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This is a Bill, not an Act. For current law, see the Acts databases.


CHILDREN AND YOUNG PEOPLE LEGISLATION AMENDMENT BILL 2016

2016

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Children and Young People)

Children and Young People Legislation Amendment Bill 2016



Contents

Page

























2016

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Children and Young People)

Children and Young People Legislation Amendment Bill 2016

A Bill for

An Act to amend legislation about children and young people









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Children and Young People Legislation Amendment Act 2016

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Adoption Act 1993

and the Children and Young People Act 2008

.

Part 2 Adoption Act 1993

4 Sections 14 to 17

substitute

14 Additional requirements for adoption of child or young person

An adoption order for a child or young person may be made in favour of a person only if—

(a) the person is on the register of suitable people; and

(b) for an order to be made in favour of 2 people jointly—

(i) they have lived together in a domestic partnership for at least 3 years (whether or not married or in a civil union); and

(ii) the court considers they have demonstrated the stability of, and their commitment to, their domestic partnership; and

(c) for an order to be made in favour of 1 person only—the person either—

(i) is a step parent of the child or young person; or

(ii) is not in a domestic partnership; and

(d) if the person is a step-parent of the child or young person—the Family Court of Australia has given the step-parent leave to commence a proceeding for the adoption of the child or young person under the Family Law Act 1975

(Cwlth), section 60G (Family Court may grant leave for adoption proceedings by prescribed adopting parent); and

(e) if the person is a relative of the child or young person—the court considers that—

(i) the family circumstances mean that it would be beneficial for the child or young person if the relationships within the family were redefined in the way the order would redefine them; and

(ii) it would not be preferable to make an order relating to guardianship or custody of the child or young person.

5 Guardianship before adoption

Section 36 (2) (a)

substitute

(a) the application for adoption is made by a step-parent and a parent of the child or young person has a continuing role as a parent; or

6 Application for approval

Section 81 (2)

omit

resident in the Territory

Part 3 Children and Young People Act 2008

7 Aspects of parental responsibility may be transferred

Section 17 (1), new note

insert

Note If parental responsibility for a child or young person is transferred to the director-general, the director-general may delegate the responsibility to a responsible person for an approved kinship and foster care organisation, who may subdelegate it to an approved carer who is a kinship carer or foster carer for the child or young person (see s 503A). However, the director-general is obliged to ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act

, s 238).

8 Aspects of parental responsibility may be shared

Section 18 (1), new note

insert

Note If parental responsibility for a child or young person is shared with the director-general, the director-general may delegate the responsibility to a responsible person for an approved kinship and foster care organisation, who may subdelegate it to an approved carer who is a kinship carer or foster carer for the child or young person (see s 503A). However, the director-general is obliged to ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act

, s 238).

9 Director-general must give identity cards

New section 26 (1A)

insert

(1A) However, this section does not apply to a delegation, or subdelegation, under any of the following sections:

(a) section 457A (Care plans—director-general delegations);

(b) section 501A (Annual review report—director-general delegations);

(c) section 503A (Parental responsibility—director-general delegations);

(d) section 513A (Placement with out-of-home carer—director-general delegations);

(e) section 514G (Approved carers—director-general delegations);

(f) section 529HA (Transition plans—director-general delegations);

(g) section 529NA (Access to protected information—director-general delegations);

(h) section 863 (5) (Care teams—sharing safety and wellbeing information).

10 Care plans—director-general delegations

Section 457A, notes 2 and 3

omit

11 Section 495

substitute

495 Annual review report—prepared at least annually

The director-general must prepare an annual review report for a reviewable care and protection order—

(a) at least once every 12 months while the order is in force; or

(b) if the order is in force for less than 12 months—when the order expires.

12 Section 501A heading

substitute

501A Annual review report—director-general delegations

13 Section 501A, notes 2 and 3

omit

14 New section 503A

in part 15.1, insert

503A Parental responsibility—director-general delegations

If parental responsibility for a child or young person is transferred to, or shared with, the director-general—

(a) the director-general may delegate the parental responsibility to a responsible person for an approved kinship and foster care organisation; and

(b) the responsible person may subdelegate the parental responsibility to an approved carer who is a kinship carer or foster carer for the child or young person.

Note 1 Approved kinship and foster care organisation—see s 502.

Approved carer—see s 514B.

Kinship carer—see s 516 (2).

Foster carer—see s 518 (2).

Note 2 The director-general is obliged to ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act

, s 238). In addition, the director-general may provide that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions (see Legislation Act

, s 234 and s 239). For other provisions about the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

15 New section 513A

513A Placement with out-of-home carer—director-general delegations

The director-general may delegate any of the director-general’s functions under this division to a responsible person for an approved kinship and foster care organisation.

16 Section 514G

substitute

514G Approved carers—director-general delegations

The director-general may delegate any of the director-general’s functions under this division to a responsible person for an approved kinship and foster care organisation.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

17 New section 529BA

in division 15.5.1, insert

529BA Who is a previous out-of-home carer for a young person or young adult?—pt 15.5

In this part:

previous out-of-home carer, for a young person or young adult, means an out-of-home carer with whom the director-general had placed the young person or young adult when they were a child or young person.

18 New section 529HA

in division 15.5.2, insert

529HA Transition 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 For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

19 Financial assistance—previous out-of-home carer

Section 529JA (1) (b) to (d)

substitute

(b) a transition plan is in force for the young adult which provides for the young adult to live with a previous out-of-home carer; and

(c) the young adult is in fact living with the previous out-of-home carer.

Note Previous out-of-home carer, for a young adult—see s 529BA.

20 Section 529JA (2)

omit

previous carer

substitute

previous out-of-home carer

21 Section 529JA (3)

omit

previous carer’s

substitute

previous out-of-home carer’s

22 Section 529JA (5)

omit

previous carer

substitute

previous out-of-home carer

23 Entitlement to personal items

Section 529K (b) and note

substitute

(b) an approved kinship and foster care organisation; or

(c) a previous out-of-home carer for the young person or young adult.

Note 1 Previous out-of-home carer, for a young person or young adult—see s 529BA.

Note 2 Some out-of-home carers are required to keep personal items during placements (see div 15.4.3).

24 Access to protected information—young person

Section 529L (1) (b) and notes

substitute

(b) an approved kinship and foster care organisation; or

(c) a previous out-of-home carer for the young person.

Note 1 Previous out-of-home carer, for a young person—see s 529BA.

Protected information—see s 844.

Note 2 Some out-of-home carers are required to keep protected information (see div 15.4.3).

25 Section 529L (2) to (5)

omit

out-of-home carer

substitute

organisation or carer

26 Access to protected information—young adult

Section 529M (b) and notes

substitute

(b) an approved kinship and foster care organisation; or

(c) a previous out-of-home carer for the young adult.

Note 1 Previous out-of-home carer, for a young adult—see s 529BA.

Protected information—see s 844.

Note 2 Some out-of-home carers are required to keep protected information (see div 15.4.3).

27 New section 529NA

in division 15.5.4, insert

529NA Access to protected information—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 For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

28 Annual report

Section 727S

omit

financial year

substitute

calendar year

29 Care teams—sharing safety and wellbeing information

Section 863 (5), notes 2 and 3

omit

30 New chapter 30

insert

Chapter 30 Transitional—Children and Young People Legislation Amendment Act 2016

986 CYP death review committee—annual report 2016

(1) If the commencement day is on or before 30 June 2016, the CYP death review committee’s annual report under section 727S for 2016 must also report about deaths included on the register during the period 1 July 2015 to 31 December 2015.

(2) If the commencement day is on or after 1 July 2016—

(a) the CYP death review committee need not report to the Minister under section 727S for 2016; but

(b) the committee’s annual report for 2017 must also report about deaths included on the register during the period 1 July 2016 to 31 December 2016.

(3) In this section:

commencement day means the day the Children and Young People Legislation Amendment Act 2016

, section 28 commences.

(4) This chapter expires on 30 June 2018.

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).

31 Dictionary, new definition of previous out-of-home carer

insert

previous out-of-home carer, for a young person or young adult, for part 15.5 (Transition to adulthood)—see section 529BA.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 3 May 2016.

2 Notification

Notified under the Legislation Act

on 2016.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.

























© Australian Capital Territory 2016

 


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