Strait Islander\n","sortOrder":667},{"sectionNumber":"649","sectionType":"section","heading":"Childrens Court transfer—criteria","content":"649 Childrens Court transfer—criteria\nThe Childrens Court may, on application by the director-general,\nmake an order transferring a child welfare order to a participating\nState if—\n(a) the child welfare order is not subject to an appeal to the Supreme\nCourt; and\n(b) the relevant interstate officer has agreed to—\n(i) the transfer; and\n(ii) the proposed terms of the child welfare order.\n\n","sortOrder":668},{"sectionNumber":"650","sectionType":"section","heading":"Childrens Court transfer—interstate orders","content":"650 Childrens Court transfer—interstate orders\n(1) If the Childrens Court decides to transfer a child welfare order (the\nhome order), the kind of child welfare order to be transferred (the\ninterstate order) must be a child welfare order that—\n(a) could be made under the child welfare law of the participating\nState; and\n(b) the court believes to be—\n(i) to the same or a similar effect as the home order; or\n(ii) otherwise in the best interests of the child or young person.\n(2) The Childrens Court may include in the interstate order any condition\nthat could be included in a child welfare order of that kind made in\nthe relevant participating State.\n(3) In deciding under subsection (1) whether an order to the same or a\nsimilar effect as the home order could be made under the child welfare\nlaw of a participating State, the Childrens Court must not take into\naccount the period for which it is possible to make a child welfare\norder of that kind in the State.\n(4) The period for which an interstate order is to remain in force must be\ndecided by the Childrens Court and stated in the interstate order.\n(5) The period must be a period—\n(a) for which a child welfare order of the kind of the interstate order\nmay be made under the child welfare law of the participating\nState; and\n(b) that the Childrens Court considers appropriate.\n\nTransfer of orders by Childrens Court Division 17.2.2\n","sortOrder":669},{"sectionNumber":"651","sectionType":"section","heading":"Childrens Court transfer—considerations","content":"651 Childrens Court transfer—considerations\n(1) In deciding what order to make on an application under this division,\nthe Childrens Court must have regard to—\n(a) the matters mentioned in section 8 (Best interests of children and\nyoung people paramount consideration); and\n(b) the principles set out in section 9 (Principles applying to Act)\nand section 10 (Aboriginal and Torres Strait Islander children\nand young people—placement principles); and\n(c) the care and protection principles; and\n(d) whether the director-general or an interstate officer is in the\nbetter position to exercise powers and responsibilities under a\nchild welfare order for the child or young person; and\n(e) the desirability of a child welfare order being an order under the\nchild welfare law of the State where the child or young person\nlives; and\n(f) the desirability of orders relating to the care and protection of a\nchild or young person having effect, and being enforced, in the\njurisdiction where the child or young person lives; and\n(g) any information given to the Childrens Court by the\ndirector-general or anyone else about any sentencing order\n(other than a fine) in force in relation to the child or young\nperson or any criminal proceedings pending against the child or\nyoung person in any court.\n(2) The Childrens Court may also consider any report prepared by the\ndirector-general relevant to the proposed transfer.\n\n","sortOrder":670},{"sectionNumber":"652","sectionType":"section","heading":"Childrens Court transfer—care plans","content":"652 Childrens Court transfer—care plans\n(1) The Childrens Court may make an order transferring a child welfare\norder to a participating State only if it has received and considered a\ncare plan prepared by the director-general for the child or young\n(2) Unless the Childrens Court orders otherwise, the director-general\nmust provide a copy of the care plan to each person who was a party\nto the proceeding in which the original order was made.\n","sortOrder":671},{"sectionNumber":"653","sectionType":"section","heading":"Childrens Court transfer—appeal applications","content":"653 Childrens Court transfer—appeal applications\n(1) This section applies if the Childrens Court has made a final order\ntransferring a child welfare order to a participating State (the final\norder).\n(2) A party to the application for the order may appeal on a question of\nlaw to the Supreme Court.\n(3) The appeal must be started, and originating process must be given to\nthe director-general, not later than 10 working days after the day the\nfinal order was made.\n(4) The appeal operates as stay of the final order.\n(5) The appeal must comply with the relevant rules of court.\n(6) However, the Supreme Court must not extend the 10 working days\nmentioned in subsection (3).\n","sortOrder":672},{"sectionNumber":"654","sectionType":"section","heading":"Childrens Court transfer—appeals","content":"654 Childrens Court transfer—appeals\n(1) The Supreme Court must hear and decide the appeal as quickly as\npossible.\n(2) After deciding the appeal, the Supreme Court may make any order it\nconsiders appropriate, including an order remitting the case for\nrehearing to the Childrens Court with or without a direction in law.\n\nInterstate registration of ACT orders Division 17.2.3\n(3) An order, other than an order remitting the case for rehearing to the\nChildrens Court, may be enforced as an order of the Supreme Court.\n(4) The Supreme Court may make any interim care and protection order\npending the hearing of the appeal that the Childrens Court has\njurisdiction to make.\n","sortOrder":673},{"sectionNumber":"655","sectionType":"section","heading":"Interstate registration of ACT orders—effect","content":"655 Interstate registration of ACT orders—effect\n(1) A child welfare order made by the Childrens Court under the care and\nprotection chapters for a child or young person ceases to have effect\nwhen an order for the child or young person is registered in a\nparticipating State under an interstate law.\n(2) However, if the registration is revoked in the participating State under\nthe interstate law, the order that ceased to have effect is revived and\nhas effect in accordance with its terms.\n","sortOrder":674},{"sectionNumber":"656","sectionType":"section","heading":"Interstate registration of ACT orders—revocation","content":"656 Interstate registration of ACT orders—revocation\n(1) This section applies if the registrar of the Childrens Court is told\nunder a provision of an interstate law equivalent to section 671 that\nthe registration of an order transferring a child welfare order to a\nparticipating State has been revoked.\n(2) The registrar must tell the director-general about the revocation.\n(3) The director-general must tell the following people about the\nrevocation:\n(a) the child or young person who is the subject of the transferred\norder or proceeding;\n\n(d) the parties to the proceeding in which the decision to transfer the\norder or proceeding was made.\n","sortOrder":675},{"sectionNumber":"657","sectionType":"section","heading":"Interstate registration of ACT orders—Childrens Court file","content":"657 Interstate registration of ACT orders—Childrens Court file\n(1) This section applies if, under this division—\n(a) a child welfare order is transferred to a State Childrens Court—\n(i) by the director-general under division 17.2.1; or\n(ii) by the Childrens Court under division 17.2.2; and\n(b) the transfer decision or an order transferring a child welfare\norder to a participating State is not subject to appeal or review\nor a stay; and\n(c) the time for starting an appeal or seeking a review has ended.\n(2) The registrar of the Childrens Court must give the following things to\nthe State Childrens Court of the participating State:\n(a) all documents filed in the Childrens Court for the child welfare\nproceeding for the child welfare order;\n(b) an extract from any part of the register that relates to the child\nwelfare proceeding for the child welfare order.\n\nPart 17.3 Interstate transfer of ACT child\nwelfare proceedings\n","sortOrder":676},{"sectionNumber":"658","sectionType":"section","heading":"Transfer of ACT proceedings—applications","content":"658 Transfer of ACT proceedings—applications\ntransferring a child welfare proceeding pending in the court to the\nState Childrens Court of a participating State.\n(2) The director-general must give a copy of the application to—\n(a) if the order relates to a young person—the young person; and\n(b) the parents of the child or young person; and\ncare responsibility, for the child or young person; and\n(d) the public advocate; and\n(e) if the order relates to an Aboriginal or Torres Strait Islander\n","sortOrder":677},{"sectionNumber":"659","sectionType":"section","heading":"Transfer of ACT proceedings—criteria","content":"659 Transfer of ACT proceedings—criteria\n(1) The Childrens Court may, on application by the director-general,\nmake an order transferring a child welfare proceeding pending in the\ncourt to the State Childrens Court of a participating State if the\nrelevant interstate officer has agreed to the transfer.\n(2) The proceeding is discontinued in the Childrens Court when the order\nmentioned in subsection (1) is registered in the State Childrens Court\nof the participating State under the interstate law.\n\nPart 17.3 Interstate transfer of ACT child welfare proceedings\n","sortOrder":678},{"sectionNumber":"660","sectionType":"section","heading":"Transfer of ACT proceedings—considerations","content":"660 Transfer of ACT proceedings—considerations\nIn deciding whether to make an order transferring a child welfare\nproceeding pending in the court to the State Childrens Court of a\nparticipating State, the Childrens Court must have regard to—\n(a) whether another proceeding for the child or young person is\npending, or has previously been heard and decided, under the\nchild welfare law in the participating State; and\n(b) where any matter giving rise to the proceeding in the court\nhappened; and\n(c) where any of the following people lives or is likely to live:\n(ii) the parents of the child or young person;\n(iii) each other person who has daily care responsibility, or\n(iv) any other significant people for the child or young person.\n","sortOrder":679},{"sectionNumber":"661","sectionType":"section","heading":"Transfer of ACT proceedings—interim orders","content":"661 Transfer of ACT proceedings—interim orders\n(1) If the Childrens Court makes an order transferring a child welfare\nproceeding pending in the court to the State Childrens Court of a\nparticipating State, the court must also make an interim order (an\ninterim child welfare order) for the care, welfare or development of\n(2) An interim child welfare order may do any of the following:\n(a) give parental responsibility for the child or young person to\nsomeone;\n(b) allow contact between the child or young person and someone\nelse;\n\n(c) give responsibility for the supervision of the child or young\nperson to—\n(i) the interstate officer in the participating State; or\n(ii) someone else in that State to whom responsibility for the\nsupervision of a child or young person could be given\nunder the child welfare law of that State.\n(3) The length of an interim child welfare order—\n(b) must not be longer than 30 days.\n(4) The State Childrens Court of the participating State may amend,\nextend or revoke the interim child welfare order.\n","sortOrder":680},{"sectionNumber":"662","sectionType":"section","heading":"Transfer of ACT proceedings—appeal applications","content":"662 Transfer of ACT proceedings—appeal applications\n(1) This section applies if the Childrens Court has made a final order\ntransferring a child welfare proceeding pending in the court to the\nState Childrens Court of a participating State (the final order).\n(2) A party to the application for the order may appeal on a question of\nlaw to the Supreme Court.\n(3) The appeal must be started, and originating process must be given to\nthe director-general, not later than 10 working days after the day the\nfinal order was made.\n(4) The appeal operates as stay of the final order but not of any interim\nchild welfare order made at the same time as the final order.\n(5) The appeal must comply with the relevant rules of court.\n(6) However, the Supreme Court must not extend the 10 working days\nmentioned in subsection (3).\n\nPart 17.3 Interstate transfer of ACT child welfare proceedings\n","sortOrder":681},{"sectionNumber":"663","sectionType":"section","heading":"Transfer of ACT proceedings—appeals","content":"663 Transfer of ACT proceedings—appeals\n(1) The Supreme Court must hear and decide the appeal as quickly as\npossible.\n(2) After deciding the appeal, the Supreme Court may make any order it\nconsiders appropriate, including an order remitting the case for\nrehearing to the Childrens Court with or without a direction in law.\n(3) An order, other than an order remitting the case for rehearing to the\nChildrens Court, may be enforced as an order of the Supreme Court.\n(4) The Supreme Court may—\n(a) make an order staying the operation of an interim child welfare\norder made at the same time as the appealed order; or\n(b) amend, extend or revoke an interim child welfare order made at\nthe same time as the appealed order; or\n(c) make any interim care and protection order pending the hearing\nof the appeal that the Childrens Court has jurisdiction to make.\n","sortOrder":682},{"sectionNumber":"664","sectionType":"section","heading":"Transfer of ACT proceedings—revocation of registration","content":"664 Transfer of ACT proceedings—revocation of registration\n(1) This section applies if the registrar of the Childrens Court is told\nunder a provision of an interstate law equivalent to section 673 that\nthe registration of an order transferring a child welfare proceeding\npending in the court to the State Childrens Court of a participating\nState has been revoked.\n(2) The registrar must tell the director-general about the revocation.\n(3) The director-general must tell the following people about the\nrevocation:\n(a) the child or young person who is the subject of the transferred\norder or proceeding;\n\n(d) the parties to the proceeding in which the decision to transfer the\norder or proceeding was made.\n","sortOrder":683},{"sectionNumber":"665","sectionType":"section","heading":"Transfer of ACT proceedings—Childrens Court file","content":"665 Transfer of ACT proceedings—Childrens Court file\n(1) This section applies if, under this division—\n(a) a child welfare proceeding is transferred to a State Childrens\nCourt by the Childrens Court under part 17.3 (Interstate transfer\nof ACT child welfare proceedings); and\n(b) the order transferring a child welfare proceeding pending in the\ncourt to the State Childrens Court of a participating State is not\nsubject to appeal or review or a stay; and\n(c) the time for starting an appeal or seeking a review has ended.\n(2) The registrar of the Childrens Court must give the following things to\nthe State Childrens Court of the participating State:\n(a) all documents filed in the Childrens Court for the child welfare\nproceeding;\n(b) an extract from any part of the register that relates to the child\nwelfare proceeding.\n\nPart 17.4 ACT registration of interstate child welfare orders\nPart 17.4 ACT registration of interstate\nchild welfare orders\n666 ACT registration—interstate child welfare orders\n(1) If a child welfare order (an interstate child welfare order) is\ntransferred to the ACT under an interstate law, the director-general\nmust file a copy of the interstate child welfare order in the Childrens\nCourt for registration.\n(2) The director-general must not file an interstate child welfare order if,\nunder the interstate law—\n(a) the decision or order to transfer the interstate child welfare order\nis subject to appeal or review or a stay; or\n(b) the time for instituting an appeal or seeking a review has not\nexpired.\n(3) If the director-general files an interstate child welfare order for\nregistration in the court, the court must register the interstate child\nwelfare order.\n","sortOrder":684},{"sectionNumber":"667","sectionType":"section","heading":"ACT registration of interstate orders—interstate registrar","content":"667 ACT registration of interstate orders—interstate registrar\nIf an interstate child welfare order is registered in the Childrens Court\nunder section 666, the registrar of the court must tell the following\npeople about the registration:\n\nACT registration of interstate child welfare orders Part 17.4\n","sortOrder":685},{"sectionNumber":"668","sectionType":"section","heading":"ACT registration of interstate orders—effect","content":"668 ACT registration of interstate orders—effect\n(1) If an interstate child welfare order is registered in the Childrens Court\nunder section 666—\n(a) the order is for all purposes (except for appeal) a care and\nprotection order of the relevant kind made by the court on the\nday it is registered; and\n(b) the order may be amended, extended or revoked under this Act;\nand\n(c) a contravention of the order may be dealt with under this Act.\n(2) If an interstate interim child welfare order is registered in the\nChildrens Court under section 666—\n(a) the order is for all purposes (except for appeal) an interim care\nand protection order made by the court on the day it is registered;\nand\n(b) the order may be amended, extended or revoked under this Act;\nand\n(c) a contravention of the order may be dealt with under this Act.\n","sortOrder":686},{"sectionNumber":"669","sectionType":"section","heading":"ACT registration of interstate orders—application for","content":"669 ACT registration of interstate orders—application for\n(1) This section applies if an interstate child welfare order for a child is\nregistered in the Childrens Court under section 666.\n(2) Any of the following people may apply to the court for revocation of\nthe registration of the order:\n\nPart 17.4 ACT registration of interstate child welfare orders\n(e) a party to the proceeding in the State Childrens Court in the\nsending State in which the decision to transfer the child welfare\norder was made.\n(3) If a person applies for revocation of registration of the order, the\nregistrar of the court must give a copy of the application to—\n(a) the relevant interstate officer; and\n(b) each person, other than the applicant, who could have made an\n","sortOrder":687},{"sectionNumber":"670","sectionType":"section","heading":"ACT registration of interstate orders—revocation","content":"670 ACT registration of interstate orders—revocation\n(1) The Childrens Court may revoke the registration of an interstate child\nwelfare order registered under section 666 only if satisfied that it was\ninappropriately registered because, under the interstate law—\n(a) the decision of the interstate officer or the order of the State\nChildrens Court of the sending State to transfer the order was\nsubject to appeal or review, or a stay, at the time of registration;\nor\n(b) the time for starting an appeal or seeking a review had not ended.\n(2) If the registration of an interstate child welfare order is revoked, the\nregistrar of the Childrens Court must give the interstate child welfare\norder to the State Childrens Court of the sending State.\n(3) The revocation of the registration of an interstate child welfare order\ndoes not prevent the later re-registration of the order.\n\nACT registration of interstate child welfare orders Part 17.4\n","sortOrder":688},{"sectionNumber":"671","sectionType":"section","heading":"ACT revocation of interstate orders—interstate registrar","content":"671 ACT revocation of interstate orders—interstate registrar\nIf the registration of an interstate child welfare order is revoked under\nsection 670, the registrar of the court must tell the following people\nabout the revocation:\n\nPart 17.5 ACT registration of interstate child welfare proceedings\nPart 17.5 ACT registration of interstate\nchild welfare proceedings\n672 ACT registration—interstate child welfare proceedings\n(1) If a child welfare proceeding is transferred to the ACT under an order\n(an interstate proceedings transfer order) under an interstate law, the\ndirector-general must file a copy of the following documents in the\nChildrens Court for registration:\n(a) the interstate proceedings transfer order;\n(b) any interim child welfare order made at the same time as the\ninterstate proceedings transfer order (the interim order).\n(2) The director-general must not file an interstate proceedings transfer\norder if, under the interstate law—\n(a) the interstate proceedings transfer order or interim order is\nsubject to appeal or review or a stay; or\n(b) the time for instituting an appeal or seeking a review has not\nexpired.\n(3) If the director-general files an interstate proceedings transfer order or\ninterim order for registration in the court, the court must register the\ninterstate proceedings transfer order or interim order.\n","sortOrder":689},{"sectionNumber":"673","sectionType":"section","heading":"ACT registration of interstate proceedings—interstate","content":"673 ACT registration of interstate proceedings—interstate\nregistrar\nIf an interstate proceedings transfer order or interim order is\nregistered in the Childrens Court under section 672, the registrar of\nthe court must tell the following people about the registration:\n\nACT registration of interstate child welfare proceedings Part 17.5\n","sortOrder":690},{"sectionNumber":"674","sectionType":"section","heading":"ACT registration of interstate proceedings—effect","content":"674 ACT registration of interstate proceedings—effect\n(1) If an interstate proceedings transfer order for a proceeding is\nregistered in the Childrens Court under section 672, the proceeding is\ntaken to have been started in the Childrens Court on the day the order\nis registered.\n(2) However, in deciding the proceeding, the court—\n(a) is not bound by a finding of fact made in the proceeding in the\nState Childrens Court of the sending State before its transfer;\nand\n(b) may have regard to the transcript of, or evidence presented in,\nthe proceeding in the State Childrens Court of the sending State\nbefore its transfer.\n","sortOrder":691},{"sectionNumber":"675","sectionType":"section","heading":"ACT registration of interstate proceedings—application","content":"675 ACT registration of interstate proceedings—application\nfor revocation\n(1) This section applies if an interstate proceedings transfer order or\ninterim order for a child is registered in the Childrens Court under\nsection 672.\n(2) Any of the following people may apply to the court for revocation of\nthe registration of the order:\n(e) a party to the proceeding in the State Childrens Court in the\nsending State in which the decision to transfer the interstate\nproceedings transfer order or interim order was made.\n\nPart 17.5 ACT registration of interstate child welfare proceedings\n(3) If a person applies for revocation of registration of the order, the\nregistrar of the court must give a copy of the application to—\n(a) the relevant interstate officer; and\n(b) each person, other than the applicant, who could have made an\n","sortOrder":692},{"sectionNumber":"676","sectionType":"section","heading":"ACT registration of interstate proceedings—revocation","content":"676 ACT registration of interstate proceedings—revocation\n(1) This section applies if an interstate proceedings transfer order or\ninterim order is registered in the Childrens Court under section 672.\n(2) The Childrens Court may revoke the registration of the interstate\nproceedings transfer order or interim order only if satisfied that the\norder was inappropriately registered because, under the interstate\nlaw—\n(a) the order of the State Childrens Court of the sending State to\ntransfer the order was subject to appeal or review, or a stay, at\nthe time of registration; or\n(b) the time for starting an appeal or seeking a review had not ended.\n(3) If the registration of an interstate proceedings transfer order or interim\norder is revoked, the registrar of the Childrens Court must give the\ninterstate proceedings transfer order or interim order to the State\nChildrens Court of the sending State.\n(4) The revocation of the registration of an interstate proceedings transfer\norder or interim order does not prevent the later re-registration of the\n\nACT registration of interstate child welfare proceedings Part 17.5\n","sortOrder":693},{"sectionNumber":"677","sectionType":"section","heading":"ACT registration of interstate proceedings—interstate","content":"677 ACT registration of interstate proceedings—interstate\nregistrar\nIf the registration of an interstate proceedings transfer order or interim\norder is revoked under section 676, the registrar of the court must tell\nthe following people about the revocation:\n\nPart 17.6 Interstate transfer of child welfare orders and proceedings—\nmiscellaneous\nPart 17.6 Interstate transfer of child\nwelfare orders and\nproceedings—miscellaneous\n","sortOrder":694},{"sectionNumber":"678","sectionType":"section","heading":"ACT registration of interstate orders and proceedings—","content":"678 ACT registration of interstate orders and proceedings—\nMaori children and young people\n(a) a child welfare order or child welfare proceeding for a child or\nyoung person is transferred under an interstate law to the ACT\nfrom New Zealand; and\n(b) the child or young person is a Maori child or young person.\n(2) In deciding what finding or order to make in a proceeding for the child\nor young person under this Act, the Childrens Court must have regard\nto the principle that, if practicable, the relationship between the child\nor young person and their family, whanau, hapu, iwi, family groups\nand community group must be maintained and strengthened.\n\nAssistance in carrying out orders etc Part 18.1\n","sortOrder":695},{"sectionNumber":"Part 18","sectionType":"part","heading":"Care and protection—police","content":"Chapter 18 Care and protection—police\nassistance\nNote to ch 18\nA registered family group conference agreement has effect as if it were an order of\nthe Childrens Court and may be enforced accordingly (see s 393).\nPart 18.1 Assistance in carrying out orders\netc\n","sortOrder":696},{"sectionNumber":"679","sectionType":"section","heading":"Police assistance","content":"679 Police assistance\n(1) The director-general may ask the chief police officer for assistance in\ncarrying out any of the following actions (the action):\n(a) an appraisal order;\n(b) a care and protection appraisal;\nNote Care and protection appraisals are dealt with in s 366.\n(c) emergency action;\nNote Emergency action is dealt with in pt 13.1.\n(d) a care and protection assessment;\nNote Care and protection assessments are dealt with in s 367.\n(e) an assessment order;\nNote Assessment orders are dealt with in div 14.3.3.\n(f) an interim care and protection order;\n(g) a care and protection order;\nNote Care and protection orders are dealt with in s 422.\n\nPart 18.1 Assistance in carrying out orders etc\n(h) a protection order;\nNote A protection order is an order under the Family Violence Act 2016\nor the Personal Violence Act 2016 made by the Childrens Court\nunder s 459.\n(i) an interim intensive therapy order;\nNote Interim intensive therapy orders are dealt with in div 16.2.3.\n(j) an intensive therapy order.\nNote Intensive therapy orders are dealt with in pt 16.2.\n(2) The chief police officer must, if asked, give assistance to the\ndirector-general by assigning police officers to assist the\ndirector-general in carrying out the action.\n","sortOrder":697},{"sectionNumber":"680","sectionType":"section","heading":"Police powers","content":"680 Police powers\n(1) A police officer assisting the director-general in carrying out an\naction may do any of the following if authorised by a warrant:\n(a) enter or break into, remain in and search any premises or place;\n(b) seize and remove anything that the police officer believes on\nreasonable grounds may provide evidence relevant to the action;\n(c) take photographs or audio or video recordings, or make\nsketches, of anything relevant to the action;\n(d) require a person who may be able to give information relevant\nto the action to answer a question.\nNote The Legislation Act, s 170 and s 171 deals with the application of the\n(2) However, a police officer may do something mentioned in\nsubsection (1) without a warrant if the police officer believes on\nreasonable grounds that the delay involved in getting a warrant would\nprejudice the action or the safety of a child or young person.\n\nAssistance in carrying out orders etc Part 18.1\n(3) A police officer assisting the director-general in carrying out an\naction may be accompanied by other police officers or authorised\npeople if it is reasonable and necessary.\n","sortOrder":698},{"sectionNumber":"681","sectionType":"section","heading":"Seized things may be kept until matter completed","content":"681 Seized things may be kept until matter completed\nIf something is seized under section 680 (1) (b), the chief police\nofficer or the director-general may keep the thing until the action is\ncompleted and any proceeding arising out of the action is finalised.\n","sortOrder":699},{"sectionNumber":"682","sectionType":"section","heading":"Offence—failure to answer police questions","content":"682 Offence—failure to answer police questions\n(a) the person is required by a police officer under\nsection 680 (1) (d) to answer a question; and\n(b) the person does not take reasonable steps to answer the question.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nNote 2 A person who gives information honestly and without recklessness does\nnot breach professional ethics etc and is protected from civil liability\n(see s 874).\nNote 3 Giving false or misleading information to the police officer is an offence\n(see Criminal Code, s 338).\n\n","sortOrder":700},{"sectionNumber":"683","sectionType":"section","heading":"Safe custody—parental responsibility to director-general","content":"683 Safe custody—parental responsibility to director-general\nIf a child or young person is taken into safe custody under a safe\ncustody warrant, the director-general has daily care responsibility for\nNote If a child or young person is taken into safe custody under a safe custody\nwarrant, the director-general must ensure that the matter is brought before\nthe Childrens Court as soon as practicable, but not later than 1 working\nday, after the day the child or young person is taken into safe custody\n(see s 694).\n","sortOrder":701},{"sectionNumber":"684","sectionType":"section","heading":"What is a safe custody warrant?","content":"684 What is a safe custody warrant?\nsafe custody warrant means a warrant to enter stated premises to take\na child or young person into safe custody.\n","sortOrder":702},{"sectionNumber":"685","sectionType":"section","heading":"Safe custody warrant—application","content":"685 Safe custody warrant—application\n(1) The director-general or a police officer may apply to a magistrate for\na safe custody warrant if the director-general or police officer believes\non reasonable grounds that the criteria for issuing the safe custody\nwarrant are satisfied.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ndirector-general or police officer gives the magistrate all the\ninformation the magistrate requires about the application in the way\nthe magistrate requires.\n\n","sortOrder":703},{"sectionNumber":"686","sectionType":"section","heading":"Safe custody warrant—criteria","content":"686 Safe custody warrant—criteria\n(1) The magistrate may issue a safe custody warrant for a child or young\nperson, for stated premises, if satisfied that—\n(a) any of the following orders are in force for the child or young\n(i) an appraisal order;\n(ii) an interim care and protection order;\nNote Interim care and protection orders are dealt with in s 433.\n(iii) an assessment order;\nNote Assessment orders are dealt with in s 436.\n(iv) a care and protection order;\nNote Care and protection orders are dealt with in s 422.\n(v) a protection order;\nNote A protection order is an order under the Family Violence\nAct 2016 or the Personal Violence Act 2016 made by the\nChildrens Court under s 459.\n(vi) an interim intensive therapy order; and\nNote Interim intensive therapy orders are dealt with in div 16.2.3.\n(vii) an intensive therapy order;\nNote Intensive therapy orders are dealt with in pt 16.2.\n(b) there are reasonable grounds for suspecting that—\n(i) someone has contravened the order; and\n(ii) because of the contravention, the child or young person is\nin danger; and\n(iii) the child or young person is at the premises or may be at\nthe premises within the next 14 days.\n\n(2) The magistrate may also issue a safe custody warrant for a child or\nyoung person, for stated premises, if satisfied that—\n(a) an intensive therapy order, or an interim intensive therapy order,\nis in force for the child or young person; and\n(b) there are reasonable grounds for suspecting that—\n(i) the child or young person is absent without lawful authority\nor excuse from the intensive therapy place where the child\nor young person has been directed to be confined under the\n(ii) the child or young person is at the premises or may be at\nthe premises within the next 14 days.\n","sortOrder":704},{"sectionNumber":"687","sectionType":"section","heading":"Safe custody warrant—content","content":"687 Safe custody warrant—content\n(1) A safe custody warrant must state—\n(a) the name of the child or young person who may be taken into\nsafe custody under the warrant; and\n(b) the order for which the safe custody warrant is issued; and\n(c) that the director-general or police officer may, with any\nnecessary and reasonable assistance and force, enter stated\npremises and exercise the director-general’s or police officer’s\npowers under this part; and\n(d) the hours when the premises may be entered; and\n(e) the date, not later than 14 days after the day the warrant is issued,\nthat the warrant ends; and\n(f) the date that the transfer of daily care responsibility for the child\nor young person to the director-general ends.\n(2) A safe custody warrant may also state the place where the child or\nyoung person is to be placed by the person who executes the warrant.\n\n","sortOrder":705},{"sectionNumber":"688","sectionType":"section","heading":"Safe custody warrant—application made other than in","content":"688 Safe custody warrant—application made other than in\n(1) The director-general or a police officer may apply for a warrant by\nphone, fax, radio or other form of communication if the\ndirector-general or police officer considers it necessary because of\nurgent circumstances.\n(2) Before applying for the warrant, the director-general or police officer\nmust prepare an application stating the grounds on which the warrant\nis sought.\n(3) The director-general or police officer may apply for the warrant\nbefore the application is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the director-general or police officer if it is practicable\nto do so.\n(5) If it is not practicable to provide a written copy to the director-general\nor police officer—\n(a) the magistrate must tell the director-general or police officer—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the director-general or police officer must complete a form of\nwarrant (the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the director-general or police officer, authorises the\nentry and the exercise of the director-general or police officer’s\npowers under this part.\n\n(7) The director-general or police officer must, at the first reasonable\nopportunity, send to the magistrate—\n(a) the sworn application; and\n(b) if the director-general or police officer completed a warrant\nform—the completed warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the director-general or\npolice officer was not authorised by a warrant under this section if—\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":706},{"sectionNumber":"689","sectionType":"section","heading":"Safe custody warrant—announcement before entry","content":"689 Safe custody warrant—announcement before entry\n(1) The director-general or a police officer must, before anyone enters\npremises under a safe custody warrant—\n(a) announce that the director-general or police officer is authorised\nto enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n\n(2) The director-general or police officer is not required to comply with\nsubsection (1) if the director-general or police officer believes on\nreasonable grounds that immediate entry to the premises is required\nto ensure—\n(a) the safety of anyone (including the director-general or police\nofficer or a person assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":707},{"sectionNumber":"690","sectionType":"section","heading":"Safe custody warrant—details of warrant to be given to","content":"690 Safe custody warrant—details of warrant to be given to\noccupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a safe custody\nwarrant is being executed, the director-general or police officer or a\nperson assisting must make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":708},{"sectionNumber":"691","sectionType":"section","heading":"Safe custody warrant—occupier entitled to be present etc","content":"691 Safe custody warrant—occupier entitled to be present etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a safe custody\nwarrant is being executed, the person is entitled to observe the warrant\nbeing executed.\n(2) However, the person is not entitled to observe the warrant being\nexecuted if—\n(a) to do so would impede the execution of the warrant; or\n(b) the person is under arrest, and allowing the person to observe\nthe warrant being executed would interfere with the objectives\nof the warrant.\n(3) This section does not prevent the warrant being executed at 2 or more\nareas of the premises at the same time.\n\n","sortOrder":709},{"sectionNumber":"692","sectionType":"section","heading":"Safe custody warrant—placement of child or young","content":"692 Safe custody warrant—placement of child or young\nA child or young person taken into safe custody under a safe custody\nwarrant must be placed by the person who executed the warrant—\n(a) in the place stated in the warrant; or\n(b) if no place is stated—in a place decided by the director-general.\n","sortOrder":710},{"sectionNumber":"693","sectionType":"section","heading":"Offence—remove child or young person","content":"693 Offence—remove child or young person\n(a) a child or young person has been taken into safe custody and is\nsubject to a safe custody placement; and\n(b) the person removes the child or young person from a place; and\n(c) the removal is in contravention of the safe custody placement;\nand\n(d) the person knows the removal is in contravention of the safe\ncustody placement.\n(2) Strict liability applies to subsection (1) (a).\nsafe custody placement, for a child or young person, means the\nplacement of the child under section 692 (Safe custody warrant—\nplacement of child or young person).\n\n","sortOrder":711},{"sectionNumber":"694","sectionType":"section","heading":"Safe custody—matter must be brought to court promptly","content":"694 Safe custody—matter must be brought to court promptly\n(1) If a child or young person is taken into safe custody under a safe\ncustody warrant, the director-general must ensure that the matter is\nbrought before the Childrens Court as soon as practicable, but not\nlater than 1 working day, after the day the child or young person is\ntaken into safe custody.\nNote A child or young person has a right to take part in a proceeding in a court\nin relation to the child or young person (see Court Procedures Act 2004,\ns 74A).\n(2) When a matter is brought before the Childrens Court under this\nsection, the court may exercise any of its powers in relation to the\nchild or young person including the following:\n(a) making or extending an appraisal order under division 11.2.3;\n(b) making, extending, amending or revoking an interim care and\nprotection order under division 14.3.2;\n(c) making, extending, amending or revoking an assessment order\nunder division 14.3.3;\n(d) making, extending, amending or revoking a care and protection\norder under part 14.5;\n(e) making, extending, amending or revoking an intensive therapy\norder under part 16.2.\n\n","sortOrder":712},{"sectionNumber":"Part 19","sectionType":"part","heading":"Care and protection—","content":"Chapter 19 Care and protection—\nprovisions applying to court\nproceedings under care and\n","sortOrder":713},{"sectionNumber":"695","sectionType":"section","heading":"Application—includes cross-application","content":"695 Application—includes cross-application\napplication includes a cross-application.\n","sortOrder":714},{"sectionNumber":"696","sectionType":"section","heading":"Application—must include statements, documents and","content":"696 Application—must include statements, documents and\nreports\nAn application to a court under the care and protection chapters must\nbe accompanied by the following:\n(a) a written statement of the substance of the oral evidence that the\napplicant intends to present at the hearing of the application;\n(b) a written copy of any document or expert report that the\napplicant intends to rely on at the hearing of the application.\n\nApplications Part 19.1\n","sortOrder":715},{"sectionNumber":"697","sectionType":"section","heading":"Application—statements and reports to be signed etc","content":"697 Application—statements and reports to be signed etc\nUnless otherwise directed by a court, a statement or report prepared\nfor use in a proceeding under the care and protection chapters—\n(a) must be in the form of an affidavit; or\n(b) must—\n(i) be signed and dated by the person making the statement or\nreport; and\n(ii) contain a declaration to the effect that the maker of the\nstatement or report believes it to be true and understands\nthat it may be used in court.\n","sortOrder":716},{"sectionNumber":"698","sectionType":"section","heading":"Application—oral applications","content":"698 Application—oral applications\n(1) A person may, with the leave of the court, make an oral application\nunder this Act for a proceeding before, during or after the hearing of\nthe proceeding.\n(2) Subsection (1) applies despite any requirement about service in this\nAct.\n(3) If an oral application is made, the court must direct the applicant\nabout—\n(a) which (if any) of the requirements for service or notice of the\nmaking of an application are to apply to the oral application and\nhow they are to apply; and\n(b) whether a written application is required; and\n(c) whether service of a written application is required.\n(4) If the court does not give directions under subsection (3) for an oral\napplication, no service is required under this Act.\n\n","sortOrder":717},{"sectionNumber":"699","sectionType":"section","heading":"Application—withdrawal or discontinuance","content":"699 Application—withdrawal or discontinuance\n(1) A person who has applied to a court for an order under the care and\nprotection chapters may withdraw or discontinue the application\nbefore the end of the proceeding by—\n(a) telling, in writing, each person who was given the application;\nand\n(b) filing a notice of withdrawal or discontinuance with the court.\n(2) If another party to the proceeding agrees with the withdrawal or\ndiscontinuance, the notice of withdrawal or discontinuance must have\nthe agreement endorsed on it.\n\n","sortOrder":718},{"sectionNumber":"700","sectionType":"section","heading":"Parties—who are parties to an application?","content":"700 Parties—who are parties to an application?\n(1) The following people are parties to an application under the care and\nprotection chapters:\n(a) the applicant;\n(c) someone given a copy of the application who takes part in the\nproceeding (other than as a witness or representative);\nNote Representation of children and young people is dealt with in the\nCourt Procedures Act 2004, pt 7A (Procedural provisions—\nproceedings involving children).\n(d) someone who is a participant in the proceeding (other than as a\nwitness or representative) who has been—\n(i) asked to attend by the Childrens Court and been joined as\na party to the proceeding; or\n(ii) joined as a party to the proceeding on the person’s own\n(2) However, the public advocate or the Aboriginal and Torres Strait\nIslander children and young people commissioner is a party to a\nproceeding under the care and protection chapters only if the public\nadvocate or the Aboriginal and Torres Strait Islander children and\nyoung people commissioner applies to be joined as a party.\n\n","sortOrder":719},{"sectionNumber":"701","sectionType":"section","heading":"Parties—hearing in party’s or other person’s absence","content":"701 Parties—hearing in party’s or other person’s absence\n(1) If someone makes an application under the care and protection\nchapters, the person may, at the same time, seek the leave of the court\nto have the application heard in the absence of any other party or\nperson who must be given a copy of the application.\nNote For people who must be given copies of applications under the care and\nprotection chapters, see:\n(a) s 379 (Appraisal orders—who must be given application);\n(b) s 427 (Care and protection orders—who must be given\n(c) s 445 (Assessment orders—who must be given application);\n(d) s 541 (Intensive therapy orders—who must be given application).\n(2) The court may give leave only if satisfied that notice of the\napplication to the other party or person would place a child or young\nperson at significant risk of significant harm.\n","sortOrder":720},{"sectionNumber":"702","sectionType":"section","heading":"Parties—failure to attend proceeding","content":"702 Parties—failure to attend proceeding\n(1) This section applies if someone has been given a copy of an\napplication under the care and protection chapters.\n(2) If the person does not attend the proceeding, the court must—\n(a) adjourn the proceeding and make any order about further service\nof the person that the court considers appropriate; or\n(b) make any other order or give any other direction that it considers\nappropriate, including an order or direction that is binding on the\n\n","sortOrder":721},{"sectionNumber":"703","sectionType":"section","heading":"Parties—court may join affected party","content":"703 Parties—court may join affected party\n(2) If the court is satisfied that it should make an order binding on or\naffecting someone who is not a party to the proceeding, the court may\njoin the person as a party to the proceeding.\n(3) However, the court must give the person a reasonable opportunity to\nmake representations to the court about why the order should not be\nmade—\n(a) before making the order; or\n(b) if, because of the urgency of the case it is not possible to do so\nbefore making the order—not later than a reasonable time after\nmaking the order.\n","sortOrder":722},{"sectionNumber":"704","sectionType":"section","heading":"Parties—application to join party","content":"704 Parties—application to join party\n(1) This section applies to a proceeding for a child or young person under\n(2) If someone (the applicant) applies to the court to be joined as a party\nto the proceeding, the court may order the person be joined as a party\nto the proceeding if it considers it appropriate to do so.\n(3) However, if the applicant is the public advocate or the Aboriginal and\nTorres Strait Islander children and young people commissioner, the\ncourt must join the applicant as a party to the proceeding.\n(4) If the applicant has been caring for the child or young person\ncontinuously for 2 years or more, there is a rebuttable presumption\nthat it is appropriate to join the applicant as a party to the proceeding.\n(5) An application may be made orally without notice to the parties to the\nproceeding, but the court must give each party an opportunity to be\nheard on the application before deciding whether to join the applicant\nas a party.\n\n","sortOrder":723},{"sectionNumber":"705","sectionType":"section","heading":"Parties—filed material to be given to joined parties","content":"705 Parties—filed material to be given to joined parties\nIf the court joins a person as a party to a proceeding under section 703\nor section 704—\n(a) the person is entitled to material already filed in the proceeding\nonly if the court directs; and\n(b) the court must direct what material already filed in the\nproceeding must be given to the person, and by whom; and\n(c) the court may make any further orders or give any further\ndirections about the conduct of the proceeding that the court\n","sortOrder":724},{"sectionNumber":"706","sectionType":"section","heading":"Parties—application for removal of party","content":"706 Parties—application for removal of party\n(1) A party to a proceeding under the care and protection chapters (the\napplicant) may apply to the court for an order that another party to\nthe proceeding be removed as a party.\n(2) The applicant must give a copy of the application to the following\npeople before the application is heard by the court:\n(a) each party to the proceeding;\n(c) if the application relates to an Aboriginal or Torres Strait\n","sortOrder":725},{"sectionNumber":"707","sectionType":"section","heading":"Parties—court may remove party","content":"707 Parties—court may remove party\n(1) This section applies if the court is satisfied that a party to a proceeding\nunder the care and protection chapters—\n(a) has been improperly or unnecessarily joined; or\n(b) is no longer a proper or necessary party.\n\n(2) The court may, on application by a party to a proceeding or on its own\ninitiative—\n(a) order that the party is no longer a party; and\n(b) make any other orders or give any other directions for the\nconduct of the proceeding that the court considers appropriate.\n(3) Before making an order under this section, the court must provide\neach party to the proceeding with an opportunity to be heard on the\napplication or motion.\n","sortOrder":726},{"sectionNumber":"708","sectionType":"section","heading":"Parties—notice of address for service","content":"708 Parties—notice of address for service\nA party to a proceeding under the care and protection chapters must\nfile with the court, and give to each other party to the proceeding, a\nwritten statement of the party’s name and address for service of\ndocuments.\n","sortOrder":727},{"sectionNumber":"709","sectionType":"section","heading":"Parties—representation","content":"709 Parties—representation\n(1) A party to a proceeding under the care and protection chapters may\nappear before the court—\n(a) in person; or\n(b) represented by a lawyer; or\n(c) with the leave of the court, represented by someone else.\nNote Representation of children and young people is dealt with in the Court\nProcedures Act 2004, pt 7A (Procedural provisions—proceedings\ninvolving children).\n(2) Also, the director-general may appear before the court by the\ndirector-general’s delegate or someone authorised to appear on the\ndirector-general’s behalf.\n\n(3) If a party to a proceeding under the care and protection chapters (the\nrepresented party) is represented by a lawyer in the proceeding, the\nlawyer must file with the court, and give to each other party to the\nproceeding, a written statement that the lawyer acts for the\nrepresented party and an address in the ACT for service of documents.\n(4) A lawyer may stop representing a party to a proceeding under the care\nand protection chapters only if the lawyer files with the court, and\ngives to each other party to the proceeding, a written statement to that\neffect.\n","sortOrder":728},{"sectionNumber":"710","sectionType":"section","heading":"Exclusion of people from hearings","content":"710 Exclusion of people from hearings\n(1) This section applies to a proceeding for a child or young person under\n(2) The court may order that someone must not be present in the\ncourtroom during all or part of the hearing of the proceeding if the\ncourt considers it appropriate.\n(3) This section applies to everybody including—\n(a) the child or young person; and\n(b) the parents of the child or young person; and\n(c) anyone else who has daily care responsibility, or long-term care\nresponsibility, for the child or young person.\n\nStandard of proof Part 19.3\nPart 19.3 Standard of proof\n","sortOrder":729},{"sectionNumber":"711","sectionType":"section","heading":"Standard of proof","content":"711 Standard of proof\nIn a proceeding under the care and protection chapters, a fact is\nproved if it is proved on the balance of probabilities.\n\n","sortOrder":730},{"sectionNumber":"712","sectionType":"section","heading":"Procedures at hearings to be informal","content":"712 Procedures at hearings to be informal\n(1) A proceeding under the care and protection chapters must be carried\nout as informally and quickly as—\n(a) the requirements of this or any other Act allows; and\n(b) a proper consideration of the matter allows.\n(2) This section does not apply if another provision of this Act provides\notherwise.\n","sortOrder":731},{"sectionNumber":"713","sectionType":"section","heading":"Court may call witnesses","content":"713 Court may call witnesses\n(2) The court may, on its own initiative, call a person as a witness whose\nevidence may, in the court’s opinion, be of assistance to the court.\n","sortOrder":732},{"sectionNumber":"714","sectionType":"section","heading":"Court may summons people to attend","content":"714 Court may summons people to attend\n(1) This section applies if, in a proceeding under the care and protection\nchapters—\n(a) someone must be given an application; and\n(b) the person has been given the application; and\n(c) the person has not attended a hearing for the application.\n(2) If the court considers that the attendance of the person is necessary to\nallow the court to hear and decide the application, the court may do\nany of the following that it considers appropriate to bring about the\nattendance of the person:\n(a) give a direction;\n\nWitnesses and evidence Part 19.4\n(b) issue a summons;\n(c) issue a warrant.\n(3) A summons must include a statement to the effect that—\n(a) if the person does not attend the court, a warrant may be issued\nto bring the person before the court; and\n(b) there is a penalty for not taking all reasonable steps to attend\ncourt in answer to the summons.\n(4) The court may issue a warrant to bring a person before the court if—\n(a) a summons has been given to the person under this section; and\n(b) the person does not attend the court to answer to the summons.\n","sortOrder":733},{"sectionNumber":"715","sectionType":"section","heading":"Child or young person as witness","content":"715 Child or young person as witness\n(1) A child or young person may be called as a witness in a proceeding\nunder the care and protection chapters only with the leave of the court.\n(2) If the court gives leave for a child or young person to be called as a\nwitness, the court may prohibit cross-examination of the child or\nyoung person if satisfied that it is in the best interests of the child or\nyoung person to do so.\n","sortOrder":734},{"sectionNumber":"716","sectionType":"section","heading":"Court not bound by rules of evidence","content":"716 Court not bound by rules of evidence\n(1) In a proceeding under the care and protection chapters, the court—\n(a) is not bound by the rules of evidence; and\n(b) may inform itself of a matter in any way that it considers\n(2) Also, if the court is making, extending, amending or revoking an\norder under the care and protection chapters, the court may—\n(a) admit and act on hearsay evidence; and\n(b) take submissions from someone who is not a party.\n\n","sortOrder":735},{"sectionNumber":"717","sectionType":"section","heading":"Restriction on taking evidence","content":"717 Restriction on taking evidence\nIf it appears to the court to be necessary or convenient for the proper\ndetermination of the matters at issues in a proceeding, the court may\nrestrict the way or the extent to which someone, including a child or\nyoung person, is to be examined or cross-examined for the\nproceeding.\n\n","sortOrder":736},{"sectionNumber":"718","sectionType":"section","heading":"Orders—obligations on people","content":"718 Orders—obligations on people\n(1) A court making an order under the care and protection chapters may\nmake an order imposing an obligation on a person only if the\n(a) agrees to the order being made; or\n(b) has been given an opportunity to be heard about the proposed\n(c) cannot after reasonable inquiry be found.\n(2) The court gives a person an opportunity to be heard about a proposed\norder if the court has directed the person, in writing, to attend the\nproceeding to be heard about the proposed making of an order\n(whether or not the person attends the proceeding).\n","sortOrder":737},{"sectionNumber":"719","sectionType":"section","heading":"Orders—by agreement","content":"719 Orders—by agreement\n(1) The parties to an application under the care and protection chapters\nmay file with the court draft order (the draft consent order) that, if\nmade, would have the agreement of the parties.\n(2) The draft consent order must be signed by—\n(a) each party to the application; and\n(b) each person who will be—\n(i) required to comply with the order; or\n(ii) directly affected by the order.\n\n","sortOrder":738},{"sectionNumber":"720","sectionType":"section","heading":"Orders—must be given to people","content":"720 Orders—must be given to people\nAs soon as practicable after making an order under the care and\nprotection chapters in a proceeding, the court must give a copy of the\norder to—\n(c) if the order relates to an Aboriginal or Torres Strait Islander\nIslander children and young people commissioner; and\n(d) each lawyer representing a party to the proceeding who has,\nbefore the date of the order, filed a notice of address for service;\nand\n(e) if a party to the proceeding is not represented by a lawyer and\nhas, before the date of the order, filed a notice of address for\nservice—the party.\n","sortOrder":739},{"sectionNumber":"721","sectionType":"section","heading":"Residence, contact and specific issues provisions—","content":"721 Residence, contact and specific issues provisions—\ngiving, amending or extending directions\n(1) This section applies to a care and protection order that includes 1 or\nmore of the following:\n(a) a specific issues provision that includes a direction that a stated\n(i) do a stated thing; or\n(ii) not do a stated thing; or\n(iii) comply with a stated condition;\n(b) a contact provision that includes a direction that a stated person\nmust not have contact with the child or young person;\n\n(c) a residence provision that includes a direction—\n(i) that a stated person must not live at the same premises as\nthe child or young person (including that the stated person\nmust stop living at those premises); or\n(ii) that a stated person may live with the child or young person\nonly subject to stated conditions.\n(2) If a court makes, amends or extends the care and protection order, the\ncourt must give a copy of the order or revised order to the following\n(a) the stated person, by personal service on the person;\n(b) the director-general;\n(d) if the order or revised order is for an Aboriginal or Torres Strait\nStrait Islander children and young people commissioner;\n(e) the chief police officer;\n(f) each other person who was a party to the proceeding;\n(g) any other person the court considers appropriate.\n(3) However, if the court considers personal service on the stated person\nis impracticable, the court may give the copy of the order or revised\norder to the stated person in another way.\nNote Under the Legislation Act, s 247, a document may also be served on an\nindividual—\n(a) by sending it by prepaid post, addressed to the individual, to a home\nor business address of the individual; or\n(b) by faxing it to a fax number of the individual; or\n(c) by emailing it to an email address of the individual; or\n(d) by leaving it, addressed to the individual, at a home or business\naddress of the individual with someone who appears to be at least\n16 years old and to live or be employed at the address.\n\n(4) If the court considers it appropriate, the court may direct that a police\nofficer give the copy of the order or revised order to someone.\n(5) If the court directs that a police officer give the copy of the order or\nrevised order to someone, the chief police officer must, if asked by\nthe registrar, arrange for the copy of the order or revised order to be\ngiven by a police officer.\nrevised order means—\n(a) if the order is amended—the order as amended; or\n(b) if the order is extended—the order as extended.\nNote 1 A specific issues provision, a contact provision or a residence provision\nmay be extended, amended or revoked under pt 19.5.\nNote 2 In a proceeding for an appraisal order, a fact is proved if it is proved on\n","sortOrder":740},{"sectionNumber":"722","sectionType":"section","heading":"Orders—statement of reasons","content":"722 Orders—statement of reasons\n(1) This section applies if a court—\n(a) makes an order under the care and protection chapters in a\nproceeding; or\n(b) hears and decides an application for—\n(i) extension of an intensive therapy order under section 564;\nor\n(ii) amendment of an intensive therapy order under\nsection 566; or\n\n(iii) revocation of an intensive therapy order under section 567.\nNote The court must record a written statement of reasons for these\ndecisions (see s 565 and s 573).\n(2) Not later than 28 days after the day the order is made, a party to the\nproceeding may ask the court, in writing, to give the party a statement\nof reasons for making, extending, amending or revoking the order.\n(3) The court must give a written statement of reasons as soon as\npracticable, but not later than 28 days, after the day the court receives\nthe request.\nNote For what must be included in a statement of reasons, see the Legislation\n","sortOrder":741},{"sectionNumber":"723","sectionType":"section","heading":"Orders about service","content":"723 Orders about service\nA court may make the following orders in relation to a proceeding\nunder the care and protection chapters:\n(a) an order dispensing with service of a notice, order or other\ninstrument under the care and protection chapters;\n(b) an order shortening the time for serving a notice, order or other\ninstrument under the care and protection chapters\n\n","sortOrder":742},{"sectionNumber":"724","sectionType":"section","heading":"Costs—parties bear own unless court orders otherwise","content":"724 Costs—parties bear own unless court orders otherwise\n(2) The parties to a proceeding must bear their own costs unless a court\nexercising jurisdiction under this Act orders otherwise.\n","sortOrder":743},{"sectionNumber":"725","sectionType":"section","heading":"Costs—frivolous, vexatious, dishonest application","content":"725 Costs—frivolous, vexatious, dishonest application\n(2) A court exercising jurisdiction under this Act may, on application or\non its own initiative, order the payment of costs in a proceeding if\n(a) an application in the proceeding is frivolous, vexatious or\ndishonest; or\n(b) there are exceptional circumstances that justify the order.\n(3) A person who applies for an order for costs under this section must\ngive a copy of the application to the party from whom the costs are\nsought.\n\nCosts Part 19.6\n","sortOrder":744},{"sectionNumber":"726","sectionType":"section","heading":"Costs—parties bear own costs unless order otherwise","content":"726 Costs—parties bear own costs unless order otherwise\n(2) A court exercising jurisdiction under this Act may, on application or\non its own initiative, order someone’s costs be paid if the hearing of\na proceeding is adjourned because—\n(a) someone else required to attend the hearing did not attend; or\n(b) someone else contravened a direction or order of the court.\n(3) A person who applies for an order for costs under this section must\ngive a copy of the application to the party from whom the costs are\nsought.\n","sortOrder":745},{"sectionNumber":"727","sectionType":"section","heading":"Costs—how court may share costs","content":"727 Costs—how court may share costs\n(1) This section applies if a court exercising jurisdiction under this Act\nhas made an order about costs under section 725 or section 726.\n(2) The court may order costs be paid by or shared between the parties in\nthe way the court orders.\n(3) However, if the Childrens Court makes an order for the payment of\ncosts in a proceeding, the costs allowed are up to 50% of the costs\nthat would be allowed if the proceeding had been heard in the\nSupreme Court.\n\nPart 19.7 Proceedings related to discrimination complaints\nPart 19.7 Proceedings related to\ndiscrimination complaints\n727AA Declaration in relation to discrimination complaint\n(a) a proceeding before a court involves a matter arising under the\ncare and protection chapters; and\n(b) the matter is also the subject of a discrimination complaint made\nby a party to the proceeding in relation to the Discrimination\nAct 1991, section 23C.\n(2) The court may, on application by a party to the proceeding\n(the applicant) or its own initiative, by order make a declaration\n(a conflict declaration) if satisfied that dealing with the\ndiscrimination complaint may interfere with the proceeding.\nNote A declaration suspends the complaint process under the Human Rights\nCommission Act 2005 (see s 52C).\n(3) The applicant must serve notice of the application on each affected\nentity as soon as practicable before the application is made.\n(4) The court may order a party to the proceeding to notify an affected\nentity of the following:\n(a) the outcome of an application;\n(b) the making or revocation of a conflict declaration.\n\nProceedings related to discrimination complaints Part 19.7\naffected entity means—\n(a) the human rights commission; and\n(b) if the discrimination complaint has been referred to\nthe ACAT—the ACAT.\ndiscrimination complaint—see the Human Rights Commission\nAct 2005, section 42 (1) (c).\n727AB Discrimination commissioner may make submission\n(1) The discrimination commissioner may make a submission in an\napplication made under section 727AA with the leave of the court.\n(2) The court may give leave subject to conditions.\n\nChapter 19A Children and Young People\nDeath Review Committee\nPart 19A.1 Establishment and functions of\ncommittee\n727A Establishment of committee\nThe Children and Young People Death Review Committee (the CYP\ndeath review committee) is established.\n","sortOrder":746},{"sectionNumber":"727B","sectionType":"section","heading":"Functions of committee","content":"727B Functions of committee\n(1) The CYP death review committee has the following functions:\n(a) to keep a register of deaths of children and young people under\npart 19A.3;\n(b) to report to the Minister in relation to deaths of children and\nyoung people under part 19A.4;\n(c) to identify patterns and trends in relation to deaths or serious\ninjuries of children, young people and young adults;\n(d) to identify areas requiring further research, by the committee or\nanother entity, that arise from the identified patterns and trends;\n(e) to undertake research that aims to help prevent or reduce the\nlikelihood of deaths or serious injuries of children, young people\nand young adults;\n(f) to make recommendations about legislation, policies, practices\nand services for implementation by the Territory and\nnon-government bodies to help prevent or reduce the likelihood\nof deaths or serious injuries of children, young people and young\nadults;\n\n(g) to monitor the implementation of the committee’s\nrecommendations;\n(h) any other function given to the committee under this chapter.\n(2) The CYP death review committee has no function in relation to\nreviewing the cause of death of a particular child or young person.\nyoung adult means an adult who is younger than 25 years old.\n","sortOrder":747},{"sectionNumber":"727C","sectionType":"section","heading":"Committee members","content":"727C Committee members\nThe CYP death review committee is made up of—\n(b) the children and young people commissioner; and\n(c) the members appointed by the Minister under section 727D; and\n(d) the chair appointed under section 727E.\n","sortOrder":748},{"sectionNumber":"727D","sectionType":"section","heading":"Appointment of committee members","content":"727D Appointment of committee members\n(1) The Minister must appoint at least 8, but not more than 10, members\nto the CYP death review committee.\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n\n(2) The Minister may appoint a person as a member of the committee\nonly if satisfied that the person—\n(a) has qualifications, experience or expertise in 1 or more of the\n(i) psychology;\n(ii) paediatrics;\n(iii) epidemiology;\n(iv) child forensic medicine;\n(v) public health administration;\n(vi) education;\n(vii) engineering and child safety products or systems;\n(viii) working with Aboriginal and Torres Strait Islander\nchildren and young people;\n(ix) social work;\n(x) investigations;\n(xi) mental health;\n(xii) child protection; or\n(xiii) coronial law and practice; or\n(b) has other qualifications, experience or expertise, or membership\nof an organisation, relevant to exercising the functions of a\ncommittee member; or\n(c) is a police officer with experience in working with children and\nyoung people and families; or\n(d) is a public servant working in the administrative unit responsible\nfor the Education Act 2004.\n\n(3) The Minister must ensure that the committee membership represents\na diversity of experience and expertise from the different areas\n(4) The Minister must not appoint someone to the committee under this\nsection unless satisfied that the person is suitable to be a member of\nthe committee.\n(5) In considering whether someone is suitable to be a member of the\ncommittee, the Minister—\n(a) must consider relevant information mentioned in section 65 (1),\ndefinition of suitability information, paragraphs (a), (b) and (c)\nabout the person; and\n(6) The appointment of a member under this section is for not longer than\n3 years.\n(7) The conditions of appointment of a member under this section are the\nconditions stated in the appointment, subject to any determination\nunder the Remuneration Tribunal Act 1995.\n","sortOrder":749},{"sectionNumber":"727E","sectionType":"section","heading":"Appointment of chair of committee","content":"727E Appointment of chair of committee\n(1) The Minister must appoint someone as the chair of the CYP death\nreview committee.\n(2) However, the chair must not be someone who is otherwise a member\nof the CYP death review committee.\n(3) Also, the Minister must not appoint someone unless satisfied that the\n(a) has the expertise or experience to be the chair of the CYP death\nreview committee; and\n(b) is otherwise suitable to be the chair.\n\n(4) In considering whether someone is suitable to be a chair of the CYP\ndeath review committee, the Minister—\n(a) must consider relevant information mentioned in section 65 (1),\ndefinition of suitability information, paragraphs (a), (b) and (c)\nabout the person; and\n(5) The appointment of the chair is for not longer than 3 years.\n(6) The conditions of appointment of the chair are the conditions stated\n727EA Appointment of deputy chair of committee\nThe Minister must appoint a deputy chair of the CYP death review\ncommittee from the members appointed under section 727D.\n","sortOrder":750},{"sectionNumber":"727F","sectionType":"section","heading":"Conflict of interest","content":"727F Conflict of interest\nA member of the CYP death review committee must take all\nreasonable steps to avoid being placed in a position where a conflict\nof interest arises during the exercise of the committee’s functions.\n","sortOrder":751},{"sectionNumber":"727H","sectionType":"section","heading":"Ending member appointments","content":"727H Ending member appointments\nThe Minister may end the appointment of a member of the CYP death\nreview committee appointed under section 727D or the chair—\n(a) for misbehaviour; or\n(b) if the member is convicted, or found guilty, in Australia of an\nindictable offence; or\n(c) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\nan indictable offence; or\n\n(d) if the member is absent from 3 consecutive meetings of the\ncommittee, otherwise than on approved leave; or\n(e) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n","sortOrder":752},{"sectionNumber":"727I","sectionType":"section","heading":"Arrangements for staff","content":"727I Arrangements for staff\nThe head of service must, on request of the CYP death review\ncommittee, arrange with the committee for the committee to use the\nservices of a public servant.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n727IA Appointment of advisers\n(1) The chair of the CYP death review committee may appoint a person\nas an adviser to assist the committee in the exercise of its functions.\n(2) An appointment may be subject to conditions stated in the\nappointment.\n\n","sortOrder":753},{"sectionNumber":"727J","sectionType":"section","heading":"Meetings","content":"727J Meetings\nThe CYP death review committee must meet at least once each year.\n","sortOrder":754},{"sectionNumber":"727K","sectionType":"section","heading":"Presiding member at meetings","content":"727K Presiding member at meetings\n(1) The chair presides at all meetings at which the chair is present.\n(2) If the chair is absent, the deputy chair presides.\n","sortOrder":755},{"sectionNumber":"727L","sectionType":"section","heading":"Quorum at meetings","content":"727L Quorum at meetings\n(1) Business may be carried on at a meeting of the CYP death review\ncommittee only if at least 1/2 of the members (other than the presiding\nmember) are present.\n(2) A member must not be represented at a meeting by anyone else.\n","sortOrder":756},{"sectionNumber":"727M","sectionType":"section","heading":"Voting at meetings","content":"727M Voting at meetings\n(1) At a meeting of the CYP death review committee, each member, other\nthan the presiding member, has a vote on each question to be decided.\n(2) A question is decided by a majority of the votes of the members\npresent and voting.\n(3) Despite subsection (1), if the votes are equal, the presiding member\nhas a deciding vote.\n\n","sortOrder":757},{"sectionNumber":"Part 19A","sectionType":"part","heading":"3 Register of deaths of children","content":"Part 19A.3 Register of deaths of children\nand young people\n","sortOrder":758},{"sectionNumber":"727N","sectionType":"section","heading":"Children and young people deaths register","content":"727N Children and young people deaths register\n(1) The CYP death review committee must keep a register (the children\nand young people deaths register) of—\n(a) the deaths of children and young people that occur in the ACT;\nand\n(b) the deaths that occur outside the ACT of children and young\npeople who normally live in the ACT.\nNote Information in the register is protected information (see ch 25).\n(2) The register must include the following information in relation to the\ndeath of a child or young person that is available to the CYP death\nreview committee:\n(a) the cause of the death of the child or young person;\n(b) the age and sex of the child or young person;\n(c) whether the child or young person is an Aboriginal or Torres\nStrait Islander person;\n(d) whether within 3 years before their death, the child or young\nperson, or a sibling of the child or young person, was the subject\nof a voluntary report or a mandatory report;\n(e) anything else prescribed by regulation.\n(3) The register may contain—\n(a) any other demographic data available to the CYP death review\ncommittee; and\n\nPart 19A.3 Register of deaths of children and young people\n(b) any information about a child or young person, or the\ncircumstances of the child’s or young person’s death, that the\ncommittee considers relevant to exercise its reporting functions\nunder part 19A.4; and\n(c) anything else the committee considers relevant.\n(4) The CYP death review committee—\n(a) must index the deaths on the register according to cause of death\nand age and sex of the children and young people; and\n(b) may also index the deaths in any other way the committee\n","sortOrder":759},{"sectionNumber":"727O","sectionType":"section","heading":"Obtaining information from certain entities","content":"727O Obtaining information from certain entities\n(1) A relevant entity must give the CYP death review committee the\nfollowing information in relation to the death of a child or young\n(a) information required under section 727N (2) to be included on\nthe register;\n(b) other information requested in writing by the committee that the\ncommittee considers is necessary to exercise its functions.\n(2) Information mentioned in subsection (1) (a) must be given within\n3 months after the death of the child or young person.\n(3) Information mentioned in subsection (1) (b) must be given as soon as\npracticable after the request is made.\n(4) A relevant entity is only required to give information under this\nsection that is within the knowledge of the entity because of the\nexercise of its functions.\nrelevant entity means each of the following:\n(a) the chief police officer;\n\n(b) the registrar-general;\n(c) the Coroner’s Court;\n(d) the director-general responsible for administering this Act,\nchapter 10;\n(e) the director-general responsible for administering the Education\nAct 2004, chapter 2;\n(f) the director-general responsible for administering the Health\nAct 1993, part 3;\n(g) a licensed proprietor of a childcare service;\n(h) an entity prescribed by regulation.\n","sortOrder":760},{"sectionNumber":"727P","sectionType":"section","heading":"Exchanging information with corresponding interstate","content":"727P Exchanging information with corresponding interstate\nentities\nThe CYP death review committee may enter into an agreement with\nan entity who exercises a function under a law of a State, that\ncorresponds or substantially corresponds to a function of the\ncommittee, to exchange information relevant to the function.\n","sortOrder":761},{"sectionNumber":"727Q","sectionType":"section","heading":"Power to ask for information, documents and other","content":"727Q Power to ask for information, documents and other\nthings\n(1) This section applies if the CYP death review committee believes on\nreasonable grounds that a person can give information or produce a\ndocument or something else that the committee considers necessary\nto allow it to exercise its functions.\n(2) The CYP death review committee may, by written notice given to the\nperson, require the person to give the information in writing or\nproduce the document or other thing.\nNote Information given or contained in a document or something else produced\nis protected information (see ch 25).\n\nPart 19A.3 Register of deaths of children and young people\n(3) However, the CYP death review committee must not require a family\nmember of a child or young person who has died to give information\nor produce a document or something else in relation to the child or\n(4) The notice must state how, and the time within which, the person must\ncomply with the requirement.\n(5) A person commits an offence if—\n(a) the person is required by a notice under this section to give\ninformation in writing or produce a document or other thing to\nthe CYP death review committee; and\n(b) the person fails to give the information or produce a document\nor other thing to the committee as required.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nNote 2 Giving false information is an offence against the Criminal Code, s 338.\n(6) Subsection (5) does not apply if the person has a reasonable excuse\nfor failing to give the information or produce the document or other\nthing to the CYP death review committee as required.\n","sortOrder":762},{"sectionNumber":"727R","sectionType":"section","heading":"Children and young people deaths register—who may","content":"727R Children and young people deaths register—who may\nhave access?\n(1) The CYP death review committee must ensure that the register is\naccessed only by the following:\n(a) committee members;\n(b) staff mentioned in section 727I;\n(c) advisers appointed under section 727IA;\n(d) someone authorised by the committee to have access to the\nregister.\n\n(2) An authorisation is a notifiable instrument.\n(3) The committee must notify a person who can access the register of\nthe person’s obligations to deal with information on the register in\naccordance with the requirements under chapter 25 (Information\nsecrecy and sharing).\nNote Information on the register is protected information (see ch 25).\n\n","sortOrder":763},{"sectionNumber":"727S","sectionType":"section","heading":"Biennial reporting","content":"727S Biennial reporting\n(1) For each period of 2 calendar years (the reporting period), the CYP\ndeath review committee must report to the Minister about the\nfollowing in relation to the deaths of children and young people\nincluded on the children and young people deaths register during the\nreporting period:\n(a) the number of deaths of children and young people;\n(b) the age and sex of each child or young person who died and\nwhether, within 3 years before their death, the child or young\nperson, or a sibling of the child or young person, was the subject\nof a voluntary report or a mandatory report;\n(c) the patterns or trends (if any) identified in relation to the deaths\nof children and young people—\n(i) generally; and\n(ii) who, within 3 years before their death, were, or had a\nsibling who was, the subject of a voluntary report or a\nmandatory report.\nNote There are restrictions on recording and divulging protected and sensitive\ninformation (see ch 25).\n(2) The CYP death review committee may include in the report—\n(a) its recommendations (if any) about legislation, policies,\npractices and services for implementation by the Territory and\nnon-government bodies to help prevent or reduce the likelihood\nof the death of children and young people; and\n(b) information about the implementation of any previous\nrecommendations of the committee; and\n(c) any other matter it considers relevant.\n\nReporting by committee Part 19A.4\n(3) However, the CYP death review committee must not include in the\nreport any information that would—\n(a) disclose the identity of a child or young person who has died; or\n(b) allow the identity of a child or young person who has died to be\n(4) The Minister must present the report in the Legislative Assembly\nwithin 6 sitting days after the day the report is given to the Minister.\n","sortOrder":764},{"sectionNumber":"727T","sectionType":"section","heading":"Other reports","content":"727T Other reports\n(1) The CYP death review committee may at any time prepare a report\nfor the Minister on any matter arising in connection with the exercise\nof the committee’s functions.\n(2) The CYP death review committee must give the report to the Minister\nand may also give the report to any other Minister who is responsible\nfor a matter dealt with in the report.\n(3) The CYP death review committee must not include in the report any\ninformation that would—\n(a) disclose the identity of a child or young person who has died; or\n(b) allow the identity of a child or young person who has died to be\n(4) The Minister must present the report to the Legislative Assembly\nwithin 6 sitting days after the report is given to the Minister.\n(5) Each Minister who receives a report under subsection (2) must, within\n3 months after receiving it, give information to the CYP death review\ncommittee about any action the Minister has taken, or will take, in\nrelation to the matters raised in the report.\n\n","sortOrder":765},{"sectionNumber":"728","sectionType":"section","heading":"Definitions—Act and ch 20","content":"728 Definitions—Act and ch 20\nchildcare centre—see section 733.\nchildcare service—see section 732.\nfamily day care scheme—see section 734.\ncancellation notice—see section 766.\nchildcare service licence, for a childcare service, means a licence\nunder section 747 (Childcare service licence—decision on\napplication) to operate the childcare service.\nchildcare worker, for a childcare service, means a person who cares\nfor a child for the childcare service.\ncompliance notice—see section 760 (2).\ncompliance suspension notice—see section 761 (2).\ncontrolling person, for a childcare service—see section 736.\nintention to cancel notice—see section 764 (2).\nlicensed childcare service means a childcare service operated by a\nlicensed proprietor for the childcare service.\nlicensed proprietor, of a childcare service, means a proprietor of the\nchildcare service who holds a childcare service licence to operate the\n\nChildcare services—preliminary Part 20.1\nproposed controlling person, for a childcare service, means a person\nwho intends to be a controlling person for the childcare service.\nproposed proprietor, for a childcare service, means a person who\nintends to own or operate the childcare service.\nproprietor, for a childcare service—see section 735.\nresponsible person, for a childcare service—see section 738.\n","sortOrder":766},{"sectionNumber":"729","sectionType":"section","heading":"Objects—ch 20","content":"729 Objects—ch 20\nThe objects of this chapter include—\n(a) providing an effective licensing system for childcare services;\nand\n(b) imposing standards for childcare services.\nNote The Minister may make childcare services standards under s 887.\n","sortOrder":767},{"sectionNumber":"730","sectionType":"section","heading":"Principles—ch 20","content":"730 Principles—ch 20\nIn making a decision or taking action under this chapter for a\nchildcare service, the following childcare services principles should\nbe applied:\n(a) childcare services must provide care that is safe, positive and\nnurturing;\n(b) childcare services must promote the educational, social and\ndevelopmental wellbeing of children.\nNote In making a decision under this chapter for a child or young person, the\ndecision-maker must regard the best interests of the child or young person\nas the paramount consideration (see s 8).\nIn making a decision under this chapter otherwise than for a particular\nchild or young person, the decision-maker must consider the best interests\nof children and young people (see s 8).\n\n","sortOrder":768},{"sectionNumber":"731","sectionType":"section","heading":"Application—ch 20","content":"731 Application—ch 20\n(1) This chapter does not apply to care provided for a child—\n(a) at a playgroup; or\n(b) by an education and care service within the meaning of the\nEducation and Care Services National Law (ACT); or\n(c) in conjunction with a meeting, function or similar activity that\ninvolves a person who has daily care responsibility for the child,\nat the same or adjacent premises (unless provided in conjunction\nwith the person’s usual employment); or\n(d) by a family member (unless provided as part of a family day care\nscheme); or\n(e) by an out-of-home carer with whom the director-general has\nplaced the child or young person under section 512; or\n(f) by a government or non-government school under the Education\nAct 2004, whether provided during or outside school hours; or\n(g) by a person providing home education to the child if the child is\nregistered for home education under the Education Act 2004; or\n(h) that is incidental to the child’s participation in religious\ninstruction, sporting, educational, recreational or cultural events\nor activities; or\n(i) that is incidental to activities by the child as a member, or while\ntraining to become a member, of a club or class sponsored by a\nnon-profit community organisation; or\n(j) while the child is a patient in a hospital, including a day hospital.\nday hospital—see the Health Act 1993, dictionary.\n\nChildcare services—important concepts Part 20.2\n","sortOrder":769},{"sectionNumber":"Part 20","sectionType":"part","heading":"2 Childcare services—important","content":"Part 20.2 Childcare services—important\nconcepts\n","sortOrder":770},{"sectionNumber":"732","sectionType":"section","heading":"What is a childcare service?","content":"732 What is a childcare service?\nchildcare service means—\n(a) a childcare centre; or\n(b) a family day care scheme.\n","sortOrder":771},{"sectionNumber":"733","sectionType":"section","heading":"What is a childcare centre?","content":"733 What is a childcare centre?\nchildcare centre means a service, operated from premises, that\nprovides care—\n(a) for at least the minimum number of children; and\n(b) for payment or other material benefit.\n(2) For this section, when working out how many children care is being\nprovided for by a service operated from premises—\n(a) a child for whom care is provided on an emergency basis, or in\nunexpected or exceptional circumstances, must not be counted\nunless the child is cared for at the premises for 2 or more\nconsecutive days; and\n(b) if a child of a childcare worker is being cared for at the premises,\nthe child must be counted.\nminimum number, of children, means—\n(a) 5 young children; or\n(b) 8 children, if no more than 4 children are young children.\n\nPart 20.2 Childcare services—important concepts\nyoung child means a child who is not yet either—\n(a) attending school as required under the Education Act 2004; or\n(b) registered for home education under the Education Act 2004.\n","sortOrder":772},{"sectionNumber":"734","sectionType":"section","heading":"What is a family day care scheme?","content":"734 What is a family day care scheme?\nfamily day care scheme means a scheme that organises, coordinates\nand monitors home-based care for children.\nhome-based care, for a child, means care provided by a person for\nthe child if—\n(a) the care is provided at a home that is not the child’s home; and\n(b) the care is provided for payment or other material benefit; and\n(c) the person does not have—\n(i) daily care responsibility for the child; or\n(ii) long-term care responsibility for the child.\nExamples—schemes that are not family day care schemes\n1 a scheme that organises, coordinates and monitors nannies\n2 a scheme that organises, coordinates and monitors babysitters\n","sortOrder":773},{"sectionNumber":"735","sectionType":"section","heading":"Who is the proprietor of a childcare service?","content":"735 Who is the proprietor of a childcare service?\nproprietor, of a childcare service, means—\n(a) for a licensed childcare service—the licensed proprietor of the\nchildcare service; or\n\nChildcare services—important concepts Part 20.2\n(b) in any other case—the person who owns or operates the\n","sortOrder":774},{"sectionNumber":"736","sectionType":"section","heading":"Who is a controlling person for a childcare service?","content":"736 Who is a controlling person for a childcare service?\ncontrolling person, for a childcare service, means a person (other\nthan the proprietor if the proprietor is not an individual) who exercises\ncontrol or may exercise control over the childcare service.\n","sortOrder":775},{"sectionNumber":"737","sectionType":"section","heading":"Offence—fail to notify change of controlling person","content":"737 Offence—fail to notify change of controlling person\n(1) A licensed proprietor of a childcare service commits an offence if—\n(a) someone stops being a controlling person for the childcare\nservice; and\n(b) the licensed proprietor does not tell the director-general, in\nwriting, that the person has stopped being a controlling person\nnot later than 30 days after the day the person stops being a\ncontrolling person.\n(2) A licensed proprietor of a childcare service commits an offence if—\n(a) someone becomes a controlling person for the childcare service;\nand\n(b) the licensed proprietor does not tell the director-general, in\nwriting, that the person has become a controlling person not later\nthan 30 days after the day the person becomes a controlling\n(3) An offence against this section is a strict liability offence.\n\nNote to pt 20.3\nAn authorised person may, at any reasonable time, enter premises if a licensed\nchildcare service is operating on the premises or the director-general suspects on\nreasonable grounds that a childcare service is operating on the premises (see s 817).\n","sortOrder":776},{"sectionNumber":"738","sectionType":"section","heading":"Who is a responsible person for a childcare service?","content":"738 Who is a responsible person for a childcare service?\nresponsible person, for a childcare service—each of the following is\na responsible person:\n(a) a proprietor of the childcare service;\n(b) a controlling person for the childcare service;\n(c) a person caring for a child for the childcare service.\nNote A person may be a proprietor or controlling person for a childcare service\nwhether or not the childcare service is a licensed childcare service (see\ns 735 and s 736).\n","sortOrder":777},{"sectionNumber":"739","sectionType":"section","heading":"Offence—fail to protect child from injury","content":"739 Offence—fail to protect child from injury\n(b) does not ensure that reasonable precaution is taken to protect a\nchild being cared for by the service from a hazard likely to cause\ninjury.\n(2) This section does not apply to a person caring for a child for a\nchildcare service if the person is—\n(a) unable to take the precaution; and\n(b) unable to ensure that the precaution is taken by someone else.\n\nChildcare services—offences Part 20.3\n","sortOrder":778},{"sectionNumber":"740","sectionType":"section","heading":"Offence—fail to supervise child","content":"740 Offence—fail to supervise child\n(b) does not take reasonable steps to ensure that a child being cared\nfor by the service is adequately supervised.\n","sortOrder":779},{"sectionNumber":"741","sectionType":"section","heading":"Offence—unreasonably discipline child","content":"741 Offence—unreasonably discipline child\n(b) subjects a child being cared for by the service to unreasonable\ndiscipline.\nunreasonable discipline includes—\n(a) physical punishment; or\n(b) any behaviour management strategy likely to cause emotional or\nphysical harm to a child.\n1 smacking\n2 yelling\n3 using threatening or humiliating language\n\n","sortOrder":780},{"sectionNumber":"742","sectionType":"section","heading":"Offence—fail to maintain buildings, equipment etc","content":"742 Offence—fail to maintain buildings, equipment etc\n(b) does not take reasonable steps to ensure that the buildings,\ngrounds, equipment and furnishings used in operating the\nservice are maintained in a safe, clean and hygienic condition\nand in good repair.\n\nPart 20.4 Childcare services—childcare\nservice licences\nDivision 20.4.1 Childcare service licences—\napplication, eligibility, etc\n743 Childcare service licence—proposed proprietor may\napply\n(1) A proposed proprietor of a childcare service may apply for a childcare\nservice licence to operate the childcare service.\n(b) include complete details of suitability information about—\n(i) the proposed proprietor; and\n(ii) each proposed controlling person for the childcare service.\nNote 1 Suitability information is defined in s 65.\nNote 2 Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n(3) However, subsection (2) (b) (ii) does not apply in relation to a\nproposed controlling person for the childcare service if the person is\nnot known to the proposed proprietor of the childcare service at the\ntime the application is made.\n(4) If subsection (3) applies, the proposed proprietor must give the\ndirector-general complete details of suitability information about the\nproposed controlling person for the childcare service by the later of\n(a) 30 days after the controlling person for the childcare service\nbecomes known to the proposed proprietor;\n(b) 30 days after the application is approved.\n\n","sortOrder":781},{"sectionNumber":"744","sectionType":"section","heading":"Childcare service licence—further information","content":"744 Childcare service licence—further information\nfor a childcare service licence under section 743.\n(2) The director-general may ask the proposed proprietor to give the\ndirector-general more information about—\n(a) the application, including information about the proposed\nproprietor and any proposed controlling person; and\n(b) the premises proposed to be used for operating the childcare\n(3) The director-general may ask the proposed proprietor to allow the\ndirector-general to inspect the premises where the proposed\nproprietor proposes to operate the childcare service.\nNote An authorised person may, at any reasonable time, enter premises if the\ndirector-general has received an application under s 743 and asked the\nproposed proprietor to allow the director-general to inspect the premises\nunder s (3) and the proposed proprietor has agreed to allow the\ndirector-general to inspect the premises (see s 817).\n","sortOrder":782},{"sectionNumber":"745","sectionType":"section","heading":"Childcare service licence—director-general need not","content":"745 Childcare service licence—director-general need not\ndecide if no information or inspection\n(1) This section applies if, under section 744, the director-general asks\nthe proposed proprietor—\n(a) to give the director-general more information but the proposed\nproprietor does not give the director-general the information; or\n(b) to allow the director-general to inspect premises but the\nproposed proprietor does not allow the director-general to\ninspect the premises.\n(2) The director-general need not decide whether the proposed proprietor\nis eligible for a childcare service licence.\n\n","sortOrder":783},{"sectionNumber":"746","sectionType":"section","heading":"Childcare service licence—eligibility","content":"746 Childcare service licence—eligibility\nA proposed proprietor of a childcare service is eligible for a childcare\nservice licence to operate the childcare service only if the\ndirector-general is satisfied that—\n(a) the proposed proprietor is a suitable entity to provide the\n(b) each proposed controlling person for the childcare service is a\nsuitable entity to provide the childcare service; and\n(c) the proposed proprietor complies, and is likely to continue to\ncomply, with the childcare services standards; and\n(d) the premises where the childcare service is to be operated\ncomply with the childcare services standards.\nNote 1 Suitable entities to provide services are dealt with in pt 2.4.\n","sortOrder":784},{"sectionNumber":"747","sectionType":"section","heading":"Childcare service licence—decision on application","content":"747 Childcare service licence—decision on application\nfor a childcare service licence under section 743.\n(2) If the proposed proprietor is eligible under section 746 for a childcare\nservice licence to operate the childcare service, the director-general\nmust give the proposed proprietor a licence to operate the childcare\n(3) If the proposed proprietor is not eligible under section 746 for a\nchildcare service licence to operate the childcare service, the\ndirector-general must refuse to give the proposed proprietor a licence\nto operate the childcare service.\n(4) The director-general must, not later than the required time—\n\n(b) tell the proposed proprietor about the decision on the\n(5) For subsection (4), the required time is the latest of the following:\n(a) if the director-general requires a proposed proprietor or\nproposed controlling person to provide a reference or report\nunder section 68 (2) (a)—30 days after the day the\ndirector-general receives the reference or report;\n(b) if the director-general requires a proposed proprietor or\nproposed controlling person to undergo a test or medical\nexamination under section 68 (2) (b)—30 days after the day the\ndirector-general receives the results of the test or examination;\n(c) if the director-general asks the proposed proprietor to give the\ndirector-general more information under section 744 (2)—\n30 days after the day the director-general receives the\ninformation;\n(d) if the director-general asks the proposed proprietor to allow the\ndirector-general to inspect premises under section 744 (3)—\n30 days after the day the director-general is allowed to inspect\nthe premises;\n(e) in any other case—30 days after the day the director-general\nreceives the application.\n","sortOrder":785},{"sectionNumber":"748","sectionType":"section","heading":"Childcare service licence—content","content":"748 Childcare service licence—content\nA childcare service licence must state—\n(a) the name of the proprietor of the childcare service; and\n(b) the kind of childcare service for which the licence is given; and\n\n(c) the length of the licence; and\n(d) for a licence to operate a childcare centre—\n(i) the premises where the childcare centre may operate; and\n(ii) the maximum number of children that may be cared for at\nthe childcare centre; and\n(iii) the age of the children who may be cared for at the\nchildcare centre.\n","sortOrder":786},{"sectionNumber":"749","sectionType":"section","heading":"Childcare service licence—childcare service standards","content":"749 Childcare service licence—childcare service standards\n(1) A childcare service licence is subject to the condition that the service\nmust be operated in a way that complies with the childcare services\nThe Minister makes a childcare service standard for family day care schemes.\nA licence for a childcare service of that kind is subject to the condition that it is\noperated in a way that complies with the standard.\nNote 1 The Minister may make childcare services standards under s 887.\nNote 2 The Minister may make different standards in relation to different\nchildcare services or different classes of service, and standards that apply\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48.)\nNote 3 An authorised person may, at any reasonable time, enter premises if a\n(2) The director-general may exempt a childcare service from 1 or more\nchildcare service standards (a temporary standards exemption) for a\nreasonable period if the director-general believes on reasonable\n(a) the exemption is not likely to prejudice the safety and\neducational, social and developmental wellbeing of a child or\nchildren being cared for by the service; and\n\n(b) the exemption is not likely to impact on the childcare service’s\npromotion of the educational, social and developmental\nwellbeing of children; and\n(c) the childcare service has taken, or is taking, steps to comply with\nany childcare service standard included in the exemption; and\n(d) the exemption will not result in the proprietor of the childcare\ncentre failing to take all reasonably practicable steps to protect\nthe health, safety and welfare of employees of the childcare\n(3) The director-general may give a childcare service more than\n1 temporary standards exemption from a childcare service standard.\n(4) A temporary standards exemption must not include information that\nidentifies a childcare worker or would allow the identity of a childcare\nworker to be worked out.\n(5) The director-general may extend a temporary standards exemption\nfor a reasonable period if satisfied of the matters mentioned in\nsubsection (2) (a) to (d).\n(6) A temporary standards exemption may be conditional.\n(7) The director-general may revoke a temporary standards exemption at\nany time on reasonable grounds.\n(8) A temporary standards exemption is a notifiable instrument.\n","sortOrder":787},{"sectionNumber":"750","sectionType":"section","heading":"Childcare service licence—length","content":"750 Childcare service licence—length\n(1) The director-general must not give a childcare service licence for\nlonger than 3 years.\n(2) However, if a licensed proprietor of a childcare service has applied\nfor renewal of the licence under section 754, the director-general may\nextend the licence until the application is decided.\n\n","sortOrder":788},{"sectionNumber":"751","sectionType":"section","heading":"Childcare service licence—extensions","content":"751 Childcare service licence—extensions\n(1) If a childcare service licence is shorter than 3 years, the licensed\nproprietor may apply for an extension of the licence.\n(2) If the licensed proprietor would be eligible under section 746\n(Childcare service licence—eligibility) for the licence as extended,\nthe director-general must—\n(a) extend the licence to a total period of not longer than 3 years;\nand\n(b) tell the licensed proprietor, in writing, about the extension.\n(3) If the licensed proprietor would not be eligible under section 746 for\nthe licence as extended, the director-general must—\n(a) refuse to extend the licence; and\n(b) tell the licensed proprietor, in writing, about the refusal.\n(4) The director-general must decide the application, and tell the\nproprietor about the decision, not later than 30 days after the day the\ndirector-general receives the application.\n","sortOrder":789},{"sectionNumber":"752","sectionType":"section","heading":"Childcare service licence—amendment","content":"752 Childcare service licence—amendment\n(1) A licensed proprietor of a childcare service may apply to the\ndirector-general to amend the licence in relation to—\n(a) the premises where the childcare centre may operate; and\n(b) the maximum number of children that may be cared for at the\nchildcare centre; and\n(c) the age of the children who may be cared for at the childcare\ncentre.\n\n(2) The director-general may amend the licence if satisfied that the\nchildcare service can be operated under the amended licence in a way\nthat complies with the childcare service standards.\nNote 1 A childcare service licence is subject to the condition that the service\nmust be operated in a way that complies with the childcare services\n(3) The director-general must decide the application, and tell the\nproprietor about the decision, not later than 30 days after the day the\ndirector-general receives the application.\n","sortOrder":790},{"sectionNumber":"753","sectionType":"section","heading":"Childcare service licence—transfer","content":"753 Childcare service licence—transfer\n(1) The licensed proprietor of a childcare service may apply to the\ndirector-general to transfer the childcare service licence to someone\nelse.\n(2) The director-general may transfer the licence if the person to whom\nthe license is proposed to be transferred would be eligible under this\nchapter for the licence.\n(3) The director-general must, not later than 30 days after the day the\ndirector-general receives the application—\n(b) if the decision is to transfer the licence, decide the date that the\ntransfer takes effect; and\n(c) tell the licensed proprietor about the decision on the application.\n(4) A transfer takes effect on the date decided by the director-general.\n\nChildcare service licences—renewal Division 20.4.2\n","sortOrder":791},{"sectionNumber":"754","sectionType":"section","heading":"Childcare service licence renewal—licensed proprietor","content":"754 Childcare service licence renewal—licensed proprietor\nmay apply\n(1) A licensed proprietor of a childcare service may apply for renewal of\nthe licence.\n(2) The application must be—\n(a) made in writing to the director-general; and\n(b) received by the director-general at least 30 days, but not more\nthan 60 days, before the childcare service licence ends.\n(3) However, the director-general may extend the time for making an\nNote A licensed proprietor may apply to the director-general for the time to be\nextended, and the director-general may extend the time, even though the\ntime has ended (see Legislation Act, s 151C).\n","sortOrder":792},{"sectionNumber":"755","sectionType":"section","heading":"Childcare service licence renewal—further information","content":"755 Childcare service licence renewal—further information\nfor renewal of a childcare service licence under section 754.\n(2) The director-general may ask the licensed proprietor to give the\ndirector-general more information about—\n(a) the application, including information about the licensed\nproprietor and any controlling person; and\n(b) the premises used for operating the childcare service.\n\n(3) The director-general may ask the licensed proprietor to allow the\ndirector-general to inspect the premises where the licensed proprietor\noperates the childcare service.\nNote An authorised person may, at any reasonable time, enter premises if the\ndirector-general has received an application for renewal of a childcare\nservice licence under s 754 and asked the proposed proprietor to allow\nthe director-general to inspect the premises under this section and the\nproposed proprietor has agreed to allow the director-general to inspect\nthe premises (see s 817).\n","sortOrder":793},{"sectionNumber":"756","sectionType":"section","heading":"Childcare service licence renewal—director-general need","content":"756 Childcare service licence renewal—director-general need\nnot decide if no information or inspection\n(1) This section applies if, under section 755, the director-general asks\nthe licensed proprietor—\n(a) to give the director-general more information but the licensed\nproprietor does not give the director-general the information; or\n(b) to allow the director-general to inspect premises but the licensed\nproprietor does not allow the director-general to inspect the\n(2) The director-general need not decide whether the licensed proprietor\nis eligible for renewal of a childcare service licence.\n","sortOrder":794},{"sectionNumber":"757","sectionType":"section","heading":"Childcare service licence renewal—eligibility","content":"757 Childcare service licence renewal—eligibility\n(1) A licensed proprietor of a childcare service is eligible for renewal of\nthe licence only if the director-general is satisfied that the licensed\nproprietor—\n(a) is eligible for a childcare service licence under section 746; and\n\nChildcare service licences—renewal Division 20.4.2\n(b) has complied with the childcare services standards during the\nperiod of the childcare service licence.\nNote 1 The proprietor and each controlling person must tell the director-general\nnot later than 7 days after any of their suitability information changes\n(see s 70).\n(2) For subsection (1) (b), the director-general may take into account—\n(a) any periods of noncompliance, or persistent noncompliance,\nwith the childcare services standards; and\n(b) actions taken to rectify any noncompliance with the child care\nservices standards; and\n(c) the future likelihood of compliance with the childcare service\n","sortOrder":795},{"sectionNumber":"758","sectionType":"section","heading":"Childcare service licence renewal—decision on","content":"758 Childcare service licence renewal—decision on\n(1) This section applies if the director-general receives an application for\nrenewal of a childcare service licence under section 754.\n(2) If the licensed proprietor is eligible under section 757 for renewal of\nthe childcare service licence, the director-general must give the\nlicensed proprietor a new childcare service licence.\n(3) If the licensed proprietor is not eligible under section 757 for renewal\nof the childcare service licence, the director-general must refuse to\nrenew the childcare service licence.\n(4) The director-general must, not later than the required time for an\napplication—\n(b) tell the licensed proprietor about the decision on the application.\n\n(5) For subsection (4), the required time for an application is the latest of\n(a) if the director-general requires the licensed proprietor or a\ncontrolling person to provide a reference or report under\nsection 68 (2) (a)—30 days after the day the director-general\nreceives the reference or report;\n(b) if the director-general requires the licensed proprietor or a\ncontrolling person to undergo a test or medical examination\nunder section 68 (2) (b)—30 days after the day the\ndirector-general receives the results of the test or examination;\n(c) if the director-general asks the licensed proprietor to give the\ndirector-general more information under section 755 (2)—\n30 days after the day the director-general receives the\ninformation;\n(d) if the director-general asks the licensed proprietor, to allow the\ndirector-general to inspect premises under section 755 (3)—\n30 days after the day the director-general is allowed to inspect\nthe premises;\n(e) in any other case—30 days after the day the director-general\nreceives the application.\n\n","sortOrder":796},{"sectionNumber":"Div 20","sectionType":"division","heading":"4.3 Childcare service licences—","content":"Division 20.4.3 Childcare service licences—\nsuspension and cancellation\n","sortOrder":797},{"sectionNumber":"759","sectionType":"section","heading":"Who is an affected child?","content":"759 Who is an affected child?\naffected child, for an event, for a childcare service, includes—\n(a) a child who is being cared for by the childcare service when the\nevent happens; and\n(b) a child who is enrolled at the childcare service, whether or not\nthe child attends the childcare service on the day the event\n","sortOrder":798},{"sectionNumber":"760","sectionType":"section","heading":"Childcare service licence—compliance notices","content":"760 Childcare service licence—compliance notices\ngrounds that the licensed proprietor of a childcare service has\noperated the childcare service in a way that does not comply with this\nchapter or a childcare services standard.\nNote 1 For s (1), the director-general may also give an intention to cancel notice\n(see s 764).\nNote 2 An authorised person may, at any reasonable time, enter premises if a\nNote 3 The Minister may make childcare services standards under s 887.\n(2) The director-general may give a written notice (a compliance notice)\nto the licensed proprietor of the childcare service—\n(a) directing the licensed proprietor to take the steps stated in the\nnotice to comply with the relevant provisions or standard not\nlater than the day stated in the notice; and\n\n(b) telling the licensed proprietor that the licensed proprietor may\nmake a submission, orally or in writing, to the director-general\nabout the notice not later than 7 days after the day the notice is\ngiven to the licensed proprietor.\n(3) If the licensed proprietor does not make a submission in accordance\nwith the compliance notice, the director-general must take reasonable\nchild about the compliance notice.\n(4) If the licensed proprietor makes a submission in accordance with the\ncompliance notice, the director-general must consider the submission\nand must either—\n(a) confirm the compliance notice; or\n(b) amend the compliance notice; or\n(c) revoke the compliance notice.\n(5) After making a decision under subsection (4), the director-general\nmust tell the licensed proprietor about the decision.\n(6) If the licensed proprietor makes a submission in accordance with the\ncompliance notice and the director-general decides to confirm or\namend the compliance notice, the director-general must take\nreasonable steps to tell a person with daily care responsibility for each\naffected child about the compliance notice and the decision to\nconfirm or amend it.\n\n","sortOrder":799},{"sectionNumber":"761","sectionType":"section","heading":"Childcare service licence—suspension for","content":"761 Childcare service licence—suspension for\nnoncompliance\n(a) the director-general gives the licensed proprietor of a childcare\nservice a compliance notice under section 760; and\n(b) the licensed proprietor does not take the steps stated in the notice\nnot later than the day stated in the notice or, if the\ndirector-general allows further time, the further time.\n(2) The director-general may give a written notice (a compliance\nsuspension notice) to the licensed proprietor—\n(a) suspending the childcare service licence starting on the date\nstated in the notice; and\n(b) telling the licensed proprietor that the licensed proprietor may\nmake a submission, in writing, to the director-general about the\nnotice not later than 30 days after the day the notice is given to\nthe licensed proprietor.\n(3) If the director-general gives a compliance suspension notice to the\nlicensed proprietor, the director-general must also take reasonable\nchild about the suspension.\n\n(4) The compliance suspension notice has effect until either—\n(a) the suspension is ended under section 762; or\n(b) the notice is revoked by the director-general by written notice\ngiven to the licensed proprietor.\n","sortOrder":800},{"sectionNumber":"762","sectionType":"section","heading":"Childcare service licence—ending noncompliance","content":"762 Childcare service licence—ending noncompliance\nsuspension\n(a) the director-general gives the licensed proprietor of a childcare\nservice a compliance suspension notice under section 761; and\n(b) the licensed proprietor makes a submission in accordance with\nthe notice.\n(2) The director-general must consider the submission.\n(3) After considering the submission, the director-general may consider\n(a) confirm the suspension and decide the length of the suspension;\nor\n(b) end the suspension.\n(4) The director-general must tell—\n(a) the licensed proprietor about the decision under subsection (3);\nand\n(b) anyone else about the decision who was told under section 761\nabout the suspension.\n\n","sortOrder":801},{"sectionNumber":"763","sectionType":"section","heading":"Childcare service licence—suspension if children unsafe","content":"763 Childcare service licence—suspension if children unsafe\n(a) children being cared for by a licensed childcare service are\nunsafe; and\n(b) the exercise of the director-general’s powers under this section\nis necessary to protect the children.\n(2) The director-general may give a written notice (a safety suspension\nnotice) to the licensed proprietor, immediately suspending the\nchildcare service licence.\n(3) If the director-general gives a safety suspension notice to the licensed\nproprietor, the director-general must also take reasonable steps to tell\na person with daily care responsibility for each affected child about\nthe suspension.\n(4) The safety suspension notice has effect until revoked by the\ndirector-general by written notice given to the licensed proprietor.\n","sortOrder":802},{"sectionNumber":"764","sectionType":"section","heading":"Childcare service licence—notice of intention to cancel","content":"764 Childcare service licence—notice of intention to cancel\n(a) the licensed proprietor of a childcare service is convicted or\nfound guilty of an offence against this Act; or\n\n(b) the director-general believes on reasonable grounds that—\n(i) a childcare service licence was obtained improperly; or\n(ii) the licensed proprietor of a childcare service has operated\nthe childcare service in a way that does not comply with a\nchildcare services standard; or\nNote 1 The Minister may make childcare services standards under\ns 887.\nNote 2 For par (ii), the director-general may instead give a\ncompliance notice (see s 760).\n(iii) the licensed proprietor of a childcare service is not a\nsuitable entity to provide the childcare service; or\n(iv) a controlling person for a childcare service is not a suitable\nentity to provide the childcare service.\n(2) The director-general may give a written notice (an intention to cancel\nnotice) to the licensed proprietor telling the licensed proprietor—\n(a) that the director-general intends to cancel the childcare service\nlicence; and\n(b) the reasons for the intended cancellation; and\n(c) that the licensed proprietor may make a submission, in writing,\nto the director-general about the intended cancellation not later\nthan 21 days after the day the notice is given to the licensed\nproprietor.\n\n(3) If the director-general gives an intention to cancel notice to the\nlicensed proprietor, the director-general must also take reasonable\nchild about the notice.\n","sortOrder":803},{"sectionNumber":"765","sectionType":"section","heading":"Childcare service licence—cancellation","content":"765 Childcare service licence—cancellation\n(1) This section applies if the director-general gives a licensed proprietor\nof a childcare service an intention to cancel notice under section 764.\n(2) If the licensed proprietor makes a submission in accordance with the\nintention to cancel notice, the director-general must consider the\n(3) After considering the submission, the director-general may consider\n(a) cancel the childcare service licence; or\n(b) revoke the intention to cancel notice.\n(4) If the licensed proprietor does not make a submission in accordance\nwith the notice, the director-general must decide to cancel the\nchildcare service licence.\n(5) If the director-general decides to revoke the intention to cancel notice,\nthe director-general must tell the following people about the decision:\n(a) the licensed proprietor;\n(b) anyone else who was told under section 764 (3) about the\nintention to cancel notice.\n\n","sortOrder":804},{"sectionNumber":"766","sectionType":"section","heading":"Childcare service licence—cancellation notice","content":"766 Childcare service licence—cancellation notice\n(1) This section applies if the director-general decides to cancel a\nlicensed proprietor’s childcare service licence.\n(2) The director-general must give a written notice (a cancellation\nnotice) to the licensed proprietor, cancelling the childcare service\nlicence starting on the date stated in the notice (the cancellation date).\n(3) If the director-general gives a cancellation notice to the licensed\nproprietor, the director-general must also take reasonable steps to tell\na person with daily care responsibility for each affected child about\nthe cancellation.\n(4) The cancellation notice must be given to the licensed proprietor at\nleast 7 days before the cancellation date.\n","sortOrder":805},{"sectionNumber":"767","sectionType":"section","heading":"Offence—fail to return cancelled childcare service licence","content":"767 Offence—fail to return cancelled childcare service licence\n(a) the person is a licensed proprietor of a childcare service; and\n(b) the director-general cancels the childcare service licence by\ngiving the licensed proprietor a cancellation notice; and\n(c) the person fails to return the childcare service licence to the\ndirector-general not later than 7 days after the day the\ncancellation notice is given to the person.\n(2) An offence against this section is a strict liability offence.\n\nChildcare service licences—offences Division 20.4.4\n","sortOrder":806},{"sectionNumber":"768","sectionType":"section","heading":"Childcare service licence—identity of childcare workers","content":"768 Childcare service licence—identity of childcare workers\nprotected\nIf the director-general is required to tell a person with daily care\nresponsibility for an affected child about something under this\ndivision, the director-general must not tell the person information\n(a) identifies a person as a childcare worker for a childcare service;\nor\n(b) would allow the identity of a person as a childcare worker for a\nchildcare service to be worked out.\n","sortOrder":807},{"sectionNumber":"769","sectionType":"section","heading":"Offence—operate unlicensed childcare service","content":"769 Offence—operate unlicensed childcare service\n(i) a proprietor of a childcare service; or\n(ii) a controlling person for a childcare service; and\n(b) the proprietor of the childcare service—\n(i) operates the childcare service; and\n(ii) does not hold a childcare service licence to operate the\n\n","sortOrder":808},{"sectionNumber":"770","sectionType":"section","heading":"Offence—advertise unlicensed childcare service","content":"770 Offence—advertise unlicensed childcare service\n(i) a proprietor of a childcare service; or\n(ii) a controlling person for a childcare service; and\n(b) the person publishes an advertisement for the childcare service;\nand\n(c) the proprietor of the childcare service does not hold a childcare\nservice licence to operate the childcare service.\nMaximum penalty: 30 penalty units.\n(2) This section does not apply if—\n(a) a person applies for a childcare service licence to operate a\n(b) the application has not been decided; and\n(c) the person publishes an advertisement for the childcare service;\nand\n(d) the advertisement clearly states that the person does not hold a\nlicence to operate the service.\nadvertisement—\n(a) includes an enrolment form, circular, label, notice and sign; but\n(b) does not include a document published for a feasibility study.\n\nChildcare service licences—offences Division 20.4.4\n","sortOrder":809},{"sectionNumber":"771","sectionType":"section","heading":"Offence—operate childcare service when licence","content":"771 Offence—operate childcare service when licence\nsuspended\n(i) a licensed proprietor of a childcare service; or\n(ii) a controlling person for a licensed childcare service; and\n(b) the childcare service licence is suspended under—\n(i) section 761 (Childcare service licence—suspension for\nnoncompliance); or\n(ii) section 763 (Childcare service licence—suspension if\nchildren unsafe); and\n(c) the licensed proprietor operates the childcare service.\n","sortOrder":810},{"sectionNumber":"772","sectionType":"section","heading":"Offence—operate childcare service in contravention of","content":"772 Offence—operate childcare service in contravention of\nstandards\n(i) a licensed proprietor of a childcare service; or\n(ii) a controlling person for a licensed childcare service; and\n\n(b) the childcare service is operated in a way that does not comply\nwith the childcare services standards.\nNote The Minister may make childcare services standards under s 887.\n(2) This section does not apply if—\n(a) a temporary standards exemption under section 749 (2) is in\nforce for the childcare service; and\n(b) the exemption exempts the childcare service from the operation\nof this section; and\n(c) the proprietor of the childcare service operates the childcare\nservice in accordance with the exemption.\nDivision 20.4.5 Childcare service licences—register,\nassessment and reporting\n","sortOrder":811},{"sectionNumber":"773","sectionType":"section","heading":"Childcare service licence—register","content":"773 Childcare service licence—register\nThe director-general must establish a register of childcare service\nlicences.\n","sortOrder":812},{"sectionNumber":"774","sectionType":"section","heading":"Assessing compliance with childcare services standards","content":"774 Assessing compliance with childcare services standards\n(1) At least once during the period of a childcare service licence, the\ndirector-general must assess the childcare service’s compliance with\nthe childcare services standards.\nlicensed childcare service is operating on the premises (see s 817).\n(2) The Minister may make childcare services assessment requirements.\n\nChildcare service licences—register, assessment and reporting Division 20.4.5\n(3) A childcare services assessment requirement is a disallowable\n(4) An assessment must be carried out in accordance with the childcare\nservices assessment requirements.\n(5) The director-general may ask the licensed proprietor of a childcare\nservice to give the director-general any information about the\nchildcare service reasonably required by the director-general to carry\nout the assessment.\n(6) The licensed proprietor must comply with the request as soon as\n","sortOrder":813},{"sectionNumber":"775","sectionType":"section","heading":"Annual childcare standards report","content":"775 Annual childcare standards report\n(1) The director-general must, for each financial year, prepare a report (a\nchildcare standards report) about the compliance of licensed\nchildcare services with the childcare services standards.\n(2) A childcare standards report must include—\n(a) any temporary standards exemptions under section 749 (2); and\n(b) any compliance notices confirmed or amended under\nsection 760 (4); and\n(c) any compliance suspension notices given under section 761; and\n(d) any safety suspension notices given under section 763 (2); and\n(e) any intention to cancel notices or cancellation notices given\nunder section 765 or section 766; and\n(f) any assessments made by the director-general under section 774\nduring the financial year to which the report relates; and\n\n(g) if no assessment was made by the director-general under\nsection 774 during the financial year to which the report relates\nfor a childcare service—the date the service was last assessed\nand the year the service is to be assessed; and\n(h) any submissions that the director-general is required to include\nunder section 777 in a childcare standards report; and\n(i) if a proprietor, controlling person or childcare worker for a\nchildcare service was found guilty of, or convicted of an offence\nagainst this chapter—details of the offence.\nNote Before including in a childcare standards report information about\na licensed childcare service being operated in a way that does not\ncomply with a childcare services standard, the director-general\nmust consult, and consider submissions by, the licensed proprietor\n(see s 777).\n(3) A childcare standards report is a notifiable instrument.\n(4) A childcare standards report must comply with the childcare\nstandards report requirements.\n(5) A childcare standards report must not include information that—\n(a) identifies a person as a person who made a confidential report;\nor\n(b) would allow a person’s identity as a person who made a\nconfidential report to be worked out; or\n(c) identifies a child; or\n(d) would allow the identity of a child to be worked out; or\n(e) identifies a person as a childcare worker for a childcare service;\nor\n(f) would allow the identity of a person as a childcare worker for a\nchildcare service to be worked out.\n\nChildcare service licences—register, assessment and reporting Division 20.4.5\n","sortOrder":814},{"sectionNumber":"776","sectionType":"section","heading":"Annual childcare standards report—requirements","content":"776 Annual childcare standards report—requirements\n(1) The Minister may make childcare standards report requirements.\n(2) A childcare standards report requirement is a disallowable\n","sortOrder":815},{"sectionNumber":"777","sectionType":"section","heading":"Annual childcare standards report—consultation","content":"777 Annual childcare standards report—consultation\n(1) This section applies if the director-general proposes to include in a\nchildcare standards report information about a licensed childcare\nservice being operated in a way that does not comply with a childcare\nservices standard.\n(2) The director-general must give the licensed proprietor of the childcare\nservice a written notice (a childcare standards report notice)\nstating—\n(a) the director-general’s proposal; and\n(b) that the licensed proprietor may, not later than 30 days after the\nday the notice is given to the licensed proprietor, make a\nsubmission about the proposal to the director-general; and\n(c) that if the proprietor makes a written submission in accordance\nwith the notice, the submission may be included in a childcare\nstandards report.\n(3) A childcare standards report notice must not include information\n(a) identifies a person as a person who made a confidential report;\nor\n(b) would allow a person’s identity as a person who made a\nconfidential report to be worked out.\n\n(4) Before including in a childcare standards report information about a\nchildcare service being operated in a way that does not comply with\na childcare services standard, the director-general must consider any\nsubmission made by the licensed proprietor in accordance with the\nchildcare standards report notice.\n(5) If the director-general decides to include in a childcare standards\nreport information about a licensed childcare service being operated\nin a way that does not comply with a childcare services standard, the\ndirector-general must also include in the report a copy of any written\nsubmission given to the director-general by the licensed proprietor in\naccordance with a childcare standard report notice.\n\nChildcare services—enforcement Part 20.5\nNote to pt 20.5\nOther enforcement provisions apply to this chapter (see ch 23).\n","sortOrder":816},{"sectionNumber":"778","sectionType":"section","heading":"Removal of child in immediate danger","content":"778 Removal of child in immediate danger\n(1) This section applies if the director-general is satisfied that there is an\nimmediate danger to the health or safety of a child being cared for by\na childcare service.\n(2) The director-general may—\n(a) remove the child from the premises where the childcare service\nis operating; and\n(b) also remove from the premises anything reasonably required for\nthe child’s care; and\n(c) arrange for the child to be—\n(i) returned to the care of a person with daily care\nresponsibility for the child; or\n(ii) temporarily cared for by a licensed childcare service.\nExamples—par (b)\n1 the child’s nappies\n2 the child’s food\n3 medication for the child provided by child’s parent\n4 contact details of a person with daily care responsibility for the child\n5 information about the child’s medical conditions\n\n(3) If the director-general arranges for the child to be temporarily cared\nfor by a licensed childcare service, the director-general must take all\nreasonable steps to tell a person with daily care responsibility for the\nchild—\n(a) that the child is being temporarily cared for by a licensed\n(b) the reason for the temporary care; and\n(c) the location of the child.\n(4) If the director-general removes something required for a child’s care\nunder subsection (2) (b), the director-general must take all reasonable\nsteps to ensure that the thing is used for the child’s care and returned\nto its owner when no longer needed.\n\nImportant concepts Part 21.1\n","sortOrder":817},{"sectionNumber":"Part 21","sectionType":"part","heading":"Employment of children and","content":"Chapter 21 Employment of children and\nNotes to ch 21\n","sortOrder":818},{"sectionNumber":"780","sectionType":"section","heading":"Definitions—ch 21","content":"780 Definitions—ch 21\ncontrary to the best interests of a child or young person—see\nsection 782.\neducational institution means a school, college or other educational\ninstitution, whether or not operated by or on behalf of the Territory.\nemployment—see section 781.\nemployment conditions notice—see section 790.\nemployment prohibition notice—see section 788.\nwork experience means the engagement of a child or young person\nwho is under 15 years old by someone if the engagement is—\n(a) arranged by an educational institution where the child or young\nperson is enrolled; and\n(b) part of a work experience program (however described)\nconducted by the educational institution.\n\n","sortOrder":819},{"sectionNumber":"781","sectionType":"section","heading":"When does someone employ a child or young person?","content":"781 When does someone employ a child or young person?\nemployment means—\n(a) performance of work under a contract of service or a contract\nfor services (whether written or unwritten); or\n(b) an apprenticeship, traineeship or other work-related training for\na trade or occupation; or\n(c) work experience, other than work experience as part of a work\nexperience program exempted under section 784.\n(2) In deciding whether something is employment of a child or young\nperson for this chapter, it does not matter whether the child or young\nperson receives payment (however described) or not.\n(3) Taking part in an approved program of compliance testing under the\nTobacco and Other Smoking Products Act 1927, part 6A (Tobacco\ncompliance testing) is not employment for this chapter.\n","sortOrder":820},{"sectionNumber":"782","sectionType":"section","heading":"When is employment contrary to the best interests of a","content":"782 When is employment contrary to the best interests of a\nchild or young person?\nIn this chapter, employment is taken to be contrary to the best\ninterests of a child or young person if—\n(a) for a child or young person under 15 years old who is required\nto attend a school or participate in an education course under the\nEducation Act 2004—it is likely to prejudice the ability of the\nchild or young person to benefit from the education; or\n(b) for a child or young person engaged in education or training—it\nis likely to prejudice the ability of the child or young person to\nbenefit from the education or training; or\n(c) it is otherwise likely to harm the child’s or young person’s\nhealth, safety, personal or social development (including by\nsexual or financial exploitation).\n\nWork experience programs—exemption Part 21.2\nPart 21.2 Work experience programs—\nexemption\n","sortOrder":821},{"sectionNumber":"783","sectionType":"section","heading":"Work experience program—exemption from ch 21","content":"783 Work experience program—exemption from ch 21\n(1) An educational institution may apply for an exemption from the\noperation of this chapter for a work experience program conducted\nby the educational institution.\n(b) include complete details of how the work experience program\ncomplies with the work experience standards.\nNote The Minister may make work experience standards under s 887.\n","sortOrder":822},{"sectionNumber":"784","sectionType":"section","heading":"Work experience program—decision on application","content":"784 Work experience program—decision on application\nfrom an educational institution for an exemption under section 783.\n(2) The director-general may exempt the educational institution in\nrelation to a work experience program only if the director-general\nbelieves on reasonable grounds that the work experience program\ncomplies with, and will continue to comply with, the work experience\n(3) The exemption may be subject to conditions.\n(4) The director-general need not decide the application if the application\ndoes not contain sufficient information to allow the director-general\nto decide it.\n\n","sortOrder":823},{"sectionNumber":"785","sectionType":"section","heading":"Work experience program exemption—further","content":"785 Work experience program exemption—further\n(1) This section applies if the director-general has—\n(a) received an application from an educational institution for an\nexemption under section 783; or\n(b) exempted an educational institution from the operation of this\nchapter in relation to a work experience program under\nsection 784.\n(2) The director-general may, at any time, ask the educational institution\nto give the director-general further information about—\n(a) the application; or\n(b) the work experience program.\n(3) The educational institution must comply with a request as soon as\n","sortOrder":824},{"sectionNumber":"786","sectionType":"section","heading":"Suspension of work experience program exemption","content":"786 Suspension of work experience program exemption\n(1) The director-general may suspend an educational institution’s\nexemption under section 784 if the director-general suspects on\nreasonable grounds that the educational institution has not complied\nwith, or continued to comply with, the work experience standards.\n(2) The director-general may suspend the exemption by—\n(a) giving the educational institution written notice of the\nsuspension, including the director-general’s reasons for\nsuspending the exemption; and\n(b) telling the educational institution that it may make a submission,\nin writing, to the director-general about the suspension not later\nthan 14 days after the day the notice is given to the educational\ninstitution.\n\nWork experience programs—exemption Part 21.2\n(3) A suspension takes effect immediately.\n(4) After the end of 14 days after the director-general gives notice of the\nsuspension, the director-general must—\n(a) consider any submission made by the entity; and\n(i) revoke the suspension; or\n(ii) give the entity notice of the director-general’s intention to\nrevoke the authorisation under section 787.\n","sortOrder":825},{"sectionNumber":"787","sectionType":"section","heading":"Revocation of educational institution’s exemption","content":"787 Revocation of educational institution’s exemption\n(1) The director-general may revoke an educational institution’s\nexemption under section 784 if satisfied that the educational\ninstitution has not complied with, or continued to comply with, the\nwork experience standards.\n(2) Before revoking an exemption under subsection (1), the\n(a) give the educational institution written notice of the\ndirector-general’s intention to revoke the exemption, including\nthe director-general’s reasons; and\n(b) tell the educational institution that it may make a submission, in\nwriting, to the director-general about the notice not later than\n14 days after the day the notice is given to the educational\ninstitution; and\n(c) if the educational institution makes a submission—consider the\n\n(3) This section is in addition to the Legislation Act, section 180 (Power\n\nEmployment of children and young people Part 21.3\nPart 21.3 Employment of children and\nNote Work safety matters are dealt with in the Work Health and Safety\nAct 2011.\n","sortOrder":826},{"sectionNumber":"788","sectionType":"section","heading":"Director-general may prohibit employment","content":"788 Director-general may prohibit employment\nThe director-general may, by written notice given to an employer\n(an employment prohibition notice), prohibit the employer from\nemploying, or continuing to employ, a child or young person named\nin the notice if the director-general believes on reasonable grounds\nthat the employment is, or is likely to be, contrary to the best interests\nof the child or young person.\n","sortOrder":827},{"sectionNumber":"789","sectionType":"section","heading":"Offence—contravene employment prohibition notice","content":"789 Offence—contravene employment prohibition notice\nAn employer commits an offence if—\n(a) the director-general gives the employer an employment\nprohibition notice under section 788; and\n(b) the employer engages in conduct that contravenes the\nemployment prohibition notice.\n\nPart 21.3 Employment of children and young people\n","sortOrder":828},{"sectionNumber":"790","sectionType":"section","heading":"Director-general may state conditions of employment","content":"790 Director-general may state conditions of employment\nThe director-general may, by written notice given to an employer\n(an employment conditions notice), state conditions in relation to the\nemployment of a child or young person named in the notice, that must\nbe complied with to ensure the employment is not contrary to the best\ninterests of the child or young person.\nExamples—conditions\n1 conditions about adequate direct supervision of the young person\n2 conditions about appropriate induction and training\n3 conditions about supply and use of suitable protective clothing\n4 conditions about workplace premises including compliance with any\nregistration or licensing requirement\n5 conditions about availability of grief or trauma counselling at the workplace\n","sortOrder":829},{"sectionNumber":"791","sectionType":"section","heading":"Offence—contravene employment conditions notice","content":"791 Offence—contravene employment conditions notice\nAn employer commits an offence if—\n(a) the director-general gives the employer an employment\nconditions notice under section 790; and\n(b) the employer engages in conduct that contravenes the\nemployment conditions notice.\n","sortOrder":830},{"sectionNumber":"792","sectionType":"section","heading":"Children and young people employment standards","content":"792 Children and young people employment standards\nAn employer of a child or young person must comply with the\nchildren and young people employment standards in relation to the\nNote The Minister may make children and young people standards under s 887.\n\nPart 21.4 Employment of children and\nyoung people under 15 years old\nNote Work safety matters are dealt with in the Work Health and Safety\nAct 2011.\n","sortOrder":831},{"sectionNumber":"793","sectionType":"section","heading":"What is light work?","content":"793 What is light work?\nlight work means work that—\n(a) is not contrary to the best interests of a child or young person;\nand\n(b) is declared by regulation to be light work.\n","sortOrder":832},{"sectionNumber":"794","sectionType":"section","heading":"What is high risk employment?","content":"794 What is high risk employment?\nhigh risk employment means employment declared to be high risk\nemployment under section 798 (1).\n","sortOrder":833},{"sectionNumber":"795","sectionType":"section","heading":"Offence—employment of children and young people","content":"795 Offence—employment of children and young people\nunder 15 years old\n(a) the person employs a child or young person; and\n(b) the child or young person is under 15 years old.\nNote Employment as part of an exempted work experience program is not\nemployment for this chapter (see s 781 (1), def employment, par (c)).\n\n(2) This section is subject to the following sections:\n(a) section 796 (which is about light work);\n(b) section 797 (which is about family businesses).\n","sortOrder":834},{"sectionNumber":"796","sectionType":"section","heading":"Exception to s 795—employment in light work","content":"796 Exception to s 795—employment in light work\n(1) Section 795 (1) does not apply to the employment of a child or young\n(a) the employment is in light work; and\n(b) the child or young person is employed for 10 hours per week or\nless.\n(2) Section 795 (1) does not apply to the employment of a child or young\nperson in light work for more than 10 hours per week if—\n(a) the employment is in light work; and\n(b) the proposed employer has, at least 7 days before the day the\nemployment starts, told the director-general in writing about the\n","sortOrder":835},{"sectionNumber":"797","sectionType":"section","heading":"Exception to s 795—employment in family business","content":"797 Exception to s 795—employment in family business\nSection 795 (1) does not apply to the employment of a child or young\n(a) the employer is—\n(ii) a company of which a parent of the child or young person\nis a director; or\n(iii) a partnership of which a parent of the child or young person\nis a partner; and\n(b) the employment is light work.\n\n","sortOrder":836},{"sectionNumber":"798","sectionType":"section","heading":"Declaration of high risk employment","content":"798 Declaration of high risk employment\n(1) The Minister may declare employment in an industry, occupation or\nactivity to be high risk employment if satisfied that it is likely to harm\na child’s or young person’s health, safety, personal or social\ndevelopment (including by sexual or financial exploitation).\n","sortOrder":837},{"sectionNumber":"799","sectionType":"section","heading":"High risk employment—employer may apply for permit","content":"799 High risk employment—employer may apply for permit\n(1) An employer may apply for a permit to employ a child or young\nperson who is under 15 years old in high risk employment (a high\nrisk employment permit).\n(b) include complete details of—\n(i) the activities that the child or young person will be\nexpected to perform during the proposed employment; and\n(ii) the period of proposed employment; and\n(iii) how the employer proposes to protect the young person’s\nhealth, safety, personal or social development during the\nemployment; and\n(c) be accompanied by written consent to the proposed employment\nof a person with daily care responsibility for the young person.\nNote Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n","sortOrder":838},{"sectionNumber":"800","sectionType":"section","heading":"High risk employment permit—decision on application","content":"800 High risk employment permit—decision on application\nfor a high risk employment permit.\n\n(2) The director-general may issue the permit only if the director-general\nbelieves on reasonable grounds that the proposed employment is not\nlikely to harm the child’s or young person’s health, safety, personal\nor social development (including by sexual or financial exploitation).\n(3) The permit may be subject to conditions about the child’s or young\nperson’s health and safety.\nExamples—conditions\n1 conditions about adequate direct supervision of the young person\n2 conditions about appropriate induction and training\n3 conditions about supply and use of suitable protective clothing\n4 conditions about workplace premises including compliance with any\nregistration or licensing requirement\n5 conditions about availability of grief or trauma counselling at the workplace\n(4) The employer must give a copy of the permit to the person with daily\ncare responsibility who gave consent for section 799 (2) (c) when the\napplication for the permit was made.\n(5) The director-general need not decide the application if the application\ndoes not contain sufficient information to allow the director-general\nto decide it.\n","sortOrder":839},{"sectionNumber":"801","sectionType":"section","heading":"High risk employment permit—further information","content":"801 High risk employment permit—further information\nfrom an employer for a high risk employment permit under\nsection 799 or has issued a high risk employment permit to an\nemployer under section 800.\n(2) The director-general may, at any time, ask the employer to give the\ndirector-general further information about—\n(a) the application; or\n(b) the employment of the child or young person.\n(3) The employer must comply with a request as soon as practicable.\n\n","sortOrder":840},{"sectionNumber":"802","sectionType":"section","heading":"High risk employment permit—content","content":"802 High risk employment permit—content\nA high risk employment permit must state—\n(a) the name of the employer who is to employ the child or young\n(b) the name of the child or young person who is to be employed;\nand\n(c) the location of the premises where the employment is to be\nundertaken; and\n(d) the length of the permit; and\n(e) any conditions to which the permit is subject.\n","sortOrder":841},{"sectionNumber":"803","sectionType":"section","heading":"Offence—employment of child or young person under","content":"803 Offence—employment of child or young person under\n15 years old in high risk employment\n(a) the person employs a child or young person; and\n(b) the employment is in high risk employment; and\n(c) the child or young person is under 15 years old.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n(2) This section does not apply to the employment of a child or young\nperson if the director-general has issued a high risk employment\npermit in relation to the employment of the child or young person.\n","sortOrder":842},{"sectionNumber":"804","sectionType":"section","heading":"Offence—contravene condition of permit","content":"804 Offence—contravene condition of permit\n(a) the director-general has issued a high risk employment permit\nunder section 800; and\n(b) the permit is conditional; and\n\n(c) the person engages in conduct that contravenes a condition of\nthe permit.\n\n","sortOrder":843},{"sectionNumber":"Part 22","sectionType":"part","heading":"Research involving children","content":"Chapter 22 Research involving children\nand young people\n","sortOrder":844},{"sectionNumber":"805","sectionType":"section","heading":"Definitions—ch 22","content":"805 Definitions—ch 22\napproved research project means a research project approved under\nsection 807 (1).\nethics committee means a committee approved under section 810 as\nan ethics committee.\nresearcher, for a research project, means the person or entity carrying\nout, or proposing to carry out, the research project.\nresearch project—see section 806.\n","sortOrder":845},{"sectionNumber":"806","sectionType":"section","heading":"What is a research project?","content":"806 What is a research project?\nresearch project means a research project by an entity (the\nresearcher) that involves—\n(a) the director-general giving the researcher protected information\n(including sensitive information) about a child or young person;\nor\nNote 1 The director-general may give protected information to a\nresearcher for an approved project (see s 855).\nNote 2 Protected information is defined in s 844. Sensitive information\nis defined in s 845.\n\nChapter 22 Research involving children and young people\n(b) the researcher recruiting a person through the director-general\nto take part in the project if—\n(i) the person is a child or young person who is the subject of\na proceeding under this Act; or\n(ii) the person is a child or young person for whom a care and\nprotection order is in force; or\n(iii) the person is a child or young person the subject of a\nvoluntary report or a mandatory report; or\n(iv) the person is a child or young person for whom the\ndirector-general has parental responsibility; or\n(v) the person is a young detainee; or\n(c) the researcher recruiting a person who exercises a function\nunder this Act; or\n(d) the researcher conducting the research project at a place of care,\na detention place or an intensive therapy place.\n(2) However, a research project does not include—\n(a) the director-general giving the researcher protected information\n(including sensitive information) about a child or young person\nin a form that does not identify an individual or allow an\nindividual’s identity to be worked out (including a person who\nmade a voluntary report or mandatory report); or\n(b) an activity conducted by the director-general that would\nreasonably be considered to be a quality assurance exercise or\nan audit.\n\n","sortOrder":846},{"sectionNumber":"807","sectionType":"section","heading":"Approval of research projects—generally","content":"807 Approval of research projects—generally\n(1) The director-general may approve a research project.\n(2) However, the director-general may approve a research project only\nif—\n(a) the director-general is satisfied the project complies with or is\nlikely to comply with the research standards; and\n(b) if the project involves a child or young person taking part in the\nproject—the director-general has approved the project under\nsection 809.\n(3) In deciding whether to approve a research project, the\ndirector-general may have regard to a recommendation made by an\nethics committee approved by the Minister under section 810.\n","sortOrder":847},{"sectionNumber":"808","sectionType":"section","heading":"Research standards—certain matters to be covered","content":"808 Research standards—certain matters to be covered\n(1) If a child or young person is to take part in a research project, the\nresearch standards must—\n(a) ensure that the safety and wellbeing of the child or young person\nis paramount; and\n(b) appropriately protect the child’s or young person’s health, safety\nand personal and social development; and\n(c) allow the child or young person to stop taking part in the project\nat any time; and\n(d) ensure that the child’s or young person’s identity as a participant\nin the project is protected; and\n(e) comply with anything else prescribed by regulation.\nNote The Minister may make research standards under s 887.\n(2) If the director-general is to give a researcher protected information\nabout a child or young person for a research project, the research\nstandards must ensure that the secrecy of the information is protected.\n\nChapter 22 Research involving children and young people\n","sortOrder":848},{"sectionNumber":"809","sectionType":"section","heading":"Approval of research projects—child or young person to","content":"809 Approval of research projects—child or young person to\ntake part\n(1) This section applies if the director-general is deciding whether to\napprove a research project that involves a child or young person\ntaking part in the project.\n(2) The director-general may approve the research project only if\n(a) the researcher is a suitable entity to have contact with children\nor young people in the way proposed in the project; and\n(b) any other person who is to have contact with children or young\npeople for the project is a suitable entity to have contact with\nchildren or young people in the way proposed in the project.\n(3) If the director-general approves a research project that involves a\nchild or young person, the researcher must—\n(a) seek the written consent, for the child or young person to take\npart in the research project, of—\n(i) the child or young person (if the child or young person has\nsufficient developmental capacity to give consent); or\n(ii) a person with daily care responsibility for the child or\n(b) tell the child or young person that—\n(i) the child or young person can refuse consent; and\n(ii) if consent is given, the child or young person can stop\ntaking part in the project at any time.\n\n","sortOrder":849},{"sectionNumber":"810","sectionType":"section","heading":"Approval of ethics committees","content":"810 Approval of ethics committees\n(1) The Minister may approve a stated committee as an ethics committee\nfor this chapter.\n(2) An approval is a notifiable instrument.\n","sortOrder":850},{"sectionNumber":"811","sectionType":"section","heading":"Offence—researcher contravene approved standards","content":"811 Offence—researcher contravene approved standards\n(a) is a researcher for an approved research project; and\n(b) carries out the approved research project in a way that does not\ncomply with the research standards.\n\nNotes to ch 23\nThe decision-maker must, where practicable and appropriate, have suitable\nqualifications, experience or skills to make decisions in relation to children and\nyoung people (see s 9).\n","sortOrder":851},{"sectionNumber":"812","sectionType":"section","heading":"Definitions—ch 23","content":"812 Definitions—ch 23\nauthorised person—see section 26.\nNote If the director-general delegates the functions under this chapter the\ndelegate is an authorised person and must be given an identity card (see\ns 26).\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used to commit\nthe offence.\n\nGeneral Part 23.1\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\n\n","sortOrder":852},{"sectionNumber":"813","sectionType":"section","heading":"Power to enter premises—general","content":"813 Power to enter premises—general\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) enter premises in accordance with a search warrant.\n(2) The authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(3) To remove any doubt, the authorised person may enter premises\nunder subsection (1) without payment of an entry fee or other charge.\n(4) However, subsection (1) does not authorise entry into a part of\npremises that is being used only for residential purposes.\nat any reasonable time includes at any time when the public is\nentitled to use the premises, or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":853},{"sectionNumber":"814","sectionType":"section","heading":"Power to enter premises—ch 13 (Care and protection—","content":"814 Power to enter premises—ch 13 (Care and protection—\nemergency situations)\n(1) For this Act, an authorised person or police officer may, at any time,\nenter premises if—\n(a) the authorised person or police officer believes on reasonable\ngrounds that a child or young person at the premises is in need\nof emergency care and protection; and\nNote In need of emergency care and protection is defined in s 403.\n\n(b) the purpose of the entry is for the authorised person or police\nofficer to take emergency action for the child or young person\nunder section 406.\nNote Emergency action is defined in s 405.\n(2) The authorised person or police officer may use reasonable and\nnecessary force to enter the premises to safeguard the wellbeing of\n(3) This section is additional to section 813.\n","sortOrder":854},{"sectionNumber":"815","sectionType":"section","heading":"Power to enter premises—ch 15 (Care and Protection—","content":"815 Power to enter premises—ch 15 (Care and Protection—\ndirector-general has aspect of parental responsibility)\npremises where a child or young person is living if—\n(a) the director-general has placed the child or young person with\nan out-of-home carer under section 512; and\n(b) the purpose of the entry is to ensure that the child or young\nperson is being properly cared for.\n(2) For this Act, an authorised person may also, at any reasonable time,\nenter a place operated by a residential care service if—\n(a) the Minister—\n(i) is deciding whether to approve the place as a place of care\nunder section 525; and\n(ii) has asked the residential care service to allow the\ndirector-general to inspect the place; and\n(b) the residential care service has agreed to allow the\ndirector-general to inspect the place.\nNote If the residential care service does not allow the director-general to\ninspect the place, the Minister need not decide whether to approve\nthe place as a place of care (see s 525).\n\n(3) This section is additional to section 813.\nNote An official visitor also inspects places of care and handles complaints\n","sortOrder":855},{"sectionNumber":"816","sectionType":"section","heading":"Power to enter premises—ch 16 (Care and protection—","content":"816 Power to enter premises—ch 16 (Care and protection—\nintensive therapy for children and young people)\nan intensive therapy place for which the operating entity is not the\n(2) For this Act, an authorised person may also, at any reasonable time,\nenter any place for which the operating entity is not the\ndirector-general if—\n(a) the Minister—\n(i) is deciding whether to declare the place as an intensive\ntherapy place under section 589; and\n(ii) has asked the operating entity to allow the director-general\nto inspect the place; and\n(b) the operating entity for the place has agreed to allow the\ndirector-general to inspect the place.\n(3) However, subsection (1) authorises entry into a part of premises used\nfor residential purposes only if the part of the premises is used to\noperate the intensive therapy place.\n(4) This section is additional to section 813.\n\n","sortOrder":856},{"sectionNumber":"817","sectionType":"section","heading":"Power to enter premises—ch 20 (Childcare services)","content":"817 Power to enter premises—ch 20 (Childcare services)\npremises if—\n(a) the director-general has—\n(i) received an application for a childcare service licence\nunder section 743 and has asked the proposed proprietor to\nallow the director-general to inspect the premises where\nthe proposed proprietor proposes to operate the childcare\nservice under section 744; or\n(ii) received an application for renewal of a childcare service\nlicence under section 754 and has asked the proposed\nproprietor to allow the director-general to inspect the\npremises where the proposed proprietor proposes to\noperate the childcare service under section 755; and\n(b) the proposed proprietor has agreed to allow the director-general\nto inspect the premises.\nNote If the proposed proprietor does not allow the director-general to\ninspect the premises, the director-general need not decide whether\nthe proposed proprietor is eligible for the childcare service licence\nor for renewal of the licence (see s 745 and s 756).\n(2) For this Act, an authorised person may also—\n(a) at any reasonable time, enter premises if a licensed childcare\nservice is operating on the premises; or\n(b) at any time, enter premises with the occupier’s consent.\n\n(3) However, this section authorises entry into a part of premises used for\nresidential purposes only if the part of the premises is used to operate\nthe childcare service.\n(4) This section is additional to section 813.\n","sortOrder":857},{"sectionNumber":"818","sectionType":"section","heading":"Production of identity card","content":"818 Production of identity card\nAn authorised person must not remain at premises entered under this\nchapter if the authorised person does not produce their identity card\nwhen asked by the occupier.\n","sortOrder":858},{"sectionNumber":"819","sectionType":"section","heading":"Consent to entry","content":"819 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 813 (1) (b), an authorised person must—\n(a) produce their identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this chapter may be\nused in evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n\n(ii) that anything found and seized under this chapter may be\nused in evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this chapter if—\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":859},{"sectionNumber":"820","sectionType":"section","heading":"General powers on entry to premises","content":"820 General powers on entry to premises\n(1) An authorised person who enters premises under this chapter may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything on the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) make copies of, or take extracts from, a document kept at the\npremises;\n(f) require the occupier, or anyone at the premises, to give the\nauthorised person records, or copies of records that the person\nhas or has access to that are reasonably required by the\nauthorised person for this Act;\n\n(g) require the occupier, or an employee or agent of the occupier, to\ngive the authorised person any other assistance to exercise a\npower under this chapter.\nprivilege against self incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (f) or (g).\n","sortOrder":860},{"sectionNumber":"821","sectionType":"section","heading":"Duty to give information or documents","content":"821 Duty to give information or documents\n(1) An authorised person may, by written notice given to a person,\nrequire the person to give to the authorised person the stated\ninformation or document required for this Act.\n(2) The information or document must be given to the authorised person\nwithin the period stated in the notice or, if an authorised person allows\na longer period, the longer period.\n(3) The period stated in the notice must be not less than 14 days after the\nday the notice is given to the person.\n(4) A person commits an offence if—\n(a) the person is required to give information or a document to an\nauthorised person under subsection (1); and\n(b) the person does not take all reasonable steps to comply with the\nrequirement within the period applying under subsection (2).\nprivilege against self incrimination and client legal privilege.\n\n","sortOrder":861},{"sectionNumber":"822","sectionType":"section","heading":"Power to require name and address","content":"822 Power to require name and address\n(1) An authorised person may require a person to state the person’s name\nand home address if the authorised person believes on reasonable\ngrounds that the person is committing or has just committed an\noffence against this Act.\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The authorised person must tell the person the reason for the\nrequirement and, as soon as practicable, record the reason.\n(3) The authorised person must also produce thier identity card for\ninspection by the person.\n(4) A person must comply with a requirement made of the person under\nsubsection (1) if the authorised person—\n(a) told the person the reason for the requirement; and\n(b) produced their identity card for inspection by the person.\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n","sortOrder":862},{"sectionNumber":"823","sectionType":"section","heading":"Power to seize things","content":"823 Power to seize things\n(1) An authorised person who enters premises under this chapter with the\noccupier’s consent may seize anything at the premises if—\n(a) satisfied on reasonable grounds that the thing is connected with\nan offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\nchapter may seize anything at the premises that the authorised person\nis authorised to seize under the warrant.\n\n(3) An authorised person who enters premises under this chapter\n(whether with the occupier’s consent, under a warrant or otherwise)\nmay seize anything at the premises if satisfied on reasonable grounds\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n(b) the person knows access to the seized thing has been restricted;\nand\n(c) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(6) Strict liability applies to subsection (5) (a).\n\nSearch warrants Part 23.3\n","sortOrder":863},{"sectionNumber":"824","sectionType":"section","heading":"Warrants generally","content":"824 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter stated premises and exercise the authorised\nperson’s powers under this chapter; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue, the\nwarrant ends.\n\n","sortOrder":864},{"sectionNumber":"825","sectionType":"section","heading":"Warrants—application made other than in person","content":"825 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, radio or\nother form of communication if the authorised person considers it\nnecessary because of urgent circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the authorised\n(a) the magistrate must tell the authorised person—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the authorised person must complete a form of warrant (the\nwarrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this chapter.\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n\nSearch warrants Part 23.3\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the authorised person was\nnot authorised by a warrant under this section if—\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":865},{"sectionNumber":"826","sectionType":"section","heading":"Search warrants—announcement before entry","content":"826 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or a person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":866},{"sectionNumber":"827","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"827 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised person or a person assisting\nmust make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":867},{"sectionNumber":"828","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"828 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\nReturn and forfeiture of things seized Part 23.4\n","sortOrder":868},{"sectionNumber":"Part 23","sectionType":"part","heading":"4 Return and forfeiture of things","content":"Part 23.4 Return and forfeiture of things\nseized\n","sortOrder":869},{"sectionNumber":"829","sectionType":"section","heading":"Receipt for things seized","content":"829 Receipt for things seized\n(1) As soon as practicable after an authorised person seizes a thing under\nthis chapter, the authorised person must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the place of seizure under section 823 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken;\n(e) if an authorised person has restricted access to the thing under\nsection 823 (4) (b)—it is an offence under section 823 (5) to\ninterfere with the thing without an authorised person’s approval.\n","sortOrder":870},{"sectionNumber":"830","sectionType":"section","heading":"Moving things to another place for examination or","content":"830 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\nPart 23.4 Return and forfeiture of things seized\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give the occupier of the premises notice\nof the application, and the occupier is entitled to be heard on the\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this chapter relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":871},{"sectionNumber":"831","sectionType":"section","heading":"Access to things seized","content":"831 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this chapter may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\nReturn and forfeiture of things seized Part 23.4\n","sortOrder":872},{"sectionNumber":"832","sectionType":"section","heading":"Return of things seized","content":"832 Return of things seized\n(1) A thing seized under this chapter must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not started\nwithin 90 days after the day of the seizure; or\n(b) a prosecution for an offence relating to the thing is started within\n90 days after the day of the seizure but the court does not find\nthe offence proved.\n(2) If anything seized under this chapter is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n\n","sortOrder":873},{"sectionNumber":"833","sectionType":"section","heading":"Damage etc to be minimised","content":"833 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this chapter,\nan authorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this chapter, the authorised person must give written notice of\nthe particulars of the damage to the person the authorised person\nbelieves on reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under this chapter in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":874},{"sectionNumber":"834","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"834 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this chapter by an authorised person or a person\nassisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n\nAppeals generally Division 24.1.1\nNotes to ch 24\n","sortOrder":875},{"sectionNumber":"Div 24","sectionType":"division","heading":"1.1 Appeals generally","content":"Division 24.1.1 Appeals generally\n","sortOrder":876},{"sectionNumber":"835","sectionType":"section","heading":"Appeals to Supreme Court—generally","content":"835 Appeals to Supreme Court—generally\n(1) A person may appeal to the Supreme Court in relation to a matter\narising under this Act in accordance with section 836.\nNote An appeal in relation to a protection order under the Family Violence\nAct 2016 or the Personal Violence Act 2016 made by the Childrens Court\nunder s 459, is dealt with under the relevant Act (see s 460 (c)).\n(2) This chapter does not limit the Magistrates Court Act 1930, part 3.10\n(Criminal appeals) or another Territory law that makes provision\nabout the appellate jurisdiction of the Supreme Court.\nDivision 24.1.2 Appeals—Care and protection\n","sortOrder":877},{"sectionNumber":"836","sectionType":"section","heading":"Appeals to Supreme Court—care and protection chapters","content":"836 Appeals to Supreme Court—care and protection chapters\n(1) An appeal from any of the following decisions of the Childrens Court\nunder the care and protection chapters may be made to the Supreme\nCourt:\n(a) the making of an order or other decision;\n(b) a refusal to make an order or other decision applied for;\n\nDivision 24.1.2 Appeals—Care and protection chapters\n(c) to extend an order or other decision;\n(d) a refusal to extend an order or other decision;\n(e) to amend an order or other decision;\n(f) a refusal to amend an order or other decision;\n(g) to revoke an order or other decision;\n(h) a refusal to revoke an order or other decision.\n(2) The following people may appeal under this section:\n(a) a party to the proceeding in which the decision was made;\n(b) a person named in the order or other decision;\n(c) anyone else with the leave of the Supreme Court.\n","sortOrder":878},{"sectionNumber":"837","sectionType":"section","heading":"Application of Magistrates Court Act","content":"837 Application of Magistrates Court Act\nThe Magistrates Court Act 1930, part 4.5 (Civil appeals) applies in\nrelation to an appeal mentioned in section 836 of this Act as if—\n(a) it were an appeal from a judgment or order mentioned in the\nMagistrates Court Act 1930, section 274 (2); and\n(b) all other necessary changes, and any changes prescribed by\nregulation, were made.\n","sortOrder":879},{"sectionNumber":"838","sectionType":"section","heading":"Orders that Supreme Court may make","content":"838 Orders that Supreme Court may make\nOn an appeal mentioned in section 836, the Supreme Court must not\nmake an order or other decision that is not an order or other decision\nthat could have been made by the Childrens Court in the proceeding\nappealed from.\n\n","sortOrder":880},{"sectionNumber":"839","sectionType":"section","heading":"Meaning of reviewable decision—div 24.1.3","content":"839 Meaning of reviewable decision—div 24.1.3\nreviewable decision means a decision mentioned in table 839.1,\n839.1A, 839.2 or 839.3, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\nTable 839.1 Review of decisions—ch 2 (Administration)\nitem\n1 63 (1) refuse to approve organisation as suitable\nentity to be approved care and protection\n2 63 (1) revoke approval of organisation as suitable\nentity to be approved care and protection\n3 63 (1) refuse to approve individual as suitable\nentity to be responsible person for approved\ncare and protection organisation\nindividual or\n4 63 (1) revoke approval of individual as suitable\nentity to be responsible person for approved\ncare and protection organisation\nindividual or\n\nTable 839.1A Review of decisions—ch 15 (Care and protection—\ndirector-general has aspect of parental responsibility)\nitem\n1 514B refuse to approve person as approved carer person\n2 514E refuse to renew person’s approval as\napproved carer\n3 514EA revoke person’s approval as approved\ncarer\n4 516 refuse to authorise person as kinship carer person\n5 518 refuse to authorise person as foster carer person\n6 520 refuse to authorise approved residential\ncare organisation as residential care\nservice\n7 524 (4) (a) revoke authorisation of approved\nresidential care organisation as residential\ncare service\n8 525 (1) refuse to approve place operated by\napproved residential care organisation as\nplace of care\n9 525 (4) revoke approval of place operated by\napproved residential care organisation as\nplace of care\n\nTable 839.2 Review of decisions—ch 20 (Childcare services)\nitem\n1 747 (3) refuse to give proprietor childcare\nservice licence\nproprietor\n2 751 (4) refuse to extend childcare service\n3 752 (3) refuse to amend childcare service\n4 753 (3) refuse to transfer childcare service\n5 758 (3) refuse to renew childcare service\n6 760 (4) (a) confirm compliance notice licensed proprietor\n7 761 (2) suspend childcare service licence proprietor whose\n8 762 (3) (a) confirm suspension of childcare\nservice licence\nproprietor whose\n9 763 (2) immediately suspend childcare service\nproprietor whose\n10 765 (3) cancel childcare service licence proprietor whose\nlicence cancelled\n\nTable 839.3 Review of decisions—ch 21 (Employment of children and young\npeople)\nitem\n1 786 suspend educational institution’s\nexemption (in relation to work\nexperience program)\neducational institution\n2 787 revoke educational institution’s\nexemption (in relation to work\nexperience program)\neducational institution\n3 788 prohibit employer from employing, or\ncontinuing to employ, child or young\n4 790 state conditions in relation to\nemployment of child or young person\nthat must be complied with\n5 800 (2) refuse to issue high risk employment\npermit\n6 800 (3) issue high risk employment permit\nsubject to conditions\n\n","sortOrder":881},{"sectionNumber":"839A","sectionType":"section","heading":"Reviewable decision notices","content":"839A Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in table 839.1,\n839.1A, 839.2 or 839.3, column 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":882},{"sectionNumber":"839B","sectionType":"section","heading":"Applications for review","content":"839B Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in a table in this part, column 4 in relation\nto the decision;\n(b) any other person whose interests are affected by the decision.\n","sortOrder":883},{"sectionNumber":"840","sectionType":"section","heading":"Decision to refuse to give childcare service licence must","content":"840 Decision to refuse to give childcare service licence must\nnot be stayed or otherwise affected pending outcome of\nreview\n(1) The ACAT must not make an interim order staying or otherwise\naffecting the operation or implementation of a decision under\nsection 747 (3) (Childcare service licence—decision on application)\nto refuse to give a childcare service licence.\n(2) The Supreme Court must not make an order or other decision under\nthe Administrative Decisions (Judicial Review) Act 1989, section 16\nin relation to a decision under section 747 (3) (Childcare service\nlicence—decision on application) to refuse to give a childcare service\nlicence.\n\n","sortOrder":884},{"sectionNumber":"Part 25","sectionType":"part","heading":"Information secrecy and","content":"Chapter 25 Information secrecy and\nsharing\nNotes to ch 25\n","sortOrder":885},{"sectionNumber":"841","sectionType":"section","heading":"Application—ch 25","content":"841 Application—ch 25\n(1) The provisions of this chapter apply to the following in the same way\nas they apply to young offenders and young detainees who are under\n18 years old:\n(a) an adult who is under 21 years old (a young adult) being dealt\nwith by a police officer or held in police custody in relation to a\nyouth offence;\n(b) young adults being dealt with under the criminal law system for\na youth offence;\n(c) young offenders and young detainees who are adults.\nyouth offence, in relation to a young adult, means an offence\ncommitted or allegedly committed by the young adult when under\n18 years old.\n\n","sortOrder":886},{"sectionNumber":"842","sectionType":"section","heading":"Definitions––Act and ch 25","content":"842 Definitions––Act and ch 25\nprotected information—see section 844.\nsensitive information—see section 845.\ndivulge includes communicate.\ninformation means information in any form and includes advice.\nExamples—information\n1 a verbal opinion of a health practitioner\n2 a written document\n3 an electronic record\n4 a verbal recommendation for action\ninformation holder—see section 843.\nState includes New Zealand.\n","sortOrder":887},{"sectionNumber":"843","sectionType":"section","heading":"Who is an information holder?","content":"843 Who is an information holder?\ninformation holder means a person who—\n(a) is or has been—\n(i) the director-general; or\n(ii) the public advocate; or\n(iii) the Aboriginal and Torres Strait Islander children and\nyoung people commissioner; or\n(iv) an official visitor; or\n(v) a researcher for an approved research project; or\nNote Approval of researchers and research projects is dealt with\nin ch 22.\n\n(vi) someone else exercising a function, or purporting to\nexercise a function, under this Act (other than a judge or\nmagistrate); or\n(vii) someone else engaged in the administration of this Act; or\n(b) has been given information under this Act by a person\nmentioned in paragraph (a).\nNote Protected information may be given to people under various provisions\nof this Act, including the following:\n• s 497 (Annual review report—must be given to certain people);\n• s 850 (Minister or director-general—giving information to person\nabout the person);\n• s 851 (Minister or director-general—giving information in best\ninterests of child or young person);\n• s 852 (Director-general—giving information to person under\ncorresponding provisions);\n• s 855 (Director-general—giving information to researcher);\n• s 860 (Minister or director-general—giving safety and wellbeing\ninformation to information sharing entity);\n• s 865 (Giving protected information to court or investigative entity);\n• s 865A (Giving protected information to police).\n","sortOrder":888},{"sectionNumber":"844","sectionType":"section","heading":"What is protected information?","content":"844 What is protected information?\nprotected information means information about a person that is\ndisclosed to, or obtained by, an information holder because the\ninformation holder is, or has been, an information holder.\n(2) Without limiting subsection (1), protected information includes\nsensitive information.\n\n","sortOrder":889},{"sectionNumber":"845","sectionType":"section","heading":"What is sensitive information?","content":"845 What is sensitive information?\n(1) For this Act:\nsensitive information means any of the following:\n(a) care and protection report information;\n(b) care and protection appraisal information;\n(c) intensive therapy information;\n(d) interstate care and protection information;\n(e) family group conference information;\n(f) contravention report information;\n(g) information prescribed by regulation.\nNote Prenatal report information is also sensitive information (see s 365).\ncare and protection appraisal information means information—\n(a) in a record of an appraisal; or\n(b) that would allow information in a record of an appraisal to be\nworked out; or\n(c) in a report (an incident report) to the public advocate or\ncommissioner under section 507 (Public advocate etc to be told\nabout action following appraisals); or\n(d) that would allow information in a record of an appraisal or\nincident report to be worked out.\ncare and protection report information means information—\n(a) in a voluntary report or a mandatory report; or\n(b) received by the director-general under section 360; or\n\n(c) in a record that relates to—\n(i) a notification under the Children’s Services Act 1986,\n(ii) a report under the Children and Young People Act 1999,\nsection 157A, section 158 or section 159 (as in force at any\ntime); or\n(iii) any other information received by the director-general\nunder the Children and Young People Act 1999 about the\nsuspected abuse or neglect of a child or young person; or\n(iv) any information received about the suspected abuse or\nneglect of a child or young person at any time an ordinance\nwas in force in relation to child welfare; or\n(d) that would allow information mentioned in paragraph (a), (b) or\n(c) to be worked out; or\n(e) that identifies a person as a person who gave the information\nmentioned in paragraph (a), (b) or (c); or\n(f) that would allow a person’s identity as a person who gave the\ninformation mentioned in paragraph (a), (b) or (c) to be worked\nout.\ncontravention report information means information—\n(a) in a confidential report made under section 876 (Confidential\nreport of contravention of Act); or\n(b) that would allow the information in a confidential report to be\nworked out; or\n(c) that identifies a person as a person who made a confidential\nreport; or\n(d) that would allow a person’s identity as a person who made a\nconfidential report to be worked out.\n\nfamily group conference information means information—\n(a) about anything said or done to facilitate, or anything said or done\nat, a family group conference arranged under section 80 (2); or\n(b) information in a family group conference agreement, or in a\nfamily group conference outcome report, that relates to a family\ngroup conference arranged under section 80 (2); or\n(c) information that would allow information mentioned in\nparagraph (a) or (b) to be worked out.\nintensive therapy information means information—\n(a) about anything said or done to facilitate, or anything said or done\nat, a meeting of the therapeutic support panel; or\n(b) in a report, or record, about whether action should be taken that\nwould result in a child or young person being in intensive\ntherapy; or\n(c) about anything said or done, or in a report or record, relevant to\nthe implementation of an interim intensive therapy order or an\nintensive therapy order; or\n(d) used for the preparation of a therapy plan.\n\ninterstate care and protection information means information—\n(a) in a report (an interstate care and protection report) made under\na provision of a law of a State corresponding (or substantially\ncorresponding) to section 354 (Voluntary reporting of risk of\nsignificant harm), section 356 (Offence—mandatory reporting\nof significant harm) or section 362 (Prenatal reporting—\nanticipated risk of significant harm), that is provided to the\ndirector-general under a section corresponding (or substantially\ncorresponding) to—\n(i) section 852 (Director-general—giving information to\nperson under corresponding provisions); or\n(ii) section 861 (Information sharing entity—giving safety and\nwellbeing information to director-general); or\n(b) that would allow the information in an interstate care and\nprotection report to be worked out; or\n(c) that identifies a person as a person who made an interstate care\nand protection report; or\n(d) that would allow a person’s identity as a person who made an\ninterstate care and protection report to be worked out.\n\nOffence to record or divulge protected information Part 25.2\nPart 25.2 Offence to record or divulge\nprotected information\n","sortOrder":890},{"sectionNumber":"846","sectionType":"section","heading":"Offence—secrecy of protected information","content":"846 Offence—secrecy of protected information\n(1) An information holder commits an offence if the information\nholder—\n(a) makes a record of protected information about someone else;\nand\n(b) is reckless about whether the information is protected\ninformation about someone else.\n(2) An information holder commits an offence if the information\nholder—\n(a) does something that divulges protected information about\nsomeone else; and\n(b) is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\n(3) A person, other than an information holder, commits an offence if the\n(a) is given protected information about someone else under\nsection 856C for the purpose of the proper handling of a civil\nclaim by the person or someone else; and\n\nPart 25.2 Offence to record or divulge protected information\n(b) divulges the protected information for a purpose other than the\nproper handling of the civil claim; and\n(c) is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) the purpose is for the proper handling of the civil claim.\n","sortOrder":891},{"sectionNumber":"847","sectionType":"section","heading":"Exception to s 846—information given under this Act","content":"847 Exception to s 846—information given under this Act\n(1) Section 846 (1) does not apply to the making of a record of protected\ninformation if the record is made—\n(b) in the exercise of a function, as an information holder, under this\nAct.\n(2) Section 846 (2) and (3) do not apply to the divulging of protected\ninformation if the information is divulged—\n(b) in the exercise of a function, as an information holder, under this\nAct.\nNote Protected information may be given to people under various provisions\nof this Act, including the following:\n• s 497 (Annual review report—must be given to certain people);\n• pt 25.3 (Sharing protected information);\n• pt 25.4 (Courts and investigative entities).\n\nOffence to record or divulge protected information Part 25.2\n","sortOrder":892},{"sectionNumber":"848","sectionType":"section","heading":"Exception to s 846—information given under another law","content":"848 Exception to s 846—information given under another law\n(1) Section 846 (1) (Offence––secrecy of protected information) does\nnot apply to the making of a record of protected information if—\n(a) the information is not sensitive information; and\n(b) the record is made—\n(i) in the exercise of a function, as an information holder,\nunder another law in force in the Territory; or\n(ii) under another law in force in the Territory.\n(2) Section 846 (2) and (3) do not apply to the divulging of protected\ninformation if—\n(a) the information is not sensitive information; and\n(b) the information is divulged—\n(i) under another territory law; or\n(ii) in the exercise of a function, as an information holder,\nunder another territory law.\nNote Other legislation may provide for information to be given to people,\nincluding the following:\n• Freedom of Information Act 2016, s 7 (Right of access to\ngovernment information)\n• Health Records (Privacy and Access) Act 1997, s 10 (Statement of\nprinciple regarding right of access), and s 14A (No access to health\nrecord relating to Children and Young People Act complaint etc).\n","sortOrder":893},{"sectionNumber":"849","sectionType":"section","heading":"Exception to s 846—information given with agreement","content":"849 Exception to s 846—information given with agreement\nSection 846 (Offence––secrecy of protected information) does not\napply to protected information about a person if the information—\n(a) is not sensitive information; and\n(b) is divulged with the person’s consent.\n\nPart 25.2 Offence to record or divulge protected information\n","sortOrder":894},{"sectionNumber":"849A","sectionType":"section","heading":"Exception to s 846—information given for civil claims in","content":"849A Exception to s 846—information given for civil claims in\nwhich Territory is respondent\n(1) Section 846 (1) does not apply to the making of a record of protected\ninformation if the record is made by a person in accordance with\nsection 856C.\n(2) Section 846 (2) does not apply to the divulging of protected\ninformation if the protected information is divulged by a person in\naccordance with section 856C.\nmentioned in s (1) and s (2) (see Criminal Code, s 58).\n\nNote to pt 25.3\nThe Minister may make standards for the giving and seeking of protected\ninformation by the director-general under this chapter (see s 887 (2) (j)\n(Standard-making power)).\n","sortOrder":895},{"sectionNumber":"850","sectionType":"section","heading":"Minister or director-general—giving information to","content":"850 Minister or director-general—giving information to\nperson about the person\nThe Minister or director-general may give a person protected\ninformation held by the Minister or director-general about the person.\n","sortOrder":896},{"sectionNumber":"851","sectionType":"section","heading":"Minister or director-general—giving information in best","content":"851 Minister or director-general—giving information in best\ninterests of child or young person\n(1) The Minister or director-general may give someone protected\ninformation about a child or young person if the Minister or\ndirector-general considers that giving the information is in the best\ninterests of the child or young person.\n(2) Before the Minister gives protected information under this section,\nthe Minister must ask the director-general for advice about giving the\ninformation and consider any advice given by the director-general.\n(3) An information sharing entity may ask the director-general for\ninformation the director-general may give the information sharing\nentity under this section.\n\n","sortOrder":897},{"sectionNumber":"852","sectionType":"section","heading":"Director-general—giving information to person under","content":"852 Director-general—giving information to person under\ncorresponding provisions\nThe director-general may give protected information to any person\nwho is exercising a function, or otherwise engaged in the\nadministration of, a provision of a law of a State corresponding (or\nsubstantially corresponding) to a provision of this Act if the\ndirector-general considers that giving the information is necessary to\nallow the person to exercise the function to administer the law.\n","sortOrder":898},{"sectionNumber":"853","sectionType":"section","heading":"Family group conference facilitator—giving information","content":"853 Family group conference facilitator—giving information\nin best interests of child or young person\nA family group conference facilitator may give the director-general\nprotected information about a child or young person if the family\ngroup conference facilitator considers that giving the information is\nin the best interests of the child or young person.\n","sortOrder":899},{"sectionNumber":"854","sectionType":"section","heading":"Out-of-home carer and approved kinship and foster care","content":"854 Out-of-home carer and approved kinship and foster care\norganisation—giving information necessary for\nresponsibilities\n(1) A carer may give someone protected information, that is not sensitive\ninformation, about a child or young person if—\n(a) the carer considers that giving the information is necessary for\nthe proper exercise of the carer’s responsibilities for the child or\n(b) the giving of the information is in accordance with any\ndirections given by the director-general.\ncarer means—\n(a) an out-of-home carer; or\n(b) an approved kinship and foster care organisation.\n\n","sortOrder":900},{"sectionNumber":"855","sectionType":"section","heading":"Director-general—giving information to researcher","content":"855 Director-general—giving information to researcher\n(1) The director-general may give protected information to a researcher\nfor an approved research project.\n(2) The information may be about the child or young person, the family\nof the child or young person or someone else.\napproved research project—see section 805.\n","sortOrder":901},{"sectionNumber":"856","sectionType":"section","heading":"Director-general—giving information to authorised","content":"856 Director-general—giving information to authorised\nassessor\n(1) The director-general may give an authorised assessor for a care and\nprotection assessment protected information in relation to the child or\nyoung person, or other person, who is the subject of the assessment.\n","sortOrder":902},{"sectionNumber":"856A","sectionType":"section","heading":"Director-general—giving information to commissioner for","content":"856A Director-general—giving information to commissioner for\nfair trading\n(1) The director-general may give the commissioner for fair trading\nprotected information if satisfied on reasonable grounds that the\ninformation is relevant to the exercise of the commissioner’s\nfunctions under the Working with Vulnerable People Act.\n(2) This section does not limit the information that the director-general\nmay otherwise give to the commissioner under this Act or any other\n\n","sortOrder":903},{"sectionNumber":"856B","sectionType":"section","heading":"Responsible person—giving information to","content":"856B Responsible person—giving information to\ncommissioner for fair trading\n(1) A responsible person for an approved care and protection\norganisation may give the commissioner for fair trading protected\ninformation if satisfied on reasonable grounds that the information is\nrelevant to the exercise of the commissioner’s functions under the\nWorking with Vulnerable People Act.\n(2) This section does not limit the information that the person may\notherwise give to the commissioner under this Act or any other\n","sortOrder":904},{"sectionNumber":"856C","sectionType":"section","heading":"Giving and using information for civil claims in which","content":"856C Giving and using information for civil claims in which\nTerritory is respondent\n(1) This section applies in relation to a civil claim if—\n(a) the claimant, or person on whose behalf the claim is made, was\na child or young person when the act or omission the subject of\nthe claim happened; and\n(b) the act or omission relates to child abuse; and\n(c) the Territory is a respondent to the claim.\n(2) The director-general may give protected information to—\n(a) a territory entity, or person acting on behalf of the Territory, in\nrelation to the civil claim as reasonably required by the entity or\nperson for the proper handling of the civil claim; or\n\n(b) any other entity if the director-general is satisfied on reasonable\ngrounds that giving the information is necessary for the proper\nhandling of the civil claim.\nExamples—par (b)\n• a party to the claim\n• a legal representative of a party to the claim\nNote Entity includes an unincorporated body and a person (see Legislation\nAct, dict, pt 1).\n(3) An entity that receives protected information under this section in\nrelation to a civil claim may give the information to someone else if\nsatisfied on reasonable grounds that giving the information is\nnecessary for the proper handling of the civil claim.\n(4) An entity that receives protected information under this section in\nrelation to a civil claim may use the information only for a purpose\nreasonably related to the proper handling or management of the civil\nclaim.\n(5) For subsection (4), use information includes give information to\nanother entity.\n(6) This section does not limit the information that the director-general\nmay otherwise give a person under this Act or any other territory law.\n(7) In this section:\nchild abuse—see the Civil Law (Wrongs) Act 2002, section 114AA.\ncivil claim means a claim within the meaning of the Civil Law\n(Wrongs) Act 2002.\nterritory entity means any of the following:\n(b) a territory authority;\n\n(c) a public employee;\n(d) a police officer.\n","sortOrder":905},{"sectionNumber":"857","sectionType":"section","heading":"Certain identifying information not to be given","content":"857 Certain identifying information not to be given\nInformation must not be given to anyone under this part if it is\ninformation that—\n(a) identifies a person as a person who made—\n(i) a voluntary report or a mandatory report; or\n(ii) a prenatal report; or\n(iii) a confidential report; or\n(iv) an interstate care and protection report; or\n(v) a notification under the Children’s Services Act 1986,\n(vi) a report under the Children and Young People Act 1999,\nsection 157A, section 158 or section 159 (as in force at any\ntime); or\n(b) would allow a person’s identity as a person who made a report\nor notification mentioned in paragraph (a) to be worked out.\n\nSharing safety and wellbeing information Division 25.3.2\n","sortOrder":906},{"sectionNumber":"Div 25","sectionType":"division","heading":"3.2 Sharing safety and wellbeing","content":"Division 25.3.2 Sharing safety and wellbeing\n","sortOrder":907},{"sectionNumber":"858","sectionType":"section","heading":"What is safety and wellbeing information?","content":"858 What is safety and wellbeing information?\nsafety and wellbeing information, in relation to a child or young\nperson, means information that is relevant to the health, safety or\nExamples—information relevant to safety or wellbeing of child or young\n1 information needed to assess whether a child or young person is at risk of\n2 information needed to assess whether a child or young person is in need of\ncare and protection\n3 information needed to implement a care and protection order\n4 information needed to respond to a serious risk of harm to a child or young\n5 information about the health of the child or young person\n6 information about the educational needs of the child or young person\n7 information about the immunisation history of the child or young person\n(2) The information may be about the child or young person, the family\nof the child or young person or someone else.\n(3) To remove any doubt, safety and wellbeing information may be\nprotected or sensitive information.\n","sortOrder":908},{"sectionNumber":"859","sectionType":"section","heading":"Who is an information sharing entity?","content":"859 Who is an information sharing entity?\n(1) In this part:\ninformation sharing entity, for a child or young person, means any\nof the following:\n(a) a parent of the child or young person;\n\n(b) someone else who has parental responsibility for the child or\nNote Parental responsibility for a child or young person is dealt with in\ndiv 1.3.2.\n(c) an out-of-home carer for the child or young person;\nNote Out-of-home carers are dealt with in pt 15.4.\n(d) an approved kinship and foster care organisation;\nNote Approved kinship and foster care organisation—see s 502.\n(e) a Minister;\n(f) an ACT education provider;\n(g) a police officer or a member of a police service or force of a\nState;\n(h) a health facility;\n(i) the chair of the therapeutic support panel;\n(j) any of the following entities that provides services to, or has\ncontact with, the child or young person or their family:\n(i) an administrative unit;\n(ii) a community-based service;\n(iii) a territory authority (other than the legal aid commission);\n(iv) a territory instrumentality;\n(v) an entity established under a law of a State or the\n(vi) the holder of a position established under a law of a State\nor the Commonwealth;\n(vii) a public employee (other than a judge or magistrate).\n\nSharing safety and wellbeing information Division 25.3.2\nACT education provider—see section 25.\n","sortOrder":909},{"sectionNumber":"860","sectionType":"section","heading":"Minister or director-general—giving safety and wellbeing","content":"860 Minister or director-general—giving safety and wellbeing\ninformation to information sharing entity\n(1) The Minister or director-general may give an information sharing\nentity for a child or young person safety and wellbeing information\nin relation to the child or young person.\n(2) An information sharing entity may ask the director-general for\ninformation the director-general can give the information sharing\nentity under this section.\n(3) This section is additional to section 25 (Director-general may ask for\nassistance, etc).\nNote The director-general may also ask an information sharing entity for\ninformation relevant to the safety, welfare and wellbeing of a child or\nyoung person (see s 862).\n","sortOrder":910},{"sectionNumber":"861","sectionType":"section","heading":"Information sharing entity—giving safety and wellbeing","content":"861 Information sharing entity—giving safety and wellbeing\ninformation to director-general\nAn information sharing entity for a child or young person may give\nthe director-general safety and wellbeing information in relation to\nthe child or young person if the information sharing entity considers\nthat giving the information is in the best interests of the child or young\n","sortOrder":911},{"sectionNumber":"862","sectionType":"section","heading":"Director-general—asking information sharing entity for","content":"862 Director-general—asking information sharing entity for\nsafety and wellbeing information\n(1) The director-general may ask an information sharing entity for a child\nor young person to give the director-general safety and wellbeing\ninformation in relation to the child or young person.\n\n(2) An information sharing entity must comply with a request under\nsubsection (1)—\n(a) promptly; and\n(b) if the director-general tells the entity that the situation is an\nemergency—not later than 24 hours after the entity receives the\nrequest.\n(3) This section is additional to section 25 (Director-general may ask for\nassistance, etc).\n","sortOrder":912},{"sectionNumber":"863","sectionType":"section","heading":"Care teams—sharing safety and wellbeing information","content":"863 Care teams—sharing safety and wellbeing information\n(1) The director-general may declare that the director-general and a\ngroup of other people and entities are a care team for a child or young\nExamples—care team members\n1 an out-of-home carer\n2 a counsellor\n3 a psychologist\n4 a health practitioner\n5 an education provider\n6 an approved kinship and foster care organisation\n7 a family support worker\n8 a youth support worker\n9 an intensive therapy service\n10 a member of the child’s or young person’s treating team under the Health\nRecords (Privacy and Access) Act 1997\n(2) The director-general may include a person or entity as a member of a\ncare team for a child or young person only if satisfied that the person\nor entity is responsible for coordinating or delivering a service or care\nto the child or young person, or family members of the child or young\n\n(b) for a criminal proceeding under another territory law; or\n(c) for the administration of a sentence or order under another\nExamples—par (c)\n1 administration of a sentence under the Crimes (Sentence Administration)\nAct 2005\n2 administration of a mental health order or forensic mental health order under\nthe Mental Health Act 2015\n(3) A member of a care team for a child or young person—\n(a) may ask another member of the care team for safety and\nwellbeing information about the child or young person; and\n(b) may give safety and wellbeing information to another member\nof the care team.\n(4) The giving or receiving of safety and wellbeing information under\nthis section is subject to any instruction made by the director-general\nunder section 23.\nDivision 25.3.3 Sharing reportable conduct\n","sortOrder":913},{"sectionNumber":"863A","sectionType":"section","heading":"Definitions—div 25.3.3","content":"863A Definitions—div 25.3.3\nchild safety information sharing entity means an entity to which the\nombudsman may disclose information under the Ombudsman\nAct 1989, section 34A.\ndesignated entity—\n(a) see the Ombudsman Act 1989, section 17EA; and\n(b) includes the ombudsman.\nhead, of a designated entity—see the Ombudsman Act 1989,\nsection 17D (1).\n\nreportable conduct information means any information, including\nprotected information, that is relevant to the protection of a child or\nyoung person or a class of child or young person against reportable\nconduct.\nreportable conduct—see the Ombudsman Act 1989, dictionary.\n","sortOrder":914},{"sectionNumber":"863B","sectionType":"section","heading":"Entity may request reportable conduct information","content":"863B Entity may request reportable conduct information\n(1) A child safety information sharing entity or the head of a designated\nentity (the requesting entity) may ask another child safety\ninformation sharing entity or designated entity, in writing, to give the\nrequesting entity reportable conduct information in relation to a child,\nyoung person or class of child or young person.\n(2) However, a requesting entity must not ask another child safety\ninformation sharing entity or designated entity for information under\nthis section unless satisfied on reasonable grounds that the\ninformation is relevant for the requesting entity to—\n(a) do any of the following for the safety, welfare or wellbeing of a\nchild, young person or class of child or young person:\n(i) make a decision or an assessment;\n(ii) plan, begin, or conduct an investigation;\n(iii) provide any other service in accordance with the entity’s\nfunctions; or\n(b) deal with a risk to a child, young person or class of child or\nyoung person that might arise in the course of the requesting\nentity’s operation as a child safety information sharing entity or\na designated entity, including as an employer.\n\n","sortOrder":915},{"sectionNumber":"863C","sectionType":"section","heading":"Entity may provide reportable conduct information","content":"863C Entity may provide reportable conduct information\n(1) If a child safety information sharing entity or a designated entity (a\nrequested entity) is asked under section 863B (1) to provide\nreportable conduct information, and is satisfied on reasonable\ngrounds that the information is relevant for the entity making the\nrequest (the requesting entity) to do or deal with something\nmentioned in section 863B (2), the requested entity must provide the\n(2) However, a requested entity may refuse to provide reportable conduct\ninformation if satisfied on reasonable grounds that providing the\ninformation would—\n(a) prejudice an investigation of a contravention or possible\ncontravention of a law in force in the territory; or\n(b) prejudice a coronial inquest or inquiry; or\n(c) contravene legal professional or client legal privilege; or\n(d) enable the existence or identity of a confidential source of\ninformation for the enforcement or administration of a territory\nlaw to be revealed; or\n(e) endanger a person’s life or physical safety; or\n(f) prejudice the effectiveness of a lawful method or procedure for\npreventing, detecting, investigating or dealing with a\ncontravention or possible contravention of a territory law; or\n(g) prejudice a proceeding in relation to a care and protection order;\nor\n(h) not be in the public interest.\n(3) If a requested entity refuses to provide reportable conduct information\nto a requesting entity, the requested entity must tell the requesting\nentity, in writing, that the entity refuses to provide the information\nand the reason for the refusal.\n\n863CA Unsolicited provision of information\nA child safety information sharing entity or the head of a designated\nentity (the providing entity) may, on the providing entity’s own\ninitiative, give reportable conduct information to another child safety\ninformation sharing entity or a designated entity (the receiving entity)\nif the providing entity is satisfied on reasonable grounds that giving\nthe information is relevant for the receiving entity to—\n(a) do any of the following for the safety, welfare or wellbeing of a\nchild, young person or class of child or young person:\n(i) make a decision or an assessment;\n(ii) plan, begin, or conduct an investigation;\n(iii) provide any other service in accordance with the receiving\nentity’s functions; or\n(b) deal with a risk to a child, young person or class of child or\nyoung person that might arise in the course of the receiving\nentity’s operation as a child safety information sharing entity or\ndesignated entity, including as an employer.\n","sortOrder":916},{"sectionNumber":"863D","sectionType":"section","heading":"Restriction on use of information given under this","content":"863D Restriction on use of information given under this\ndivision\nReportable conduct information given under this division to a child\nsafety information sharing entity or a designated entity must not be\nused or given for a purpose that is not associated with the safety,\nwelfare or wellbeing of a child, young person or class of child or\nyoung person to whom the information relates, except in accordance\nwith a territory law.\n\n","sortOrder":917},{"sectionNumber":"863E","sectionType":"section","heading":"Protection from liability for providing reportable conduct","content":"863E Protection from liability for providing reportable conduct\nA person who honestly and without recklessness provides reportable\nconduct information under this division to a child safety information\nsharing entity or a designated entity—\n(a) does not commit a breach of—\n(i) confidence; or\n(ii) professional etiquette or ethics; or\n(iii) a rule of professional conduct; and\n(b) is not liable for any civil, criminal or other disciplinary action\nonly because of providing the information.\n","sortOrder":918},{"sectionNumber":"863F","sectionType":"section","heading":"Reportable conduct information may be given despite","content":"863F Reportable conduct information may be given despite\nterritory law to the contrary\nReportable conduct information may be given to a child safety\ninformation sharing entity or a designated entity in accordance with\nthis division despite any territory law to the contrary.\n","sortOrder":919},{"sectionNumber":"863G","sectionType":"section","heading":"Coordination etc between entities","content":"863G Coordination etc between entities\nTo ensure the safety, welfare or wellbeing of children and young\npeople, child safety information sharing entities and designated\nentities must take reasonable steps to ensure cooperative, coordinated\nand efficient provision of reportable conduct information between\nchild safety information sharing entities and designated entities.\n\n","sortOrder":920},{"sectionNumber":"864","sectionType":"section","heading":"Definitions—pt 25.4","content":"864 Definitions—pt 25.4\ncourt includes a tribunal.\nproduce includes allow access to.\nNote Investigative entity—see the dictionary.\n","sortOrder":921},{"sectionNumber":"865","sectionType":"section","heading":"Giving protected information to court or investigative","content":"865 Giving protected information to court or investigative\n(1) An information holder must give protected information to a court or\ninvestigative entity if required to do so for this Act or another territory\nlaw.\n(2) An information holder must produce a document containing protected\ninformation to a court or investigative entity if required to do so for\nthis Act or another territory law.\n(3) An information holder may give protected information to a court or\ninvestigative entity if authorised to do so by this Act or another\n(4) An information holder may produce a document containing protected\ninformation to a court or investigative entity if authorised to do so by\nthis Act or another territory law.\ncourt includes a court of the Commonwealth, a State or another\nTerritory.\n\nCourts and investigative entities Part 25.4\n","sortOrder":922},{"sectionNumber":"865A","sectionType":"section","heading":"Giving protected information to police","content":"865A Giving protected information to police\n(1) The director-general must give protected information to the chief\npolice officer if a matter has been referred to the chief police officer\nunder section 360 (4) (c).\n(2) The director-general may otherwise give protected information to the\nchief police officer if satisfied that the information is materially\nrelevant to an investigation a police officer is carrying out.\nNote The director-general must regard the best interests of the child or young\nperson as the paramount consideration or if a decision does not relate to\na particular child or young person, the director-general must consider the\nbest interests of children and young people (see s 8).\n(3) Section 867 (Investigative entity may divulge protected information\netc) applies to the chief police officer in relation to protected\ninformation provided to the chief police officer under this section.\n","sortOrder":923},{"sectionNumber":"866","sectionType":"section","heading":"Court may order sensitive information to be given or","content":"866 Court may order sensitive information to be given or\nproduced\n(1) A court may, in any civil claim or any proceeding, order an\ninformation holder to—\n(a) give sensitive information to the court or a party to a civil claim\nor any proceeding; or\n(b) produce a document containing sensitive information to the\ncourt.\n(2) However, the court must not allow information given or produced to\nit under subsection (1) to be given to the parties to the civil claim or\nthe proceeding unless satisfied that—\n(a) the information is materially relevant to the claim or the\nproceeding; and\n(b) if the information is about a child or young person—the best\ninterests of the child or young person are protected.\n\n(3) In making a decision under subsection (2), the court must consider\nthe desirability of protecting the identity of a person who made a child\nconcern report, confidential report or interstate care and protection\nreport.\n(4) To enable the court to make a decision under subsection (2), the court\nmust allow the information holder to be heard in relation to its\ndisclosure to the parties.\n(5) In making a decision under subsection (2), the court must deal with\nthe information given or produced under subsection (3) in a way that\nensures the information is not divulged or produced to anyone else.\n(6) In particular, the court must ensure that no copies of the information\ncan be made without leave of the court.\n(7) If the court decides not to allow a document produced to it under\nsubsection (1) (b) to be given to the parties, the court must return the\ndocument to the information holder.\n(8) In this section:\ncivil claim—see section 856C (7).\n","sortOrder":924},{"sectionNumber":"867","sectionType":"section","heading":"Investigative entity may divulge protected information etc","content":"867 Investigative entity may divulge protected information etc\n(1) An investigative entity may—\n(a) divulge protected information (including sensitive information)\nin relation to an investigation it is carrying out to another\ninvestigative entity; and\n(b) divulge protected information (other than sensitive information)\nin relation to an investigation it is carrying out to someone else.\n(2) However, an investigative entity may divulge sensitive information\nin relation to an investigation to someone other than another\ninvestigative entity only if satisfied that—\n(a) the information is materially relevant to the investigation; and\n\nCourts and investigative entities Part 25.4\n(b) disclosure of the information is in the public interest; and\n(c) if the information is about a child or young person—the best\ninterests of the child or young person are protected; and\n(d) the information does not include information that—\n(i) identifies a person as a person who made—\n(A) a voluntary report or a mandatory report; or\n(B) a prenatal report; or\n(C) a confidential report; or\n(D) an interstate care and protection report; or\n(E) a notification under the Children’s Services Act 1986,\n(F) a report under the Children and Young People\nAct 1999, section 157A, section 158 or section 159\n(as in force at any time); or\n(ii) would allow a person’s identity as a person who made a\nreport or notification mentioned in subparagraph (i) to be\n(3) To enable the investigative entity to make a decision under\nsubsection (2), the investigative entity must allow the information\nholder to be heard in relation to the divulging of the information.\n\n","sortOrder":925},{"sectionNumber":"868","sectionType":"section","heading":"How voluntary reports or mandatory reports may be used","content":"868 How voluntary reports or mandatory reports may be used\nin evidence\n(1) This section applies if a person honestly and without recklessness\nmakes a voluntary report or mandatory report.\n(2) The report, or evidence of the contents of the report, is admissible in\nevidence in a proceeding in a court or tribunal only if—\n(a) the report or evidence is given to the court or tribunal by the\nperson who made the report; or\n(b) the proceeding is a proceeding under the care and protection\nchapters in relation to the child or young person who is the\nsubject of the report; or\n(c) the proceeding is before a court hearing an appeal from a\ndecision of the Childrens Court in a proceeding mentioned in\nparagraph (b); or\n(d) the proceeding is about a charge or allegation made in a\nproceeding against a person in relation to the person’s exercising\na function under this Act.\n(3) Before admitting a report, or evidence of a report, under this section,\nthe court or tribunal must give the director-general the opportunity to\nbe heard.\nNote For admissibility of a prenatal report, see s 364.\n","sortOrder":926},{"sectionNumber":"869","sectionType":"section","heading":"Confidential report—not admissible in evidence","content":"869 Confidential report—not admissible in evidence\n(1) A confidential report is not admissible in evidence in any proceeding\nin a court or tribunal.\nNote For the meaning of confidential report, see s 876.\n(2) Evidence of the contents of a confidential report is also not admissible\nin evidence in any proceeding in a court or tribunal.\n\nAdmissibility of evidence Part 25.5\n(3) No-one may be compelled in any proceeding before a court or\ntribunal—\n(a) to produce a confidential report or a copy of, or extract from, a\nconfidential report; or\n(b) to disclose, or give evidence of, the contents of a confidential\nreport.\n(4) This section is subject to section 870 and section 871.\n","sortOrder":927},{"sectionNumber":"870","sectionType":"section","heading":"Confidential report—confidential reporter may give","content":"870 Confidential report—confidential reporter may give\nevidence\nIn any proceeding in a court or tribunal, the confidential reporter may\ngive evidence about the confidential reporter’s suspicion under\nsection 876 (1), and the reasons for the suspicion.\n","sortOrder":928},{"sectionNumber":"871","sectionType":"section","heading":"Confidential report—evidence admissible with agreement","content":"871 Confidential report—evidence admissible with agreement\nor leave\n(1) This section applies to evidence—\n(a) that a particular matter is contained in a confidential report; or\n(b) that identifies, or is likely to lead to the identification of, the\nconfidential reporter.\n(2) The evidence is admissible in a proceeding in a court or tribunal only\nif—\n(a) the confidential reporter agrees, in writing, to the admission of\nthe evidence; or\n(b) the court or tribunal gives leave for the evidence to be given.\n\n(3) The court or tribunal may give leave under subsection (2) (b) only if\nsatisfied that it is necessary for the evidence to be given—\n(a) to ensure the safety and wellbeing of a child or young person; or\n(b) in relation to a charge or allegation made in a proceeding against\nsomeone about the exercise of the person’s functions under this\nAct; or\n(c) to decide whether the report was made honestly and without\nrecklessness.\n","sortOrder":929},{"sectionNumber":"871A","sectionType":"section","heading":"Evidence relating to children and young people under","content":"871A Evidence relating to children and young people under\nage of criminal responsibility in intensive therapy etc\ninadmissible in criminal proceeding\n(1) Evidence of anything said or done by, or an opinion or observation\nabout, a child or young person under the age of criminal responsibility\nfor an offence is inadmissible in any criminal proceeding able to be\nbrought against the child or young person, if the evidence is based on\ninformation brought into existence for the purpose of any of the\n(a) a referral to the therapeutic support panel;\n(b) the exercise of a function of the therapeutic support panel;\n(c) the preparation of a therapy plan;\n(d) a child or young person in intensive therapy;\n(e) the implementation of an interim intensive therapy order or\nintensive therapy order.\n(2) A reference in subsection (1) to a criminal proceeding able to be\nbrought against a child or young person includes a criminal\nproceeding able to be brought when the child or young person is an\n\nAdmissibility of evidence Part 25.5\nunder the age of criminal responsibility—a person is under the age\nof criminal responsibility for an offence if the person is not\ncriminally responsible under the Criminal Code, section 25 for the\n","sortOrder":930},{"sectionNumber":"872","sectionType":"section","heading":"Things said at conference not admissible in care and","content":"872 Things said at conference not admissible in care and\nprotection proceedings\n(1) Evidence of anything said or done at a family group conference\narranged under section 80 (2) is not admissible in a proceeding under\n(2) However, a conference outcome report is admissible in a proceeding\nunder the care and protection chapters to prove whether an agreement\nwas or was not reached.\n","sortOrder":931},{"sectionNumber":"873","sectionType":"section","heading":"Interim matters—things said at court-ordered meeting","content":"873 Interim matters—things said at court-ordered meeting\nEvidence of anything said or done at a court-ordered meeting in\nrelation to a proceeding under the care and protection chapters is\nadmissible in the proceeding only if—\n(a) the parties to the proceeding agree to the evidence being\nadmitted; or\n(b) the Childrens Court gives leave for the evidence to be admitted.\n\nPart 25.6 Protection of people who give\n","sortOrder":932},{"sectionNumber":"874","sectionType":"section","heading":"Protection of people giving certain information","content":"874 Protection of people giving certain information\n(1) If a person gives information mentioned in subsection (2) honestly\nand without recklessness—\n(a) giving the information is not a breach of—\n(i) confidence; or\n(ii) professional etiquette or ethics; or\n(iii) a rule of professional conduct; and\n(b) the person does not incur civil or criminal liability only because\nof giving the information.\n(2) Subsection (1) applies to information given by—\n(a) a relevant person to the director-general in response to a request\nmade by the director-general under section 25 (Director-general\nmay ask for assistance, etc); and\n(b) a person to the official visitor under the Official Visitor\nAct 2012, section 22 (Complaints to official visitors); and\n(c) a person to a director-general for a report under the Court\nProcedures Act 2004, section 74D (Court may order report\nabout young person); and\n(d) a health practitioner to the director-general in a report of\nassessment made by the health practitioner under\nsection 161 (3) (Health assessment); and\n(e) a relevant director-general to the director-general in a report\nunder section 186 (Health reports); and\n\nProtection of people who give information Part 25.6\n(f) a person in a report to the director-general under section 193\n(Mandatory reporting of threats to security etc at detention\nplace); and\n(g) a person to the director-general under section 354 (Voluntary\nreporting of risk of significant harm); and\n(h) a person to the director-general under section 356 (Offence—\nmandatory reporting of significant harm); and\n(i) a person to the public advocate or Aboriginal and Torres Strait\nIslander children and young people commissioner under\nsection 359 (Reports made to public advocate or Aboriginal and\nTorres Strait Islander children and young people commissioner);\nand\n(j) a person to the director-general under section 360 (1) (a)\n(Assessing risk of significant harm); and\n(k) a person to the director-general under section 362 (Prenatal\nreporting—anticipated risk of significant harm); and\n(l) a person in a report to the director-general under section 362;\nand\n(m) an information sharing entity to the chair of the therapeutic\nsupport panel under section 501P (Power to obtain information\nfrom information sharing entity); and\n(n) a person to a police officer under section 680 (1) (d) (Police\npowers); and\n(o) an out-of-home carer, or approved kinship and foster care\norganisation, to someone under section 854 (Out-of-home carer\nand approved kinship and foster care organisation—giving\ninformation necessary for responsibilities); and\nNote Out-of-home carer—see s 508.\nApproved kinship and foster care organisation—see s 502.\n\n(p) an information sharing entity to the director-general under\nsection 861 (Information sharing entity—giving safety and\nwellbeing information to director-general) or section 862\n(Director-general—asking information sharing entity for safety\nand wellbeing information); and\n(q) a member of a care team to another member of the care team\nunder section 863 (Care teams—sharing safety and wellbeing\ninformation); and\n(r) a person to the director-general under section 876 (Confidential\nreport of contravention of Act); and\n(s) an ACT child welfare service to the public advocate or\ncommissioner under section 879 (ACT child welfare services to\nassist certain statutory office holders).\nNote The director-general is protected from civil liability for giving\ninformation by s 878 and an official visitor is protected under the Official\nVisitor Act 2012, s 24.\n","sortOrder":933},{"sectionNumber":"875","sectionType":"section","heading":"Interaction with other laws","content":"875 Interaction with other laws\n(1) This chapter does not limit a power or obligation under another law\nto give relevant information to the director-general.\n(2) This chapter applies to information despite any other law that would\notherwise prohibit or restrict the giving of the information.\nExamples—other laws\n• Evidence Act 2011\n• Health Records (Privacy and Access) Act 1997\n• Information Privacy Act 2014\n• Privacy Act 1988 (Cwlth)\n• Public Sector Management Act 1994\n• Working with Vulnerable People Act\n\nNotes to ch 26\n","sortOrder":934},{"sectionNumber":"876","sectionType":"section","heading":"Confidential report of contravention of Act","content":"876 Confidential report of contravention of Act\n(1) This section applies if a person suspects that a provision of this Act\nis being, or has been, contravened.\nmade or in force under the Act, including any standards made under s 887\n(see Legislation Act, s 104).\n(2) The person may report (in a confidential report) the suspicion, and\nthe reasons for the suspicion, to the director-general.\n","sortOrder":935},{"sectionNumber":"876A","sectionType":"section","heading":"Power of court to bring young detainee before it—civil","content":"876A Power of court to bring young detainee before it—civil\nproceeding\n(1) For a civil proceeding, a court may order the director-general to bring\na young detainee in a detention place before the court, if the young\ndetainee consents, and to return the young detainee to the detention\nplace in accordance with the order.\ncivil proceeding—\n(a) see the Evidence Act 2011, dictionary, part 1; and\n(b) includes an examination before the integrity commission.\n\ncourt includes—\n(a) the ACAT; and\n(b) the integrity commission.\n","sortOrder":936},{"sectionNumber":"877","sectionType":"section","heading":"Offence—tattoo child or young person without agreement","content":"877 Offence—tattoo child or young person without agreement\n(a) the person tattoos a part of another person’s body; and\n(b) the other person is a child or young person; and\n(c) the person does not have agreement, in writing, from a person\nresponsibility, for the child or young person, to—\n(i) tattoo that part of the child’s or young person’s body; or\n(ii) tattoo the child or young person in that way.\n(2) An offence against this section is a strict liability offence.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that—\n(a) before tattooing the person, the person had shown a document\nof identification to the defendant; and\n(b) the defendant had no reasonable grounds for believing that the\ndocument was not a genuine document of identification of the\n\ndocument of identification, of a person, means a document that—\n(a) is—\n(i) an Australian driver licence or a licence to drive a motor\nvehicle (however described) issued under the law of an\nexternal Territory or a foreign country; or\n(ii) a proof of identity card under the Liquor Act 2010 or a\ncorresponding document issued under the law of a State; or\n(iii) a passport; and\n(b) contains a photograph that could reasonably be taken to be of\nthe person; and\n(c) indicates that the person to whom the document was issued is at\nleast 18 years old.\n","sortOrder":937},{"sectionNumber":"878","sectionType":"section","heading":"Protection of officials from liability","content":"878 Protection of officials from liability\n(1) In this section:\nofficial means—\n(b) a person who is exercising, or has exercised, a function under\nthis Act; or\n(c) a person who is, or has been, engaged in the administration of\nNote An official visitor exercising a function under this Act is protected from\ncivil liability by the Official Visitor Act 2012, s 24.\n(2) An official, or anyone engaging in conduct under the direction of an\nofficial, is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(3) Any liability that would, apart from this section, attach to an official\nattaches instead to the Territory.\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":938},{"sectionNumber":"879","sectionType":"section","heading":"ACT child welfare services to assist certain statutory","content":"879 ACT child welfare services to assist certain statutory\noffice holders\n(1) The following people may, for the purpose of exercising a statutory\nfunction, ask an ACT child welfare service to provide information,\nadvice, guidance, assistance, documents, facilities or services in\nrelation to the physical or emotional welfare of children and young\n(b) if the request relates to Aboriginal and Torres Strait Islander\nchildren and young people—the Aboriginal and Torres Strait\n(2) If the public advocate or Aboriginal and Torres Strait Islander\nchildren and young people commissioner makes a request of an ACT\nchild welfare service under subsection (1), the service must comply\nwith the request promptly.\nACT child welfare service means any of the following entities if the\nentity is involved in providing welfare services for children and\nyoung people:\n(b) a territory authority;\n(c) a territory instrumentality;\n\n(d) a public employee;\n(e) a police officer;\n(f) an approved care and protection organisation.\n","sortOrder":939},{"sectionNumber":"880","sectionType":"section","heading":"Notification of location of child or young person","content":"880 Notification of location of child or young person\n(a) a child or young person has voluntarily entered a hospital, police\nstation or refuge (the place); and\n(b) the person in charge, or an occupier, of the place suspects on\nreasonable grounds that none of the following people knows the\nlocation of the child or young person:\n(i) a parent of the child or young person;\n(ii) someone else who has daily care responsibility, or\n(2) The person in charge, or occupier, may, if the person or occupier\nbelieves on reasonable grounds that it is in the best interests of the\nchild or young person to do so—\n(a) tell a parent of the child or young person, or someone else who\nhas daily care responsibility, or long-term care responsibility,\nfor the child or young person, of the location of the child or\n(b) if the place is not at a police station—tell a police officer that the\nchild or young person is at the hospital or refuge.\n\n","sortOrder":940},{"sectionNumber":"881","sectionType":"section","heading":"Evidentiary certificates—director-general—parental","content":"881 Evidentiary certificates—director-general—parental\nIn a proceeding under this Act, a certificate purporting to be signed\nby the director-general stating that, on a stated date or during a stated\nperiod, the director-general had, or shared, daily care responsibility,\nor long-term care responsibility, for a stated child or young person is\nevidence of the matters stated in the certificate.\n","sortOrder":941},{"sectionNumber":"882","sectionType":"section","heading":"Evidentiary certificates—director-general—custody etc","content":"882 Evidentiary certificates—director-general—custody etc\n(1) A certificate that appears to be signed by the director-general that\nstates any of the following is evidence of the matter:\n(a) that a stated person was, or was not, subject to detention on a\nstated day;\n(b) that a stated person was, or was not, in the director-general’s\ncustody on a stated day;\n(c) that a stated young offender subject to full-time detention did\nnot comply with a stated obligation of the detention;\n(d) that the director-general gave a stated direction to a stated person\non a stated day;\n(e) that a stated person did not comply with a stated direction by the\ndirector-general on a stated day;\n(f) that a stated decision was made by the director-general on a\nstated date;\n(g) that a stated person did, or did not, occupy a position under this\nAct on a stated day;\n(h) that a stated instrument under this Act was, or was not, in force\non a stated day;\n(i) that a stated instrument is a copy of an instrument made, given,\nissued or received under this Act.\n\n(2) A certificate mentioned in subsection (1) may state a matter by\nreference to a date or period.\n(3) A certificate of the results of the analysis of a substance under this\nAct, signed by an analyst appointed under section 883, is evidence of\nthe facts stated in the certificate.\n(4) A certificate signed by or for the director-general that states any\nmatter prescribed by regulation is evidence of the stated matter.\n(5) A court must accept a certificate or other document mentioned in this\nsection as proof of the matters stated in it if there is no evidence to\nthe contrary.\n","sortOrder":942},{"sectionNumber":"883","sectionType":"section","heading":"Appointment of analyst for Act","content":"883 Appointment of analyst for Act\n(1) The director-general may appoint analysts for this Act.\n(2) An appointment under subsection (1) is a notifiable instrument.\n","sortOrder":943},{"sectionNumber":"883A","sectionType":"section","heading":"Director-general delegations—approved care and","content":"883A Director-general delegations—approved care and\nprotection organisations\n(1) The director-general may delegate any of the following to a\nresponsible person for an approved kinship and foster care\norganisation:\n(a) the director-general’s functions under the following provisions:\n(i) division 14.3.4 (Care plans);\n(ii) part 14.13 (Annual review reports—parental responsibility\nprovisions and supervision provisions);\n\n(iii) division 15.4.1 (Placement with out-of-home carer);\n(iv) division 15.4.1A (Approval of carers);\n(v) division 15.5.2 (Transition plans);\n(vi) division 15.5.4 (Entitlement to personal items and access\nto protected information);\n(vii) section 863 (1) (Care teams—sharing safety and wellbeing\ninformation);\n(b) if parental responsibility for a child or young person is\ntransferred to, or shared with, the director-general—the parental\nresponsibility;\n(c) if, for a contact provision, the director-general is authorised to\ndecide with whom a child or young person may have contact and\nto decide any conditions for the contact—the authority to decide.\nNote 1 The responsible person may subdelegate certain functions in certain\ncircumstances (see s 883B).\nNote 2 The director-general must ensure the delegated or subdelegated function\nis properly exercised (see Legislation Act, s 238). In addition, the\ndirector-general may provide that the delegation has effect only in stated\ncircumstances or subject to stated conditions, limitations or directions\n(see Legislation Act, s 234 and s 239). For other provisions about the\nmaking of delegations and the exercise of delegated functions, see the\nLegislation Act, pt 19.4.\n(2) The director-general may delegate any of the director-general’s\nfunctions under the following provisions to a responsible person for\na residential care service:\n(a) division 14.3.4 (Care plans);\n(b) part 14.13 (Annual review reports—parental responsibility\nprovisions and supervision provisions);\n(c) division 15.5.2 (Transition plans);\n\n(d) division 15.5.4 (Entitlement to personal items and access to\nprotected information);\n(e) section 863 (1) (Care teams—sharing safety and wellbeing\ninformation).\ncontact provision—see section 485.\n","sortOrder":944},{"sectionNumber":"883B","sectionType":"section","heading":"Subdelegations—approved care and protection","content":"883B Subdelegations—approved care and protection\norganisations\n(1) A responsible person who has been delegated a function under\nsection 883A may subdelegate the function to the occupant of a\nposition in the responsible person’s organisation.\nNote The responsible person must ensure the subdelegated function is properly\nexercised (see Legislation Act, s 238). In addition, the responsible person\nmay provide that the subdelegation has effect only in stated\ncircumstances or subject to stated conditions, limitations or directions\n(see Legislation Act, s 234 and s 239). For other provisions about the\nmaking of subdelegations and the exercise of subdelegated functions, see\nthe Legislation Act, pt 19.4.\n(2) However, a function may be subdelegated under subsection (1) only\nif the responsible person is satisfied that—\n(a) within the organisation the position has responsibility for the\noperation or administration of the function; and\n(b) the occupant of the position—\n(i) is an employee of the organisation; and\n(ii) has skills and qualifications appropriate for the function to\nbe exercised.\n\n","sortOrder":945},{"sectionNumber":"883C","sectionType":"section","heading":"Register of subdelegations","content":"883C Register of subdelegations\n(1) The head of an organisation in which 1 or more responsible people\nhave been delegated a function under section 883A must keep a\nregister of any subdelegation of the function under section 883B.\n(2) For each subdelegation, the register must include—\n(a) the day the subdelegation starts; and\n(b) each position to which the subdelegation is made; and\n(c) if the subdelegation has effect only in stated circumstances—the\n(d) if the subdelegation has effect subject to stated conditions,\nlimitations or directions—the conditions, limitations or\ndirections; and\n(e) the function, or part of the function that is subdelegated; and\n(f) if the subdelegation is amended—\n(i) the day the subdelegation is amended; and\n(ii) the nature of the amendment; and\n(g) if the subdelegation is revoked—the day the subdelegation ends.\n(3) The head of the organisation must allow the director-general to\ninspect the register within a reasonable time requested by the director-\ngeneral.\n","sortOrder":946},{"sectionNumber":"884","sectionType":"section","heading":"Chief police officer delegations","content":"884 Chief police officer delegations\n(1) The chief police officer may delegate any of the chief police officer’s\nfunctions under this Act to a police officer.\n(2) This section does not limit the chief police officer’s power to delegate\na function under any other territory law.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\n","sortOrder":947},{"sectionNumber":"885","sectionType":"section","heading":"Determination of fees","content":"885 Determination of fees\n(1) The director-general may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":948},{"sectionNumber":"886","sectionType":"section","heading":"Approved forms","content":"886 Approved forms\n(1) The director-general may approve forms for this Act (other than for\nuse in relation to the Childrens Court).\n(2) If the director-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":949},{"sectionNumber":"887","sectionType":"section","heading":"Standard-making power","content":"887 Standard-making power\n(1) The Minister may make standards for this Act.\n(2) The standards may make provision for the following:\n(a) the conduct of family group conferences and the implementation\nof family group conference agreements (family group\nconference standards);\n(b) the operation of approved care and protection organisations\n(care and protection organisation standards);\nNote Approved care and protection organisations are dealt with in\npt 10.4.\n(c) the conduct of drug testing under a drug use provision in a care\nand protection order (drug testing standards);\nNote Drug use provisions in care and protection orders are dealt with in\npt 14.9.\n(d) the care to be provided for children and young people by out-of-\nhome carers (out-of-home care standards);\nNote Out-of-home care is dealt with in pt 15.4.\n\n(e) the operation of intensive therapy places and services (intensive\ntherapy standards);\nNote A child or young person may be confined at an intensive therapy\nplace under an intensive therapy order (see pt 16.2).\n(f) the operation of childcare services (childcare services\nstandards);\nNote Childcare services are dealt with in ch 20.\n(g) employers of children and young people (children and young\npeople employment standards);\nNote Employment of children and young people is dealt with in ch 21.\n(h) the requirements for the operation of work experience programs\n(work experience standards);\nNote Work experience programs are dealt with in pt 21.2.\n(i) research involving children and young people (research\nstandards);\nNote Research is dealt with in ch 22.\n(j) the giving and seeking of protected information by the\ndirector-general under chapter 25 (information sharing\nstandards).\n(3) A standard is a disallowable instrument.\n","sortOrder":950},{"sectionNumber":"888","sectionType":"section","heading":"Regulation-making power","content":"888 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision for—\n(a) the duties of people in charge of detention places; and\n(b) the health and safety (including medical examinations) of\nchildren or young people, and other people, at places of\ndetention; and\n\n(c) any of the following in relation to injuries suffered by children\nor young people, and other people, that arise out of, or in the\ncourse of, their detention, or the performance of community\nservice:\n(i) injury management;\n(ii) compensation for a permanent injury;\n(iii) vocational rehabilitation;\n(iv) death benefits; and\n(d) travel and transport arrangements for children or young people,\nand other people, performing community service; and\n(e) the discipline and security (including the use of force, inspection\nof mail, and the use of video surveillance and other monitoring\ndevices) at or for places of detention; and\n(f) the safety, management and good order of places of detention.\n(3) A regulation may also prescribe offences for contraventions of the\nregulation and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulation.\ninjury includes—\n(a) disease; and\n(b) aggravation, acceleration and recurrence of an injury or disease.\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• ACT\n• administrative unit\n• adult\n• bankrupt or personally insolvent\n• chief police officer\n• children and young people commissioner\n• Childrens Court\n• corrections officer\n• dentist\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• doctor\n• domestic partner (see s 169 (1))\n• entity\n• Executive\n• found guilty\n• function\n• head of service\n• health practitioner\n• home address\n• human rights commission\n• indictable offence (s 190)\n• individual\n• information privacy commissioner\n• in relation to\n• integrity commission\n• integrity commissioner\n• intersex person (see s 169B)\n\n• judge\n• lawyer\n• legal aid commission\n• magistrate\n• midwife\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• nurse\n• ombudsman\n• parent\n• penalty unit (see s 133)\n• police officer\n• public advocate\n• public employee\n• public holiday\n• public servant\n• public trustee and guardian\n• reviewable decision notice\n• State\n• statutory office-holder\n• territory authority\n• territory instrumentality\n• the Territory\n• transgender person (see s 169A (1) and (2))\n• working day.\ncommissioner means the person appointed as the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nunder the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022, section 10.\nAboriginal or Torres Strait Islander child or young person means a\nchild or young person who is an Aboriginal or Torres Strait Islander\n\nAboriginal or Torres Strait Islander person—see the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nAct 2022, dictionary.\nACAT mental health provision—see section 491.\naccredited person—\n(a) in relation to a young detainee, for chapter 6 (Criminal\nmatters—detention places)—see section 137; and\n(b) for a child or young person in intensive therapy, for\ndivision 16.3.3 (Visits by accredited people)—see section 578.\naccused detainee, for chapter 8 (Criminal matters—discipline at\nadministrator, for chapter 8 (Criminal matters—discipline at\nadmission, of a young detainee to a detention place, for part 6.4\n(Admission to detention places)—see section 155.\naffected child, for division 20.4.3 (Childcare service licences—\nsuspension and cancellation)—see section 759.\naffected person, for a decision, for chapter 16A (Care and\nallegation report, for chapter 8 (Criminal matters—discipline at\ndetention places)—see section 293.\nannual review report, for a reviewable care and protection order, for\nchapter 14 (Care and protection—care and protection orders )—see\nsection 494.\nannual review report order, for part 14.13 (Annual review reports—\nparental responsibility provisions and supervision provisions)—see\nsection 500 (2).\n\napplication, for chapter 19 (Care and protection—provisions\napplying to court proceedings under care and protection chapters)—\nsee section 695.\nappraisal order, for the care and protection chapters—see\nsection 372.\napproved care and protection organisation—see section 352C.\napproved carer—see section 514B.\napproved kinship and foster care organisation—see section 502.\napproved research project, for chapter 22 (Research involving\nchildren and young people)—see section 805.\napproved residential care organisation—see section 502.\nassessment order, for the care and protection chapters—see\nsection 436.\nauthorised person—see section 26.\nbehaviour breach—see section 287.\nbehaviour management consequence—\n(a) for part 8.3 (Dealing with minor behaviour breaches)—see\nsection 298; and\n(b) for part 8.4 (Disciplinary action—behaviour breach charge)—\nsee section 318.\nbehaviour management framework, for chapter 8 (Criminal\nmatters—discipline at detention places)—see section 286.\nbody search, of a young detainee, for chapter 7 (Criminal matters—\nsearch and seizure at detention places)—see section 246.\ncancellation notice, for chapter 20 (Childcare services)—see\nsection 766 (2).\n\ncare and protection appraisal, for the care and protection chapters—\nsee section 366.\ncare and protection assessment, for the care and protection\nchapters—see section 367.\ncare and protection chapters—see section 336.\ncare and protection order—see section 422.\ncare and protection organisation standards—see\nsection 887 (2) (b).\ncare and protection principles—see section 350.\ncare and protection purpose, for an organisation—see section 352B.\ncare entities, for a child or young person for a placement, for\ndivision 15.4.3 (Information and items to be kept by foster carers and\nresidential care services)—see section 526.\ncare plan—see section 455.\ncase management plan, for chapter 6 (Criminal matters—detention\ncharge, for chapter 8 (Criminal matters—discipline at detention\nplaces)—see section 286.\ncharge notice, for chapter 8 (Criminal matters—discipline at\ndetention places)—see section 296.\nchild—see section 11.\nchildcare centre—see section 733.\nchildcare service—see section 732.\nchildcare service licence, for chapter 20 (Childcare services)—see\nchildcare services standards—see section 887 (2) (f).\nchildcare worker, for chapter 20 (Childcare services)—see\n\nchildren and young people employment standards—see\nsection 887 (2) (g).\nchildren and young people deaths register—see section 727N (1).\nChildren and Youth Services Council means the Children and Youth\nServices Council established under section 27.\nchild safety information sharing entity, for division 25.3.3 (Sharing\nreportable conduct information)—see section 863A (1).\nchild welfare law—see section 640 (1).\nchild welfare order, for chapter 17 (Care and protection—interstate\ntransfer of orders and proceedings)—see section 638.\nchild welfare proceeding, for chapter 17 (Care and protection—\ninterstate transfer of orders and proceedings)—see section 639.\ncomplainant, for division 10.4.3 (Approved care and protection\norganisations—complaints)—see section 352H.\ncompliance notice, for chapter 20 (Childcare services)—see\nsection 760.\ncompliance suspension notice, for chapter 20 (Childcare services)—\nsee section 761.\nconduct—see the Criminal Code, section 13.\nconfidential report—see section 876.\nconnected, for chapter 23 (Enforcement)—see section 812.\ncontact—see section 348.\ncontact provision, in a care and protection chapter—see section 485.\ncontrary to the best interests of a child or young person, for\nchapter 21 (Employment of children and young people)—see\nsection 780.\ncontrolled drug—see the Criminal Code, section 600.\n\ncontrolling person, for a childcare service or proposed childcare\nservice, for chapter 20 (Childcare services)—see section 736.\ncourt, for part 25.4 (Courts and investigative entities)—see\nsection 864.\ncourt-ordered meeting—see section 431 (2) (a).\ncriminal matters chapter—see section 91.\ncustodial inspector means the custodial inspector appointed under the\nCustodial Inspector Act 2017, section 9.\nCYP death review committee means the Children and Young People\nDeath Review Committee established under section 727A.\ndaily care responsibility—see section 19.\ndangerous thing, for part 16.3 (Children and young people in\ntherapeutic protection)—see section 590.\ndecision-maker—\n(a) includes any court or tribunal exercising jurisdiction under\nthis Act; and\n(b) for an internally reviewable decision, for chapter 16A (Care and\ndesignated entity, for division 25.3.3 (Sharing reportable conduct\ninformation)—see section 863A (1).\ndetention place means a place declared to be a detention place under\nsection 142.\ndirect legal representative, for a child or young person, for\ndivision 16A.4.3 (Children and young people in review\napplications)—see section 635N.\ndisciplinary action, for chapter 8 (Criminal matters—discipline at\ndetention places)—see section 317.\n\ndivulge, for chapter 25 (Information secrecy and sharing)—see\ndrug, for Part 6.7 (Alcohol and drug testing)—see section 235.\ndrug of dependence—see the Drugs of Dependence Act 1989,\ndrug testing standards—see section 887 (2) (c).\ndrug use provision, in a care and protection order, for the care and\nprotection chapters—see section 488.\ndue date, for a noncompliance notice—see section 352N (3) (e).\neducational institution, for chapter 21 (Employment of children and\nyoung people)—see section 780.\nemergency action—see section 405.\nemergency action release order—see section 416.\nemployment, for chapter 21 (Employment of children and young\npeople)—see section 781.\nemployment conditions notice, for chapter 21 (Employment of\nchildren and young people)—see section 790.\nemployment prohibition notice, for chapter 21 (Employment of\nchildren and young people)—see section 788.\nenduring parental responsibility provision, in the care and protection\nchapters—see section 481.\nengage in conduct—see the Criminal Code, section 13.\nentitled person—see section 37.\nescort officer means—\n(a) a police officer; or\n(b) a corrections officer; or\n(c) a youth detention officer.\n\nethics committee, for chapter 22 (Research involving children and\nyoung people)—see section 805.\nexternal reviewer—\n(a) for division 6.6.3 (Segregation)—see section 204; and\n(b) for division 8.4.3 (External review of internal review\ndecisions)—see section 308.\nfamily day care scheme—see section 734.\nfamily group conference agreement—see section 76.\nfamily group conference facilitator—see section 78.\nfamily group conference outcome report, for chapter 3 (Family\ngroup conferences)—see section 88.\nfamily group conference standards—see section 887 (2) (a).\nfamily member, of a child or young person—see section 13.\nformer caregiver, of a child or young person, for the care and\nprotection chapters—see section 347.\nfoster carer, for a child or young person—see section 518 (2).\nfrisk search, for chapter 7 (Criminal matters—search and seizure at\ndetention places)—see section 246.\ngeneral parental authority, for a residential care service—see\nsection 520 (2).\ngovernment agency for chapter 17 (Care and protection—interstate\ntransfer of orders and proceedings)—see section 637.\ngovernment or non-government school—see the Education\nAct 2004, dictionary.\ngovernment school—see the Education Act 2004, dictionary.\n\nharmful conduct, engaged in by a child or young person—see\nsection 533.\nhead, of a designated entity, for division 25.3.3 (Sharing reportable\nconduct information)—see the Ombudsman Act 1989,\nsection 17D (1).\nhealth care treatment means treatment of an illness, disability,\ndisorder or condition by a health practitioner.\nhealth facility means a hospital or other facility where health services\nare provided.\nhealth segregation direction, for division 6.6.3 (Segregation)—see\nsection 204.\nhealth service—\n(a) means a service provided to someone (the service user) for any\nof the following purposes:\n(i) assessing, recording, maintaining or improving the\nphysical, mental or emotional health, comfort or wellbeing\nof the service user;\n(ii) diagnosing or treating an illness, disability, disorder or\ncondition of the service user; and\n(b) includes a service provided by a health practitioner in the\npractitioner’s capacity as a health practitioner.\nhearing, for a review, for chapter 8 (Criminal matters—discipline at\nhigh risk employment, for part 21.4 (Employment of children and\nyoung people under 15 years old)—see section 794.\nindependent legal representative, for a child or young person, for\ndivision 16A.4.3 (Children and young people in review\napplications)—see section 635N.\ninformation, for chapter 25 (Information secrecy and sharing)—see\n\ninformation holder, for chapter 25 (Information secrecy and\nsharing)—see section 843.\ninformation sharing entity, for part 25.3 (Sharing protected\ninformation)—see section 859 (1).\ninformation sharing standards—see section 887 (2) (j).\nin intensive therapy—see section 576.\ninitial review, for division 16.2.5 (Review of intensive therapy\norders)—see section 555 (2).\nin need of care and protection, for the care and protection chapters—\nsee section 345 (1).\nin need of emergency care and protection, for the care and protection\nchapters—see section 403.\nintensive therapy history, for a child or young person who has been\nconfined under an intensive therapy order—see section 537.\nintensive therapy order, for a child or young person—see\nsection 532.\nintensive therapy person, for chapter 16 (Care and protection—\nintensive therapy for children and young people)—see section 530.\nintensive therapy place—see section 535.\nintensive therapy register, for chapter 16 (Care and protection—\nintensive therapy for children and young people)—see\nsection 596 (1).\nintensive therapy standards—see section 887 (2) (e).\nintention to cancel notice—\n(a) for division 10.4.4 (Approved care and protection\norganisations—intervention)—see section 352Q; and\n(b) for chapter 20 (Childcare services)—see section 764 (2).\n\ninterim care and protection order, for chapter 14 (Care and\nprotection—care and protection orders)—see section 433 (1).\ninterim child welfare order, for chapter 17 (Care and protection—\ninterstate transfer of orders and proceedings)—see section 661 (1).\ninterim intensive therapy order, for a child or young person—see\nsection 543.\ninternally reviewable decision, for chapter 16A (Care and\ninternal reviewer, for chapter 16A (Care and protection—notification\nand review of certain decisions)—see section 635E (1).\ninternal review notice, for chapter 16A (Care and protection—\nnotification and review of certain decisions)—see the ACT Civil and\nAdministrative Tribunal Act 2008, section 67B (1).\ninterstate care and protection report—see section 845 (2), definition\nof interstate care and protection information, paragraph (a).\ninterstate child welfare order—see section 666 (1).\ninterstate law, for chapter 17 (Care and protection—interstate\ntransfer of orders and proceedings)—see section 641 (1).\ninterstate leave permit—see section 242 (1).\ninterstate officer, for chapter 17 (Care and protection—interstate\ntransfer of orders and proceedings)—see section 642 (1).\ninterstate proceedings transfer order—see section 672 (1).\ninvestigative entity means an entity with power to require the\nproduction of documents or the answering of questions including, for\nexample, the chief police officer, the human rights commission, the\npublic advocate, the Aboriginal and Torres Strait Islander children\nand young people commissioner, the ombudsman and the integrity\ncommission.\n\ninvestigator, for part 8.2 (Responding to behaviour breaches)—see\nsection 291.\nkinship carer, for a child or young person—see section 516 (2).\nlicensed childcare service, for chapter 20 (Childcare services)—see\nlicensed proprietor, of a childcare service, for chapter 20 (Childcare\nservices)—see section 728 (2).\nlight work, for part 21.4 (Employment of children and young people\nunder 15 years old)—see section 793.\nlitigation guardian, for a child or young person, for part 16A.4\n(ACAT procedural matters)—see section 635J.\nlong-term care responsibility, for a child or young person—see\nsection 20.\nlong-term parental responsibility provision, for the care and\nprotection chapters—see section 479.\nmail means postal mail.\nmandatory report—see section 356 (1) (e).\nmental disorder—see the Mental Health Act 2015, section 9.\nmental illness—see the Mental Health Act 2015, section 10.\nMinister of a State, for part 5.2 (Interstate transfers)—see\nsection 114.\nminor behaviour breach, for chapter 8 (Criminal matters—discipline\nat detention places)—see section 288.\nnominated person, for a young detainee—see section 185 (2) (n).\nnoncompliance direction, for division 10.4.4 (Approved care and\nprotection organisations—intervention)—see section 352O.\nnoncompliance notice, for division 10.4.4 (Approved care and\nprotection organisations—intervention)—see section 352N.\n\nnoncompliant, for an approved care and protection organisation, for\ndivision 10.4.3 (Approved care and protection organisations—\ncomplaints)—see section 352G.\nnon-treating doctor—\n(a) for chapter 6 (Criminal matters—detention places)—see\nsection 137; and\nnon-treating health practitioner, for the criminal matters chapters—\nsee section 98.\nnon-treating nurse—\n(a) for part 6.7 (Alcohol and drug testing)—see section 235; and\noccupier, for chapter 23 (Enforcement)—see section 812.\noffence—\n(a) includes an offence against a Commonwealth law; and\n(b) for chapter 23 (Enforcement)—see section 812.\nofficial visitor, for a visitable place—see the Official Visitor\nAct 2012, section 6.\nongoing review, for division 16.2.5 (Review of intensive therapy\norders)—see section 556 (2).\noperating entity, for a detention place, intensive therapy place or\nplace of care, means—\n(a) if the Territory operates the place—the director-general; or\n(b) in any other case—the entity that operates the place.\n\noperating procedure, for chapter 6 (Criminal matters—detention\nplaces) and chapter 7 (Criminal matters—search and seizure at\ndetention places) means an operating procedure made by the\ndirector-general under section 143.\norder, for chapter 24 (Appeals and review), includes a decision.\nordinary search, for chapter 7 (Criminal matters—search and seizure\nat detention places)—see section 246.\norganisation—see section 352A.\nout-of-home carer, for a child or young person—see section 508.\nout-of-home care standards—see section 887 (2) (d).\nowner, of a thing—\n(a) for part 7.9 (Seizing property)—see section 279; and\n(b) for division 16.3.4 (Searches and seizure)—see section 582.\nparent—see section 16 (2).\nparental responsibility—see section 15.\nparental responsibility provision, for the care and protection\nchapters—see section 474.\nparticipant, for chapter 3 (Family group conferences)—see\nsection 73.\nparticipating state—for chapter 17 (Care and protection—interstate\ntransfer of orders and proceedings)—see section 637.\nparties—\n(a) for a family group conference, for this Act generally—see\nsection 73; and\n(b) for an application, for the care and protection chapters—see\nsection 700 (1).\n\nparty, for chapter 12 (Care and protection—voluntary agreements to\ntransfer or share parental responsibility)—see section 396 (1).\npersonal items, for a child, young person or young adult—\n(a) means—\n(i) any of the following items belonging to, or about, the child,\nyoung person or young adult:\n(A) a birth certificate;\n(B) a passport;\n(C) a school report or other report relating to the child’s,\nyoung person’s or young adult’s education;\n(D) a medical report;\n(E) a copy of a photograph; and\n(ii) anything else prescribed by regulation; but\n(b) does not include sensitive information about another person.\nNote Sensitive information—see s 845.\nperson responsible, for a young offender, for part 5.2 (Interstate\ntransfers)—see section 114.\nplace includes premises.\nplacement, for a child or young person, for division 15.4.3\n(Information and items to be kept by foster carers and residential care\nservices)—see section 526.\nplace of care means a place approved as a place of care under\nsection 525.\npositive test sample, for part 6.7 (Alcohol and drug testing)—see\nsection 236.\n\npossession, of a thing, includes the following:\n(a) receiving or obtaining possession of the thing;\n(b) having control over the disposition of the thing (whether or not\nhaving custody of the thing);\n(c) having joint possession of the thing.\nprenatal report—see section 362 (2).\nprevious out-of-home carer, for a person, for part 15.5 (Transition\nfrom out-of-home care)—see section 529BA.\nprivilege, for chapter 8 (Criminal matters—discipline at detention\nplaces)—see section 289.\nprivileged, in relation to material, for chapter 7 (Criminal matters—\nsearch and seizure at detention places)—see section 246.\nproduce, for part 25.4 (Courts and investigative entities)—see\nsection 864.\nprohibited area, for a criminal matters chapter, means a place\ndeclared by the director-general as a prohibited area under\nsection 147.\nprohibited thing—\n(a) for chapter 6 (Criminal matters—detention places)—see\nsection 137; and\nproposed controlling person, for a childcare service, for chapter 20\n(Childcare services)—see section 728.\nproposed proprietor, for a childcare service, for chapter 20 (Childcare\nservices)—see section 728.\nproprietor, of a childcare service, for chapter 20 (Childcare\nservices)—see section 735.\n\nprotected information—see section 844 (1).\nprotection order—see section 458.\nprovision, in a care and protection order, for chapter 14 (Care and\nprotection—care and protection orders)—see section 421.\nreceiving State, for part 5.2 (Interstate transfers)—see section 114.\nreferral, of a child or young person, for chapter 14A (Care and\nprotection—therapeutic support panel for children and young\npeople)—see section 501A.\nreferring entity, for chapter 14A (Care and protection—therapeutic\nsupport panel for children and young people)—see section 501A.\nregistered, for a family group conference agreement, for Chapter 12\n(Care and protection—voluntary agreements to transfer or share\nparental responsibility)—see section 389 (2).\nregister of young detainees, for chapter 6 (Criminal matters—\ndetention places)—see section 137.\nrelevant Act, for division 14.3.5 (Protection orders)—see\nsection 458.\nrelevant conference participant, for a family group conference about\na child or young person—see section 73.\nrelevant presiding officer, for division 8.4.4 (Disciplinary action\ngenerally)—see section 316.\nreportable conduct information, for division 25.3.3 (Sharing\nreportable conduct information)—see section 863A (1).\nreporting and investigation procedures means the procedures made\nby the director-general under section 294.\nrepresentative, for a child or young person, means a lawyer or other\nperson representing the child or young person, but does not include a\nchild or young person who represents themself.\n\nrequirement notice, for part 2.4 (Suitable entities for purposes under\nAct)—see section 68.\nresearcher, for a research project, for chapter 22 (Research involving\nchildren and young people)—see section 805.\nresearch project, for chapter 22 (Research involving children and\nyoung people)—see section 806.\nresearch standards—see section 887 (2) (i).\nresidence provision, for the care and protection chapters—see\nsection 484.\nresidential care service—see section 520 (2).\nresponsible person—\n(a) for an approved care and protection organisation, for part 10.4\n(Approved care and protection organisations)—see\nsection 352D; and\n(b) for a childcare service, for chapter 20 (Childcare services)—see\nsection 738.\nreview, for chapter 8 (Criminal matters—discipline at detention\nplaces)—see section 286.\nreviewable care and protection order, for chapter 14 (Care and\nprotection—care and protection orders)—see section 493.\nreviewable decision—\n(a) for chapter 16A (Care and protection—notification and review\nof certain decisions)—see section 635A; and\n(b) for division 24.1.3 (Notification and review of decisions)—see\nsection 839.\nreview application, for part 16A.4 (ACAT procedural matters)—see\nsection 635J.\n\nreview officer—\n(a) for division 8.4.2 (Internal review)—see section 303; and\n(b) for chapter 9 (Criminal matters—conduct of disciplinary\nreviews)—see section 322.\nrisk assessment, for a child or young person, for chapter 16 (Care and\nprotection—intensive therapy for children and young people)—see\nsection 534 (1).\nsafe custody warrant—see section 684.\nsafe room segregation direction, for division 6.6.3 (Segregation)—\nsee section 204.\nsafety and wellbeing information, for division 25.3.2 (Sharing\nsafety and wellbeing information)—see section 858.\nscanning search, for chapter 7 (Criminal matters—search and seizure\nat detention places)—see section 246.\nschool means—\n(a) a government or non-government school under the Education\nAct 2004; or\n(b) an educational institution conducted by the Canberra Institute of\nTechnology.\nsecure mental health facility—see the Mental Health (Secure\nFacilities) Act 2016, section 7.\nsecurity classification, for chapter 6 (Criminal matters—detention\nsegregation, for division 6.6.3 (Segregation)—see section 204.\nsegregation direction—\n(a) for division 6.6.3 (Segregation)—see section 204; but\n(b) for subdivision 6.6.3.4 (Review of certain segregation\ndirections)—see section 216.\n\nsending State—\n(a) for part 5.2 (Interstate transfers)—see section 114; and\n(b) for chapter 17 (Care and protection—interstate transfer of orders\nand proceedings)—see section 637.\nsensitive information—see section 845.\nshort-term parental responsibility provision, in a care and protection\norder, for the care and protection chapters—see section 476.\nsibling, of a child or young person, includes a stepbrother or stepsister\nof the child or young person and a half-brother or half-sister of the\nsignificant harm—see section 344.\nsignificant person, for a child or young person—see section 14.\nspecific issues provision—see section 492.\nspecific parental authority—\n(a) for a kinship carer—see section 516 (2); or\n(b) for a foster carer—see section 518 (2).\nstability proposal, for a child or young person—see section 456.\nState—\n(a) for chapter 17 (Care and protection—interstate transfer of orders\nand proceedings)—see section 637; and\n(b) for chapter 25 (Information secrecy and sharing) see\nState Childrens Court, for chapter 17 (Care and protection—\ninterstate transfer of orders and proceedings)—see section 637.\nstrip search, for chapter 7 (Criminal matters—search and seizure at\ndetention places)—see section 246.\nsuitability information—see section 65.\n\nsuitability information notice, for part 2.4 (Suitable entities for\npurposes under Act)—see section 66 (2).\nsuitable entities register, for part 2.4 (Suitable entities for purposes\nunder the Act)—see section 72.\nsuitable entity, for a stated purpose—see section 61.\nsupervision provision, for the care and protection chapters—see\nsection 489.\nsupport person, of an accused detainee—\n(a) for chapter 8 (Criminal matters—discipline at detention\nplaces)—see section 286; and\n(b) for chapter 9 (Criminal matters—conduct of disciplinary\nreviews)—see section 286.\ntemporary parental responsibility provision, in the care and\nprotection chapters—see section 373.\ntest sample, for part 6.7 (Alcohol and drug testing)—see section 235.\ntherapeutic support panel means the Therapeutic Support Panel for\nChildren and Young People established under section 501B.\ntherapy plan, for a child or young person for whom the\ndirector-general has applied for an intensive therapy order—see\nsection 536.\ntherapy transition plan, for a child or young person, for chapter 16\n(Care and protection—intensive therapy for children and young\npeople)—see section 538.\ntransfer agreement, for part 5.2 (Interstate transfers)—see\nsection 115.\ntransfer arrangement, means a transfer arrangement under\nsection 116 (Transfer arrangements—general) or, if the transfer\narrangement has been amended by another transfer arrangement\nunder that section, the transfer arrangement as amended.\n\ntransfer escort, for part 5.2 (Interstate transfers)—see section 114.\ntransfer order—for part 5.2 (Interstate transfers)—see section 120.\ntransition plan, for a young person or young adult—see\nsection 529C.\ntreating doctor, for the criminal matters chapters—see section 97.\nvisitable place—see section 37.\nvisiting conditions, for chapter 6 (Criminal matters—detention\nvisitor, for chapter 6 (Criminal matters—detention places)—see\nsection 137.\nvoluntary care agreement—see section 394.\nvoluntary report—see section 354 (2).\nwaiver order, for part 14.13 (Annual review reports—parental\nresponsibility provisions and supervision provisions)—see\nsection 498 (1).\nwelfare body, for chapter 17 (Care and protection—interstate transfer\nof orders and proceedings)—see section 637.\nwork experience, for chapter 21 (Employment of children and young\npeople)—see section 780.\nwork experience standards—see section 887 (2) (h).\nWorking with Vulnerable People Act means the Working with\nVulnerable People (Background Checking) Act 2011.\nyoung adult, for part 15.5 (Transition from out-of-home care)—see\nsection 529B.\nyoung detainee—see section 95.\n\nyoung offender means—\n(a) a person who—\n(i) has been convicted or found guilty of an offence by a court;\nand\n(ii) was under 18 years old when the offence was committed;\nbut\n(b) for part 5.2 (Interstate transfers)—see section 114.\nyoung person—see section 12.\nyoung remandee, for chapter 6 (Criminal matters—detention\nyouth detention officer, for the criminal matters chapters—see\nsection 96.\nyouth detention policy, for chapter 6 (Criminal matters—detention\nyouth justice principles, for the criminal matters chapters—see\nsection 94.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nChildren and Young People Act 2008 A2008-19\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nss 3-14, ss 21-26, ch 4 (ss 91-100), ch 5 (ss 101-135),\nch 6 (ss 136-245), ch 7 (ss 246-284), ch 8 (ss 285-320),\nch 9 (ss 321-335), s 878, ss 882-886, s 888, s 889, sch 1 pt 1.1 and\ndict commenced 9 September 2008 (s 2 and CN2008-13)\nss 15-20, ss 37-72, ch 3 (ss 73-90), ch 10 (ss 336-352),\nch 11 (ss 353-388), ch 12 (ss 389-402), ch 13 (ss 403-420),\nch 14 (ss 421-501), ch 15 (ss 502-529), ch 16 (ss 530-635),\nch 17 (ss 636-678), ch 18 (ss 679-694), ch 19 (ss 695-727),\nch 23 (ss 812-834), ch 24 (ss 835-840), ss 841-854, ss 856-875, s 881\nand s 887 commenced 27 October 2008 (s 2 and CN2008-13)\nss 27-36, ch 20 (ss 728-778), ch 22 (ss 805-811), s 855, s 876, s 877,\ns 879, s 880, sch 1 pts 1.2-1.8 commenced 27 February 2009 (s 2 and\nCN2008-17 (and see CN2008-13))\nch 21 (ss 779-804) commenced 17 July 2009 (s 2 (3))\nch 27 (ss 890-975) commenced 9 September 2008 (LA s 79A and\nA2008-20)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 1 pt 1.1\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 17 July 2008 (s 2 (2) and see Children and\nYoung People Act 2008 A2008-19, s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.9\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.9 commenced 2 February 2009 (s 2 (2) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.2\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.2 amendments ineffective but done editorially under LA\nas modified by\nChildren and Young People (Transitional Provisions) Regulation 2009\nSL2009-4 s 4\nnotified LR 26 February 2009\ns 1, s 2 commenced 26 February 2009 (LA s 75 (1))\ns 4 commenced 27 February 2009 (s 2)\nChildren and Young People Amendment Act 2009 A2009-17\nnotified LR 30 June 2009\ns 1, s 2 commenced 30 June 2009 (LA s 75 (1))\nremainder commenced 17 July 2009 (s 2 and see Children and Young\nPeople Act 2008 A2008-19 s 2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.12\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.12 commenced 22 September 2009 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.1\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51 s 2 (1) (b) and CN2009-11)\nAdoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.2\nnotified LR 22 October 2009\ns 1, s 2 commenced 22 October 2009 (LA s 75 (1))\nsch 1 pt 1.2 commenced 22 April 2010 (s 2 and LA s 79)\nEducation (Participation) Amendment Act 2009 A2009-40 sch 1 pt 1.1\nnotified LR 17 November 2009\ns 1, s 2 commenced 17 November 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 January 2010 (s 2)\n\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 1 pt 1.3,\nsch 3 pt 3.8\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 1 pt 1.3, sch 3 pt 3.8 commenced 17 December 2009 (s 2)\nHealth Legislation Amendment Act 2010 A2010-2 sch 1 pt 1.1\nnotified LR 16 February 2010\ns 1, s 2 commenced 16 February 2010 (LA s 75 (1))\nsch 1 pt 1.1 commenced 16 August 2010 (s 2 and LA s 79)\nChildren and Young People Amendment Act 2010 A2010-9\nnotified LR 4 March 2010\ns 1, s 2 commenced 4 March 2010 (LA s 75 (1))\nremainder commenced 5 March 2010 (s 2)\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.2\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 July 2010 (s 2 (1) (a))\nStatute Law Amendment Act 2010 A2010-18 sch 1 pt 1.3\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 1 pt 1.3 commenced 3 June 2010 (s 2)\nChildren and Young People Amendment Act 2010 (No 2) A2010-38\nnotified LR 29 September 2010\ns 1, s 2 commenced 29 September 2010 (LA s 75 (1))\nremainder commenced 30 September 2010 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.1\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.1 commenced 2 November 2010 (s 2 (2))\n\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.4\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nChildren and Young People (Death Review) Amendment Act 2011\nA2011-9\nnotified LR 17 March 2011\ns 1, s 2 commenced 17 March 2011 (LA s 75 (1))\nremainder commenced 17 September 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.25\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\namdt 1.89, amdt 1.90 commenced 17 September 2011 (s 2 (2) and see\nChildren and Young People (Death Review) Amendment Act 2011\nA2011-9, s 2 and LA s 79)\nsch 1 pt 1.25 remainder commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.5\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.5 commenced 21 September 2011 (s 2 (1))\nChildren and Young People (Education and Care Services National\nLaw) Consequential Amendment Act 2011 A2011-43\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nremainder commenced 1 January 2012 (s 2 and see Education and\nCare Services National Law (ACT) Act 2011 A2011-42, s 2 and\nCN2011-16)\nWorking with Vulnerable People (Consequential Amendments)\nAct 2011 A2011-45 sch 1 pt 1.2\nnotified LR 8 November 2011\ns 1, s 2 commenced 8 November 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 8 November 2012 (s 2 and see Working with\nVulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))\n\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.8\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.1\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nChildren and Young People (Transition from Out-of-Home Care)\nAmendment Act 2012 A2012-3\nnotified LR 29 February 2012\ns 1, s 2 commenced 29 February 2012 (LA s 75 (1))\nremainder commenced 1 March 2012 (s 2)\nOfficial Visitor Act 2012 A2012-33 sch 1 pt 1.1\nnotified LR 15 June 2012\ns 1, s 2 commenced 15 June 2012 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2013 (s 2 as am by Official\nVisitor Amendment Act 2013 A2013-22 s 4)\nChildren and Young People Amendment Act 2013 A2013-10\nnotified LR 27 March 2013\ns 1, s 2 commenced 27 March 2013 (LA s 75 (1))\nremainder commenced 28 March 2013 (s 2)\nChildren and Young People Amendment Act 2013 (No 2) A2013-21\nnotified LR 13 June 2013\ns 1, s 2 commenced 13 June 2013 (LA s 75 (1))\nremainder commenced 13 July 2013 (s 2)\nOfficial Visitor Amendment Act 2013 A2013-22 sch 1 pt 1.1\nnotified LR 17 June 2013\ns 1, s 2 commenced 17 June 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2013 (s 2 and see Official\nVisitor Act 2012 A2012-33 s 2 as amended by this Act)\n\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.2\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.2 commenced 25 November 2013 (s 2)\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.4\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.4 commenced 20 November 2014 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.3\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.3 commenced 17 November 2014 (s 2)\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.1 (as am by A2015-38 amdt 2.54)\nnotified LR 12 November 2014\ns 1, s 2 commenced 12 November 2014 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 March 2016 (s 2 (as am by Mental Health\nAct 2015 A2015-38 amdt 2.54))\nCrimes Legislation Amendment Act 2015 A2015-3 pt 2\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\npt 2 commenced 3 March 2015 (s 2 (1))\nChildren and Young People Amendment Act 2015 A2015-13\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nremainder commenced 21 May 2015 (s 2 (1))\nChildren and Young People Amendment Act 2015 (No 2) A2015-22\nnotified LR 16 June 2015\ns 1, s 2 commenced 16 June 2015 (LA s 75 (1))\nremainder commenced 1 July 2015 (s 2)\n\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.1\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 December 2015 (s 2 (1) and CN2015-22)\nCorrections Management Amendment Act 2015 A2015-37 s 8\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75 (1))\ns 8 commenced 2 October 2015 (s 2 (1))\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.2\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nsch 2 pt 2.4 div 2.4.2 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nNote Sch 2 pt 2.2 (amdt 2.54) only amends the Mental Health\n(Treatment and Care) Amendment Act 2014 A2014-51\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 sch 1 pt 1.1\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.1 amdt 1.1 commenced 4 May 2016 (s 2 (2))\nsch 1 pt 1.1 amdt 1.2 commenced 5 November 2015 (s 2 (1))\nChildren and Young People Amendment Act 2015 (No 3) A2015-46\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nremainder commenced 1 January 2016 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.5\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.5 commenced 9 December 2015 (s 2)\nJustice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.2\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 29 August 2016 (s 2 and LA s 79)\n\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.7\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 April 2016 (s 2 and see Protection of Rights\n(Services) Legislation Amendment Act 2016 A2016-1 s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 2 pt 2.2, sch 3 pt 3.11\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 2 pt 2.2, sch 3 pt 3.11 commenced 27 April 2016 (s 2)\nSmoke-Free Legislation Amendment Act 2016 A2016-20 sch 1 pt 1.1\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 August 2016 (s 2 and CN2016-13)\nMental Health Amendment Act 2016 A2016-32 sch 1 pt 1.1\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 21 June 2016 (s 2 (1))\nChildren and Young People Legislation Amendment Act 2016\nA2016-38 pt 3\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\npt 3 commenced 23 June 2016 (s 2)\nReportable Conduct and Information Sharing Legislation Amendment\nAct 2016 A2016-39 pt 2\nnotified LR 17 August 2016\ns 1, s 2 commenced 17 August 2016 (LA s 75 (1))\ns 5, s 6 commenced 1 July 2017 (s 2 (2) and CN2017-2)\npt 2 remainder commenced 18 August 2016 (s 2 (1))\n\nFamily Violence Act 2016 A2016-42 sch 2 pt 2.2, sch 3 pt 3.2 (as am\nby A2017-10 s 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 2 pt 2.2, sch 3 pt 3.2 commenced 1 May 2017 (s 2 (2) as am by\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.11\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 September 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.2 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.2 commenced 1 January 2018 (s 2 as am byJustice and\nCommunity Safety Legislation Amendment Act 2017 (No 2) A2017-14\ns 19)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nInspector of Correctional Services Act 2017 A2017-47 sch 1 pt 1.1\nnotified LR 7 December 2017\ns 1, s 2 commenced 7 December 2017 (LA s 75 (1))\nsch 1 pt 1.1 commenced 7 December 2019 (s 2 (3))\n\nReportable Conduct and Information Sharing Legislation Amendment\nAct 2017 A2017-48 pt 2\nnotified LR 12 December 2017\ns 1, s 2 commenced 12 December 2017 (LA s 75 (1))\npt 2 commenced 13 December 2017 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 4\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 4 commenced 26 April 2018 (s 2)\nChildren and Young People Amendment Act 2018 A2018-24\nnotified LR 8 August 2018\ns 1, s 2 commenced 8 August 2018 (LA s 75 (1))\nremainder commenced 9 August 2018 (s 2)\nProstitution Amendment Act 2018 A2018-25 sch 1 pt 1.1\nnotified LR 8 August 2018\ns 1, s 2 commenced 8 August 2018 (LA s 75 (1))\nsch 1 pt 1.1 commenced 9 August 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.3\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.3 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.6\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.6 commenced 22 November 2018 (s 2 (1))\nRoyal Commission Criminal Justice Legislation Amendment Act 2018\nA2018-46 sch 1 pt 1.1\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\nsch 1 pt 1.1 commenced 5 December 2018 (s 2)\n\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.2 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nRoyal Commission Criminal Justice Legislation Amendment Act 2019\nA2019-6 pt 2\nnotified LR 27 March 2019\ns 1, s 2 commenced 27 March 2019 (LA s 75 (1))\ns 3 commenced 28 March 2019 (LA s 75AA)\npt 2 commenced 1 September 2019 (s 2 (2) and CN2019-15)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nOfficial Visitor Amendment Act 2019 A2019-29 sch 1 pt 1.1\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\nsch 1 pt 1.1 commenced 3 October 2019 (s 2 (2))\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.5\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.5 commenced 14 November 2019 (s 2 (1))\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.1\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 8 April 2020 (s 2 (1))\n\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.3, amdt 1.142\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.3, amdt 1.142 commenced 14 May 2020 (s 2 (1))\nNote This Act also amends the Working with Vulnerable People\n(Background Checking) Amendment Act 2020 A2020-29.\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2020 A2020-29 sch 1 pt 1.2\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 February 2021 (s 2 (a) and see Working\nwith Vulnerable People (Background Checking) Amendment Act 2019\nA2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 4\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 4 commenced 14 October 2021 (s 2 (1))\nEducation Amendment Act 2022 A2022-10 sch 1 pt 1.2\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\nsch 1 pt 1.2 commenced 20 December 2022 (s 2)\nFamily Violence Legislation Amendment Act 2022 A2022-13 sch 1\npt 1.1\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 1 pt 1.1 commenced 17 August 2022 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.6\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.6 commenced 24 August 2022 (s 2)\n\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022 A2022-25 sch 1 pt 1.1\nnotified LR 14 December 2022\ns 1, s 2 commenced 14 December 2022 (LA s 75 (1))\nsch 1 pt 1.1 commenced 15 December 2022 (s 2)\nDiscrimination Amendment Act 2023 A2023-7 sch 1 pt 1.1\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 11 April 2024 (s 2)\nBackground Checking Legislation Amendment Act 2023 A2023-12\npt 2\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 2 commenced 12 April 2023 (s 2)\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 2, sch 1 pt 1.1\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 2, sch 1 pt 1.1 commenced 27 March 2024 (s 2 (2) (a))\nChildren and Young People Amendment Act 2023 A2023-49 (as am\nby A2024-3 s 4)\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nremainder commenced 1 July 2024 (s 2 (2) as am by A2024-3 s 4)\nChildren and Young People Amendment Act 2024 A2024-3\nnotified LR 19 February 2024\ns 1, s 2 commenced 19 February 2024 (LA s 75 (1))\nremainder commenced 20 February 2024 (s 2)\nNote This Act only amends the Children and Young People\nAmendment Act 2023 A2023-49.\nEducation and Care Services National Law (ACT) Amendment\nAct 2024 A2024-33 sch 1 pt 1.1\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.1 commenced 11 July 2024 (s 2 (1))\n\nChildren and Young People Amendment Act 2024 (No 2) A2024-34\npt 2\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\ns 5, s 21, s 22, ss 32-35, s 37, s 38 commenced 1 July 2025 (s 2 (2))\npt 2 remainder commenced 11 July 2024 (s 2 (1))\nMonitoring of Places of Detention Legislation Amendment Act 2024\nA2024-41 sch 1 pt 1.2\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\nsch 1 pt 1.2 commenced 18 September 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.14, sch 4\npt 4.26\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.14, sch 4 pt 4.26 commenced 16 November 2025 (s 2 (1),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2011-28 amdt 3.20\nApplication of Act to children and young people etc\ns 6 am A2023-49 s 4\nMain objects of Act\ns 7 am A2023-49 ss 5-9\nAboriginal and Torres Strait Islander children and young people—placement\nprinciples\ns 10 am A2011-22 amdt 1.87; A2013-44 amdt 3.12\nsub A2023-49 s 10\nAboriginal and Torres Strait Islander children and young people—other\nprinciples\ns 10A ins A2023-49 s 10\nWho is a significant person for a child or young person?\ns 14 am A2011-22 amdt 1.87\nAspects of parental responsibility may be transferred\ns 17 am A2016-38 s 7; A2018-24 s 4\nAspects of parental responsibility may be shared\ns 18 am A2011-22 amdt 1.87, amdt 1.88; A2016-38 s 8; A2018-24\ns 5\nDaily care responsibility for children and young people\ns 19 am A2010-10 amdt 2.13; A2010-38 s 4, s 5; A2011-22\namdt 1.88; A2011-28 amdt 3.21; A2015-29 amdt 2.1\nLong-term care responsibility for children and young people\ns 20 am A2010-10 amdt 2.13; A2011-22 amdt 1.88; A2015-29\namdt 2.2\nDirector-general\npt 2.1 hdg am A2011-22 amdt 1.87\nDirector-general’s functions\ns 22 hdg am A2011-22 amdt 1.88\ns 22 am A2011-22 amdt 1.87, amdt 1.88; A2023-45 s 5, s 6; pars\nrenum R90 LA; A2023-49 s 11, s 12\nDirector-general instructions\ns 23 hdg am A2011-22 amdt 1.87\ns 23 am A2011-22 amdt 1.87\n\nMinisterial directions to director-general\ns 24 hdg am A2011-22 amdt 1.87\ns 24 am A2011-22 amdt 1.87; A2013-44 amdt 3.13; A2025-29 amdt\n4.26\nDirector-general charters\ns 24A ins A2024-34 s 4\nDirector-general may ask for assistance, etc\ns 25 hdg am A2011-22 amdt 1.87\ns 25 am A2011-22 amdt 1.87; A2014-48 amdt 1.7\nDirector-general must give identity cards\ns 26 hdg am A2011-22 amdt 1.87\ns 26 ss (6)-(8) exp 9 September 2008 (s 26 (8))\nam A2011-22 amdt 1.87; A2016-38 s 9; ss renum R51 LA;\nA2018-24 s 6; A2022-14 amdt 3.19\nChildren and Youth Services Council\npt 2.2 hdg sub A2015-46 s 4\nEstablishment of council\ns 27 sub A2015-46 s 4\nCouncil members\ns 28 sub A2015-46 s 4\nAppointment of council members\ns 30 am A2013-44 amdt 3.14\nAdvice and assistance by director-general and public advocate\ns 36 hdg am A2011-22 amdt 1.87\ns 36 am A2011-22 amdt 1.87\nOfficial visitors\npt 2.3 hdg sub A2012-33 amdt 1.1\npt 2.3 hdg note am A2013-22 amdt 1.1\nMeaning of entitled person and visitable place\ns 37 sub A2012-33 amdt 1.1\nam A2023-45 amdt 1.1\nAppointment of official visitors—additional suitability requirement\ns 38 sub A2012-33 amdt 1.1\nam A2019-29 amdt 1.1\nRequest for sensitive information by official visitors\ns 39 am A2011-22 amdt 1.87\nsub A2012-33 amdt 1.1\nam A2019-29 amdt 1.2\n\nFrequency of visits by official visitors\ns 40 sub A2012-33 amdt 1.1\nom A2013-22 amdt 1.2\nOfficial visitors—reporting to director-general\ns 41 hdg am A2011-22 amdt 1.87\ns 41 am A2011-22 amdt 1.87\nEnding appointment of official visitors\ns 42 om A2012-33 amdt 1.1\nComplaints guidelines\ns 43 om A2012-33 amdt 1.1\nComplaints to official visitors\ns 44 om A2012-33 amdt 1.1\nRequests to see official visitor\ns 45 om A2012-33 amdt 1.1\nNotice of complaints\ns 46 am A2011-22 amdt 1.87\nOfficial visitors must try to resolve complaints\ns 47 am A2011-22 amdt 1.87\nWithdrawal of complaints\ns 48 om A2012-33 amdt 1.1\nComplaints may be closed—referral to other entity\ns 49 om A2012-33 amdt 1.1\nComplaints may be closed—other entity investigating\ns 50 om A2012-33 amdt 1.1\nComplaints closed—frivolous, etc\ns 51 om A2012-33 amdt 1.1\nComplaints closed—resolved\ns 52 om A2012-33 amdt 1.1\nComplaints closed—complainant left detention etc\ns 53 om A2012-33 amdt 1.1\nComplainant must be told if complaint closed\ns 54 om A2012-33 amdt 1.1\nInformation about complaints being investigated elsewhere\ns 55 om A2012-33 amdt 1.1\n\nReopening complaints\ns 56 om A2012-33 amdt 1.1\nOther matters of concern—referral to other entity\ns 57 am A2011-22 amdt 1.87\nMonthly reports by official visitors\ns 58 am A2011-22 amdt 1.87\nHandover of records by official visitors\ns 59 om A2012-33 amdt 1.1\nWho is a suitable entity?\ns 61 am A2011-22 amdt 1.87; A2015-22 s 4; A2015-46 s 5\nEntity may apply to be suitable entity for purpose\ns 62 am A2011-22 amdt 1.87; A2015-22 s 5; A2025-29 amdt 4.26\nDirector-general may approve suitable entity for purpose\ns 63 hdg am A2011-22 amdt 1.87\ns 63 am A2011-22 amdt 1.87; A2011-45 amdt 1.21; A2015-46 s 6;\nss renum R45 LA\nDirector-general must consider suitability information, etc\ns 64 hdg am A2011-22 amdt 1.87\ns 64 am A2011-22 amdt 1.87; A2015-22 s 6\nWhat is suitability information?\ns 65 am A2011-22 amdt 1.87; A2023-49 s 13\nDirector-general may require suitability information\ns 66 hdg am A2011-22 amdt 1.87\ns 66 am A2011-22 amdt 1.87\nDirector-general need not decide suitability if information not provided\ns 67 hdg am A2011-22 amdt 1.87\ns 67 am A2011-22 amdt 1.87\nDirector-general may require test etc\ns 68 hdg am A2011-22 amdt 1.87\ns 68 am A2011-22 amdt 1.87; A2013-44 amdt 3.15\nDirector-general need not decide suitability if test not taken, etc\ns 69 hdg am A2011-22 amdt 1.87\ns 69 am A2011-22 amdt 1.87\nOffence—ongoing duty to update suitability information\ns 70 am A2010-18 amdt 1.6, amdt 1.7; A2011-22 amdt 1.87;\nA2015-50 amdt 3.14\n\nDirector-general may employ etc suitable entity\ns 71 hdg am A2011-22 amdt 1.87\ns 71 am A2011-22 amdt 1.87\nSuitable entities register\ns 72 am A2011-22 amdt 1.87; A2015-22 s 7\ns 73 def family group conference facilitator sub A2015-50\namdt 3.15\nFamily group conferences—objects\ns 74 am A2022-14 amdt 3.20\nWhat is a family group conference agreement?\ns 76 am A2009-40 amdt 1.9; A2011-22 amdt 1.87\nFamily group conference facilitators—appointment\ns 78 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nFamily group conference facilitators—functions\ns 79 am A2011-22 amdt 1.87\nFamily group conferences—criteria\ns 80 am A2011-22 amdt 1.87; A2022-14 amdt 3.21; A2023-49 s 14,\ns 15\nFamily group conferences—criteria for review conference\ns 81 am A2011-22 amdt 1.87\nFamily group conferences—facilitator to organise\ns 82 am A2011-22 amdt 1.87\nFamily group conferences—who must be invited\ns 83 am A2011-22 amdt 1.87; A2022-14 amdt 3.22\nFamily group conferences—parties reach agreement\ns 85 am A2009-40 amdt 1.9; A2011-22 amdt 1.87\nFamily group conferences—agreement of young person\ns 86 am A2009-40 amdt 1.1\nFamily group conferences—before family group conference agreement\ns 87 am A2009-40 amdt 1.9\nFamily group conferences—outcome report\ns 88 am A2011-22 amdt 1.87\nFamily group conference agreements—implementation\ns 90 am A2011-22 amdt 1.87\nYouth justice principles\ns 94 am A2019-42 amdt 3.6; A2022-14 amdts 3.23-3.26\n\nWho is a young detainee?\ns 95 am A2011-22 amdt 1.87, amdt 1.88\nWho is a youth detention officer?\ns 96 am A2011-22 amdt 1.87\nTreating doctors—health service appointments\ns 97 am A2011-22 amdt 1.87\nHealth practitioners—non-treating functions\ns 98 hdg sub A2015-29 amdt 2.3\ns 98 am A2010-10 amdt 2.2; A2011-22 amdt 1.87; A2015-29\namdt 2.4\nDirections to escort officers\ns 101 am A2011-22 amdt 1.87\nOrders to bring young detainee before court etc\ns 102 am A2011-22 amdt 1.87, amdt 1.88; A2015-3 s 4\nArrangements for escorting people\ns 103 am A2011-22 amdt 1.87\nEscort officer functions etc\ns 104 am A2011-22 amdt 1.87, amdt 1.88\nEscorting arrested person to court etc\ns 105 am A2022-14 amdt 3.27\nExecuting warrants of commitment or remand etc\ns 107 am A2011-22 amdt 1.87\nTransfers to health facilities\ns 109 am A2010-10 amdt 2.13; A2011-22 amdt 1.87; A2015-29\namdt 2.5; A2016-32 amdt 1.1\nTransfer to mental health facility—notice of change in status\ns 109A ins A2016-32 amdt 1.2\nTransfers to correctional centres—under 21 years old\ns 111 am A2011-22 amdt 1.87, amdt 1.88\nTransfers to correctional centres—21 year olds\ns 112 am A2011-22 amdt 1.87\nTransfer—notifying people responsible for or nominated by young detainees\ns 113 am A2011-22 amdt 1.87\nDefinitions—pt 5.2\ns 114 am A2023-45 s 8\ndef young offender am A2023-45 s 7\nGeneral agreements with other jurisdictions\ns 115 am A2011-28 amdt 3.46; A2025-29 amdt 4.26\n\nTransfer arrangements—general\ns 116 am A2011-22 amdt 1.87\nPower to arrange for transfers\ns 117 am A2011-22 amdt 1.87\nTransfer arrangements—facilities must be adequate\ns 118 am A2011-22 amdt 1.87\nCustody of person on transfer order\ns 120 am A2011-22 amdt 1.87\nCustody pending interstate transfer\ns 121 am A2011-22 amdt 1.87\nDirector-general may receive young offenders\ns 127 hdg am A2011-22 amdt 1.87\ns 127 am A2011-22 amdt 1.87\nLawful custody for transit through ACT\ns 128 am A2011-22 amdt 1.87\nRevocation of transfer order—offence during transfer\ns 133 am A2011-22 amdt 1.87\nRevocation of transfer order by director-general\ns 134 hdg am A2011-22 amdt 1.87\ns 134 am A2011-22 amdt 1.87\nDirector-general may consider reports etc\ns 135 hdg am A2011-22 amdt 1.87\ns 135 am A2011-22 amdt 1.87\nDefinitions—ch 6\ns 137 def accredited person am A2011-22 amdt 1.87; A2016-13\namdt 1.11; pars renum R47 LA; A2017-47 amdt 1.1; pars\nrenum R74 LA; A2022-25 amdt 1.1; pars renum R84 LA;\nA2024-41 amdt 1.2\ndef non-treating doctor am A2010-10 amdt 2.13; A2015-29\namdt 2.6\ndef youth detention policy am A2011-22 amdt 1.87\nDetention places—minimum living conditions\ns 141 am A2011-22 amdt 1.87; A2013-44 amdt 3.16\nDetention places—declaration\ns 142 am A2025-29 amdt 4.26\nYouth detention policies and operating procedures\ns 143 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\n\nExclusion of matters from notified youth detention policies etc\ns 144 am A2011-22 amdt 1.87; A2016-13 amdt 1.12; pars renum\nR47 LA; A2018-52 amdt 1.3; pars renum R73 LA;\nA2017-47 amdt 1.1; pars renum R74 LA; A2022-25 amdt 1.2;\npars renum R84 LA; A2024-41 amdt 1.2; A2025-29 amdt\n4.26\nCopies of Act, policies etc to be available for inspection at detention place\ns 145 am A2011-22 amdt 1.87\nDirector-general directions\ns 146 hdg am A2011-22 amdt 1.87\ns 146 am A2011-22 amdt 1.87\nProhibited areas\ns 147 am A2011-22 amdt 1.87\nProhibited things\ns 148 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nDeclaration of emergency\ns 149 am A2011-22 amdt 1.87; A2020-11 amdts 1.1-1.3\n(2A), (3A)-(3D), (8), (9) exp 8 April 2021 (s 149 (9))\nam A2021-24 ss 9-11\n(2A), (3A)-(3D), (8), (9) exp 29 September 2023 (s 149 (9))\nEmergency powers\ns 150 am A2011-22 amdt 1.87\nArrangements with police\ns 151 am A2011-22 amdt 1.87\nAssistance from other directors-general\ns 152 hdg sub A2011-22 amdt 1.81\nam A2011-22 amdt 1.87\nAccess to and inspection of detention places\npt 6.3 hdg sub A2017-47amdt 1.3\nInspections by judicial officers and Assembly members\ns 153 hdg sub A2017-47amdt 1.4\ns 153 am A2012-33 amdt 1.2; A2013-22 amdt 1.3; A2016-13\namdt 1.13; pars renum R47 LA; A2017-47 amdt 1.5;\nA2024-41 amdt 1.3\nAccess to detention places\ns 153A ins A2017-47 amdt 1.6\nam A2022-25 amdt 1.3\n\nRelationship with other inspection laws\ns 154 am A2011-22 amdt 1.87; A2017-47 amdt 1.7; A2024-41\namdt 1.4, amdt 1.5\nAuthority for detention\ns 156 am A2011-22 amdt 1.87\nDetention—notifying people responsible for or nominated by young\ns 157 am A2011-22 amdt 1.87\nIdentification of young detainees\ns 158 am A2011-22 amdt 1.87; A2013-44 amdt 3.17\nInformation—entitlements and obligations\ns 159 am A2011-22 amdt 1.87, amdt 1.88\nInitial assessment\ns 160 am A2011-22 amdt 1.87\nHealth assessment\ns 161 am A2010-10 amdt 2.13; A2011-22 amdt 1.87; A2015-38\namdt 2.65\nAlcohol and drug tests on admission\ns 162 am A2011-22 amdt 1.87\nSecurity classification\ns 163 am A2011-22 amdt 1.87\nCase management plan\ns 164 am A2011-22 amdt 1.87\nEntries in register of young detainees\ns 165 am A2011-22 amdt 1.87\nRequirements and considerations about placement and separation of young\ns 166 am A2011-22 amdt 1.87\nFood and drink\ns 167 am A2011-22 amdt 1.87\nClothing\ns 168 am A2011-22 amdt 1.87\nPersonal hygiene\ns 169 am A2011-22 amdt 1.87\nSleeping areas\ns 170 am A2011-22 amdt 1.87\nTreatment of convicted and non-convicted young detainees\ns 171 am A2011-22 amdt 1.87\n\nAccess to open air and exercise\ns 172 am A2011-22 amdt 1.87\nCommunication with family and others\ns 173 am A2011-22 amdt 1.87\nTelephone calls\ns 174 am A2011-22 amdt 1.87\nMail\ns 175 am A2011-22 amdt 1.87\nNews and education\ns 176 am A2011-22 amdt 1.87\nVisits by family members etc\ns 177 am A2011-22 amdt 1.87\nContact with accredited people\ns 178 am A2011-22 amdt 1.87\nVisits—protected communications\ns 179 am A2011-22 amdt 1.87; A2016-13 amdt 1.14; pars renum\nR47 LA; A2018-52 amdt 1.4; pars renum R73 LA;\nA2017-47 amdt 1.8; pars renum R74 LA; A2022-25 amdt 1.4;\npars renum R84 LA; A2024-41 amdt 1.6\nHealth care\ns 180 am A2010-10 amdt 2.13; A2011-22 amdt 1.87; A2015-29\namdt 2.7, amdt 2.8\nDirector-general’s consent to medical treatment for young detainees\ns 181 hdg am A2011-22 amdt 1.88\ns 181 am A2011-22 amdt 1.87\nInjury etc—notifying people responsible for or nominated by young\ns 182 am A2011-22 amdt 1.87\nReligious, spiritual and cultural needs\ns 183 am A2011-22 amdt 1.87; A2013-44 amdt 3.18\nCompliance with director-general’s directions\ns 184 hdg am A2011-22 amdt 1.88\ns 184 am A2011-22 amdt 1.87\nRegister of young detainees\ns 185 am A2011-22 amdt 1.87\nHealth reports\ns 186 am A2011-22 amdt 1.82, amdt 1.87, amdt 1.88; A2015-38\namdt 2.65\n\nUse of medicines\ns 187 am A2011-22 amdt 1.87\nCase management plans—scope etc\ns 188 am A2011-22 amdt 1.87\nTransgender and intersex young detainees—sexual identity\ns 189 am A2010-10 amdt 2.13; A2011-22 amdt 1.87\nSecurity classification—basis etc\ns 190 am A2011-22 amdt 1.87\nProperty of young detainees\ns 191 am A2011-22 amdt 1.87\nPossession of prohibited things\ns 192 am A2011-22 amdt 1.87\nMandatory reporting of threats to security etc at detention place\ns 193 am A2010-10 amdt 2.13; A2011-22 amdt 1.87; A2015-29\namdt 2.9; A2022-14 amdt 3.28\nTrust accounts of young detainees\ns 194 am A2011-22 amdt 1.87\nRegister of searches and uses of force\ns 195 am A2011-22 amdt 1.87, amdt 1.88; A2016-13 amdt 1.15;\npars renum R47 LA; A2017-47 amdt 1.9; pars renum R74 LA;\nA2024-41 amdt 1.6\nMonitoring—general considerations\ns 197 am A2011-22 amdt 1.87\nNotice of monitoring\ns 198 am A2011-22 amdt 1.87\nMonitoring at detention places\ns 199 am A2011-22 amdt 1.87\nMonitoring telephone calls etc\ns 200 am A2011-22 amdt 1.87; A2016-13 amdt 1.16; pars renum\nR47 LA; A2018-52 amdt 1.5; pars renum R73 LA;\nA2017-47 amdt 1.10; pars renum R74 LA; A2022-25\namdt 1.5; pars renum R84 LA; A2024-41 amdt 1.6\nMonitoring ordinary mail\ns 201 am A2011-22 amdt 1.87; A2016-13 amdt 1.17; pars renum\nR47 LA; A2018-52 amdt 1.6; pars renum R73 LA;\nA2017-47 amdt 1.11; pars renum R74 LA; A2022-25\namdt 1.6; pars renum R84 LA; A2024-41 amdt 1.6\nMonitoring protected mail\ns 202 am A2011-22 amdt 1.87; A2018-52 amdt 1.7\n\nMail searches—consequences\ns 203 am A2011-22 amdt 1.87\nNotice of segregation directions—safe room and other\ns 207 am A2011-22 amdt 1.87; A2022-25 amdt 1.7\nDesignation of safe rooms\ns 208 am A2010-10 amdt 2.3; A2011-22 amdt 1.87; A2015-29\namdt 2.10; A2022-14 amdt 3.29\nSegregation—safe room\ns 209 am A2011-22 amdt 1.87, amdt 1.88; A2022-14 amdt 3.29\nSafe room segregation directions—privacy\ns 210 am A2011-22 amdt 1.87\nReview of safe room segregation directions\ns 211 am A2010-10 amdt 2.4; A2011-22 amdt 1.87, amdt 1.88\nSegregation—safety and security\ns 212 am A2011-22 amdt 1.87\nSegregation—protective custody\ns 213 am A2011-22 amdt 1.87, amdt 1.88\nSegregation—health etc\ns 214 am A2011-22 amdt 1.87\nInternal review of segregation directions\ns 217 am A2011-22 amdt 1.87, amdt 1.88\nApplication for review of segregation directions\ns 219 am A2025-29 amdt 4.26\nExternal review of segregation directions\ns 220 am A2011-22 amdt 1.87\nNotice of decision about segregation direction\ns 221 am A2011-22 amdt 1.87\nRegister of segregation directions\ns 222 am A2011-22 amdt 1.87; A2016-13 amdt 1.18; pars renum\nR47 LA; A2017-47 amdt 1.12; pars renum R74 LA; A2022-25\namdt 1.8; pars renum R84 LA; A2024-41 amdt 1.6\nManaging use of force\ns 223 am A2011-22 amdt 1.87; A2013-10 s 4, s 5; ss renum R30 LA\nAuthority to use force\ns 224 am A2011-22 amdt 1.87\nUse of restraint\ns 226 am A2011-22 amdt 1.87\n\nMonthly reports about use of force\ns 227 am A2011-22 amdt 1.87\nVisiting conditions\ns 228 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nNotice of visiting conditions\ns 229 am A2011-22 amdt 1.87\nTaking prohibited things etc into detention place\ns 230 am A2011-22 amdt 1.87\nDirections to visitors\ns 231 am A2011-22 amdt 1.87\nDirections to leave detention place etc\ns 232 am A2011-22 amdt 1.87\nRemoving people from detention place\ns 233 am A2011-22 amdt 1.87\nDirector-general may allow young child to stay with young detainee\ns 234 hdg am A2011-22 amdt 1.87\ns 234 am A2011-22 amdt 1.87\nDefinitions—pt 6.7\ns 235 def drug am A2010-10 amdt 2.13\nPositive test samples\ns 236 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nAlcohol and drug testing of young detainees\ns 237 am A2011-22 amdt 1.87\nEffect of positive test sample by young detainee\ns 238 am A2011-22 amdt 1.87\nLocal leave directions\ns 240 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nLocal leave permits\ns 241 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nLocal leave permits—COVID-19 emergency response\ns 241A ins A2020-11 amdt 1.4\nam A2020-14 amdts 1.7-1.9\nexp 6 October 2022 (s 241A (7))\nInterstate leave permits\ns 242 am A2011-22 amdt 1.87; A2015-37 s 8; ss renum R40 LA;\nA2020-11 amdts 1.5-1.8; A2020-14 amdts 1.10-1.14\n(3A), (6A), (7A), (9), (10) exp 6 October 2022 (s 242 (10))\n\nLawful temporary absence from detention place\ns 245 am A2011-22 amdt 1.87, amdt 1.88; A2016-32 amdt 1.3;\nA2020-14 amdt 1.15, amdt 1.16\n(1) (ba), (5) exp 6 October 2022 (s 245 (5))\nDefinitions—ch 7\ns 246 def non-treating doctor am A2010-10 amdt 2.13; A2015-29\namdt 2.11\ndef privileged am A2015-40 amdt 1.1; A2018-46 amdt 1.1;\nA2022-13 amdt 1.1\ndef strip search am A2011-22 amdt 1.87\nSearches—use of search dog\ns 249 am A2011-22 amdt 1.87\nNotice of strip and body searches—person responsible for or nominated by\nyoung detainee\ns 251 am A2011-22 amdt 1.87\nDirections for scanning, frisk and ordinary searches\ns 252 am A2011-22 amdt 1.87\nRequirements for scanning, frisk and ordinary searches\ns 253 am A2011-22 amdt 1.87\nStrip searches on admission to detention place\ns 254 am A2011-22 amdt 1.87\nStrip searches of young detainees under 18 years old—no-one with parental\nresponsibility available\ns 255 am A2011-22 amdt 1.87\nStrip searches on admission—directing person to leave\ns 256 am A2011-22 amdt 1.87\nRemoving people from search area\ns 257 am A2011-22 amdt 1.87\nStrip searches directed by director-general\ns 258 hdg am A2011-22 amdt 1.87\ns 258 am A2011-22 amdt 1.87; A2013-10 s 6\nYouth detention officers at strip searches\ns 260 am A2011-22 amdt 1.87\nBody searches directed by director-general\ns 264 hdg am A2011-22 amdt 1.87\ns 264 am A2011-22 amdt 1.87; A2013-10 s 7\nObligations of director-general before body searches\ns 265 hdg am A2011-22 amdt 1.87\ns 265 am A2011-22 amdt 1.87\n\nPeople present at body searches\ns 266 am A2011-22 amdt 1.87\nBody searches of young detainees under 18 years old—no-one with parental\nresponsibility available\ns 267 am A2011-22 amdt 1.87\nBody searches—directing people to leave\ns 268 am A2011-22 amdt 1.87\nRemoving people from search area\ns 269 am A2011-22 amdt 1.87\nHelp for body searches\ns 270 am A2011-22 amdt 1.87\nBody searches—rules about young detainees’ clothing\ns 271 am A2011-22 amdt 1.87\nSeizing things discovered during body searches\ns 273 am A2011-22 amdt 1.87\nSearches of people other than detainees\ns 274 am A2011-22 amdt 1.87\nSearches—premises and property generally\ns 275 am A2011-22 amdt 1.87\nSearches of young detainee cells—privileged material\ns 276 am A2011-22 amdt 1.87\nSeizing mail etc\ns 280 am A2011-22 amdt 1.87, amdt 1.88; A2014-49 amdt 1.3;\nA2016-13 amdt 1.19; pars renum R47 LA; A2018-52\namdt 1.8; pars renum R73 LA; A2017-47 amdt 1.13; pars\nrenum R74 LA; A2022-25 amdt 1.9; pars renum R84 LA;\nA2024-41 amdt 1.6\nSeizing property—general\ns 281 am A2011-22 amdt 1.87\nNotice of seizure\ns 282 am A2011-22 amdt 1.87\nForfeiture of things seized\ns 283 am A2011-22 amdt 1.87; A2016-13 amdt 1.20\nReturn of things seized but not forfeited\ns 284 am A2011-22 amdt 1.87\nDefinitions—ch 8\ns 286 def administrator am A2011-22 amdt 1.87\ndef support person am A2011-22 amdt 1.87; A2022-25\namdt 1.10\n\nMeaning of behaviour breach\ns 287 am A2011-22 amdt 1.87, amdt 1.88; A2020-14 amdt 1.17,\namdt 1.18\n(1) (sa), (3) exp 6 October 2022 (s 287 (3))\nWho is an investigator?\ns 291 am A2011-22 amdt 1.87\nAppointment of investigators\ns 292 am A2011-22 amdt 1.87\nReporting and investigation procedures\ns 294 am A2011-22 amdt 1.87; A2022-14 amdt 3.30, amdt 3.31;\nA2025-29 amdt 4.26\nDisciplinary charge\ns 296 am A2025-29 amdt 4.26\nBehaviour management framework\ns 297 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nRight to contact support person—disciplinary action by administrator\ns 300 am A2011-22 amdt 1.87\nBehaviour breach admitted by accused detainee\ns 301 am A2022-14 amdt 3.32; A2025-29 amdt 4.26\nMeaning of review officer—div 8.4.2\ns 303 am A2011-22 amdt 1.87\nRight to contact support person—internal review\ns 304 am A2011-22 amdt 1.87\nReview officer’s powers after internal review\ns 307 am A2015-50 amdt 3.16; A2025-29 amdt 4.26\nAppointment of external reviewers\ns 309 am A2025-29 amdt 4.26\nRight to contact support person—external review\ns 310 am A2011-22 amdt 1.87\nRefusal to review\ns 313 am A2015-50 amdt 3.17; A2025-29 amdt 4.26\nExternal reviewer’s powers after external review\ns 314 am A2011-22 amdt 1.87; A2015-50 amdt 3.18; A2025-29 amdt\n4.26\nNotice of disciplinary review etc\ns 324 am A2011-22 amdt 1.87; A2022-14 amdt 3.33\nReview officer may require official reports\ns 326 am A2011-22 amdt 1.87\n\nNotice of disciplinary hearing\ns 330 am A2011-22 amdt 1.87\nAppearance at disciplinary hearing by audiovisual or audio link\ns 335 am A2010-40 amdt 2.1; A2018-9 s 20\nApplication of care and protection chapters\npt 10.1 hdg note am A2023-49 s 16\nWhat are the care and protection chapters?\ns 336 am A2011-22 amdt 1.87; A2023-45 amdts 1.2-1.4; pars renum\nR90 LA; A2023-49 s 17; A2024-34 s 5\nAge—proof of age to be sought before action taken\ns 337 am A2011-22 amdt 1.87\nAge—application of care and protection chapters if no proof of age\ns 338 am A2011-22 amdt 1.87\nAge—care and protection chapters stop applying if person discovered to be\nadult\ns 339 am A2011-22 amdt 1.87; A2012-3 s 4; A2023-45 s 9,\namdt 1.5; A2024-34 s 6\nCare and protection chapters stop applying when young person becomes\nadult\ns 340 am A2012-3 s 5; A2023-45 s 10, amdt 1.6; A2024-34 s 7\nDefinitions—care and protection chapters\ns 341 (1) def abuse om A2023-49 s 18\ndef neglect om A2023-49 s 18\ndef significant harm ins A2023-49 s 19\ns 341 (2) def at risk of abuse or neglect om A2023-49 s 20\ndef significant harm om A2023-49 s 20\nWhat is abuse?\ns 342 am A2022-14 amdt 3.34\nom A2023-49 s 21\nWhat is neglect?\ns 343 om A2023-49 s 21\nWhat is significant harm?\ns 344 am A2010-10 amdt 2.13; A2011-22 amdt 1.87; A2018-25\namdt 1.1\nsub A2023-49 s 22\nWhen are children and young people in need of care and protection?\ns 345 am A2011-22 amdt 1.87; A2022-14 amdt 3.35; A2023-49 s 23\nCircumstances need not have arisen in ACT\ns 346 sub A2023-49 s 24\n\nWho is a former caregiver?\ns 347 am A2011-22 amdt 1.87\nWhat is in best interests of child or young person?\ns 349 sub A2023-49 s 25\nCare and protection principles\ns 350 am A2022-14 amdt 3.36; A2023-49 s 26, s 27\nHelping families understand care and protection procedures\ns 351 am A2011-22 amdt 1.87\nViews and wishes of children and young people\ns 352 am A2022-14 amdt 3.36\nApproved care and protection organisations\npt 10.4 hdg ins A2015-22 s 8\nImportant concepts\ndiv 10.4.1 hdg ins A2015-22 s 8\nMeaning of organisation\ns 352A ins A2015-22 s 8\nMeaning of care and protection purpose\ns 352B ins A2015-22 s 8\nam A2015-46 s 7, s 8\nMeaning of approved care and protection organisation\ns 352C ins A2015-22 s 8\nMeaning of responsible person for an approved care and protection\ns 352D ins A2015-22 s 8\nApproved care and protection organisations—ongoing suitability\ndiv 10.4.2 hdg ins A2015-22 s 8\nApproved care and protection organisations—responsible person\ns 352E ins A2015-22 s 8\nApproved care and protection organisations—monitoring\ns 352F ins A2015-22 s 8\nApproved care and protection organisations—complaints\ndiv 10.4.3 hdg ins A2015-22 s 8\nMeaning of noncompliant\ns 352G ins A2015-22 s 8\nComplaints—making a complaint\ns 352H ins A2015-22 s 8\nam A2016-18 amdt 2.2\n\nComplaints—withdrawing a complaint\ns 352I ins A2015-22 s 8\nComplaints—further information or verification\ns 352J ins A2015-22 s 8\nam A2016-18 amdt 3.42\nComplaints—investigation\ns 352K ins A2015-22 s 8\nComplaints—no further action\ns 352L ins A2015-22 s 8\nComplaints—action after investigation\ns 352M ins A2015-22 s 8\nApproved care and protection organisations—intervention\ndiv 10.4.4 hdg ins A2015-22 s 8\nIntervention—noncompliance notice\ns 352N ins A2015-22 s 8\nIntervention—noncompliance direction\ns 352O ins A2015-22 s 8\nIntervention—suspension if child or young person unsafe\ns 352P ins A2015-22 s 8\nam A2015-46 s 9\nIntervention—intention to cancel notice\ns 352Q ins A2015-22 s 8\nIntervention—cancellation\ns 352R ins A2015-22 s 8\nIntervention—cancellation notice\ns 352S ins A2015-22 s 8\nIntervention—guidelines\ns 352T ins A2015-22 s 8\nApproved care and protection organisations—surrendering approval\ndiv 10.4.5 hdg ins A2015-22 s 8\nSurrendering approval\ns 352U ins A2015-22 s 8\nApproved care and protection organisations register\ndiv 10.4.6 hdg ins A2015-22 s 8\n\nApproved care and protection organisations register\ns 352V ins A2015-22 s 8\nCare and protection—reporting and assessing risk of significant harm\nch 11 hdg sub A2023-49 s 28\nCare and protection—reporting risk of significant harm\npt 11.1 hdg sub A2023-49 s 29\ns 353 def child concern report om A2023-49 s 30\ndef prenatal report am A2015-50 amdt 3.19\ndef voluntary report am A2015-50 amdt 3.20\nReporting risk of significant harm to children and young people\ndiv 11.1.2 hdg sub A2023-49 s 31\nVoluntary reporting of risk of significant harm\ns 354 hdg sub A2023-49 s 32\ns 354 am A2011-22 amdt 1.87; A2023-49 s 33\nOffence—mandatory reporting of significant harm\ns 356 hdg sub A2023-49 s 34\ns 356 am A2010-38 s 6; A2011-22 amdt 1.87; A2015-46 s 10, s 11;\npars renum R45 LA; A2019-6 ss 4-6; ss and pars renum R70\nLA; A2022-25 amdt 1.11; pars renum R84 LA; A2024-33\namdt 1.1, amdt 1.2; pars renum R93 LA\nMandatory reporting—exceptions\ns 357 am A2011-22 amdt 1.87; A2015-50 amdt 3.21\nReports made to public advocate or Aboriginal and Torres Strait Islander\nchildren and young people commissioner\ns 359 hdg sub A2022-25 amdt 1.12\ns 359 am A2011-22 amdt 1.87; A2016-13 amdt 1.21; A2022-25\namdt 1.13; A2023-49 s 35\nAssessing risk of significant harm\ns 360 hdg am A2011-22 amdt 1.87\ns 360 am A2011-22 amdt 1.87\nsub A2023-49 s 36\nDirector-general action on child protection report\ns 361 hdg am A2011-22 amdt 1.87\ns 361 am A2011-22 amdt 1.87, amdt 1.88; A2018-24 s 7, s 8\nom A2023-49 s 36\nPrenatal reporting of anticipated risk of significant harm\ndiv 11.1.3 hdg sub A2023-49 s 37\n\nPrenatal reporting—anticipated risk of significant harm\ns 362 hdg sub A2023-49 s 38\ns 362 am A2011-22 amdt 1.87; A2023-49 s 39\nHow prenatal reports may be used in evidence\ns 364 am A2023-49 s 40\nPrenatal report information is sensitive information\ns 365 am A2010-9 s 4; A2011-22 amdt 1.87\nWhat is a care and protection appraisal?\ns 366 am A2011-22 amdt 1.87\nAppraisal by director-general\ndiv 11.2.2 hdg sub A2018-24 s 9\nCare and protection appraisal—power to carry out\ns 368 am A2011-22 amdt 1.87; A2013-44 amdt 3.19\nam A2023-49 s 41\nCare and protection appraisal—obtaining agreement etc\ns 369 am A2011-22 amdt 1.87\nCare and protection appraisal—obtaining agreement not in best interests of\nchild or young person etc\ns 370 am A2011-22 amdt 1.87\nam A2023-49 s 42\nCare and protection appraisal—visual examination and interview\ns 371 am A2011-22 amdt 1.87, amdt 1.88\nam A2023-49 s 43\nAppraisal orders\ndiv 11.2.3 hdg note am A2011-22 amdt 1.87\nWhat is an appraisal order?\ns 372 am A2011-22 amdt 1.87\nWhat is a temporary parental responsibility provision?\ns 373 am A2011-22 amdt 1.87\nAppraisal orders—application by director-general\ns 376 hdg am A2011-22 amdt 1.87\ns 376 am A2011-22 amdt 1.87; A2018-24 s 11\nAppraisal orders—urgent applications\ns 377 am A2022-25 amdt 1.14\n\nAppraisal orders—who must be given application\ns 379 am A2011-22 amdt 1.87; A2022-25 amdt 1.15\nAppraisal orders—criteria for making\ns 382 am A2018-24 s 12\nAppraisal orders—different provisions and requirements\ns 383 am A2011-22 amdt 1.87\nAppraisal orders—length\ns 384 am A2020-11 amdt 1.9; A2020-14 amdts 1.19-1.21\n(3)-(5) exp 29 March 2023 (s 384 (5))\nAppraisal orders—extension application\ns 385 am A2011-22 amdt 1.87\nAppraisal orders—who must be given extension application?\ns 386 am A2011-22 amdt 1.87; A2022-25 amdt 1.16\nRegistered family group conference agreement—application\ns 390 am A2011-22 amdt 1.87; A2022-25 amdt 1.17; A2025-29\namdt 4.26\nRegistered family group conference agreement—registration\ns 391 am A2011-22 amdt 1.87\nRegistered family group conference agreement—notice\ns 392 am A2011-22 amdt 1.87; A2022-25 amdt 1.18; ss renum R84\nLA\nVoluntary agreement to share parental responsibility with director-general\npt 12.3 hdg am A2011-22 amdt 1.87\nWhat is a voluntary care agreement?\ns 394 am A2011-22 amdt 1.87, amdt 1.88; A2018-42 amdt 3.26\nVoluntary care agreements—who may initiate?\ns 395 am A2011-22 amdt 1.87\nVoluntary care agreements—who are parties?\ns 396 am A2011-22 amdt 1.87\nVoluntary care agreements—director-general’s criteria\ns 397 hdg am A2011-22 amdt 1.88\ns 397 am A2009-40 amdt 1.2; A2011-22 amdt 1.87\nVoluntary care agreements—start day\ns 398 am A2011-22 amdt 1.87\nVoluntary care agreements—length\ns 399 am A2009-40 amdt 1.9\nVoluntary care agreements—extension\ns 400 am A2009-40 amdt 1.9; A2011-22 amdt 1.87\n\nVoluntary care agreements—extension—COVID-19 emergency response\ns 400A ins A2020-11 amdt 1.10; A2020-14 amdts 1.22-1.24\nexp 29 December 2022 (s 400A (5))\nVoluntary care agreements—return of children and young people\ns 402 am A2011-22 amdt 1.87, amdt 1.88\nCare and protection—emergency situations\nch 13 hdg sub A2023-45 amdt 1.7\nWhen are children and young people in need of emergency therapeutic\nprotection?\ns 404 om A2023-45 s 11\nWhat is emergency action?\ns 405 am A2011-22 amdt 1.87; A2013-21 s 4\nEmergency action—criteria for taking emergency action\ns 406 am A2011-22 amdt 1.87; A2023-45 amdt 1.8\nEmergency action—assistance\ns 407 am A2011-22 amdt 1.87\nEmergency action—certain people must be told\ns 408 am A2011-22 amdt 1.87; A2022-25 amdt 1.19; pars renum\nEmergency action—daily care responsibility after action\ns 409 am A2011-22 amdt 1.87, amdt 1.88\nEmergency action—length of daily care responsibility\ns 410 am A2011-22 amdt 1.87; A2020-11 amdt 1.11; A2020-14\namdts 1.25-1.27\n(2)-(5) exp 29 March 2023 (s 410 (5))\nCare and protection appraisal and placement\ns 411 am A2011-22 amdt 1.87\nEmergency action—contact with family\ns 412 am A2011-22 amdt 1.87; A2022-14 amdt 3.36\nEmergency action—application for orders\ns 413 am A2011-22 amdt 1.87; A2023-45 amdt 1.9, amdt 1.10\nEmergency action—end of daily care responsibility\ns 414 am A2011-22 amdt 1.87\nEmergency action—return of child or young person\ns 415 am A2011-22 amdt 1.87; A2023-45 amdt 1.11\nWhat is an emergency action release order?\ns 416 am A2011-22 amdt 1.87\n\nEmergency action release order—application\ns 417 am A2011-22 amdt 1.87; A2022-25 amdt 1.20\nEmergency action release order—who must be given application\ns 419 am A2011-22 amdt 1.87; A2022-25 amdt 1.21; A2023-45\namdt 1.12\nEmergency action release order—criteria for making\ns 420 am A2023-45 amdt 1.13\nDefinitions—ch 14\ns 421 def ACAT mental health provision ins A2008-36 amdt 1.71\ndef DVPO protection order om A2016-42 amdt 3.15\ndef mental health tribunal provision om A2008-36\namdt 1.72\ndef provision am A2008-36 amdt 1.73\nWhat is a care and protection order?\ns 422 am A2008-36 amdt 1.74\nOffence—contravene care and protection order\ns 423 am A2011-22 amdt 1.87; A2020-11 amdt 1.12; A2020-14\namdts 1.28-1.30\n(2)-(4) exp 29 December 2022 (s 423 (4))\nCare and protection order—application by director-general\ns 424 hdg am A2011-22 amdt 1.87\ns 424 am A2011-22 amdt 1.87\nCare and protection order—application by others\ns 425 am A2011-22 amdt 1.87; A2022-25 amdt 1.22\nCare and protection orders—who must be give1.87n application\ns 427 am A2011-22 amdt 1.87; A2022-25 amdt 1.23\nCare and protection order—court to consider application and cross-\ns 430 am A2011-22 amdt 1.87\nInterim matters—Court action before adjournment\ns 431 am A2016-42 amdt 3.16\nInterim matters—court-ordered meeting\ns 432 am A2011-22 amdt 1.87\nInterim matters—interim care and protection orders\ns 433 am A2008-36 amdt 1.75; A2011-22 amdt 1.87\nInterim care and protection orders—revocation or amendment\ns 435 am A2022-25 amdt 1.24\nAssessment orders\ndiv 14.3.3 hdg note am A2011-22 amdt 1.87\n\nWhat is an assessment order?\ns 436 am A2011-22 amdt 1.87\nCare and protection assessment—terms of reference for care and protection\nassessment\ns 437 am A2011-22 amdt 1.87\nCare and protection assessment—authorisation of assessors\ns 438 am A2010-10 amdt 2.13; A2011-22 amdt 1.87; A2011-45\namdt 1.22; A2015-29 amdt 2.12; A2025-29 amdt 4.26\nCare and protection assessment—report after making\ns 439 am A2011-22 amdt 1.87\nAssessment orders—who must be given application\ns 445 am A2011-22 amdt 1.87; A2022-25 amdt 1.25\nAssessment orders—who must be given extension application?\ns 452 am A2022-25 amdt 1.26\nAssessment orders—criteria for extension\ns 454 am A2020-11 amdt 1.13; A2020-14 amdts 1.31-1.33\n(3)-(5) exp 29 March 2023 (s 454 (5))\nWhat is a care plan?\ns 455 am A2011-22 amdt 1.87; A2012-3 s 6\nCare plans—stability proposals\ns 456 am A2009-36 amdt 1.4; A2011-22 amdt 1.87; A2022-14\nCare plans—who must be consulted\ns 457 am A2008-46 amdt 3.4, amdt 3.8 (amdts ineffective see\ns 458); A2011-22 amdt 1.87\nCare plans—director-general delegations\ns 457A ins A2015-46 s 12\nam A2016-38 s 10\nom A2018-24 s 13\nProtection orders\ndiv 14.3.5 hdg sub A2016-42 amdt 2.2\nDefinitions—div 14.3.5\ns 458 sub A2016-42 amdt 2.2\ndef domestic violence am R10 LA\ndef DVPO final protection order am R10 LA\ndef DVPO interim protection order am R10 LA\ndef DVPO protection order om A2016-42 amdt 2.2\n\ndef FVO ins A2016-42 amdt 2.2\ndef protection order ins A2016-42 amdt 2.2\ndef PVO ins A2016-42 amdt 2.2\ndef relevant Act ins A2016-42 amdt 2.2\nChildrens Court may make or amend protection orders\ns 459 am A2008-46 amdt 3.5, amdt 3.8 (amdts ineffective see s 460)\nsub A2016-42 amdt 2.2\nam A2022-25 amdt 1.27\nEffect of making protection order under this Act\ns 460 am R10 LA\nsub A2016-42 amdt 2.2\nWhat is psychological abuse of a child or young person?\ns 461 am A2008-46 amdt 3.8 (amdts ineffective see s 462)\nNo DVPO protection order if no proceeding under care and protection\ns 462 am A2008-46 amdt 3.8 (amdts ineffective see s 463)\nEffect of making DVPO protection order under this Act\ns 463 am R10 LA\nam A2015-40 amdt 1.2\nCare and protection order—criteria for making\ns 464 am A2008-36 amdt 1.76; A2011-22 amdt 1.87\nCare and protection order—length\ns 465 am A2015-46 s 13\nCare and protection order—who must be given extension, amendment or\ns 469 am A2022-25 amdt 1.28\nWhat is a parental responsibility provision?\ns 474 am A2011-22 amdt 1.87\nDirector-general sharing daily care responsibility\ns 475 hdg am A2011-22 amdt 1.87\ns 475 am A2011-22 amdt 1.87, amdt 1.88\nWhat is a short-term parental responsibility provision?\ns 476 am A2015-46 s 14\nShort-term parental responsibility provision—extension\ns 477 am A2011-22 amdt 1.87; A2015-46 s 15, s 16\nShort-term parental responsibility provision—financial contribution\ns 478 am A2011-22 amdt 1.87; A2018-42 amdt 3.26\n\nWhat is a long-term parental responsibility provision?\ns 479 am A2011-22 amdt 1.87\nLong-term parental responsibility provision—financial contribution by\nparents\ns 480 am A2011-22 amdt 1.87; A2018-42 amdt 3.26, amdt 3.27\nWhat is an enduring parental responsibility provision?\ns 481 am A2011-22 amdt 1.87\nEnduring parental responsibility provision—criteria for making\ns 482 am A2015-46 s 17, s 18; A2022-14 amdt 3.36\nEnduring parental responsibility provision—financial contribution\ns 483 am A2011-22 amdt 1.87\nWhat is a contact provision?\ns 485 am A2011-22 amdt 1.87\nContact provision—presumption about contact with family\ns 486 am A2022-14 amdt 3.36\nWhat is a drug use provision?\ns 488 am A2011-22 amdt 1.87\nWhat is a supervision provision?\ns 489 am A2011-22 amdt 1.87\nSupervision provision—meetings with director-general\ns 490 hdg am A2011-22 amdt 1.87\ns 490 am A2011-22 amdt 1.87\nACAT mental health provisions\npt 14.11 hdg sub A2008-36 amdt 1.77\nWhat is an ACAT mental health provision?\ns 491 sub A2008-36 amdt 1.77\nam A2015-38 amdt 2.57\nWhat is a specific issues provision?\ns 492 am A2011-22 amdt 1.87\nDefinitions—pt 14.13\ns 492A ins A2015-50 amdt 3.22\ndef annual review report order ins A2015-50 amdt 3.22\ndef waiver order ins A2015-50 amdt 3.22\nWhat is a reviewable care and protection order?\ns 493 am A2011-22 amdt 1.87\nWhat is an annual review report?\ns 494 am A2011-22 amdt 1.87\n\nAnnual review report—prepared at least annually\ns 495 am A2010-38 s 7; A2011-22 amdt 1.87\nsub A2016-38 s 11\nAnnual review report—consultation\ns 496 am A2011-22 amdt 1.87; A2015-46 s 19; pars renum R45 LA;\nA2022-25 amdt 1.29\nAnnual review report—must be given to certain people\ns 497 am A2011-22 amdt 1.87; A2015-46 s 20, s 21; ss renum R45\nLA; A2022-25 amdt 1.30\nAnnual review report—application for waiver of obligation to give report to\nsomeone\ns 498 am A2011-22 amdt 1.87\nAnnual review report—waiver of obligation to give annual review report to\nsomeone\ns 499 am A2011-22 amdt 1.87\nAnnual review report—public advocate may require director-general to give\nannual review report to someone\ns 500 hdg am A2011-22 amdt 1.87\ns 500 am A2011-22 amdt 1.87; A2022-25 amdt 1.31\nch 14A hdg ins A2023-45 s 12\npt 14A.1 hdg ins A2023-45 s 12\nDefinitions—ch 14A\ns 501A hdg sub A2016-38 s 12\ns 501A ins A2015-46 s 22\nam A2016-38 s 13\nom A2018-24 s 14\nins A2023-45 s 12\ndef referral ins A2023-45 s 12\ndef referring entity ins A2023-45 s 12\nTherapeutic Support Panel for Children and Young People\npt 14A.2 hdg ins A2023-45 s 12\nEstablishment of panel\ns 501B ins A2023-45 s 12\nFunctions of panel\ns 501C ins A2023-45 s 12\nPanel members\ns 501D ins A2023-45 s 12\n\nAppointment of panel members\ns 501E ins A2023-45 s 12\nAppointment of chair of panel\ns 501F ins A2023-45 s 12\nFunctions of chair of panel\ns 501G ins A2023-45 s 12\nAppointment of deputy chair of panel\ns 501H ins A2023-45 s 12\nFunctions of deputy chair of panel\ns 501I ins A2023-45 s 12\nConduct of panel meetings\ns 501J ins A2023-45 s 12\nConflict of interest\ns 501K ins A2023-45 s 12\nEnding member appointments\ns 501L ins A2023-45 s 12\ns 501M ins A2023-45 s 12\nDirector-general to give support to panel\ns 501N ins A2023-45 s 12\nArrangements for panel staff and facilities\ns 501O ins A2023-45 s 12\nPower to obtain information from information sharing entity\ns 501P ins A2023-45 s 12\nReferrals to therapeutic support panel\npt 14A.3 hdg ins A2023-45 s 12\nReferrals to therapeutic support panel\ns 501Q ins A2023-45 s 12\nPanel to act on referrals\ns 501R ins A2023-45 s 12\nPanel must take into account harm statement\ns 501S ins A2023-45 s 12\nReporting by therapeutic support panel\npt 14A.4 hdg ins A2023-45 s 12\nReport to Minister\ns 501T ins A2023-45 s 12\n\nCare and protection—director-general has aspect of parental responsibility\nch 15 hdg am A2011-22 amdt 1.87\nnote am A2011-22 amdt 1.87\ns 502 sub A2015-46 s 23\ndef approved kinship and foster care organisation ins\nA2015-46 s 23\ndef approved residential care organisation ins A2015-46\ns 23\ndef foster carer sub A2015-46 s 23\ndef foster care service sub A2015-22 s 9\nom A2015-46 s 23\ndef general parental authority sub A2015-46 s 23\ndef in intensive therapy ins A2023-45 amdt 1.14\ndef in therapeutic protection sub A2015-46 s 23\nom A2023-45 amdt 1.15\ndef kinship carer sub A2015-46 s 23\ndef out-of-home carer sub A2015-46 s 23\ndef out-of-home carer authorisation om A2015-22 s 10\ndef residential care service sub A2015-46 s 23\ndef specific parental authority sub A2015-46 s 23\nDirector-general may provide assistance\ns 503 hdg am A2011-22 amdt 1.87\ns 503 am A2011-22 amdt 1.87; A2012-3 s 7\nParental responsibility—director-general delegations\ns 503A ins A2016-38 s 14\nom A2018-24 s 15\nDirector-general has long-term care responsibility\npt 15.2 hdg am A2011-22 amdt 1.87\nDirector-general sharing long-term care responsibility\ns 504 hdg am A2011-22 amdt 1.87\ns 504 am A2011-22 amdt 1.87, amdt 1.88\nDirector-general must consult about long-term care\ns 505 hdg am A2011-22 amdt 1.87\ns 505 am A2011-22 amdt 1.87\nDirector-general has daily care responsibility\npt 15.3 hdg am A2011-22 amdt 1.87\nPt 15.3 applies to care and protection chapters\ns 506 am A2011-22 amdt 1.87; A2023-45 s 13\n\nPublic advocate etc to be told about action following appraisals\ns 507 hdg sub A2022-25 amdt 1.32\ns 507 am A2011-22 amdt 1.87; A2013-21 s 5; A2022-25 amdt 1.33;\nA2023-49 s 44\nWho is an out-of-home carer?\ns 508 am A2015-46 s 24\nWho is a kinship carer?\ns 509 am A2011-22 amdt 1.87\nMeaning of approved foster care organisation, foster care service and foster\ncarer\ns 510 am A2011-22 amdt 1.87\nsub A2015-22 s 11\nMeaning of approved residential care organisation and residential care\nservice\ns 511 am A2011-22 amdt 1.87\nsub A2015-22 s 11\nDirector-general must place child or young person with out-of-home carer\ns 512 hdg am A2011-22 amdt 1.87\nsub A2013-21 s 6\ns 512 am A2011-22 amdt 1.87; A2013-21 s 7; ss renum R31 LA;\nA2022-14 amdt 3.37\nPriorities for placement with out-of-home carer—Aboriginal or Torres Strait\nIslander child or young person\ns 513 am A2011-22 amdt 1.87\nPlacement with out-of-home carer—director-general delegations\ns 513A ins A2016-38 s 15\nom A2018-24 s 16\nResidential care service may accommodate child or young person at place of\ncar\ns 514 am A2011-22 amdt 1.87\nam A2012-33 amdt 1.3; A2015-46 s 26\nApproval of carers\ndiv 15.4.1A hdg ins A2015-46 s 27\nApproved carers—individual may apply\ns 514A ins A2015-46 s 27\n\nApproved carers—director-general may approve\ns 514B ins A2015-46 s 27\nam A2018-24 s 17; A2020-29 amdt 1.13; A2023-12 s 4\nApproved carers—criteria for approval\ns 514C ins A2015-46 s 27\nApproved carers—further information, references etc\ns 514D ins A2015-46 s 27\nApproved carers—expiry and renewal of approvals\ns 514E ins A2015-46 s 27\nam A2020-29 amdt 1.14; A2025-29 amdt 4.26\nApproved carers—extension of approvals—COVID-19 emergency response\ns 514EAA ins A2020-11 amdt 1.14; A2020-14 amdts 1.34-1.36\nexp 29 March 2023 (s 514EAA (4))\nApproved carers—revocation of approval\ns 514EA ins A2018-24 s 18\nOffence—ongoing duty to update information\ns 514F ins A2015-46 s 27\nApproved carers—director-general delegations\ns 514G ins A2015-46 s 27\nsub A2016-38 s 16\nom A2018-24 s 19\ns 515 om A2015-46 s 28\ndef foster care service am A2011-22 amdt 1.87\nom A2015-22 s 12\ndef general parental authority om A2015-46 s 28\ndef out-of-home carer authorisation om A2015-22 s 12\ndef specific parental authority om A2015-46 s 28\nKinship carer—specific parental authority\ns 516 hdg sub A2015-46 s 29\ns 516 am A2011-22 amdt 1.87; A2015-46 ss 30-33\nAuthorisation of foster care service\ns 517 am A2011-22 amdt 1.87\nsub A2015-22 s 13\nom A2015-46 s 34\nFoster carer—specific parental authority\ns 518 hdg sub A2015-46 s 35\ns 518 am A2011-22 amdt 1.87; A2015-46 ss 36-38\n\nAuthorisation of foster carer—general parental authority\ns 519 am A2011-22 amdt 1.87\nom A2015-46 s 39\nResidential care service—general parental authority\ns 520 hdg sub A2015-46 s 40\ns 520 am A2011-22 amdt 1.87\nsub A2015-22 s 14\nam A2015-46 s 41; ss renum R45 LA\nOut-of-home carer must be given copy of authorisation and any relevant\ncourt orders\ns 521 am A2011-22 amdt 1.87\nRevocation of foster care service’s authorisation\ns 522 am A2011-22 amdt 1.87, amdt 1.88; A2015-22 ss 15-17\nom A2015-46 s 42\nRevocation of foster carer’s authorisation\ns 523 am A2011-22 amdt 1.87, amdt 1.88; A2013-10 s 8; A2013-44\namdt 3.20\nom A2015-46 s 42\nRevocation of residential care service’s authorisation\ns 524 am A2011-22 amdt 1.87, amdt 1.88; A2013-10 s 9; A2012-33\namdt 1.4; A2015-22 ss 18-20; A2015-46 s 43, s 44\nApproval of places of care\ns 525 am A2011-22 amdt 1.87; A2012-33 amdt 1.5; A2015-22 s 21,\ns 22; A2015-46 s 45\ndiv 15.4.3 hdg sub A2012-3 s 8\nDefinitions—div 15.4.3\ns 526 def care entities om A2015-46 s 46\ndef personal information om A2012-3 s 9\ndef placement am A2011-22 amdt 1.87; A2015-46 s 47\nInformation and items must be kept during placement\ns 527 hdg sub A2012-3 s 10\ns 527 am A2011-22 amdt 1.87; A2012-3 s 11; A2015-46 s 48\nInformation and items must be kept after placement ends\ns 528 hdg sub A2012-3 s 12\ns 528 am A2011-22 amdt 1.87; A2012-3 s 13, s 14\nChild or young person may have access to information and items\ns 529 am A2011-22 amdt 1.87, amdt 1.88\nsub A2012-3 s 15\n\nTransition from out-of-home care\npt 15.5 hdg ins A2012-3 s 16\nsub A2024-34 s 8\ndiv 15.5.1 hdg ins A2012-3 s 16\nObject—pt 15.5\ns 529A ins A2012-3 s 16\nsub A2024-34 s 9\nWho is a young adult?—pt 15.5\ns 529B ins A2012-3 s 16\nWho is a previous out-of-home carer for a person?—pt 15.5\ns 529BA ins A2016-38 s 17\nsub A2024-34 s 10\nTransition plans\ndiv 15.5.2 hdg ins A2012-3 s 16\nWhat is a transition plan?\ns 529C ins A2012-3 s 16\nTransition plans—when prepared\ns 529D ins A2012-3 s 16\nTransition plans—consultation\ns 529E ins A2012-3 s 16\nTransition plans—review—young person for whom director-general has\nparental responsibility\ns 529F ins A2012-3 s 16\nTransition plans—review—young person for whom director-general does not\nhave parental responsibility\ns 529G ins A2012-3 s 16\nTransition plans—review—young adult\ns 529H ins A2012-3 s 16\nTransition plans—director-general delegations\ns 529HA ins A2016-38 s 18\nom A2018-24 s 20\nAssistance after leaving out-of-home care\ndiv 15.5.3 hdg ins A2012-3 s 16\nAssistance generally\ns 529I ins A2012-3 s 16\nam A2024-34 ss 11-13; ss renum R93 LA\n\nFinancial assistance—child, young person or young adult\ns 529J hdg sub A2015-46 s 49; A2024-34 s 14\ns 529J ins A2012-3 s 16\nam A2024-34 ss 15-17; ss renum R93 LA\nFinancial assistance—previous out-of-home carer\ns 529JA ins A2015-46 s 50\nam A2016-38 ss 19-22; A2024-34 s 18, s 19; ss renum R93\nLA\nEntitlement to personal items and access to protected information\ndiv 15.5.4 hdg ins A2012-3 s 16\nEntitlement to personal items\ns 529K ins A2012-3 s 16\nam A2016-38 s 23\nsub A2024-34 s 20\nAccess to protected information—young person\ns 529L ins A2012-3 s 16\nam A2016-38 s 24, s 25\nAccess to protected information—young adult\ns 529M ins A2012-3 s 16\nam A2016-38 s 26\nAccess to protected information—support and assistance\ns 529N ins A2012-3 s 16\nAccess to protected information—director-general delegations\ns 529NA ins A2016-38 s 27\nom A2018-24 s 21\nCare and protection—intensive therapy for children and young people\nch 16 hdg sub A2023-45 s 14\npt 16.1 hdg sub A2023-45 s 14\nDefinitions—Act and ch 16\ns 530 sub A2023-45 s 14\ns 530 (1) def harmful conduct sub A2023-45 s 14\ndef interim therapeutic protection order om A2023-45 s 14\ndef intensive therapy history ins A2023-45 s 14\ndef intensive therapy order ins A2023-45 s 14\ndef intensive therapy place ins A2023-45 s 14\ndef interim intensive therapy order ins A2023-45 s 14\ndef mental disorder ins A2014-51 amdt 1.1\nam A2015-38 amdt 2.65\ndef mental dysfunction om A2014-51 amdt 1.2\n\ndef mental illness sub A2014-51 amdt 1.3\nam A2015-38 amdt 2.65\ndef therapeutic protection history om A2023-45 s 14\ndef therapeutic protection order om A2023-45 s 14\ndef therapeutic protection place om A2023-45 s 14\ndef therapeutic protection plan om A2023-45 s 14\ns 530 (2) def non-treating doctor sub A2010-10 amdt 2.5\nam A2015-29 amdt 2.13\ndef non-treating health practitioner ins A2010-10 amdt 2.5\nam A2015-29 amdt 2.13\ndef non-treating health professional sub A2010-10 amdt 2.5\nom A2015-29 amdt 2.14\ndef non-treating nurse sub A2010-10 amdt 2.5\nam A2015-29 amdt 2.15\ndef intensive therapy person ins A2023-45 s 14\ndef intensive therapy register ins A2023-45 s 14\ndef risk assessment sub A2023-45 s 14\ndef therapeutic protection person am A2011-22 amdt 1.87\ndef therapeutic protection register ins A2015-50 amdt 3.23\ndef therapeutic protection transition plan ins A2012-3 s 17\ndef therapy plan ins A2023-45 s 14\ndef therapy transition plan ins A2023-45 s 14\ndef transition plan om A2012-3 s 17\nConfinement only under intensive therapy order\ns 531 am A2011-22 amdt 1.87\nIntensive therapy orders\npt 16.2 hdg sub A2023-45 s 14\nDefinitions—Act and ch 16\ndiv 16.2.1 hdg sub A2023-45 s 14\nWhat is an intensive therapy order?\ns 532 am A2011-22 amdt 1.87\nWhat is harmful conduct?\ns 533 sub A2023-45 s 14\n\nWhat is a risk assessment?\ns 534 am A2011-22 amdt 1.87\nWhat is an intensive therapy place?\ns 535 sub A2023-45 s 14\nWhat is a therapy plan?\ns 536 am A2011-22 amdt 1.87; A2022-25 amdt 1.34\nWhat is intensive therapy history?\ns 537 sub A2023-45 s 14\nWhat is a therapy transition plan?\ns 538 hdg sub A2012-3 s 18\ns 538 am A2011-22 amdt 1.87; A2012-3 s 19\nApplications for intensive therapy orders\ndiv 16.2.2 hdg sub A2023-45 s 14\nIntensive therapy order—application by director-general\ns 539 hdg am A2011-22 amdt 1.87\ns 539 am A2011-22 amdt 1.87\nIntensive therapy order—application to state grounds etc\ns 540 am A2011-22 amdt 1.87; A2012-3 s 20\nIntensive therapy orders—who must be given application\ns 541 am A2011-22 amdt 1.87; A2022-25 amdt 1.35\nIntensive therapy order—Childrens Court to consider application promptly\ns 542 am A2011-22 amdt 1.87\nInterim intensive therapy orders\ndiv 16.2.3 hdg sub A2023-45 s 14\nWhat is an interim intensive therapy order?\ns 543 am A2011-22 amdt 1.87\nInterim intensive therapy order—criteria for making\ns 544 am A2011-22 amdt 1.87\n\nInterim intensive therapy order—confinement direction\ns 545 am A2008-36 amdt 1.78; A2009-20 amdt 3.28; A2015-38\namdt 2.58, amdt 2.59\nInterim intensive therapy order—length\ns 546 sub A2023-45 s 14\nInterim intensive therapy order—further order\ns 547 sub A2023-45 s 14\nOffence—interim intensive therapy order\ns 548 sub A2023-45 s 14\nMaking an intensive therapy order\ndiv 16.2.4 hdg sub A2023-45 s 14\nIntensive therapy order—criteria for making\ns 549 am A2008-36 amdt 1.79; A2011-22 amdt 1.87; A2015-38\namdt 2.60, amdt 2.61\nIntensive therapy order—confinement directions\ns 550 sub A2023-45 s 14\nIntensive therapy order—length\ns 551 am A2015-50 amdt 3.24\nIntensive therapy order—statement of reasons\ns 552 sub A2023-45 s 14\nDefinitions—div 16.2.5\ns 552A ins A2015-50 amdt 3.25\ndef initial review ins A2015-50 amdt 3.25\ndef ongoing review ins A2015-50 amdt 3.25\nOffence—intensive therapy order\ns 553 am A2011-22 amdt 1.87\nReview of intensive therapy orders\ndiv 16.2.5 hdg sub A2023-45 s 14\nDefinitions—div 16.2.5\ns 554 am A2011-22 amdt 1.87\ndef initial review ins A2023-45 s 14\ndef ongoing review ins A2023-45 s 14\n\nInitial review\ns 555 am A2011-22 amdt 1.87; A2022-25 amdt 1.36; pars renum\nOngoing review\ns 556 am A2011-22 amdt 1.87; A2022-25 amdt 1.37\nReview—views to be considered\ns 557 hdg am A2011-22 amdt 1.88\ns 557 am A2011-22 amdt 1.87\nReview report\ns 558 am A2011-22 amdt 1.87\nDirector-general’s action after review\ns 559 sub A2023-45 s 14\nExtending an intensive therapy order\ndiv 16.2.6 hdg sub A2023-45 s 14\nIntensive therapy order—extension application\ns 560 am A2011-22 amdt 1.87; A2022-25 amdt 1.38\nIntensive therapy order—extension application must state grounds etc\ns 561 sub A2023-45 s 14\nIntensive therapy order—who must be given extension application\ns 562 am A2011-22 amdt 1.87; A2015-38 amdt 2.62\nIntensive therapy order—Childrens Court to consider extension application\npromptly\ns 563 am A2015-50 amdt 3.26\nIntensive therapy order—criteria for extension up to 6 months\ns 564 am A2011-22 amdt 1.87; A2022-25 amdt 1.39\nIntensive therapy order extension—statement of reasons\ns 565 am A2011-22 amdt 1.87\nAmending or revoking an intensive therapy order\ndiv 16.2.7 hdg sub A2023-45 s 14\n\nIntensive therapy order—amendment\ns 566 am A2011-22 amdt 1.87\nIntensive therapy order—revocation\ns 567 am A2022-25 amdt 1.40\nIntensive therapy order—application for amendment or revocation\ns 568 sub A2023-45 s 14\nIntensive therapy order—application for amendment must state grounds etc\ns 569 am A2011-22 amdt 1.87\nIntensive therapy order—application for revocation must state grounds etc\ns 570 sub A2023-45 s 14\nIntensive therapy order—who must be given application for amendment or\ns 571 am A2015-50 amdt 3.27\nIntensive therapy order—Childrens Court to consider application for\namendment or revocation promptly\ns 572 sub A2023-45 s 14\nIntensive therapy order amendment or revocation—criteria for amendment or\ns 573 am A2010-10 amdt 2.13\nIntensive therapy order amendment or revocation—statement of reasons\ns 574 sub A2023-45 s 14\nMental health referral\ndiv 16.2.8 hdg ins A2023-45 s 14\nReferral of young person with mental disorder or illness\ns 575 sub A2023-45 s 14\nChildren and young people in intensive therapy\npt 16.3 hdg sub A2023-45 s 14\ndiv 16.3.1 hdg sub A2023-45 s 14\nWhen is a child or young person in intensive therapy?\ns 576 am A2011-22 amdt 1.87; A2016-13 amdt 1.22; pars renum\nR47 LA; A2017-47 amdt 1.14; pars renum R74 LA; A2022-25\namdt 1.41; pars renum R84 LA\n\nConfinement\ndiv 16.3.2 hdg sub A2023-45 s 14\nConfinement direction\ns 577 sub A2023-45 s 14\nVisits by accredited people\ndiv 16.3.3 hdg sub A2023-45 s 14\nWho is an accredited person?\ns 578 sub A2023-45 s 14\nIntensive therapy—visits by accredited people must be allowed\ns 579 sub A2023-45 s 14\nIntensive therapy—visits by accredited people\ns 580 sub A2023-45 s 14\nSearches and seizure\ndiv 16.3.4 hdg sub A2023-45 s 14\nApplication—div 16.3.4\ns 581 sub A2023-45 s 14\nMeaning of owner—div 16.3.4\ns 582 sub A2023-45 s 14\nSearch and seizure—powers\ns 583 am A2011-22 amdt 1.87\nSearches\ndiv 16.3.5 hdg om A2023-45 s 14\nApplication and definitions—div 16.3.5\nsdiv 16.3.5.1 hdg om A2023-45 s 14\nSearches generally\nsdiv 16.3.5.2 hdg om A2023-45 s 14\nScanning, frisk and ordinary searches\nsdiv 16.3.5.3 hdg om A2023-45 s 14\nStrip searches\nsdiv 16.3.5.4 hdg om A2023-45 s 14\nBody searches\nsdiv 16.3.5.5 hdg om A2023-45 s 14\nSeizing dangerous things\ndiv 16.3.6 hdg om A2023-45 s 14\nSearches—intrusiveness\ns 584 sub A2023-45 s 14\n\nSearches—use of force\ns 585 sub A2023-45 s 14\nSeized property—must tell owner\ns 586 sub A2023-45 s 14\nSeized property—forfeiture\ns 587 sub A2023-45 s 14\nSeized property—return\ns 588 sub A2023-45 s 14\nIntensive therapy—administration\npt 16.4 hdg sub A2023-45 s 14\nIntensive therapy places\ndiv 16.4.1 hdg sub A2023-45 s 14\nIntensive therapy place—declaration\ns 589 sub A2023-45 s 14\nIntensive therapy place—exclusion of matters from declaration etc\ns 590 sub A2023-45 s 14\nIntensive therapy place—policies and procedures\ns 591 sub A2023-45 s 14\nAuthorisation of operating entity for intensive therapy place\ns 592 sub A2023-45 s 14\nSuspension of operating entity’s authorisation\ns 593 sub A2023-45 s 14\nRevocation of operating entity’s authorisation\ns 594 sub A2023-45 s 14\nTherapy plans\ndiv 16.4.2 hdg sub A2023-45 s 14\nPublic advocate etc may be given therapy plan\ns 595 sub A2023-45 s 14\nIntensive therapy register\ndiv 16.4.3 hdg sub A2010-10 amdt 2.6; A2015-29 amdt 2.16; A2023-45 s 14\nIntensive therapy register\ns 596 sub A2023-45 s 14\nIntensive therapy register—who may have access?\ns 597 sub A2023-45 s 14\nIntensive therapy register—public advocate to inspect\ns 598 sub A2023-45 s 14\n\nStrip searches—requirements before search\ns 599 om A2023-45 s 14\nStrip searches—second therapeutic protection person must be present\ns 600 om A2023-45 s 14\nStrip searches—support person must be present\ns 601 om A2023-45 s 14\nStrip searches—directing support person to leave\ns 602 om A2023-45 s 14\nStrip searches—enforcing direction to leave\ns 603 om A2023-45 s 14\nStrip searches—general rules\ns 604 om A2023-45 s 14\nStrip searches—privacy\ns 605 om A2023-45 s 14\nStrip searches—no touching body\ns 606 om A2023-45 s 14\nStrip searches—visual inspection of body\ns 607 om A2023-45 s 14\nStrip searches—clothing\ns 608 om A2023-45 s 14\nBody searches—directions\ns 609 om A2023-45 s 14\nBody searches—requirements before search\ns 610 om A2023-45 s 14\nBody searches—non-treating nurse must be present\ns 611 om A2023-45 s 14\nBody searches—another person may be present\ns 612 om A2023-45 s 14\nBody searches—support person must be present\ns 613 om A2023-45 s 14\nBody searches—directing support person to leave\ns 614 om A2023-45 s 14\nBody searches—touching body\ns 615 om A2023-45 s 14\nBody searches—clothing\ns 616 om A2023-45 s 14\n\nBody searches—assistance\ns 617 om A2023-45 s 14\nBody searches—non-treating doctor may seize things\ns 618 om A2023-45 s 14\nApplication—div 16.3.6\ns 619 om A2023-45 s 14\nSeizing property—who is the owner?\ns 620 om A2023-45 s 14\nSeizing property—dangerous things may be seized\ns 621 om A2023-45 s 14\nSeized property—must tell owner\ns 622 om A2023-45 s 14\nSeized property—forfeiture\ns 623 am A2011-22 amdt 1.87; A2016-13 amdt 1.23\nSeized property—return\ns 624 om A2023-45 s 14\nTherapeutic protection place—declaration\ns 625 am A2011-22 amdt 1.87\nTherapeutic protection place—exclusion of matters from declaration etc\ns 626 am A2011-22 amdt 1.87\nTherapeutic protection place—policies and procedures\ns 627 am A2011-22 amdt 1.87\nAuthorisation of operating entity for therapeutic protection place\ns 628 am A2011-22 amdt 1.87\nSuspension of operating entity’s authorisation\ns 629 am A2011-22 amdt 1.87, amdt 1.88\nRevocation of operating entity’s authorisation\ns 630 am A2011-22 amdt 1.87, amdt 1.88\nPublic advocate etc may be given therapeutic protection plan\ns 631 hdg sub A2022-25 amdt 1.42\ns 631 am A2011-22 amdt 1.87; A2022-25 amdt 1.43\n\nHealth practitioners—non-treating functions\ns 632 hdg sub A2015-29 amdt 2.17\ns 632 sub A2010-10 amdt 2.6\nam A2015-29 amdts 2.18-2.21\nTherapeutic protection register\ns 633 om A2023-45 s 14\nTherapeutic protection register—who may have access?\ns 634 am A2011-22 amdt 1.87; A2016-13 amdt 1.24; pars renum\nR47 LA; A2017-47 amdt 1.15; pars renum R74 LA\nTherapeutic protection register—public advocate to inspect\ns 635 om A2023-45 s 14\nCare and protection—notification and review of certain decisions\nch 16A hdg ins A2024-34 s 21\npt 16A.1 hdg ins A2024-34 s 21\nDefinitions—ch 16A\ns 635A ins A2024-34 s 21\ndef affected person ins A2024-34 s 21\ndef decision maker ins A2024-34 s 21\ndef internally reviewable decision ins A2024-34 s 21\ndef internal reviewer ins A2024-34 s 21\ndef internal review notice ins A2024-34 s 21\ndef reviewable decision ins A2024-34 s 21\nInternal review\npt 16A.2 hdg ins A2024-34 s 21\nInternal review notices\ns 635B ins A2024-34 s 21\nApplication for internal review\ns 635C ins A2024-34 s 21\nApplication not affect internally reviewable decision\ns 635D ins A2024-34 s 21\nInternal review\ns 635E ins A2024-34 s 21\nApplication for ACAT review—internally reviewable decision\ns 635F ins A2024-34 s 21\nACAT review\npt 16A.3 hdg ins A2024-34 s 21\n\nReviewable decision notices\ns 635G ins A2024-34 s 21\nApplication for ACAT review—reviewable decision\ns 635H ins A2024-34 s 21\nApplication for ACAT review by certain statutory office-holders—reviewable\ns 635I ins A2024-34 s 21\nACAT Procedural matters\npt 16A.4 hdg ins A2024-34 s 21\ndiv 16A.4.1 hdg ins A2024-34 s 21\nDefinitions—pt 16A.4\ns 635J ins A2024-34 s 21\ndef litigation guardian ins A2024-34 s 21\ndef review application ins A2024-34 s 21\nam A2025-29 amdt 3.43\nParties and appearance\ndiv 16A.4.2 hdg ins A2024-34 s 21\nParties to review application\ns 635K ins A2024-34 s 21\nAffected people to be notified about review application\ns 635L ins A2024-34 s 21\nAppearance\ns 635M ins A2024-34 s 21\nChildren and young people in review applications\ndiv 16A.4.3 hdg ins A2024-34 s 21\nMeaning of direct legal representative and independent legal\nrepresentative—div 16A.4.3\ns 635N ins A2024-34 s 21\nChildren and young people’s right to express views to ACAT\ns 635O ins A2024-34 s 21\nAppointment of legal representative for child or young person\ns 635P ins A2024-34 s 21\nLegal representative to act as direct legal representative or independent\nlegal representative\ns 635Q ins A2024-34 s 21\nFunctions of legal representative\ns 635R ins A2024-34 s 21\n\nRemoval of legal representative\ns 635S ins A2024-34 s 21\nAppointment of litigation guardian for child or young person\ns 635T ins A2024-34 s 21\nFunctions of litigation guardian\ns 635U ins A2024-34 s 21\nRemoval of litigation guardian\ns 635V ins A2024-34 s 21\nChildren and young people not to be compelled to give evidence\ns 635W ins A2024-34 s 21\nQuestioning children and young people\ns 635X ins A2024-34 s 21\nMiscellaneous\ndiv 16A.4.4 hdg ins A2024-34 s 21\nHearings to be in private\ns 635Y ins A2024-34 s 21\nNon-disclosure of information in notices and statements\ns 635Z ins A2024-34 s 21\nMatter before ACAT and court\ns 635ZA ins A2024-34 s 21\nReview of ch 16A\ns 635ZB ins A2024-34 s 21\nexp 1 July 2031 (s 635ZB (2))\nDefinitions—ch 17\ns 637 def welfare body am A2011-22 amdt 1.83\nWhat is a child welfare law?\ns 640 am A2011-28 amdt 3.46; A2025-29 amdt 4.26\nWhat is an interstate law?\ns 641 am A2011-28 amdt 3.46; A2025-29 amdt 4.26\nWho is an interstate officer?\ns 642 am A2011-28 amdt 3.46; A2025-29 amdt 4.26\nTransfers of orders by director-general\ndiv 17.2.1 hdg am A2011-22 amdt 1.87\nDirector-general may transfer child welfare order\ns 643 hdg am A2011-22 amdt 1.87\ns 643 am A2011-22 amdt 1.87, amdt 1.88\n\nDirector-general transfer—considerations\ns 644 hdg am A2011-22 amdt 1.87\ns 644 am A2011-22 amdt 1.87; A2023-49 s 45\nDirector-general transfer—certain people must agree\ns 645 hdg am A2011-22 amdt 1.87\ns 645 am A2009-40 amdt 1.3\nDirector-general transfer—certain people must be told\ns 646 hdg am A2011-22 amdt 1.87\ns 646 am A2011-22 amdt 1.87; A2022-25 amdt 1.44\nDirector-general transfer—limited time for review\ns 647 hdg am A2011-22 amdt 1.87\ns 647 am A2011-22 amdt 1.87\nChildrens Court transfer—application\ns 648 am A2011-22 amdt 1.87; A2022-25 amdt 1.45\nChildrens Court transfer—criteria\ns 649 am A2011-22 amdt 1.87\nChildrens Court transfer—considerations\ns 651 am A2011-22 amdt 1.87; A2023-49 s 45\nChildrens Court transfer—care plans\ns 652 am A2011-22 amdt 1.87\nChildrens Court transfer—appeal applications\ns 653 am A2011-22 amdt 1.87\nInterstate registration of ACT orders—revocation\ns 656 am A2011-22 amdt 1.87\nInterstate registration of ACT orders—Childrens Court file\ns 657 am A2011-22 amdt 1.87\nTransfer of ACT proceedings—applications\ns 658 am A2011-22 amdt 1.87; A2022-25 amdt 1.46\nTransfer of ACT proceedings—criteria\ns 659 am A2011-22 amdt 1.87\nTransfer of ACT proceedings—appeal applications\ns 662 am A2011-22 amdt 1.87\nTransfer of ACT proceedings—revocation of registration\ns 664 am A2011-22 amdt 1.87\nACT registration—interstate child welfare orders\ns 666 am A2011-22 amdt 1.87\nACT registration of interstate orders—application for revocation\ns 669 am A2011-22 amdt 1.87\n\nACT registration—interstate child welfare proceedings\ns 672 am A2011-22 amdt 1.87\nACT registration of interstate proceedings—application for revocation\ns 675 am A2011-22 amdt 1.87\nACT registration of interstate orders and proceedings—Maori children and\ns 678 am A2022-14 amdt 3.38\nPolice assistance\ns 679 am A2011-22 amdt 1.87; A2016-42 amdt 3.17; pars renum\nR57 LA; A2023-45 s 15\nPolice powers\ns 680 am A2011-22 amdt 1.87\nSeized things may be kept until matter completed\ns 681 am A2011-22 amdt 1.87\nSafe custody—parental responsibility to director-general\ns 683 hdg am A2011-22 amdt 1.87\ns 683 am A2011-22 amdt 1.87\nSafe custody warrant—application\ns 685 am A2011-22 amdt 1.87\nSafe custody warrant—criteria\ns 686 am A2016-42 amdt 3.18; pars renum R57 LA; A2023-45 s 16,\ns 17\nSafe custody warrant—content\ns 687 am A2011-22 amdt 1.87, amdt 1.88; A2015-50 amdt 3.28\nSafe custody warrant—application made other than in person\ns 688 am A2011-22 amdt 1.87; A2018-33 amdt 1.5, amdt 1.6\nSafe custody warrant—announcement before entry\ns 689 am A2011-22 amdt 1.87; A2022-14 amdt 3.39\nSafe custody warrant—details of warrant to be given to occupier etc\ns 690 am A2011-22 amdt 1.87\nSafe custody warrant—placement of child or young person\ns 692 am A2011-22 amdt 1.87\nSafe custody—matter must be brought to court promptly\ns 694 am A2011-22 amdt 1.87; A2023-45 amdt 1.16\nCare and protection—provisions applying to court proceedings under care\nand protection chapters\nch 19 hdg sub A2024-34 s 22\n\nParties—who are parties to an application?\ns 700 am A2022-25 amdt 1.47\nParties—hearing in party’s or other person’s absence\ns 701 am A2023-45 amdt 1.17\nParties—application to join party\ns 704 am A2022-25 amdt 1.48\nParties—application for removal of party\ns 706 am A2022-25 amdt 1.49\nParties—representation\ns 709 am A2011-22 amdt 1.87, amdt 1.88\nOrders—must be given to people\ns 720 am A2011-22 amdt 1.87; A2022-25 amdt 1.50; pars renum\nResidence, contact and specific issues provisions—giving, amending or\nextending directions\ns 721 am A2011-22 amdt 1.87; A2022-25 amdt 1.51; pars renum\nOrders—statement of reasons\ns 722 am A2015-50 amdt 3.29; A2023-45 s 18\nProceedings related to discrimination complaints\npt 19.7 hdg ins A2023-7 amdt 1.1\nDeclaration in relation to discrimination complaint\ns 727AA ins A2023-7 amdt 1.1\nDiscrimination commissioner may make submission\ns 727AB ins A2023-7 amdt 1.1\nChildren and Young People Death Review Committee\nch 19A hdg ins A2011-9 s 4\nEstablishment and functions of committee\npt 19A.1 hdg ins A2011-9 s 4\nEstablishment of committee\ns 727A ins A2011-9 s 4\nFunctions of committee\ns 727B ins A2011-9 s 4\nam A2023-49 s 46, s 47\nCommittee members\ns 727C ins A2011-9 s 4\nam A2011-22 amdt 1.89\n\nAppointment of committee members\ns 727D ins A2011-9 s 4\nam A2015-13 s 4; ss renum R38 LA; A2023-49 s 48, s 49\nAppointment of chair of committee\ns 727E ins A2011-9 s 4\nAppointment of deputy chair of committee\ns 727EA ins A2015-13 s 5\nConflict of interest\ns 727F ins A2011-9 s 4\ns 727G ins A2011-9 s 4\nom A2023-49 s 50\nEnding member appointments\ns 727H ins A2011-9 s 4\nArrangements for staff\ns 727I ins A2011-9 s 4\nam A2011-22 amdt 1.89, amdt 1.90\nsub A2016-52 amdt 1.44\ns 727IA ins A2023-49 s 51\nMeetings of committee\npt 19A.2 hdg ins A2011-9 s 4\nMeetings\ns 727J ins A2011-9 s 4\nam A2015-13 s 6\nPresiding member at meetings\ns 727K ins A2011-9 s 4\nsub A2015-13 s 7\nQuorum at meetings\ns 727L ins A2011-9 s 4\nam A2015-13 s 8\nVoting at meetings\ns 727M ins A2011-9 s 4\nam A2015-13 s 9\nRegister of deaths of children and young people\npt 19A.3 hdg ins A2011-9 s 4\n\nChildren and young people deaths register\ns 727N ins A2011-9 s 4\nam A2011-22 amdt 1.89; A2013-10 s 10; A2013-44 amdt 3.21\n(6), (7) exp 17 September 2017 (s 727N (7))\nam A2022-14 amdt 3.40; A2023-49 s 52, s 53; ss renum R92\nLA\nObtaining information from certain entities\ns 727O ins A2011-9 s 4\nam A2011-22 amdt 1.89; A2023-49 s 54; ss renum R92 LA\nExchanging information with corresponding interstate entities\ns 727P ins A2011-9 s 4\nPower to ask for information, documents and other things\ns 727Q ins A2011-9 s 4\nChildren and young people deaths register—who may have access?\ns 727R ins A2011-9 s 4\nam A2023-49 s 55; A2025-29 amdt 4.26\nReporting by committee\npt 19A.4 hdg ins A2011-9 s 4\nsub A2023-49 s 56\nBiennial reporting\ns 727S hdg sub A2023-49 s 57\ns 727S ins A2011-9 s 4\nam A2011-22 amdt 1.89; A2016-38 s 28; A2022-14 amdt 3.40;\nA2023-49 ss 58-62; ss renum R92 LA\nOther reports\ns 727T ins A2011-9 s 4\nam A2023-49 s 63, s 64; ss renum R92 LA\nReporting on deaths of children and young people before the\ncommencement of ch 19A\ns 727U ins A2011-9 s 4\nam A2011-22 amdt 1.89\nexp 17 September 2017 (s 727U (6))\nApplication—ch 20\ns 731 am A2011-22 amdt 1.87; A2011-43 s 4; pars renum R27 LA;\nA2013-21 s 8; A2022-14 amdt 3.41; A2022-10 amdt 1.2\nWhat is a childcare centre?\ns 733 am A2022-14 amdt 3.41\nOffence—fail to notify change of controlling person\ns 737 am A2011-22 amdt 1.87\n\nChildcare services—offences\npt 20.3 hdg note am A2011-22 amdt 1.87\nChildcare service licence—proposed proprietor may apply\ns 743 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nChildcare service licence—further information\ns 744 am A2011-22 amdt 1.87\nChildcare service licence—director-general need not decide if no information\nor inspection\ns 745 hdg am A2011-22 amdt 1.87\ns 745 am A2011-22 amdt 1.87\nChildcare service licence—eligibility\ns 746 am A2011-22 amdt 1.87\nChildcare service licence—decision on application\ns 747 am A2011-22 amdt 1.87\nChildcare service licence—childcare service standards\ns 749 am A2010-9 ss 5-8; ss renum R16 LA; A2011-22 amdt 1.87;\nA2025-29 amdt 4.26\nChildcare service licence—length\ns 750 am A2011-22 amdt 1.87\nChildcare service licence—extensions\ns 751 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nChildcare service licence—amendment\ns 752 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nChildcare service licence—transfer\ns 753 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nChildcare service licence renewal—licensed proprietor may apply\ns 754 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nChildcare service licence renewal—further information\ns 755 am A2011-22 amdt 1.87\nChildcare service licence renewal—director-general need not decide if no\ninformation or inspection\ns 756 hdg am A2011-22 amdt 1.87\ns 756 am A2011-22 amdt 1.87\nChildcare service licence renewal—eligibility\ns 757 am A2011-22 amdt 1.87\nChildcare service licence renewal—decision on application\ns 758 am A2011-22 amdt 1.87\n\nChildcare service licence—compliance notices\ns 760 am A2011-22 amdt 1.87\nChildcare service licence—suspension for noncompliance\ns 761 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nChildcare service licence—ending noncompliance suspension\ns 762 am A2011-22 amdt 1.87\nChildcare service licence—suspension if children unsafe\ns 763 am A2011-22 amdt 1.87, amdt 1.88; A2025-29 amdt 4.26\nChildcare service licence—notice of intention to cancel\ns 764 am A2011-22 amdt 1.87\nChildcare service licence—cancellation\ns 765 am A2011-22 amdt 1.87\nChildcare service licence—cancellation notice\ns 766 am A2011-22 amdt 1.87\nOffence—fail to return cancelled childcare service licence\ns 767 am A2011-22 amdt 1.87\nChildcare service licence—identity of childcare workers protected\ns 768 am A2011-22 amdt 1.87\nOffence—operate unlicensed childcare service\ns 769 am A2011-22 amdt 1.87\nOffence—operate childcare service when licence suspended\ns 771 am A2011-22 amdt 1.87\nOffence—operate childcare service in contravention of standards\ns 772 am A2011-22 amdt 1.87\nChildcare service licence—register\ns 773 am A2011-22 amdt 1.87\nAssessing compliance with childcare services standards\ns 774 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nAnnual childcare standards report\ns 775 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nAnnual childcare standards report—requirements\ns 776 am A2025-29 amdt 4.26\nAnnual childcare standards report—consultation\ns 777 am A2011-22 amdt 1.87, amdt 1.88\nRemoval of child in immediate danger\ns 778 am A2011-22 amdt 1.87\n\nCh 21 subject to Education Act 2004, s 13\ns 779 om A2009-40 amdt 1.4\nDefinitions—ch 21\ns 780 def work experience sub A2009-40 amdt 1.5\nWhen does someone employ a child or young person?\ns 781 am A2009-17 s 4; A2016-20 amdt 1.1\nWhen is employment contrary to the best interests of a child or young\nperson?\ns 782 am A2009-40 amdt 1.6\nWork experience program—exemption from ch 21\ns 783 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nWork experience program—decision on application\ns 784 am A2011-22 amdt 1.87\nWork experience program exemption—further information\ns 785 am A2011-22 amdt 1.87\nSuspension of work experience program exemption\ns 786 am A2011-22 amdt 1.87, amdt 1.88\nRevocation of educational institution’s exemption\ns 787 am A2011-22 amdt 1.87, amdt 1.88\nEmployment of children and young people\npt 21.3 hdg note sub A2009-28 amdt 2.1; A2011-55 amdt 1.1\nDirector-general may prohibit employment\ns 788 hdg am A2011-22 amdt 1.87\ns 788 am A2011-22 amdt 1.87\nOffence—contravene employment prohibition notice\ns 789 am A2011-22 amdt 1.87\nDirector-general may state conditions of employment\ns 790 hdg am A2011-22 amdt 1.87\ns 790 am A2011-22 amdt 1.87\nOffence—contravene employment conditions notice\ns 791 am A2011-22 amdt 1.87\nEmployment of children and young people under 15 years old\npt 21.4 hdg sub A2009-40 amdt 1.7\nnotes sub A2009-28 amdt 2.2; A2009-40 amdt 1.7; A2011-55\namdt 1.2\nOffence—employment of children and young people under 15 years old\ns 795 hdg am A2009-40 amdt 1.9\ns 795 am A2009-40 amdt 1.9\n\nException to s 795—employment in light work\ns 796 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nDeclaration of high risk employment\ns 798 am A2025-29 amdt 4.26\nHigh risk employment—employer may apply for permit\ns 799 am A2009-40 amdt 1.9; A2011-22 amdt 1.87; A2025-29\namdt 4.26\nHigh risk employment permit—decision on application\ns 800 am A2011-22 amdt 1.87\nHigh risk employment permit—further information\ns 801 am A2011-22 amdt 1.87\nOffence—employment of child or young person under 15 years old in high\nrisk employment\ns 803 hdg am A2009-40 amdt 1.9\ns 803 am A2009-40 amdt 1.9; A2011-22 amdt 1.87\nOffence—contravene condition of permit\ns 804 am A2011-22 amdt 1.87\nWhat is a research project?\ns 806 am A2011-22 amdt 1.87; A2023-45 amdt 1.18; A2023-49 s 65,\ns 66\nApproval of research projects—generally\ns 807 am A2011-22 amdt 1.87\nResearch standards—certain matters to be covered\ns 808 am A2011-22 amdt 1.87\nApproval of research projects—child or young person to take part\ns 809 am A2011-22 amdt 1.87; A2022-14 amdt 3.42\nApproval of ethics committees\ns 810 am A2025-29 amdt 4.26\nDefinitions—ch 23\ns 812 def authorised person am A2011-22 amdt 1.87\nPower to enter premises—ch 13 (Care and protection—emergency\nsituations)\ns 814 hdg sub A2023-45 amdt 1.19\ns 814 am A2023-45 amdt 1.20\nPower to enter premises—ch 15 (Care and Protection—director-general has\naspect of parental responsibility)\ns 815 hdg am A2011-22 amdt 1.87\ns 815 am A2011-22 amdt 1.87; A2012-33 amdt 1.6\n\nPower to enter premises—ch 16 (Care and protection—intensive therapy for\nchildren and young people)\ns 816 hdg sub A2023-45 amdt 1.21\ns 816 am A2009-20 amdt 3.29; A2011-22 amdt 1.87; A2023-45\namdts 1.22-1.24\nPower to enter premises—ch 20 (Childcare services)\ns 817 am A2011-22 amdt 1.87\nProduction of identity card\ns 818 am A2022-14 amdt 3.43\nConsent to entry\ns 819 am A2022-14 amdt 3.43\nPower to require name and address\ns 822 am A2009-49 amdt 3.17; A2022-14 amdt 3.43\nWarrants—application made other than in person\ns 825 am A2018-33 amdt 1.7, amdt 1.8\nSearch warrants—announcement before entry\ns 826 am A2022-14 amdt 3.44\nReturn of things seized\ns 832 am A2011-22 amdt 1.87\nCompensation for exercise of enforcement powers\ns 834 am A2008-46 amdt 3.8 (amdts ineffective see s 835)\nAppeals to Supreme Court—generally\ns 835 am R10 LA; A2016-42 amdt 3.19\nNotification and review of decisions\ndiv 24.1.3 hdg sub A2008-36 amdt 1.80\nMeaning of reviewable decision—div 24.1.3\ns 839 sub A2008-36 amdt 1.80\nam A2011-22 amdt 1.87; A2015-22 s 23, s 24; A2015-46 s 51,\ns 52; items renum R45 LA; A2018-24 s 22; items renum R65\nLA; A2018-42 amdt 3.28\nReviewable decision notices\ns 839A ins A2008-36 amdt 1.80\nam A2018-42 amdt 3.29; A2025-29 amdt 4.26\nApplications for review\ns 839B ins A2008-36 amdt 1.80\nDecision to refuse to give childcare service licence must not be stayed or\notherwise affected pending outcome of review\ns 840 am A2008-36 amdt 1.81, amdt 1.82\n\nApplication—ch 25\ns 841 sub A2023-45 s 19\nDefinitions––Act and ch 25\ns 842 (2) def information am A2010-10 amdt 2.13\nWho is an information holder?\ns 843 am A2010-9 s 9; A2011-22 amdt 1.87; A2022-25 amdt 1.52;\npars renum R84 LA\nWhat is sensitive information?\ns 845 am A2010-9 s 10; A2011-22 amdt 1.87; A2022-25 amdt 1.53;\nA2023-45 s 20, s 21; pars renum R90 LA; A2023-49 s 67,\ns 68\nOffence—secrecy of protected information\ns 846 am A2024-34 s 23\nException to s 846—information given under this Act\ns 847 am A2024-34 s 24\nException to s 846—information given under another law\ns 848 am A2016-55 amdt 4.4; A2024-34 s 25\nException to s 846—information given for civil claims in which Territory is\nrespondent\ns 849A ins A2024-34 s 26\nSharing protected information\npt 25.3 hdg note am A2011-22 amdt 1.87\nMinister or director-general—giving information to person about the person\ns 850 hdg am A2011-22 amdt 1.87\ns 850 am A2011-22 amdt 1.87\nMinister or director-general—giving information in best interests of child or\nyoung person\ns 851 hdg am A2011-22 amdt 1.87\ns 851 am A2011-22 amdt 1.87\nDirector-general—giving information to person under corresponding\ns 852 hdg am A2011-22 amdt 1.87\ns 852 am A2011-22 amdt 1.87\nFamily group conference facilitator—giving information in best interests of\ns 853 am A2011-22 amdt 1.87\nOut-of-home carer and approved kinship and foster care organisation—\ngiving information necessary for responsibilities\ns 854 hdg sub A2015-46 s 53\ns 854 am A2011-22 amdt 1.87; A2015-46 s 54\n\nDirector-general—giving information to researcher\ns 855 hdg am A2011-22 amdt 1.87\ns 855 am A2011-22 amdt 1.87; A2022-14 amdt 3.45\nDirector-general—giving information to authorised assessor\ns 856 hdg am A2011-22 amdt 1.87\ns 856 am A2011-22 amdt 1.87\nDirector-general—giving information to commissioner for fair trading\ns 856A ins A2016-39 s 4\nam A2020-29 amdt 1.15\nResponsible person—giving information to commissioner for fair trading\ns 856B ins A2016-39 s 4\nam A2020-29 amdt 1.16\nGiving and using information for civil claims in which Territory is respondent\ns 856C ins A2024-34 s 27\nCertain identifying information not to be given\ns 857 am A2010-9 s 11, s 12; A2023-49 s 69\nWhat is safety and wellbeing information?\ns 858 am A2022-14 amdt 3.45; A2023-49 s 70\nWho is an information sharing entity?\ns 859 am A2015-22 s 25; A2015-46 s 55; A2022-14 amdt 3.46;\nA2023-45 s 22, pars renum R90 LA\nMinister or director-general—giving safety and wellbeing information to\ninformation sharing entity\ns 860 hdg am A2011-22 amdt 1.87\ns 860 am A2011-22 amdt 1.87\nInformation sharing entity—giving safety and wellbeing information to\ns 861 hdg am A2011-22 amdt 1.87\ns 861 am A2011-22 amdt 1.87\nDirector-general—asking information sharing entity for safety and wellbeing\ns 862 hdg am A2011-22 amdt 1.87\ns 862 am A2011-22 amdt 1.87\nCare teams—sharing safety and wellbeing information\ns 863 am A2009-49 amdt 1.10; A2010-10 amdt 2.13; A2011-22\namdt 1.87; A2015-46 s 56, s 57; A2014-51 amdt 1.4;\nA2015-38 amdt 2.65; A2016-38 s 29; A2018-24 s 23;\nA2022-14 amdt 3.47; A2023-45 s 23; A2025-29 amdt 3.44\n\nSharing reportable conduct information\ndiv 25.3.3 hdg ins A2016-39 s 5\nsub A2017-48 s 4\nDefinitions—div 25.3.3\ns 863A ins A2016-39 s 5\ndef child safety information sharing entity ins A2017-48 s 6\ndef designated entity ins A2016-39 s 5\nam A2017-48 s 5\ndef head ins A2017-48 s 6\ndef reportable conduct information ins A2016-39 s 5\nEntity may request reportable conduct information\ns 863B hdg sub A2017-48 s 7\ns 863B ins A2016-39 s 5\nam A2017-48 ss 8-11\nEntity may provide reportable conduct information\ns 863C hdg sub A2017-48 s 12\ns 863C ins A2016-39 s 5\nam A2017-48 s 13\nUnsolicited provision of information\ns 863CA ins A2017-48 s 14\nRestriction on use of information given under this division\ns 863D ins A2016-39 s 5\nProtection from liability for providing reportable conduct information\ns 863E ins A2016-39 s 5\nReportable conduct information may be given despite territory law to the\ncontrary\ns 863F ins A2016-39 s 5\nCoordination etc between entities\ns 863G hdg sub A2017-48 s 16\ns 863G ins A2016-39 s 5\nam A2017-48 s 17\nGiving protected information to court or investigative entity\ns 865 am A2025-29 amdt 3.45\nGiving protected information to police\ns 865A ins A2010-9 s 13\nam A2011-22 amdt 1.87\nCourt may order sensitive information to be given or produced\ns 866 am A2010-38 s 8; A2024-34 ss 28-31\n\nInvestigative entity may divulge protected information etc\ns 867 am A2010-9 s 14; A2023-49 s 71\nHow voluntary reports or mandatory reports may be used in evidence\ns 868 hdg sub A2023-49 s 72\ns 868 am A2011-22 amdt 1.87; A2023-49 s 73\nEvidence relating to children and young people under age of criminal\nresponsibility in intensive therapy etc inadmissible in criminal proceeding\ns 871A ins A2023-45 s 24\nProtection of people giving certain information\ns 874 am A2010-10 amdt 2.13; A2011-22 amdt 1.87; A2012-33\namdt 1.7, amdt 1.8; A2015-46 s 58; A2016-13\namdts 1.25-1.27; pars renum R47 LA; A2022-25 amdt 1.54,\namdt 1.55;\nA2023-45 s 25; pars renum R90 LA; A2023-49 s 74, s 75;\npars renum R92 LA\nInteraction with other laws\ns 875 am A2010-9 s 15; A2011-22 amdt 1.87; A2011-48 amdt 1.9;\nA2011-45 amdt 1.23; A2014-49 amdt 1.4; A2020-29\namdt 1.17\nConfidential report of contravention of Act\ns 876 am A2011-22 amdt 1.87\nPower of court to bring young detainee before it—civil proceeding\ns 876A ins A2015-3 s 5; A2018-52 amdt 1.9\nOffence—tattoo child or young person without agreement\ns 877 am A2010-43 amdt 1.6; A2016-7 amdt 1.6\nProtection of officials from liability\ns 878 am A2011-22 amdt 1.87; A2012-33 amdt 1.9, amdt 1.10; pars\nrenum R32 LA\nACT child welfare services to assist certain statutory office holders\ns 879 hdg sub A2022-25 amdt 1.56\ns 879 am A2015-46 s 59; A2016-13 amdt 1.28; A2022-25 amdt 1.57,\namdt 1.58\nEvidentiary certificates—director-general—parental responsibility\ns 881 hdg am A2011-22 amdt 1.87\ns 881 am A2011-22 amdt 1.87\nEvidentiary certificates—director-general—custody etc\ns 882 hdg am A2011-22 amdt 1.87\ns 882 am A2011-22 amdt 1.87, amdt 1.88\nAppointment of analyst for Act\ns 883 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\n\nDirector-general delegations—approved care and protection organisations\ns 883A ins A2018-24 s 24\nSubdelegations—approved care and protection organisations\ns 883B ins A2018-24 s 24\nRegister of subdelegations\ns 883C ins A2018-24 s 24\nDetermination of fees\ns 885 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nApproved forms\ns 886 am A2011-22 amdt 1.87; A2025-29 amdt 4.26\nStandard-making power\ns 887 am A2011-22 amdt 1.87; A2015-22 s 26; pars renum R39 LA;\nA2023-45 s 26; A2025-29 amdt 4.26\nRegulation-making power\ns 888 am A2025-29 amdt 4.26\nLegislation amended\ns 889 om LA s 89 (3)\nTransitional\nch 27 hdg ins A2008-20 amdt 1.1\nGeneral\npt 27.1 hdg ins A2008-20 amdt 1.1\nMeaning of repealed Act—pt 27.1\ns 890 ins A2008-20 amdt 1.1\nConstruction of outdated references\ns 891 ins A2008-20 amdt 1.1\nProcedural changes—applications under repealed Act\ns 892 ins A2008-20 amdt 1.1\n\nReferences to orders in force immediately before commencement day\ns 893 ins A2008-20 amdt 1.1\nReferences to chief executive\ns 893A ins A2011-22 amdt 1.84\nTransitional regulations\ns 894 ins A2008-20 amdt 1.1\nExpiry—ch 27\ns 895 ins A2008-20 amdt 1.1\nCare and protection matters\npt 27.2 hdg ins A2008-20 amdt 1.1\nDefinitions—pt 27.2\ns 896 ins A2008-20 amdt 1.1\nParental responsibility generally\ns 897 ins A2008-20 amdt 1.1\nAgreement for exercise of general parental responsibility—in force before\ns 898 ins A2008-20 amdt 1.1\nam A2011-28 amdt 3.22\nAuthority to exercise parental responsibility for particular child or young\nperson—in force before commencement day\ns 899 ins A2008-20 amdt 1.1\n\nOfficial visitor—continued appointment\ns 900 ins A2008-20 amdt 1.1\nexp 9 March 2009 (s 900 (2))\nOfficial visitor—unfinished complaints\ns 901 ins A2008-20 amdt 1.1\nSuitable entities\ns 902 ins A2008-20 amdt 1.1\nFamily group conference agreement—unfinished applications for\nregistration\ns 903 ins A2008-20 amdt 1.1\nFamily group conference agreement—in force before commencement day\ns 904 ins A2008-20 amdt 1.1\nRegistered family group conference agreement—in force before\ns 905 ins A2008-20 amdt 1.1\nVoluntary care agreement—in force before commencement day\ns 906 ins A2008-20 amdt 1.1\nShort care and protection order—unfinished applications\ns 907 ins A2008-20 amdt 1.1\nFinal care and protection order—unfinished applications\ns 908 ins A2008-20 amdt 1.1\nTherapeutic protection order—unfinished applications\ns 909 ins A2008-20 amdt 1.1\n\nShort care and protection order—in force before commencement day\ns 910 ins A2008-20 amdt 1.1\nCare and protection orders—unfinished cross-applications\ns 911 ins A2008-20 amdt 1.1\nInterim care and protection orders—in force before commencement day\ns 912 ins A2008-20 amdt 1.1\nInterim therapeutic protection orders—in force before commencement day\ns 913 ins A2008-20 amdt 1.1\nInterim protection orders—in force before commencement day\ns 914 ins A2008-20 amdt 1.1\nFinal protection orders—in force before commencement day\ns 915 ins A2008-20 amdt 1.1\nContact orders—in force before commencement day\ns 916 ins A2008-20 amdt 1.1\nResidence orders—in force before commencement day\ns 917 ins A2008-20 amdt 1.1\nShort care and protection order—unfinished applications for extension or\nvariation\ns 918 ins A2008-20 amdt 1.1\nShort care and protection order—unfinished applications for revocation\ns 919 ins A2008-20 amdt 1.1\n\nAssessment orders—appraisals—unfinished applications\ns 920 ins A2008-20 amdt 1.1\nAssessment orders—special assessments—unfinished applications\ns 921 ins A2008-20 amdt 1.1\nAssessment orders—in force before commencement day\ns 922 ins A2008-20 amdt 1.1\nEmergency action\ns 923 ins A2008-20 amdt 1.1\nRelease after emergency action—unfinished applications\ns 924 ins A2008-20 amdt 1.1\nexp 9 October 2008 (s 924 (3))\nVariation or revocation of therapeutic protection order—unfinished\ns 925 ins A2008-20 amdt 1.1\nInterim orders before application adjourned—in force before commencement\nday\ns 926 ins A2008-20 amdt 1.1\nSpecific issues orders—in force before commencement day\ns 927 ins A2008-20 amdt 1.1\nam A2008-36 amdt 1.83\nVariation or revocation of interim care and protection orders—unfinished\ns 928 ins A2008-20 amdt 1.1\n\nFinal care and protection orders—in force before commencement day\ns 929 ins A2008-20 amdt 1.1\nam A2008-36 amdt 1.84\nFinal care and protection orders (therapeutic protection)—in force before\ns 930 ins A2008-20 amdt 1.1\nVariation or revocation of final care and protection orders—unfinished\ns 931 ins A2008-20 amdt 1.1\nSafe custody warrant—unfinished applications\ns 932 ins A2008-20 amdt 1.1\nSafe custody warrant—in force before commencement day\ns 933 ins A2008-20 amdt 1.1\nAdministrative transfer of orders—in force before commencement day\ns 934 ins A2008-20 amdt 1.1\nTransfer of orders—unfinished applications\ns 935 ins A2008-20 amdt 1.1\nChildrens Court transfer of orders—in force before commencement day\ns 936 ins A2008-20 amdt 1.1\nOrder transferring proceeding—unfinished applications\ns 937 ins A2008-20 amdt 1.1\n\nInterim orders about transferred proceedings—in force before\ns 938 ins A2008-20 amdt 1.1\nRevocation of registration—unfinished applications\ns 939 ins A2008-20 amdt 1.1\nSensitive information and protected information\ns 940 ins A2008-20 amdt 1.1\nACAT review of decisions\ns 941 ins A2008-20 amdt 1.1\nsub A2008-36 amdt 1.85\nCare and protection matters—interim transitionals\npt 27.3 hdg ins A2008-20 amdt 1.1\nInformation secrecy and sharing\ns 942 ins A2008-20 amdt 1.1\nPeople with parental responsibility\ns 943 ins A2008-20 amdt 1.1\nCriminal matters—transfers\npt 27.4 hdg ins A2008-20 amdt 1.1\nDefinitions—pt 27.4\ns 944 ins A2008-20 amdt 1.1\n\nInterstate transfers—agreements and arrangements with other jurisdictions\ns 945 ins A2008-20 amdt 1.1\nInterstate transfers—application for transfer of young offender\ns 946 ins A2008-20 amdt 1.1\nInterstate transfers—order for transfer of young offender\ns 947 ins A2008-20 amdt 1.1\nInterstate transfers—escape during transit through ACT\ns 948 ins A2008-20 amdt 1.1\nInterstate transfers—search warrant for escapee\ns 949 ins A2008-20 amdt 1.1\nInterstate transfers—revocation of transfer order\ns 950 ins A2008-20 amdt 1.1\nInterstate transfers—arrangements after revocation of transfer order\ns 951 ins A2008-20 amdt 1.1\nSpecial purpose leave\ns 952 ins A2008-20 amdt 1.1\nCriminal matters—interim transitionals\npt 27.5 hdg ins A2008-20 amdt 1.1\nOfficial visitor\ns 953 ins A2008-20 amdt 1.1\nPerson remanded in a shelter or committed to an institution\ns 954 ins A2008-20 amdt 1.1\n\nApplication of youth justice principles etc\ns 955 ins A2008-20 amdt 1.1\nApplication of certain provisions relating to administration\ns 956 ins A2008-20 amdt 1.1\nMeaning of daily care responsibility and long-term care responsibility\ns 957 ins A2008-20 amdt 1.1\nChildcare services\npt 27.6 hdg ins A2008-20 amdt 1.1\nDefinitions—pt 27.6\ns 958 ins A2008-20 amdt 1.1\nIn-principle approval—unfinished applications\ns 959 ins A2008-20 amdt 1.1\nIn-principle approval—in force before commencement day\ns 960 ins A2008-20 amdt 1.1\nLicence—unfinished applications\ns 961 ins A2008-20 amdt 1.1\nLicence to operate childrens service—in force before commencement day\ns 962 ins A2008-20 amdt 1.1\n\nLicence renewal—unfinished applications\ns 963 ins A2008-20 amdt 1.1\nSearch warrant—unfinished applications\ns 964 ins A2008-20 amdt 1.1\nSearch warrant—in force before commencement day\ns 965 ins A2008-20 amdt 1.1\nNotice to enforce requirements—in force before commencement day\ns 966 ins A2008-20 amdt 1.1\nSuspension for noncompliance—order in force before commencement day\ns 967 ins A2008-20 amdt 1.1\nSuspension of operation for safety—order in force before commencement\nday\ns 968 ins A2008-20 amdt 1.1\nEmployment of children and young people\npt 27.7 hdg ins A2008-20 amdt 1.1\nDefinitions—pt 27.7\ns 969 ins A2008-20 amdt 1.1\nmod SL2009-4 s 4 (mod exp 9 September 2013 see\nSL2009-4 s 5 (2))\n\nWork experience—continued exemption\ns 970 ins A2008-20 amdt 1.1\nexp 9 March 2009 (s 970 (3))\nLight work—continued application of exception\ns 971 ins A2008-20 amdt 1.1\nNotice regulating employment—in force before commencement day\ns 972 ins A2008-20 amdt 1.1\nEnforcement\npt 27.8 hdg ins A2008-20 amdt 1.1\nDefinitions—pt 27.8\ns 973 ins A2008-20 amdt 1.1\nSearch warrant—unfinished applications\ns 974 ins A2008-20 amdt 1.1\nSearch warrant—in force before commencement day\ns 975 ins A2008-20 amdt 1.1\nTransitional—Children and Young People Amendment Act 2015 (No 2)\nch 28 hdg ins A2015-22 s 27\nDefinitions—ch 28\ns 976 ins A2015-22 s 27\ndef as amended ins A2015-22 s 27\ndef commencement day ins A2015-22 s 27\n\nApproval of entities for certain purposes\ns 977 ins A2015-22 s 27\nAuthorisation under s 517\ns 978 ins A2015-22 s 27\nAuthorisation under s 520\ns 979 ins A2015-22 s 27\nExpiry—ch 28\ns 980 ins A2015-22 s 27\nTransitional—Children and Young People Amendment Act 2015 (No 3)\nch 29 hdg ins A2015-46 s 60\nDefinitions—ch 29\ns 981 ins A2015-46 s 60\ndef as amended ins A2015-46 s 60\ndef commencement day ins A2015-46 s 60\nFoster care service to be approved kinship and foster care organisation\ns 982 ins A2015-46 s 60\nAuthorisation of kinship carers\ns 983 ins A2015-46 s 60\nAuthorisation of foster carers\ns 984 ins A2015-46 s 60\nExpiry—ch 29\ns 985 ins A2015-46 s 60\nTransitional—Children and Young People Legislation Amendment Act 2016\nch 30 hdg ins A2016-38 s 30\nexp 30 June 2018 (s 986 (4))\nCYP death review committee—annual report 2016\ns 986 ins A2016-38 s 30\nexp 30 June 2018 (s 986 (4))\n\nTransitional—Children and Young People Amendment Act 2018\nch 31 hdg ins A2018-24 s 25\nexp 31 December 2020 (s 987 (4))\nCertain director-general delegations\ns 987 ins A2018-24 s 25\nexp 31 December 2020 (s 987 (4))\nTransitional—Children and Young People Amendment Act 2023\nch 32 hdg ins A2023-49 s 76\nCYP death review committee—change from annual to biennial reporting\ns 988 ins A2023-49 s 76\nExpiry—ch 32\ns 989 ins A2023-49 s 76\nAmendments of other legislation\nsch 1 hdg om LA s 89 (3)\nCorrections Management Act 2007\nsch 1 pt 1.1 om LA s 89 (3)\nCourt Procedures Act 2004\nsch 1 pt 1.2 om LA s 89 (3)\nCrimes Act 1900\nsch 1 pt 1.3 om LA s 89 (3)\nCrimes (Sentence Administration) Act 2005\nsch 1 pt 1.4 om LA s 89 (3)\nCrimes (Sentencing) Act 2005\nsch 1 pt 1.5 om LA s 89 (3)\nCriminal Code 2002\nsch 1 pt 1.6 om LA s 89 (3)\nEvidence (Miscellaneous Provisions) Act 1991\nsch 1 pt 1.7 om LA s 89 (3)\nMagistrates Court Act 1930\nsch 1 pt 1.8 om LA s 89 (3)\n\ndict am A2008-36 amdts 1.86-1.88; A2009-49 amdt 3.18;\nA2010-18 amdt 1.8; A2010-10 amdt 2.7; A2011-22\namdt 1.85, amdt 1.86; A2011-28 amdt 3.23, amdt 3.24;\nA2012-33 amdt 1.11; A2013-22 amdt 1.4; A2013-44\namdt 3.22; A2014-49 amdt 1.5, amdt 1.6; A2015-22 s 28;\nA2016-13 amdt 1.29; A2016-52 amdt 1.45;A2018-52\namdt 1.10; A2022-14 amdt 3.48\ndef Aboriginal om A2013-44 amdt 3.23\ndef Aboriginal and Torres Strait Islander children and\nyoung people commissioner ins A2022-25 amdt 1.59\ndef Aboriginal and Torres Strait Islander organisation om\nA2015-50 amdt 3.30\ndef Aboriginal or Torres Strait Islander child or young\nperson ins A2022-25 amdt 1.59\ndef Aboriginal or Torres Strait Islander person ins\nA2013-44 amdt 3.24\nsub A2022-25 amdt 1.59\ndef abuse om A2023-49 s 77\ndef ACAT mental health provision ins A2008-36 amdt 1.89\ndef accredited person am A2011-28 amdt 3.25; A2023-45\ns 27\ndef affected person ins A2024-34 s 32\ndef annual review report order ins A2015-50 amdt 3.31\ndef application am A2024-34 s 33\ndef approved care and protection organisation ins\nA2015-22 s 29\ndef approved carer ins A2015-46 s 61\ndef approved foster care organisation ins A2015-22 s 29\nom A2015-46 s 62\ndef approved kinship and foster care organisation ins\nA2015-46 s 63\ndef approved residential care organisation ins A2015-22\ns 29\nsub A2015-46 s 64\ndef at risk of abuse or neglect om A2023-49 s 77\ndef behaviour management consequence am A2011-28\namdt 3.26\ndef body om A2011-28 amdt 3.27\ndef body search sub A2011-28 amdt 3.28; A2023-45 s 28\ndef cancellation notice am A2015-50 amdt 3.32\ndef care and protection appraisal sub A2011-28 amdt 3.28\ndef care and protection organisation standards ins\nA2015-22 s 29\ndef care and protection purpose ins A2015-22 s 29\ndef care entities sub A2012-3 s 21\ndef childcare service licence sub A2011-28 amdt 3.29\n\ndef childcare worker sub A2011-28 amdt 3.29\nam A2015-50 amdt 3.33\ndef child concern report sub A2011-28 amdt 3.29\nom A2023-49 s 77\ndef children and young people deaths register ins A2011-9\ns 5\nam A2015-50 amdt 3.34\ndef Children and Youth Services Council ins A2013-44\namdt 3.25\ndef child safety information sharing entity ins A2017-48\ns 18\ndef child welfare law sub A2011-28 amdt 3.29\ndef complainant ins A2015-22 s 29\ndef court cell om A2011-28 amdt 3.30\ndef court ordered meeting ins A2015-50 amdt 3.35\ndef criminal matters chapter ins A2011-28 amdt 3.31\ndef criminal matters chapters om A2011-28 amdt 3.31\ndef custodial inspector ins A2024-41 amdt 1.7\ndef CYP death review committee ins A2011-9 s 5\ndef decision-maker sub A2024-34 s 34\ndef designated entity ins A2016-39 s 6\nsub A2017-48 s 19\ndef direct legal representative ins A2024-34 s 35\ndef divulge sub A2011-28 amdt 3.32\ndef domestic violence om A2016-42 amdt 3.20\ndef drug of dependence sub A2010-2 amdt 1.1\ndef due date ins A2015-22 s 29\ndef DVPO final protection order om A2016-42 amdt 3.20\ndef DVPO interim protection order om A2016-42 amdt 3.20\ndef DVPO protection order om A2016-42 amdt 3.20\ndef entitled child or young person om A2012-33 amdt 1.12\ndef entitled person ins A2012-33 amdt 1.13\ndef family member sub A2011-28 amdt 3.32\ndef foster carer sub A2015-46 s 64\ndef foster care service sub A2015-22 s 30\nom A2015-46 s 64\ndef frisk search sub A2023-45 s 29\ndef general parental authority sub A2015-46 s 66\ndef government or non-government school ins A2022-10\namdt 1.3\ndef government school ins A2022-10 amdt 1.3\ndef head ins A2017-48 s 20\ndef health care assessment om A2011-28 amdt 3.33\ndef health care treatment am A2010-10 amdt 2.13; A2015-29\namdt 2.22\ndef health professional sub A2010-10 amdt 2.8\nom A2015-29 amdt 2.23\n\ndef health service sub A2010-10 amdt 2.9\nam A2015-29 amdt 2.24\ndef high risk employment am A2009-40 amdt 1.9\ndef independent legal representative ins A2024-34 s 35\ndef information sub A2011-28 amdt 3.34\ndef information sharing entity sub A2011-28 amdt 3.34\ndef in intensive therapy ins A2023-45 s 30\ndef initial review ins A2015-50 amdt 3.36\nsub A2023-45 s 31\ndef in need of care and protection sub A2011-28 amdt 3.35\ndef in need of emergency therapeutic protection sub\nA2011-28 amdt 3.35\nom A2023-45 s 32\ndef inspector of correctional services ins A2017-47\namdt 1.16\nom A2024-41 amdt 1.8\ndef intensive therapy history ins A2023-45 s 33\ndef intensive therapy order ins A2023-45 s 33\ndef intensive therapy person ins A2023-45 s 33\ndef intensive therapy place ins A2023-45 s 33\ndef intensive therapy register ins A2023-45 s 33\ndef intensive therapy standards ins A2023-45 s 33\ndef intention to cancel notice sub A2011-28 amdt 3.36;\nA2015-22 s 30\ndef interim care and protection order am A2015-50\namdt 3.37\ndef interim child welfare order am A2015-50 amdt 3.38\ndef interim intensive therapy order ins A2023-45 s 33\ndef internally reviewable decision ins A2024-34 s 35\ndef internal reviewer ins A2024-34 s 35\ndef internal review notice ins A2024-34 s 35\ndef interstate child welfare order sub A2011-28 amdt 3.36\ndef interim therapeutic protection order om A2023-45 s 34\ndef interstate law sub A2011-28 amdt 3.36\ndef interstate leave permit sub A2011-28 amdt 3.36\ndef interstate officer sub A2011-28 amdt 3.36\ndef interstate proceedings transfer order sub A2011-28\ndef in therapeutic protection om A2023-45 s 34\ndef investigative entity am A2018-52 amdt 1.11; A2022-25\namdt 1.60\ndef licensed childcare service sub A2011-28 amdt 3.36\ndef licensed proprietor sub A2011-28 amdt 3.36\ndef light work am A2009-40 amdt 1.9\ndef litigation guardian ins A2024-34 s 35\ndef long-term care responsibility provision om A2011-28\n\ndef long-term care responsibility ins A2011-28 amdt 3.36\ndef kinship carer sub A2015-46 s 66\ndef mandatory report am A2015-50 amdt 3.39\ndef mental disorder ins A2015-38 amdt 2.63\ndef mental dysfunction sub A2011-28 amdt 3.36\nom A2015-38 amdt 2.64\ndef mental health order om A2011-28 amdt 3.37\ndef mental health tribunal provision om A2008-36\namdt 1.90\ndef mental illness sub A2011-28 amdt 3.38; A2023-45 s 35\ndef neglect sub A2011-28 amdt 3.38\nom A2023-49 s 77\ndef noncompliance direction ins A2015-22 s 31\ndef noncompliance notice ins A2015-22 s 31\ndef noncompliant ins A2015-22 s 31\ndef non-treating doctor am A2015-50 amdt 3.40\ndef non-treating health practitioner ins A2010-10 amdt 2.10\nam A2015-50 amdt 3.40\ndef non-treating health professional om A2015-29\namdt 2.25\ndef non-treating nurse am A2015-50 amdt 3.40\ndef official visitor om A2012-33 amdt 1.14\nins A2013-22 amdt 1.5\nam A2015-50 amdt 3.41\nsub A2019-29 amdt 1.3\ndef ongoing review ins A2015-50 amdt 3.42\ndef operating entity sub A2009-20 amdt 3.30\nam A2011-22 amdt 1.87; A2023-45 amdt 1.25\ndef operating procedure am A2011-22 amdt 1.87\ndef ordinary search sub A2023-45 s 36\ndef organisation ins A2015-22 s 31\ndef out-of-home carer sub A2015-46 s 66\ndef out-of-home carer authorisation om A2015-22 s 32\ndef owner am A2023-45 s 37\ndef paediatrician sub A2010-10 amdt 2.11\nom A2011-28 amdt 3.39\ndef parent ins A2009-49 amdt 3.19\ndef parental responsibility sub A2011-28 amdt 3.40\ndef parties sub A2011-28 amdt 3.41\ndef party am A2011-22 amdt 1.87\nsub A2011-28 amdt 3.41\ndef personal information om A2012-3 s 22\ndef personal items ins A2012-3 s 23\n\ndef placement sub A2012-3 s 24\ndef police cell om A2011-28 amdt 3.42\ndef prenatal report am A2015-50 amdt 3.43\ndef previous out-of-home carer ins A2016-38 s 31\nsub A2024-34 s 36\ndef prohibited area sub A2015-50 amdt 3.44\ndef protected information sub A2011-28 amdt 3.43\ndef protection order om A2011-28 amdt 3.44;\nins A2016-42 amdt 3.21\ndef psychiatrist om A2010-10 amdt 2.12\ndef referral ins A2023-45 s 38\ndef referring entity ins A2023-45 s 38\ndef registered sub A2011-28 amdt 3.45\ndef relevant Act ins A2016-42 amdt 3.21\ndef reportable conduct information ins A2016-39 s 6\nsub A2017-48 s 21\ndef reporting and investigation procedures am A2011-22\namdt 1.87\ndef representative am A2022-14 amdt 3.49\ndef research project sub A2011-28 amdt 3.45\ndef residential care service sub A2015-46 s 66\ndef responsible person sub A2015-22 s 33\ndef reviewable decision ins A2008-36 amdt 1.91\nsub A2011-28 amdt 3.45; A2024-34 s 37\ndef review application ins A2024-34 s 38\ndef risk assessment sub A2023-45 s 39\ndef scanning search sub A2023-45 s 39\ndef school-leaving age om A2009-40 amdt 1.8\ndef secure mental health facility ins A2016-32 amdt 1.4\ndef significant harm sub A2011-28 amdt 3.45\nam A2023-49 s 78\ndef specific parental authority sub A2015-46 s 66\ndef strip search sub A2023-45 s 39\ndef suitable entity sub A2011-28 amdt 3.45\ndef therapeutic protection history om A2023-45 s 40\ndef therapeutic protection order om A2023-45 s 40\ndef therapeutic protection person sub A2011-28 amdt 3.45\ndef therapeutic protection place om A2023-45 s 40\ndef therapeutic protection plan om A2023-45 s 40\ndef therapeutic protection register ins A2015-50 amdt 3.45\ndef therapeutic protection standards om A2023-45 s 40\ndef therapeutic protection transition plan ins A2012-3 s 25\ndef therapeutic support panel ins A2023-45 s 41\ndef therapy plan ins A2023-45 s 41\n\ndef therapy transition plan ins A2023-45 s 41\ndef Torres Strait Islander om A2013-44 amdt 3.26\ndef transition plan sub A2012-3 s 26\ndef visitable place ins A2012-33 amdt 1.15\ndef voluntary report am A2015-50 amdt 3.46\ndef waiver order ins A2015-50 amdt 3.47\ndef Working with Vulnerable People Act ins A2011-45\namdt 1.24\ndef young adult ins A2012-3 s 27\nam A2024-34 s 39\ndef youth justice principles sub A2011-28 amdt 3.45\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n8 Aug 2008\n17 July 2008–\n8 Sept 2008 (not\nin force)\nA2008-20 uncommenced\nprovisions inserted\nby A2008-20 sch 1\npt 1.1\n9 Sept 2008\n9 Sept 2008–\n9 Sept 2008\nA2008-36 commenced\n3 Oct 2008\n10 Sept 2008–\n9 Oct 2008\n10 Oct 2008\n10 Oct 2008–\n26 Oct 2008\n27 Oct 2008\n27 Oct 2008–\n15 Dec 2008\nA2008-46 commenced\n16 Dec 2008\n16 Dec 2008–\n1 Feb 2009\nA2008-46 changed\ncommencement by\nCN2008-17\n2 Feb 2009\n2 Feb 2009–\n26 Feb 2009\nA2008-46 amendments by\nA2008-36\n27 Feb 2009\n27 Feb 2009–\n9 Mar 2009\nA2008-46 commenced\nprovisions and\nmodifications by\nSL2009-4\n10 Mar 2009\n10 Mar 2009–\n29 Mar 2009\n\nfor\n30 Mar 2009\n30 Mar 2009–\nSL2009-4 editorial\namendments under\nLegislation Act\n(see ineffective\namendments by\nA2008-46)\n17 July 2009–\n21 Sept 2009\nA2009-17 commenced\nprovisions and\namendments by\nA2009-17\n22 Sept 2009\n22 Sept 2009–\n30 Sept 2009\nA2009-28 amendments by\nA2009-20\n1 Oct 2009\n1 Oct 2009–\n16 Dec 2009\nA2009-28 amendments by\nA2009-28\n17 Dec 2009\n17 Dec 2009–\n31 Dec 2009\nA2009-49 amendments by\nA2009-49\n1 Jan 2010\n1 Jan 2010–\n4 Mar 2010\nA2009-49 amendments by\nA2009-40\n5 Mar 2010\n5 Mar 2010–\n21 Apr 2010\nA2010-9 amendments by\nA2010-9\n22 Apr 2010\n22 Apr 2010–\nA2010-10 amendments by\nA2009-36\n3 June 2010–\nA2010-18\n1 July 2010–\n15 Aug 2010\nA2010-10\n16 Aug 2010\n16 Aug 2010–\n29 Sept 2010\nA2010-2\n30 Sept 2010\n30 Sept 2010–\n1 Nov 2010\nA2010-38 amendments by\nA2010-38\n2 Nov 2010\n2 Nov 2010–\n30 Nov 2010\nA2010-40 amendments by\nA2010-40\nR23*\n1 Dec 2010\n1 Dec 2010–\nA2010-43 amendments by\nA2010-43\n\nfor\n1 July 2011–\n16 Sept 2011\nA2011-22 amendments by\nA2011-22\n17 Sept 2011\n17 Sept 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-9 and\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n31 Dec 2011\nA2011-28 amendments by\nA2011-28\n1 Jan 2012\n1 Jan 2012–\n29 Feb 2012\nA2011-55 amendments by\nA2011-43 and\nA2011-55\n1 Mar 2012\n1 Mar 2012–\n7 Nov 2012\nA2012-3 amendments by\nA2011-48 and\nA2012-3\n8 Nov 2012\n8 Nov 2012–\n27 Mar 2013\nA2012-3 amendments by\nA2011-45\n28 Mar 2013\n28 Mar 2013–\nA2013-10 amendments by\nA2013-10\n13 July 2013–\n31 Aug 2013\nA2013-21 amendments by\nA2013-21\n1 Sept 2013\n1 Sept 2013–\n9 Sept 2013\nA2013-22 amendments by\nA2012-33 and\nA2013-22\n10 Sept 2013\n10 Sept 2013–\n24 Nov 2013\nA2013-22 expiry of\nprovisions (ch 27)\nand modification\n(s 969)\nR34*\n25 Nov 2013\n25 Nov 2013–\n16 Nov 2014\nA2013-44 amendments by\nA2013-44\n17 Nov 2014\n17 Nov 2014–\n19 Nov 2014\nA2014-49 amendments by\nA2014-49\n20 Nov 2014\n20 Nov 2014–\n2 Mar 2015\nA2014-49 amendments by\nA2014-48\n\nfor\n3 Mar 2015\n3 Mar 2015–\nA2015-3 amendments by\nA2015-3\n21 May 2015–\nA2015-13 amendments by\nA2015-13\n1 July 2015–\n1 Oct 2015\nA2015-22 amendments by\nA2015-22\n2 Oct 2015\n2 Oct 2015–\n7 Oct 2015\nA2015-37 amendments by\nA2015-37\n8 Oct 2015\n8 Oct 2015–\n4 Nov 2015\nA2015-37 updated endnotes\nA2015-38\n5 Nov 2015\n5 Nov 2015–\n30 Nov 2015\nA2015-40 amendments by\nA2015-40\n1 Dec 2015\n1 Dec 2015–\n8 Dec 2015\nA2015-40 amendments by\nA2015-29\n9 Dec 2015\n9 Dec 2015–\n31 Dec 2015\nA2015-50\n1 Jan 2016\n1 Jan 2016–\n29 Feb 2016\nA2015-46\n1 Mar 2016\n1 Mar 2016–\n31 Mar 2016\nA2014-51 and\nA2015-38\n1 Apr 2016\n1 Apr 2016–\n26 Apr 2016\nA2016-13 amendments by\nA2016-13\n27 Apr 2016\n","sortOrder":951},{"sectionNumber":"27","sectionType":"section","heading":"Apr 216–","content":"27 Apr 216–\nA2016-18 amendments by\nA2016-18\n4 May 2016–\nA2016-18 amendments by\nA2015-40\n21 June 2016–\nA2016-32 amendments by\nA2016-32\n23 June 2016–\nA2016-38 amendments by\nA2016-38\n\nfor\n1 July 2016–\nA2016-38 expiry of\nprovisions (ch 28)\n1 Aug 2016\n1 Aug 2016–\n17 Aug 2016\nA2016-38 amendments by\nA2016-20\n18 Aug 2016\n18 Aug 2016–\n28 Aug 2016\nA2016-39 amendments by\nA2016-39\n29 Aug 2016\n29 Aug 2016–\n31 Aug 2016\nA2016-39 amendments by\nA2016-7\n1 Sept 2016\n1 Sept 2016–\n30 Apr 2017\nA2016-52 amendments by\nA2016-52\n1 May 2017–\nA2017-10 amendments by\nA2016-42 as\namended by\nA2017-10\n24 May 2017–\nA2017-14 updated endnotes\nA2017-14\n1 July 2017–\n17 Sept 2017\nA2017-14 amendments by\nA2016-39\n18 Sept 2017\n18 Sept 2017–\n12 Dec 2017\nA2017-14 expiry of provisions\n(s 727N (6), (7)\nand s 727U)\n13 Dec 2017\n13 Dec 2017–\n31 Dec 2017\nA2017-48 amendments by\nA2017-48\n1 Jan 2018\n1 Jan 2018–\n25 Apr 2018\nA2017-14 amendments by\nA2016-55\nA2017-14\n26 April 2018–\nA2018-9 amendments by\nA2018-9\n1 July 2018–\n8 Aug 2018\nA2018-9 expiry of\nprovisions (ch 30)\n\nfor\n9 Aug 2018\n9 Aug 2018–\n22 Oct 2018\nA2018-25 amendments by\nA2018-24 and\nA2018-25\n23 Oct 2018\n23 Oct 2018–\n21 Nov 2018\nA2018-33 amendments by\nA2018-33\n22 Nov 2018\n22 Nov 2018–\n4 Dec 2018\nA2018-42 amendments by\nA2018-42\n5 Dec 2018\n5 Dec 2018–\n1 Jan 2019\nA2018-46 amendments by\nA2018-46\n2 Jan 2019\n2 Jan 2019–\n31 Aug 2019\nA2018-46 expiry of\nprovisions (ch 29)\n1 Sept 2019\n1 Sept 2019–\n2 Oct 2019\nA2019-6 amendments by\nA2019-6\n3 Oct 2019\n3 Oct 2019–\n13 Nov 2019\nA2019-29 amendments by\nA2019-29\n14 Nov 2019\n14 Nov 2019–\n30 Nov 2019\nA2019-42 amendments by\nA2019-42\n1 Dec 2019\n1 Dec 2019–\n6 Dec 2019\nA2019-42 amendments by\nA2018-52\nA2019-18\n7 Dec 2019\n7 Dec 2019–\n7 Apr 2020\nA2019-47 amendments by\nA2019-47\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n14 May 2020–\n31 Dec 2020\nA2020-14 amendments by\nA2020-14\n1 Jan 2021\n1 Jan 2021–\n31 Jan 2021\nA2020-14 expiry of\nprovisions (ch 31)\n1 Feb 2021\n1 Feb 2021–\n8 Apr 2021\nA2020-29 amendments by\nA2020-29\n\nfor\n9 Apr 2021\n9 Apr 2021–\n13 Oct 2021\nA2020-29 expiry of provisions\n(s 149 (2A), (3A) to\n(3D), (8), (9))\n14 Oct 2021\n14 Oct 2021–\n16 Aug 2022\nA2021-24 amendments by\nA2021-24\n17 Aug 2022\n17 Aug 2022–\n23 Aug 2022\nA2022-13 amendments by\nA2022-13\n24 Aug 2022\n24 Aug 2022–\n6 Oct 2022\nA2022-14 amendments by\nA2022-14\n7 Oct 2022\n7 Oct 2022–\n14 Dec 2022\nA2022-14 expiry of provisions\n(s 241A, s 242\n(3A), (6A), (7A),\n(9), (10), s 245 (1)\n(ba), (5) and s 287\n(1) (sa), (3))\n15 Dec 2022\n15 Dec 2022–\n19 Dec 2022\nA2022-25 amendments by\nA2022-25\n20 Dec\n20 Dec 2022–\n29 Dec 2022\nA2022-25 amendments by\nA2022-10\n30 Dec 2022\n30 Dec 2022–\n29 Mar 2023\nA2022-25 expiry of provisions\n(s 400A,\ns 423 (2)-(4))\n30 Mar 2023\n30 Mar 2023–\n11 Apr 2023\nA2022-25 expiry of provisions\n(s 384 (3)-(5),\ns 410 (2)-(5),\ns 454 (3)-(5),\ns 514EAA)\n12 Apr 2023\n12 Apr 2023–\n29 Sept 2023\nA2023-12 amendments by\nA2023-12\n30 Sept 2023\n30 Sept 2023–\n26 Mar 2024\nA2023-12 expiry of provisions\n(s 149 (2A),\n(3A)-(3D), (8), (9))\n27 Mar 2024\n27 Mar 2024–\n10 Apr 2024\nA2023-45 amendments by\nA2023-45\n11 Apr 2024\n11 Apr 2024–\nA2023-45 amendments by\nA2023-7\n\n6 Expired transitional or validating provisions\nfor\n1 July 2024–\nA2024-3 amendments by\nA2023-49 as\namended by\nA2024-3\n11 July 2024–\n17 Sept 2024\nA2024-34 amendments by\nA2024-33 and\nA2024-34\n18 Sept 2024\n18 Sept 2024–\nA2024-41 amendments by\nA2024-41\n1 July 2025–\nA2024-41 amendments by\nA2024-34\n2 July 2025–\n15 Nov 2025\nA2024-41 expiry of\nprovisions (ch 32)\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":952}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended and refined over time by amendments recorded in these notes. Notable scope changes include adding prenatal reporting mechanisms (s 362), expanded mandatory/prenatal reporting and related offences (ss 354, 356, 363–365), introduction and detail for intensive therapy orders and transition planning (ss 530–538, 547–566), explicit inclusion of young adults in specified youth‑offence contexts (s 841; endnotes), and strengthened information‑sharing and care‑team powers (ss 860–863, 863B–863G). Part 11 and the endnotes record multiple amendments that adjusted definitions, reporting routes and procedural powers, indicating a material evolution from earlier versions."},"complexity_factors":["Extensive delegated executive discretion: broad Director‑General powers to act, issue charters, request assistance, approve suitable entities and direct operations (ss 22, 23, 24A, 63).","Layered court orders and administrative remedies: appraisal orders, temporary parental responsibility, care & protection orders, interim and final intensive therapy orders, extensions/amendments/revocations with leave rules and timelines (ss 372–384; 466–477; 532–566).","Detailed detention regime with multiple operational rules: entitlements, monitoring, searches, segregation, transfers, health, property, registers and incident reporting (chs 6–8 sections such as ss 174–216, 190–196, 199–203, 280–285).","Complex search/seizure/forfeiture and use‑of‑force interactions across provisions (ss 274–279; ss 280–284; seizure/forfeiture rules ss 282–284; entry/search warrants ss 823–832).","Multi‑layered information sharing and secrecy rules balancing protection, disclosure and admissibility (protected/sensitive info; definitions; sharing powers; limitations) (chs 24–25; ss 841–863; s856C–s857).","Administrative suitability and registration regime with strict disclosure duties and criminal penalties (s 62–70; ongoing duty to notify changes; penalties in s 70).","Behaviour management and disciplinary procedures inside detention with internal review, limits and interplay with criminal prosecution (pt 8: ss 285–307; ss 290–307).","Intensive therapy orders: high‑threshold criteria, confinement as last resort, prescribed therapy/transition plans, reviews and extension caps (ss 530–566).","Interstate and international transfer mechanics for offenders and orders with detailed continuity, registration and revocation processes (ss 114–132; ss 655–677).","Regulatory licensing and enforcement for childcare and employment of children, including suspensions, cancellations, reporting and appeal limits (ss 756–776; ss 781–804).","Numerous defined terms and age thresholds that alter who is covered or treated as adult/young detainee in different contexts (ss 11–16; ss 95–96; endnotes indicating amendments).","Cross‑reference dependence on other statutes and instruments (Legislation Act penalty units, Mental Health Act, Working with Vulnerable People Act, Crimes Act, disallowable/notifiable instruments) increasing legal and operational interdependencies."],"plain_english_summary":"This Act sets out how children and young people in the ACT are to be cared for, protected, detained and rehabilitated. It establishes decision principles, powers and duties for the Director‑General, court orders (appraisal, care and protection, intensive therapy, transfers), reporting and information‑sharing rules, licensing and suitability tests for service providers, and detention standards and disciplinary procedures.\n\nIt affects children and young people, parents, carers, service providers, detention staff, police and courts by imposing reporting duties, compliance obligations, administrative discretion and enforcement mechanisms that allocate who decides, who pays and how risks are managed."},"kimi_summary":{"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2008 scope. While initially focused on child protection and youth justice, it has expanded to include: a comprehensive childcare services licensing regime (Ch 20), employment protections for children (Ch 21), research ethics oversight (Ch 22), a Therapeutic Support Panel for high-risk children (Ch 14A), intensive therapy orders with confinement powers (Ch 16), and a Children and Young People Death Review Committee (Ch 19A). The Act now functions as an omnibus statute covering virtually every aspect of state interaction with children and young people."},"complexity_factors":["Extensive length: 26 chapters with hundreds of sections covering disparate subject matters (youth detention, child protection, childcare, employment, research)","Heavy cross-referencing: Constant internal references between chapters (e.g., care and protection chapters referencing criminal matters chapters, and vice versa)","Nested conditional logic: Multiple layers of exceptions and qualifications (e.g., s 17-18 on parental responsibility transfer/sharing with numerous sub-exceptions)","47+ defined terms in the Dictionary plus numerous inline definitions throughout sections","Parallel but distinct regimes: Separate procedural frameworks for criminal matters (Ch 4-9) and care and protection (Ch 10-19A) with different standards of proof and review mechanisms","Multiple overlapping decision-making bodies: Director-General, Children's Court, Therapeutic Support Panel, approved care organisations, family group conference facilitators, each with specific powers and limitations","Complex delegation chains: Section 883A-883C create multi-level delegation/sub-delegation frameworks for parental responsibility","Intensive therapy provisions (Ch 16): Highly specialised regime with unique definitions, confinement powers, and review processes distinct from standard care and protection","Interstate transfer mechanisms (Ch 5, Ch 17): Complex reciprocal arrangements with other jurisdictions for transferring young offenders and child welfare orders","Information sharing frameworks (Ch 25): Multiple tiers of protected, sensitive, and safety/wellbeing information with different disclosure rules"],"plain_english_summary":"This is the **Children and Young People Act 2008** (ACT), a comprehensive law that governs how the Australian Capital Territory protects and supports children and young people (defined as under 18 years old). It covers two main areas: **youth justice** (how young offenders are treated) and **care and protection** (how vulnerable children are kept safe from harm).\n\n**What it does:**\n- **Sets the rules for youth detention**: Establishes standards for how young people in detention must be treated, including living conditions, searches, discipline, and segregation. It requires young detainees to be kept separate from adults and mandates regular reviews of decisions like solitary confinement.\n- **Protects children from harm**: Creates a system where professionals (like teachers and doctors) must report suspected child abuse or neglect. It allows the government to intervene when children are at risk, including removing them from dangerous homes through court orders.\n- **Supports family decision-making**: Introduces \"family group conferences\" where families can make their own plans for a child's care before the government steps in.\n- **Regulates childcare and employment**: Sets safety standards for childcare services and limits on employing children under 15.\n- **Prioritises Aboriginal and Torres Strait Islander children**: Requires decision-makers to keep Indigenous children connected to their culture, family and community when making placement decisions.\n\n**Who it affects:**\n- Children and young people under 18 in the ACT\n- Parents and families\n- Out-of-home carers (foster and kinship carers)\n- Youth detention staff and childcare workers\n- Mandatory reporters (professionals required by law to report abuse)\n\n**Why it matters:**\nThis Act is the legal backbone for child protection and youth justice in the ACT. It balances the state's power to intervene in families with strong protections for children's rights, cultural identity, and participation in decisions affecting them. It also ensures young offenders are rehabilitated rather than simply punished."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-people-act-2008","history":"/api/acts/children-and-young-people-act-2008/history","analysis":"/api/acts/children-and-young-people-act-2008/analysis","conflicts":"/api/acts/children-and-young-people-act-2008/conflicts","importantCases":"/api/acts/children-and-young-people-act-2008/important-cases","documents":"/api/acts/children-and-young-people-act-2008/documents"}}