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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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