635XQuestioning children and young people

635X Questioning children and young people (1) This section applies to a child or young person giving evidence or expressing their views to the ACAT in relation to a review

Miscellaneous Division 16A.4.4 (2) The child or young person must not be cross-examined. (3) Only the following people may ask questions of the child or young (a) the ACAT; (b) the legal representative, if any, of the child or young person; (c) the litigation guardian, if any, for the child or young person. 635Y Hearings to be in private (1) A hearing of a review application must be held in private. (2) A private hearing is taken to be a hearing to which the ACT Civil and Administrative Tribunal Act 2008, section 39 (Hearings in private or partly in private) applies. Note Requirements for keeping private hearings secret are set out in the ACT Civil and Administrative Tribunal Act 2008, s 40. (3) For the ACT Civil and Administrative Tribunal Act 2008, section 39 (5), the following are additional matters about which the ACAT may be satisfied in giving directions under section 39 (2) (b) or (c): (a) because a child or young person is otherwise likely to be harmed; (b) because the safety of another person is otherwise likely to be endangered. 635Z Non-disclosure of information in notices and statements (1) This section applies if a decision-maker is required to give any of the following to a person (a relevant document): (a) an internal review notice under section 635B;

(b) a reviewable decision notice under section 635G; (c) a reasons statement under the ACT Civil and Administrative Tribunal Act 2008, section 22B in relation to a reviewable decision to which this chapter applies. (2) The decision-maker or internal reviewer may withhold the disclosure of information from the relevant document if they consider that not withholding the information— (a) is likely to result in harm to a child or young person; or (b) is likely to endanger the safety of another person; or (c) would result in undue interference with the privacy of a child or young person, or another person. (3) A relevant document from which disclosure of information is withheld under subsection (2) must include a statement that— (a) the disclosure of certain information has been withheld; and (b) the person may apply to the ACAT for access to the withheld (4) The person given the relevant document may apply to the ACAT for access to the withheld information. (5) The ACAT must give the person access to the withheld information unless satisfied that, if access is given— (a) a child or young person is likely to be harmed; or (b) the safety of another person is likely to be endangered; or (c) there would be undue interference with the privacy of a child or young person, or another person. (6) An application may be considered by the ACAT without a hearing.

Miscellaneous Division 16A.4.4 635ZA Matter before ACAT and court (a) a review application is before the ACAT; and (b) a proceeding on a care and protection order, that relates to some or all of the matters to which the review application relates (a related court proceeding), is also before a court. (2) The director-general must, on becoming aware of a related court proceeding, tell the ACAT— (a) that the proceeding is before the court; and (b) details of the proceeding. (3) The ACAT must, on application or on its own initiative, suspend the review application if it considers the court’s decision in the related court proceeding would effectively decide the matters to be decided by the ACAT in the review application. (4) If the matters are effectively decided by the court, the ACAT must dismiss the review application. (5) If the matters are not decided by the court, the ACAT may cancel the suspension of the review application and continue to deal with the (6) In acting under this section, the ACAT may be made up by a presidential member alone, but not a non-presidential member alone. Note The president of the ACAT is responsible for allocating members to the ACAT for an application (see ACT Civil and Administrative Tribunal Act 2008, s 89). 635ZB Review of ch 16A (1) The Minister must, as soon as practicable 5 years after this section commences— (a) review the operation of this chapter; and