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This is a Bill, not an Act. For current law, see the Acts databases.
CHILDREN AND YOUNG PEOPLE AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children, Youth and Family Support)
Children
and Young People Amendment Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children, Youth and Family Support)
Children and Young
People Amendment Bill 2005
A Bill for
An Act to amend the
Children and Young People
Act 1999
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Children and Young People Amendment Act
2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Children and Young People Act 1999.
substitute
Chapter 14 Standards and standing
orders
401A Definitions for ch 14
In this chapter:
exempt provision—see section 403A (2).
place of detention means an attendance centre, institution,
shelter or other place that children and young people may be detained under this
Act, but does not include a remand centre.
402 Standard-making power
(1) The chief executive may make standards for this Act.
(2) The standards may make provision in relation to the
following:
(a) the care to be provided by the chief executive for children or young
people for whom the chief executive has parental responsibility;
(b) the conduct of family group conferences.
(3) A standard is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act.
403 Standing order-making power
(1) The Minister may make standing orders for this Act.
(2) The standing orders may make provision in relation to the following at
or in relation to places of detention:
(a) safety, management and good order (including security);
(b) welfare, health and safety;
(c) powers of search, including of anyone entering, leaving or inside a
place of detention;
(d) use of force;
(e) personal property;
(f) education;
(g) visits;
(h) mail and phone calls;
(i) medical care and examinations;
(j) use of technology, including video surveillance and other monitoring
devices;
(k) discipline, including penalties and the withdrawal of
entitlements;
(l) behaviour management strategies;
(m) anything else prescribed by regulation.
(3) To remove any doubt, the Listening Devices Act 1992 does not
apply in relation to the use of video surveillance or other monitoring devices
in accordance with a standing order.
(4) A standing order is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
Note 2 Exempt provisions are not required to be notified.
(5) This section expires 1 year after the day it commences.
403A Standing orders—provisions about security
etc
(1) The Minister may, in writing, certify that—
(a) a stated provision of the standing orders applies to—
(i) the security of a place of detention; or
(ii) the safety of people at a place of detention; or
(iii) anything else prescribed by regulation; and
(b) the publication of the provision would be contrary to the public
interest.
(2) The certificate must state in general terms the matter to which the
provision (the exempt provision) applies.
(3) A certificate under subsection (2) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) The following provisions of the Legislation Act do not apply in
relation to an exempt provision:
(a) section 61 (Notification of registrable instruments);
(b) section 62 (Effect of failure to notify registrable
instrument);
(c) section 64 (Presentation of subordinate laws and disallowable
instruments);
(d) section 65 (Disallowance by resolution of Assembly);
(e) section 68 (Amendment by resolution of Assembly).
403B Standing
orders—inspection
The chief executive must ensure that a copy of the standing orders
(including any exempt provisions) is always available at attendance centres,
institutions and shelters for inspection by—
(a) a judge or magistrate; or
(b) the community advocate; or
(c) the human rights commissioner; or
(d) an official visitor; or
(e) the ombudsman.
5 Regulation-making
powerSection 417 (2)
(b)
substitute
(b) make provision in relation to—
(i) the duties of people in charge of shelters, attendance centres and
institutions; and
(ii) the health and safety (including medical examinations) of children or
young people, and other people, at places of detention; and
(iii) travel and transport arrangements for children or young people
attending attendance centres or performing community service; and
(iv) the discipline and security (including the use of force, inspection
of mail, and the use of video surveillance and other monitoring devices) at or
in relation to places of detention; and
(v) the safety, management and good order of places of detention;
and
(vi) working out the periods mentioned in section 106 (4) (Community
service orders) and section 110 (4) (Attendance centre orders).
insert
(4) In this section:
place of detention means an attendance centre, institution,
shelter or other place that children and young people may be detained under this
Act, but does not include a remand centre.
insert
Chapter 17 Transitional
418 Standing orders may operate retrospectively
etc
(1) This section applies to a standing order made under section 403 within
28 days after the day this section commences.
(2) The standing order may provide that the standing order (or a provision
of the standing order) commences on a date not earlier than 10 May
2000.
(3) Subsection (2) has effect despite the Legislation Act, section 76
(Non-prejudicial provision may commence retrospectively).
(4) The standing order has effect—
(a) as if it had been enacted by an Act; and
(b) despite anything in—
(i) this Act (other than this section); or
(ii) any other territory law, including the Listening Devices Act
1992; but
(c) subject to the Human Rights Act 2004.
Example for par (c)
The standing orders are subject to the right to liberty and security of the
person under the Human Rights Act 2004, section 18.
Note An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
(5) Subsections (1) to (4) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
419 Review of initial standing
orders
(1) In this section:
initial standing orders means the standing orders to which
section 418 applies.
(2) The chief executive must review the initial standing orders, and
report to the Minister in writing about the results of the review, within 3
months after the day this section commences.
420 Effect of declaration in NI2005-179
etc
(1) In this section:
relevant declaration means the Children and Young People
(Community Youth Justice Centre) Attendance Centre Declaration 2005 (No 1)
NI2005-179.
(2) The relevant declaration has effect, and is taken to have always had
effect, under this Act as if the declaration commenced on
5 July 2004.
(3) Block 1, section 13, in the Division of City is taken to be, and
always to have been, an attendance centre for this Act, section 412 during the
period beginning on 12 November 2001 and ending on 4 July
2004.
(4) Block 14, section 49, in the Division of Symonston is taken to be, and
always to have been, an attendance centre for this Act, section 412 for the
period beginning on 10 May 2000 and ending on 11 November 2001.
(5) Block 14, section 49, in the Division of Symonston is taken to be, and
always to have been, an attendance centre for the Children’s Services
Act 1986, section 157 for the period beginning on self-government day and
ending on 9 May 2000.
(6) Subsections (1) to (5) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
421 Effect of declarations in NI2005-180 and
NI2005-181
(1) In this section:
relevant declarations means the following:
• the Children and Young People (Quamby Youth Detention Centre)
Shelter Declaration 2005 (No 1) NI2005-180
• the Children and Young People (Quamby Youth Detention Centre)
Institution Declaration 2005 (No 1) NI2005-181.
(2) The relevant declarations have effect, and are taken always to have
had effect, under this Act as if the relevant declarations commenced on 10 May
2000.
(3) The relevant declarations are taken to have also had effect, and
always have had effect, as if—
(a) they had been made under the Children’s Services Act
1986; and
(b) as made under that Act, they commenced on 25 March 1994 and ended on 9
May 2000.
(4) Subsections (1), (2) and (3) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
422 Effect of declaration in
NI2005-222
(1) In this section:
relevant declaration means the Children and Young People
(Marlow Cottage) Shelter Declaration 2005 (No 1) NI2005-222.
(2) The relevant declaration has effect, and is taken always to have had
effect, under this Act as if the relevant declaration commenced on 10 May
2000.
(3) The relevant declaration is taken to have also had effect, and always
have had effect, as if—
(a) it had been made under the Children’s Services Act 1986;
and
(b) as made under that Act, it commenced on 6 November 1995 and ended on 9
May 2000.
(4) Subsections (1), (2) and (3) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
423 Effect of approval in
NI1988-1
(1) In this section:
relevant approval means the Children’s Services
(Attendance Centre, Shelter and Institution) Approval 1988 (No 1)
NI1988-1.
(2) To remove any doubt and without limiting the period for which the
relevant approval had effect, the approval is taken always to have had effect
for the period beginning on self-government day and ending on 24 March
1994.
(3) Subsections (1) and (2) are laws to which the Legislation Act, section
88 (Repeal does not end effect of transitional laws etc) applies.
424 Effect of appointment of official
visitors
(1) In this section:
relevant instrument means the Children and Young People
Official Visitor Appointment 2005 (No 1) DI2005-89.
(2) To remove any doubt, the appointment of the official visitors by the
relevant instrument has effect, and is taken always to have had effect, for the
period stated in the instrument.
(3) Subsections (1) and (2) are laws to which the Legislation Act, section
88 (Repeal does not end effect of transitional laws etc) applies.
424 Expiry—ch 17
This chapter expires 4 months after the day it commences.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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