Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Children and Young People
Regulation 2009
SL2009-37
made under the
Children and Young People Act 2008
Republication No 6
Effective: 4 July 2025
Republication date: 4 July 2025
Last amendment made by SL2025-13
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Children and Young People Regulation 2009, made under the
Children and Young People Act 2008 (including any amendment made under the Legislation
Act 2001, part 11.3 (Editorial changes)) as in force on 4 July 2025. It also includes any
commencement, amendment, repeal or expiry affecting this republished law to 4 July 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 does not include 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).
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Australian Capital Territory
Children and Young People
Regulation 2009
made under the
Children and Young People Act 2008
Contents
Page
1 Name of regulation 2
3 Notes 2
3AA Register of searches and uses of force—details in relation to search—
Act, s 195 (2) (h) 2
3AB Register of searches and uses of force—inspection—Act, s 195 (5) (g) 2
3AC Intensive therapy register—who may have access—Act, s 597 (1) (i) 2
3A Meaning of care and protection purpose—Act, s 352B, def care and
protection purpose, par (a) (ii) 2
4 Meaning of light work—Act, s 793 (b) 3
Contents
Page
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5 Decision-maker for internally reviewable decisions—care and
protection—Act, s 635A, def decision-maker 4
6 Internally reviewable decisions—care and protection—Act, s 635A,
def internally reviewable decision 4
7 Notice of internally reviewable decisions—care and protection—Act,
s 635B (a) 5
Schedule 1 Internally reviewable decisions—care and
protection 6
Part 1.1 Preliminary 6
1.1 Definitions—sch 1 6
Part 1.2 Care and protection decisions
Part 1.3 Assistance decisions 12
Dictionary 13
Endnotes
1 About the endnotes 14
2 Abbreviation key 14
3 Legislation history 15
4 Amendment history 16
5 Earlier republications 18
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Australian Capital Territory
Children and Young People
Regulation 2009
made under the
Children and Young People Act 2008
Section 1
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1 Name of regulation
This regulation is the Children and Young People Regulation 2009.
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3AA Register of searches and uses of force—details in
relation to search—Act, s 195 (2) (h)
The register must state in relation to each search if the young detainee
is an Aboriginal or Torres Strait Islander person.
3AB Register of searches and uses of force—inspection—Act,
s 195 (5) (g)
The Aboriginal and Torres Strait Islander children and young people
commissioner is prescribed.
3AC Intensive therapy register—who may have access—Act,
s 597 (1) (i)
The Aboriginal and Torres Strait Islander children and young people
commissioner is prescribed.
3A Meaning of care and protection purpose—Act, s 352B,
def care and protection purpose, par (a) (ii)
The following purposes are prescribed as care and protection
purposes:
(a) to provide placement prevention, reunification and supported
contact services in a—
(i) home or community setting; or
(ii) residential setting;
Section 4
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(b) to provide clinical services;
(c) to provide engagement, empowerment and advocacy services;
(d) to provide transition to adulthood services.
4 Meaning of light work—Act, s 793 (b)
Note 1 The Act, s 793 defines light work to mean work that—
(a) is not contrary to the best interests of a child or young person; and
(b) is declared by regulation to be light work.
Note 2 For the meaning of employment contrary to the best interests of a child
or young person—see the Act, s 782.
(1) Work is light work if it is work undertaken by a child or young person
that is—
(a) suitable for the physical, emotional and developmental capacity
of the child or young person; and
(b) adequately supervised; and
(c) done under conditions where appropriate work safety standards
to protect the child or young person from exposure to hazards or
potential hazards are in place.
(2) In this section:
adequately supervised means—
(a) for a child 3 years of age or younger—supervision by a parent
or guardian at all times; and
(b) for a child more than 3 years of age but under 12 years of age—
(i) supervision by a parent or guardian; or
(ii) supervision by a responsible adult approved by a parent or
guardian; and
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(c) for a young person—supervision by a responsible adult.
Examples—light work
• going on errands
• casual work in or around a private home
• work related to sporting activities such as being an umpire, referee, golf-caddy
or court attendant
• clerical work
• work as a cashier
• gardening
• taking care of children in or around a private home
• providing entertainment at a place used for providing entertainment or
amusement or at sporting activities
• singing, dancing or playing a musical instrument
• performing in a radio, television or film program or production
• modelling
• a photographic subject, whether still or moving
5 Decision-maker for internally reviewable decisions—
care and protection—Act, s 635A, def decision-maker
The director-general is prescribed for a decision mentioned in
schedule 1.
6 Internally reviewable decisions—care and protection—
Act, s 635A, def internally reviewable decision
The following decisions are prescribed:
(a) a decision of the director-general mentioned in schedule 1,
part 1.2, column 3 exercising a function mentioned in column 2
for the decision;
(b) a decision of the director-general mentioned in schedule 1,
part 1.3, column 3 under a section of the Act mentioned in
column 2 for the decision.
Section 7
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7 Notice of internally reviewable decisions—care and
protection—Act, s 635B (a)
The following people are prescribed:
(a) for a decision mentioned in schedule 1, part 1.2—a person
mentioned in column 4 for the decision;
(b) for a decision mentioned in schedule 1, part 1.3—a person
mentioned in column 4 for the decision.
Schedule 1 Internally reviewable decisions—care and protection
Part 1.1 Preliminary
Section 1.1
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Schedule 1 Internally reviewable
decisions—care and protection
(see s 6 and s 7)
Part 1.1 Preliminary
1.1 Definitions—sch 1
In this schedule:
Aboriginal or Torres Strait Islander cultural plan—see the Act,
section 513 (3).
carer, of child or young person—
(a) means an out-of-home carer; and
(b) includes a previous carer and a prospective carer.
long-term decision, in relation to a child or young person—
(a) means a decision that will or is likely to have implications for
the child’s or young person’s long-term wellbeing; but
(b) does not include—
(i) a decision that is routine in nature or of temporary effect;
or
(ii) a decision that has been reviewed, or is reviewable, by
another entity.
Examples—par (b) (i)
1 arrangements for the temporary care of the child or young person
2 decision that child or young person not attend an event due to temporary
illness
3 taking child or young person to routine GP or dental appointments
4 administering over-the-counter medication for a temporary illness or
prescribed medication
Internally reviewable decisions—care and protection Schedule 1
Preliminary Part 1.1
Section 1.1
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significant cultural decision, in relation to a child or young person—
(a) means a long-term decision about a child’s or young person’s
cultural identity; and
(b) includes a decision that would result in either or both of the
following:
(i) the child or young person regularly participating in
activities for the purpose of observing a particular cultural
group;
(ii) the child or young person regularly participating in
education associated with a particular cultural group.
significant education decision, in relation to a child or young
person—
(a) means a long-term decision about the education of the child or
young person; and
(b) includes a decision to do any of the following:
(i) enrol, or change the enrolment of, the child or young
person in a school, training program or apprenticeship;
(ii) register the child or young person for home education
under the Education Act 2004, part 5.2;
(iii) apply for an exemption certificate for the child or young
person under the Education Act 2004, part 2.3.
significant religious decision, in relation to a child or young
person—
(a) means a long-term decision about the religion of a child or
young person; and
(b) includes a decision that would result in any of the following:
(i) the child or young person being initiated into a particular
religion;
Schedule 1 Internally reviewable decisions—care and protection
Part 1.1 Preliminary
Section 1.1
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(ii) the child or young person regularly participating in
activities for the purpose of observing a particular religion;
(iii) the child or young person regularly participating in
education associated with a particular religion.
Example—par (b) (i)
baptism
Examples—par (b) (ii)
attending church services, following religious dietary practices
Internally reviewable decisions—care and protection Schedule 1
Care and protection decisions Part 1.2
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Part 1.2 Care and protection decisions
column 1
item
column 2
function
column 3
decision
column 4
prescribed person
1 short-term parental
responsibility provision
long-term decision in
relation to support or
service to be given to
parent of child or young
person
• parent of child or
young person
2 contact provision in
relation to deciding who
may have contact with
child or young person
long-term decision or
other significant decision
about person to have
contact with child or
young person
• person to have
contact
• child or young
person
• parent of child or
young person
• carer of child or
young person
3 contact provision in
relation to deciding who
may have contact with
child or young person
long-term decision or
other significant decision
about person not to have
contact with child or
young person
• person not to have
contact
• child or young
person
• parent of child or
young person
• carer of child or
young person
4 contact provision in
relation to deciding any
conditions for person’s
contact with child or
young person
long-term decision or
other significant decision
to place condition on
person’s contact with
child or young person in
relation to frequency or
duration of contact
• person with
condition placed
on contact
• child or young
person
• parent of child or
young person
• carer of child or
young person
Schedule 1 Internally reviewable decisions—care and protection
Part 1.2 Care and protection decisions
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column 1
item
column 2
function
column 3
decision
column 4
prescribed person
5 drug use provision in
relation to giving
directions about
undergoing drug testing
any direction given • parent subject to
provision
6 residence provision to
decide where or with
whom child or young
person must live
long-term decision or
other significant decision
about placement of child
or young person
• child or young
person
• parent of child or
young person
• carer of child or
young person
7 daily care responsibility
under Act, s 512
long-term decision or
other significant decision
about placement of child
or young person
• child or young
person
• parent of child or
young person
• carer of child or
young person
8 supervision provision long-term decision • parent subject to
provision
9 parental responsibility
provision
significant cultural
decision
• child or young
person
• parent of child or
young person
• carer of child or
young person
10 parental responsibility
provision
significant education
decision
• child or young
person
• parent of child or
young person
• carer of child or
young person
Internally reviewable decisions—care and protection Schedule 1
Care and protection decisions Part 1.2
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column 1
item
column 2
function
column 3
decision
column 4
prescribed person
11 parental responsibility
provision
long-term decision about
child or young person’s
health
• child or young
person
• parent of child or
young person
• carer of child or
young person
12 parental responsibility
provision
significant religious
decision
• child or young
person
• parent of child or
young person
• carer of child or
young person
13 Aboriginal or Torres
Strait Islander cultural
plan
proposal about
preservation and
enhancement of identity
of child or young person
• child or young
person
• parent of child or
young person
• carer of child or
young person
14 parental responsibility
provision in relation to
Aboriginal or Torres
Strait Islander cultural
plan
long-term decision about
implementation of plan
• child or young
person
• parent of child or
young person
• carer of child or
young person
15 Act, s 513 long-term decision or
other significant decision
about placement of
Aboriginal or Torres
Strait Islander child or
young person in
accordance with
Aboriginal or Torres
Strait Islander cultural
plan
• child or young
person
• parent of child or
young person
• carer of child or
young person
Schedule 1 Internally reviewable decisions—care and protection
Part 1.3 Assistance decisions
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Part 1.3 Assistance decisions
column 1
item
column 2
section
column 3
decision
column 4
prescribed person
1 503 refuse to provide
assistance to child or
young person
• child or young person
• carer of child or
young person
• parent of child or
young person
2 529I refuse to provide
assistance to child,
young person or young
adult
• child or young person
• young adult
• parent of child, young
person or young adult
3 529J refuse to provide
financial assistance to
child, young person or
young adult
• child or young person
• young adult
4 529JA refuse to provide
financial assistance to
previous out-of-home
carer of young adult
• young adult
• previous out-of-home
carer
Dictionary
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Dictionary
Note Terms used in this regulation have the same meaning that they have in
the Children and Young People Act 2008. For example, the following
terms are defined in the Children and Young People Act 2008, dict:
• Aboriginal and Torres Strait Islander children and young people
commissioner
• Aboriginal or Torres Strait Islander person
• child (see s 11)
• daily care responsibility (see s 19)
• out-of-home carer (see s 508)
• parent (see s 16 (2))
• young adult
• young person (see s 12).
Aboriginal or Torres Strait Islander cultural plan, for schedule 1
(Internally reviewable decisions—care and protection)—see the
Act, section 513 (3).
carer, of child or young person, for schedule 1 (Internally reviewable
decisions—care and protection)—see schedule 1, section 1.1.
long-term decision, in relation to a child or young person, for
schedule 1 (Internally reviewable decisions—care and protection)—
see schedule 1, section 1.1.
significant cultural decision in relation to a child or young person,
for schedule 1 (Internally reviewable decisions—care and
protection)—see schedule 1, section 1.1.
significant education decision, in relation to a child or young person,
for schedule 1 (Internally reviewable decisions—care and
protection)—see schedule 1, section 1.1.
significant religious decision, in relation to a child or young person,
for schedule 1 (Internally reviewable decisions—care and
protection)—see schedule 1, section 1.1.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Children and Young People Regulation 2009 SL2009-37
notified LR 16 July 2009
s 1, s 2 commenced 16 July 2009 (LA s 75 (1))
remainder commenced 17 July 2009 (s 2 and see Children and Young
People Act 2008 A2008-19 s 2)
as amended by
Children and Young People Amendment Regulation 2015 (No 1)
SL2015-32
notified LR 14 October 2015
s 1, s 2 commenced 14 October 2015 (LA s 75 (1))
remainder commenced 15 October 2015 (s 2)
Aboriginal and Torres Strait Islander Children and Young People
Commissioner Act 2022 A2022-25 sch 1 pt 1.2
notified LR 14 December 2022
s 1, s 2 commenced 14 December 2022 (LA s 75 (1))
sch 1 pt 1.2 commenced 15 December 2022 (s 2)
Justice (Age of Criminal Responsibility) Legislation Amendment
Act 2023 A2023-45 sch 1 pt 1.2
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
sch 1 pt 1.2 commenced 27 March 2024 (s 2 (2) (a))
Children and Young People Amendment Act 2024 (No 2) A2024-34
pt 3
notified LR 10 July 2024
s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
pt 3 commenced 1 July 2025 (s 2 (2))
Children and Young People Amendment Regulation 2025 (No 1)
SL2025-13
notified LR 3 July 2025
s 1, s 2 commenced 3 July 2025 (LA s 75 (1))
remainder commenced 4 July 2025 (s 2 (b))
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Register of searches and uses of force—details in relation to search—Act,
s 195 (2) (h)
s 3AA ins A2022-25 amdt 1.61
Register of searches and uses of force—inspection—Act, s 195 (5) (g)
s 3AB ins A2022-25 amdt 1.61
Intensive therapy register—who may have access—Act, s 597 (1) (i)
s 3AC hdg sub A2023-45 amdt 1.26
s 3AC ins A2022-25 amdt 1.61
Meaning of care and protection purpose—Act, s 352B, def care and
protection purpose, par (a) (ii)
s 3A ins SL2015-32 s 4
Decision-maker for internally reviewable decisions—care and protection—
Act, s 635A, def decision-maker
s 5 ins A2024-34 s 40
Internally reviewable decisions—care and protection—Act, s 635A,
def internally reviewable decision
s 6 ins A2024-34 s 40
Notice of internally reviewable decisions—care and protection—
Act, s 635B (a)
s 7 ins A2024-34 s 40
Internally reviewable decisions—care and protection
sch 1 hdg ins A2024-34 s 41
Preliminary
sch 1 pt 1.1 hdg ins A2024-34 s 41
Definitions—sch 1
s 1.1 ins A2024-34 s 41
def Aboriginal or Torres Strait Islander cultural plan
ins A2024-34 s 41
def carer ins A2024-34 s 41
def long-term decision ins SL2025-13 s 4
def significant cultural decision ins SL2025-13 s 4
def significant education decision ins SL2025-13 s 4
def significant religious decision ins SL2025-13 s 4
Care and protection decisions
sch 1 pt 1.2 ins A2024-34 s 41
sub SL2025-13 s 5
Endnotes
Amendment history 4
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Assistance decisions
sch 1 pt 1.3 ins A2024-34 s 41
Dictionary
dict ins A2022-25 amdt 1.62
am A2024-34 s 42
def Aboriginal or Torres Strait Islander cultural plan
ins A2024-34 s 43
def carer ins A2024-34 s 43
def long-term decision ins SL2025-13 s 6
def significant cultural decision ins SL2025-13 s 6
def significant education decision ins SL2025-13 s 6
def significant religious decision ins SL2025-13 s 6