Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
CHILDREN AND YOUNG PEOPLE (CONSEQUENTIAL AMENDMENTS) BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Children
and Young People (Consequential Amendments) Bill 2008
Contents
Page
Part 1.1 Children
and Young People Act 2008 3
Part 1.2 Court
Procedures Act 2004 48
Part 1.3 Crimes
(Sentence Administration) Act 2005 50
Part 1.4 Crimes
(Sentencing) Act 2005 56
Part 1.5 Magistrates
Court Act 1930 58
Part 2.1 Bail Act
1992 61
Part 2.2 Children
and Young People Act 1999 62
Part 2.3 Coroners
Act 1997 62
Part 2.4 Corrections
Management Act 2007 63
Part 2.5 Court
Procedures Act 2004 64
Part 2.6 Crimes
(Child Sex Offenders) Act 2005 64
Part 2.7 Evidence
(Miscellaneous Provisions) Act 1991 65
Part 2.8 Food Act
2001 65
Part 2.9 Human
Rights Commission Act 2005 65
Part 2.10 Juries Act
1967 66
Part
2.11 Legislation Act
2001 66
Part 2.12 Listening
Devices Act 1992 66
Part 2.13 Public
Advocate Act 2005 67
Part 2.14 Security
Industry Regulation 2003 67
Part 3.1 Adoption
Act 1993 68
Part 3.2 Bail Act
1992 68
Part 3.3 Charitable
Collections Regulation 2003 69
Part 3.4 Children
and Young People Act 1999 69
Part 3.5 Civil Law
(Property) Act 2006 70
Part 3.6 Court
Procedures Rules 2006 70
Part 3.7 Crimes
(Child Sex Offenders) Act 2005 71
Part 3.8 Crimes
(Restorative Justice) Act 2004 71
Part 3.9 Crimes
(Sentence Administration) Act 2005 72
Part 3.10 Crimes
(Sentencing) Act 2005 73
Part 3.11 Domestic
Violence and Protection Orders Act 2001 73
Part 3.12 Education
Act 2004 74
Part 3.13 Evidence
(Miscellaneous Provisions) Act 1991 74
Part 3.14 Food Act
2001 75
Part 3.15 Health
Records (Privacy and Access) Act 1997 75
Part 3.16 Human
Rights Commission Act 2005 76
Part 3.17 Juries Act
1967 77
Part 3.18 Mental
Health (Treatment and Care) Act 1994 77
Part
3.19 Testamentary Guardianship Act
1984 81
Part 3.20 Tobacco
Act 1927 81
Part 3.21 Victims of
Crime (Financial Assistance) Act 1983 82
Part 4.1 Bail Act
1992 83
Part 4.2 Charitable
Collections Regulation 2003 84
Part
4.3 Confiscation of Criminal Assets Act
2003 84
Part 4.4 Coroners
Act 1997 85
Part 4.5 Court
Procedures Act 2004 85
Part 4.6 Court
Procedures Rules 2006 86
Part 4.7 Crimes Act
1900 87
Part 4.8 Crimes
(Child Sex Offenders) Act 2005 88
Part 4.9 Crimes
(Child Sex Offenders) Regulation 2005 89
Part 4.10 Crimes
(Restorative Justice) Act 2004 90
Part 4.11 Crimes
(Sentence Administration) Act 2005 91
Part 4.12 Crimes
(Sentencing) Act 2005 91
Part 4.13 Drugs of
Dependence Act 1989 92
Part 4.14 Education
Act 2004 92
Part 4.15 Evidence
(Miscellaneous Provisions) Act 1991 93
Part 4.16 Hawkers
Act 2003 94
Part 4.17 Juries Act
1967 94
Part
4.18 Legislation Act
2001 94
Part 4.19 Mental
Health (Treatment and Care) Act 1994 94
Part 4.20 Public
Advocate Act 2005 96
Part 4.21 Public
Health Regulation 2000 96
Part 4.22 Victims of
Crime (Financial Assistance) Act 1983 97
Part
5.1 Repeals—criminal
matters 98
Part
5.2 Repeals—care and protection
matters 98
Part
5.3 Repeals—remainder 99
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Children and Young
People (Consequential Amendments) Bill 2008
A Bill for
An Act to amend legislation because of the enactment of the Children and
Young People Act 2008, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Children and Young People (Consequential Amendments) Act
2008.
(1) Section 3 and section 4 commence on the day after this Act’s
notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) Schedule 1, part 1.1 commences immediately after the commencement of
the Children and Young People Act 2008, section 2.
(3) Schedule 2 and schedule 5, part 5.1 commence on the commencement of
the Children and Young People Act 2008, chapter 4.
(4) Schedule 3 and schedule 5, part 5.2 commence on the commencement of
the Children and Young People Act 2008, chapter 10.
(5) Schedule 1, parts 1.2, 1.3, 1.4 and 1.5, schedule 4 and schedule 5,
part 5.3 commence on the commencement of the Children and Young People Act
2008, chapter 20.
3 Legislation
amended—schs 1–4
This Act amends the legislation mentioned in schedules 1 to 4.
4 Legislation
repealed—sch 5
This Act repeals the legislation mentioned in schedule 5.
Schedule
1 Consequential
amendments—transitional provisions
(see s 3)
Part
1.1 Children and Young People Act
2008
insert
Chapter 27 Transitional
Part 27.1 General
889 Meaning of repealed Act—pt
27.1
In this part:
repealed Act means the Children and Young People Act
1999.
890 Construction of outdated
references
(1) In any Act, instrument made under an Act or a document, a reference to
the repealed Act is, in relation to anything to which this Act applies, a
reference to this Act.
(2) In any Act, instrument made under an Act or a document, a reference to
a provision of the repealed Act is, in relation to anything to which this Act
applies, a reference to the corresponding provision of this Act.
(3) In any Act, instrument made under an Act or a document, a reference to
anything that is no longer applicable because of the repeal or amendment of the
repealed Act by this Act and for which there is a corresponding thing under this
Act, is taken to be a reference to the corresponding thing under this Act, if
the context allows and if otherwise appropriate.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
891 Procedural changes—applications under
repealed Act
(1) This section applies if an application made under the repealed Act
(the earlier application) is, under this chapter, taken to be an
application made under this Act.
(2) If the earlier application is for an order that does not precisely
correspond to an order for which an application may be made under this Act, the
earlier application is taken to be for an order the terms of which most closely
correspond to the order applied for in the earlier application.
(3) If a procedural order has been made in relation to the earlier
application, or a procedure has been followed in relation to the earlier
application—
(a) the order or procedure is taken to be in accordance with this Act;
and
(b) when the application next comes before the court, the court may give
the directions or make the orders in relation to the procedure that it could
make in relation to an application under this Act.
(4) If—
(a) under this Act the earlier application would be required to be given
to a person (the relevant person); and
(b) under the repealed Act the relevant person was not required to be
given a copy of the application, and the person was not given a copy;
when the proceeding comes before the court, the court—
(c) must decide whether the relevant person should be given a copy of the
application; and
(d) may dispense with the requirement without affecting the validity of an
order made on the application.
892 References to orders in force immediately before
commencement day
(1) A reference in this chapter to an order in force under the repealed
Act immediately before the commencement day includes a reference to an order
that—
(a) was in force under the Children’s Services Act 1986
immediately before the commencement of the repealed Act; and
(b) was taken to be an order under the repealed Act because of the
operation of the repealed Act, chapter 17 (Transitional provisions);
and
(c) is in force immediately before the commencement day.
(2) In this section:
commencement day means the commencement day that applies to
the provision in which the reference to the order appears.
893 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this chapter (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this chapter.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
894 Expiry—ch 27
(1) This chapter expires 5 years after the day it commences.
(2) This chapter, other than sections 893, 899, 923, part 27.3, part 27.5
and section 969, is a law to which the Legislation Act, section 88 (Repeal does
not end effect of transitional laws etc) applies.
Part 27.2 Care and protection
matters
895 Definitions—pt 27.2
In this part:
commencement day means the day the care and protection
chapters commence.
repealed Act means the Children and Young People Act
1999, as in force immediately before the commencement day.
896 Parental responsibility
generally
To remove any doubt, a person who, immediately before the commencement day,
has parental responsibility for a child or young person under the repealed Act,
section 18 (Who has parental responsibility?) because a court order is in force
in relation to the child or young person in favour of the person, continues to
have parental responsibility for the child or young person for the purposes of
this Act, division 1.3.2 (Parental responsibility) while the court order is in
force.
Note For parental responsibility following emergency action, see
s 922 (Emergency action). For the exercise of parental responsibility on
behalf of the chief executive, see s 897 and s 898.
897 Agreement for exercise of general parental
responsibility—in force before commencement day
(1) This section applies if—
(a) before the commencement day, the chief executive entered into an
agreement with a carer under the repealed Act, section 30 (1) (Power
to enter agreements for general exercise of parental responsibility) to exercise
daily care responsibility or long-term care responsibility for any child or
young person for whom the chief executive has the responsibility; and
(b) immediately before the commencement day, the agreement is in
force.
(2) On and after the commencement day—
(a) if the carer is an individual—the agreement is taken to be an
authorisation by the chief executive to the carer to exercise the responsibility
under this Act, section 518 (Authorisation of foster carer—general
parental authority); and
(b) if the carer is a body other than a foster care service—the
agreement is taken to be an authorisation by the chief executive to the carer to
exercise the responsibility under this Act, section 519 (Authorisation of
residential care service—general parental authority); and
(c) if the carer is a foster care service—the agreement is taken to
be an authorisation by the chief executive of the carer as a foster care service
under this Act, section 516 (Authorisation of foster care service).
898 Authority to exercise parental responsibility for
particular child or young person—in force before commencement
day
(1) This section applies if—
(a) before the commencement day, the chief executive has authorised a
carer, or a member of kin of a child or young person, under the repealed Act,
section 31 (1) (Authorisation to exercise parental responsibility for particular
child or young person) to exercise parental responsibility for a child or young
person on behalf of the chief executive; and
(b) immediately before the commencement day, the authorisation is in
force.
(2) On and after the commencement day, the authorisation is taken to
be—
(a) for an authorisation to a member of kin of a child or young
person—an authorisation to exercise the responsibility for the chief
executive under this Act, section 515 (Authorisation of kinship
carer—specific parental authority); and
(b) for an authorisation to a carer—an authorisation to exercise the
responsibility for the chief executive under this Act, section 517
(Authorisation of foster carer—specific parental authority).
899 Official visitor—continued
appointment
(1) The appointment of a person as an official visitor under the repealed
Act, section 41 (2) (Official visitor) that is in force immediately before
the commencement day is taken to be an appointment under this Act, section 38
and continues in force for 6 months starting on the commencement day unless
earlier ended.
(2) This section expires 6 months after the day it commences.
900 Official visitor—unfinished
complaints
(1) This section applies if—
(a) before the commencement day, a child or young person has made a
complaint to the official visitor under the repealed Act, section 43 (Making and
hearing complaints); and
(b) immediately before the commencement day, the hearing of the complaint
has not been finalised.
(2) The complaint is taken to be a complaint made by the child or young
person under this Act, section 44 (Complaints to official visitors).
901 Suitable entities
An entity that, immediately before the commencement day, is appointed,
engaged, employed or authorised by the chief executive to provide services for a
child or young person in accordance with the repealed Act, section 47 (Suitable
entities) is taken to be approved as a suitable entity by the chief executive
under this Act, section 63 (Chief executive may approve suitable entity for
purpose) for the purpose for which the entity was appointed, engaged, employed
or authorised.
902 Family group conference
agreement—unfinished applications for registration
(1) This section applies if—
(a) before the commencement day, the chief executive has applied to the
Childrens Court for the registration of a family group conference agreement
under the repealed Act, section 175 (Application for registration);
and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application made by the chief
executive under this Act, section 389 (2) (Registered family group
conference agreement—application).
903 Family group conference agreement—in force
before commencement day
(1) This section applies if, immediately before the commencement day, an
agreement about arrangements for securing the care and protection of a child or
young person is in force under the repealed Act, section 172 (Agreements arising
from conferences).
(2) On and after the commencement day, the family group conference
agreement is taken to be, in accordance with its terms, a family group
conference agreement entered into under this Act, chapter 3 (Family group
conferences).
904 Registered family group conference
agreement—in force before commencement day
(1) This section applies if—
(a) before the commencement day, an agreement about arrangements for
securing the care and protection of a child or young person under the repealed
Act, section 172 has been registered by the Childrens Court under the repealed
Act, section 176 (Registration of agreements); and
(b) immediately before the commencement day, the agreement is in force for
the child or young person.
(2) On and after the commencement day, the family group conference
agreement is taken to be, in accordance with its terms, a family group
conference agreement entered into under this Act, chapter 3 and registered in
accordance with this Act, part 12.2 (Registration of family group conference
agreements that transfer or share parental responsibility).
Example
the chief executive must implement the arrangements in the agreement in a
way that complies with the family group conference standards (see s
90)
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).
905 Voluntary care agreement—in force before
commencement day
(1) This section applies if, immediately before the commencement day, a
voluntary care agreement entered into under the repealed Act, section 182
(Voluntary care agreements) is in force for a child or young person.
(2) On and after the commencement day, the voluntary care agreement is
taken to be, in accordance with its terms, a voluntary care agreement entered
into under this Act, part 12.3 (Voluntary agreement to share parental
responsibility with chief executive).
906 Short care and protection order—unfinished
applications
(1) This section applies if—
(a) before the commencement day, the chief executive or another person has
applied to the Childrens Court under the repealed Act, section 195 (Basis for
orders) for a short care and protection order (other than a therapeutic
protection order) in relation to a child or young person; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
Note Short care and protection order means an assessment
order or a contact order, residence order, therapeutic protection order or
specific issues order (see repealed Act, s 194).
(2) The application is taken to be an application for a care and
protection order—
(a) for an application by the chief executive—made by the chief
executive under this Act, section 423 (Care and protection
order—application by chief executive); and
(b) for an application by someone else—made by the person under this
Act, section 424 (Care and protection order—application by
others).
907 Final care and protection order—unfinished
applications
(1) This section applies if—
(a) before the commencement day, the chief executive or another person has
applied to the Childrens Court under the repealed Act, section 195 (Basis for
orders) for a final care and protection order (other than a therapeutic
protection order) in relation to a child or young person; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
Note Final care and protection order means an order under the
repealed Act, div 7.3.7 (other than a protection order or interim order), or a
contact order, residence order or therapeutic protection order made as a final
care and protection order (see repealed Act, s 194).
(2) The application is taken to be an application for a care and
protection order—
(a) for an application by the chief executive—made by the chief
executive under this Act, section 423 (Care and protection
order—application by chief executive); and
(b) for an application by someone else—made by the person under this
Act, section 424 (Care and protection order—application by
others).
908 Therapeutic protection order—unfinished
applications
(1) This section applies if—
(a) before the commencement day, an application has been made to the
Childrens Court under the repealed Act, section 195 (Basis for orders) for a
therapeutic care and protection order in relation to a child or young person;
and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application made by the chief
executive under this Act, section 538 (2) (Therapeutic protection
order—application by chief executive).
(3) However, subsection (2) applies to the application only if the
application under the repealed Act was made by the chief executive.
909 Short care and protection order—in force
before commencement day
(1) This section applies if, immediately before the commencement day, a
short care and protection order under the repealed Act, division 7.3.2
(Short care and protection orders) is in force for a child or young
person.
(2) On and after the commencement day, the order is taken to be, in
accordance with its terms—
(a) for a short care and protection order that is a specific issues order
under the repealed Act, section 194 (Definitions for ch 7)—
(i) if the order relates to a person’s drug use—a care and
protection order with a drug use provision under this Act, section 463 (2) (b)
(Care and protection order—criteria for making); and
(ii) otherwise—a care and protection order with a specific issues
provision under section 463 (2) (h); and
(b) for a short care and protection order that is a contact order under
the repealed Act, section 206 (2) (Contact orders)—a care and protection
order with a contact provision; and
(c) for a short care and protection order that is a residence order under
the repealed Act, section 207 (Residence orders)—a care and protection
order with a residence provision; and
(d) for a short care and protection order that is an assessment order
under the repealed Act, section 217 (2) (Assessment orders)—an assessment
order; and
(e) for a short care and protection order that is a therapeutic protection
order under the repealed Act, section 235 (Therapeutic protection
orders)—a therapeutic protection order.
(3) A short care and protection order that is taken to be an order under
this section ends when it would have ended if the repealed Act had not been
repealed unless it is revoked sooner.
910 Care and protection orders—unfinished
cross-applications
(1) This section applies if—
(a) before the commencement day, a party to a proceeding for a care and
protection order has made a cross-application under the repealed Act, section
201 (Cross-applications for care and protection orders); and
(b) immediately before the commencement day, the Childrens Court has not
decided the cross-application.
(2) The application is taken to be an application by the party under this
Act, section 427 (Care and protection order—cross-application for
different provisions).
911 Interim care and protection orders—in force
before commencement day
(1) This section applies if, immediately before the commencement day, an
interim care and protection order (other than an interim therapeutic protection
order) under the repealed Act, section 203 (Interim care and protection
orders) is in force for a child or young person.
(2) On and after the commencement day, the interim care and protection
order is taken to be, in accordance with its terms, an interim care and
protection order under this Act, section 432 (2) (Interim
matters—interim care and protection orders).
912 Interim therapeutic protection orders—in
force before commencement day
(1) This section applies if, immediately before the commencement day, an
interim care and protection order that is a therapeutic protection order under
the repealed Act, section 203 (Interim care and protection orders) is in
force for a child or young person.
(2) On and after the commencement day, the interim care and protection
order is taken to be, in accordance with its terms, an interim therapeutic
protection order under this Act, section 543 (Interim therapeutic
protection order—criteria for making).
913 Interim protection orders—in force before
commencement day
(1) This section applies if, immediately before the commencement day, an
interim protection order under the repealed Act, section 205 (When
Childrens Court may make interim protection order) is in force for a child or
young person.
(2) On and after the commencement day, the interim protection order is
taken to be, in accordance with its terms, a DVPO interim protection order under
this Act, section 458 (DVPO interim protection orders).
914 Final protection orders—in force before
commencement day
(1) This section applies if, immediately before the commencement day, a
final protection order under the repealed Act, section 205A (When Childrens
Court may make final protection order) is in force for a child or young
person.
(2) On and after the commencement day, the final protection order is taken
to be, in accordance with its terms, a DVPO final protection order under this
Act, section 459 (DVPO final protection orders).
915 Contact orders—in force before commencement
day
(1) This section applies if, immediately before the commencement day, a
contact order under the repealed Act, section 206 (Contact orders) is in
force for a child or young person.
(2) On and after the commencement day, the contact order is taken to be,
in accordance with its terms, a care and protection order with a contact
provision under this Act, section 463 (2) (Care and protection
order—criteria for making).
916 Residence orders—in force before
commencement day
(1) This section applies if, immediately before the commencement day, a
residence order under the repealed Act, section 207 (Residence orders) is
in force for a child or young person.
(2) On and after the commencement day, the residence order is taken to be,
in accordance with its terms, a care and protection order with a residence
provision under this Act, section 463 (2) (Care and protection
order—criteria for making).
917 Short care and protection order—unfinished
applications for extension or variation
(1) This section applies if—
(a) before the commencement day, the chief executive or another person has
applied to the Childrens Court under the repealed Act, section 214 (Extension,
variation or revocation of orders) for an extension or variation of a short care
and protection order (other than a therapeutic protection order) in relation to
a child or young person; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
Note Short care and protection order means an assessment
order or a contact order, residence order, therapeutic protection order or
specific issues order (see repealed Act, s 194).
(2) The application is taken to be an application for an extension or
amendment of a care and protection order made under this Act, section 465 (Care
and protection order—extension and amendment applications).
918 Short care and protection order—unfinished
applications for revocation
(1) This section applies if—
(a) before the commencement day, the chief executive or another person has
applied to the Childrens Court under the repealed Act, section 214 (Extension,
variation or revocation of orders) for the revocation of a short care and
protection order (other than a therapeutic protection order) in relation to a
child or young person; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
Note Short care and protection order means an assessment
order or a contact order, residence order, therapeutic protection order or
specific issues order (see repealed Act, s 194).
(2) The application is taken to be an application for the revocation of a
care and protection order made under this Act, section 466 (Care and protection
order—revocation applications).
919 Assessment
orders—appraisals—unfinished applications
(1) This section applies if—
(a) before the commencement day, the chief executive has applied to the
Childrens Court under the repealed Act, section 215 (1) (Applications for
assessment orders) for an assessment order in relation to a child or young
person; and
(b) the assessment sought in the application was a child protection
appraisal; and
(c) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application for an appraisal order
made by the chief executive under this Act, section 375 (Appraisal
orders—application by chief executive).
920 Assessment orders—special
assessments—unfinished applications
(1) This section applies if—
(a) before the commencement day, an application has been made to the
Childrens Court for an assessment order in relation to a child or young person
under the repealed Act, section 215 (Applications for assessment orders);
and
(b) the assessment sought in the application was a special assessment;
and
(c) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application for an assessment order
under this Act, section 442 (Assessment orders—application by
party).
(3) However, subsection (2) applies to the application only if the
application under the repealed Act was made by the chief executive or another
person who is a party to a proceeding for a care and protection order for the
child or young person.
921 Assessment orders—in force before
commencement day
(1) This section applies if immediately before the commencement day, an
assessment order under the repealed Act, section 190 (Special assessment) or
section 217 (Assessment orders) is in force for a person.
(2) On and after the commencement day, the assessment order is taken to
be, in accordance with its terms—
(a) for an assessment order authorising the making of a child protection
appraisal—an appraisal order under this Act, section 381 (Appraisal
orders—criteria for making); and
(b) for an assessment order authorising a special assessment—an
assessment order under this Act, section 447 (Assessment
orders—criteria for making).
922 Emergency action
(1) This section applies if—
(a) before the commencement day, the chief executive or a police officer
has taken action in relation to a child or young person under the repealed Act,
section 222 (Taking emergency action); and
(b) immediately before the commencement day, the chief executive or police
officer has parental responsibility for the child or young person because of the
action.
(2) On and after the commencement day, this Act, chapter 13 applies to the
child or young person as if the action were emergency action taken in relation
to the child or young person under this Act, part 13.1 (Emergency
action).
Examples
1 a police officer who took action under the repealed Act continues to have
parental responsibility until the police officer tells the chief executive about
the emergency action under s 407
2 the chief executive makes arrangements for the child’s or young
person’s care and protection under s 410
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).
923 Release after emergency action—unfinished
applications
(1) This section applies if—
(a) before the commencement day, a person has applied to the Childrens
Court under the repealed Act, section 231 (Application for release of child
or young person) for an order for the release of a child or young person into
the care of the applicant or another named person; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is to be heard and decided under the repealed Act as
if it had not been repealed.
(3) This section expires 30 days after the day it commences.
924 Variation or revocation of therapeutic protection
order—unfinished applications
(1) This section applies if—
(a) before the commencement day, a person has applied to the Childrens
Court under the repealed Act, section 239 (Application for variation or
revocation of therapeutic protection order) for variation or revocation of a
therapeutic protection order in relation to a child or young person;
and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application made by the person under
this Act, section 563 (Therapeutic protection order—application for
amendment or revocation).
925 Interim orders before application
adjourned—in force before commencement day
(1) This section applies if, immediately before the commencement day, an
interim order under the repealed Act, section 251 (Before application
adjourned) is in force for a child or young person.
(2) On and after the commencement day, the interim order is taken to be,
in accordance with its terms—
(a) for an order giving interim parental responsibility for the child or
young person to the chief executive or someone else—an interim care and
protection order with a parental responsibility provision under this Act,
section 432 (2) (Interim matters—interim care and protection orders);
and
(b) for a contact order—an interim care and protection order with a
contact provision under this Act, section 432 (2); and
(c) for a specific issues order—
(i) if the order relates to a person’s drug use—an interim
care and protection order with a drug use provision under this Act, section 432
(2) (b) (Interim matters—interim care and protection orders);
and
(ii) otherwise—an interim care and protection order with a specific
issues provision under section 432 (2) (g); and
(d) for an assessment order—an assessment order under this Act,
section 441 (Assessment orders—on application or court’s own
initiative).
926 Specific issues orders—in force before
commencement day
(1) This section applies if, immediately before the commencement day, a
specific issues order under the repealed Act, section 246 (3)
(Specific issues order) is in force for a child or young person.
(2) On and after the commencement day, the specific issues order is taken
to be, in accordance with its terms—
(a) for an order mentioned in the repealed Act,
section 246 (3) (a)—a care and protection order with a
parental responsibility provision under this Act, section 463 (2) (f) or (g)
(Care and protection order—criteria for making); and
Note Under s 246 (3) (a) a specific
issues order may include an order relating to the day-to-day or long-term care,
welfare or development of the child or young person.
(b) for an order mentioned in the repealed Act,
section 246 (3) (b)—a care and protection order with a
specific issues provision under this Act, section 463 (2) (h); and
Note Under s 246 (3) (b) a specific
issues order may include an order requiring an entity to give the chief
executive information about the care, protection, welfare or development of the
child or young person.
(c) for an order mentioned in the repealed Act,
section 246 (3) (c)—a care and protection order with a
residence provision under this Act, section 463 (2) (e); and
Note Under s 246 (3) (c) a specific
issues order may include an order directing not to live at the same premises as
the child or young person.
(d) for an order mentioned in the repealed Act,
section 246 (3) (d)—a care and protection order with a
contact provision under this Act, section 463 (2) (a); and
Note Under s 246 (3) (d) a specific
issues order may include an order directing that someone have no contact with
the child or young person.
(e) for an order mentioned in the repealed Act,
section 246 (3) (e)—a care and protection order with a
mental health tribunal provision under this Act, section 463 (2) (d);
and
Note Under s 246 (3) (e) a specific
issues order may include an order that the child or young person submit to the
jurisdiction of the mental health tribunal for a decision whether the child or
young person has a mental impairment.
(f) for an order mentioned in the repealed Act,
section 246 (3) (f)—a care and protection order with a
supervision provision under this Act, section 463 (2) (i); and
Note Under s 246 (3) (f) a specific
issues order may include an order about supervision of the child or young
person.
(g) for an order mentioned in the repealed Act,
section 246 (3) (g) or (h)—
(i) if the order relates to a person’s drug use—a care and
protection order with a drug use provision under this Act, section 463 (2) (b)
(Care and protection order—criteria for making); and
(ii) otherwise—a care and protection order with a specific issues
provision under section 463 (2) (h).
Note 1 Under s 246 (3) (g) a specific
issues order may include an order requiring someone to do, or refraining from
doing, a stated thing or observe a stated condition.
Note 2 Under s 246 (3) (h) a specific
issues order may include any other order the Childrens Court considers
appropriate.
(3) For subsection (2) (a), despite anything else in this
Act—
(a) if the specific issues order does not state a period of effect or is
expressed to remain in force until the child or young person is 18 years old,
the order is taken to be a care and protection order with a long-term parental
responsibility provision, in the same terms as the original order, under this
Act, section 463 (2) (g); and
(b) in any other case, the order is taken to be a care and protection
order with a short-term parental responsibility provision, in the same terms as
the original order, under this Act, section 463 (2) (f).
Example
A specific issues order that is expressed to be effective for 3 years is
taken to be a care and protection order with a short-term parental
responsibility provision but will remain in force for the 3 years unless sooner
varied.
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).
927 Variation or revocation of interim care and
protection orders—unfinished applications
(1) This section applies if—
(a) before the commencement day, a party to a proceeding has applied to
the Childrens Court under the repealed Act, section 253 (Variation of
interim orders) for variation of an interim order in relation to a child or
young person; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application by the party for
revocation or amendment of the interim order under this Act, section 434
(Interim care and protection orders—revocation or amendment).
928 Final care and protection orders—in force
before commencement day
(1) This section applies if, immediately before the commencement day, a
final care and protection order (other than a therapeutic protection order)
under the repealed Act, section 255 is in force for a child or young
person.
(2) On and after the commencement day, the final care and protection order
is taken to be, in accordance with its terms—
(a) for an order mentioned in the repealed Act,
section 255 (4) (a) (Final care and protection orders)—a
care and protection order with a supervision provision under this Act,
section 463 (2) (i) (Care and protection order—criteria for
making); and
Note Under s 255 (4) (a) a final care
and protection order may include an order that the chief executive supervise the
care and protection of the child or young person.
(b) for an order mentioned in the repealed Act,
section 255 (4) (b)—a care and protection order with a
parental responsibility provision under this Act, section 463 (2) (f) or (g);
and
Note Under s 255 (4) (b) a final care
and protection order may include an order giving parental responsibility for the
child or young person to the chief executive or someone else.
(c) for an order mentioned in the repealed Act,
section 255 (4) (c)—a care and protection order with an
enduring parental responsibility provision under this Act, section 463 (2) (c);
and
Note Under s 255 (4) (c) a final care
and protection order may include an enduring parental responsibility order that
has effect until the child or young person turns 18.
(d) for an order mentioned in the repealed Act,
section 255 (4) (d)—a care and protection order with a
mental health tribunal provision under this Act, section 463 (2) (d);
and
Note Under s 255 (4) (d) a final care
and protection order may include an order that the child or young person submit
to the jurisdiction of the mental health tribunal for a decision whether the
child or young person has a mental impairment.
(e) for an order mentioned in the repealed Act,
section 255 (4) (e)—
(i) if the order relates to a person’s drug use—a care and
protection order with a drug use provision under this Act, section 463 (2) (b)
(Care and protection order—criteria for making); and
(ii) otherwise—a care and protection order with a specific issues
provision under section 463 (2) (h).
Note Under s 255 (4) (e) a final care
and protection order may include any other order the Childrens Court considers
appropriate.
(3) For subsection (2) (b), despite anything else in this
Act—
(a) if the final care and protection order does not state a period of
effect or is expressed to remain in force until the child or young person is 18
years old, the order is taken to be a care and protection order with a long-term
parental responsibility provision, in the same terms as the original order,
under this Act, section 463 (2) (g); and
(b) in any other case, the order is taken to be a care and protection
order with a short-term parental responsibility provision, in the same terms as
the original order, under this Act, section 463 (2) (f).
Example
A final care and protection order that is expressed to be effective for 3
years is taken to be a care and protection order with a short-term parental
responsibility provision but will remain in force for the 3 years unless sooner
varied.
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).
929 Final care and protection orders (therapeutic
protection)—in force before commencement day
(1) This section applies if, immediately before the commencement day, a
therapeutic protection order made as a final care and protection order under the
repealed Act, section 255 is in force for a child or young
person.
(2) On and after the commencement day, the final care and protection order
is taken to be, in accordance with its terms, a therapeutic protection order
under this Act, section 548 (Therapeutic protection order—criteria for
making).
930 Variation or revocation of final care and
protection orders—unfinished applications
(1) This section applies if—
(a) before the commencement day, a person has applied to the Childrens
Court under the repealed Act, section 264 (Application for variation and
revocation of orders) for variation or revocation of a final care and protection
order (other than a therapeutic protection order) in relation to a child or
young person; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be—
(a) for an application for variation—an application for extension or
amendment of the care and protection order, or a provision in the care and
protection order under this Act, section 465 (Care and protection
order—extension and amendment applications); and
(b) for an application for revocation—an application for revocation
of the care and protection order, or a provision in the care and protection
order under this Act, section 466 (Care and protection
order—revocation applications).
931 Safe custody warrant—unfinished
applications
(1) This section applies if:
(a) before the commencement day, an application has been made for a
warrant under the repealed Act, section 270 (2) (Circumstances in which
child or young person may be taken into safe custody); and
(b) immediately before the commencement day, a magistrate has not issued
the warrant or refused to issue the warrant.
(2) The application is taken to be an application for the issue of a
warrant under this Act, section 684 (Safe custody
warrant—application).
932 Safe custody warrant—in force before
commencement day
A warrant issued by a magistrate under the repealed Act, section 270
(1) (Circumstances in which child or young person may be taken into safe
custody), and that has not lapsed or been executed before the commencement day,
is taken to be a warrant issued by a magistrate under this Act, section 685
(Safe custody warrant—criteria).
933 Administrative transfer of orders—in force
before commencement day
(1) This section applies if—
(a) before the commencement day, the chief executive has transferred a
child care and protection order to a participating State under the repealed Act,
section 300 (When chief executive may transfer order); and
(b) immediately before the commencement day, the order is in force.
(2) On and after the commencement day, the order is taken to be, in
accordance with its terms, a child welfare order transferred to the
participating State under this Act, section 642 (Chief executive may transfer
child welfare order).
934 Transfer of orders—unfinished
applications
(1) This section applies if—
(a) before the commencement day, the chief executive has applied to the
Childrens Court under the repealed Act, section 304 (a) (When
Childrens Court may make order under div 8.2.2) for transfer of a child care and
protection order to a participating State; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application for transfer of the
order under this Act, section 647 (Childrens Court
transfer—application).
935 Childrens Court transfer of orders—in force
before commencement day
(1) This section applies if—
(a) before the commencement day, the Childrens Court has transferred a
child care and protection order to a participating State under the repealed Act,
section 304 (When Childrens Court may make order under div 8.2.2); and
(b) immediately before the commencement day, the order is in force.
(2) On and after the commencement day, the order is taken to be, in
accordance with its terms, a child welfare order transferred to the
participating State under this Act, section 648 (Childrens Court
transfer—criteria).
936 Order transferring proceeding—unfinished
applications
(1) This section applies if—
(a) before the commencement day, the chief executive has applied to the
Childrens Court under the repealed Act, section 310 (1) (a) (When
Childrens Court may make order under pt 8.3) for transfer of a child care and
protection proceeding to a court of a participating State; and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application for transfer of the
proceeding under this Act, section 657 (Transfer of ACT
proceedings—applications).
937 Interim orders about transferred
proceedings—in force before commencement day
(1) This section applies if—
(a) before the commencement day, the Childrens Court has transferred a
child care and protection proceeding to a participating State under the repealed
Act, part 8.3 (Transfer of child care and protection proceedings); and
(b) the court has made an interim order under the repealed Act, section
313 (Interim order); and
(c) immediately before the commencement day, the interim order is in
force.
(2) On and after the commencement day, the interim order is taken to be,
in accordance with its terms, an interim order under this Act, section 660
(Transfer of ACT proceedings—interim orders).
938 Revocation of registration—unfinished
applications
(1) This section applies if—
(a) before the commencement day, a person has applied to the Childrens
Court under the repealed Act, section 318 (Revocation of registration) for
revocation of the registration of a child care and protection order filed under
the repealed Act, section 315 (Filing and registration of interstate documents);
and
(b) immediately before the commencement day, the Childrens Court has not
decided the application.
(2) The application is taken to be an application for revocation of an
order under this Act, section 668 (ACT registration of interstate
orders—application for revocation).
939 Sensitive information and protected
information
(1) Information that is, immediately before the commencement day,
sensitive information for the repealed Act, chapter 15 (Confidentiality and
immunity) is sensitive information for this Act.
(2) Information that is, immediately before the commencement day,
protected information for the repealed Act, chapter 15 (Confidentiality and
immunity) is protected information for this Act.
(3) To remove any doubt, chapter 25 (Information secrecy and sharing)
applies to the information mentioned in subsections (1) and (2).
940 AAT review of decisions
(1) On application for review of a decision of the chief executive under
the repealed Act, section 384 (Review of decisions), the Administrative Appeals
Tribunal must—
(a) if it proposes to vary the decision under review—vary it in a
way that as far as possible is consistent with a power exercisable under this
Act; and
(b) if it proposes to make a decision in substitution for the decision
under review—make a decision that could be made by the chief executive
under this Act.
(2) The Administrative Appeals Tribunal may make any decision it considers
appropriate to facilitate the application of subsection (1).
Part 27.3 Care and protection
matters—interim transitionals
941 Information secrecy and
sharing
(1) This Act, chapter 25 (Information secrecy and sharing) applies in
relation to the giving or seeking of information under the Children and Young
People Act 1999 by a person mentioned in that Act, section 405 (a) (Who is
an information holder?) in the interim transitional period.
(2) In this section:
interim transitional period means the period—
(a) starting when the care and protection chapters commence; and
(b) ending when chapter 20 commences.
942 People with parental
responsibility
(1) In the interim transitional period, a reference in the Children and
Young People Act 1999 to a person who has parental responsibility for a
child or young person includes a reference to a person who has parental
responsibility for a child or young person under this Act, division
1.3.2.
(2) In this section:
interim transitional period means the period—
(a) starting when the care and protection chapters commence; and
(b) ending when chapter 20 commences.
Part 27.4 Criminal
matters—transfers
943 Definitions—pt 27.4
In this part:
commencement day means the day the criminal matters chapters
commence.
repealed Act means the Children and Young People Act
1999, as in force immediately before the commencement day.
944 Interstate transfers—agreements and
arrangements with other jurisdictions
(1) This section applies to an agreement in force immediately before the
commencement day under the repealed Act, section 133 (General agreements with
other jurisdictions).
(2) The agreement is taken, on and after the commencement day, to be an
agreement under this Act, section 114 (General agreements with other
jurisdictions).
(3) Any arrangements in force under the repealed Act, division 6.3.1
(Interstate transfer generally) in relation to the agreement are taken to be
arrangements in force under this Act, division 5.2.1 (Interstate transfer
generally) in relation to the agreement.
945 Interstate transfers—application for
transfer of young offender
(1) This section applies if, before the commencement day—
(a) an application for the transfer of a young offender has been made to
the chief executive under the repealed Act, section 135 (1) (Power to
arrange for transfers); and
(b) the application has not been finally decided.
(2) The application is taken to have been made under this Act,
section 116 (1) (a) (Power to arrange for transfers).
946 Interstate transfers—order for transfer of
young offender
An order made by the chief executive under the repealed Act, section 139
(Transfer order), and in force immediately before the commencement day, is taken
to be a transfer order made by the chief executive under this Act, section 119
(Custody of person on transfer order).
947 Interstate transfers—escape during transit
through ACT
(1) A warrant issued by a magistrate under the repealed Act,
section 146 (3) (Escape from temporary control), and that has not
lapsed or been executed before the commencement day, is taken to be a warrant
issued by a magistrate under this Act, section 129 (Escapees to be brought
before magistrate).
(2) An order made by the Magistrates Court or Childrens Court under the
repealed Act, section 146 (6) (Escape from temporary control), and in force
immediately before the commencement day, is taken to be an order made by the
Magistrates Court or Childrens Court under this Act, section 130 (2) (Court
may order transfer of apprehended escapees).
948 Interstate transfers—search warrant for
escapee
A search warrant issued by a magistrate under the repealed Act, section 147
(Search warrants), and that has not lapsed or been executed before the
commencement day, is taken to be a warrant issued by a magistrate under this
Act, section 131 (Search warrants for escapees).
949 Interstate transfers—revocation of transfer
order
(1) This section applies if, before the commencement day—
(a) an application for revocation of a transfer order in relation to a
young offender has been made to the Childrens Court under the repealed Act,
section 148 (1) (Revocation of transfer order on escape from temporary
control); and
(b) the application has not been finally decided.
(2) The application is taken to have been made under this Act,
section 132 (1) (Revocation of transfer order—offence during
transfer).
950 Interstate transfers—arrangements after
revocation of transfer order
An arrangement made by the chief executive under the repealed Act, section
149 (Revocation of transfer order by chief executive), and in force on the
commencement day, is taken to be an arrangement made under this Act, section
133 (2) (Revocation of transfer order by chief executive).
951 Special purpose leave
Leave of absence granted to a young person under the repealed Act, section
128 (Special purpose leave), and in force on the commencement day, is taken to
be a local leave permit given under this Act, section 240 (2) (Local
leave permits).
Part 27.5 Criminal matters—interim
transitionals
952 Official visitor
(1) In the interim transitional period—
(a) a reference in the criminal matters chapters to an official visitor is
a reference to the official visitor under the Children and Young People
Act 1999; and
(b) that Act, sections 41 to 44 applies for the purposes of the criminal
matters chapters as if a reference in that Act, section 42 (1) (a) and
(c) to an institution were a reference to a detention place.
(2) In this section:
interim transitional period means the period—
(a) starting when the criminal matters chapters commence; and
(b) ending when the care and protection chapters commence.
953 Person remanded in a shelter or committed to an
institution
(1) This section applies if a person is remanded in a shelter, or
committed to an institution, under the Children and Young People
Act 1999 in the interim transitional period.
(2) The person is taken, for the purposes of the criminal matters
chapters, to be remanded in, or committed to, a detention place.
(3) In this section:
interim transitional period means the period—
(a) starting when the criminal matters chapters commence; and
(b) ending when chapter 20 commences.
954 Application of youth justice principles
etc
(1) The following provisions of this Act apply for the purposes of
decisions made under the Children and Young People Act 1999,
part 6.2 (Dealing with young offenders in the ACT) in the interim
transitional period:
(a) section 8 (Best interests of children and young people paramount
consideration);
(b) section 9 (Principles applying to Act);
(c) section 94 (Youth justice principles).
(2) In this section:
interim transitional period means the period—
(a) starting when the criminal matters chapters commence; and
(b) ending when chapter 20 commences.
955 Application of certain provisions relating to
administration
(1) The following provisions of the Children and Young People
Act 1999 apply for the purposes of this Act in the interim transitional
period:
(a) section 28 (Who can the chief executive get help from?);
(b) section 29 (Power to give and receive information).
(2) In this section:
interim transitional period means the period—
(a) starting when the criminal matters chapters commence; and
(b) ending when the care and protection chapters commence.
956 Meaning of daily care responsibility and
long-term care responsibility
(1) In the interim transitional period, a reference in this Act to daily
care responsibility or long-term care responsibility is a reference to parental
responsibility within the meaning of the Children and Young People
Act 1999.
(2) In this section:
interim transitional period means the period—
(a) starting when the criminal matters chapters commence; and
(b) ending when the care and protection chapters commence.
Part 27.6 Childcare
services
957 Definitions—pt 27.6
In this part:
commencement day means the day the Children and Young
People Act 2008, chapter 20 (Childcare services) commences.
repealed Act means the Children and Young People Act
1999, as in force immediately before the commencement day.
958 In-principle approval—unfinished
applications
(1) This section applies if—
(a) before the commencement day, a person has applied to the chief
executive under the repealed Act, section 336 (Application) for approval in
principle to operate a childrens service; and
(b) immediately before the commencement day, the chief executive has not
decided the application.
(2) The application is taken to be an application for a childcare service
licence under this Act, section 742 (Childcare service
licence—proposed proprietor may apply).
959 In-principle approval—in force before
commencement day
(1) This section applies if, immediately before the commencement day, an
approval in principle for a childrens service under the repealed Act,
section 338 (Grant or refusal of approval in principle) is in
force.
(2) On and after the commencement day—
(a) the approval in principle is taken to be a childcare service licence
under this Act, section 746 (Childcare service licence—decision on
application); and
(b) the approval is not subject to any condition to which it was subject
under the repealed Act.
Note The licence will be subject to the childcare service standards
under s 886 (see s 771 (Offence—operate childcare service in
contravention of standards)).
(3) An approval in principle that is taken to be a childcare service
licence under this section ends when it would have ended if the repealed Act had
not been repealed unless it is cancelled sooner.
960 Licence—unfinished
applications
(1) This section applies if—
(a) before the commencement day, a person has applied to the chief
executive under the repealed Act, section 343 (Application) for a licence
to operate a childrens service; and
(b) immediately before the commencement day, the chief executive has not
decided the application.
(2) The application is taken to be an application for a childcare service
licence under this Act, section 742 (Childcare service
licence—proposed proprietor may apply).
961 Licence to operate childrens service—in
force before commencement day
(1) This section applies if, immediately before the commencement day, a
licence to operate a childrens service under the repealed Act, section 345
(Grant or refusal of licence) is in force.
(2) On and after the commencement day—
(a) the licence is taken to be a childcare service licence under this Act,
section 746 (Childcare service licence—decision on application);
and
(b) the licence is not subject to any condition to which it was subject
under the repealed Act.
Note The licence will be subject to the childcare service standards
under s 886 (see s 771 (Offence—operate childcare service in
contravention of standards)).
962 Licence renewal—unfinished
applications
(1) This section applies if—
(a) before the commencement day, a person has applied to the chief
executive under the repealed Act, section 346 (Application for renewal) for
renewal of a licence to operate a childrens service; and
(b) immediately before the commencement day, the chief executive has not
decided the application.
(2) The application is taken to be an application for renewal of a
childcare service licence under this Act, section 753 (Childcare service
licence renewal—licensed proprietor may apply).
963 Search warrant—unfinished
applications
(1) This section applies if—
(a) before the commencement day, an application has been made for a
warrant to enter premises under the repealed Act, section 357 (1)
(Entry to premises of unlicensed service—search warrant); and
(b) immediately before the commencement day, a magistrate has not issued
the warrant or refused to issue the warrant.
(2) The application is taken to be an application for the issue of a
warrant under this Act, section 823 (1) (Warrants generally).
964 Search warrant—in force before commencement
day
A warrant to enter premises issued by a magistrate under the repealed Act,
section 357 (2) (Entry to premises of unlicensed service—search
warrant), and that has not lapsed or been executed before the commencement day,
is taken to be a warrant to enter the premises issued by a magistrate under this
Act, section 823 (4) (Warrants generally).
965 Notice to enforce requirements—in force
before commencement day
(1) This section applies if, immediately before the commencement day, a
notice in relation to a childrens service is in force under the repealed Act,
section 358 (1) (Notice to enforce requirements) and has not been complied
with.
(2) On and after the commencement day, the notice is taken to be a
compliance notice under this Act, section 759 (Childcare service
licence—compliance notices).
966 Suspension for non-compliance—order in
force before commencement day
(1) This section applies if immediately before the commencement day,
either of the following is in force in relation to a childrens
service:
(a) for a childrens service provided under an approval in principle or a
licence—a notice suspending the approval or licence under the repealed
Act, section 358 (2) (a) (Notice to enforce requirements);
(b) a direction to the proprietor of the childrens service to stop
operating the childrens service and suspend the care of children by the service
under the repealed Act, section 358 (2) (b).
(2) On and after the commencement day, the order is taken to be a
compliance suspension notice to the licensed proprietor of the service under
this Act, section 760 (Childcare service licence—suspension for
noncompliance).
967 Suspension of operation for safety—order in
force before commencement day
(1) This section applies if, immediately before the commencement day, an
order that a childrens service stop operating is in force under the repealed
Act, section 359 (Power to suspend operation if service unsafe).
(2) On and after the commencement day, the order is taken to be a safety
suspension notice to the licensed proprietor of the service under this Act,
section 762 (Childcare service licence—suspension if children
unsafe).
Part 27.7 Employment of children and young
people
968 Definitions—pt 27.7
In this part:
commencement day means the day the Children and Young
People Act 2008, chapter 21 (Employment of children and young people)
commences.
repealed Act means the Children and Young People Act
1999, as in force immediately before the commencement day.
969 Work experience—continued
exemption
(1) This section applies if, immediately before the commencement day, a
child or young person is taken not to be employed by a person because of the
operation of the repealed Act, section 368A (Work experience not
employment).
Note Under s 368A, a child or young person is taken not to be
employed by a person if—
(a) the engagement of the child or young person by the person is arranged
by an educational institution where the child or young person is enrolled;
and
(b) the engagement is part of a work experience program (however
described) conducted by the educational institution.
(2) For a period of 6 months beginning on the commencement day, the
educational institution where the child or young person is enrolled is taken to
have been granted an exemption under this Act, section 783 (Work experience
program—decision on application) in relation to the work experience
program conducted by the educational institution.
(3) This section expires 6 months after the day it commences.
970 Light work—continued application of
exception
(1) This section applies if—
(a) immediately before the commencement day a young child is employed for
a purpose mentioned in the repealed Act, section 371 (1) (Light work
excepted) for longer than 10 hours in 1 week; and
(b) the employer has given the chief executive a notice in accordance with
the repealed Act, section 371 (2) in relation to the employment.
(2) The employer is taken to have told the chief executive in writing
about the employment for this Act, section 795 (2) (Exception to
s 794—employment in light work).
971 Notice regulating employment—in force
before commencement day
A notice given to an employer by the chief executive under the repealed
Act, section 375 (Regulation of employment of children and young people), and in
force immediately before the commencement day, is taken to be, in accordance
with its terms—
(a) for a notice under section 375 (1) (a)—an employment prohibition
notice under this Act, section 787; and
(b) for a notice under section 375 (1) (b)—an employment conditions
notice under this Act, section 789.
Part 27.8 Enforcement
972 Definitions—pt 27.8
In this part:
commencement day means the day chapter 20
commences.
repealed Act means the Children and Young People Act
1999, as in force immediately before the commencement day.
973 Search warrant—unfinished
applications
(1) This section applies if—
(a) before the commencement day, an application has been made for a
warrant to enter premises under the repealed Act, section 396 (Search
warrants); and
(b) immediately before the commencement day, a magistrate has not issued
the warrant or refused to issue the warrant.
(2) The application is taken to be an application for the issue of a
warrant under this Act, section 823 (1) (Warrants generally).
974 Search warrant—in force before commencement
day
A search warrant issued by a magistrate under the repealed Act,
section 396 (Search warrants), and that has not lapsed or been executed
before the commencement day, is taken to be a warrant to enter the premises
issued by a magistrate under this Act, section 823 (4).
Part
1.2 Court Procedures Act
2004
insert
Part 13 Transitional—Children and
Young People Act 2008
510 Meaning of commencement day—pt
13
In this part:
commencement day means the day the Children and Young
People Act 2008, schedule 1, part 1.2 commences.
511 Notices to attend court
proceeding
(1) A notice served on a parent under the Children and Young People Act
1999, section 60 (Attendance of parents at court), and that has not lapsed
or been complied with before the commencement day, is taken to be a notice given
to the parent under this Act, section 71 (When parents must attend court
proceedings).
(2) A warrant issued by the Childrens Court under the Children and
Young People Act 1999, section 60, and that has not lapsed or been executed
before the commencement day, is taken to be a warrant issued by the court under
this Act, section 71 (When parents must attend court proceedings).
512 Existing proceedings
(1) The amendments of this Act made by the Children and Young People
Act 2008, schedule 1, part 1.2 apply to an existing proceeding.
(2) If a difficulty arises in the application of subsection (1) to a
particular proceeding, the court may make any order it considers appropriate to
resolve the difficulty.
(3) In this section:
existing proceeding means a proceeding started in a court,
but not completed, before the commencement of the Children and Young People
Act 2008, schedule 1, part 1.2.
513 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Children and
Young People Act 2008, schedule 1, part 1.2 or the Children and Young
People (Consequential Amendments) Act 2008.
(2) A regulation may modify this part (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
514 Expiry—pt 13
(1) This part expires 2 years after the day it commences.
(2) This part, other than section 513, is a law to which the Legislation
Act, section 88 (Repeal does not end effect of transitional laws etc)
applies.
Part
1.3 Crimes (Sentence Administration)
Act 2005
insert
Chapter 18 Transitional—Children and
Young People Act 2008
700 Meaning of commencement day—ch
18
In this chapter:
commencement day means the day the Children and Young
People Act 2008, schedule 1, part 1.4 commences.
701 Application of
amendments—general
(1) The amendments of this Act made by the Children and Young People
Act 2008, schedule 1, part 1.4 apply in relation to a sentenced young
offender and his or her sentence, whether the young offender was sentenced
before or after the amendments commenced.
(2) The amendments of this Act made by the Children and Young People
Act 2008, schedule 1, part 1.4 apply in relation to a young offender
remanded in custody, whether the young offender was remanded before or after the
amendments commenced.
702 Conditional discharge orders
(1) This section applies if—
(a) a conditional discharge order is made under the Children and Young
People Act 1999, part 6.2 in relation to a young person; and
(b) immediately before the commencement day, the order is in
force.
(2) The order is taken to be, in accordance with its terms, a good
behaviour order made under the Crimes (Sentencing) Act 2005.
703 Fines
(1) This section applies if—
(a) an order imposing a fine is made under the Children and Young
People Act 1999, part 6.2 in relation to a young person; and
(b) immediately before the commencement day, the fine has not been paid in
full.
(2) The order is taken to be, in accordance with its terms, a fine order
made under the Crimes (Sentencing) Act 2005.
704 Reparation or compensation
orders
(1) This section applies if—
(a) an order is made under the Children and Young People
Act 1999, part 6.2 requiring a young person to make reparation or pay
compensation; and
(b) immediately before the commencement day, the reparation has not been
made, or the compensation has not been paid, in full.
(2) The order is taken to be, in accordance with its terms, a reparation
order made under the Crimes (Sentencing) Act 2005.
705 Probation orders
(1) This section applies if—
(a) a probation order is made under the Children and Young People
Act 1999, part 6.2 in relation to a young person; and
(b) immediately before the commencement day, the order is in
force.
(2) The order is taken to be, in accordance with its terms, a good
behaviour order with supervision conditions made under the Crimes
(Sentencing) Act 2005.
706 Community service orders
(1) This section applies if—
(a) a community service order is made under the Children and Young
People Act 1999, part 6.2 in relation to a young person; and
(b) immediately before the commencement day, the order is in
force.
(2) The order is taken to be, in accordance with its terms, a good
behaviour order with community service conditions made under the Crimes
(Sentencing) Act 2005.
707 Attendance centre orders
(1) This section applies if—
(a) an attendance centre order is made under the Children and Young
People Act 1999, part 6.2 in relation to a young person; and
(b) immediately before the commencement day, the order is in
force.
(2) The order is taken to be, in accordance with its terms, a good
behaviour order with supervision conditions made under the Crimes
(Sentencing) Act 2005.
708 Residential orders
(1) This section applies if—
(a) a residential order is made under the Children and Young People
Act 1999, part 6.2 in relation to a young person; and
(b) immediately before the commencement day, the order is in
force.
(2) The order is taken to be, in accordance with its terms, an
accommodation order made under the Crimes (Sentencing)
Act 2005.
709 Applications for revocation
etc
(1) This section applies if—
(a) before the commencement day, an application has been made under the
Children and Young People Act 1999, section 100 (Variation or
revocation of conditional discharge order) or section 117 (1) (Revocation
and variation of certain orders) in relation to an order mentioned in that Act,
section 117 (1) (a) to (e); and
(b) immediately before the commencement day, the application has not been
finally decided.
(2) The application is taken to be an application under this Act,
section 112 (Court powers—amendment or discharge of good behaviour
order).
710 Committal orders
(1) This section applies if—
(a) an order is made under the Children and Young People
Act 1999, part 6.2 committing a young person to an institution;
and
(b) immediately before the commencement day, the term of the committal had
not ended.
(2) The order is taken to be, in accordance with its terms, an order for
imprisonment made under the Crimes (Sentencing) Act 2005.
(3) However, the Children and Young People Act 1999, section
127 (Remission of time to be spent in institution) continues to apply in
relation to the committal of the young person.
(4) In making a decision under that section in relation to the young
person, the chief executive must also have regard to the youth justice
principles.
(5) The chief executive must give the young person prompt written notice
of a decision under that section, including that a person aggrieved by the
decision may apply for a review of the decision under the Administrative
Decisions (Judicial Review) Act 1989.
(6) In this section:
youth justice principles—see the Children and Young
People Act 2008, section 94.
711 Orders referring to mental health tribunal
following conviction
(1) This section applies if—
(a) an order is made in accordance with the Children and Young People
Act 1999, section 118 (Referral to mental health tribunal following
conviction) in relation to a young person; and
(b) immediately before the commencement day, the order is in
force.
(2) The order is taken to be, in accordance with its terms, an order made
under the Crimes Act 1900, section 331 (Referral to tribunal).
712 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Children and
Young People Act 2008, schedule 1, part 1.4 or the Children and Young
People (Consequential Amendments) Act 2008.
(2) A regulation may modify this chapter (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this chapter.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
713 Expiry—ch 18
(1) This chapter expires 5 years after the day it commences.
(2) This chapter, other than section 712, is a law to which the
Legislation Act, section 88 (Repeal does not end effect of transitional laws
etc) applies.
Part
1.4 Crimes (Sentencing) Act
2005
insert
Chapter 11 Transitional—Children and
Young People Act 2008
200 Meaning of commencement day—ch
11
In this chapter:
commencement day means the day the Children and Young
People Act 2008, schedule 1, part 1.5 commences.
201 Application of amendments
(1) The amendments of this Act made by the Children and Young People
Act 2008, schedule 1, part 1.5 apply in relation to—
(a) the sentencing of a young offender after the commencement day;
and
(b) any action taken, or to be taken, under this Act after the
commencement day in relation to a sentence imposed on a young offender before
the commencement day;
(2) Subsection (1) applies whether the offence for which the sentence is
or was imposed was committed before or after the commencement day.
(3) If a difficulty arises in the application of subsection (1) to a
particular proceeding that has commenced before the commencement day, the court
may make any order it considers appropriate to resolve the difficulty.
202 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Children and
Young People Act 2008, schedule 1, part 1.5 or the Children and Young
People (Consequential Amendments) Act 2008.
(2) A regulation may modify this chapter (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this chapter.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
(4) This section expires 2 years after the day it commences.
203 Expiry—ch 11
(1) This chapter expires 5 years after the day it commences.
(2) This chapter, other than section 202, is a law to which the
Legislation Act, section 88 (Repeal does not end effect of transitional laws
etc) applies.
Part
1.5 Magistrates Court Act
1930
insert
Part 17 Transitional—Children and
Young People Act 2008
400 Childrens Court Magistrate
(1) A declaration made under the Children and Young People
Act 1999, section 50 (Childrens Court Magistrate), and in force
immediately before the commencement of this Act, chapter 4A (The Childrens
Court), is taken to be a declaration under this Act, section 291A (Childrens
Court Magistrate).
(2) However, the declaration is not taken to be a notifiable
instrument.
(3) An assignment made under the Children and Young People
Act 1999, section 51 (Restriction on assignment to act as Childrens
Court Magistrate), and in force immediately before the commencement of this Act,
chapter 4A, is taken to be an assignment under this Act, section 291B (Acting
Childrens Court Magistrate).
(4) An assignment made under the Children and Young People
Act 1999, section 53A (Assignment of other magistrates to deal with
Childrens Court matters), and in force immediately before the commencement of
this Act, chapter 4A, is taken to be an assignment under this Act, section 291C
(Assignment of other Magistrates for Childrens Court matters).
401 Existing proceedings in Childrens
Court
(1) The amendments of this Act made by the Children and Young People
Act 2008, part 1.8 apply to an existing proceeding.
(2) If a difficulty arises in the application of subsection (1) to a
particular proceeding, the court may make any order it considers appropriate to
resolve the difficulty.
(3) In this section:
existing proceeding means a proceeding started in the
Childrens Court, but not completed, before the commencement of the Children
and Young People Act 2008, schedule 1, part 1.8.
402 Completion of part-heard matters if magistrate no
longer Childrens Court magistrate etc
(1) This section applies if—
(a) before the commencement day, a magistrate was dealing with a matter
under the Children and Young People Act 1999, section 53B
(Completion of part-heard matters); and
(b) immediately before the commencement day, the matter is not finally
decided.
(2) The magistrate may continue to deal with the matter under this Act,
until it is finally decided.
403 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Children and
Young People Act 2008, schedule 1, part 1.8 or the Children and Young
People (Consequential Amendments) Act 2008.
(2) A regulation may modify this part (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
404 Expiry—pt 17
(1) This chapter expires 2 years after the day it commences.
(2) This chapter, other than section 403, is a law to which the
Legislation Act, section 88 (Repeal does not end effect of transitional laws
etc) applies.
Schedule
2 Consequential
amendments—criminal matters chapters
(see s 3)
omit
Children and Young People Act 1999, section 68
substitute
Children and Young People Act 2008, section 94 (Youth justice
principles)
[2.2] Section
26 (1) (b) (i)
omit
Children and Young People Act 1999, section 68
substitute
Children and Young People Act 2008, section 94
[2.3] Section
26 (4) (a) (ii)
omit
Children and Young People Act 1999, section 68 (the relevant
principles)
substitute
Children and Young People Act 2008, section 94 (Youth justice
principles)
Part
2.2 Children and Young People Act
1999
omit
omit
omit
[2.7] Sections
126, 128 and 129
omit
omit
omit
[2.10] Section
401A and sections 403 to 403B
omit
Part
2.3 Coroners Act
1997
[2.11] Section
3C (1) (a)
substitute
(a) at a correction centre, lockup or detention place; or
[2.12] Section
3C (1) (g)
substitute
(g) while subject to a transfer arrangement under the Children and
Young People Act 2008, division 5.2.1 (Interstate transfer generally) or,
while in custody under that Act, section 127 (Lawful custody for transit through
ACT); or
substitute
(f) the chief executive responsible for the Children and Young People
Act 2008 or an authorised person under that Act;
Part
2.4 Corrections Management Act
2007
[2.14] Section
77 (8), definition of relevant chief executive, paragraph
(a)
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008
Part
2.5 Court Procedures Act
2004
[2.15] Section
15 (2) (c) (iv) (B)
after
Children and Young People Act 1999
insert
or the Children and Young People Act 2008
[2.16] Section
15 (2) (c) (v) (A)
after
Children and Young People Act 1999
insert
or the Children and Young People Act 2008
Part
2.6 Crimes (Child Sex Offenders) Act
2005
[2.17] Section
124 (1) (e)
substitute
(e) detention places under the Children and Young People
Act 2008;
Part
2.7 Evidence (Miscellaneous
Provisions) Act 1991
[2.18] Section
16, definition of territory court, new paragraph (h)
insert
(h) a review officer under the Children and Young People
Act 2008, chapter 9 (Conduct of disciplinary
review—general).
[2.19] Section
9 (1) (o) (i)
after
lockup,
insert
a detention place under the Children and Young People Act
2008,
Part
2.9 Human Rights Commission
Act 2005
[2.20] Section
8A, example 3
substitute
3 a service provided in relation to a shelter under the Children and
Young People Act 1999 or a detention place under the
Children and Young People Act 2008
Part
2.10 Juries Act
1967
[2.21] Schedule
2, part 2.1, item 23
substitute
23
|
an employee at a place declared to be a detention place under the
Children and Young People Act 2008, section 141
|
Part
2.11 Legislation Act
2001
[2.22] Dictionary,
part 1, new definition of detention place
insert
detention place—see the Children and Young People
Act 2008, section 141.
Part
2.12 Listening Devices Act
1992
in part 1, insert
3C Application of Act to detention
places
(1) This section applies in relation to an electronic communication, other
than a protected electronic communication, between a young detainee in a
detention place and someone else.
(2) This Act does not apply to any of the following under the Children
and Young People Act 2008:
(a) the listening to or recording of the communication;
(b) the communication or publication of the communication.
(3) In this section:
electronic communication—see the Children and Young
People Act 2008, section 199 (Monitoring telephone calls
etc).
protected electronic communication—see the Children
and Young People Act 2008, section 199 (Monitoring telephone calls
etc).
young detainee—see the Children and Young People Act
2008, section 95.
Part
2.13 Public Advocate Act
2005
after
Children and Young People Act 1999,
insert
the Children and Young People Act 2008,
Part
2.14 Security Industry
Regulation 2003
[2.25] Section
6 (3), definition of custodial officer, paragraphs (b) and
(c)
substitute
(b) a youth detention officer under the Children and Young People Act
2008, section 96; or
(c) a transfer escort (other than a police officer) under the Children
and Young People Act 2008, division 5.2.1; or
Schedule
3 Consequential amendments—care
and protection chapters
(see s 3)
Part
3.1 Adoption Act
1993
substitute
(a) the person is not an authorised person under the Children and Young
People Act 2008; and
substitute
(4) This section does not apply in relation to a child for whom the chief
executive has long-term care responsibility under the Children and Young
People Act 2008.
[3.3] Dictionary,
definition of parental responsibility
substitute
parental responsibility—a person has parental
responsibility for a child or young person if the person has parental
responsibility for the child or young person under the Children and Young
People Act 2008.
Note Parental responsibility is dealt with in the Children and
Young People Act 2008, div 1.3.2.
Part
3.3 Charitable Collections Regulation
2003
[3.4] Dictionary,
definition of parental responsibility
substitute
parental responsibility—a person has parental
responsibility for a child if the person has parental responsibility for the
child under the Children and Young People Act 2008, division
1.3.2.
Part
3.4 Children and Young People Act
1999
omit
omit
omit
omit
omit
[3.10] Sections
389 and 390
omit
[3.11] Sections
399 to 401
omit
[3.12] Section
402 and sections 404 to 406
omit
Part
3.5 Civil Law (Property) Act
2006
[3.13] Section
257 (2) (a)
substitute
(a) the chief executive responsible for administering the Children and
Young People Act 2008, when the chief executive has long-term care
responsibility for a child because of that Act; or
Part
3.6 Court Procedures Rules
2006
[3.14] Rule
3150, definition of chief executive
omit
Children and Young People Act 1999, chapter 2 (General objects,
principles and parental responsibility)
substitute
Children and Young People Act 2008
[3.15] Rule
6435 (2) (c) (i)
omit
Children and Young People Act 1999, section 18
substitute
Children and Young People Act 2008
Part
3.7 Crimes (Child Sex Offenders) Act
2005
[3.16] Dictionary,
definition of person with parental responsibility
omit
Children and Young People Act 1999, section 18
substitute
Children and Young People Act 2008, division 1.3.2
Part
3.8 Crimes (Restorative Justice) Act
2004
[3.17] Section
11, definition of parent
omit
Children and Young People Act 1999, part 2.3 (Parental
responsibility)
substitute
Children and Young People Act 2008, division 1.3.2 (Parental
responsibility)
Part
3.9 Crimes (Sentence Administration)
Act 2005
[3.18] Section
123 (5), definition of relevant person
omit
Children and Young People Act 1999, section 18
substitute
Children and Young People Act 2008, division 1.3.2
[3.19] Section
133 (6), definition of relevant person
omit
Children and Young People Act 1999, section 18
substitute
Children and Young People Act 2008
[3.20] Section
292 (4) (a)
omit
Children and Young People Act 1999, section 18
substitute
Children and Young People Act 2008, division 1.3.2
omit
Children and Young People Act 1999, section 18
substitute
Children and Young People Act 2008, division 1.3.2
Part
3.10 Crimes (Sentencing) Act
2005
[3.22] Section
49 (2), definition of person who has parental
responsibility
substitute
parental responsibility—see the Children and Young
People Act 2008, division 1.3.2.
Part
3.11 Domestic Violence and Protection
Orders Act 2001
[3.23] Section
32 (1) (a)
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008
[3.24] Section
32 (1) (b)
substitute
(b) at least 1 of the grounds mentioned
in that Act, section 459 (1) (b) (DVPO final protection orders)
is satisfied; and
[3.25] Section
42A, definition of child facility, paragraph (c) and
note
substitute
(c) a place of care, a therapeutic protection place, an office or other
facility used by or for the Territory for children or young people who are,
under the Children and Young People Act 2008, care and protection
chapters, in need of care and protection or in therapeutic protection.
Note The Children and Young People
Act 2008, s 344 defines a child or young person in need of care and
protection.
Part
3.12 Education Act
2004
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008, division 1.3.2
Part
3.13 Evidence (Miscellaneous
Provisions) Act 1991
substitute
(d) a proceeding under the care and protection chapters of the Children
and Young People Act 2008; or
[3.28] Section
9 (1) (o) (i)
substitute
(i) a correctional centre or lockup, or a detention place or therapeutic
protection place under the Children and Young People Act 2008;
or
Part
3.15 Health Records (Privacy and
Access) Act 1997
substitute
(a) the record or part of a record relates to—
(i) a child concern report under the Children and Young People
Act 2008 (see section 352); or
(ii) a prenatal report under the Children and Young People
Act 2008, section 361; or
(iii) information that is care and protection report information within
the meaning of the Children and Young People Act 2008, section 844
(2) (b); or
(iv) a report under the Children and Young People Act 1999, section
158 or section 159; or
(v) a notification under the Children’s Services Act 1986,
section 103; and
[3.30] Dictionary,
definition of guardian, paragraph (a)
substitute
(a) for a young person—a parent, a legally appointed guardian of the
young person or someone else with parental responsibility for the young person
under the Children and Young People Act 2008, division 1.3.2;
or
Part
3.16 Human Rights Commission
Act 2005
[3.31] Section
8A, example 3
substitute
3 a service provided in relation to a detention place, therapeutic
protection place or place of care under the Children and Young People Act
2008
[3.32] Section
14 (1) (g)
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008
[3.33] Section
51A (1) (b)
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008
Part
3.17 Juries Act
1967
[3.34] Schedule
2, part 2.1, item 19
substitute
19
|
an employee at any of the following places:
(a) a place declared to be a detention place under the Children and
Young People Act 2008, section 141;
(b) a place approved as a place of care under the Children and Young
People Act 2008, section 524;
(c) a place declared to be a therapeutic protection place under the
Children and Young People Act 2008, section 624
|
Part
3.18 Mental Health (Treatment and
Care) Act 1994
[3.35] Section
16 (1) (c)
substitute
(c) required to submit to the jurisdiction of the tribunal
by—
(i) a mental health tribunal provision in a care and protection order or
interim care and protection order; or
(ii) an interim therapeutic protection order; or
[3.36] Section
25 (1) (a)
substitute
(a) if the person is a child—the people with parental responsibility
for the child under the Children and Young People Act 2008, division
1.3.2; and
substitute
70 Recommendations about people with mental
impairment
(1) This section applies if—
(a) the Supreme Court makes an order under the Crimes Act,
division 13.3 requiring a person to submit to the jurisdiction of the
tribunal to enable the tribunal to make recommendations to the court about how
the person should be dealt with; or
(b) a court makes an order under the Crimes Act, division 13.5 (Referral
of mentally impaired people to tribunal after conviction) or division 13.6
(Summary proceedings against mentally impaired people), or under the Children
and Young People Act 1999, part 6.2 (which is about dealing with young
offenders in the ACT), requiring a person to submit to the jurisdiction of the
tribunal to enable the tribunal—
(i) to determine whether the person has a mental impairment; and
(ii) if the tribunal determines that the person has a mental
impairment—to make recommendations to the court about how the person
should be dealt with.
(2) After an inquiry, and as the tribunal thinks appropriate in relation
to the person—
(a) the tribunal must determine on the balance of probabilities, whether
or not the person has a mental impairment; and
(b) if the tribunal determines that the person has a mental impairment,
the tribunal must make recommendations to the court about how the person should
be dealt with.
70A Recommendations about people with mental illness
or mental dysfunction
(1) This section applies if the Childrens Court makes a care and
protection order, interim care and protection order with a mental health
tribunal provision or interim therapeutic protection order, under the
Children and Young People Act 2008 requiring a person to submit to the
jurisdiction of the tribunal to enable the tribunal—
(a) to determine whether the person has a mental illness or mental
dysfunction; and
(b) if the tribunal determines that the person has a mental illness or
mental dysfunction—to make recommendations to the court about how the
person should be dealt with.
(2) After an inquiry, and as the tribunal thinks appropriate in relation
to the person—
(a) the tribunal must determine on the balance of probabilities, whether
or not the person has a mental illness or mental dysfunction; and
(b) if the tribunal determines that the person has a mental illness or
mental dysfunction, the tribunal must make recommendations to the court about
how the person should be dealt with.
omit
section 68 or section 70
substitute
section 68, section 70 or section 70A
[3.39] Section
83A (2) (f)
substitute
(f) making a recommendation under section 70 or section 70A about a
person who has a mental impairment, mental illness or mental
dysfunction;
[3.40] Dictionary,
definition of C&YP chief executive
substitute
C&YP chief executive means the chief executive
responsible for the Children and Young People Act 2008.
[3.41] Dictionary,
new definition of care and protection order
insert
care and protection order—see the Children and Young
People Act 2008, section 421.
[3.42] Dictionary,
new definitions
insert
interim care and protection order—see the Children
and Young People Act 2008, section 432.
interim therapeutic protection order—see the
Children and Young People Act 2008, section 542.
mental health tribunal provision—see the Children
and Young People Act 2008, section 490.
Part
3.19 Testamentary Guardianship Act
1984
substitute
(a) the chief executive responsible for the Children and Young People
Act 2008; or
Part
3.20 Tobacco Act
1927
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008, division 1.3.2
[3.45] Section
42E (2), note
substitute
Note If 2 or more people share parental responsibility for a child
or young person, any of them may discharge the responsibility (see Children
and Young People Act 2008, s 18 (2)).
Part
3.21 Victims of Crime (Financial
Assistance) Act 1983
[3.46] Dictionary,
definition of guardian
omit
Children and Young People Act 1999, chapter 2 (General objects,
principles and parental responsibility)
substitute
Children and Young People Act 2008
Schedule
4 Consequential
amendments—remainder
(see s 3)
[4.1] Section
9D (6), definition of outstanding, note, 3rd dot
point
omit
omit
Children and Young People Act 1999, section 73 (Powers of court in
relation to reports)
substitute
Court Procedures Act 2004, section 74D (Court may order report about
young person)
insert
25A Supervision condition when offence committed as
young person
(1) This section applies if—
(a) a condition is imposed on the grant of bail to an accused person under
section 25 (4) (e); and
(b) the accused person is at least 18 years old but less than
21 years old; and
(c) the accused person was under 18 years old when the offence to which
the grant of bail relates was committed.
(2) The chief executive responsible for this Act and the chief executive
responsible for the Children and Young People Act 2008 must decide which
of them is to be the responsible chief executive for matters relating to the
supervision of the accused person.
omit
Children and Young People Act 1999, chapter 6 (Young
Offenders)
substitute
Children and Young People Act 2008
Part
4.2 Charitable Collections Regulation
2003
substitute
Note For provisions about the employment of children, see the
Children and Young People Act 2008, ch 21.
Part
4.3 Confiscation of Criminal Assets
Act 2003
[4.6] Section
15 (1) (c), note 1, 3rd dot point
omit
[4.7] Section
15 (1) (c), note 2
omit
Part
4.4 Coroners Act
1997
[4.8] Section
3C (1) (b), new note 2
insert
Note 2 A community service order
under the Children and Young People Act 1999 (repealed) is taken to be a
community service condition of a good behaviour order under the Crimes
(Sentencing) Act 2005 (see Crimes (Sentence Administration) Act
2005, s 702).
omit
[4.10] Section
3C (1) (f)
substitute
(f) while subject to an accommodation order under the Crimes
(Sentencing) Act 2005, section 133Z (Accommodation orders—convicted
young offenders only); or
omit
note
substitute
notes
Part
4.5 Court Procedures Act
2004
[4.12] Section
15 (2) (c) (iv) (B)
omit
the Children and Young People Act 1999 or
[4.13] Section
15 (2) (c) (v) (A)
omit
the Children and Young People Act 1999 or
[4.14] Section
41 (2) (a)
omit
Children and Young People Act 1999, section 61 (Proceedings not open
to public)
substitute
Court Procedures Act 2004, section 72 (Court proceedings involving
children or young people not open to public)
Part
4.6 Court Procedures Rules
2006
[4.15] Rule
22 (1), note 2
omit
(see Children and Young People Act 1999, s 53)
substitute
(see Magistrates Court Act 1930, s 287)
[4.16] Rule
275 (1), example
substitute
Example—territory law otherwise
providing
The Court Procedures Act 2004, s 74E provides that in a proceeding
in a court in relation to a child or young person, the child or young person may
be represented by a lawyer or litigation guardian, or both.
[4.17] Rule
6000 (1), note 2
omit
(see Children and Young People Act 1999, s 53)
substitute
(see Magistrates Court Act 1930, s 287)
omit 1st mention of
child officer
substitute
chief executive responsible for the Children and Young People
Act 2008
omit last mention of
child officer
substitute
chief executive
[4.20] Section
39 (6), definition of child officer
omit
Part
4.8 Crimes (Child Sex Offenders) Act
2005
[4.21] Section
7 (1) (d) (ii)
omit
[4.22] Section
7 (1) (d) (iii)
omit
or (ii)
[4.23] Section
9 (1) (a) (ii)
omit
[4.24] Section
9 (1) (a) (iii)
omit
or (ii)
[4.25] Section
17 (2), definition of sentence
substitute
sentence, for an offence, does not include an order against a
young offender under the Crimes (Sentencing) Act 2005, section 13, 17,
18, 19, or 27.
[4.26] Section
124 (2), definition of family day care scheme
substitute
family day care scheme—see the Children and Young
People Act 2008, section 733.
[4.27] Dictionary,
definition of community service order
substitute
community service order means a community service order
within the meaning of the Crimes (Sentencing) Act 2005, section 13 (6)
(Good behaviour orders).
Note An order under the Crimes Act 1900, s 408 (Directions to
perform work) (repealed) is taken to be a good behaviour order under the
Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act
2005, s 339).
Part
4.9 Crimes (Child Sex Offenders)
Regulation 2005
[4.28] Section
12 (1) (d) (i)
omit
Children and Young People Act 1999, chapter 1
substitute
Children and Young People Act 2008
omit
Children and Young People Act 1999, chapter 1
substitute
Children and Young People Act 2008
Part
4.10 Crimes (Restorative Justice) Act
2004
[4.30] Section
13, definition of sentence-related order
substitute
sentence-related order, for an offender who is found guilty
of an offence, means any of the following orders of the court:
(a) an order sentencing the offender;
(b) an order under the Crimes (Sentencing) Act 2005,
section 12 (Suspended sentences) or section 17 (Non-conviction
orders—general).
Examples—par (a)
1 an order for a sentence of imprisonment
2 an order for periodic detention under the Crimes (Sentencing) Act
2005
3 a good behaviour order under the Crimes (Sentencing) Act 2005,
including an order subject to a community service condition
Note 1 Orders under the Crimes Act 1900, s 402 (Conditional
release of offenders without proceeding to conviction) (repealed) and s 403
(Conditional release of offenders) (repealed) are taken to be orders under the
Crimes (Sentencing) Act 2005, s 12 or s 17 (see Crimes (Sentence
Administration) Act 2005, s 336 to s 338).
Note 2 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).
[4.31] Section
22 (2), definition of chief executive (children and young
people)
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008
[4.32] Section
22 (2), definition of chief executive (restorative justice),
example
omit
Children and Young People Act 1999
substitute
Children and Young People Act 2008
Part
4.11 Crimes (Sentence Administration)
Act 2005
[4.33] Section
217, definition of ACT sentence of imprisonment
omit everything after paragraph (c)
Part
4.12 Crimes (Sentencing) Act
2005
substitute
38 Sentences of imprisonment and uncompleted young
offender orders
(1) This section applies in relation to an adult offender if, at the time
of sentencing—
(a) the adult offender is serving a sentence that was imposed on the
person as a young offender (the previous sentence); and
(b) the court is imposing a sentence that would be likely to bring the
offender into contact with other adult offenders.
(2) The court—
(a) must, in deciding the term of the sentence, consider any remaining
period during which the previous sentence would remain in force if not
discharged under paragraph (b); and
(b) may, if appropriate, discharge the previous sentence.
[4.35] Section
70 (2), definition of sentence of imprisonment
substitute
sentence of imprisonment does not include any nonparole
period that has been set for the primary sentence.
Part
4.13 Drugs of Dependence Act
1989
[4.36] Section
121, definition of responsible officer,
paragraph (a)
omit
Children and Young People Act 1999, chapter 2 (General objects,
principles and parental responsibility)
substitute
Children and Young People Act 2008
Part
4.14 Education Act
2004
substitute
(3) In this Act, a carer is a person who is an out-of-home
carer under the Children and Young People Act 2008, section 507 (Who is
an out-of-home carer?).
[4.38] Section
13, new note
insert
Note The Children and Young People Act 2008, ch 21 deals with
the employment of children and young people. Chapter 21 is subject to this
section.
Part
4.15 Evidence (Miscellaneous
Provisions) Act 1991
[4.39] Section
74 (2) (b)
substitute
(b) an offence against any of the following provisions of the Children
and Young People Act 2008:
(i) section 788 (Offence––contravene employment prohibition
notice);
(ii) section 790 (Offence––contravene employment conditions
notice);
(iii) section 802 (Offence––employment of child or young
person under school-leaving age in high risk employment);
(iv) section 803 (Offence––contravene condition of
permit);
Part
4.16 Hawkers Act
2003
substitute
(d) the sale, delivery or distribution of newspapers by a child or young
person that is light work under the Children and Young People Act 2008,
section 792 (What is light work?);
Part
4.17 Juries Act
1967
[4.41] Schedule
2, part 2.1, item 20
omit
Part
4.18 Legislation Act
2001
[4.42] Dictionary,
part 1, definition of Childrens Court
substitute
Childrens Court means the Childrens Court under the
Magistrates Court Act 1930, section 287.
[4.43] Dictionary,
part 1, definition of found guilty, paragraph (c)
omit
Part
4.19 Mental Health (Treatment and
Care) Act 1994
[4.44] Section
16 (1) (d)
omit
or the C&YP Act, chapter 6 (Young offenders)
[4.45] Section
70 (1) (b)
omit
, or under the Children and Young People Act 1999, part 6.2 (which
is about dealing with young offenders in the ACT),
[4.46] Section
90 (5) (e) (except the note)
substitute
(e) be accompanied by a copy of any relevant order under the Crimes Act,
part 13 (Unfitness to plead and mental impairment) or under the Children
and Young People Act 2008.
[4.47] Dictionary,
definition of C&YP Act
omit
[4.48] Dictionary,
definition of offender with a mental impairment
omit
or the C&YP Act, part 6.2 (which is about dealing with young
offenders)
[4.49] Dictionary,
definition of referring officer, paragraph (b)
omit
[4.50] Dictionary,
definition of referring officer, paragraph (d), note
omit
Children and Young People Act 1999, ch 6 (Young Offenders)
substitute
Children and Young People Act 2008
Part
4.20 Public Advocate Act
2005
omit
the Children and Young People Act 1999,
Part
4.21 Public Health Regulation
2000
substitute
Note 1 The dictionary at the end of this regulation defines certain
terms used in this regulation, and includes references (signpost
definitions) to other terms defined elsewhere in this regulation or in
other legislation.
For example, the signpost definition ‘childcare
centre—see the Children and Young People Act 2008, section
732.’ means that the term ‘childcare centre’ is defined in
that section and the definition applies to this regulation.
[4.53] Dictionary,
definition of child-care centre
substitute
childcare centre—see the Children and Young People
Act 2008, section 732.
[4.54] Further
amendments, mentions of child-care
omit
child-care
substitute
childcare
in
section 8 (2)
schedule 1, item 29, column 4
dictionary, definition of pre-secondary school
dictionary, definition of school, paragraph (a)
Part
4.22 Victims of Crime (Financial
Assistance) Act 1983
[4.55] Section
66 (2) (a) (ii)
omit
Schedule
5 Legislation
repealed
(see s 4)
Part
5.1 Repeals—criminal
matters
[5.1] Legislation
repealed
(1) The Children and Young People Regulation 2000 (SL2000-41) is
repealed.
(2) All legislative instruments under the Children and Young People
Act 1999 (A1999-63) (except the instruments mentioned in this schedule,
part 5.2 and part 5.3) are repealed.
Part
5.2 Repeals—care and protection
matters
[5.2] Legislation
repealed
The following instruments under the Children and Young People Act
1999 (A1999-63) are repealed:
• Children and Young People Official Visitor Appointment 2007 (No
1) (DI2007-244);
• Children and Young People Official Visitor Appointment 2005 (No
3) (DI2005-219);
• Children and Young People (Family Group Conference Facilitator)
Appointment 2006 (No 1) (NI2006-371);
• Children and Young People (Family Group Conferences Facilitator)
Appointment 2004 (No 1) (NI2004-140);
• any other instrument under the Children and Young People
Act 1999, section 41 (Official Visitors).
Part
5.3 Repeals—remainder
[5.3] Legislation
repealed
(1) The Children and Young People Act 1999 (A1999-63) is
repealed.
(2) The following instruments under the Children and Young People Act
1999 (A1999-63) are repealed:
• Children and Young People (Community Youth Justice Centre)
Attendance Centre Declaration 2005 (No 1) (NI2005-179);
• Children and Young People (Marlow Cottage) Shelter Declaration
2005 (No 1) (NI2005-222);
• Children and Young People—Care and Protection Services
Delegations 2006 (NI2006-254);
• Children and Young People (Community Youth Justice Centre)
Attendance Centre Declaration 2005 (No 2) (NI2005-299);
• any other instrument under the Children and Young People Act
1999, section 36 (Member of the Council) or section 37
(Chairperson).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
[Index]
[Search]
[Download]
[Related Items]
[Help]