Children and Young People Act 1999 (ACT)

Children and Young People Act 1999 (repealed)   

A1999-63

Republication No 47

Effective:  27 February 2009

Republication date: 27 February 2009

As repealed by A2008-20 sch 5 pt 5.3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Children and Young People Act 1999 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 27 February 2009. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Children and Young People Act 1999 (repealed)

Contents

Page

Chapter 1Preliminary

Part 1.1Introductory

1. Name of Act  2

Part 1.2Interpretation

1. Dictionary  3

2. Notes  3

3AOffences against Act—application of Criminal Code etc 3

1. Orders in favour of a person  4

2. Meaning of carer  4

Part 1.3Application of the Act

1. Application of Act generally  6

2. Who is a child?  6

3. Who is a young person?  6

4. Children and young people to whom Act applies  6

Chapter 2General objects, principles and parental responsibility

Part 2.1General objects

1. Objects  7

Part 2.2Principles applying to the Act

1. Best interests of child or young person paramount consideration           9

2. General principles  9

3. How to apply the best interests principle  12

4. Indigenous children and young people principle  13

Chapter 3Proceedings under Act generally

1. Entitlement to take part  14

2. Ch 6 and ch 7—general representation of child or young person           14

3. Ch 6, ch 7 and ch 8—legal representation of child or young person       15

4. Applications may be heard together  16

Chapter 4Administration

Part 4.1Chief executive

1. Chief executive’s functions  17

2. Duties and particular powers of chief executive  18

3. Who can the chief executive get help from?  19

4. Delegation by chief executive  19

Part 4.2Childrens services council

1. Childrens Services Council  20

2. Members of the council  20

3. Chairperson  21

4. Meetings of the council  21

5. Ending of appointments  21

6. Advice and assistance by chief executive and public advocate             22

Part 4.3Other officials

1. Assistance for public advocate  23

2. Giving information protected  23

3. Suitable entities  23

4. Appointment of officers  25

5. Identity cards  25

Chapter 5The Childrens Court

1. Childrens Court Magistrates  26

2. Restriction on assignment to act as Childrens Court Magistrate           26

3. Arrangement of business of Childrens Court  26

4. Childrens Court  27

53A         Assignment of other magistrates to deal with Childrens Court matters    27

53B         Completion of part-heard matters  28

1. General jurisdiction of Childrens Court  29

2. Decisions about jurisdiction by reference to age  29

3. Procedure of Childrens Court  30

4. Matters before Childrens Court  30

5. Orders about service  30

6. Attendance of parents at court  31

7. Proceedings not open to public  32

61A         Restriction on publication of certain identifying material from proceedings 32

1. Childrens Court may excuse parties from attendance  33

Chapter 6Young offenders

Part 6.1Interpretation for chapter 6

1. Definitions for ch 6  34

2. Meaning of young offender  34

3. Meaning of State institution  35

4. Special meaning of young person in ch 6  35

Part 6.2Dealing with young offenders in ACT

Division 6.2.1           General provisions for part 6.2

1. Saving of other laws  36

2. Decisions about criminal jurisdiction by reference to age  36

3. Proceedings where young person jointly charged with adult                37

4. Power to apprehend under-age children  37

5. Powers of court in relation to reports  38

6. Reports to be made available  39

7. Care and protection considerations  39

Division 6.2.2           Proceedings against young people

1. Definitions for div 6.2.2  42

2. Meaning of under restraint  42

3. Committing an offence  45

4. Interviewing young people  45

5. Notification of arrest  47

6. Limitations in relation to criminal proceedings against young people       47

7. Procedure by summons  50

8. Charge against young person—informing person with parental responsibility   50

9. Identifying material  50

84A         Destruction of identifying material  52

1. Detention of young people generally  53

2. Exclusion of evidence unlawfully obtained  54

3. Summary disposal of certain cases  55

4. Committal for trial in certain cases  56

5. Young person may elect to be committed for trial  56

6. Committal of guilty young person to Supreme Court  57

7. Childrens Court to give reasons  57

8. Remission of matter by Supreme Court  57

9. Transfer to the mental health tribunal  58

Division 6.2.3           Disposition of young offenders

1. Disposition of young offenders  59

2. Early release  61

3. Disposition without proceeding to conviction  61

4. Prohibition on certain orders  62

5. Variation or revocation of conditional discharge order  63

6. Fines and similar orders  63

7. Enforcement of payment of fines etc  63

8. Breach of certain orders for reparation or compensation  64

9. Probation orders  65

10. Probation orders—entry and inspection by supervisor  66

105A        Issue of warrant to enter and inspect  66

1. Community service orders  67

2. Duties of young offender under community service order  68

3. Contravention of community service orders  69

4. Contravention of community service and conditional discharge orders    70

5. Attendance centre orders  71

6. Duties of young person under attendance centre order  72

7. Contravention of attendance centre orders  73

8. Residential orders  74

9. Contravention of residential order  74

10. Contravention of probation, community service, attendance centre or residential orders         74

11. Revocation and variation of certain orders  76

12. Referral to mental health tribunal following conviction  77

Division 6.2.5           Miscellaneous

1. Powers of Supreme Court  78

2. Adjournment of criminal proceedings  79

3. Placing in shelter or correctional centre  80

4. Remission of time to be spent in institution  80

5. Other rights and freedoms not affected  81

6. Royal prerogative of mercy not affected  81

Chapter 9Childrens services

Part 9.1General

1. Definitions for ch 9  82

2. Objects  82

3. Principles  83

4. What is a childrens service?  83

5. What is a child-care centre?  83

6. What is a family day care scheme?  84

7. Situations where ch 9 does not apply  84

8. Exemptions  85

Part 9.2Approvals in principle and licences

Division 9.2.1           General

1. Deciding if suitable  86

2. Duty of disclosure  87

3. Register  88

Division 9.2.2           Approval in principle

1. Advertising intention to apply  89

2. Application  89

3. Eligibility for approval in principle  89

4. Grant or refusal of approval in principle  90

5. Certificate of approval in principle  92

6. Term  92

7. Chief executive to report  92

Division 9.2.3           Licences

1. Advertising intention to apply  93

2. Application  93

3. Eligibility for licence  93

4. Grant or refusal of licence  94

5. Application for renewal  96

6. Renewal  96

Division 9.2.4           Matters common to approvals in principle and licences

1. Adjacent premises  97

2. Variation of an approval in principle or a licence  97

3. Cancellation of an approval in principle or a licence  99

4. Return of certificate or licence  100

5. Change of controlling person  100

Part 9.3Enforcement

1. Reporting breach  101

2. Records  102

3. Powers of entry  102

4. Offence related search and seizure at licensed premises                  104

5. Entry to premises of unlicensed service—search warrant                  105

6. Notice to enforce requirements  106

7. Power to suspend operation if service unsafe  108

8. Removal of children in emergency  108

Part 9.4Offences

1. Provision of care as part of family day care scheme  110

2. Carrying on unapproved or unlicensed childrens service at child-care centre    110

3. Advertising certain childrens services  110

4. Contravention of condition of approval in principle or licence              111

5. Offences in relation to approval in principle or licence documents       111

6. Obligations on proprietors, controlling people and carers                  111

Chapter 10Employment of children and young people

1. Meaning of young child  113

2. Employing a child or young person  113

368A        Work experience not employment  113

1. Employment of children and young people in certain businesses etc    114

2. Employment of young children  114

3. Light work excepted  115

4. Family businesses excepted  116

5. Employment not to interfere with schooling etc  116

6. Dangerous employment  116

7. Regulation of employment of children and young people                  117

8. Duty of employers of children and young people  118

9. Child or young person not to render certain measures ineffective        118

10. Ch 10 subject to certain provisions of Education Act  118

Chapter 11Appeals and review

1. Meaning of order  119

2. Appeal to Supreme Court  119

3. Application of Magistrates Court Act etc  121

4. Barring of appeal if order to review granted  122

5. Orders that Supreme Court may make  122

6. Review of decisions  123

7. Decision to refuse to grant licence may not be stayed or otherwise affected pending outcome of review  124

Chapter 12General offences

1. Presumption of age  125

2. Tattooing of children and young people  125

Chapter 13Powers of entry and search

1. Things connected with offences  126

2. Extended meaning of offence  126

3. Search and seizure  126

4. Search warrants  127

5. Entry in emergencies  128

6. Consent to entry  128

Chapter 15Confidentiality and immunity

1. Immunity from suit  130

Chapter 16Miscellaneous

1. Understanding proceedings  131

2. Right of appearance  131

3. Power of person without parental responsibility  132

4. Notification of location of child or young person  132

5. Declaration of attendance centres, institutions and shelters               132

6. Child’s or young person’s name may be given  132

7. Chief executive to notify births in some circumstances  133

8. Evidentiary certificates  134

9. Determination of fees  135

416A        Approval of forms by chief executive  135

1. Regulation-making power  136

Schedule 1Applications under part 7.3 (Care and protection orders and emergency action)  138

Dictionary141

Endnotes

1. About the endnotes  152

2. Abbreviation key  152

3. Legislation history  153

4. Amendment history  159

5. Earlier republications  200

Children and Young People Act 1999 (repealed)

An Act about the welfare of children and young people

Chapter 1Preliminary

Part 1.1Introductory

1. Name of Act

   This Act is the Children and Young People Act 1999.

Part 1.2Interpretation

1. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘controlled drug—see the Criminal Code, section 600.’ means that the term ‘controlled drug’ is defined in that section and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and 156).

2. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1).

·     s 160 (Dishonest reports—offence).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

1. Orders in favour of a person

   (1)An order made in relation to a child or young person is an order in favour of a person if—

   (a)for an order in relation to an aspect of parental responsibility—the person is given that aspect of parental responsibility under the order; or

   (b)for an order for reparation or compensation—the order requires the child or young person to make reparation or pay compensation to the person; or

   (c)for a contact order—the order allows the person to have contact with the child or young person; or

   (d)for a residence order—the order requires the child or young person to live with the person.

   (2)In this section:

   order means an order made by the Childrens Court or another court, whether under this Act or another law.

2. Meaning of carer

   (1)In this Act, other than chapter 9 (Childrens services):

   carer, for a child or young person, includes a person who provides regular and substantial care for the child or young person.

   (2)A person is not a carer—

   (a)    only because the person provides care for a child or young person at a child-care centre or under a family day care scheme; or

   (b)    if the person provides care on a casual basis and is not a relative of the child or young person being cared for.

   (3)In this section:

   care includes foster care, respite care and crisis care.

Part 1.3Application of the Act

1. Application of Act generally

   This Act applies to children and young people.

2. Who is a child?

   For this Act, a child is a person who is under 12 years old.

3. Who is a young person?

   (1)For this Act, a young person is a person who is 12 years old or older, but not yet an adult.

   (2)However, in chapter 6 (Young offenders), a reference to a young person includes a reference to a child.

4. Children and young people to whom Act applies

   The functions under this Act may be exercised in relation to children and young people—

   (a)    who ordinarily live in the ACT; or

   (b)    who do not ordinarily live in the ACT, but who are present in the ACT; or

   (c)who are subject to an event or circumstances happening in the ACT giving rise to a report under section 157A (Prenatal reporting—anticipated abuse or neglect), section 158 (Voluntary reporting) or section 159 (Mandatory reporting).

Chapter 2General objects, principles and parental responsibility

Part 2.1General objects

1. Objects

   The objects of this Act include—

   (a)to provide for and promote the care, protection and wellbeing of children and young people in a way that recognises their right to grow in a safe and stable environment and that takes into account the responsibilities of parents and others for them; and

   (b)to recognise that children and young people have the right to be protected from abuse and neglect and that their protection is the responsibility of parents and families with community and government support; and

   (c)to ensure that children and young people are provided with a safe and nurturing environment by organisations and people who, directly or indirectly, provide care and protection for them; and

   (d)to ensure that services provided by or for government for the care and protection of children and young people foster their health, education, developmental needs, spirituality, self-respect, self-reliance and dignity; and

   (e)to recognise that the support of young offenders, and the provision of positive opportunities to allow them to become valuable community members, is the responsibility of parents and families with community and government support; and

   (f)to prevent abuse and neglect of children and young people through the provision of appropriate assistance to parents and others who have responsibility for children and young people.

Part 2.2Principles applying to the Act

1. Best interests of child or young person paramount consideration

   (1)In making a decision or taking action under this Act in relation to a child or young person, the decision-maker or person taking the action must regard the best interests of the child or young person as the paramount consideration (the best interests principle).

   (2)This section does not apply to a decision under chapter 6 (Young offenders).

   NoteA decision-maker making a decision under ch 6 about a young person or young offender must have regard to the best interests of the young person or young offender (see s 68 (b)).

2. General principles

   (1)In making a decision or taking action under this Act in relation to a child or young person, the decision-maker or person taking the action must apply the following principles except when it would be contrary to the best interests of a child or young person:

   (a)the primary responsibility for providing care and protection for the child or young person should lie with his or her parents and other family members;

   (b)high priority should be given to supporting family members, in cooperation with them, to care for and protect the child or young person, including when the child or young person is subject to an order under this Act or a voluntary care agreement;

   (c)if the child or young person is in need of care and protection and family members are unwilling or unable to provide the child or young person with adequate care and protection (whether temporarily or permanently)—it is the responsibility of government to share or take over their responsibility;

   (d)if intervention by government in the life of the child or young person (and his or her family) is appropriate—the intervention should be the least intrusive consistent with the best interests of the child or young person;

   (e)if removal of the child or young person from his or her existing situation is necessary or desirable in his or her best interests—consideration should be given, before any other placement option is considered, to the child or young person living or being placed with a family member or a person regarded by the child or young person as a family member;

   (f)if the child or young person does not live with his or her family because of the operation of this Act—contact with people who are significant in his or her life should be encouraged;

   (g)the education, training or lawful employment of the child or young person should be encouraged and continued without unnecessary interruption;

   (h)the child’s or young person’s sense of racial, ethnic, religious, individual or cultural identity should be preserved and enhanced and the decision or action should be consistent with his or her racial or ethnic traditions and religious, cultural and individual values.

   (2)In making a decision under this Act about a child or young person, the following general principles are also to be applied:

   (a)    the child or young person, and anyone else involved in making decisions about the child or young person, should be given sufficient information about the decision-making process, in language and a way that they can understand, to allow them to take part fully in the process;

   (b)if the child or young person can form and express views about his or her wellbeing—those views should be sought and considered, taking into account his or her age and maturity;

   (c)anyone else involved in making decisions about the child or young person should be given the opportunity to give his or her views about the wellbeing of the child or young person and those views should be considered;

   (d)the decision-maker should make a decision promptly—

   (i)having regard to the degree of urgency of the particular case and the child’s or young person’s developmental needs; and

   (ii)having regard to the principle that a delay in the decision-making process is likely to prejudice the wellbeing of the child or young person;

   (e)the decision-maker should also have regard to the principle that it is important for a child or young person to have settled and permanent living arrangements.

   (3)In addition, if the decision-maker is a court considering whether to make an order under this Act in relation to the child or young person, the court should apply the general principle that an order under this Act should be made by a court in relation to a child or young person only if the court considers that making the order would be better for the child or young person than making no order at all.

1. How to apply the best interests principle

   (1)In making a decision or taking action under this Act in relation to a child or young person, a person applies the best interests principle if—

   (a)the person finds out whether the child or young person is indigenous and, if the child or young person is, ensures that any relevant indigenous organisation is consulted in relation to issues affecting the child or young person; and

   (b)the person takes into account the following matters so far as they are relevant:

   (i)the need to protect the child or young person from harm;

   (ii)if the child or young person has been abused or neglected—the importance of responding to his or her needs;

   (iii)the capacity of each parent, or anyone else, to provide for his or her needs;

   (iv)the wishes stated by the child or young person and the factors (for example, his or her maturity or level of understanding) that the person considers are relevant to the weight that should be given to the child’s or young person’s wishes;

   (v)the nature of his or her relationship with each parent and with anyone else who is significant in his or her life;

   (vi)the attitude to the child or young person, and to parental responsibilities, demonstrated by each parent;

   (vii)the importance of continuity in the child’s or young person’s care and the likely effect on the child or young person of disruption of that continuity, including separation from—

   (A)a parent or anyone else with parental responsibility for the child or young person; or

   (B)a sibling or other family member; or

   (C)a carer or anyone else (including a child or young person) with whom the child or young person is, or has recently been, living; or

   (D)anyone else who is significant in his or her life;

   (viii)the practicalities of the child or young person maintaining contact with his or her parents, siblings and other family members and anyone else who is significant in his or her life;

   (ix)the age, maturity, sex and background of the child or young person.

   (2)Subsection (1) does not limit the matters that the person may take into account.

2. Indigenous children and young people principle

   In making a decision or taking action under this Act in relation to an Aboriginal or Torres Strait Islander child or young person, the decision-maker or person taking the action must take into account the following:

   (a)submissions made by or on behalf of any relevant indigenous organisation about the child or young person;

   (b)indigenous traditions and cultural values (including kinship rules) as generally stated by the indigenous community.

Chapter 3Proceedings under Act generally

1. Entitlement to take part

   A child or young person has a right to take part in a proceeding under this Act in relation to the child or young person.

2. Ch 6 and ch 7—general representation of child or young person

   (1)In a proceeding under chapter 6 (Young offenders) or chapter 7 (Children and young people in need of care and protection) in relation to a child or young person—

   (a)the child or young person may be represented by a lawyer or litigation representative, or both; and

   (b)a representative of the child or young person must ensure that views or wishes stated by the child or young person are put to the Childrens Court; and

   (c)a representative of the child or young person must tell the court whether he or she is acting on the instructions of the child or young person or in the best interests of the child or young person, or both.

   (2)A person may only be litigation representative for a child or young person with leave of the Childrens Court.

   (3)The Childrens Court may give leave for a person to be a representative of a child or young person only if the person and the child or young person have been given an opportunity to be heard about the appointment.

   (4)In this section:

   litigation representative means a litigation guardian or next friend.

3. Ch 6, ch 7 and ch 8—legal representation of child or young person

   (1)The Childrens Court may hear an application under chapter 6 (Young offenders), chapter 7 (Children and young people in need of care and protection) or chapter 8 (Transfer of protection orders and proceedings) in relation to a child or young person only if—

   (a)the child or young person has a lawyer; or

   (b)the court is satisfied that—

   (i)the child or young person has had a reasonable opportunity to get legal representation; and

   (ii)the child’s or young person’s best interests will be adequately represented in the proceeding.

   (2)If, in a proceeding under chapter 6, 7 or 8 in relation to a child or young person—

   (a)the child or young person does not have a lawyer; and

   (b)either—

   (i)the Childrens Court is not satisfied that the child or young person has made, or can make, an informed and independent decision not to be represented by a lawyer, and it considers that the child or young person should be represented by a lawyer; or

   (ii)the court is not satisfied the child’s or young person’s interests will be adequately represented in the proceeding;

   the court may make the orders, or give the directions, it considers necessary or desirable to allow the child or young person a reasonable opportunity to get a lawyer.

   (3)The Childrens Court may act under subsection (2)—

   (a)on application by or on behalf of the child or young person or a party to the proceeding; or

   (b)on its own initiative.

   (4)In a proceeding under chapter 7 or 8 in relation to a child or young person, a lawyer of the child or young person must—

   (a)if the lawyer is satisfied that, because of the child’s or young person’s age, maturity and level of understanding of the proceeding, the child or young person can give the lawyer instructions—act and make representations to the Childrens Court in accordance with the instructions; or

   (b)in any other case—act and make representations to the Childrens Court in the best interests of the child or young person and having regard to the objects and principles of this Act.

4. Applications may be heard together

   (1)If 2 or more applications under this Act have been filed in relation to a child or young person, the Childrens Court may hear and decide the applications together if it considers that it would be in the best interests of the child or young person.

   (2)If 2 or more applications under this Act are before the Childrens Court in relation to children or young people who are related or that raise related issues, the court may hear and decide the applications together if it considers that it would be in the best interest of each child or young person.

Chapter 4Administration

Part 4.1Chief executive

1. Chief executive’s functions

   The chief executive has the following functions:

   (a)to provide, or assist in the provision of, services directed to strengthening and supporting families in relation to the care and protection of their children and young people;

   (b)to help the community to set up programs for the protection of children and young people and for the prevention or reduction of the incidence of abuse and neglect of children and young people in the community;

   (c)to provide, or assist in the provision of, information to members of the community, including carers and prospective carers, about the operation of this Act and developmental, social and safety issues affecting children and young people;

   (d)to provide, or assist in the provision of, information to people who are required under this Act to report cases, or suspected cases, of abuse to help them perform their legal obligation;

   (e)to provide, or assist in the provision of, information, services or assistance to people who have left the chief executive’s care;

   (f)to provide, or assist in the provision of, services in relation to children or young people who offend against the criminal law, including by ensuring the provision of the care, correction and guidance necessary to allow those children and young people the opportunity to develop in socially responsible ways.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

2. Duties and particular powers of chief executive

   (1)The chief executive must—

   (a)have regard to the purposes and principles of this Act in exercising a function or a power under the Act; and

   (b)encourage the maintenance and development of family, cultural and other significant relationships of every child or young person for whom the chief executive has parental responsibility; and

   (c)set up mechanisms for coordinating services for the care and protection of children and young people.

   (2)The chief executive may provide for any of the following for a child or young person for whom the chief executive has parental responsibility:

   (a)accommodation with a carer (whether within or outside the ACT);

   (b)financial support;

   (c)counselling;

   (d)suitable education, training and employment opportunities;

   (e)medical, dental and similar treatment;

   (f)recreational opportunities;

   (g)regular care planning and review that fully involves the child or young person so that he or she can take part and considers the views of parents and anyone else who is involved with the care, welfare and development of the child or young person;

   (h)an explanation, in language and a way the child or young person can understand, of the aim of care plans.

3. Who can the chief executive get help from?

   (1)For this Act, the chief executive may request a Territory authority or statutory office-holder to provide information, advice, guidance, assistance, documents, facilities or services relevant to the physical or emotional welfare of children and young people.

   (2)If a request is made of an authority or office-holder under this section, the authority or office-holder must promptly comply with the request.

4. Delegation by chief executive

   The chief executive may delegate the chief executive’s functions under this Act or an interstate law to a public servant.

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

Part 4.2Childrens services council

1. Childrens Services Council

   (1)The Childrens Services Council is established.

   (2)The functions of the council are—

   (a)to report to the Minister, at the Minister’s request, on anything relating to the operation or administration of the Act; and

   (b)to make recommendations to the Minister about services for children and young people in the ACT.

2. Members of the council

   (1)The council consists of not less than 3, nor more than 10, members appointed by the Minister from the community.

   Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

   Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

   Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

   (2)The Minister must ensure that there is always—

   (a)at least 1 member who represents the interests of carers; and

   (b)at least 1 member who represents the interests of Aboriginal and Torres Strait Islander people.

   (3)The Minister may appoint a person to the council only if satisfied that the person—

   (a)    has expertise in relation to services for children or young people; or

   (b)    represents the interests of carers.

   (4)A person is a member of the council for the term, and on the terms and conditions, stated in the appointment.

3. Chairperson

   The Minister must appoint a chairperson from among the members.

4. Meetings of the council

   (1)A quorum at a meeting of the council is a majority of the members of the council holding office at the time of the meeting.

   (2)The chairperson must preside at all meetings of the council at which the chairperson is present.

   (3)If the chairperson is not present at a meeting, the members present may choose a member present to preside.

   (4)The member presiding at a meeting has a deliberative vote and, if the votes are equal, a casting vote.

5. Ending of appointments

   The Minister may end the appointment of a member of the council—

   (a)for misbehaviour; or

   (b)for physical or mental incapacity; or

   (c)if the member is convicted, in Australia or elsewhere, of an offence punishable by imprisonment for 12 months or longer.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

6. Advice and assistance by chief executive and public advocate

   The chief executive and the public advocate must give the council the advice and assistance that the council reasonably asks for.

Part 4.3Other officials

1. Assistance for public advocate

   (1)For the purpose of exercising a statutory function, the public advocate may request a Territory entity to provide information, advice, guidance, assistance, documents, facilities or services relevant to the physical or emotional welfare of children and young people.

   (2)If a request is made of an entity under subsection (1), the entity must promptly comply with the request.

   (3)In this section:

   Territory entity means a Territory authority, or a statutory office-holder, involved in providing welfare services for children and young people.

2. Giving information protected

   If information is given in good faith and with reasonable care to, or by, the official visitor or public advocate under this part, the giving of the information is not—

   (a)    a breach of confidence, professional etiquette or ethics or a rule of professional conduct; or

   (b)    the publication of an actionable libel; or

   (c)    a ground for a civil proceeding for malicious prosecution or conspiracy.

3. Suitable entities

   (1)The chief executive may—

   (a)    appoint, engage, employ or authorise an entity (whether for payment or as a volunteer) to provide services for a child or young person under this Act only if the chief executive is satisfied that the entity is a suitable entity to provide the services; or

   (b)allow an entity access to information about a child or young person acquired under the Act only if the chief executive is satisfied that the entity is a suitable entity to have access to the information.

   (2)In deciding whether the entity is a suitable entity, the chief executive may take into account such of the following as are relevant:

   (a)whether the entity has been found guilty of an offence—

   (i)   relating to the provision of services for children or young people; or

   (ii)involving dishonesty, fraud or possession of, or trafficking in, a controlled drug; or

   (iii)against or involving a child or young person;

   (b)whether the entity has been involved in proven noncompliance with a legal obligation relating to the provision of services for children or young people;

   (c)whether the entity has a sound financial reputation and stable financial background;

   (d)whether the entity has a good reputation;

   (e)whether the entity has proven experience or demonstrated capacity in providing services to children or young people;

   (f)any other consideration relevant to the entity’s ability to provide high quality services for children or young people.

4. Appointment of officers

   The chief executive may appoint a public servant as an officer for this Act.

   Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

5. Identity cards

   (1)The chief executive must issue to each officer an identity card that specifies the officer’s name and includes a photograph of the officer from which the officer is readily identifiable.

   (2)A person who ceases to be an officer must not, without reasonable excuse, fail to return his or her identity card to the chief executive within 7 days of ceasing to be an officer.

   Maximum penalty (subsection (2)):  1 penalty unit.

Chapter 5The Childrens Court

1. Childrens Court Magistrates

   (1)The Chief Magistrate must, in writing, declare 1 magistrate to be the Childrens Court Magistrate for a stated term of up to 2 years.

   (2)The Chief Magistrate must revoke the declaration on request in writing by the Childrens Court Magistrate.

   (3)The Chief Magistrate may declare himself or herself to be the Childrens Court Magistrate.

2. Restriction on assignment to act as Childrens Court Magistrate

   (1)The Chief Magistrate may assign a magistrate to act as Childrens Court Magistrate only if—

   (a)    there is no Childrens Court Magistrate; or

   (b)    the Childrens Court Magistrate—

   (i)   is absent from duty or from the ACT; or

   (ii)cannot exercise the functions of the Childrens Court Magistrate for another reason.

   (2)A magistrate assigned to act as Childrens Court Magistrate is the Childrens Court Magistrate for this Act and any other Act.

3. Arrangement of business of Childrens Court

   The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the business of the Childrens Court and accordingly may, subject to appropriate and practicable consultation with the magistrates, make arrangements about—

   (a)the magistrate who is to be the Childrens Court Magistrate; and

   (b)the assignment under section 51 of magistrates to act as Childrens Court Magistrate; and

   (c)the assignment under section 53A of magistrates to deal with matters.

4. Childrens Court

   (1)The Magistrates Court is known as the Childrens Court when it is constituted by the Childrens Court Magistrate exercising the jurisdiction given under section 54.

   (2)The Childrens Court Magistrate is responsible for dealing with all matters within the jurisdiction of the Childrens Court.

   (3)Subsection (2) is subject to—

   (a)section 53A (Assignment of other magistrates to deal with Childrens Court matters); and

   (b)section 53B (Completion of part-heard matters).

   NoteA magistrate assigned to act as Childrens Court Magistrate under s 51 is the Childrens Court Magistrate for this Act (see s 51(2)).

   (4)The Childrens Court must have a seal.

53AAssignment of other magistrates to deal with Childrens Court matters

(1)If the Childrens Court Magistrate is unable to deal with a matter because of a conflict of interest, or a perceived conflict of interest, the Chief Magistrate may assign another magistrate to deal with the matter.

(2)Also, if the Childrens Court Magistrate is unable to deal with a matter or matters without a delay that is likely to prejudice the wellbeing of a child or young person, the Chief Magistrate may assign another magistrate to deal with the matter or matters.

(3)A magistrate may be assigned under subsection (2) only if the Chief Magistrate is satisfied the assignment is necessary having regard to—

(a)the circumstances mentioned in that subsection; and

(b)the best interests principle; and

(c)the degree of urgency of the matter or matters to be dealt with by the assigned magistrate; and

(d)the views (if any) of the Childrens Court Magistrate on the proposed assignment.

(4)The Magistrates Court is also known as the Childrens Court when it is constituted by a magistrate assigned under this section who is exercising the jurisdiction given under section 54.

(5)This section does not create a right in relation to the assignment of a matter under this section.

(6)Without limiting subsection (5), the decision to assign or not to assign a matter under this section—

(a)may not be challenged or called into question in any court; and

(b)is not subject to a prerogative order or injunction in any court.

(7)This section is in addition to, and does not limit, section 51 (Restriction on assignment to act as Childrens Court Magistrate).

53BCompletion of part-heard matters

(1)This section applies if—

(a)a magistrate begins to deal with a Childrens Court matter under this chapter; and

(b)the magistrate ceases to be the Childrens Court Magistrate or to hold an assignment under section 51 or 53A before the matter is finally decided.

(2)The magistrate may continue to deal with the matter until it is finally decided.

(3)The Magistrates Court is also known as the Childrens Court when it is constituted by a magistrate who is acting under subsection (2).

1. General jurisdiction of Childrens Court

   (1)The Childrens Court has jurisdiction—

   (a)to hear and decide informations against children and young people; and

   (b)to hear and decide applications and other proceedings under this Act in relation to children and young people.

   (2)A proceeding transferred to the Childrens Court under chapter 8 (Transfer of protection orders and proceedings) is a proceeding under this Act in relation to children and young people.

   (3)Subsection (1) does not by implication preclude a magistrate other than the Childrens Court Magistrate from—

   (a)    exercising a function or power given to a magistrate under a provision of this Act; or

   (b)    exercising a power given to a magistrate under a law of the Territory to admit a child or young person to bail in accordance with the Bail Act 1992 or to remand a child or young person in custody.

2. Decisions about jurisdiction by reference to age

   (1)In deciding whether section 54 applies to a proceeding in relation to a person, regard must be had to the person’s age when the proceeding is begun.

   (2)This section does not apply to a proceeding to which section 69 (Decisions about criminal jurisdiction by reference to age) applies.

3. Procedure of Childrens Court

   (1)The Magistrates Court Act 1930 (other than chapter 4 (Civil proceedings)) applies to the Childrens Court in the exercise of its jurisdiction under section 54 (General jurisdiction of the Childrens Court) in relation to a proceeding under chapter 6 (Young offenders), other than section 128 (Special purpose leave).

   (2)The rules under the Court Procedures Act 2004 applying in relation to civil proceedings in the Magistrates Court apply to the Childrens Court in the exercise of its jurisdiction under section 54 in relation to any other proceeding under this Act.

4. Matters before Childrens Court

   The sittings of the Childrens Court must be arranged to keep each of the following to a minimum:

   (a)the extent to which children and young people can associate with each other within the court precincts while awaiting the hearing of proceedings;

   (b)the extent to which parents and other people need to be in common waiting rooms while awaiting the hearing of proceedings.

5. Orders about service

   The Childrens Court may make any of the following orders:

   (a)an order dispensing with service of a notice, order or other instrument under this Act;

   (b)an order for substituted service of a notice, order or other instrument under this Act;

   (c)an order shortening the time for serving a notice, order or other instrument under this Act.

6. Attendance of parents at court

   (1)A parent of a child or young person who is the subject of a proceeding in the Childrens Court must attend the court throughout the proceeding if—

   (a)notice of the proceeding has been served on the parent; or

   (b)the parent is otherwise aware of the proceeding.

   (2)Notice of a proceeding served on a parent must—

   (a)state the time and date when, and the place where, the hearing of the proceeding will start; and

   (b)state that a warrant may be issued to bring the parent before the Childrens Court if the parent does not attend throughout the proceeding.

   (3)The Childrens Court may issue a warrant to bring a parent of a child or young person before the court if—

   (a)notice of the proceeding has been served on a parent of the child or young person; but

   (b)neither parent of the child or young person attends the court at the start of, or at any time during, the proceeding.

   (4)If the parent is brought before the Childrens Court on the warrant and the court is not satisfied that the parent has a reasonable excuse for not attending, the court may admit the parent to bail on an undertaking by the parent, with or without sureties, to attend the court throughout the remainder of the proceeding.

   (5)This section applies to a parent who lives within or outside the ACT.

   (6)This section does not apply to a proceeding under chapter 7 (Children and young people in need of care and protection).

7. Proceedings not open to public

   The following people are the only people who may be present at the hearing of a proceeding in the Childrens Court:

   (a)an officer of the court;

   (b)a party to the proceeding, a lawyer representing the party, or an employee of the lawyer;

   (c)a parent or other person with parental responsibility for the child or young person who is the subject of the proceeding or anyone else whom the court admits as a representative of the child or young person;

   (d)the chief executive or a person authorised by the chief executive for this section;

   (e)the public advocate or a person authorised by the public advocate for this section;

   (f)a person who has, or a representative of an entity that has, provided a report under chapter 7 (Children and young people in need of care and protection);

   (g)if the proceeding is a proceeding under chapter 6 (Young offenders)—a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by his or her employer;

   (h)anyone else required or permitted to be present by the court or under this Act.

61ARestriction on publication of certain identifying material from proceedings

(1)This section applies to a proceeding, in relation to a child or young person—

(a)under this Act; or

(b)to which this Act applies; or

(c)under a State law if the law relates to the welfare of the child or young person.

(2)In subsection (1):

proceeding includes a proceeding begun before the commencement of this section.

(3)A person must not publish an account or report of the proceeding if the account or report—

(a)discloses the identity of the child or young person or a family member; or

(b)allows the identity of the child or young person, or a family member, to be worked out.

Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

(4)A prosecution for an offence against subsection (3) may be begun only by, or with the written consent of, the Attorney-General or director of public prosecutions.

1. Childrens Court may excuse parties from attendance

   (1)The Childrens Court may excuse a party to a proceeding under this Act from attending all or part of the proceeding on the application of the party.

   (2)The Childrens Court may, at any time and by notice served on the party, require the party to attend the proceeding.

Chapter 6Young offenders

Part 6.1Interpretation for chapter 6

1. Definitions for ch 6

   In this chapter:

   conditional discharge order, in relation to a young person charged with an offence, means an order made by a court discharging the young person subject to conditions.

   fine—see the Magistrates Court Act 1930, section 146.

   Minister, for a State, means—

   (a)for the Northern Territory—a person holding ministerial office under the Northern Territory (Self-Government) Act 1978 (Cwlth); or

   (b)in any other case—a Minister of the Crown of the State.

   outstanding fine—see the Magistrates Court Act 1930, section 146.

2. Meaning of young offender

   (1)In this chapter:

   young offender means—

   (a)a person in relation to whom the Childrens Court has made an order under section 96 (Disposition of young offenders), except an order reprimanding the person or requiring the person to submit to the jurisdiction of the mental health tribunal; or

   (b)a person who—

   (i)has committed an offence against a law of a State; and

   (ii)is under 18 years old, or is under 21 years old and was under 18 years old when the offence was committed; and

   (c)has been dealt with for the offence under a young offenders law of the State, but is not on remand.

   (2)In this section:

   young offenders law, of a State, means a law of the State about the punishment of offenders who are under 18 years old when they commit offences.

3. Meaning of State institution

   (1)In this chapter, a State institution is a place in a State where, under the law of the State, a young person may be detained under a court order.

   (2)In this section:

   State means a State for which an agreement under section 133 (General agreements with other jurisdictions) is in force.

4. Special meaning of young person in ch 6

   In this chapter:

   young person includes a child.

Part 6.2Dealing with young offenders in ACT

Division 6.2.1           General provisions for part 6.2

1. Saving of other laws

   Except as otherwise expressly provided by this Act, this part does not affect the operation of the common law or any other law in force in the ACT.

2. Decisions about criminal jurisdiction by reference to age

   (1)In deciding whether an information alleging an offence by a person should be heard and decided by the Childrens Court, regard should be had to the age of the person at the time of the alleged offence.

   (2)If a person was under the age of 18 years at the time of an alleged offence and between the ages of 18 years and 18 years 6 months at the time of the person’s first appearance in the Childrens Court after having been charged with the alleged offence—

   (a)the person must be dealt with in accordance with this part until the time (if any) that the court finds the offence proved; and

   (b)in dealing with the person, this part applies to and in relation to the person as if the person were a young person; and

   (c)if the court finds the offence proved, the person must be dealt with as an adult.

   (3)If a person was under the age of 18 years at the time of an alleged offence and over the age of 18 years 6 months at the time of the person’s first appearance in the Childrens Court after having been charged with the alleged offence, the person must be dealt with as an adult unless, in the circumstances, the court considers it appropriate for the person to be dealt with as a young person.

3. Proceedings where young person jointly charged with adult

   (1)If a young person and an adult are jointly charged with an offence, section 54 (General jurisdiction of the Childrens Court) applies to a proceeding against the young person arising out of that charge as if the young person had been charged separately.

   (2)Section 54 does not apply to the preliminary examination in respect of an indictable offence alleged to have been committed jointly by a young person and an adult if the Chief Magistrate, having regard to the nature of the alleged offence and the time and expense involved in carrying out the preliminary examinations separately, so orders.

4. Power to apprehend under-age children

   (1)If a police officer reasonably believes that a person is a child under the age of 10 years and had carried out, or is carrying out, conduct that makes up the physical elements of an offence, the police officer may apprehend the child, and for that purpose may use necessary and reasonable force.

   NoteThe Criminal Code, div 2.3.1 deals with the criminal responsibility of children.

   (2)When exercising the power given by subsection (1), the police officer may—

   (a)enter premises, by force if necessary and reasonable, at any time of the day or night for the purpose of arresting the child; and

   (b)if the police officer reasonably believes that—

   (i)the child has committed a serious offence within the meaning of division 6.2.2 (Criminal proceedings against young people); and

   (ii)the child is on the premises;

   search the premises for the child.

   (3)On apprehending a child under subsection (1), the police officer must—

   (a)take the child to a person with parental responsibility for the child; or

   (b)if it is not practicable to do so—

   (i)place the child with a suitable person who is prepared to care for the child; and

   (ii)notify the chief executive that the police officer has done so.

5. Powers of court in relation to reports

   (1)A court hearing any proceeding in relation to or against a child or young person may order a public servant whose duties relate to the welfare of children and young people in the ACT to give the court a report about the child or young person.

   (2)A public servant given an order must, despite any other law of the ACT, give a report.

   (3)In giving effect to an order under subsection (1), the public servant may do 1 or more of the following:

   (a)visit and interview the child or young person;

   (b)interview a parent of the child or young person;

   (c)interview a schoolteacher or other person concerned with the education or welfare of the child or young person;

   (d)require the child or young person to submit to being interviewed by a doctor or other named person.

   (4)If a report is provided in good faith to the person mentioned in subsection (1) by a doctor or other person following an interview mentioned in subsection (3) (d), the report is not a breach of confidence, professional etiquette or ethics or a rule of professional conduct.

6. Reports to be made available

   (1)Unless a court otherwise orders, a copy of a report provided under section 73 must be made available to the parties to the proceeding.

   (2)The person providing a report under section 73 may be called as a witness by a party to the proceeding.

7. Care and protection considerations

   (1)If, when hearing an information against a young person, the Childrens Court is satisfied that the young person should be dealt with under part 7.3 (Care and protection orders and emergency action), the court may—

   (a)dismiss the information; or

   (b)adjourn the proceeding for a period not exceeding 15 days.

   (2)If the Childrens Court acts under subsection (1) in relation to a proceeding it must, as soon as practicable, but in any event not later than 2 working days after the day it acts, give a statement of the reasons for the action to the chief executive and the public advocate which contains the following information about the proceeding:

   (a)if the proceeding has been adjourned—the reason the proceeding was adjourned;

   (b)the circumstances of which the court is aware that led to the young person coming before the court;

   (c)the factors that satisfied the court that the young person should be dealt with under part 7.3.

   (3)The Childrens Court may, if it proposes to adjourn a proceeding, make an order placing the young person who is the subject of the proceeding in the physical care of the chief executive or an officer, or into the physical care of a police officer for delivery to the chief executive or an officer, if the court is of the opinion that—

   (a)if the young person were convicted as a result of the proceeding—it would be appropriate to make an order under section 96 (other than under section 96 (1) (a), (b) or (g), an order imposing a fine or an order for reparation) in relation to him or her; or

   (b)the immediate release of the young person would not be in his or her best interests.

   (4)If the Childrens Court makes an order under subsection (3) in relation to a proceeding, the chief executive has parental responsibility for the young person who is the subject of the proceeding as if he or she had taken emergency action in relation to him or her and must—

   (a)approve the existing arrangements for the care and protection of the young person; or

   (b)cause suitable arrangements for the care and protection of the young person to be made.

   (5)The chief executive must treat a statement of reasons provided to him or her under subsection (2) as if it were a report made under section 159 (Mandatory reporting).

   (6)If—

   (a)a proceeding has been adjourned under subsection (1); and

   (b)the Childrens Court has provided the chief executive with a statement of reasons under subsection (2) about the action of the court;

   the chief executive must, within 15 days after the day the court acts under subsection (1), give written notice to the public advocate and the court—

   (c)of the action he or she has taken, is taking or proposes to take under part 7.3 in relation to the young person who is the subject of the proceeding; or

   (d)if the chief executive proposes to take no action—that he or she proposes to take no action under part 7.3 in relation to the young person.

   (7)The chief executive will be taken to have complied with subsection (6) in relation to a proceeding that has been adjourned under subsection (1) if—

   (a)the chief executive files an application under part 7.3 in relation to the young person who is the subject of the proceeding; and

   (b)serves a copy of that application on the public advocate.

   (8)When a proceeding adjourned under subsection (1) comes before the Childrens Court again, the court must—

   (a)if the chief executive has given the court notice under subsection (6) (c) and the court is satisfied that taking the action mentioned in the notice is in the best interests of the young person—dismiss the proceeding; or

   (b)if the chief executive has given the court notice under subsection (6) (d) and the court is satisfied that it is in the best interests of the young person that the chief executive take no action—dismiss the proceeding; or

   (c)if the chief executive has made an application under part 7.3 in relation to the young person—dismiss the proceeding; or

   (d)in any other case—make such further order or take such further action in relation to the information that is the subject of the proceeding as the court considers appropriate.

Division 6.2.2           Proceedings against young people

1. Definitions for div 6.2.2

   In this division:

   authorised officer means—

   (a)the chief police officer; or

   (b)a police officer exercising the functions of a superintendent or sergeant; or

   (c)another police officer authorised in writing by the chief police officer.

   interview includes ask questions.

   police officer includes a office-holder under an Act who, because of the Act, has the power to arrest or detain a person or to take a person into the office-holder’s custody, but does not include a corrections officer.

   NoteA 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).

   serious offence means an offence punishable by imprisonment for more than 1 year.

1. Meaning of under restraint

   (1)For this division, a young person is under restraint if—

   (a)the young person is under restraint as a result of having been lawfully arrested or detained; or

   (b)the young person is under restraint in relation to an offence and a police officer reasonably believes that—

   (i)the young person committed the offence; or

   (ii)he or she would be authorised under a law in force in the ACT to arrest the young person for the offence; or

   (c)the young person is in the company of a police officer for a purpose connected with the investigation of an offence or a possible offence.

   (2)For subsection (1) (c), a young person is in the company of a police officer for a purpose connected with the investigation of an offence or a possible offence—

   (a)if the police officer would not allow the young person to leave if the young person wished to do so or the young person is waiting at a place at the request of a police officer for such a purpose; and

   (b)whether or not the police officer reasonably believes that the young person has committed the offence and whether or not the young person is in lawful custody in respect of the offence.

   (3)However, for this division, a young person is not under restraint if the young person is in the company of—

   (a)a police officer by the roadside, whether or not the young person is in a motor vehicle, for a purpose connected with the investigation of an offence, other than a serious offence, arising out of the use of a motor vehicle; or

   (b)a police officer for the purpose of breath analysis, a screening test or the taking of a blood sample in accordance with the Road Transport (Alcohol and Drugs) Act 1977; or

   (c)an inspector, within the meaning of the Liquor Act 1975 for a purpose connected with the investigation of an offence against that Act, that the inspector reasonably believes was not committed by the young person.

   (4)Also, for this division, a young person is not under restraint if––

   (a)the young person is 16 years old or older; and

   (b)a police officer suspects on reasonable grounds that the young person has committed 1 of the following offences:

   (i)the Crimes Act 1900, section 120 (Defacing premises––strict liability);

   (ii)the Crimes Act 1900, section 393A (Urinating in public place);

   (iii)the Crimes Act 1900, section 394 (2) (Noise abatement directions);

   (iv)the Liquor Act 1975, section 139 (1) (Consumption of liquor in certain public places); and

   (c)the young person is in the company of the police officer for investigating whether to serve an infringement notice for the offence on the young person.

   Note 1A police officer may serve an infringement notice for an offence on a person if the officer believes on reasonable grounds that the person has committed the offence (see the Magistrates Court Act 1930, s 120).

   Note 2The Magistrates Court (Crimes Infringement Notices) Regulation 2008 provides that an infringement notice under the Magistrates Court Act 1930 may be issued for offences against the Crimes Act 1900, s 120, s 393A and s 394 (2).

   Note 3The Magistrates Court (Liquor Infringement Notices) Regulation 2008 provides that an infringement notice under the Magistrates Court Act 1930 may be issued for an offence against the Liquor Act 1975, s 139 (1).

   (5)Also, for this division, a young person is not under restraint if––

   (a)the young person is 16 years old or older; and

   (b)an inspector under the Liquor Act 1975 suspects on reasonable grounds that the young person has committed an offence against the Liquor Act 1975, section 139 (1); and

   (c)the young person is in the company of the inspector for investigating whether to serve an infringement notice for the offence on the young person.

   (6)Also, for this division, a young person is not under restraint if––

   (a)the young person is 16 years old or older; and

   (b)an authorised person under the Litter Act 2004 suspects on reasonable grounds that the young person has committed an offence against the Crimes Act 1900, section 120; and

   (c)the young person is in the company of the authorised person for investigating whether to serve an infringement notice for the offence on the young person.

   (7)Despite subsection (4), a young person is under restraint if––

   (a)the police officer decides not to serve an infringement notice for the offence on the young person; and

   (b)the young person is in the company of the police officer for the further investigation of the offence.

   (8)In this section:

   infringement notice––see the Magistrates Court Act 1930, section 117.

2. Committing an offence

   In this division, a reference to a young person who has committed an offence includes a reference to a young person who has committed an offence with another person or other people.

3. Interviewing young people

   (1)This section applies if a police officer—

   (a)suspects that a young person may have committed a serious offence or an offence against the person or property; or

   (b)reasonably believes that a young person may be implicated in the commission of such an offence; or

   (c)is holding a young person under restraint.

   (2)If this section applies, a police officer may not interview a young person in respect of an offence or cause the young person to do anything in relation to the investigation of an offence—

   (a)unless 1 of the following adults (who is not a police officer) is present:

   (i)a person with parental responsibility for the young person;

   (ii)a relative of the young person acceptable to the young person;

   (iii)a lawyer acting for the young person or some other suitable person acceptable to the young person; or

   (b)unless—

   (i)the police officer has taken reasonable steps to secure the presence of a person mentioned in paragraph (a); and

   (ii)it was not practicable for such a person to be present within 2 hours after the person was requested to be present; and

   (iii)someone else (who may be a police officer) who has not been involved with the investigation of the offence is present.

   (3)However, a police officer—

   (a)is not required—

   (i)to permit a person whom the police officer reasonably believes to be an accomplice of the young person in relation to the offence to be present while the young person is being interviewed, or is doing anything, in relation to the investigation of the offence; or

   (ii)to take steps to procure the presence of a person mentioned in subsection (2) (a) whom the police officer reasonably believes to be an accomplice of the young person in relation to the offence; and

   (b)may interview a young person, or ask or cause a young person to do a particular thing, if the police officer reasonably believes that it is necessary to do so without delay to avoid danger of the death of, or serious injury to, a person or serious damage to property.

   (4)In this section:

   accomplice includes a person whom the police officer reasonably believes to be likely to secrete, lose, destroy or fabricate evidence relating to the offence.

4. Notification of arrest

   If a police officer places a young person under restraint, the police officer must promptly—

   (a)take all reasonable steps to cause a person with parental responsibility for the young person to be notified, whether or not the person lives in the ACT; and

   (b)if the police officer is not an authorised officer, notify an authorised officer.

5. Limitations in relation to criminal proceedings against young people

   (1)A police officer may not institute a prosecution against a young person for an offence unless an authorised officer, being an officer not otherwise involved in the investigation of the alleged offence, has consented in writing to the institution of the prosecution and the consent has not been revoked.

   (2)Subsection (1) does not affect a requirement under another law to get consent to a prosecution.

   (3)In deciding whether he or she should consent to the prosecution of a young person, an authorised officer must have regard to the matters that seem to the officer to be relevant and, in particular, to each of the following:

   (a)the seriousness of the offence;

   (b)the evidence available as to the commission of the offence;

   (c)the circumstances in which the offence is alleged to have been committed;

   (d)whether the young person has previously been found guilty or convicted of an offence, whether against a law in force in the ACT or elsewhere, and the seriousness of that offence;

   (e)whether a warning has been given to the young person in the ACT by a police officer;

   (f)the age of the young person;

   (g)the apparent maturity of the young person;

   (h)the apparent mental capacity of the young person;

   (i)any apparent mental impairment of the young person and whether, as a consequence, it would be appropriate to refer the young person to the mental health tribunal;

   (j)whether the people with parental responsibility for the young person appear able and prepared to exercise effective discipline and control over the young person;

   (k)whether it would be sufficient to warn the young person, at a police station, at home or otherwise, against the commission of the same or similar offences;

   (l)the prevalence of the same or similar offences;

   (m)whether the prosecution would be likely to be harmful to the young person, or to be inappropriate, having regard to the personality of the young person, the circumstances of living of the young person or any other circumstances that the authorised officer considers should be taken into account.

   (4)The authorised officer may only consent to a prosecution if satisfied, after having considered the matters mentioned in subsection (3), that a prosecution is justified.

   (5)If the prosecution of the offence requires the consent of a person under another law, the authorised officer must—

   (a)make a recommendation with respect to the prosecution, having regard to the matters mentioned in subsection (3); and

   (b)forward his or her recommendation, together with the papers and other relevant material, to the person whose consent is required under the other law.

   (6)If an authorised officer consents to the prosecution of a young person whom the authorised officer knows or believes has not previously been convicted of an offence, whether against a law in force in the ACT or elsewhere, the authorised officer must record in writing his or her reasons for giving consent.

   (7)If a young person is under restraint, an authorised officer must, as soon as practicable, decide whether he or she will consent to a prosecution of the young person and, if the authorised officer does not consent, the young person must be released promptly.

   (8)A police officer may institute a prosecution against a young person without the consent of an authorised officer if—

   (a)the young person is licensed to drive a motor vehicle; and

   (b)the police officer reasonably believes that the young person has committed an offence arising out of the use of a motor vehicle.

6. Procedure by summons

   (1)A police officer may not charge a young person at a police station with an offence unless satisfied that proceeding by way of a summons would not be effective.

   (2)For that purpose, the police officer must have regard to the need to achieve the purposes stated in the Crimes Act 1900, section 212 (1) (b) (Power of arrest without warrant by police officers).

7. Charge against young person—informing person with parental responsibility

   (1)If a young person is charged at a police station with an offence, the person who charged the young person must promptly take all reasonable steps to give notice to a person with parental responsibility for the young person about—

   (a)the charge; and

   (b)the young person’s location; and

   (c)the time and place when the young person will be brought before the Childrens Court.

   (2)Subsection (1) applies whether or not the person with parental responsibility lives in the ACT.

8. Identifying material

   (1)In this section:

   identifying material, for a young person, means prints of his or her hands, fingers, feet or toes, recordings of his or her voice, photographs of him or her, samples of his or her handwriting or material from his or her body.

   police officer means the police officer for the time being in charge of a police station.

   (2)An authorised officer or a police officer may only take, or cause to be taken, identifying material of a young person if a magistrate has approved the taking of the identifying material.

   (3)Identifying material that consists of material from the body of a young person may only be taken in accordance with this section by a doctor.

   (4)However, if a young person is in lawful custody for an offence allegedly committed while the young person was 16 or 17 years old, an authorised officer or police officer may take prints of the young person’s fingers or photographs of the young person, or cause them to be taken, without a magistrate’s approval.

   (5)Subsection (4) does not apply if—

   (a)there are reasonable grounds for the authorised officer or police officer concerned to believe that the young person does not have sufficient mental capacity to understand what is being done to him or her; and

   (b)the young person has not been arrested and charged with the offence.

   (6)An authorised officer or a police officer may—

   (a)make application to a magistrate in person; or

   (b)if it is not practicable for the officer to do so—make application to a magistrate by telephone;

   for approval to take identifying material of a young person who is in lawful custody in relation to an offence or of a young person against whom a proceeding has been instituted by summons in relation to an offence.

   (7)The magistrate may, if he or she thinks it proper in the circumstances, give his or her approval, in writing, for the taking of stated identifying material and must send the written approval to the applicant.

   (8)If the magistrate tells the applicant by telephone of the magistrate’s approval, the applicant may proceed under the approval even though written approval has not been given.

   (9)Identifying material of a young person may only be taken under this section in the presence of—

   (a)a person with parental responsibility for the young person; or

   (b)if a person with parental responsibility for the young person is unavailable, or is unacceptable to the young person—someone else (other than a police officer within the meaning of section 76) who can represent the interests of the young person and who is, as far as is practicable in the circumstances, acceptable to the young person.

   (10)If identifying material of a young person is taken under this section otherwise than in the presence of a person with parental responsibility for the young person, the authorised officer or police officer concerned must, as soon as practicable, take all reasonable steps to tell a person with parental responsibility for the young person about the action taken.

84ADestruction of identifying material

(1)Identifying material taken under section 84 must be destroyed as soon as practicable if—

(a)1 year has elapsed since the material was taken; and

(b)a proceeding has not been begun in relation to an offence to which the material relates or, if such a proceeding has been begun, the proceeding has been discontinued.

(2)If identifying material of a young person has been taken under section 84 and—

(a)the young person is found to have committed an offence to which the identifying material relates, but no conviction is recorded; or

(b)the young person is acquitted of an offence to which the identifying material relates and—

(i)no appeal is made against the acquittal; or

(ii)an appeal is made against the acquittal, but the acquittal is confirmed or the appeal is withdrawn;

the identifying material must be destroyed as soon as practicable, unless an investigation or proceeding in relation to another offence to which the material relates is pending.

(3)On application by a police officer, a magistrate may, if satisfied that there are special reasons for doing so in relation to particular identifying material, extend—

(a)the period of 1 year mentioned in subsection (1); or

(b)that period as previously extended under this subsection.

(4)In this section:

identifying material—see section 84 (1).

1. Detention of young people generally

   (1)A young person who has been charged with an offence and is not admitted to bail must, as soon as practicable, be taken to a shelter, and detained there.

   (2)However, a young person may be taken to a correctional centre and detained there if it is appropriate to do so because of—

   (a)the actual or apprehended violent behaviour of the young person (whether in the shelter or elsewhere); or

   (b)the seriousness of the offence with which the young person is charged; or

   (c)an escape, or attempted escape, by the young person from lawful detention; or

   (d)another good reason.

   (3)A young person who requires medical attention may be taken to a hospital and, if the person in charge of the hospital consents, be detained in the hospital.

   (4)When a young person detained in a hospital is discharged from hospital, the young person must—

   (a)for a young person to whom subsection (2) applies—be taken to a correctional centre and detained there; or

   (b)in any other case—be taken to a shelter and detained there.

2. Exclusion of evidence unlawfully obtained

   (1)If, in a proceeding against a young person in respect of an offence, the Childrens Court is satisfied that evidence tendered to the court was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the young person, the court must refuse to admit the evidence in the proceeding unless satisfied that—

   (a)admission of the evidence is substantially in the public interest as regards the administration of criminal justice; and

   (b)public interest would outweigh any prejudice to the rights of a person, including the young person, that has occurred or is likely to occur as a result of the contravention or the admission of the evidence.

   (2)The matters to which the Childrens Court may have regard in deciding whether it should admit the evidence that was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the young person include—

   (a)the seriousness of the offence to which the evidence relates, the difficulty of detecting the offender, the need to apprehend the offender and the need to preserve evidence of the facts; and

   (b)the nature and seriousness of the contravention; and

   (c)the extent to which the evidence might have been lawfully obtained.

   (3)This section is in addition to, and not in substitution for, any other law or rule under which the Childrens Court may refuse to admit evidence.

3. Summary disposal of certain cases

   (1)Subject to this section and section 91 (Young person may elect to be committed for trial), the Childrens Court may hear and decide a charge against a young person summarily if—

   (a)the charge is an indictable offence; and

   (b)the court is of the opinion that the case can properly be disposed of summarily.

   (2)Subsection (1) does not apply to an offence that is punishable by imprisonment for life.

   (3)Before forming an opinion about whether a case can properly be disposed of summarily, the Childrens Court must have regard to the matters that it considers relevant and, in particular, to each of the following:

   (a)relevant representations made by the defendant;

   (b)relevant representations made by the prosecutor in the presence of the defendant;

   (c)the facts of the case;

   (d)the seriousness of the alleged offence;

   (e)the circumstances in which the offence is alleged to have been committed;

   (f)the age of the young person;

   (g)the apparent maturity of the young person;

   (h)the apparent mental capacity of the young person;

   (i)the suitability of the penalties that the court is empowered to impose;

   (j)the difficulty of any question of law that is likely to arise.

shelter—

(a)for the Act generally—means a place declared to be a shelter under section 412; and

(b)for chapter 13A—see section 401AB.

short care and protection order, for part 7.3 (Care and protection orders and emergency action)—see section 194.

signed agreement, for division 7.2.1 (Family group conferences)—see section 165.

special assessment means an assessment of a person that may include the matters mentioned in section 190.

specific issues order, for part 7.3 (Care and protection orders and emergency action)—see section 194.

State includes another Territory and in chapter 8 (Transfer of child care and protection orders and proceedings) includes New Zealand.

State Childrens Court, for chapter 8—see section 299.

State institution, for chapter 6 (Young offenders)—see section 65.

strip search, for chapter 13A—see section 401AB.

supervision order, in relation to a child or young person, means an order made by a court placing the child or young person under the supervision of—

(a)the chief executive or someone else designated by the chief executive; or

(b)a person named in the order;

for the period stated in the order.

supervisor, for a child or young person in relation to whom a probation order or a supervision order is in force, means the person under whose supervision the child or young person is placed by order.

suitable—see sections 47 (1) and 332.

suitable carer—see section 30.

therapeutic protection—see section 233.

therapeutic protection order means an order under section 235.

Torres Strait Islander means a person who—

(a)is a descendant of the indigenous inhabitants of the Torres Strait Islands; and

(b)    regards himself or herself as a Torres Strait Islander or, if he or she is a child or young person, is regarded as a Torres Strait Islander by a parent or kin.

transfer direction, for division 6.3.4 (Transfer between institutions)—see section 119.

transfer order, for part 6.3 (Interstate transfer)—see section 132.

under restraint, for division 6.2.2 (Criminal proceedings against young people)—see section 77.

voluntary care agreement, for division 7.2.2 (Voluntary care agreements), means an agreement entered into under section 182.

welfare body, for chapter 8 (Transfer of child care and protection orders and proceedings)—see section 299 (1) (Definitions for ch 8).

young child, for chapter 10 (Employment of children and young people), means someone who is not school-leaving age or older.

young offender—see section 64.

young person—

(a)for division 7.2.1 (Family group conferences)—see section 165; and

(b)see section 8.

youth detention centre, for chapter 13A—see section 401AB.

youth detention officer, for chapter 13A—see section 401AB.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Children and Young People Act 1999 No 63

   notified 10 November 1999 (Gaz 1999 No 45)
   s 1, s 2 commenced 10 November 1999 (IA s 10B))

   remainder commenced 10 May 2000 (IA s 10E)

   as modified by

   Children and Young People (Modification) Regulations 2000 No 37 (as am by SL 2000 No 49)

   notified 22 September 2000 (Gaz 2000 No s 57)

   commenced 22 September 2000 (reg 2)

   Children and Young People Regulations 2000 SL No 41 reg 7

   notified 12 October 2000 (Gaz 2000 No S 59)

   commenced 12 October 2000 (reg 2)

   as amended by

   Children and Young People Amendment Act 2000 No 11

   notified 6 April 2000 (Gaz 2000 No 14)
   s 1, s 2 commenced 6 April 2000 (s 2 (1))

   remainder commenced 10 May 2000 (s 2 (2))

   Statute Law Amendment Act 2000 No 80 amdt 3.2

   notified 21 December 2000 (Gaz 2000 No S69)

   commenced 21 December 2000 (s 2 (1))

   Children and Young People Amendment Act 2001 No 23

   notified 8 May 2001 (Gaz 2001 No S24)
   s 1, s 2 commenced 8 May 2001 (IA s 10B)
   remainder commenced 10 May 2001 (s 2)

   
   
   

   Legislation (Consequential Amendments) Act 2001 No 44 pt 58

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 58 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2001 (No 2) No 56 pt 3.7

   notified 5 September 2001 (Gaz 2001 No S65)
   s 1, s 2 commenced 5 September 2001 (s 2 (1))

   pt 3.7 commenced 5 September 2001 (s 2 (1))

   Crimes Legislation Amendment Act 2001 No 63 pt 2

   notified 10 September 2001 (Gaz 2001 No S66)
   s 1, s 2 commenced 10 September 2001 (IA s 10B)

   pt 2 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)

   Children and Young People Amendment Act 2001 (No 2) 2001 No 65

   notified 10 September 2001 (Gaz 2001 No S66)

   commenced 10 September 2001 (s 2)

   Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1

   notified LR 14 September 2001

   amdts commenced 14 September 2001 (s 2 (5))

   Protection Orders (Consequential Amendments) Act 2001 No 90 sch 1 pt 2

   notified LR 27 September 2001
   s 1, s 2 commenced 27 September 2001 (LA s 75)

   sch 1 pt 2 commenced 27 March 2002 (s 2, see the Protection Orders Act 2001, s 3 and LA s 79)

   Legislation Amendment Act 2002 No 11 pt 2.6

   notified LR 27 May 2002
   s 1, s 2 commenced 27 May 2002 (LA s 75)

   pt 2.6 commenced 28 May 2002 (s 2 (1))

   Workers Compensation (Acts of Terrorism) Amendment Act 2002 No 22 pt 1.1

   notified LR 28 June 2002
   s 1, s 2 commenced 28 June 2002 (LA s 75)

   pt 1.1 commenced 1 July 2002 (s 2)

   Justice and Community Safety Legislation Amendment Act 2002 No 27 pt 4

   notified LR 9 September 2002
   s 1, s 2 commenced 9 September 2002 (LA s 75)

   pt 4 commenced 10 September 2002 (s 2)

   Criminal Code 2002 No 51 pt 1.4

   notified LR 20 December 2002
   s 1, s 2 commenced 20 December 2002 (LA s 75)

   pt 1.4 commenced 1 January 2003 (s 2 (1))

   Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.4

   notified LR 27 March 2003
   s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

   sch 1 pt 1.4 commenced 28 March 2003 (s 2)

   Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.5

   notified LR 5 December 2003
   s 1, s 2 commenced 5 December 2003 (LA s 75 (1))

   sch 3 pt 3.5 commenced 19 December 2003 (s 2)

   Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.16

   notified LR 26 March 2004
   s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
   sch 2 pt 2.16 commenced 9 April 2004 (s 2 (1))

   
   
   

   Education Act 2004 A2004-17 sch 2 pt 2.2

   notified LR 8 April 2004
   s 1, s 2 commenced 8 April 2004 (LA s 75 (1))
   sch 2 pt 2.2 commenced 1 January 2005 (s 2)

   
   
   

   Health Professionals Legislation Amendment Act 2004 A2004-39 sch 6 pt 6.2

   notified LR 8 July 2004
   s 1, s 2 commenced 8 July 2004 (LA s 75 (1))

   
   

   sch 6 pt 6.2 commenced 17 January 2006 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1) and CN2006-2)

   Criminal Code (Serious Drug Offences) Amendment Act 2004

   
   

   A2004-56 sch 1 pt 1.2

   notified LR 6 September 2004
   s 1, s 2 commenced 6 September 2004 (LA s 75 (1))
   sch 1 pt 1.2 commenced 6 March 2005 (s 2 and LA s 79)

   
   
   

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.6

   notified LR 2 September 2004
   s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

   
   

   sch 1 pt 1.6 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

   Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.2

   notified LR 24 March 2005
   s 1, s 2 commenced 24 March 2005 (LA s 75 (1))

   
   

   sch 1 pt 1.2 commenced 25 March 2005 (s 2)

   Children and Young People Amendment Act 2005 A2005-33

   notified LR 1 July 2005
   s 1, s 2 commenced 1 July 2005 (LA s 75 (1))

   
   

   remainder commenced 2 July 2005 (s 2)

   Public Advocate Act 2005 A2005-47 sch 1 pt 1.2 (as am by A2006-3 amdt 1.8)

   notified LR 2 September 2005
   s 1, s 2 commenced 2 September 2005 (LA s 75 (1))
   sch 1 pt 1.2 commenced 1 March 2006 (s 2 (1) as am by A2006-3 amdt 1.8))

   
   
   

   Mental Health (Treatment and Care) Amendment Act 2005 A2005-48 sch 1 pt 1.1

   notified LR 6 September 2005
   s 1, s 2 commenced 6 September 2005 (LA s 75 (1))

   sch 1 pt 1.1 commenced 7 September 2005 (s 2)

   Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.2

   notified LR 26 October2005
   s 1, s 2 commenced 26 October 2005 (LA s 75 (1))

   sch 1 pt 1.2 commenced 23 November 2005 (s 2)

   Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.3

   notified LR 1 December 2005
   s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))

   sch 1 pt 1.3 commenced 22 December 2005 (s 2 (4))

   Human Rights Commission Legislation Amendment Act 2006

   
   

   A2006-3 amdt 1.8

   notified LR 22 February 2006
   s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
   amdt 1.8 commenced 23 February 2006 (s 2)

   
   
   

   NoteThis Act only amends the Public Advocate Act 2005 A2005-47

   Children and Young People Amendment Act 2006 A2006-6

   notified LR 16 March 2006
   s 1, s 2 commenced 16 March 2006 (LA s 75 (1))
   s 17 commenced 7 July 2006 (s 2 and CN2006-16)
   s 19, s 21 commenced 1 July 2006 (s 2 and CN2006-9)
   s 23 commenced 30 March 2006 (s 2 and CN2006-3)
   remainder commenced 1 August 2006 (s 2 and CN2006-9)

   
   
   
   
   
   

   Criminal Code (Mental Impairment) Amendment Act 2006 A2006-14 sch 1 pt 1.1

   notified LR 6 April 2006
   s 1, s 2 commenced 6 April 2006 (LA s 75 (1))

   sch 1 pt 1.1 commenced 7 April 2006 (s 2)

   Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.3

   notified LR 18 May 2006
   s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

   sch 1 pt 1.3 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

   Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.7

   notified LR 28 September 2006
   s 1, s 2 commenced 28 September 2006 (LA s 75 (1))

   sch 2 pt 2.7 commenced 29 September 2006 (s 2 (1))

   Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.4

   notified LR 26 October 2006
   s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))

   sch 3 pt 3.4 commenced 16 November 2006 (s 2 (1))

   Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.2

   notified LR 17 November 2006
   s 1, s 2 commenced 17 November 2006 (LA s 75 (1))

   sch 2 pt 2.2 commenced 18 November 2006 (s 2 (1))

   Children and Young People Amendment Act 2006 (No 2) A2006-52

   notified LR 27 November 2006
   s 1, s 2 commenced 27 November 2006 (LA s 75 (1))

   remainder commenced 28 November 2006 (s 2)

   Children and Young People Amendment Act 2007 A2007-4

   notified LR 20 March 2007
   s 1, s 2 commenced 20 March 2007 (LA s 75 (1))
   s 3 commenced 25 July 2007 (LA s 75AA)
   ss 4-10, 13-15 commenced 25 July 2007 (s 2 and CN2007-9)

   remainder commenced 20 September 2007 (s 2 and LA s 79)

   Crimes Amendment Act 2008 A2008-6 pt 2

   notified LR 15 April 2008
   s 1, s 2 commenced 15 April 2008 (LA s 75 (1))

   pt 2 commenced 16 April 2008 (s 2)

   Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 2 pt 2.2, sch 3 pt 3.4

   notified LR 17 July 2008
   s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
   s 3 commenced 18 July 2008 (s 2 (1))
   sch 2 pt 2.2 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)

   sch 3 pt 3.4 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)

   Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.3

   notified LR 14 August 2008
   s 1, s 2 commenced 14 August 2008 (LA s 75 (1))

   sch 2 pt 2.3 commenced 14 February 2009 (s 2 and LA s 79)

   as repealed by

   Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 5 pt 5.3

   notified LR 17 July 2008
   s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
   s 4 commenced 18 July 2008 (s 2 (1))

   sch 5 pt 5.3 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))

2. Amendment history

   Introductory

   pt 1.1 hdg(prev ch 1 pt 1 hdg) renum 2001 No 65 s 4

   Name of Act

   s 1sub A2003-56 amdt 3.19

   Interpretation

   pt 1.2 hdg(prev ch 1 pt 2 hdg) renum 2001 No 65 s 4

   Dictionary

   s 2om 2001 No 44 amdt 1.660

   ins A2003-56 amdt 3.20

   am A2008-26 amdt 2.4

   Notes

   s 3sub A2003-56 amdt 3.20

   Offences against Act—application of Criminal Code etc

   s 3Ains A2007-4 s 4

   Application of the Act

   pt 1.3 hdg(prev ch 1 pt 3 hdg) renum 2001 No 65 s 4

   Children and young people to whom Act applies

   s 9am A2003-56 amdt 3.21; A2007-4 s 5

   General objects

   pt 2.1 hdg(prev ch 2 pt 1 hdg) renum 2001 No 65 s 4

   Principles applying to the Act

   pt 2.2 hdg(prev ch 2 pt 2 hdg) renum 2001 No 65 s 4

   Best interests of child or young person paramount consideration

   s 11sub A2006-6 s 4

   General principles

   s 12am A2006-6 s 5; pars renum R35 LA

   Indigenous children and young people principle

   s 14 hdgsub A2006-6 s 6

   s 14am A2006-6 s 6

   Indigenous placement principle

   s 15am A2006-6 s 7, s 8

   om A2008-20 amdt 3.5

   Parental responsibility

   pt 2.3 hdg(prev ch 2 pt 3 hdg) renum 2001 No 65 s 4

   om A2008-20 amdt 3.6

   Meaning of court order for pt 2.3

   s 16om A2008-20 amdt 3.6

   What is parental responsibility?

   s 17am A2003-56 amdt 3.22

   om A2008-20 amdt 3.6

   Who has parental responsibility?

   s 18om A2008-20 amdt 3.6

   Who can exercise parental responsibility for a child or young person?

   s 19om A2008-20 amdt 3.6

   Parental responsibility for day-to-day care, welfare and development

   s 20om A2008-20 amdt 3.6

   Parental responsibility for long-term care, welfare and development

   s 21om A2008-20 amdt 3.6

   Ch 6 and ch 7—general representation of child or young person

   s 23am A2003-56 amdt 3.23, amdt 3.126

   Ch 6, ch 7 and ch 8—legal representation of child or young person

   s 24am A2003-56 amdt 3.126

   Applications may be heard together

   s 25am A2003-56 amdt 3.126

   Chief executive

   pt 4.1 hdg(prev ch 4 pt 1 hdg) renum 2001 No 65 s 4

   Chief executive’s functions

   s 26 hdgsub A2003-56 amdt 3.24

   s 26am A2003-56 amdt 3.24, amdt 3.25

   Power to give and receive information

   s 29om A2008-20 amdt 3.7

   Power to enter agreements for general exercise of parental responsibility

   s 30om A2008-20 amdt 3.7

   Authorisation to exercise parental responsibility for particular child or young person

   s 31om A2008-20 amdt 3.7

   Monitoring children and young people for whom chief executive has parental responsibility

   s 32om A2008-20 amdt 3.7

   After care assistance

   s 33om A2008-20 amdt 3.7

   Delegation by chief executive

   s 34sub A2003-56 amdt 3.26

   Childrens services council

   pt 4.2 hdg(prev ch 4 pt 2 hdg) renum 2001 No 65 s 4

   Members of the council

   s 36am A2003-56 amdt 3.27; A2006-6 s 9

   Ending of appointments

   s 39 hdgsub A2003-56 amdt 3.28

   s 39am A2003-56 amdt 3.29

   Advice and assistance by chief executive and public advocate

   s 40 hdgam A2005-47 amdt 1.7

   s 40am A2005-47 amdt 1.7

   Other officials

   pt 4.3 hdg(prev ch 4 pt 3 hdg) renum 2001 No 65 s 4

   Official visitor

   s 41am A2003-56 amdt 3.30-3.32; ss renum R12 LA (see A2003‑56 amdt 3.33)

   om A2008-20 amdt 3.8

   Functions of official visitor

   s 42am A2005-47 amdt 1.7

   om A2008-20 amdt 3.8

   Making and hearing complaints

   s 43om A2008-20 amdt 3.8

   No requirement to investigate complaint

   s 44am A2005-47 amdt 1.7

   om A2008-20 amdt 3.8

   Assistance for public advocate

   s 45 hdgam A2005-47 amdt 1.7

   s 45am A2005-47 amdt 1.7

   Giving information protected

   s 46am A2005-47 amdt 1.7

   Suitable entities

   s 47am A2004-56 amdt 1.5; A2008-26 amdt 2.5

   Appointment of officers

   s 48sub A2003-56 amdt 3.34

   (2)-(4) exp 19 December 2004 (s 48 (4))

   Restriction on assignment to act as Childrens Court Magistrate

   s 51am A2003-56 amdt 3.35

   Arrangement of business of Childrens Court

   s 52sub 2002 No 27 s 14

   Childrens Court

   s 53sub 2002 No 27 s 14

   am A2005-60 amdt 1.10

   Assignment of other magistrates to deal with Childrens Court matters

   s 53Ains 2002 No 27 s 14

   am A2006-40 amdt 2.60

   Completion of part-heard matters

   s 53Bins 2002 No 27 s 14

   General jurisdiction of Childrens Court

   s 54am A2003-56 amdt 3.126

   Procedure of Childrens Court

   s 56am 2001 No 44 amdts 1.661-1.663; A2003-56 amdt 3.126

   sub A2004-60 amdt 1.17

   Matters before Childrens Court

   s 57am A2003-56 amdt 3.126

   Approval of forms for Childrens Court

   s 58sub 2001 No 44 amdt 1.664

   om A2004-60 amdt 1.18

   Orders about service

   s 59am A2003-56 amdt 3.126

   Attendance of parents at court

   s 60am A2003-56 amdt 3.126

   Proceedings not open to public

   s 61am A2003-56 amdt 3.126; A2005-47 amdt 1.7

   Restriction on publication of certain identifying material from proceedings

   s 61Ains 2001 No 70 amdt 1.1

   Childrens Court may excuse parties from attendance

   s 62 hdgam A2003-56 amdt 3.126

   s 62am A2003-56 amdt 3.126

   Interpretation for chapter 6

   pt 6.1 hdg(prev ch 6 pt 1 hdg) renum 2001 No 65 s 4

   sub A2003-56 amdt 3.36

   Definitions for ch 6

   s 63def fine sub A2004-60 amdt 1.19

   def outstanding fine sub A2004-60 amdt 1.20

   Dealing with young offenders in ACT

   pt 6.2 hdg(prev ch 6 pt 2 hdg) renum 2001 No 65 s 4

   sub A2003-56 amdt 3.37

   General provisions for part 6.2

   div 6.2.1 hdg        (prev ch 6 pt 2 div 1 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   sub A2003-56 amdt 3.38

   Principles

   s 68am A2006-6 s 10; pars renum R35 LA

   om A2008-20 amdt 2.4

   Decisions about criminal jurisdiction by reference to age

   s 69am A2003-56 amdt 3.126

   Age of criminal responsibility

   s 71am 2000 No 11 s 4

   om 2002 No 51 amdt 1.5

   Power to apprehend under-age children

   s 72am 2000 No 11 s 5; 2002 No 51 amdt 1.6

   Care and protection considerations

   s 75am A2003-56 amdt 3.126; A2005-47 amdt 1.7

   Criminal proceedings against young people

   div 6.2.2 hdg        (prev ch 6 pt 2 div 2 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   Definitions for div 6.2.2

   s 76def authorised officer sub 2001 No 63 s 4

   def police officer sub A2006-23 amdt 1.16

   Meaning of under restraint

   s 77am A2008-6 s 4

   Interviewing young people

   s 79am A2003-56 amdt 3.39

   Limitations in relation to criminal proceedings against young people

   s 81am A2006-14 amdt 1.1

   Charge against young person—informing person with parental responsibility

   s 83am A2003-56 amdt 3.126

   Identifying material

   s 84am 2001 No 63 s 5, s 6; R3 LA (see 2001 No 63 s 7)

   Destruction of identifying material

   s 84Ains 2001 No 73 s 8

   Detention of young people generally

   s 85 hdgsub A2003-56 amdt 3.40

   s 85am A2003-56 amdt 3.41; A2006-23 amdt 1.17

   Taking young person to and from court

   s 85Ains A2003-56 amdt 3.42

   om A2008-20 amdt 2.5

   Private property

   s 86om A2008-20 amdt 2.5

   Bringing arrested young people before Childrens Court

   s 87 hdgam A2003-56 amdt 3.126

   s 87am A2003-56 amdt 3.126; A2006-23 amdt 1.18

   om A2008-20 amdt 2.5

   Exclusion of evidence unlawfully obtained

   s 88am A2003-56 amdt 3.43, amdt 3.126

   Summary disposal of certain cases

   s 89am A2003-56 amdt 3.44, amdt 3.126

   Committal for trial in certain cases

   s 90sub A2003-56 amdt 3.45

   Young person may elect to be committed for trial

   s 91am A2003-56 amdt 3.126

   Transfer to the mental health tribunal

   s 95am A2003-56 amdt 3.126; A2006-14 amdt 1.2, amdt 1.3; A2006-23 amdt 1.19

   Disposition of young offenders

   div 6.2.3 hdg        (prev ch 6 pt 2 div 3 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   Disposition of young offenders

   s 96am A2003-56 amdt 3.126

   Early release

   s 97am A2003-56 amdt 3.126

   Disposition without proceeding to conviction

   s 98sub A2003-56 amdt 3.46

   Prohibition on certain orders

   s 99am A2003-56 amdt 3.126; A2006-23 amdt 1.20

   Variation or revocation of conditional discharge order

   s 100am A2003-56 amdt 3.126

   Fines and similar orders

   s 101am A2003-56 amdt 3.126

   Enforcement of payment of fines etc

   s 102am A2003-56 amdt 3.126; A2004-60 amdt 1.21; A2006-23 amdt 1.21, amdt 1.22; A2008-6 s 5

   Breach of certain orders for reparation or compensation

   s 103sub A2003-56 amdt 3.47

   Probation orders

   s 104am A2003-56 amdt 3.48, amdt 3.126

   Probation orders—entry and inspection by supervisor

   s 105am A2003-56 amdt 3.49, amdt 3.50

   Issue of warrant to enter and inspect

   s 105Ains A2003-56 amdt 3.51

   Community service orders

   s 106am A2003-56 amdt 3.126

   Duties of young offender under community service order

   s 107am A2003-56 amdt 3.126

   Contravention of community service and conditional discharge orders

   s 109am A2003-56 amdt 3.126

   Attendance centre orders

   s 110am A2003-56 amdt 3.126

   Duties of young person under attendance centre order

   s 111am A2003-56 amdt 3.126

   Compensation

   s 113om 2002 No 22 amdt 1.1

   Residential orders

   s 114am A2003-56 amdt 3.126

   Contravention of probation, community service, attendance centre or residential orders

   s 116am A2003-56 amdt 3.126

   Revocation and variation of certain orders

   s 117am A2003-56 amdt 3.126; A2005-47 amdt 1.7

   Referral to mental health tribunal following conviction

   s 118am A2003-56 amdt 3.126; A2006-14 amdt 1.4

   Transfer between institutions

   div 6.2.4 hdg        (prev ch 6 pt 2 div 4 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   om A2008-20 amdt 2.6

   Meaning of transfer direction

   s 119om A2008-20 amdt 2.6

   Transfer directions

   s 120am A2006-23 amdt 1.23

   om A2008-20 amdt 2.6

   Reporting transfers

   s 121am A2005-47 amdt 1.7

   om A2008-20 amdt 2.6

   Temporary custody before transfer between institutions

   s 122sub A2006-23 amdt 1.24

   om A2008-20 amdt 2.6

   Miscellaneous

   div 6.2.5 hdg        (prev ch 6 pt 2 div 5 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   Adjournment of criminal proceedings

   s 124am A2003-56 amdt 3.126; A2006-23 amdt 1.25

   Placing in shelter or correctional centre

   s 125am A2003-56 amdt 3.126

   sub A2006-23 amdt 1.26

   Young people in correctional centres

   s 126sub A2006-23 amdt 1.26

   om A2008-20 amdt 2.7

   Remission of time to be spent in institution

   s 127am A2003-56 amdt 3.126

   Special purpose leave

   s 128am A2003-56 amdt 3.126

   om A2008-20 amdt 2.7

   Medical examinations and surgical operations

   s 129om A2008-20 amdt 2.7

   Royal prerogative of mercy not affected

   s 131am A2006-23 amdt 1.27

   Interstate transfer

   pt 6.3 hdg(prev ch 6 pt 3 hdg) renum 2001 No 65 s 4

   om A2008-20 amdt 2.8

   Interstate transfer generally

   div 6.3.1 hdg        (prev ch 6 pt 3 div 1 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   om A2008-20 amdt 2.8

   Definitions for pt 6.3

   s 132om A2008-20 amdt 2.8

   def arrangement om A2008-20 amdt 2.8

   def escort om A2008-20 amdt 2.8

   def person responsible om A2008-20 amdt 2.8

   def receiving State om A2008-20 amdt 2.8

   def sending State om A2008-20 amdt 2.8

   def transfer order om A2008-20 amdt 2.8

   General agreements with other jurisdictions

   s 133om A2008-20 amdt 2.8

   Arrangements for transfer—general

   s 134om A2008-20 amdt 2.8

   Power to arrange for transfers

   s 135am A2003-56 amdt 3.126

   om A2008-20 amdt 2.8

   Arrangement not to be made if facilities not adequate

   s 136om A2008-20 amdt 2.8

   Provisions to be contained in each arrangement

   s 137om A2008-20 amdt 2.8

   Reporting of transfers

   s 138am A2005-47 amdt 1.7

   om A2008-20 amdt 2.8

   Transfer order

   s 139am A2003-56 amdt 3.52; A2006-23 amdt 1.28

   om A2008-20 amdt 2.8

   Temporary custody pending interstate transfer

   s 140sub A2006-23 amdt 1.29

   om A2008-20 amdt 2.8

   Transfer to ACT in temporary control of escort

   s 141om A2008-20 amdt 2.8

   Escape from temporary control of young offender being transferred from ACT

   s 142om A2008-20 amdt 2.8

   Transfer of sentence or order

   div 6.3.2 hdg        (prev ch 6 pt 3 div 2 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   om A2008-20 amdt 2.8

   Transfer from ACT of sentence or order

   s 143om A2008-20 amdt 2.8

   Transfer to ACT of sentence or order

   s 144om A2008-20 amdt 2.8

   Transit through Territory

   div 6.3.3 hdg        (prev ch 6 pt 3 div 3 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   om A2008-20 amdt 2.8

   Lawful custody for transit through ACT

   s 145om A2008-20 amdt 2.8

   Escape from temporary control

   s 146am A2003-56 amdt 3.53

   om A2008-20 amdt 2.8

   Search warrants

   s 147om A2008-20 amdt 2.8

   Revocation of transfer orders

   div 6.3.4 hdg        (prev ch 6 pt 3 div 4 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   om A2008-20 amdt 2.8

   Revocation of transfer order on escape from temporary control

   s 148am A2003-56 amdt 3.126

   om A2008-20 amdt 2.8

   Revocation of transfer order by chief executive

   s 149om A2008-20 amdt 2.8

   Reports etc

   s 150om A2008-20 amdt 2.8

   Children and young people in need of care and protection

   ch 7 hdgom A2008-20 amdt 3.9

   General

   pt 7.1 hdg(prev ch 7 pt 1 hdg) renum 2001 No 65 s 4

   om A2008-20 amdt 3.9

   Preliminary

   div 7.1.1 hdg        (prev ch 7 pt 1 div 1 hdg) renum R2 LA (see also 2001 No 90 amdt 1.13)

   om A2008-20 amdt 3.9

   What is abuse?

   s 151am 2001 No 90 amdt 1.14; A2005-13 amdt 1.9

   sub A2006-6 s 11

   om A2008-20 amdt 3.9

   What is neglect?

   s 151Ains A2006-6 s 11

   om A2008-20 amdt 3.9

   When is a child or young person at risk of abuse or neglect?

   s 151Bins A2006-6 s 11

   om A2008-20 amdt 3.9

   Meaning of contact

   s 152om A2008-20 amdt 3.9

   Meaning of former caregiver

   s 153am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Person apparently a child or young person

   s 154am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Chapter ceases applying when young person becomes adult

   s 155om A2008-20 amdt 3.9

   Helping families understand care and protection procedures

   s 155Ains A2006-6 s 12

   om A2008-20 amdt 3.9

   Abuse and neglect

   div 7.1.2 hdg        (prev ch 7 pt 1 div 2 hdg) renum R2 LA (see also 2001 No 90 amdt 1.15)

   om A2008-20 amdt 3.9

   In need of care and protection

   s 156am A2006-6 s 13

   om A2008-20 amdt 3.9

   Incident need not have happened in ACT

   s 157sub A2006-6 s 14

   om A2008-20 amdt 3.9

   Prenatal reporting—anticipated abuse or neglect

   s 157Ains A2007-4 s 6

   om A2008-20 amdt 3.9

   Voluntary reporting

   s 158om A2008-20 amdt 3.9

   Mandatory reporting

   s 159am A2003-56 amdt 3.54; A2004-39 amdt 6.2; A2005-47 amdt 1.7; A2006-6 s 15, s 16; A2006-46 amdt 2.2; pars renum R38 LA

   om A2008-20 amdt 3.9

   Dishonest reports—offence

   s 160sub A2007-4 s 7

   om A2008-20 amdt 3.9

   Action on report

   s 161om A2008-20 amdt 3.9

   Chief executive must record reports

   s 162am A2005-47 amdt 1.7

   sub A2006-6 s 17; A2007-4 s 8

   om A2008-20 amdt 3.9

   Protection of people making reports

   s 163am A2003-56 amdt 3.55, amdt 3.126; A2007-4 s 9

   om A2008-20 amdt 3.9

   Protection of public advocate and person providing information to public advocate

   s 164 hdgam A2005-47 amdt 1.7

   s 164am A2005-47 amdt 1.7; A2007-4 s 10

   om A2008-20 amdt 3.9

   Voluntary action

   pt 7.2 hdg(prev ch 7 pt 2 hdg) renum 2001 No 65 s 4

   om A2008-20 amdt 3.9

   Family group conferences

   div 7.2.1 hdg        (prev ch 7 pt 2 div 1 hdg) renum R2 LA (see also 2001 No 90 amdt 1.15)

   om A2008-20 amdt 3.9

   Definitions for div 7.2.1

   s 165om A2008-20 amdt 3.9

   def child om A2008-20 amdt 3.9

   def conference om A2008-20 amdt 3.9

   def participant om A2008-20 amdt 3.9

   def signed agreement om A2008-20 amdt 3.9

   def young person om A2008-20 amdt 3.9

   Facilitators

   s 166sub 2001 No 44 amdt 1.665

   am A2003-56 amdt 3.56, amdt 3.57

   om A2008-20 amdt 3.9

   Register

   s 167om A2008-20 amdt 3.9

   Purpose of conferences

   s 168om A2008-20 amdt 3.9

   Action by facilitator

   s 169am A2006-6 s 18

   om A2008-20 amdt 3.9

   Financial assistance

   s 170om A2008-20 amdt 3.9

   Conduct of conference

   s 171om A2008-20 amdt 3.9

   Agreements arising from conferences

   s 172pars renum R35 LA

   om A2008-20 amdt 3.9

   Outcome of conference

   s 173om A2008-20 amdt 3.9

   Action by chief executive

   s 174am A2003-56 amdt 3.58

   om A2008-20 amdt 3.9

   Application for registration

   s 175am 2001 No 44 amdt 1.666, amdt 1.667; A2003-56 amdt 3.59; ss renum R12 LA (see A2003-56 amdt 3.60); A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   Registration of agreements

   s 176am A2003-56 amdt 3.126; A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   Effect of registration

   s 177am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Review of arrangements for care and protection of child or young person

   s 178am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   People with parental responsibility who cannot be found

   s 179om A2008-20 amdt 3.9

   Publication of information about conferences

   s 180om A2008-20 amdt 3.9

   Voluntary care agreements

   div 7.2.2 hdg        (prev ch 7 pt 2 div 2 hdg) renum R2 LA (see also 2001 No 90 amdt 1.15)

   om A2008-20 amdt 3.9

   Meaning of party

   s 181om A2008-20 amdt 3.9

   Voluntary care agreements

   s 182om A2008-20 amdt 3.9

   Extending voluntary care agreements

   s 183om A2008-20 amdt 3.9

   Longer agreements allowed for certain young people

   s 184om A2008-20 amdt 3.9

   Agreements not void

   s 185om A2008-20 amdt 3.9

   Early termination

   s 186om A2008-20 amdt 3.9

   Action on expiration or termination

   s 187am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Parental contributions

   s 188om A2008-20 amdt 3.9

   Appraisal and assessment

   div 7.2.3 hdg        (prev ch 7 pt 2 div 3 hdg) renum R2 LA (see also 2001 No 90 amdt 1.15)

   om A2008-20 amdt 3.9

   Child protection appraisals

   s 189om A2008-20 amdt 3.9

   Public advocate to be told about some incidents

   s 189Ains A2006-6 s 19

   om A2008-20 amdt 3.9

   Special assessment

   s 190om A2008-20 amdt 3.9

   Restrictions on special assessment of children and young people

   s 191om A2008-20 amdt 3.9

   Assistance with assessment

   s 192am 2002 No 11 amdt 2.12, amdt 2.13; ss renum R7 LA; A2003-56 amdt 3.61

   om A2008-20 amdt 3.9

   Report

   s 193am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Care and protection orders and emergency action

   pt 7.3 hdg(prev ch 7 pt 3) renum 2001 No 65 s 4

   om A2008-20 amdt 3.9

   General

   div 7.3.1 hdg        (prev ch 7 pt 3 div 1 hdg) renum R2 LA (see also 2001 No 90 amdt 1.15)

   om A2008-20 amdt 3.9

   Definitions for ch 7

   s 194om A2008-20 amdt 3.9

   def care and protection application om A2008-20 amdt 3.9

   def care and protection order om A2008-20 amdt 3.9

   def final care and protection order sub 2001 No 90 amdt 1.16

   om A2008-20 amdt 3.9

   def final protection order ins 2001 No 90 amdt 1.17

   am A2005-13 amdt 1.10

   om A2008-20 amdt 3.9

   def interim protection order ins 2001 No 90 amdt 1.17

   am A2005-13 amdt 1.10

   om A2008-20 amdt 3.9

   def residence order om A2008-20 amdt 3.9

   def short care and protection order om A2008-20 amdt 3.9

   def specific issues order om A2008-20 amdt 3.9

   def therapeutic protection order om A2008-20 amdt 3.9

   Basis for orders

   s 195om A2008-20 amdt 3.9

   Applications by other people

   s 196am A2003-56 amdt 3.62, amdt 3.126; A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   Burden of proof

   s 197om A2008-20 amdt 3.9

   Information not required to be disclosed

   s 198om A2008-20 amdt 3.9

   Orders in relation to third parties

   s 199am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Contents of care and protection applications

   s 200om A2008-20 amdt 3.9

   Cross-applications for care and protection orders

   s 201am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Restriction on leave to cross apply

   s 202am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Interim care and protection orders

   s 203am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Court order not limited by terms of care and protection application

   s 204am A2003-56 amdt 3.63

   om A2008-20 amdt 3.9

   When Childrens Court may make interim protection order

   s 205 hdgsub A2003-56 amdt 3.64

   s 205sub 2001 No 90 amdt 1.18

   am A2003-56 amdt 3.126; A2005-13 amdt 1.11; A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   When Childrens Court may make final protection order

   s 205A hdgsub A2003-56 amdt 3.65

   s 205Ains 2001 No 90 amdt 1.18

   am A2003-56 amdt 3.126; A2005-13 amdts 1.12-1.14; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Can someone apply for protection order if no care and protection proceedings?

   s 205Bins 2001 No 90 amdt 1.18

   am A2005-13 amdt 1.15

   om A2008-20 amdt 3.9

   What is effect of making protection order under this Act?

   s 205Cins 2001 No 90 amdt 1.18

   am A2005-13 amdts 1.16-1.18; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Contact orders

   s 206am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Residence orders

   s 207am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Temporary absence

   s 208om A2008-20 amdt 3.9

   Supervision order

   s 209om A2008-20 amdt 3.9

   Failure to comply with care and protection orders

   s 210om A2008-20 amdt 3.9

   Short care and protection orders

   div 7.3.2 hdg        (prev ch 7 pt 3 div 2 hdg) renum R2 LA (see also 2001 No 90 amdt 1.19)

   om A2008-20 amdt 3.9

   Initial consideration of applications

   s 211am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Consideration of applications

   s 212am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Period of effect of short care and protection orders

   s 213om A2008-20 amdt 3.9

   Extension, variation or revocation of orders

   s 214am A2003-56 amdt 3.66, amdt 3.126

   om A2008-20 amdt 3.9

   Assessment orders

   div 7.3.3 hdg        (prev ch 7 pt 3 div 3hdg) renum R2 LA (see also 2001 No 90 amdt 1.19)

   om A2008-20 amdt 3.9

   Applications for assessment orders

   s 215am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Cross applications on assessment orders

   s 216om A2008-20 amdt 3.9

   Assessment orders

   s 217am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Restrictions on making assessment orders

   s 218am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Assistance with assessment

   s 219om A2008-20 amdt 3.9

   Report

   s 220am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Childrens Court may act on recommendations

   s 221am A2003-56 amdt 3.67

   om A2008-20 amdt 3.9

   Emergency action

   div 7.3.4 hdg        (prev ch 7 pt 3 div 4 hdg) renum R2 LA (see also 2001 No 90 amdt 1.19)

   om A2008-20 amdt 3.9

   Taking emergency action

   s 222om A2008-20 amdt 3.9

   Emergency action by police officer

   s 223om A2008-20 amdt 3.9

   Parental responsibility following emergency action

   s 224om A2008-20 amdt 3.9

   Keeping and losing parental responsibility

   s 225am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Notice of emergency action

   s 226am A2003-56 amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Action by chief executive

   s 227om A2008-20 amdt 3.9

   Early initial consideration of care and protection application

   s 228am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Contact with siblings and people with parental responsibility

   s 229om A2008-20 amdt 3.9

   Record of action

   s 230om A2008-20 amdt 3.9

   Application for release of child or young person

   s 231am A2003-56 amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Therapeutic protection orders

   div 7.3.5 hdg        (prev ch 7 pt 3 div 5 hdg) renum R2 LA (see also 2001 No 90 amdt 1.19)

   om A2008-20 amdt 3.9

   Effect of div 7.3.5 on other powers of chief executive

   s 232om A2008-20 amdt 3.9

   What is therapeutic protection?

   s 233om A2008-20 amdt 3.9

   Restriction on provision of therapeutic protection

   s 234om A2008-20 amdt 3.9

   Therapeutic protection orders

   s 235am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Restriction on making, varying and extending

   s 236am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Action by chief executive under therapeutic protection order

   s 237om A2008-20 amdt 3.9

   Restriction on cross-application

   s 238om A2008-20 amdt 3.9

   Application for variation or revocation of therapeutic protection order

   s 239am A2003-56 amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Time for hearing and deciding applications

   s 240am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Limitations on restricting contac

   s 241am A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   Separation of children and young people from offenders

   s 242om A2008-20 amdt 3.9

   Provision of schedule of therapeutic protection

   s 243am A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   Therapeutic protection order made as final care and protection order

   s 244om A2008-20 amdt 3.9

   Review

   s 245am 2000 No 80 amdt 3.2

   om A2008-20 amdt 3.9

   Specific issues orders

   div 7.3.6 hdg        (prev ch 7 pt 3 div 6 hdg) renum R2 LA (see also 2001 No 90 amdt 1.19)

   om A2008-20 amdt 3.9

   Specific issues orders

   s 246am A2003-56 amdt 3.126; A2006-14 amdt 1.5

   om A2008-20 amdt 3.9

   Restriction on cross-application

   s 247om A2008-20 amdt 3.9

   Notice of making, varying or extending certain specific issues orders

   s 248am A2003-56 amdt 3.68, amdt 3.69, amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Final care and protection orders

   div 7.3.7 hdg        (prev ch 7 pt 3 div 7 hdg) renum R2 LA (see also 2001 No 90 amdt 1.19)

   om A2008-20 amdt 3.9

   Initial consideration of applications

   s 249am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Restriction on cross-application

   s 250om A2008-20 amdt 3.9

   Before application adjourned

   s 251am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Court-ordered meeting

   s 252am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Variation of interim orders

   s 253am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Appeal from assessment and specific issues interim orders

   s 254am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Final care and protection orders

   s 255am 2001 No 90 amdt 1.20; A2003-56 amdt 3.126; A2006-14 amdt 1.6

   om A2008-20 amdt 3.9

   Therapeutic protection order made as final care and protection order

   s 256om A2008-20 amdt 3.9

   Parental responsibility

   s 257om A2008-20 amdt 3.9

   Restriction on making final care and protection orders

   s 258am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   What is a care plan?

   s 259am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Enduring parental responsibility orders

   s 260am A2003-56 amdt 3.70, amdt 3.126

   om A2008-20 amdt 3.9

   Restriction on making enduring parental responsibility orders

   s 261am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Effect of enduring parental responsibility order on others with parental responsibility

   s 262om A2008-20 amdt 3.9

   Financial contributions and burdens

   s 263am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Application for variation and revocation of orders

   s 264am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Variation and revocation of orders

   s 265am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Continuation of existing orders

   s 266om A2008-20 amdt 3.9

   Chief executive to report

   s 267am A2003-56 amdt 3.71, amdt 3.72; ss renum R12 LA (see A2003-56 amdt 3.73); A2005‑47 amdt 1.7; A2006-6 s 20

   om A2008-20 amdt 3.9

   Waiving of obligation to give report

   s 268am A2003-56 amdt 3.74, amdt 3.75, amdt 3.126

   om A2008-20 amdt 3.9

   Failure to give report

   s 269am A2003-56 amdt 3.76, amdt 3.77, amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Safe custody

   div 7.3.8 hdg        (prev ch 7 pt 3 div 8 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   om A2008-20 amdt 3.9

   Circumstances in which child or young person may be taken into safe custody

   s 270am 2001 No 44 amdt 1.668; A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Childrens Court’s power in relation to child or young person taken into safe custody

   s 271 hdgsub A2003-56 amdt 3.78

   s 271am A2003-56 amdt 3.79

   om A2008-20 amdt 3.9

   Representation of wishes of child or young person

   div 7.3.9 hdg        (prev ch 7 pt 3 div 9 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   om A2008-20 amdt 3.9

   Opportunity for child or young person to be heard

   s 272am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Childrens Court may inform itself of child’s or young person’s wishes

   s 273 hdgsub A2003-56 amdt 3.80

   s 273am A2003-56 amdt 3.81

   om A2008-20 amdt 3.9

   No requirement to express views or wishes

   s 274am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Procedures

   div 7.3.10 hdg       (prev ch 7 pt 3 div 10 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   om A2008-20 amdt 3.9

   Applications—scheduled matters

   s 275om A2008-20 amdt 3.9

   Material to accompany applications

   s 276am 2001 No 44 amdt 1.669

   sub A2004-60 amdt 1.22

   om A2008-20 amdt 3.9

   Form of statements and reports

   s 277am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Oral applications

   s 278am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Hearing of applications in party’s absence

   s 279sub A2003-56 amdt 3.82

   om A2008-20 amdt 3.9

   Parties

   s 280am A2003-56 amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Nonattendance of party

   s 281am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Joining parties—court initiated

   s 282sub A2003-56 amdt 3.83

   om A2008-20 amdt 3.9

   Joining parties—on application

   s 283am A2003-56 amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Joined parties—filed material

   s 284am A2003-56 amdt 3.84

   om A2008-20 amdt 3.9

   Removal of parties

   s 285am A2003-56 amdt 3.85, amdt 3.126; ss renum R12 LA (see A2003-56 amdt 3.86)

   om A2008-20 amdt 3.9

   Notice of address for service

   s 286am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Representation

   s 287am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Procedure at hearing

   s 288am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Reasons for decisions

   s 289am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Service of orders

   s 290am 2001 No 56 amdt 3.10; A2003-56 amdt 3.126; A2005‑47 amdt 1.7

   om A2008-20 amdt 3.9

   Childrens Court may inform itself as appropriate

   s 291 hdgam A2003-56 amdt 3.126

   s 291am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Court may call witnesses

   s 292am A2003-56 amdt 3.126; A2005-53 amdt 1.20, ss renum A2005-53 amdt 1.21

   om A2008-20 amdt 3.9

   Child or young person as witness

   s 293am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Restriction on taking evidence

   s 294am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Withdrawal or discontinuance of applications

   s 295am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Consent orders

   s 296am 2001 No 44 amdt 1.670; A2003-56 amdt 3.126; A2004-60 amdt 1.23

   om A2008-20 amdt 3.9

   Costs

   s 297om A2008-20 amdt 3.9

   Transfer of child care and protection orders and proceedings

   ch 8 hdgom A2008-20 amdt 3.9

   Preliminary

   pt 8.1 hdg(prev ch 8 pt 1 hdg) renum 2001 No 65 s 4

   om A2008-20 amdt 3.9

   Object of ch 8

   s 298om A2008-20 amdt 3.9

   Definitions for ch 8

   s 299am 2001 No 44 amdt 1.671, amdt 1.672

   om A2008-20 amdt 3.9

   def child care and protection order sub 2001 No 65 s 5

   om A2008-20 amdt 3.9

   def child care and protection proceeding om A2008-20 amdt 3.9

   def child welfare law om A2008-20 amdt 3.9

   def Childrens Court om A2003-56 amdt 3.87

   def interim order om A2008-20 amdt 3.9

   def interstate law om A2008-20 amdt 3.9

   def interstate officer om A2008-20 amdt 3.9

   def participating state om A2008-20 amdt 3.9

   def sending state om A2008-20 amdt 3.9

   def State om A2008-20 amdt 3.9

   def State Childrens Court ins A2003-56 amdt 3.88

   om A2008-20 amdt 3.9

   def welfare body ins 2001 No 65 s 6

   om A2008-20 amdt 3.9

   Transfer of certain child care and protection orders

   pt 8.2 hdg(prev ch 8 pt 2 hdg) renum 2001 No 65 s 7

   om A2008-20 amdt 3.9

   Administrative transfers

   div 8.2.1 hdg        (prev ch 8 pt 2 div 1 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   om A2008-20 amdt 3.9

   When chief executive may transfer order

   s 300om A2008-20 amdt 3.9

   People whose consent is required

   s 301om A2008-20 amdt 3.9

   Notification to child or young person and people with parental responsibility

   s 302am A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   Limited period for review of decision

   s 303am A2004-60 amdt 1.24

   om A2008-20 amdt 3.9

   Judicial transfers

   div 8.2.2 hdg        (prev ch 8 pt 2 div 2 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   om A2008-20 amdt 3.9

   When Childrens Court may make order under div 8.2.2

   s 304 hdgam A2003-56 amdt 3.126

   s 304am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Service of application

   s 305om A2008-20 amdt 3.9

   Type of order

   s 306am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Childrens Court to have regard to certain matters

   s 307 hdgam A2003-56 amdt 3.126

   s 307am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Childrens Court must consider report from chief executive

   s 308 hdgam A2003-56 amdt 3.126

   s 308am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Appeals

   s 309am A2004-60 amdt 1.25

   om A2008-20 amdt 3.9

   Transfer of child care and protection proceedings

   pt 8.3 hdg(prev ch 8 pt 3 hdg) renum 2001 No 65 s 7

   om A2008-20 amdt 3.9

   When Childrens Court may make order under pt 8.3

   s 310sub A2003-56 amdt 3.89

   om A2008-20 amdt 3.9

   Service of application

   s 311am A2003-56 amdt 3.90; A2005-47 amdt 1.7

   om A2008-20 amdt 3.9

   Childrens Court to have regard to certain matters

   s 312 hdgsub A2003-56 amdt 3.91

   s 312am A2003-56 amdt 3.92

   om A2008-20 amdt 3.9

   Interim order

   s 313am A2003-56 amdt 3.93, amdt 3.126

   om A2008-20 amdt 3.9

   Appeals

   s 314am A2003-56 amdt 3.93; A2004-60 amdt 1.26

   om A2008-20 amdt 3.9

   Registration

   pt 8.4 hdg(prev ch 8 pt 4 hdg) renum 2001 No 65 s 7

   om A2008-20 amdt 3.9

   Filing and registration of interstate documents

   s 315am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Notification by appropriate registrar

   s 316am A2003-56 amdt 3.93

   om A2008-20 amdt 3.9

   Effect of registration

   s 317am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Revocation of registration

   s 318am A2003-56 amdt 3.94, amdt 3.95

   om A2008-20 amdt 3.9

   Miscellaneous

   pt 8.5 hdg(prev ch 8 pt 5 hdg) renum 2001 No 65 s 7

   om A2008-20 amdt 3.9

   Effect of registration of transferred order

   s 319am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Transfer of Childrens Court file

   s 320sub A2003-56 amdt 3.96

   om A2008-20 amdt 3.9

   Special provision with respect to Maori children and young people

   s 321am A2003-56 amdt 3.126

   om A2008-20 amdt 3.9

   Deciding transferred proceeding

   s 322sub A2003-56 amdt 3.97

   om A2008-20 amdt 3.9

   Disclosure of information

   s 323sub A2003-56 amdt 3.97

   om A2008-20 amdt 3.9

   Interstate transfer for non-participating States

   pt 8.6 hdgins 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   Definitions for pt 8.6

   s 323Ains 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   def declatration ins A2001-65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   def interstate order ins A2001-65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   def non-participating State ins A2001-65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   def parental responsibility ins A2001-65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   Object of pt 8.6

   s 323Bins 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   Transfer from non-participating State

   s 323Cins 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   Effect of declaration

   s 323Dins 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   Notice of declaration

   323Eins 2001 No 65 s 8

   am A2005-47 amdt 1.7

   exp 19 September 2008 (s 323H and NI2008-428)

   Effect of State becoming participating State

   s 323Fins 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   Transfer to non-participating State

   s 323Gins 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   Expiry of pt 8.6

   s 323Hins 2001 No 65 s 8

   exp 19 September 2008 (s 323H and NI2008-428)

   General

   pt 9.1 hdg(prev ch 9 pt 1 hdg) renum 2001 No 65 s 9

   Situations where ch 9 does not apply

   s 330am A2003-56 amdt 3.98; A2004-17 amdt 2.2; pars renum R16 LA (see A2004-17 amdt 2.3)

   Exemptions

   s 331sub 2001 No 44 amdt 1.673

   Approvals in principle and licences

   pt 9.2 hdg(prev ch 9 pt 2 hdg) renum 2001 No 65 s 9

   General

   div 9.2.1 hdg        (prev ch 9 pt 2 div 1 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   Deciding if suitable

   s 332am A2004-56 amdt 1.6; A2008-26 amdt 2.5

   Duty of disclosure

   s 333am A2004-56 amdt 1.7; A2008-26 amdt 2.5

   Approval in principle

   div 9.2.2 hdg        (prev ch 9 pt 2 div 2 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   Application

   s 336am 2001 No 44 amdt 1.674

   Licences

   div 9.2.3 hdg        (prev ch 9 pt 2 div 3 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   Application

   s 343am 2001 No 44 amdt 1.675

   Application for renewal

   s 346am 2001 No 44 amdts 1.676-1.678

   Matters common to approvals in principle and licences

   div 9.2.4 hdg        (prev ch 9 pt 2 div 4 hdg) renum R2 LA (see also 2001 No 90 amdt 1.21)

   Variation of an approval in principle or a licence

   s 349am 2001 No 44 amdts 1.679-1.681; R2 LA (see 2001 No 44 amdt 1.682)

   Enforcement

   pt 9.3 hdg(prev ch 9 pt 3 hdg) renum 2001 No 65 s 9

   Reporting breach

   s 353am A2003-56 amdt 3.99, amdt 3.100; ss renum R12 LA (see A2003-56 amdt 3.101)

   Offences

   pt 9.4 hdg(prev ch 9 pt 4 hdg) renum 2001 No 65 s 9

   Meaning of young child

   s 367am A2003-56 amdt 3.102

   Work experience not employment

   s 368A hdg(prev s 451 hdg) sub A2006-52 s 5

   s 368A(prev s 451) ins A2006-6 s 23

   am A2006-52 s 6

   reloc and renum A2006-52 s 7

   Employment of young children

   s 370am A2003-56 amdt 3.102

   Light work excepted

   s 371am A2003-56 amdt 3.102

   Family businesses excepted

   s 372am A2003-56 amdt 3.102

   Employment not to interfere with schooling etc

   s 373am A2004-17 amdt 2.4

   Ch 10 subject to certain provisions of Education Act

   s 378 hdgsub A2003-56 amdt 3.103

   s 378am A2003-56 amdt 3.104

   sub A2004-17 amdt 2.5

   Meaning of order

   s 379am A2003-56 amdt 3.105

   Appeal to Supreme Court

   s 380am 2001 No 90 amdt 1.22; A2003-56 amdt 3.106, amdt 3.107, amdt 3.126; A2004-60 amdt 1.27; A2005-13 amdt 1.19

   Application of Magistrates Court Act etc

   s 381sub A2004-60 amdt 1.28

   Barring of appeal if order to review granted

   s 382am A2004-60 amdt 1.29

   Review of decisions

   s 384am 2001 No 65 s 10

   (1) (aa) exp 19 September 2008 (s 323H and NI2008-428)

   Decision to refuse to grant licence may not be stayed or otherwise affected pending outcome of review

   s 385am A2003-56 amdt 3.108

   Presumption of age

   s 386am A2003-56 amdt 3.109

   False statements

   s 387om A2004-15 amdt 2.42

   Offences in relation to child or young person subject to an order

   s 389om A2008-20 amdt 3.10

   Offence to harbour or conceal child or young person

   s 390om A2008-20 amdt 3.10

   Obstruction

   s 391om A2004-15 amdt 2.42

   Impersonation and false representations

   s 392om A2004-15 amdt 2.42

   Power to conduct personal search of child or young person

   s 399am A2006-23 amdt 1.30; A2007-4 s 11

   om A2008-20 amdt 3.11

   Rules for conduct of personal search

   s 400am A2003-14 amdt 1.11

   om A2008-20 amdt 3.11

   Safekeeping of things seized

   s 401om A2008-20 amdt 3.11

   Detainees—search and seizure

   ch 13A hdgins A2007-4 s 12

   om A2008-20 amdt 2.9

   Preliminary

   pt 13A.1 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Application—ch 13A

   s 401AAins A2007-4 s 12

   om A2008-20 amdt 2.9

   Definitions—ch 13A

   s 401ABins A2007-4 s 12

   om A2008-20 amdt 2.9

   def authorised doctor ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def authorised health professional ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def authorised nurse ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def body search ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def detainee ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def frisk search ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def health service ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def ordinary search ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def prohibited thing ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def scanning search ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def shelter ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def strip search ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def youth detention centre ins A2007-4 s 12

   om A2008-20 amdt 2.9

   def youth detention officer ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Relationship with other laws

   s 401ACins A2007-4 s 12

   om A2008-20 amdt 2.9

   Prohibited things

   s 401ADins A2007-4 s 12

   om A2008-20 amdt 2.9

   Authorised health professionals

   s 401AEins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches generally

   pt 13A.2 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Intrusiveness of searches

   s 401AFins A2007-4 s 12

   om A2008-20 amdt 2.9

   Register of searches

   s 401AGins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches of transgender and intersex detainees

   s 401AHins A2007-4 s 12

   om A2008-20 amdt 2.9

   Notice of strip and body searches—person with parental responsibility for detainee

   s 401AIins A2007-4 s 12

   om A2008-20 amdt 2.9

   Scanning, frisk and ordinary searches

   pt 13A.3 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Directions for scanning, frisk and ordinary searches

   s 401AJins A2007-4 s 12

   om A2008-20 amdt 2.9

   Requirements for scanning, frisk and ordinary searches

   s 401AKins A2007-4 s 12

   om A2008-20 amdt 2.9

   Strip searches

   pt 13A.4 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Admission to youth detention centre—initial assessment

   s 401ALins A2007-4 s 12

   om A2008-20 amdt 2.9

   Admission to youth detention centre––strip search for initial assessment

   s 401AMins A2007-4 s 12

   om A2008-20 amdt 2.9

   Strip search on admission––no-one with parental responsibility for detainee available

   s 401ANins A2007-4 s 12

   om A2008-20 amdt 2.9

   Strip search on admission––directing person to leave

   s 401AOins A2007-4 s 12

   om A2008-20 amdt 2.9

   Removing people from search area

   s 401APins A2007-4 s 12

   om A2008-20 amdt 2.9

   Strip searches directed by chief executive

   s 401AQins A2007-4 s 12

   om A2008-20 amdt 2.9

   Obligations of youth detention officer before strip search

   s 401ARins A2007-4 s 12

   om A2008-20 amdt 2.9

   Youth detention officers at strip searches

   s 401ASins A2007-4 s 12

   om A2008-20 amdt 2.9

   Strip searches—general rules

   s 401ATins A2007-4 s 12

   om A2008-20 amdt 2.9

   Strip searches—rules about visual inspection of detainee’s body

   s 401AUins A2007-4 s 12

   om A2008-20 amdt 2.9

   Strip searches—rules about detainee’s clothing

   s 401AVins A2007-4 s 12

   om A2008-20 amdt 2.9

   Body searches

   pt 13A.5 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Body searches directed by chief executive

   s 401AWins A2007-4 s 12

   om A2008-20 amdt 2.9

   Obligations of chief executive before body search

   s 401AXins A2007-4 s 12

   om A2008-20 amdt 2.9

   People present at body searches

   s 401AYins A2007-4 s 12

   om A2008-20 amdt 2.9

   Body searches––no-one with parental responsibility for detainee available

   s 401AZins A2007-4 s 12

   om A2008-20 amdt 2.9

   Body search––directing person to leave

   s 401AZAins A2007-4 s 12

   om A2008-20 amdt 2.9

   Removing people from search area

   s 401AZBins A2007-4 s 12

   om A2008-20 amdt 2.9

   Help for body searches

   s 401AZCins A2007-4 s 12

   om A2008-20 amdt 2.9

   Body searches—rules about detainee’s clothing

   s 401AZDins A2007-4 s 12

   om A2008-20 amdt 2.9

   Body searches—rules about touching detainee

   s 401AZEins A2007-4 s 12

   om A2008-20 amdt 2.9

   Seizing things discovered during body search

   s 401AZFins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches of premises and property

   pt 13A.6 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches—premises and property generally

   s 401AZGins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches of detainee cells—privileged material

   s 401AZHins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches of detainee cells—suspected privileged material

   s 401AZIins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches—use of force

   pt 13A.7 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches—managing use of force

   s 401AZJins A2007-4 s 12

   om A2008-20 amdt 2.9

   Searches—authorised use of force

   s 401AZKins A2007-4 s 12

   om A2008-20 amdt 2.9

   Seizing property

   pt 13A.8 hdg         ins A2007-4 s 12

   om A2008-20 amdt 2.9

   Seizing mail etc

   s 401AZLins A2007-4 s 12

   om A2008-20 amdt 2.9

   Seizing property—general

   s 401AZMins A2007-4 s 12

   om A2008-20 amdt 2.9

   Notice of seizure

   s 401AZNins A2007-4 s 12

   om A2008-20 amdt 2.9

   Forfeiture of things seized

   s 401AZOins A2007-4 s 12

   om A2008-20 amdt 2.9

   Return of things seized but not forfeited

   s 401AZPins A2007-4 s 12

   om A2008-20 amdt 2.9

   Standards and standing orders

   ch 14 hdgsub A2005-33 s 4

   om R45 LA

   Definitions for ch 14

   s 401Ains A2005-33 s 4

   om A2008-20 amdt 2.10

   def exempt provision ins A2005-33 s 4

   om A2008-20 amdt 2.10

   def place of detention ins A2005-33 s 4

   am A2006-23 amdt 1.31

   om A2008-20 amdt 2.10

   Standard-making power

   s 402sub 2001 No 44 amdt 1.683; A2005-33 s 4

   om A2008-20 amdt 3.12

   Standing order-making power

   s 403om 2001 No 44 amdt 1.684

   ins A2005-33 s 4

   am A2006-6 s 21; A2006-52 s 4

   om A2008-20 amdt 2.10

   Standing orders—provisions about security etc

   s 403Ains A2005-33 s 4

   am A2006-42 amdt 3.10, amdt 3.11

   om A2008-20 amdt 2.10

   Standing orders—inspection

   s 403Bins A2005-33 s 4

   am A2005-47 amdt 1.7

   om A2008-20 amdt 2.10

   When is information divulged?

   s 404sub A2006-6 s 22

   om A2008-20 amdt 3.12

   Who is an information holder?

   s 405am A2003-56 amdt 3.110; A2005-47 amdts 1.4-1.7

   (2)-(4) exp 1 April 2006 (s 405 (4) (LA s 88 declaration applies))

   sub A2006-6 s 22

   om A2008-20 amdt 3.12

   What is protected information?

   s 405Ains A2006-6 s 22

   om A2008-20 amdt 3.12

   What is sensitive information?

   s 405Bins A2006-6 s 22

   am A2007-4 ss 13-15

   om A2008-20 amdt 3.12

   Offence—secrecy of protected information

   s 405Cins A2006-6 s 22

   om A2008-20 amdt 3.12

   Exception—information given under this Act

   s 405Dins A2006-6 s 22

   om A2008-20 amdt 3.12

   Exception—information given under another law

   s 405Eins A2006-6 s 22

   om A2008-20 amdt 3.12

   Exception—information given with agreement

   s 405Fins A2006-6 s 22

   om A2008-20 amdt 3.12

   Giving protected or sensitive information to a court

   s 405Gins A2006-6 s 22

   om A2008-20 amdt 3.12

   Information may be given in best interests of child or young person

   s 405Hins A2006-6 s 22

   om A2008-20 amdt 3.12

   Civil liability

   s 406om A2008-20 amdt 3.12

   Immunity from suit

   s 407am A2003-56 amdt 3.111

   Right of appearance

   s 409am A2005-47 amdt 1.7

   Declaration of attendance centres, institutions and shelters

   s 412am A2003-56 amdt 3.112, amdt 3.113

   Child’s or young person’s name may be given

   s 413am A2003-56 amdt 3.114, amdt 3.115

   Determination of fees

   s 416sub 2001 No 44 amdt 1.685

   Approval of forms by chief executive

   s 416Ains 2001 No 44 amdt 1.685

   Regulation-making power

   s 417 hdgsub 2001 No 44 amdt 1.686

   s 417am 2001 No 44 amdts 1.686-1.690; A2003-56 amdt 3.116; A2005-33 s 5, s 6; A2006-23 amdt 1.32

   Transitional

   ch 17 hdgexp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Standing orders may operate retrospectively etc

   s 418am A2003-56 amdt 3.117, amdt 3.118

   exp 10 May 2004 (s 418 (2))

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Review of initial standing orders

   s 419exp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Effect of declaration in NI2005-179 etc

   s 420exp 10 May 2001 (s 446) (and see 2001 No 44 amdt 1.691)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Periodical review of orders under CSA

   s 420Ains 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   Effect of declarations in NI2005-180 and NI2005-181

   s 421exp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Effect of declaration in NI2005-222

   s 422exp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Effect of approval in NI1988-1

   s 423exp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Effect of appointment of official visitors

   s 424exp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Expiry—ch 17

   s 425exp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 June 2001 (s 426)

   ins A2005-33 s 7

   exp 2 November 2005 (s 425)

   Agreements and arrangements about interstate transfer

   s 425Ains as mod SL 2000 No 41 reg 7 (1)

   exp 10 May 2001 (SL 2000 No 41 reg 7 (2))

   Expiry

   s 426exp 10 May 2001 (s 446)

   ins 2001 No 23 s 4

   exp 10 May 2002 (s 426)

   Emergency action—s 75 and s 76 of repealed Act

   s 427exp 10 May 2001 (s 446)

   CSA applications

   s 428exp 10 May 2001 (s 446)

   Community advocate a party

   s 429exp 10 May 2001 (s 446)

   Procedural changes in relation to CSA applications

   s 430exp 10 May 2001 (s 446)

   Adjournment orders under CSA

   s 431exp 10 May 2001 (s 446)

   Length of s 81 orders

   s 432exp 10 May 2001 (s 446)

   Final care orders in force immediately before commencement day

   s 433exp 10 May 2001 (s 446)

   Declarations made immediately before commencement day

   s 434exp 10 May 2001 (s 446)

   Information laid for warrant

   s 435exp 10 May 2001 (s 446)

   Access orders

   s 436exp 10 May 2001 (s 446)

   Periodical review of orders

   s 437exp 10 May 2001 (s 446)

   Notations

   s 438exp 10 May 2001 (s 446)

   Undertakings

   s 439exp 10 May 2001 (s 446)

   Notifications

   s 439Ains as mod SL 2000 No 37 reg 3 (as am SL 2000 No 49 reg 3)

   exp 10 May 2001 (SL 2000 No 37 reg 4)

   Child care centres

   s 440exp 10 May 2001 (s 446)

   Suspension of licences and directions to comply

   s 441exp 10 May 2001 (s 446)

   Family day care schemes

   s 442exp 10 May 2001 (s 446)

   Attendance centres, institutions and shelters

   s 443exp 10 May 2001 (s 446)

   AAT appeals

   s 444exp 10 May 2001 (s 446)

   Modification of ch 17’s operation

   s 445exp 10 May 2001 (s 446)

   Expiry of ch 17

   s 446exp 10 May 2001 (s 446)

   Transitional—Children and Young People Amendment Act 2006

   ch 18 hdgins A2006-6 s 23

   om A2006-52 s 8

   Transitional—references to public advocate

   s 450ins A2006-6 s 23

   exp 30 March 2006 (s 450 (3) (LA s 88 declaration applies))

   Work experience not employment

   s 451reloc and renum as s 368A

   Applications under part 7.3 (Care and protection orders and emergency action)

   sch 1am A2005-47 amdt 1.7

   Translation of certain applications and orders

   sch 2exp 10 May 2002 (s 426)

   Applications

   sch 2 pt 2.1 hdg     (prev sch 2 pt 1 hdg) renum R2 LA

   exp 10 May 2002 (s 426)

   Final care and protection orders

   sch 2 pt 2.2 hdg     (prev sch 2 pt 2 hdg) renum R2 LA

   exp 10 May 2002 (s 426)

   Dictionary

   dict hdgsub A2003-56 amdt 3.119

   dictins A2003-56 amdt 3.119

   am A2006-23 amdt 1.33; A2006-46 amdt 2.3; A2007-4 s 16

   def Act om 2001 No 44 amdt 1.692

   def at risk of abuse or neglect ins A2006-6 s 24

   def authorised doctor ins A2007-4 s 17

   def authorised health professional ins A2007-4 s 17

   def authorised nurse ins A2007-4 s 17

   def best interests principle sub A2006-6 s 25

   def body sub A2003-56 amdt 3.120

   def body search ins A2007-4 s 17

   def Childrens Court sub A2003-56 amdt 3.121

   def controlled drug ins A2004-56 amdt 1.8

   def corrections officer ins A2006-23 amdt 1.34

   def court om A2003-56 amdt 3.122

   def custodial escort om A2006-23 amdt 1.35

   def declaration ins 2001 No 65 s 11

   def detainee ins A2007-4 s 17

   def determined fee om 2001 No 44 amdt 1.692

   def divulge ins A2006-6 s 26

   def domestic violence order om 2001 No 90 amdt 1.23

   def drug of dependence om A2008-26 amdt 2.6

   def facilitator sub A2006-6 s 27

   def final protection order ins 2001 No 90 amdt 1.24

   def frisk search ins A2007-4 s 17

   def health professional ins A2007-4 s 17

   def health service ins A2007-4 s 17

   def indigenous placement principle om A2006-6 s 28

   def information holder ins A2006-6 s 29

   def in need of care and protection ins A2006-6 s 29

   def interim order ins 2001 No 90 amdt 1.25

   def interim order for chapter 7 om 2001 No 90 amdt 1.26

   def interim order for chapter 8 om 2001 No 90 amdt 1.25

   def interim protection order ins 2001 No 90 amdt 1.27

   def interstate law am 2001 No 44 amdt 1.693

   def interstate order ins 2001 No 65 s 12

   def mental dysfunction am A2005-48 amdt 1.1

   om A2006-14 amdt 1.7

   def mental health order am A2005-48 amdt 1.1

   def mental health tribunal om A2003-56 amdt 3.123

   def mental illness am A2005-48 amdt 1.1

   om A2006-14 amdt 1.8

   def mental impairment ins A2006-14 amdt 1.9

   def neglect sub A2006-6 s 30

   def non-participating State ins 2001 No 65 s 13

   def ordinary search ins A2007-4 s 17

   def parental responsibility sub 2001 No 65 s 14

   def privileged ins A2007-4 s 17

   def prohibited thing ins A2007-4 s 17

   def protected information ins A2006-6 s 31

   def protection order ins 2001 No 90 amdt 1.28

   am A2005-13 amdt 1.20

   def remand centre om A2006-23 amdt 1.35

   def restraining order om 2001 No 90 amdt 1.29

   def scanning search ins A2007-4 s 17

   def school sub A2004-17 amdt 2.6

   def school-leaving age sub A2004-17 amdt 2.7

   def sensitive information ins A2006-6 s 31

   def shelter sub A2007-4 s 18

   def State Childrens Court ins A2003-56 amdt 3.124

   def strip search ins A2007-4 s 19

   def welfare body ins 2001 No 65 s 15

   def working day om A2003-56 amdt 3.125

   def youth detention centre ins A2007-4 s 19

   def youth detention officer ins A2007-4 s 19

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 10 May 2000	10 May 2000– 21 Sept 2000	A2000-11	amendments by A2000-11
R1 (RI) 23 Oct 2003	10 May 2000– 21 Sept 2000	A2000-11	amendments by A2000-11 reissued electronic republication of printed version
R1A 23 Oct 2003	12 Oct 2000– 6 Dec 2000	SL2000-41	modifications by SL2000-37 and SL2000-41
R1B 23 Oct 2003	7 Dec 2000– 20 Dec 2000	SL2000-41	amendments to modifications by SL2000-49
R1C 23 Oct 2003	21 Dec 2000– 9 May 2001	A2000-80	amendments by A2000-80
R2 12 Sept 2001	12 Sept 2001– 13 Sept 2001	A2001-65	amendments by A2001-23, A2001-44, A2001-56 and A2001-65 and commenced expiry
R3 5 Oct 2001	14 Sept 2001– 26 Sept 2001	A2001-70	amendments by A2001-70
R4 5 Oct 2001	27 Sept 2001– 26 Mar 2002	A2001-90	amendments by A2001-63
R5 27 Mar 2002	27 Mar 2002– 10 May 2002	A2001-90	amendments by A2001-90
R6 11 May 2002	11 May 2002– 27 May 2002	A2001-90	commenced expiry
R7* 28 May 2002	28 May 2002– 30 June 2002	A2002-11	amendments by A2002-11
R8 1 July 2002	1 July 2002– 9 Sept 2002	A2002-22	amendments by A2002-22
R9 10 Sept 2002	10 Sept 2002– 31 Dec 2002	A2002-27	amendments by A2002-27
R10 1 Jan 2003	1 Jan 2003– 27 Mar 2003	A2002-51	amendments by A2002-51
R11 28 Mar 2003	28 Mar 2003– 18 Dec 2003	A2003-14	amendments by A2003-14
R12* 19 Dec 2003	19 Dec 2003– 8 Apr 2004	A2003-56	amendments by A2003-56
R13 9 Apr 2004	9 Apr 2004– 10 May 2004	A2004-15	amendments by A2004-15
R14 11 May 2004	11 May 2004– 19 Dec 2004	A2004-17	commenced expiry
R15 20 Dec 2004	20 Dec 2004– 31 Dec 2004	A2004-60	commenced expiry
R16 1 Jan 2004	1 Jan 2004– 9 Jan 2004	A2004-60	amendments by A2004-17
R17 10 Jan 2005	10 Jan 2005– 5 Mar 2005	A2004-60	amendments by A2004-60
R18 6 Mar 2005	6 Mar 2005– 24 Mar 2005	A2004-60	amendments by A2004-56
R19* 25 March 2005	25 March 2005– 1 July 2005	A2005-13	amendments by A2005-13
R20 2 July 2005	2 July 2005– 6 July 2005	A2005-33	amendments by A2005-33
R21 7 July 2005	7 July 2005– 6 Sept 2005	A2005-33	updated endnotes
R22 7 Sept 2005	7 Sept 2005– 2 Nov 2005	A2005-48	amendments by A2005-48
R23 3 Nov 2005	3 Nov 2005– 22 Nov 2005	A2005-53	commenced expiry
R24 23 Nov 2005	23 Nov 2005‑ 21 Dec 2005	A2005-53	amendments by A2005-60
R25 22 Dec 2005	22 Dec 2005– 16 Jan 2006	A2005-60	amendments by A2005-60
R26 17 Jan 2006	17 Jan 2006– 28 Feb 2006	A2005-60	amendments by A2004-39
R27 1 Mar 2006	1 Mar 2006– 29 Mar 2006	A2006-3	amendments by A2005-47 as amended by A2006-3
R28 30 Mar 2006	30 Mar 2006– 30 Mar 2006	A2006-6	amendments by A2006-6
R29 31 Mar 2006	31 Mar 2006– 1 Apr 2006	A2006-6	commenced expiry
R30 2 Apr 2006	2 Apr 2006– 6 Apr 2006	A2006-6	commenced expiry
R31 7 Apr 2006	7 Apr 2006– 1 June 2006	A2006-14	amendments by A2006-14
R32 2 June 2006	2 June 2006– 30 June 2006	A2006-23	amendments by A2006-23
R33 1 July 2006	1 July 2006– 6 July 2006	A2006-23	amendments by A2006-6
R34 7 July 2006	7 July 2006– 31 July 2006	A2006-23	amendments by A2006-6
R35 1 Aug 2006	1 Aug 2006– 28 Sept 2006	A2006-23	amendments by A2006-6
R36 29 Sept 2006	29 Sept 2006– 15 Nov 2006	A2006-40	amendments by A2006-40
R37 16 Nov 2006	16 Nov 2006– 17 Nov 2006	A2006-42	amendments by A2006-42
R38 18 Nov 2006	18 Nov 2006– 27 Nov 2006	A2006-46	amendments by A2006-46
R39 28 Nov 2006	28 Nov 2006– 24 July 2007	A2006-52	amendments by A2006-52
R40 25 July 2007	25 July 2007– 19 Sept 2007	A2007-4	amendments by A2007-4
R41* 20 Sept 2007	20 Sept 2007– 15 Apr 2008	A2007-4	amendments by A2007-4
R42 16 Apr 2008	16 Apr 2008– 8 Sept 2008	A2008-6	amendments by A2008-6
R43 9 Sept 2008	9 Sept 2008– 19 Sept 2008	A2008-26	amendments by A2008-20
R44 14 Oct 2008	20 Sept 2008– 26 Oct 2008	A2008-26	amendments by A2008-20
R45 27 Oct 2008	27 Oct 2008– 13 Feb 2009	A2008-26	amendments by A2008-20
R46 14 Feb 2009	14 Feb 2009– 26 Feb 2009	A2008-26	amendments by A2008-26