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This is a Bill, not an Act. For current law, see the Acts databases.
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Contents
Page
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Children and Young People Amendment Bill 2015 (No 3)
A Bill for
An Act to amend the
, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Children and Young People Amendment Act 2015 (No 3)
.
This Act commences on 1 January 2016.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
Note This Act also amends the Working with Vulnerable People (Background Checking) Act 2011
(see sch 1).
substitute
Part 2.2 Children and Youth Services Council
27 Establishment of council
(1) The Minister may establish a council (a Children and Youth Services Council) from time to time to exercise stated functions for a stated period in relation to services for children and young people in the ACT.
(2) The instrument establishing the council is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
28 Council members
(1) A Children and Youth Services Council must have at least 5, but not more than 10, members.
(2) The Minister must appoint the members.
Note 1 For the making of appointments (including acting appointments),
see the
, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act
, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act
, div 19.3.3).
5 Who is a suitable
entity?
Section 61, examples 4 to 6
omit
6 Director-general may approve suitable
entity for purpose
Section 63 (2)
omit
7 Meaning of care and protection
purpose
Section 352B, definition of care and protection
purpose, paragraph (a)
substitute
(a) means any of the following purposes:
(i) to provide kinship and foster care services;
(ii) to provide residential care services;
(iii) another purpose prescribed by regulation as a care and protection purpose; but
8 Section 352B, examples and note
substitute
Note Organisations approved as suitable entities for the purpose of providing kinship and foster care services or residential care services are dealt with in ch 15. See especially s 502, definitions of approved kinship and foster care organisation and approved residential care organisation and pt 15.4 (Out-of-home carers).
9 Intervention—suspension if
child or young person unsafe
Section 352P (3)
substitute
(3) If an organisation’s approval is suspended by a safety suspension notice and the organisation holds an authorisation under section 520 (Residential care service—general parental authority), the organisation’s authorisation under section 520 is also suspended for the period of the safety suspension notice.
10 Offence—mandatory reporting of
abuse
Section 356 (2), definition of mandated
reporter, new paragraph (ea)
after the note, insert
(ea) a psychologist;
11 Section 356 (2), new definition of psychologist
insert
psychologist means a person registered under the Health Practitioner Regulation National Law (ACT)
to practise in the psychology profession (other than as a student).
in division 14.3.4, insert
457A Care plans—director-general delegations
The director-general may delegate any of the director-general’s functions under this division to—
(a) a responsible person for an approved kinship and foster care organisation; or
(b) a responsible person for a residential care service.
Note 1 For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
Note 2 If the director-general delegates a function under this part, the delegate is an authorised person and must be given an identity card (see s 26).
Note 3 The
, s 36C also provides for a director-general to delegate powers given to the director-general under a territory law.
13 Care and protection
order—length
Section 465 (2), note 1
omit
(not longer than 2 years)
14 What is a short-term parental
responsibility provision?
Section 476, definition of
short-term parental responsibility provision
omit
not longer than 2 years
substitute
not longer than—
(a) for a child who is younger than 2 years old when the order is made—1 year; and
(b) in any other case—2 years
15 Short-term parental responsibility
provision—extension
Section 477 (1)
after
order
insert
(the extension decision)
16 Section 477 (2) (a) and (b)
substitute
(a) for a child who is younger than 2 years old when the extension decision is made—
(i) the director-general has had an aspect of daily care responsibility or long-term care responsibility for a total of at least 1 year before the extension decision is made; and
(ii) the child or young person has been living with a stated person under a care and protection order for a total of at least 1 year before the extension decision is made; or
(b) in any other case—
(i) the director-general has had an aspect of daily care responsibility or long-term care responsibility for—
(A) the 2 years immediately before the extension decision is made; or
(B) a total of at least 2 years in the 3 years immediately before the extension decision is made; and
(ii) the child or young person has been living with a stated person under a care and protection order for—
(A) the 2 years immediately before the extension decision is made; or
(B) a total of at least 2 years in the 3 years immediately before the extension decision is made.
17 Enduring parental responsibility
provision—criteria for
making
Section 482 (1) (a) (i) and (ii)
substitute
(i) the year immediately before the order is made; or
(ii) a total of at least 1 year in the 2 years immediately before the order is made; and
18 Section 482 (1) (b) (i) and (ii)
substitute
(i) the year immediately before the order is made; or
(ii) a total of at least 1 year in the 2 years immediately before the order is made; and
19 Annual review
report—consultation
Section 496 (2) (c) and (d)
substitute
(c) if the child or young person is placed with an out-of-home carer who is—
(i) a kinship carer—the kinship carer and the kinship carer’s approved kinship and foster care organisation; or
(ii) for a foster carer—the foster carer and the foster carer’s approved kinship and foster care organisation; or
(iii) for a residential care service—the residential care service;
20 Annual review report—must be
given to certain people
Section 497 (1) (e)
omit
after the note, insert
(1A) If requested by the Childrens Court, the director-general must also give an annual review report for a care and protection order for a child or young person to the Childrens Court.
in part 14.13, insert
501A Director-general delegations
The director-general may delegate any of the director-general’s functions under this part to—
(a) a responsible person for an approved kinship and foster care organisation; or
(b) a responsible person for a residential care service.
Note 1 For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
Note 2 If the director-general delegates a function under this part, the delegate is an authorised person and must be given an identity card (see s 26).
Note 3 The
, s 36C also provides for a director-general to delegate powers given to the director-general under a territory law.
substitute
502 Definitions—Act
In this Act:
approved kinship and foster care organisation means an approved care and protection organisation approved as a suitable entity for the purpose of providing kinship and foster care services.
Note Approved care and protection organisation—see s 352C.
approved residential care organisation means an approved care and protection organisation approved as a suitable entity for the purpose of providing residential care services.
foster carer—see section 518 (2).
general parental authority, for a residential care service—see section 520 (2).
in therapeutic protection—see section 572.
kinship carer—see section 516 (2).
out-of-home carer, for a child or young person—see section 508.
residential care service—see section 520 (2).
specific parental authority—
(a) for a kinship carer—see section 516 (2); or
(b) for a foster carer—see section 518 (2).
24 Who is an out-of-home
carer?
Section 508, definition of out-of-home carer, new
note
insert
Note Kinship carer—see s 516
(2).
Foster carer—see s 518
(2).
Residential care service—see s 520
(2).
omit
omit
(Director-general may place child or young person with out-of-home carer)
insert
Division 15.4.1A Approval of carers
514A Approved carers—individual may apply
An individual may apply to the director-general for approval as an approved carer.
Note If a form is approved under s 886 for this provision, the form must be used.
514B Approved carers—director-general may approve
(1) The director-general may, in writing, approve a person as a carer (an approved carer) if satisfied that the person is an appropriate person to care for children or young people.
Note Power given by a law to make a decision includes power to reverse or change the decision (see Legislation Act
, s 180).
(2) However, if the director-general orally authorises a person under section 516 (Kinship carer—specific parental authority) or section 518 (Foster carer—specific parental authority) in relation to a child or young person, the director-general—
(a) may, at the same time, orally approve the person as an approved carer; and
(b) if the director-general approves the person under paragraph (a)—must, as soon as practicable, approve the person in writing.
(3) The director-general may approve a person as an approved carer only if—
(a) the person is registered under the Working with Vulnerable People Act
; or
(b) the person—
(i) is to be authorised as a kinship carer under section 516; and
(ii) may engage in a regulated activity as a kinship carer under the Working with Vulnerable People Act
, section 16 (When unregistered person may be engaged in regulated activity—kinship carer).
Note A decision under this section is a reviewable decision (see s 839).
514C Approved carers—criteria for approval
In deciding whether a person is an appropriate person to care for children or young people, the director-general must consider each of the following:
(a) the matters listed in section 65 (1), definition of suitability information, except paragraph (d), about—
(i) the person; and
(ii) each other adult member of the person’s household;
Note There is an ongoing duty to update this information if it changes (see s 514F).
(b) if the director-general requires the person to provide a reference or report under section 514D (2) (b)—the reference or report;
(c) if the director-general requires the person to undergo a test or medical examination under section 514D (2) (c)—the result of the test or medical examination.
514D Approved carers—further information, references etc
(1) This section applies if the director-general is deciding whether a person is an appropriate person to care for children or young people.
(2) The director-general may, by written notice given to the person, require the person to—
(a) provide stated information about the person not later than a stated reasonable time; or
(b) provide a stated reference or report not later than a stated reasonable time; or
(c) undergo a stated test or medical examination not later than a stated reasonable time.
Example
a psychiatric examination
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).
(3) A notice must also tell the person that giving false or misleading information is an offence against the Criminal Code
, part 3.4 (False or misleading statements, information and documents).
(4) If the director-general has given a person a notice under this section and the person does not comply with the notice, the director-general need not decide whether the person is an appropriate person to care for children or young people.
514E Approved carers—expiry and renewal of approvals
(1) The director-general must not issue an approved carer approval for longer than 3 years.
(2) A person may apply to the director-general to renew the approval for a period not longer than 3 years.
(3) The application must be—
(a) in writing; and
(b) received by the director-general at least 30 days before the approval expires.
(4) However, the director-general may extend the time for making an application.
Note 1 A person may apply for the time to be extended, and the time may be extended, even though the time has ended (see Legislation Act
, s 151C).
Note 2 If a form is approved under s 886 for this provision, the form must be used.
(5) If a person applies to renew an approval under this section, the approval remains in force until the application is decided.
(6) If a person’s approval expires, any of the following authorisations held by the person also end:
(a) authorisation as a kinship carer under section 516 (Kinship carer—specific parental authority);
(b) authorisation as a foster carer under section 518 (Foster carer—specific parental authority).
514F Offence—ongoing duty to update information
(1) This section applies to a person if—
(a) either—
(i) the director-general is deciding whether the person is an appropriate person to care for children or young people; or
(ii) the person is an approved carer; and
(b) the person has given the director-general information about a matter mentioned in section 514C (a) about the person.
(2) The person commits an offence if—
(a) the person’s information under section 65 (1), definition of suitability information, paragraph (a), (b) or (c) changes; and
(b) the person does not tell the director-general about the change as soon as practicable, but not later than 7 days after the change happens.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) The person commits an offence if—
(a) either of the following occurs:
(i) a court convicts the person, or finds the person guilty, of an offence involving fraud or dishonesty;
Example
a conviction, or finding of guilt, against the person under the Criminal Code
, ch 3 (Theft, fraud, bribery and related offences)
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).
(ii) a tribunal, or an authority or person with the power to require the production of documents or the answering of questions, makes a finding against the person about the person’s honesty or integrity; and
(b) the person does not tell the director-general about the finding as soon as practicable, but not later than 7 days after the finding is made.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
514G Director-general delegations
The director-general may delegate any of the director-general’s functions under this part to a responsible person for an approved kinship and foster care organisation.
Note 1 For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
Note 2 If the director-general delegates a function under this part, the delegate is an authorised person and must be given an identity card (see s 26).
Note 3 The
, s 36C also provides for a director-general to delegate powers given to the director-general under a territory law.
omit
substitute
516 Kinship carer—specific parental authority
substitute
(2) The director-general may authorise (a specific parental authority), orally or in writing, a family member, or significant person, of the child or young person to exercise the daily care or long-term care responsibility for the director-general (a kinship carer).
31 Section 516 (3) (a) and note
substitute
(a) is an approved carer; and
insert
Note 1 Approved carer—see s 514B.
Note 2 If a person’s approval as an approved carer expires, the authorisation as a kinship carer under this section also ends (see s 514E (6)).
omit
may
substitute
must
34 Authorisation of foster care
service
Section 517
omit
substitute
518 Foster carer—specific parental authority
substitute
(2) The director-general may authorise (a specific parental authority), orally or in writing, a person to exercise the daily care or long-term care responsibility for the director-general (a foster carer).
substitute
(3) However, the director-general may authorise a person only if satisfied that the person—
(a) is an approved carer; and
(b) agrees to exercise the responsibility for the director-general.
Note 1 Approved carer—see s 514B.
Note 2 If a person’s approval as an approved carer expires, the authorisation as a foster carer under this section also ends (see s 514E (6)).
omit
may
substitute
must
39 Authorisation of foster
carer—general parental authority
Section 519
omit
substitute
520 Residential care service—general parental authority
substitute
(1) This section applies if the director-general has daily care responsibility or long-term care responsibility for a child or young person.
(1A) The director-general may authorise (a general parental authority), in writing, an approved residential care organisation to exercise the daily care or long-term care responsibility for the director-general (a residential care service).
omit
43 Revocation of residential care
service’s authorisation
Section 524 (1)
omit 1st mention of
an organisation’s
substitute
an approved residential care organisation’s
omit
(Director-general may place child or young person with out-of-home carer)
45 Approval of places of
care
Section 525 (5), note 1
omit
(Director-general may place child or young person with out-of-home carer)
46 Definitions—div
15.4.3
Section 526, definition of care entities,
paragraph (a) (ii)
substitute
(ii) the foster carer’s approved kinship and foster care organisation;
47 Section 526, definition of placement
omit
may
substitute
must
48 Information and items must be kept
during placement
Section 527 (1)
omit
may
substitute
must
substitute
529J Financial assistance—young person or young adult
in division 15.5.3, insert
529JA Financial assistance—previous out-of-home carer
(1) This section applies if—
(a) a young adult is younger than 21 years old; and
(b) the young adult was previously placed with an out-of-home carer (the previous carer); and
(c) a transition plan is in force for the young adult which provides for the young adult to live with the previous carer; and
(d) the young adult is in fact living with the previous carer.
(2) The director-general may provide financial assistance to the previous carer.
(3) The director-general may provide financial assistance only if satisfied on reasonable grounds that the assistance is reasonably necessary considering the previous carer’s circumstances.
(4) The director-general may provide financial assistance on the conditions that the director-general considers appropriate.
(5) The director-general may provide financial assistance—
(a) to the previous carer directly; or
(b) if the previous carer was a foster carer—to the foster carer’s approved kinship and foster care organisation, for the organisation to provide to the carer.
51 Meaning of reviewable
decision—div 24.1.3
Section 839, table 839.1A, new
items 1A and 1B
before item 1, insert
|
1A
|
514B
|
refuse to approve person as approved carer
|
person
|
|
1B
|
514E
|
refuse to renew person’s approval as approved carer
|
person
|
52 Section 839, table 839.1A, items 2, 4, 6 and 7
omit
substitute
854 Out-of-home carer and approved kinship and foster care organisation—giving information necessary for responsibilities
54 Section 854 (2), definition of carer, paragraph (b)
substitute
(b) an approved kinship and foster care organisation.
55 Who is an information sharing
entity?
Section 859 (1), definition of information
sharing entity, paragraph (d) and note
substitute
(d) an approved kinship and foster care organisation;
Note Approved kinship and foster care organisation—see s 502.
56 Care teams—sharing safety and
wellbeing information
Section 863 (1),
example 6
substitute
6 an approved kinship and foster care organisation
insert
(5) The director-general may delegate the director-general’s function under subsection (1) to a responsible person for—
(a) an approved kinship and foster care organisation; or
(b) an approved residential care service.
Note 1 For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
Note 2 If the director-general delegates a function under this section, the delegate is an authorised person and must be given an identity card (see s 26).
Note 3 The
, s 36C also provides for a director-general to delegate powers given to the director-general under a territory law.
58 Protection of people giving certain
information
Section 874 (2) (n)
substitute
(n) an out-of-home carer, or approved kinship and foster care organisation, to someone under section 854 (Out-of-home carer and approved kinship and foster care organisation—giving information necessary for responsibilities); and
Note Out-of-home
carer—see s 508.
Approved kinship and foster
care organisation—see s 502.
59 ACT child welfare services must
assist public advocate
Section 879 (3), definition of ACT
child welfare service, new paragraph (f)
before the note, insert
(f) an approved care and protection organisation.
insert
Chapter 29 Transitional—Children and Young People Amendment Act 2015 (No 3)
981 Definitions—ch 29
In this chapter:
as amended means as amended by the Children and Young People Amendment Act 2015 (No 3).
commencement day means the day the Children and Young People Amendment Act 2015 (No 3), section 3 commences.
982 Foster care service to be approved kinship and foster care organisation
(1) This section applies if, immediately before the commencement day, an approved care and protection organisation holds—
(a) an approval under section 63 (Director-general may approve suitable entity for purpose) as a suitable entity for the purpose of providing a foster care service under section 517 (Authorisation of foster care service) (an old approval); and
(b) an authorisation under section 517 as a foster care service.
(2) The organisation’s old approval is, on the commencement day, taken to be an approval under section 63 as a suitable entity for the purpose of kinship and foster care (a new approval)—
(a) in the same terms as the old approval; and
(b) subject to the same conditions as the old approval.
(3) The new approval expires when the first of the following happens:
(a) if an expiry day is stated in the approval—the expiry day;
(b) the approval is repealed;
(c) the director-general issues an approval under section 63 for the organisation for the purpose of kinship and foster care.
983 Authorisation of kinship carers
(1) This section applies if, immediately before the commencement day, a person holds—
(a) an approval under section 63 (Director-general may approve suitable entity for purpose) as a suitable entity for the purpose of providing kinship care for a child or young person under section 516 (Kinship carer—specific parental authority) (an old approval); and
(b) an authorisation under section 516 as a kinship carer for a child or young person (an old kinship carer authorisation).
(2) The person’s old approval is, on the commencement day, taken to be an approval under section 514B (Approved carers—director-general may approve) (a new approval)—
(a) in the same terms as the old approval; and
(b) subject to the same conditions as the old approval.
(3) The new approval expires when the first of the following happens:
(a) if an expiry day is stated in the approval—the expiry day;
(b) the approval is repealed;
(c) the person is approved as an approved carer under section 514B;
(d) the person’s registration under the Working With Vulnerable People Act ends.
Note The maximum term of registration under that Act is 3 years
(see
, s 41 (3)).
(4) The person’s old kinship carer authorisation is, on the commencement day, taken to be an authorisation under section 516 (as amended) (a new kinship carer authorisation)—
(a) in the same terms as the old kinship carer authorisation; and
(b) subject to the same conditions as the old kinship carer authorisation.
(5) The new kinship carer authorisation expires when the first of the following happens:
(a) if an expiry day is stated in the authorisation—the expiry day;
(b) the authorisation is repealed;
(c) the director-general issues an authorisation under section 516 (as amended) for the person;
(d) the person’s registration under the Working with Vulnerable People Act
ends.
Note The maximum term of registration under that Act is 3 years
(see
, s 41 (3)).
984 Authorisation of foster carers
(1) This section applies if, immediately before the commencement day, a person holds an authorisation under section 518 as a foster carer for a child or young person (an old foster carer authorisation).
(2) The person’s old foster carer authorisation is, on the commencement day, taken to be an authorisation under section 518 (as amended) (a new foster carer authorisation)—
(a) in the same terms as the old foster carer authorisation; and
(b) subject to the same conditions as the old foster carer authorisation.
(3) The new foster carer authorisation expires when the first of the following happens:
(a) if an expiry day is stated in the authorisation—the expiry day;
(b) the authorisation is repealed;
(c) the director-general issues an authorisation under section 518 (as amended) for the person;
(d) the person’s registration under the Working with Vulnerable People Act
ends.
Note The maximum term of registration under that Act is 3 years
(see
, s 41 (3)).
985 Expiry—ch 29
This chapter expires 3 years after the commencement day.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
61 Dictionary, new definition of approved carer
insert
approved carer—see section 514B.
62 Dictionary, definition of approved foster care organisation
omit
63 Dictionary, new definition of approved kinship and foster care organisation
insert
approved kinship and foster care organisation—see section 502.
64 Dictionary, definitions of approved residential care organisation and foster carer
substitute
approved residential care organisation—see section 502.
foster carer, for a child or young person—see section 518 (2).
65 Dictionary, definition of foster care service
omit
66 Dictionary, definitions of general parental authority etc
substitute
general parental authority, for a residential care service—see section 520 (2).
kinship carer, for a child or young person—see section 516 (2).
out-of-home carer, for a child or young person—see section 508.
residential care service—see section 520 (2).
specific parental authority—
(a) for a kinship carer—see section 516 (2); or
(b) for a foster carer—see section 518 (2).
Schedule 1 Working with Vulnerable People (Background Checking) Act 2011—Consequential amendments
(see s 3)
[1.1] Section 16 (3), definition of kinship carer
substitute
kinship carer—see the Children and Young People Act 2008
, section 516.
[1.2] Schedule 1, section 1.1, note
omit
• s 509 (Who is a kinship carer?);
• s 510 (Meaning of approved foster care organisation, foster care service and foster carer);
• s 511 (Meaning of approved residential care organisation and residential care service);
substitute
• s 516 (Kinship carer—specific parental authority);
• s 518 (Foster carer—specific parental authority);
• s 520 (Residential care service—general parental authority);
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 24 September 2015.
2 Notification
Notified under the
on 2015.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2015
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