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
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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
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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
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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
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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
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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
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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
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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