Children and Young People Act 2008

16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 6 Application of Act to children and young people etc 3 7 Main objects of Act 4 8 Best interests of children and young people paramount consideration 6 9 Principles applying to Act 6

Page contents 2 Children and Young People Act 2008 10 Aboriginal and Torres Strait Islander children and young people— placement principles 7 10A Aboriginal and Torres Strait Islander children and young people—other principles 8 Division 1.3.1 Definitions 11 Who is a child? 9 12 Who is a young person? 9 13 Who is a family member of a child or young person? 9 14 Who is a significant person for a child or young person? 10 15 What is parental responsibility? 10 16 Parents have parental responsibility 11 17 Aspects of parental responsibility may be transferred 11 18 Aspects of parental responsibility may be shared 12 19 Daily care responsibility for children and young people 14 20 Long-term care responsibility for children and young people 16 21 Parents or people with parental responsibility who cannot be found 17 22 Director-general’s functions 18 23 Director-general instructions 20 24 Ministerial directions to director-general 21 24A Director-general charters 21 25 Director-general may ask for assistance, etc 22 26 Director-general must give identity cards 23 Part 2.2 Children and Youth Services Council 27 Establishment of council 24 28 Council members 24

Page contents 3 37 Meaning of entitled person and visitable place 25 38 Appointment of official visitors—additional suitability requirement 26 39 Request for sensitive information by official visitors 26 60 Definitions—Act and pt 2.4 27 61 Who is a suitable entity? 27 62 Entity may apply to be suitable entity for purpose 28 63 Director-general may approve suitable entity for purpose 28 64 Director-general must consider suitability information, etc 29 65 What is suitability information? 30 66 Director-general may require suitability information 32 67 Director-general need not decide suitability if information not provided 32 68 Director-general may require test etc 32 69 Director-general need not decide suitability if test not taken, etc 33 70 Offence—ongoing duty to update suitability information 33 71 Director-general may employ etc suitable entity 35 72 Suitable entities register 35 Part 3.1 Family group conferences—general 73 Definitions—Act 37 74 Family group conferences—objects 37 75 What is a family group conference? 38 76 What is a family group conference agreement? 38 77 Offence—publish details of family group conferences 39 Part 3.2 Family group conferences—facilitators 78 Family group conference facilitators—appointment 40 79 Family group conference facilitators—functions 40

Page contents 4 Children and Young People Act 2008 Part 3.3 Family group conferences—arrangement and conduct 80 Family group conferences—criteria 42 81 Family group conferences—criteria for review conference 43 82 Family group conferences—facilitator to organise 44 83 Family group conferences—who must be invited 44 84 Family group conferences—compliance with standards 45 85 Family group conferences—parties reach agreement 46 86 Family group conferences—agreement of young person 47 87 Family group conferences—before family group conference agreement 47 88 Family group conferences—outcome report 48 89 Family group conference agreement—when takes effect 49 90 Family group conference agreements—implementation 50 Chapter 4 Children and young people and criminal matters—general 91 What are the criminal matters chapters? 51 92 Overview of the criminal matters chapters 51 93 Application of criminal matters chapters generally 52 94 Youth justice principles 53 95 Who is a young detainee? 55 96 Who is a youth detention officer? 56 97 Treating doctors—health service appointments 56 98 Health practitioners—non-treating functions 57 99 Transporting young detainees to and from court—young detainees to be kept separate from adult detainees 57 100 Detaining young detainees at court—young detainees to be kept separate from adult detainees 58

Page contents 5 Division 5.1.1 Transfers within ACT—general 101 Directions to escort officers 59 102 Orders to bring young detainee before court etc 59 103 Arrangements for escorting people 60 104 Escort officer functions etc 60 105 Escorting arrested person to court etc 61 106 Custody etc during proceedings 61 107 Executing warrants of commitment or remand etc 62 108 Other powers not limited 62 109 Transfers to health facilities 63 109A Transfer to mental health facility—notice of change in status 64 Division 5.1.4 Transfers of young detainees who become adults 110 Application—div 5.1.4 65 111 Transfers to correctional centres—under 21 years old 65 112 Transfers to correctional centres—21 year olds 66 113 Transfer—notifying people responsible for or nominated by young detainees 66 114 Definitions—pt 5.2 68 115 General agreements with other jurisdictions 69 116 Transfer arrangements—general 70 117 Power to arrange for transfers 70 118 Transfer arrangements—facilities must be adequate 72 119 Transfer arrangements—content 72 120 Custody of person on transfer order 74 121 Custody pending interstate transfer 74

Page contents 6 Children and Young People Act 2008 122 Transfer to ACT in custody of transfer escort 75 123 Powers of transfer escorts 75 124 Offence—escapes during transfer 76 125 Transfer from ACT of sentence or order 76 126 Transfer to ACT of sentence or order 77 127 Director-general may receive young offenders 78 128 Lawful custody for transit through ACT 78 129 Escapees may be apprehended without warrant 78 130 Escapees to be brought before magistrate 79 131 Court may arrange transfer of apprehended escapees 79 132 Search warrants for escapees 80 133 Revocation of transfer order—offence during transfer 82 134 Revocation of transfer order by director-general 82 135 Director-general may consider reports etc 83 136 Application—ch 6 84 137 Definitions—ch 6 84 138 Treatment of young detainees generally 85 139 Treatment of young remandees 86 140 Treatment of certain young detainees 87 141 Detention places—minimum living conditions 87 142 Detention places—declaration 89 143 Youth detention policies and operating procedures 89 144 Exclusion of matters from notified youth detention policies etc 90

Page contents 7 145 Copies of Act, policies etc to be available for inspection at detention place 91 146 Director-general directions 91 147 Prohibited areas 92 148 Prohibited things 92 149 Declaration of emergency 93 150 Emergency powers 94 151 Arrangements with police 94 152 Assistance from other directors-general 95 Part 6.3 Access to and inspection of detention places 153 Inspections by judicial officers and Assembly members 96 153A Access to detention places 96 154 Relationship with other inspection laws 97 155 Meaning of admission—pt 6.4 98 156 Authority for detention 98 157 Detention—notifying people responsible for or nominated by young detainees 99 158 Identification of young detainees 99 159 Information—entitlements and obligations 100 160 Initial assessment 102 161 Health assessment 102 162 Alcohol and drug tests on admission 103 163 Security classification 103 164 Case management plan 103 165 Entries in register of young detainees 103 166 Requirements and considerations about placement and separation of young detainees 104 167 Food and drink 106 168 Clothing 107 169 Personal hygiene 107 170 Sleeping areas 107

Page contents 8 Children and Young People Act 2008 171 Treatment of convicted and non-convicted young detainees 108 172 Access to open air and exercise 108 173 Communication with family and others 109 174 Telephone calls 110 175 Mail 111 176 News and education 113 177 Visits by family members etc 113 178 Contact with accredited people 114 179 Visits—protected communications 115 180 Health care 116 181 Director-general’s consent to medical treatment for young detainees 117 182 Injury etc—notifying people responsible for or nominated by young detainees 118 183 Religious, spiritual and cultural needs 119 184 Compliance with director-general’s directions 121 185 Register of young detainees 121 186 Health reports 123 187 Use of medicines 125 188 Case management plans—scope etc 126 189 Transgender and intersex young detainees—sexual identity 127 190 Security classification—basis etc 128 191 Property of young detainees 129 192 Possession of prohibited things 130 193 Mandatory reporting of threats to security etc at detention place 130 194 Trust accounts of young detainees 131 195 Register of searches and uses of force 132 196 Disapplication of Listening Devices Act 134 197 Monitoring—general considerations 134 198 Notice of monitoring 134 199 Monitoring at detention places 135 200 Monitoring telephone calls etc 135

Page contents 9 201 Monitoring ordinary mail 136 202 Monitoring protected mail 137 203 Mail searches—consequences 138 Subdivision 6.6.3.1 General 204 Definitions—div 6.6.3 138 205 Purpose of segregation under div 6.6.3 139 206 Segregation not to affect minimum living conditions 139 207 Notice of segregation directions—safe room and other 139 Subdivision 6.6.3.2 Safe room segregation 208 Designation of safe rooms 140 209 Segregation—safe room 141 210 Safe room segregation directions—privacy 142 211 Review of safe room segregation directions 142 Subdivision 6.6.3.3 Other segregation 212 Segregation—safety and security 143 213 Segregation—protective custody 144 214 Segregation—health etc 144 215 Interstate segregated detainees transferred to ACT 145 Subdivision 6.6.3.4 Review of certain segregation directions 216 Meaning of segregation direction—subdiv 6.6.3.4 146 217 Internal review of segregation directions 146 218 End of segregation directions 147 219 Application for review of segregation directions 147 220 External review of segregation directions 148 221 Notice of decision about segregation direction 148 Subdivision 6.6.3.5 Register of segregation directions 222 Register of segregation directions 149 223 Managing use of force 150 224 Authority to use force 152 225 Application of force 152 226 Use of restraint 153

Page contents 10 Children and Young People Act 2008 227 Monthly reports about use of force 154 228 Visiting conditions 154 229 Notice of visiting conditions 154 230 Taking prohibited things etc into detention place 155 231 Directions to visitors 155 232 Directions to leave detention place etc 156 233 Removing people from detention place 157 234 Director-general may allow young child to stay with young detainee 157 Division 6.7.1 General 235 Definitions—pt 6.7 159 236 Positive test samples 159 237 Alcohol and drug testing of young detainees 160 238 Effect of positive test sample by young detainee 161 Division 6.7.3 Alcohol and drug testing—youth detention officers 239 Alcohol and drug testing of youth detention officers 162 240 Local leave directions 163 241 Local leave permits 163 242 Interstate leave permits 165 243 Effect of interstate leave permit 167 244 Powers of escort officers 168 245 Lawful temporary absence from detention place 168

Page contents 11 Chapter 7 Criminal matters—search and seizure at 246 Definitions—ch 7 171 247 Relationship with other laws 173 248 Searches—intrusiveness 174 249 Searches—use of search dog 174 250 Searches—transgender and intersex young detainees 175 251 Notice of strip and body searches—person responsible for or nominated by young detainee 175 Part 7.3 Scanning, frisk and ordinary searches 252 Directions for scanning, frisk and ordinary searches 177 253 Requirements for scanning, frisk and ordinary searches 177 254 Strip searches on admission to detention place 179 255 Strip searches of young detainees under 18 years old—no-one with parental responsibility available 180 256 Strip searches on admission—directing person to leave 181 257 Removing people from search area 181 258 Strip searches directed by director-general 181 259 Obligations on youth detention officers before strip searches 182 260 Youth detention officers at strip searches 183 261 Strip searches—general rules 183 262 Strip searches—rules about visual inspection of young detainee’s body 184 263 Strip searches—rules about young detainees’ clothing 185 264 Body searches directed by director-general 186 265 Obligations of director-general before body searches 186 266 People present at body searches 187

Page contents 12 Children and Young People Act 2008 267 Body searches of young detainees under 18 years old—no-one with parental responsibility available 188 268 Body searches—directing people to leave 189 269 Removing people from search area 190 270 Help for body searches 190 271 Body searches—rules about young detainees’ clothing 191 272 Body searches—rules about touching young detainees 191 273 Seizing things discovered during body searches 191 Part 7.6 Searching people other than detainees 274 Searches of people other than detainees 192 Part 7.7 Searches of premises and property 275 Searches—premises and property generally 194 276 Searches of young detainee cells—privileged material 195 277 Searches of young detainee cells—suspected privileged material 195 278 Searches—use of force 196 279 Meaning of owner—pt 7.9 197 280 Seizing mail etc 197 281 Seizing property—general 199 282 Notice of seizure 199 283 Forfeiture of things seized 200 284 Return of things seized but not forfeited 201 Chapter 8 Criminal matters—discipline at detention 285 Application—ch 8 202 286 Definitions—ch 8 202 287 Meaning of behaviour breach 204

Page contents 13 288 Meaning of minor behaviour breach 206 289 Meaning of privilege 206 290 Overlapping behaviour breaches and criminal offences 207 291 Who is an investigator? 208 292 Appointment of investigators 208 293 Report etc by youth detention officer 208 294 Reporting and investigation procedures 209 295 Action by administrator 210 296 Disciplinary charge 211 Part 8.3 Dealing with minor behaviour breaches 297 Behaviour management framework 212 298 Behaviour management framework—behaviour management consequences 212 299 Behaviour management framework—limits 213 300 Right to contact support person—disciplinary action by administrator 214 301 Behaviour breach admitted by accused detainee 214 302 Disciplinary action by administrator 215 303 Meaning of review officer—div 8.4.2 216 304 Right to contact support person—internal review 216 305 Application for internal review 216 306 Internal review of charge 217 307 Review officer’s powers after internal review 218 308 Meaning of external reviewer—div 8.4.3 219 309 Appointment of external reviewers 219 310 Right to contact support person—external review 219 311 Application for external review 220 312 External review of charge 220

Page contents 14 Children and Young People Act 2008 313 Refusal to review 221 314 External reviewer’s powers after external review 221 315 Application—div 8.4.4 223 316 Meaning of relevant presiding officer—div 8.4.4 223 317 Disciplinary action by relevant presiding officer 223 318 Disciplinary action—behaviour management consequences 224 319 Maximum behaviour management consequences 224 320 Privileges and entitlements—impact of discipline 225 Chapter 9 Criminal matters—conduct of disciplinary reviews Part 9.1 Conduct of disciplinary review—general 321 Application—ch 9 226 322 Definitions—ch 9 226 323 Nature of disciplinary reviews 227 324 Notice of disciplinary review etc 227 325 Conduct of disciplinary reviews 228 326 Review officer may require official reports 229 327 Review officer may require information and documents 229 328 Possession of review documents etc 230 329 Record of review 230 330 Notice of disciplinary hearing 231 331 Review officer’s powers at review 231 332 Rights of accused detainee at disciplinary hearing 232 333 Exclusion of accused detainee from hearing 233 334 Hearing in accused detainee’s absence 233 335 Appearance at disciplinary hearing by audiovisual or audio link 233

Page contents 15 336 What are the care and protection chapters? 235 337 Age—proof of age to be sought before action taken 236 338 Age—application of care and protection chapters if no proof of age 236 339 Age—care and protection chapters stop applying if person discovered to be adult 237 340 Care and protection chapters stop applying when young person becomes adult 238 Part 10.2 Important concepts—care and protection 341 Definitions—care and protection chapters 239 344 What is significant harm? 239 345 When are children and young people in need of care and protection? 240 346 Circumstances need not have arisen in ACT 241 347 Who is a former caregiver? 241 348 What is contact with a person? 242 Part 10.3 Principles and considerations—care and 349 What is in best interests of child or young person? 243 350 Care and protection principles 244 351 Helping families understand care and protection procedures 245 352 Views and wishes of children and young people 247 Division 10.4.1 Important concepts 352A Meaning of organisation 249 352B Meaning of care and protection purpose 249 352C Meaning of approved care and protection organisation 250 352D Meaning of responsible person for an approved care and protection organisation 250

Page contents 16 Children and Young People Act 2008 Division 10.4.2 Approved care and protection organisations—ongoing suitability 352E Approved care and protection organisations—responsible person 250 352F Approved care and protection organisations—monitoring 251 Division 10.4.3 Approved care and protection organisations— complaints 352G Meaning of noncompliant 251 352H Complaints—making a complaint 251 352I Complaints—withdrawing a complaint 252 352J Complaints—further information or verification 253 352K Complaints—investigation 253 352L Complaints—no further action 254 352M Complaints—action after investigation 254 Division 10.4.4 Approved care and protection organisations— intervention 352N Intervention—noncompliance notice 255 352O Intervention—noncompliance direction 256 352P Intervention—suspension if child or young person unsafe 257 352Q Intervention—intention to cancel notice 258 352R Intervention—cancellation 259 352S Intervention—cancellation notice 260 352T Intervention—guidelines 260 Division 10.4.5 Approved care and protection organisations— surrendering approval 352U Surrendering approval 261 Division 10.4.6 Approved care and protection organisations register 352V Approved care and protection organisations register 261

Page contents 17 Chapter 11 Care and protection—reporting and assessing risk of significant harm Part 11.1 Care and protection—reporting risk of Division 11.1.1 Definitions 353 Definitions—Act 263 Division 11.1.2 Reporting risk of significant harm to children and 354 Voluntary reporting of risk of significant harm 263 355 Offence—false or misleading voluntary report 264 356 Offence—mandatory reporting of significant harm 264 357 Mandatory reporting—exceptions 267 358 Offence—false or misleading mandatory report 268 359 Reports made to public advocate or Aboriginal and Torres Strait Islander children and young people commissioner 269 360 Assessing risk of significant harm 269 Division 11.1.3 Prenatal reporting of anticipated risk of significant harm 362 Prenatal reporting—anticipated risk of significant harm 270 363 Offence—false or misleading prenatal report 273 364 How prenatal reports may be used in evidence 274 365 Prenatal report information is sensitive information 274 366 What is a care and protection appraisal? 276 367 What is a care and protection assessment? 277 368 Care and protection appraisal—power to carry out 278 369 Care and protection appraisal—obtaining agreement etc 279 370 Care and protection appraisal—obtaining agreement not in best interests of child or young person etc 280 371 Care and protection appraisal—visual examination and interview 280

Page contents 18 Children and Young People Act 2008 372 What is an appraisal order? 282 373 What is a temporary parental responsibility provision? 283 374 Offence—contravene appraisal order 283 375 Appraisal orders—prevails over care and protection orders 284 376 Appraisal orders—application by director-general 284 377 Appraisal orders—urgent applications 285 378 Appraisal orders—application to state grounds 286 379 Appraisal orders—who must be given application 286 380 Appraisal orders—court to consider application promptly 287 381 Appraisal orders—no interim orders 287 382 Appraisal orders—criteria for making 287 383 Appraisal orders—different provisions and requirements 288 384 Appraisal orders—length 289 385 Appraisal orders—extension application 289 386 Appraisal orders—who must be given extension application? 290 387 Appraisal orders—court to consider extension application promptly 290 388 Appraisal orders—criteria for extension 291 Chapter 12 Care and protection—voluntary agreements to transfer or share parental responsibility 389 Definitions—Act and ch 12 292 Part 12.2 Registration of family group conference agreements that transfer or share parental 390 Registered family group conference agreement—application 293 391 Registered family group conference agreement—registration 294 392 Registered family group conference agreement—notice 295 393 Registered family group conference agreement—effect and enforcement 295

Page contents 19 Part 12.3 Voluntary agreement to share parental responsibility with director-general 394 What is a voluntary care agreement? 296 395 Voluntary care agreements—who may initiate? 297 396 Voluntary care agreements—who are parties? 297 397 Voluntary care agreements—director-general’s criteria 298 398 Voluntary care agreements—start day 299 399 Voluntary care agreements—length 299 400 Voluntary care agreements—extension 299 401 Voluntary care agreements—early ending 301 402 Voluntary care agreements—return of children and young people 301 403 When are children and young people in need of emergency care and protection? 303 405 What is emergency action? 303 406 Emergency action—criteria for taking emergency action 304 407 Emergency action—assistance 304 408 Emergency action—certain people must be told 305 409 Emergency action—daily care responsibility after action 306 410 Emergency action—length of daily care responsibility 307 411 Care and protection appraisal and placement 307 412 Emergency action—contact with family 308 413 Emergency action—application for orders 308 414 Emergency action—end of daily care responsibility 309 415 Emergency action—return of child or young person 309 416 What is an emergency action release order? 311 417 Emergency action release order—application 311 418 Emergency action release order—application to state grounds 312 419 Emergency action release order—who must be given application 312

Page contents 20 Children and Young People Act 2008 420 Emergency action release order—criteria for making 313 Chapter 14 Care and protection—care and protection 421 Definitions—ch 14 314 422 What is a care and protection order? 315 423 Offence—contravene care and protection order 316 424 Care and protection order—application by director-general 317 425 Care and protection order—application by others 317 426 Care and protection order—application must state provisions sought and grounds 318 427 Care and protection orders—who must be given application 319 428 Care and protection order—cross-application for different provisions 319 429 Care and protection order—cross-application must state provisions sought and grounds 320 430 Care and protection order—court to consider application and cross- application promptly 321 431 Interim matters—Court action before adjournment 322 432 Interim matters—court-ordered meeting 323 433 Interim matters—interim care and protection orders 324 434 Offence—contravene interim care and protection order 325 435 Interim care and protection orders—revocation or amendment 326 436 What is an assessment order? 327 437 Care and protection assessment—terms of reference for care and protection assessment 328 438 Care and protection assessment—authorisation of assessors 329

Page contents 21 439 Care and protection assessment—report after making 330 440 Offence—contravene assessment order 330 441 Assessment orders—prevails over care and protection order 330 442 Assessment orders—on application or court’s own initiative 331 443 Assessment orders—application by party 331 444 Assessment orders—application to state grounds 331 445 Assessment orders—who must be given application 332 446 Assessment orders—court to consider application promptly 332 447 Assessment orders—no interim order 332 448 Assessment orders—criteria for making 333 449 Assessment orders—length 333 450 Assessment orders—extension application 334 451 Assessment orders—extension application must state grounds 334 452 Assessment orders—who must be given extension application? 334 453 Assessment orders—court to consider extension application promptly 335 454 Assessment orders—criteria for extension 335 455 What is a care plan? 336 456 Care plans—stability proposals 337 457 Care plans—who must be consulted 339 458 Definitions—div 14.3.5 340 459 Childrens Court may make or amend protection orders 340 460 Effect of making protection order under this Act 342 Part 14.4 Making care and protection orders 464 Care and protection order—criteria for making 343 465 Care and protection order—length 345 Part 14.5 Extending, amending and revoking care and 466 Care and protection order—extension and amendment applications 346 467 Care and protection order—revocation applications 347 468 Care and protection order—application to state what sought and grounds 348

Page contents 22 Children and Young People Act 2008 469 Care and protection order—who must be given extension, amendment or revocation 348 470 Care and protection order—court to consider extension, amendment and revocation applications promptly 349 471 Care and protection order—criteria for extensions and amendments 349 472 Care and protection order—criteria for revocation 350 473 Care and protection orders—financial burdens 351 474 What is a parental responsibility provision? 352 475 Director-general sharing daily care responsibility 353 476 What is a short-term parental responsibility provision? 353 477 Short-term parental responsibility provision—extension 354 478 Short-term parental responsibility provision—financial contribution 356 Division 14.6.3 Long-term parental responsibility provisions 479 What is a long-term parental responsibility provision? 357 480 Long-term parental responsibility provision—financial contribution by parents 357 481 What is an enduring parental responsibility provision? 358 482 Enduring parental responsibility provision—criteria for making 359 483 Enduring parental responsibility provision—financial contribution 361 484 What is a residence provision? 362 485 What is a contact provision? 363 486 Contact provision—presumption about contact with family 363 487 Contact provision—sibling may join proceeding without leave 364 Part 14.9 Drug use provisions 488 What is a drug use provision? 365

Page contents 23 489 What is a supervision provision? 366 490 Supervision provision—meetings with director-general 367 491 What is an ACAT mental health provision? 368 Part 14.12 Specific issues provisions 492 What is a specific issues provision? 369 Part 14.13 Annual review reports—parental responsibility provisions and supervision 492A Definitions—pt 14.13 370 493 What is a reviewable care and protection order? 370 494 What is an annual review report? 371 495 Annual review report—prepared at least annually 371 496 Annual review report—consultation 371 497 Annual review report—must be given to certain people 372 498 Annual review report—application for waiver of obligation to give report to someone 373 499 Annual review report—waiver of obligation to give annual review report to someone 374 500 Annual review report—public advocate may require director-general to give annual review report to someone 374 501 Annual review report—extension of care and protection order 375 Chapter 14A Care and protection—therapeutic support panel for children and young people 501A Definitions—ch 14A 376 Part 14A.2 Therapeutic Support Panel for Children and Young People 501B Establishment of panel 378

Page contents 24 Children and Young People Act 2008 501C Functions of panel 378 501D Panel members 379 501E Appointment of panel members 379 501F Appointment of chair of panel 381 501G Functions of chair of panel 382 501H Appointment of deputy chair of panel 383 501I Functions of deputy chair of panel 383 501J Conduct of panel meetings 383 501K Conflict of interest 383 501L Ending member appointments 384 501M Appointment of advisers 384 501N Director-general to give support to panel 385 501O Arrangements for panel staff and facilities 385 501P Power to obtain information from information sharing entity 385 Part 14A.3 Referrals to therapeutic support panel 501Q Referrals to therapeutic support panel 387 501R Panel to act on referrals 388 501S Panel must take into account harm statement 389 Part 14A.4 Reporting by therapeutic support panel 501T Report to Minister 390 Chapter 15 Care and protection—director-general has aspect of parental responsibility 502 Definitions—Act 391 503 Director-general may provide assistance 392 Part 15.2 Director-general has long-term care 504 Director-general sharing long-term care responsibility 394 505 Director-general must consult about long-term care 394

Page contents 25 Part 15.3 Director-general has daily care responsibility 506 Pt 15.3 applies to care and protection chapters 395 507 Public advocate etc to be told about action following appraisals 396 508 Who is an out-of-home carer? 398 512 Director-general must place child or young person with out-of-home carer 398 513 Priorities for placement with out-of-home carer—Aboriginal or Torres Strait Islander child or young person 400 514 Residential care service may accommodate child or young person at place of care 401 514A Approved carers—individual may apply 402 514B Approved carers—director-general may approve 402 514C Approved carers—criteria for approval 404 514D Approved carers—further information, references etc 404 514E Approved carers—expiry and renewal of approvals 405 514EA Approved carers—revocation of approval 406 514F Offence—ongoing duty to update information 407 Division 15.4.2 Authorisation of out-of-home carers and approval of places of care 516 Kinship carer—specific parental authority 408 518 Foster carer—specific parental authority 409 520 Residential care service—general parental authority 410 521 Out-of-home carer must be given copy of authorisation and any relevant court orders 411 524 Revocation of residential care service’s authorisation 411 525 Approval of places of care 413 Division 15.4.3 Information and items to be kept by foster carers and residential care services 526 Definitions—div 15.4.3 414 527 Information and items must be kept during placement 415 528 Information and items must be kept after placement ends 415

Page contents 26 Children and Young People Act 2008 529 Child or young person may have access to information and items 416 529A Object—pt 15.5 418 529B Who is a young adult?—pt 15.5 418 529BA Who is a previous out-of-home carer for a person?—pt 15.5 418 529C What is a transition plan? 418 529D Transition plans—when prepared 419 529E Transition plans—consultation 420 529F Transition plans—review—young person for whom director-general has parental responsibility 420 529G Transition plans—review—young person for whom director-general does not have parental responsibility 421 529H Transition plans—review—young adult 422 529I Assistance generally 422 529J Financial assistance—child, young person or young adult 424 529JA Financial assistance—previous out-of-home carer 424 Division 15.5.4 Entitlement to personal items and access to protected 529K Entitlement to personal items 425 529L Access to protected information—young person 425 529M Access to protected information—young adult 426 529N Access to protected information—support and assistance 426 Chapter 16 Care and protection—intensive therapy for 530 Definitions—Act and ch 16 427 531 Confinement only under intensive therapy order 428

Page contents 27 532 What is an intensive therapy order? 429 533 What is harmful conduct? 430 534 What is a risk assessment? 430 535 What is an intensive therapy place? 431 536 What is a therapy plan? 431 537 What is intensive therapy history? 433 538 What is a therapy transition plan? 434 539 Intensive therapy order—application by director-general 434 540 Intensive therapy order—application to state grounds etc 434 541 Intensive therapy orders—who must be given application 436 542 Intensive therapy order—Childrens Court to consider application promptly 436 543 What is an interim intensive therapy order? 437 544 Interim intensive therapy order—criteria for making 438 545 Interim intensive therapy order—confinement direction 438 546 Interim intensive therapy order—length 439 547 Interim intensive therapy order—further order 439 548 Offence—interim intensive therapy order 439 549 Intensive therapy order—criteria for making 440 550 Intensive therapy order—confinement directions 442 551 Intensive therapy order—length 442 552 Intensive therapy order—statement of reasons 443 553 Offence—intensive therapy order 443 554 Definitions—div 16.2.5 444 555 Initial review 444 556 Ongoing review 444 557 Review—views to be considered 445 558 Review report 445

Page contents 28 Children and Young People Act 2008 559 Director-general’s action after review 446 560 Intensive therapy order—extension application 447 561 Intensive therapy order—extension application must state grounds etc 447 562 Intensive therapy order—who must be given extension application 448 563 Intensive therapy order—Childrens Court to consider extension application promptly 448 564 Intensive therapy order—criteria for extension up to 6 months 449 565 Intensive therapy order extension—statement of reasons 450 566 Intensive therapy order—amendment 450 567 Intensive therapy order—revocation 451 568 Intensive therapy order—application for amendment or revocation 451 569 Intensive therapy order—application for amendment must state grounds etc 451 570 Intensive therapy order—application for revocation must state grounds etc 453 571 Intensive therapy order—who must be given application for amendment or revocation 453 572 Intensive therapy order—Childrens Court to consider application for amendment or revocation promptly 454 573 Intensive therapy order amendment or revocation—criteria for amendment or revocation 454 574 Intensive therapy order amendment or revocation—statement of reasons 455 575 Referral of young person with mental disorder or illness 455 Part 16.3 Children and young people in intensive therapy Division 16.3.1 Preliminary 576 When is a child or young person in intensive therapy? 457 Division 16.3.2 Confinement 577 Confinement direction 457

Page contents 29 578 Who is an accredited person? 458 579 Intensive therapy—visits by accredited people must be allowed 459 580 Intensive therapy—visits by accredited people 459 581 Application—div 16.3.4 460 582 Meaning of owner—div 16.3.4 460 583 Search and seizure—powers 460 584 Searches—intrusiveness 461 585 Searches—use of force 462 586 Seized property—must tell owner 462 587 Seized property—forfeiture 463 588 Seized property—return 464 589 Intensive therapy place—declaration 465 590 Intensive therapy place—exclusion of matters from declaration etc 465 591 Intensive therapy place—policies and procedures 466 592 Authorisation of operating entity for intensive therapy place 466 593 Suspension of operating entity’s authorisation 466 594 Revocation of operating entity’s authorisation 467 595 Public advocate etc may be given therapy plan 468 596 Intensive therapy register 468 597 Intensive therapy register—who may have access? 470 598 Intensive therapy register—public advocate to inspect 470 Chapter 16A Care and protection—notification and review of certain decisions Part 16A.1 Preliminary 635A Definitions—ch 16A 471

Page contents 30 Children and Young People Act 2008 635B Internal review notices 472 635C Application for internal review 472 635D Application not affect internally reviewable decision 473 635E Internal review 473 635F Application for ACAT review—internally reviewable decision 474 Part 16A.3 ACAT review 635G Reviewable decision notices 475 635H Application for ACAT review—reviewable decision 475 635I Application for ACAT review by certain statutory office-holders— reviewable decision 475 635J Definitions—pt 16A.4 476 Division 16A.4.2 Parties and appearance 635K Parties to review application 476 635L Affected people to be notified about review application 476 635M Appearance 477 635N Meaning of direct legal representative and independent legal representative—div 16A.4.3 478 635O Children and young people’s right to express views to ACAT 478 635P Appointment of legal representative for child or young person 478 635Q Legal representative to act as direct legal representative or independent legal representative 479 635R Functions of legal representative 479 635S Removal of legal representative 480 635T Appointment of litigation guardian for child or young person 480 635U Functions of litigation guardian 481 635V Removal of litigation guardian 482 635W Children and young people not to be compelled to give evidence 482 635X Questioning children and young people 482

Page contents 31

635Y Hearings to be in private 483

635Z Non-disclosure of information in notices and statements 483 635ZA Matter before ACAT and court 485 635ZB Review of ch 16A 485 Chapter 17 Care and protection—interstate transfer of orders and proceedings 636 Object of ch 17 487 637 Definitions—ch 17 487 638 What is a child welfare order? 489 639 What is a child welfare proceeding? 489 640 What is a child welfare law? 489 641 What is an interstate law? 490 642 Who is an interstate officer? 490 643 Director-general may transfer child welfare order 492 644 Director-general transfer—considerations 493 645 Director-general transfer—certain people must agree 494 646 Director-general transfer—certain people must be told 496 647 Director-general transfer—limited time for review 496 648 Childrens Court transfer—application 497 649 Childrens Court transfer—criteria 497 650 Childrens Court transfer—interstate orders 498 651 Childrens Court transfer—considerations 499 652 Childrens Court transfer—care plans 500 653 Childrens Court transfer—appeal applications 500 654 Childrens Court transfer—appeals 500

Page contents 32 Children and Young People Act 2008 655 Interstate registration of ACT orders—effect 501 656 Interstate registration of ACT orders—revocation 501 657 Interstate registration of ACT orders—Childrens Court file 502 Part 17.3 Interstate transfer of ACT child welfare 658 Transfer of ACT proceedings—applications 503 659 Transfer of ACT proceedings—criteria 503 660 Transfer of ACT proceedings—considerations 504 661 Transfer of ACT proceedings—interim orders 504 662 Transfer of ACT proceedings—appeal applications 505 663 Transfer of ACT proceedings—appeals 506 664 Transfer of ACT proceedings—revocation of registration 506 665 Transfer of ACT proceedings—Childrens Court file 507 Part 17.4 ACT registration of interstate child welfare 666 ACT registration—interstate child welfare orders 508 667 ACT registration of interstate orders—interstate registrar 508 668 ACT registration of interstate orders—effect 509 669 ACT registration of interstate orders—application for revocation 509 670 ACT registration of interstate orders—revocation 510 671 ACT revocation of interstate orders—interstate registrar 511 Part 17.5 ACT registration of interstate child welfare 672 ACT registration—interstate child welfare proceedings 512 673 ACT registration of interstate proceedings—interstate registrar 512 674 ACT registration of interstate proceedings—effect 513 675 ACT registration of interstate proceedings—application for revocation 513 676 ACT registration of interstate proceedings—revocation 514 677 ACT registration of interstate proceedings—interstate registrar 515

Page contents 33 Part 17.6 Interstate transfer of child welfare orders and proceedings—miscellaneous 678 ACT registration of interstate orders and proceedings—Maori children and young people 516 Part 18.1 Assistance in carrying out orders etc 679 Police assistance 517 680 Police powers 518 681 Seized things may be kept until matter completed 519 682 Offence—failure to answer police questions 519 683 Safe custody—parental responsibility to director-general 520 684 What is a safe custody warrant? 520 685 Safe custody warrant—application 520 686 Safe custody warrant—criteria 521 687 Safe custody warrant—content 522 688 Safe custody warrant—application made other than in person 523 689 Safe custody warrant—announcement before entry 524 690 Safe custody warrant—details of warrant to be given to occupier etc 525 691 Safe custody warrant—occupier entitled to be present etc 525 692 Safe custody warrant—placement of child or young person 526 693 Offence—remove child or young person 526 694 Safe custody—matter must be brought to court promptly 527 Chapter 19 Care and protection—provisions applying to court proceedings under care and protection 695 Application—includes cross-application 528 696 Application—must include statements, documents and reports 528

Page contents 34 Children and Young People Act 2008 697 Application—statements and reports to be signed etc 529 698 Application—oral applications 529 699 Application—withdrawal or discontinuance 530 700 Parties—who are parties to an application? 531 701 Parties—hearing in party’s or other person’s absence 532 702 Parties—failure to attend proceeding 532 703 Parties—court may join affected party 533 704 Parties—application to join party 533 705 Parties—filed material to be given to joined parties 534 706 Parties—application for removal of party 534 707 Parties—court may remove party 534 708 Parties—notice of address for service 535 709 Parties—representation 535 710 Exclusion of people from hearings 536 Part 19.3 Standard of proof 711 Standard of proof 537 712 Procedures at hearings to be informal 538 713 Court may call witnesses 538 714 Court may summons people to attend 538 715 Child or young person as witness 539 716 Court not bound by rules of evidence 539 717 Restriction on taking evidence 540 718 Orders—obligations on people 541 719 Orders—by agreement 541 720 Orders—must be given to people 542 721 Residence, contact and specific issues provisions—giving, amending or extending directions 542 722 Orders—statement of reasons 544 723 Orders about service 545

Page contents 35 724 Costs—parties bear own unless court orders otherwise 546 725 Costs—frivolous, vexatious, dishonest application 546 726 Costs—parties bear own costs unless order otherwise 547 727 Costs—how court may share costs 547 Part 19.7 Proceedings related to discrimination complaints 727AA Declaration in relation to discrimination complaint 548 727AB Discrimination commissioner may make submission 549 Chapter 19A Children and Young People Death Review Committee 727A Establishment of committee 550 727B Functions of committee 550 727C Committee members 551 727D Appointment of committee members 551 727E Appointment of chair of committee 553 727EA Appointment of deputy chair of committee 554 727F Conflict of interest 554 727H Ending member appointments 554 727I Arrangements for staff 555 727IA Appointment of advisers 555 727J Meetings 556 727K Presiding member at meetings 556 727L Quorum at meetings 556 727M Voting at meetings 556 Part 19A.3 Register of deaths of children and young 727N Children and young people deaths register 557

Page contents 36 Children and Young People Act 2008 727O Obtaining information from certain entities 558 727P Exchanging information with corresponding interstate entities 559 727Q Power to ask for information, documents and other things 559 727R Children and young people deaths register—who may have access? 560 727S Biennial reporting 562 727T Other reports 563 728 Definitions—Act and ch 20 564 729 Objects—ch 20 565 730 Principles—ch 20 565 731 Application—ch 20 566 Part 20.2 Childcare services—important concepts 732 What is a childcare service? 567 733 What is a childcare centre? 567 734 What is a family day care scheme? 568 735 Who is the proprietor of a childcare service? 568 736 Who is a controlling person for a childcare service? 569 737 Offence—fail to notify change of controlling person 569 738 Who is a responsible person for a childcare service? 570 739 Offence—fail to protect child from injury 570 740 Offence—fail to supervise child 571 741 Offence—unreasonably discipline child 571 742 Offence—fail to maintain buildings, equipment etc 572

Page contents 37 Part 20.4 Childcare services—childcare service licences 743 Childcare service licence—proposed proprietor may apply 573 744 Childcare service licence—further information 574 745 Childcare service licence—director-general need not decide if no information or inspection 574 746 Childcare service licence—eligibility 575 747 Childcare service licence—decision on application 575 748 Childcare service licence—content 576 749 Childcare service licence—childcare service standards 577 750 Childcare service licence—length 578 751 Childcare service licence—extensions 579 752 Childcare service licence—amendment 579 753 Childcare service licence—transfer 580 754 Childcare service licence renewal—licensed proprietor may apply 581 755 Childcare service licence renewal—further information 581 756 Childcare service licence renewal—director-general need not decide if no information or inspection 582 757 Childcare service licence renewal—eligibility 582 758 Childcare service licence renewal—decision on application 583 Division 20.4.3 Childcare service licences—suspension and cancellation 759 Who is an affected child? 585 760 Childcare service licence—compliance notices 585 761 Childcare service licence—suspension for noncompliance 587 762 Childcare service licence—ending noncompliance suspension 588 763 Childcare service licence—suspension if children unsafe 589 764 Childcare service licence—notice of intention to cancel 589 765 Childcare service licence—cancellation 591 766 Childcare service licence—cancellation notice 592 767 Offence—fail to return cancelled childcare service licence 592 768 Childcare service licence—identity of childcare workers protected 593

Page contents 38 Children and Young People Act 2008 769 Offence—operate unlicensed childcare service 593 770 Offence—advertise unlicensed childcare service 594 771 Offence—operate childcare service when licence suspended 595 772 Offence—operate childcare service in contravention of standards 595 Division 20.4.5 Childcare service licences—register, assessment and reporting 773 Childcare service licence—register 596 774 Assessing compliance with childcare services standards 596 775 Annual childcare standards report 597 776 Annual childcare standards report—requirements 599 777 Annual childcare standards report—consultation 599 778 Removal of child in immediate danger 601 780 Definitions—ch 21 603 781 When does someone employ a child or young person? 604 782 When is employment contrary to the best interests of a child or young person? 604 783 Work experience program—exemption from ch 21 605 784 Work experience program—decision on application 605 785 Work experience program exemption—further information 606 786 Suspension of work experience program exemption 606 787 Revocation of educational institution’s exemption 607 Part 21.3 Employment of children and young people 788 Director-general may prohibit employment 609 789 Offence—contravene employment prohibition notice 609 790 Director-general may state conditions of employment 610

Page contents 39 791 Offence—contravene employment conditions notice 610 792 Children and young people employment standards 610 Part 21.4 Employment of children and young people under 15 years old 793 What is light work? 611 794 What is high risk employment? 611 795 Offence—employment of children and young people under 15 years old 611 796 Exception to s 795—employment in light work 612 797 Exception to s 795—employment in family business 612 798 Declaration of high risk employment 613 799 High risk employment—employer may apply for permit 613 800 High risk employment permit—decision on application 613 801 High risk employment permit—further information 614 802 High risk employment permit—content 615 803 Offence—employment of child or young person under 15 years old in high risk employment 615 804 Offence—contravene condition of permit 615 Chapter 22 Research involving children and young 805 Definitions—ch 22 617 806 What is a research project? 617 807 Approval of research projects—generally 619 808 Research standards—certain matters to be covered 619 809 Approval of research projects—child or young person to take part 620 810 Approval of ethics committees 621 811 Offence—researcher contravene approved standards 621 812 Definitions—ch 23 622

Page contents 40 Children and Young People Act 2008 813 Power to enter premises—general 624 814 Power to enter premises—ch 13 (Care and protection—emergency situations) 624 815 Power to enter premises—ch 15 (Care and Protection— director-general has aspect of parental responsibility) 625 816 Power to enter premises—ch 16 (Care and protection—intensive therapy for children and young people) 626 817 Power to enter premises—ch 20 (Childcare services) 627 818 Production of identity card 628 819 Consent to entry 628 820 General powers on entry to premises 629 821 Duty to give information or documents 630 822 Power to require name and address 631 823 Power to seize things 631 824 Warrants generally 633 825 Warrants—application made other than in person 634 826 Search warrants—announcement before entry 635 827 Details of search warrant to be given to occupier etc 636 828 Occupier entitled to be present during search etc 636 Part 23.4 Return and forfeiture of things seized 829 Receipt for things seized 637 830 Moving things to another place for examination or processing under search warrant 637 831 Access to things seized 638 832 Return of things seized 639 833 Damage etc to be minimised 640 834 Compensation for exercise of enforcement powers 640

Page contents 41 Division 24.1.1 Appeals generally 835 Appeals to Supreme Court—generally 641 Division 24.1.2 Appeals—Care and protection chapters 836 Appeals to Supreme Court—care and protection chapters 641 837 Application of Magistrates Court Act 642 838 Orders that Supreme Court may make 642 839 Meaning of reviewable decision—div 24.1.3 643 839A Reviewable decision notices 647 839B Applications for review 647 840 Decision to refuse to give childcare service licence must not be stayed or otherwise affected pending outcome of review 647 841 Application—ch 25 648 842 Definitions––Act and ch 25 649 843 Who is an information holder? 649 844 What is protected information? 650 845 What is sensitive information? 651 Part 25.2 Offence to record or divulge protected 846 Offence—secrecy of protected information 655 847 Exception to s 846—information given under this Act 656 848 Exception to s 846—information given under another law 657 849 Exception to s 846—information given with agreement 657 849A Exception to s 846—information given for civil claims in which Territory is respondent 658

Page contents 42 Children and Young People Act 2008 850 Minister or director-general—giving information to person about the person 659 851 Minister or director-general—giving information in best interests of child or young person 659 852 Director-general—giving information to person under corresponding provisions 660 853 Family group conference facilitator—giving information in best interests of child or young person 660 854 Out-of-home carer and approved kinship and foster care organisation—giving information necessary for responsibilities 660 855 Director-general—giving information to researcher 661 856 Director-general—giving information to authorised assessor 661 856A Director-general—giving information to commissioner for fair trading 661 856B Responsible person—giving information to commissioner for fair trading 662 856C Giving and using information for civil claims in which Territory is respondent 662 857 Certain identifying information not to be given 664 858 What is safety and wellbeing information? 665 859 Who is an information sharing entity? 665 860 Minister or director-general—giving safety and wellbeing information to information sharing entity 667 861 Information sharing entity—giving safety and wellbeing information to director-general 667 862 Director-general—asking information sharing entity for safety and wellbeing information 667 863 Care teams—sharing safety and wellbeing information 668 863A Definitions—div 25.3.3 669 863B Entity may request reportable conduct information 670 863C Entity may provide reportable conduct information 671 863CA Unsolicited provision of information 672 863D Restriction on use of information given under this division 672

Page contents 43 863E Protection from liability for providing reportable conduct information 673 863F Reportable conduct information may be given despite territory law to the contrary 673 863G Coordination etc between entities 673 864 Definitions—pt 25.4 674 865 Giving protected information to court or investigative entity 674 865A Giving protected information to police 675 866 Court may order sensitive information to be given or produced 675 867 Investigative entity may divulge protected information etc 676 868 How voluntary reports or mandatory reports may be used in evidence 678 869 Confidential report—not admissible in evidence 678 870 Confidential report—confidential reporter may give evidence 679 871 Confidential report—evidence admissible with agreement or leave 679 871A Evidence relating to children and young people under age of criminal responsibility in intensive therapy etc inadmissible in criminal proceeding 680 872 Things said at conference not admissible in care and protection proceedings 681 873 Interim matters—things said at court-ordered meeting 681 874 Protection of people giving certain information 682 875 Interaction with other laws 684 876 Confidential report of contravention of Act 685 876A Power of court to bring young detainee before it—civil proceeding 685 877 Offence—tattoo child or young person without agreement 686 878 Protection of officials from liability 687 879 ACT child welfare services to assist certain statutory office holders 688 880 Notification of location of child or young person 689

Page contents 44 Children and Young People Act 2008 881 Evidentiary certificates—director-general—parental responsibility 690 882 Evidentiary certificates—director-general—custody etc 690 883 Appointment of analyst for Act 691 883A Director-general delegations—approved care and protection organisations 691 883B Subdelegations—approved care and protection organisations 693 883C Register of subdelegations 694 884 Chief police officer delegations 694 885 Determination of fees 695 886 Approved forms 695 887 Standard-making power 695 888 Regulation-making power 696 Dictionary 698 1 About the endnotes 722 2 Abbreviation key 722 3 Legislation history 723 4 Amendment history 737 5 Earlier republications 817 6 Expired transitional or validating provisions 824

An Act about the welfare of children and young people, and for other purposes

1 Name of Act This Act is the Children and Young People Act 2008.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘drug of dependence—see the Drugs of Dependence Act 1989, dictionary.’ means that the term ‘drug of dependence’ is defined in the dictionary to that Act and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Introduction Part 1.1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Application of Act to children and young people etc The functions under this Act may be exercised for a child or young person, or a young offender or young detainee— (a) who ordinarily lives in the ACT; or (b) who does not ordinarily live in the ACT, but who is in the ACT; or (c) about whom a report is made under— (i) section 354 (Voluntary reporting of risk of significant harm) arising from something happening in the ACT; or (ii) section 356 (Offence—mandatory reporting of significant harm) arising from something happening in the ACT; or (iii) section 362 (Prenatal reporting of anticipated risk of significant harm) if the pregnant woman ordinarily lives in the ACT or is in the ACT.

Part 1.2 Objects, principles and considerations

7 Main objects of Act The objects of this Act include— (a) providing for, and promoting, the safety, welfare and wellbeing of children and young people in a way that— (i) recognises their right to grow in a safe and stable environment; and (ii) takes into account the responsibilities of parents, families, the community and the whole of government for them; and (b) ensuring that children and young people are provided with a safe and nurturing environment by organisations and people who, directly or indirectly, provide for their safety, welfare and wellbeing; and (c) providing for children and young people to receive the care and protection necessary to protect them from significant harm by providing whole of government assistance to them, their parents and families, the community and others who have a responsibility for them; and (d) ensuring that Aboriginal and Torres Strait Islander people are included and participate in— (i) providing for, and promoting, the safety, welfare and wellbeing of Aboriginal and Torres Strait Islander children and young people; and (ii) providing for Aboriginal and Torres Strait Islander children and young people to receive the care and protection necessary to protect them from significant harm; and

Objects, principles and considerations Part 1.2 (iii) rehabilitating and reintegrating Aboriginal and Torres Strait Islander young offenders; and (e) ensuring that services provided by, or for, government for the safety, welfare and wellbeing of children and young people— (i) are centred on the needs of children and young people; and (ii) are informed by processes which engage children and young people, wherever possible, and take their views and wishes into account; and (iii) foster and promote the health, education, developmental needs, spirituality, self-respect, self-reliance and dignity of children and young people; and (iv) respect the individual race, ethnicity, religion, disability, sexuality and culture of children and young people; and (f) ensuring that young offenders— (i) receive positive support and opportunities to become rehabilitated and reintegrated community members; and (ii) share responsibility for rehabilitation and reintegration with their parents and families, the community and the government in partnership; and (g) imposing standards that must be complied with for the delivery of services to children and young people; and (h) ensuring the protection of children and young people in

8 Best interests of children and young people paramount consideration (1) In making a decision under this Act in relation to a particular child or young person, the decision-maker must regard the best interests of the child or young person as the paramount consideration. (2) In making a decision under this Act otherwise than in relation to a particular child or young person, the decision-maker must consider the best interests of children and young people. Note 1 For the criminal matters chapters (see s 91), there are further provisions about how a decision-maker decides what is in the best interests of a child or young person, see s 94 (Youth justice principles). Note 2 For the care and protection chapters (see s 336), there are further provisions about how a decision-maker decides what is in the best interests of a child or young person (see s 349). (3) To remove any doubt, a reference in any section of this Act to the best interests of a child or young person does not limit this section.

9 Principles applying to Act (1) In making a decision under this Act in relation to a child or young person, a decision-maker must have regard to the following principles where relevant, except when it is, or would be, contrary to the best interests of a child or young person: (a) the child’s or young person’s sense of racial, ethnic, religious, individual or cultural identity should be preserved and enhanced; (b) the child’s or young person’s education, training or lawful employment should be encouraged and continued without unnecessary interruption; (c) the child’s or young person’s age, maturity, developmental capacity, sex, background and other relevant characteristics should be considered;

Objects, principles and considerations Part 1.2 (d) delay in decision-making processes under the Act should be avoided because delay is likely to prejudice the child’s or young person’s wellbeing. Note In addition to these general principles, the following principles also apply: (a) for the care and protection chapters—care and protection principles (see s 350); (b) for ch 20—childcare services principles (see s 730). (2) A decision-maker exercising a function under this Act must, where practicable and appropriate, have qualifications, experience or skills suitable to apply the principles in subsection (1) in making decisions under the Act in relation to children and young people.

10 Aboriginal and Torres Strait Islander children and young people—placement principles In making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person, the decision-maker must take into account the following principles (the Aboriginal and Torres Strait Islander children and young people placement principles) in addition to the matters in section 8 and section 9: (a) the principle (the prevention principle) that children and young people should be brought up within their own family, community and culture; (b) the principle (the partnership principle) that Aboriginal and Torres Strait Islander community representatives should be given opportunities to participate in— (i) the design and delivery of services for children and young people; and (ii) decisions under this Act about children and young people;

(c) the principle (the placement principle) that a child or young person who is to be placed with an out-of-home carer must be placed in accordance with the priorities for placement set out in section 513; (d) the principle (the participation principle) that a child or young person, their parents and other family members should be given opportunities to participate in decision-making processes about care arrangements for the child or young person, including placement and contact; (e) the principle (the connection principle) that children and young people should have their connections to family, community, culture and country supported and maintained. Note In making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person, the decision-maker must also consider the child’s or young person’s rights under the Human Rights Act 2004, s 27 (Cultural and other rights of Aboriginal and Torres Strait Islander peoples and minorities) (see that Act, s 40B).

10A Aboriginal and Torres Strait Islander children and young people—other principles The following principles are to be applied in administering this Act: (a) Aboriginal and Torres Strait Islander people should participate in the care and protection of their children and young people with as much self-determination as is possible; (b) the government has a responsibility to protect and promote Aboriginal and Torres Strait Islander children and young people’s cultural identity.

Definitions Division 1.3.1 Division 1.3.1 Definitions 11 Who is a child? child means a person who is under 12 years old. 12 Who is a young person? young person means a person who is 12 years old or older, but not yet an adult. Note Adult is defined in the Legislation Act, dict, pt 1.

13 Who is a family member of a child or young person? family member, of a child or young person— (a) means the child’s or young person’s— (i) parent, grandparent or step-parent; or (ii) son, daughter, stepson or stepdaughter; or (iii) sibling; or (iv) uncle or aunt; or (v) nephew, niece or cousin; and (b) for an Aboriginal or Torres Strait Islander child or young person—includes a person who has responsibility for the child or young person in accordance with the traditions and customs of the child’s or young person’s Aboriginal or Torres Strait Islander community.

14 Who is a significant person for a child or young person? significant person, for a child or young person, means a person, (other than a family member) who the child or young person, a family member of the child or young person or the director-general considers is significant in the child’s or young person’s life. Examples—people who may be significant people 1 a father-in-law, mother-in-law, brother-in-law or sister-in-law of a young 2 a long-term friend of a child or young person 3 a person who normally lives with the child or young person 4 a domestic partner of a young person 5 a domestic partner of a parent of a child or young person 6 a boyfriend or girlfriend of a young person 7 a person who has responsibility for the child or young person in accordance with the cultural traditions and customs of the child’s or young person’s community

15 What is parental responsibility? parental responsibility, for a child or young person, means all the duties, powers, responsibilities and authority parents have by law in relation to their children, including the following aspects of parental responsibility: (a) daily care responsibility for the child or young person; (b) long-term care responsibility for the child or young person.

16 Parents have parental responsibility (1) Each parent of a child or young person has parental responsibility for (2) To remove any doubt, parent includes a parent who is not an adult. (3) This section is subject to the following sections: (a) section 17 (Aspects of parental responsibility may be transferred); (b) section 18 (Aspects of parental responsibility may be shared).

17 Aspects of parental responsibility may be transferred (1) Parental responsibility may be transferred from a person to someone else under— (b) an appraisal order including a temporary parental responsibility Note Appraisal orders and temporary parental responsibility provisions are dealt with in s 372 and s 373. (c) emergency action; or Note Emergency action is dealt with in pt 13.1. (d) a care and protection order including a parental responsibility (e) a safe custody warrant; or

(f) a court order (under this Act or another law in force in the Territory); or Example—court order under another law a parenting order under the Family Law Act 1975 (Cwlth) (g) a provision of another law in force in the Territory. Note If parental responsibility for a child or young person is transferred to the director-general, the director-general may delegate the responsibility to a responsible person for an approved kinship and foster care organisation (see s 883A). The responsible person may subdelegate it to a position in the organisation (see s 883B). However, the director-general must ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act, s 238). (2) If parental responsibility is transferred from a person to someone else— (a) only the aspect of parental responsibility expressly stated to be transferred is transferred; and (b) no-one else’s parental responsibility, or aspect of parental responsibility, for the child or young person is diminished except to the extent expressly stated or necessary to give effect to the transfer.

18 Aspects of parental responsibility may be shared (1) Parental responsibility may be shared between 2 or more people under— (b) a voluntary care agreement; or Note Voluntary care agreements are dealt with in pt 12.3. (c) a care and protection order including a parental responsibility

(d) a court order (under this Act or another law in force in the Territory). Note If parental responsibility for a child or young person is shared with the director-general, the director-general may delegate the responsibility to a responsible person for an approved kinship and foster care organisation (see s 883A). The responsible person may subdelegate it to a position in the organisation (see s 883B). However, the director-general must ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act, s 238). (2) If parental responsibility is shared between 2 or more people, either of them may discharge the responsibility. (3) This section is subject to the following sections: (a) section 475 (Director-general sharing daily care responsibility); Note If the director-general shares daily care responsibility for a child or young person, no other person with daily care responsibility for the child or young person may discharge the responsibility in a way that would be incompatible with the director-general’s discharge of the responsibility (see s 475 (2)). (b) section 504 (Director-general sharing long-term care responsibility); Note If the director-general shares long-term care responsibility for a child or young person and under a parental responsibility provision is required to consult with each other person who shares long-term care responsibility for the child or young person in making a decision about a long-term matter for the child or young person, and another person who has long-term care responsibility for the child or young person disagrees with the director-general’s proposed decision, the person or director-general may apply to the Childrens Court for an order about the matter and the director-general is required to not make the decision without the person’s agreement (see s 504 (2)).

19 Daily care responsibility for children and young people (1) A person who has daily care responsibility for a child or young person has responsibility for, and may make decisions about, the child’s or young person’s daily care. Examples—daily care responsibilities and decisions 1 where and with whom the child or young person lives 2 people with whom the child or young person may, or must not, have contact 3 arrangements for temporary care of the child or young person by someone else 4 everyday decisions, including, for example, about the personal appearance of the child or young person 5 daily care decisions about education, training and employment (2) A person who has daily care responsibility for a child or young person may do any of the following: (a) consent to a health care assessment of the child’s or young person’s physical or mental wellbeing and have access to the assessment report; (b) on the advice of a health practitioner—consent to health care treatment, not including surgery (other than surgery mentioned in paragraph (c)), for the child or young person; (c) on the advice of a dentist or dental therapist—consent to dental treatment, including minor dental surgery, for the child or young (3) If the person makes a decision about the people with whom the child or young person may have contact, the person is also responsible for arrangements to give effect to the decision.

(4) This section does not limit the matters for which the person has responsibility to make decisions for the child or young person, but is subject to— (a) a court order (under this Act or another law); and 1 A decision by a person who has daily care responsibility for a child about people with whom the child may or may not have contact is subject to a care and protection order that includes a contact provision about who may, or must not, have contact with the child.

2 A decision by a person who has daily care responsibility for a child or young person about where and with whom the child or young person lives is subject to a care and protection order that includes a residence provision. 3 The Childrens Court makes a care and protection order for a young person that includes a parental responsibility provision that a stated person who has daily care responsibility for the young person must exercise it in a stated way. The person’s exercise of daily care responsibility for the young person is subject to the order. (b) if there is a care plan in force for the child or young person—the care plan. Note A care plan for a child or young person is a written plan of the director-general’s proposals for the care and protection of the child or young person (see s 455). (5) To remove any doubt, this section does not affect any right of a child dental therapist— (a) means a person registered under the Health Practitioner Regulation National Law (ACT) Act 2010 to practise the health profession of dental therapist (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration. health care assessment, of a child or young person, means an assessment of the child’s or young person’s physical or mental wellbeing (including admission to hospital).

20 Long-term care responsibility for children and young (1) A person who has long-term care responsibility for a child or young person has— (a) responsibility for the long-term care, protection and development of the child or young person; and (b) all the powers, responsibilities and authority a guardian of a child or young person has by law in relation to the child or young Examples—long-term care responsibilities 1 administration, management and control of the child’s or young person’s property 2 religion and observance of racial, ethnic, religious or cultural traditions 3 obtaining or opposing the issuing of a passport for the child or young person 4 long-term decisions about education, training and employment (2) A person who has long-term care responsibility for a child or young person may, on the advice of a health practitioner, consent to health care treatment that involves surgery for the child or young person. Note Consent to minor dental surgery may be given by a person who has daily care responsibility for the child or young person (see s 19 (2) (c)).

(3) This section does not limit the matters for which the person has responsibility in relation to the child or young person, but is subject to— (a) a court order (under this Act or another law); and (b) if there is a care plan in force for the child or young person—the care plan. Note 1 The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision giving long-term care responsibility for the child or young person to someone, or removing the responsibility from someone, or stating how someone may exercise the responsibility (see pt 14.6). Note 2 A care plan for a child or young person is a written plan of the director-general’s proposals for the care and protection of the child or young person (see s 455). (4) To remove any doubt, this section does not affect any right of a child

21 Parents or people with parental responsibility who cannot be found (1) This section applies if a provision of this Act requires a person to act in relation to a parent of, or a person with parental responsibility for, a child or young person. (2) The person is not required to act in relation to the parent or other person if the person cannot after reasonable inquiry find the parent or other person.

Notes to ch 2 paramount consideration (see s 8 (1)). In making a decision under this chapter otherwise than in relation to a particular child or young person, the decision-maker must consider the best interests of children and young people (see s 8 (2)). Note to pt 2.1 For provisions applying when the director-general has parental responsibility for a child or young person, see ch 15.

22 Director-general’s functions (1) The director-general has the following functions: (a) providing, or assisting in providing, services directed to strengthening and supporting families in relation to the safety, welfare and wellbeing of their children and young people; (b) providing, or assisting in providing, support and services to families to— (i) reduce the risk of significant harm to children and young people; and (ii) protect children and young people if a risk of significant harm has been identified; (c) providing, or assisting in providing, information to parents, kinship carers and foster carers, prospective kinship carers and foster carers, government agencies, non-government agencies and members of the community about the operation of this Act;

(d) providing, or assisting in providing, information to mandated reporters to help them perform their legal obligation; (e) providing, or assisting in providing, information to people who report to the director-general under part 11.1 (Care and protection—reporting risk of significant harm) and encouraging them to continue their involvement in matters arising from their report; (f) providing, or assisting in providing, services for the safety and wellbeing of children and young people; (g) providing, or assisting in providing, services for the safety and wellbeing of children and young people who carry out, or are at risk of carrying out, harmful conduct; (h) exercising aspects of parental responsibility for children and (i) providing, or assisting in providing, information, services or assistance to children and young people who have left the director-general’s care; (j) providing, or assisting in providing, services for— (i) children and young people being dealt with by a police officer or held in police custody, whether or not charges can be or have been laid against them; and (ii) young people being dealt with under the criminal law system; (k) providing, or assisting in providing, services for— (i) adults under 21 years old (young adults) being dealt with by a police officer or held in police custody for an offence committed or allegedly committed by them when under 18 years old (a youth offence), whether or not charges can be or have been laid against them for the youth offence; and

(ii) young adults being dealt with under the criminal law system for youth offences; (l) providing, or assisting in providing— (i) supervision or reasonable direction of a person who is required, under a condition of the person’s bail, to accept supervision or reasonable direction by the director-general; or (ii) support or assistance that the director-general is required to provide in relation to a condition of a person’s bail; (m) providing, or assisting in providing, services for young offenders, including by ensuring the provision of the care, support, rehabilitation and guidance necessary for them to become rehabilitated and reintegrated community members; (n) working with other government agencies and community organisations, to coordinate and promote the care and protection of children and young people, including young offenders. (2) The director-general has all the functions of an authorised person. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

23 Director-general instructions (1) The director-general may make instructions, consistent with this Act, for the management or operation of any administrative function under (2) A person exercising an administrative function under this Act must comply with the instructions.

24 Ministerial directions to director-general (1) The Minister may give directions to the director-general about the exercise of functions under this Act. Example—direction a direction to make policies or operating procedures to ensure that functions are exercised in accordance with a particular decision of the Supreme Court or a particular finding of a board of inquiry or royal commission (2) The director-general must comply with a direction under this section. (3) A direction is a notifiable instrument.

24A Director-general charters (1) The director-general may, on the director-general’s own initiative, make charters in relation to matters about providing, or assisting to provide, services for children and young people in accordance with (2) The director-general must make a charter about a matter the subject of a direction by the Minister, but only if the matter relates to providing, or assisting to provide, services for children and young people in accordance with this Act. (3) A person exercising a function under this Act to which a charter applies must, as far as practicable, give effect to the charter when exercising the function unless giving effect to the charter would— (a) not be in the best interests of a child or young person; or (b) be contrary to a provision of this Act. (4) A charter does not create rights or impose legally enforceable obligations on the Territory, a Minister or anyone else. (5) A charter is a notifiable instrument. (6) The director-general must review a charter at least once every 5 years after the day the charter is notified.

25 Director-general may ask for assistance, etc (1) The director-general may ask a territory entity or an ACT education provider to provide assistance, facilities or services relevant to the physical or emotional wellbeing of a child or young person. (2) A territory entity or a government school or school-related institution that receives a request under subsection (1) must comply with the request promptly. ACT education provider means any of the following: (a) a government or non-government school under the Education Act 2004; (b) a school-related institution under the Education Act 2004; (c) a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3; (d) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth). territory entity means any of the following: (b) a territory authority (other than the legal aid commission or the human rights commission); (c) a territory instrumentality; (d) a public employee (other than a judge or magistrate); (e) a police officer.

26 Director-general must give identity cards (1) This section applies if the director-general delegates a power under this Act or another territory law to someone else (an authorised person). Note The director-general may delegate a power under the Public Sector Management Act 1994, s 20. (2) However, this section does not apply to a delegation under section 883A (Director-general delegations—approved care and protection organisations) or a subdelegation under section 883B (Subdelegations—approved care and protection organisations). (3) The director-general must give an authorised person an identity card stating the person’s name and that the person is an authorised person. (4) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (5) A person commits an offence if the person— (a) stops being an authorised person; and (b) does not return the person’s identity card to the director-general as soon as practicable, but not later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (6) An offence against this section is a strict liability offence.

Part 2.2 Children and Youth Services Council Part 2.2 Children and Youth Services Council 27 Establishment of council (1) The Minister may establish a council (a Children and Youth Services Council) from time to time to exercise stated functions for a stated period in relation to services for children and young people in the ACT. (2) The instrument establishing the council is a notifiable instrument.

28 Council members (1) A Children and Youth Services Council must have at least 5, but not more than 10, members. (2) The Minister must appoint the members. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

Official visitors Part 2.3 Note At least 2 official visitors (including a visitor who is an Aboriginal or Torres Strait Islander person) must be appointed for this Act under the Official Visitor Act 2012 (the OV Act). The OV Act sets out the functions of official visitors which includes visiting visitable places, handling complaints from entitled people and reporting on those matters. This part defines what is an entitled person and a visitable place for the OV Act. This part also prescribes other matters for the OV Act.

37 Meaning of entitled person and visitable place entitled person— (a) means a child or young person who is— (i) detained in a detention place; or (ii) confined at an intensive therapy place; or (iii) accommodated in a place of care; and (b) includes— (i) a young detainee who is 18 years old or older; and (ii) a person prescribed by regulation. visitable place means— (a) a detention place; or (b) a place outside a detention place if a detainee is, or has been, directed to work or participate in an activity at the place; or (c) an intensive therapy place; or (d) a place of care.

38 Appointment of official visitors—additional suitability requirement A person must not be appointed as an official visitor for a visitable place unless the person is a suitable entity. Note Suitable entities are dealt with in pt 2.4.

39 Request for sensitive information by official visitors (a) a complaint is made to an official visitor for a visitable place in relation to the place under the Official Visitor Act 2012, section 22; and (b) the visitor intends to ask the operating entity for the visitable place for assistance in exercising the visitor’s functions at the (c) the request involves giving sensitive information. Note An operating entity for a visitable place must give an official visitor any reasonable assistance the official visitor asks for to exercise the official visitor’s functions at the place (see Official Visitor Act 2012, s 18). (2) Before asking the operating entity for assistance, the official visitor must consider whether the complaint would be better dealt with by, and should be referred to, an investigative entity. operating entity, for a visitable place—see the Official Visitor Act 2012, dictionary.

Part 2.4 Suitable entities for purposes under Act

60 Definitions—Act and pt 2.4 suitability information—see section 65. suitable entity—see section 61. (2) In this part: requirement notice—see section 68 (2). suitability information notice—see section 66 (2). suitable entities register—see section 72.

61 Who is a suitable entity? suitable entity, for a stated purpose, means an entity approved by the director-general under section 63 as a suitable entity for the purpose. Examples—suitable entities for purposes stated in Act 1 family group conference facilitators (see s 78) 2 approved care and protection organisations (see s 352C) 3 responsible person for an approved care and protection organisation (see s 352D) 4 childcare service proprietors and controlling people (see s 746) 5 researchers and others having contact with children or young people for a research project (see s 809)

62 Entity may apply to be suitable entity for purpose (1) An entity may apply, in writing, to the director-general for approval as a suitable entity for a stated purpose. (2) The director-general may make guidelines about applications (the suitability approval application guidelines). (3) A suitability approval application guideline is a disallowable

63 Director-general may approve suitable entity for purpose (1) The director-general may, in writing, approve an entity as a suitable entity for a stated purpose if satisfied that the entity is suitable for the purpose. Note 1 Power given by a law to make a decision includes power to reverse or Note 2 The director-general must establish a suitable entities register (see s 72). (2) The director-general must not approve an entity as a suitable entity for a stated purpose if— (a) the purpose involves engaging in a regulated activity within the meaning of the Working with Vulnerable People Act; and (b) the entity is required to be registered under that Act to engage in the activity; and (c) the entity is not registered under that Act.

64 Director-general must consider suitability information, etc (1) In deciding whether an entity is a suitable entity for a stated purpose, the director-general— (a) must consider each of the following: (i) suitability information under section 65 (1), definition of suitability information, paragraphs (a), (b) and (c) about the entity; (ii) if the director-general requires the entity to provide a reference or report under section 68 (2) (a)—the reference or report; (iii) if the director-general requires the entity to undergo a test or medical examination under section 68 (2) (b)—the result of the test or medical examination; and (b) may consider suitability information under section 65 (1), definition of suitability information, paragraphs (d), (e), (f), (g) and (h) about the entity. (2) If the director-general is considering suitability information under section 65 (1), definition of suitability information, paragraph (d) or (e), the director-general must give the entity written notice of that fact. (3) In deciding whether an organisation is a suitable entity for a care and protection purpose, the director-general must consider whether the organisation— (a) complies, and is likely to continue to comply, with the care and protection organisation standards; and

(b) is likely to have at least 1 responsible person for the organisation at all times during the term of the approval. Note 1 Care and protection organisation standards—see s 887. Care and protection purpose, for an organisation—see s 352B. Organisation—see s 352A. Responsible person, for an approved care and protection organisation— see s 352D. Note 2 See also s 70 (Offence—ongoing duty to update suitability information).

65 What is suitability information? suitability information, about an entity, means information about the (a) any conviction of, or finding of guilt against, the entity for— (i) an offence relating to the provision of services for children or young people; or (ii) an offence against a child or young person; or (iii) an offence involving a child or young person; or (iv) an offence involving violence; or (v) a sex offence; or (vi) an offence involving dishonesty or fraud; or (vii) an offence involving possession of, or trafficking in, a drug of dependence or controlled drug; or (viii) an offence against an animal;

(b) any proven noncompliance by the entity with a legal obligation in relation to providing services for children or young people; the entity is a licensed proprietor of a childcare service and the licence is suspended for safety reasons under s 763 or under a law of another jurisdiction that substantially corresponds to s 763 (c) any refusal of an application for a licence or other authority (however described) in relation to providing services for children or young people; (d) the soundness of the entity’s financial reputation and the stability of the entity’s financial background; (e) the entity’s reputation for honesty and integrity; (f) whether the entity has proven experience or demonstrated capacity in providing services for children and young people; (g) whether a voluntary report or mandatory report about the entity has been received by the director-general and any action that has been taken in response to the report by the director-general or a court or tribunal; (h) for an entity in relation to suitability for the purpose of foster care—information in paragraphs (a) to (g) for each other adult member of the entity’s household; (i) any other consideration relevant to the entity’s ability to provide high quality services for children or young people. (2) To remove any doubt, the information may be about any circumstance or thing mentioned in subsection (1) whether inside or outside the ACT. refusal in Queensland of an application for a licence in relation to providing services for children or young people

66 Director-general may require suitability information (1) This section applies if the director-general is making a decision about whether an entity is a suitable entity for a stated purpose. (2) The director-general may, by written notice given to the entity (a suitability information notice), require the entity to give the director-general stated suitability information about the entity not later than a stated reasonable time. (3) A suitability information notice must also tell the entity that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).

67 Director-general need not decide suitability if information not provided (a) the director-general has given an entity a suitability information notice; and (b) the entity does not give the director-general the suitability information in accordance with the notice. (2) The director-general need not decide whether the entity is a suitable entity for a stated purpose.

68 Director-general may require test etc (1) This section applies if the director-general is making a decision about whether an entity is a suitable entity for a stated purpose. (2) The director-general may, by written notice given to the entity (a requirement notice), require the entity to do 1 or both of the following not later than a stated reasonable time: (a) provide a stated reference or report;

(b) undergo a stated test or medical examination. Example—medical examination a psychiatric examination

69 Director-general need not decide suitability if test not taken, etc (a) the director-general has given the entity a requirement notice; and (b) the entity does not do the thing required in accordance with the requirement notice. (2) The director-general need not decide whether the entity is a suitable entity for a stated purpose.

70 Offence—ongoing duty to update suitability information (1) This section applies to an entity if— (i) the director-general is deciding whether the entity is a suitable entity for a stated purpose; or (ii) the director-general has decided that the entity is a suitable entity for a stated purpose and the entity is exercising functions for the purpose; and (b) the entity has given the director-general suitability information about the entity. Note Suitability information is defined in s 65. (2) The entity commits an offence if— (a) the entity’s suitability information under section 65 (1), definition of suitability information, paragraph (a), (b) or (c) changes; and

(b) the entity does not tell the director-general about the change as soon as practicable, but not later than 7 days after the change (3) The entity commits an offence if— (a) the director-general gave the entity written notice that the suitability information under section 65 (1), definition of suitability information, paragraph (d) was being considered in deciding whether the entity was a suitable entity; and (b) the entity becomes bankrupt or personally insolvent; and (c) the entity does not tell the director-general about becoming bankrupt or personally insolvent as soon as practicable, but not later than 7 days after becoming bankrupt or personally insolvent. Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (4) The entity commits an offence if— (a) the director-general gave the entity written notice that the suitability information under section 65 (1), definition of suitability information, paragraph (e) was being considered in deciding whether the entity was a suitable entity; and

(b) any of the following occurs: (i) a court convicts the entity, or finds the entity guilty, of an offence involving fraud or dishonesty; A conviction, or finding of guilt, against the entity under the Criminal Code, ch 3 (Theft, fraud, bribery and related offences). (ii) a tribunal, or an authority or person with the power to require the production of documents or the answering of questions, makes a finding against the entity about its honesty or integrity; and (c) the entity does not tell the director-general about the finding as soon as practicable, but not later than 7 days after the finding is made.

71 Director-general may employ etc suitable entity The director-general may appoint, engage, employ or authorise a suitable entity for a stated purpose (whether for payment or as a volunteer) for children and young people under this Act.

72 Suitable entities register (1) The director-general must establish a register of suitable entities (a suitable entities register) for this Act. (2) A suitable entities register must include the following details for each suitable entity: (a) the entity’s name;

(b) the purpose for which the entity is approved; (c) any other detail the director-general considers appropriate. Note 1 If the entity is an approved care and protection organisation (see s 352C), further details must be recorded in the approved care and protection organisations register (see s 352V). Note 2 Power to make a statutory instrument includes power to make different provision in relation to different matters or classes of matters (see Legislation Act, s 48).

Family group conferences—general Part 3.1

Part 3.1 Family group conferences—

73 Definitions—Act family group conference agreement—see section 76. family group conference facilitator—see section 78. participant, for a family group conference, means a person who attends the conference at the invitation of the family group conference facilitator. parties, for a family group conference agreement, means the participants who enter (or propose to enter) a family group conference agreement under section 85. relevant conference participant, for a family group conference about a child or young person, means a participant who has parental responsibility for the child or young person. Note Parental responsibility, for a child or young person, is dealt with in div 1.3.2.

74 Family group conferences—objects The objects of a family group conference about a child or young person are to— (a) encourage the child or young person and their family members, to take part in decisions affecting the child or young person; and (b) increase the support for the child or young person by their family members and significant people; and

Part 3.1 Family group conferences—general (c) make arrangements for the care of the child or young person to reduce the likelihood of the child or young person being in need of care and protection in the future.

75 What is a family group conference? family group conference means a conference about a child or young person to give the participants an opportunity to— (a) reach an agreement about a matter relating to the wellbeing of (b) enter into a family group conference agreement detailing the agreed arrangements for the wellbeing of the child or young (c) if a family group conference agreement is already in force for the child or young person—review the agreement.

76 What is a family group conference agreement? family group conference agreement means an agreement that— (a) arises from a family group conference about a child or young (b) is between— (ii) a relevant conference participant; and (iii) for an agreement about a young person who is 15 years old or older—the young person; and (c) details the arrangements agreed to by the parties for the wellbeing of the child or young person; and

Family group conferences—general Part 3.1 (d) is in writing and signed by— (ii) the relevant conference participant; and (iii) any other conference participant who agrees with the arrangements; and (e) may, but need not, include a requirement for the director-general to arrange for a family group conference to review the family group conference agreement not later than a stated day. (2) However, a family group conference agreement must not— (a) transfer parental responsibility for the child or young person from a person to the director-general; or (b) share parental responsibility for the child or young person with

77 Offence—publish details of family group conferences (1) A person commits an offence if the person publishes all or part of— (b) a family group conference outcome report; or (c) a record or report prepared for and presented to a family group conference. (2) A person commits an offence if the person publishes anything said or done at a family group conference. (3) This section does not apply if the publication is made under this Act or another territory law. Note Ch 25 contains further provisions about information secrecy and sharing.

Part 3.2 Family group conferences—facilitators Part 3.2 Family group conferences— facilitators 78 Family group conference facilitators—appointment (1) The director-general may appoint a person as a facilitator (a family group conference facilitator) for this chapter. Note For the making of appointments (including acting appointments), see the (2) However, the director-general may appoint a person to be a family group conference facilitator only if satisfied— (a) that the person has suitable qualifications and experience to exercise the functions of a family group conference facilitator; and (b) if the person is not a public employee—that the person is a suitable entity to be a family group conference facilitator. (3) An appointment is a notifiable instrument.

79 Family group conference facilitators—functions A family group conference facilitator has the function of facilitating each family group conference to which the facilitator is assigned by the director-general under section 82. Examples—ways facilitator may facilitate family group conference 1 preparing for a family group conference by— (a) meeting with proposed participants; and (b) providing mediation between proposed participants; and (c) resolving conflict between proposed participants 2 consulting someone with knowledge of a particular culture 3 asking someone to give information or a report to the conference without inviting the person to be a participant 4 inviting someone to attend the conference as a participant, at any time

Family group conferences—facilitators Part 3.2 5 allowing someone to take part in the conference by telephone, video-conference or in another way 6 deciding when and where the family group conference will take place Note 1 A family group conference facilitator may give the director-general protected information (including sensitive information) about a child or young person if the family group conference facilitator considers that giving the information is in the best interests of the child or young person (see s 853). Note 2 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Part 3.3 Family group conferences— arrangement and conduct

80 Family group conferences—criteria (1) The director-general may arrange for a family group conference about a child or young person if satisfied that the family group conference may help to promote the wellbeing and best interests of the child or 1 if a family group conference agreement is already in force for the child or young person and the director-general considers that the agreement should be reviewed 2 if the child or young person is in out-of-home care and the director-general considers that a family group conference may promote the child’s or young person’s contact with their family members or significant people 3 if the child or young person is about to be released from a detention place and the director-general considers that a family group conference may help the child’s or young person’s transition back into the community (2) The director-general may also arrange for a family group conference about a child or young person if the director-general believes on (a) the child or young person is in need of care and protection; and (b) arrangements should be made to secure the child’s or young person’s care and protection. 1 The director-general has appraised 3 child protection reports in relation to a risk of significant harm to 2 year old Billy. Billy’s parents have longstanding drug and alcohol use issues. The director-general believes that Billy is in need of care and protection and arranges a family group conference involving Billy’s family members to formulate a plan for Billy’s care and protection. 2 Jane is 14 years old and frequently absconds from her parent’s home for extended periods because of conflict with her parents. The director-general believes Jane is in need of care and protection and arranges a family group conference to ensure Jane’s care and protection.

3 The director-general appraises a child protection report of sexual abuse in relation to 8 year old Sally. The director-general identifies a risk of significant harm by Sally’s stepfather and decides that Sally is in need of care and protection. The director-general decides to arrange a family group conference for Sally’s care and protection as an alternative to seeking a care and protection order for Sally.

81 Family group conferences—criteria for review conference (1) This section applies if a family group conference agreement is in force for a child or young person. (2) The director-general must arrange for a family group conference to review the family group conference agreement if the director-general is— (a) required to do so in the agreement; or (b) asked to do so by— (i) the child or young person; or (ii) a participant in the family group conference at which the family group conference agreement was reached. (3) However, the director-general is not required to arrange a family group conference under subsection (2) (b) if the director-general— (a) has already arranged a conference to review the agreement because of a request under subsection (2) (b); or (b) considers it is not in the best interests of the child or young person to do so.

82 Family group conferences—facilitator to organise (1) If the director-general arranges a family group conference about a child or young person, the director-general must assign a family group conference facilitator to the conference. (2) The family group conference facilitator must, as soon as practicable after being assigned to the family group conference— (a) decide, under section 83 (1) (b) to (e), who should be invited to the conference; and (b) take reasonable steps to tell each person to be invited to the conference when and where the conference will take place; and (c) conduct the conference.

83 Family group conferences—who must be invited (1) A family group conference facilitator for a family group conference must take all reasonable steps to invite the following people to the conference: (b) if the family group conference facilitator is satisfied that the child or young person can understand and take part in the conference—the child or young person; (c) each parent of the child or young person, unless the family group conference facilitator considers that it would not be in the best interests of the child or young person for the parent to attend; (d) each other person (if any) who has parental responsibility for the child or young person, unless the family group conference facilitator considers that it would not be in the best interests of the child or young person for the person to attend; Note Parental responsibility, for a child or young person, is dealt with in div 1.3.2.

(e) any person with an interest in, or knowledge of, the care, wellbeing or development of the child or young person who the family group conference facilitator considers should attend the conference. (2) If a child or young person invited to a family group conference does not take part in the conference, the family group conference facilitator must take all reasonable steps— (a) to find out the views and wishes of the child or young person; and (b) to make the views and wishes of the child or young person known to each other person taking part in the conference; and (c) to ensure that the views and wishes of the child or young person are considered in reaching any agreement at the conference. (3) Subsection (2) does not create any requirement for a child or young person to express a view or wish about any matter. (4) A participant may not be represented at a family group conference by a lawyer. (5) However, for a participant mentioned in subsection (1) (b), (c), (d) or (e), a support person chosen by the participant may attend the family group conference to assist the participant if the family group conference facilitator considers the support person appropriate and capable of giving the participant assistance. Example—assistance assisting the participant to express the participant’s views

84 Family group conferences—compliance with standards A family group conference facilitator must conduct a family group conference in a way that complies with the family group conference standards (if any). Note The Minister may make family group conference standards under s 887.

85 Family group conferences—parties reach agreement (1) This section applies if the family group conference facilitator for a family group conference about a child or young person is satisfied that the director-general and all relevant conference participants (the parties) have reached agreement about an issue relating to the Note Relevant conference participant means a participant who has parental responsibility for the child or young person (see s 73). (2) The facilitator may propose that the parties enter into a family group conference agreement detailing the agreed arrangements for the (3) Before the parties enter into a family group conference agreement— (a) the facilitator must— (i) give the relevant conference participants an opportunity to get legal advice about the meaning and effect of the proposed family group conference agreement; and (ii) if the facilitator is satisfied that the child or young person has sufficient maturity and developmental capacity to understand the proposed family group conference agreement— (A) find out and consider the child’s or young person’s views and wishes about the proposed family group conference agreement; and (B) if the proposed family group conference agreement is about a young person who is 15 years old or older— give the young person an opportunity to get legal advice about the meaning and effect of the proposed family group conference agreement; and

(b) for a family group conference agreement reached at a family group conference arranged under section 80 (2) (Family group conferences—criteria)—the director-general must be satisfied that the proposed family group conference agreement is in the best interests of the child or young person.

86 Family group conferences—agreement of young person (1) This section applies if a family group conference agreement proposed under section 85 (2) is about a young person who is 15 years old or older. (2) The parties may enter the proposed family group conference agreement only if the facilitator for the family group conference is satisfied that the young person either— (a) agrees to the proposed family group conference agreement; or (b) does not have sufficient maturity or developmental capacity to understand and agree to the proposed family group conference

87 Family group conferences—before family group conference agreement (1) This section applies if the family group conference facilitator for a family group conference about a child or young person— (a) has, under section 85— (i) proposed that the parties enter into a family group conference agreement; and (ii) given the relevant conference participants an opportunity to get legal advice; and (iii) if required, found out and considered the child’s or young person’s views and wishes; and

(b) for a young person who is 15 years old or older—is satisfied under section 86 that the young person either— (i) agrees to the proposed family group conference agreement; or (ii) does not have sufficient maturity or developmental capacity to understand and agree to the proposed family group conference agreement. (2) The facilitator must encourage the parties to enter into the proposed family group conference agreement by putting the agreement in writing and seeking— (a) the signatures of the parties; and (b) the signature of any other participant who agrees with the arrangements in the agreement. (3) If the child or young person (not being a young person mentioned in subsection (1) (b)) agrees to the proposed family group conference agreement, the child or young person may also sign the agreement.

88 Family group conferences—outcome report (1) Within 28 days after a family group conference ends, the family group conference facilitator must give a written report about the outcome of the conference (the family group conference outcome report) to— (b) the child or young person; and (c) each person invited to attend the conference. (2) A family group conference outcome report must include the (a) details of when and where the conference took place;

(b) the name of— (i) the family group conference facilitator; and (ii) each person invited to the conference and whether they attended; and (iii) the name of anyone else who was not a participant but who provided information or a report to the conference. (3) If the conference resulted in a family group conference agreement, the family group conference outcome report must include a copy of the agreement. (4) Despite anything else in this section, the family group conference facilitator must not give a copy of the family group conference outcome report, or a copy of the family group conference agreement, to the child or young person if the facilitator believes on reasonable grounds— (a) that it would not be in the child’s or young person’s best interests to be given information contained in the report or agreement; or (b) that the child or young person is not able to understand the report or agreement.

89 Family group conference agreement—when takes effect A family group conference agreement takes effect— (a) when it has been signed by all parties to the agreement; or (b) if the parties agree to a later time of effect—at that time.

90 Family group conference agreements—implementation After receiving a family group conference agreement, the director-general must implement the arrangements in the agreement in a way that complies with the family group conference standards (if any). Note 1 The Minister may make family group conference standards under s 887. Note 2 The parties to a family group conference agreement may agree that parental responsibility for a child or young person be transferred to, or shared with, someone else (other than the director-general (see s 76)). If the family group conference was arranged because the director-general believed the child or young person to be in need of care and protection, the Childrens Court may be able to register the family group conference agreement. A registered family group conference agreement has effect as if it were a care and protection order and may be enforced accordingly. Registration of family group conference agreements is dealt with in pt 12.2.

Chapter 4 Children and young people and criminal matters—general

91 What are the criminal matters chapters? criminal matters chapter—each of the following is a criminal matters chapter: (a) this chapter; (b) chapter 5 (Criminal matters—transfers); (c) chapter 6 (Criminal matters—detention places); (d) chapter 7 (Criminal matters—search and seizure at detention places); (e) chapter 8 (Criminal matters—discipline at detention places); (f) chapter 9 (Criminal matters—conduct of disciplinary reviews).

92 Overview of the criminal matters chapters (1) This chapter sets out the principles (the youth justice principles) that apply in the criminal matters chapters, sets out general rules about keeping young detainees separate from adult detainees and defines some important concepts. (2) Chapter 5 deals with transfers of young detainees and young offenders. (3) Chapter 6 deals with detention places generally. (4) Chapter 7 deals with search and seizure at detention places. (5) Chapter 8 deals with the discipline of young detainees at detention places.

(6) Chapter 9 deals with the conduct of disciplinary reviews. Note Other laws relevant to children and young people and criminal matters include the following: • the Crimes Act 1900, pt 10 (Criminal investigation) and the Crimes Act 1914 (Cwlth), pt 1C (which applies in relation to the investigation of certain ACT offences) • the Bail Act 1992 • the Magistrates Court Act 1930 (in particular ch 4A (The Childrens Court)) • the Supreme Court Act 1933 • the Court Procedures Act 2004 (in particular pt 7A (Procedural provisions—proceedings involving children or young people)) • the Crimes (Sentencing) Act 2005 (in particular ch 8A (Sentencing young offenders)) • the Crimes (Sentence Administration) Act 2005 (in particular ch 14A (Sentence administration—young offenders)) • the Crimes (Restorative Justice) Act 2004

93 Application of criminal matters chapters generally (1) The criminal matters chapters apply to young offenders and young detainees who are adults in the same way as they apply to young offenders and young detainees who are under 18 years old. (2) However, the following provisions apply only to young detainees who are under 18 years old: (a) section 185 (2) (m) (Register of young detainees); (b) section 255 (Strip searches of young detainees under 18 years old—no-one with parental responsibility available); (c) section 267 (Body searches of young detainees under 18 years old—no-one with parental responsibility available).

(3) Also, certain requirements of the following provisions are different for young detainees who are under 18 years old and young detainees who are adults: (a) section 113 (Transfer—notifying people responsible for or (b) section 157 (Detention—notifying people responsible for or (c) section 182 (Injury etc—notifying people responsible for or (d) section 207 (Notice of segregation directions—safe room and other); (e) section 221 (Notice of decision about segregation direction); (f) section 237 (Alcohol and drug testing of young detainees); (g) section 251 (Notice of strip and body searches—person responsible for or nominated by young detainee); (h) section 254 (Strip searches on admission to detention place); (i) section 266 (People present at body searches).

94 Youth justice principles (1) For the criminal matters chapters, in deciding what is in the best interests of a child or young person, a decision-maker must consider each of the following matters that is relevant (the youth justice principles): (a) if a child or young person does something that is contrary to law, they should be encouraged to accept responsibility for the behaviour and be held accountable; (b) a child or young person should be dealt with in a way that acknowledges their needs and that will provide the opportunity to develop in socially responsible ways;

(c) a child or young person should be consulted about, and be given the opportunity to take part in making, decisions that affect the child or young person, to the maximum extent possible taking into consideration their age, maturity and developmental capacity; (d) if practicable and appropriate, decisions about an Aboriginal or Torres Strait Islander child or young person should be made in a way that involves their community; (e) if a child or young person is charged with an offence, they should have prompt access to legal assistance, and any legal proceeding relating to the offence should begin as soon as possible; (f) a child or young person may only be detained in custody for an offence (whether on arrest, on remand or under sentence) as a last resort and for the minimum time necessary; (g) children, young people and other young offenders should be dealt with in the criminal law system in a way consistent with their age, maturity and developmental capacity and have at least the same rights and protection before the law as would adults in similar circumstances; (h) on and after conviction, it is a high priority to give a young offender the opportunity to re-enter the community; (i) it is a high priority that intervention with young offenders must promote their rehabilitation, and must be balanced with the rights of any victim of the young offender’s offence and the interests of the community. (2) The decision-maker may also consider any other relevant matter.

(3) The youth justice principles are intended to be interpreted consistently with relevant human rights instruments and jurisprudence. Convention on the Rights of the Child (4) A reference in subsection (1) to a child or young person includes a reference to a person who is at least 18 years old but is being dealt with in relation to an offence committed, or alleged to have been committed, when the person was under 18 years old.

95 Who is a young detainee? (1) A child or young person is a young detainee if— (a) the child or young person is— Administration) Act 2005; or (iii) in detention under the Crimes (Sentencing) Act 2005; or (iv) otherwise in custody or detention under this Act or another territory law or a law of the Commonwealth or a State; and (b) the child or young person is required to be held in the director-general’s custody. (2) A person who is at least 18 years old but under 21 years old is a young detainee if any of the following apply to the person and the person is required to be held in the director-general’s custody: Administration) Act 2005; or

(iii) in detention under the Crimes (Sentencing) Act 2005; for an offence committed, or allegedly committed, when the person was under 18 years old; (b) the person is— Administration) Act 2005; for a breach, or alleged breach, of a sentencing order that is supervised by the director-general; (c) the person is otherwise in custody or detention under this Act or another territory law or a law of the Commonwealth or a State.

96 Who is a youth detention officer? In the criminal matters chapters: youth detention officer means an authorised person to whom the director-general has delegated functions of a youth detention officer under the criminal matters chapters. Note A person is an authorised person for this Act if the director-general delegates a power under the Act to the person.

97 Treating doctors—health service appointments (1) The director-general responsible for the administration of the Health Act 1993 must appoint a doctor (a treating doctor) for each detention (2) The treating doctor’s functions are— (a) to provide health services to young detainees; and (b) to protect the health of young detainees (including preventing the spread of disease at detention places).

(3) A treating doctor appointed for a detention place must be available to provide health services at the detention place at least once each week. (4) The treating doctor may give written directions to the director-general for subsection (2) (b). (5) The director-general must ensure that each direction under subsection (4) is complied with unless the director-general believes on reasonable grounds that compliance would undermine security or good order at the detention place.

98 Health practitioners—non-treating functions (1) The director-general may, orally or in writing, authorise a health practitioner (a non-treating health practitioner) to exercise non-treating functions under the criminal matters chapters. non-treating function does not include a health service or other function mentioned in section 97.

99 Transporting young detainees to and from court—young detainees to be kept separate from adult detainees (1) This section applies if it is necessary to transport a young detainee who is under 18 years old— (a) from a detention place to a court; or (b) from a court to a detention place. (2) The young detainee must not be transported with an adult who is under detention. (3) The young detainee must not be placed in a room with an adult who is under detention.

100 Detaining young detainees at court—young detainees to be kept separate from adult detainees (1) This section applies if a young detainee who is under 18 years old has been transported— (a) from a detention place to a court; or (b) from a court to a detention place. (2) The young detainee may be detained at the court— (a) before a hearing relating to the young detainee; or (b) after a hearing relating to the young detainee but before the young detainee is transported to the detention place. (3) However, the young detainee must not be placed in a room with an adult who is under detention. Note The Corrections Management Act 2007, s 33 (Detention in court cells) and s 33A (Detention in court cells—additional provisions for young detainees) also apply to young detainees.

Transfers within ACT—general Division 5.1.1

Division 5.1.1 Transfers within ACT—general

101 Directions to escort officers (1) For the criminal matters chapters, the director-general may give directions to an escort officer in relation to a young detainee, including directions to take the young detainee into custody or to a place stated in the direction. (2) Without limiting the authority that may be given by a direction under subsection (1), the direction authorises the escort officer to have custody of, and deal with, the young detainee in accordance with the direction.

102 Orders to bring young detainee before court etc (1) This part is additional to, and does not limit, any other power of a court or other entity to require a young detainee or other child or young person to be brought before the court or entity. (2) Without limiting subsection (1), the director-general must arrange for a young detainee or child or young person in the director-general’s custody to be brought before a court or other entity in accordance with any order or direction (however described) of the court or entity. Note A court may also order the director-general to bring a young detainee before the court in a civil proceeding if the young detainee consents (see s 876A).

103 Arrangements for escorting people The director-general may make an arrangement for escorting a child, a young person or a young detainee as required under this Act with— (a) the director-general responsible for administering the Corrections Management Act 2007; and (b) the chief police officer.

104 Escort officer functions etc (1) This section applies if, under a law in force in the Territory (other than part 5.2 (Interstate transfers)), a young detainee required to be held in the director-general’s custody is to be escorted anywhere by an escort officer. (2) To remove any doubt— (a) the escort officer is authorised to have custody of the young detainee for the purpose of escorting the young detainee; and (b) the young detainee is also taken to be in the director-general’s custody; and (c) an escort officer may, for the purpose of escorting the young detainee, exercise any function under this Act that the officer may exercise in relation to a young detainee admitted at a Examples—functions—par (c) 1 functions delegated to the officer by the director-general (for example, giving directions to young detainees) 2 youth detention officer’s functions under ch 7 (Criminal matters— search and seizure at detention places), including any use of force in accordance with div 6.6.4

Escorting young detainees etc Division 5.1.2

105 Escorting arrested person to court etc (1) This section applies if an arrested person— (a) has not been released on bail; and (b) is in police custody; and (c) is required by law to be brought before a court or tribunal. (2) A police officer may require an escort officer to bring the arrested person before the court or tribunal. (3) The escort officer must bring the arrested person before the court or tribunal and, for that purpose, may— (a) take the arrested person into custody; and (b) arrange for the arrested person to be detained under this Act until the arrested person is brought before the court or tribunal. arrested person means— (a) a child or young person who is arrested; or (b) someone else who is under 21 years old and is arrested in relation to an offence the person is alleged to have committed when under 18 years old.

106 Custody etc during proceedings Subject to any order or direction of a court, an escort officer who is required to bring a young detainee to a court must, as far as practicable, ensure— (a) the safe custody of the young detainee for the purposes of the proceeding; and (b) that the young detainee does not obstruct or hinder the proceeding.

107 Executing warrants of commitment or remand etc (1) The director-general may make escort officers available to attend at a court or tribunal— (a) to take a young detainee into custody; or (b) to arrange for a young detainee be kept in custody; or (c) to transfer or otherwise deal with a young detainee. (2) An order or direction of the court or tribunal addressed to all escorts— (a) is taken to be addressed to each escort; and (b) may be executed by any escort.

108 Other powers not limited To remove any doubt, this division is additional to, and does not limit, any other provision relating to the escorting of young detainees under a territory law or a law of the Commonwealth or a State. Examples—other provisions 1 the Crimes (Sentence Administration) Act 2005, pt 3.3 (Committal— miscellaneous)— • s 20 (Directions to escort officers) • s 21 (Orders to bring offender or remandee before court etc) 2 a law of a State relating to the escort of prisoners through the ACT

Transfers to health facilities Division 5.1.3

109 Transfers to health facilities (1) The director-general may direct that a young detainee be transferred to a health facility at a detention place, or outside a detention place, if the director-general believes on reasonable grounds that it is necessary or prudent for the young detainee to receive health services at the facility. Note Health facility—see the dictionary. (2) The director-general must have regard to the advice of a treating doctor when considering whether to make a direction under subsection (1). (3) The director-general may direct an escort officer to escort the young detainee— (a) to or from the health facility; or (b) for a facility other than a secure mental health facility—while at the facility. (4) The young detainee may be discharged from the health facility only if— (a) the health practitioner in charge of the young detainee’s care approves the discharge; or (b) the director-general directs that the young detainee be removed from the facility. Example—direction for removal of young detainee from health facility where the young detainee is a danger to the safety of people at the facility (5) The director-general must have regard to the health of the young detainee when considering whether to make a direction under subsection (4).

(6) The director-general may give a direction for ensuring that a young detainee discharged from a health facility under subsection (4) is returned to a detention place stated in the direction. (7) For chapter 8 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to health care.

109A Transfer to mental health facility—notice of change in status (1) This section applies if the director-general has made a direction under section 109 for the transfer of a young detainee from a detention place to an approved mental health facility or approved community care facility. (2) The director-general must tell the director-general responsible for the Mental Health Act 2015 in writing about any change in the young detainee’s status as a young detainee. 1 the person’s sentence of imprisonment ends 2 the person is released on parole 3 the person is otherwise released from detention approved community care facility—see the Mental Health Act 2015, approved mental health facility—see the Mental Health Act 2015,

Transfers of young detainees who become adults Division 5.1.4 Division 5.1.4 Transfers of young detainees who become adults

110 Application—div 5.1.4 This division applies to a young detainee serving a sentence of imprisonment or otherwise in custody at a detention place who is an

111 Transfers to correctional centres—under 21 years old (1) The director-general may, on the director-general’s own initiative or on application, direct that a young detainee to whom this division applies be transferred to a correctional centre. (2) However, the director-general must not give a direction under subsection (1) unless satisfied that the transfer is in the best interests of the young detainee or other young detainees. (3) In deciding whether the transfer is in the best interests of the young detainee or other young detainees, the director-general must consider (a) the young detainee’s views and wishes; (b) the young detainee’s maturity and any known history; (c) the young detainee’s developmental capacity; (d) if the young detainee is serving a sentence—the time remaining to be served by the young detainee; (e) the behaviour of the young detainee, particularly if it presents a risk to the safety of other young detainees or staff at the detention place; (f) whether the young detainee is likely to be vulnerable in a correctional centre; (g) the availability of services or programs appropriate for the young detainee at the correctional centre;

(h) whether the young detainee is more likely to be rehabilitated in the detention place or correctional centre. (4) The director-general may also consider any other relevant matter. (5) If the director-general gives a direction under this section for a young detainee, the director-general may direct an escort officer to escort the young detainee from the detention place to the correctional centre. (6) The young detainee must be dealt with as a detainee under the Corrections Management Act 2007 once the young detainee is admitted to the correctional centre.

112 Transfers to correctional centres—21 year olds (1) A young detainee who is 21 years old or older cannot be detained at a detention place, but must be detained at a correctional centre. (2) The director-general must give the directions necessary to ensure that a young detainee at a detention place who turns 21 years old is transferred to a correctional centre.

113 Transfer—notifying people responsible for or nominated (1) This section applies if a young detainee is transferred under— (a) division 5.1.3 (Transfers to health facilities); or (b) division 5.1.4 (Transfers of young detainees who become adults). (2) If the young detainee is under 18 years old, the director-general must take reasonable steps to tell someone who has daily care detainee about the transfer.

Notifying people of transfers Division 5.1.5 (3) If the director-general and someone else share daily care detainee, the director-general must act under subsection (2) in relation to the other person. (4) If the young detainee is 18 years old or older, the director-general must take reasonable steps to tell the young detainee’s nominated person about the transfer.

114 Definitions—pt 5.2 (1) In this part: Minister of a State means— (a) for a State other than the Northern Territory—a Minister of the Crown of the State; or (b) for the Northern Territory—a person holding ministerial office under the Northern Territory (Self-Government) Act 1978 (Cwlth). person responsible, for a young offender, means— (a) a parent of the young offender or someone else who has daily care responsibility, or long-term care responsibility, for the young offender; or (b) a person who has the care of the young offender, whether or not the person has parental responsibility (however described) for the young offender; or (c) for a young offender who is detained—a person who had the care of the young offender before the young offender was detained, whether or not the person has, or had, parental responsibility (however described) for the young offender. receiving State means the State to which a young offender is transferred. sending State means the State from which a young offender is transferred. transfer agreement—see section 115.

transfer arrangement—see section 116. transfer escort means a person who is authorised under a transfer agreement, transfer arrangement or transfer order to take and keep custody of a young offender. transfer order—see section 120. young offender means a person who— (a) has been convicted or found guilty of an offence by a court; and (b) was under 18 years old when the offence was committed but not under the age of criminal responsibility for the offence; and (c) has been sentenced for the offence. under the age of criminal responsibility—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code, section 25 for the

115 General agreements with other jurisdictions (1) The Minister may enter into an agreement (a transfer agreement) with a Minister of a State, or a person authorised to enter into a transfer arrangement for the Minister, providing generally for the transfer of young offenders— (a) from or to the ACT; or (b) through the ACT from a State to another State. (2) A transfer agreement relating to a State must not be entered into unless a declaration under subsection (3) has been notified under the Legislation Act in relation to the State.

(3) The Minister may declare that a State has enacted legislation dealing with the interstate transfer of young offenders. (4) A declaration is a notifiable instrument.

116 Transfer arrangements—general (1) If a transfer agreement with a Minister of a State is in force, the director-general may make an arrangement (a transfer arrangement) with the Minister, or a person authorised to enter into a transfer arrangement for the Minister, for the transfer of a particular young offender— (a) from the ACT to the State; or (b) to the ACT from the State. (2) The director-general may also make a transfer arrangement with the Minister, or a person authorised to enter into a transfer arrangement for the Minister, to fix a mistake in a transfer arrangement. (3) The director-general may only make a transfer arrangement for a particular young offender from the ACT to a State in the circumstances mentioned in section 117.

117 Power to arrange for transfers (1) The director-general may make a transfer arrangement for the transfer of a young offender from the ACT to a State— (a) on application by the young offender or a person responsible for the young offender; or (b) if the director-general has daily care responsibility, or long-term care responsibility, for the young offender.

(2) However, the director-general may only make a transfer arrangement for the transfer of a young offender from the ACT to a State if— (a) the director-general believes on reasonable grounds that the transfer is appropriate, having regard to all the circumstances, (i) the place or intended place of residence of the parents of the young offender and other people (if any) who have daily care responsibility, or long-term care responsibility, for the young offender, or the young offender’s family members; and (ii) the present and future education, training or employment of the young offender; and (iii) the medical needs of the young offender; and (iv) the safety, health and wellbeing of the young offender; and (i) the young offender agrees to the transfer; or (ii) the director-general decides that the particular circumstances of the case indicate that the transfer should be arranged without the young offender’s agreement; and (c) the young offender has been given independent legal advice about the effect of the transfer arrangement; and (d) the director-general is satisfied that there is no appeal pending against an order of a Childrens Court to which the young offender is subject. (3) In deciding whether to arrange for the transfer of a young offender on an application under subsection (1) (a), the director-general may ask the following people for relevant information: (a) the young offender; (b) a person responsible for the young offender.

(4) The director-general may refuse to make a transfer arrangement if information asked for is not supplied within the time stated by the (5) The director-general may make a transfer arrangement to transfer a young offender from the ACT to a State other than under subsection (1) if— (a) the young offender is detained in a detention place; and (b) the director-general believes on reasonable grounds that the behaviour of the young offender in the detention place puts at risk the safety, health or wellbeing of other people detained in the detention place or of staff at the detention place; and (c) the young offender has been given independent legal advice about the effect of the transfer arrangement; and (d) the director-general is satisfied that there is no appeal pending against an order of the Childrens Court to which the young offender is subject. (6) This section does not apply to a transfer arrangement to fix a mistake.

118 Transfer arrangements—facilities must be adequate A transfer arrangement for the transfer of a young offender from a State to the ACT may be made only if the director-general is satisfied that there are adequate facilities in the ACT for the young offender to be accepted and dealt with as provided in the transfer arrangement.

119 Transfer arrangements—content (1) A transfer arrangement for the transfer of a young offender from or to the ACT must— (b) provide for the acceptance of, and means of dealing with, the young offender in the receiving State; and

(c) state each order of a court of the sending State to which the young offender is subject (including an order required by a previous transfer arrangement with the Territory or with a State to be treated as having been made by a court of the sending State). (2) For each order mentioned in subsection (1) (c), the transfer arrangement must state— (a) the way that the order must operate in the receiving State, which must be as similar as possible to the way that it would operate in the sending State if the transfer arrangement were not made; and (b) the maximum time for which the order may operate, which must not be longer than the maximum time for which it could operate in the sending State if the transfer arrangement were not made; and (c) any entitlement of the young offender to a reduction in detention in the sending State and how that entitlement must operate in the receiving State, which must be as similar as possible to the way that it would operate in the sending State if the transfer arrangement were not made; and (d) that a young offender who is subject to a nonprobation period may be treated as being subject to an equivalent nonparole period, if the laws of the receiving State do not provide for nonprobation periods. (3) A reference in this section to an order of a court is a reference to a sentence, detention, probation, parole or other order, that could be made or imposed by the court.