Children and Young People Act 2008 (ACT)
Children and Young People Act 2008
A2008-19
Republication No 97
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Children and Young People Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
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 includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Children and Young People Act 2008
Contents
Page
Chapter 1 Preliminary
Part 1.1 Introduction
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Application of Act to children and young people etc 3
Part 1.2 Objects, principles and considerations
7 Main objects of Act 4
8 Best interests of children and young people paramount consideration 6
9 Principles applying to Act 6
10 Aboriginal and Torres Strait Islander children and young people—placement principles 7
10A Aboriginal and Torres Strait Islander children and young people—other principles 8
Part 1.3 Important concepts
Division 1.3.1 Definitions
11 Who is a child? 9
12 Who is a young person? 9
13 Who is a family member of a child or young person? 9
14 Who is a significant person for a child or young person? 10
Division 1.3.2 Parental responsibility
15 What is parental responsibility? 10
16 Parents have parental responsibility 11
17 Aspects of parental responsibility may be transferred 11
18 Aspects of parental responsibility may be shared 12
19 Daily care responsibility for children and young people 14
20 Long-term care responsibility for children and young people 16
21 Parents or people with parental responsibility who cannot be found 17
Chapter 2 Administration
Part 2.1 Director‑general
22 Director‑general’s functions 18
23 Director‑general instructions 20
24 Ministerial directions to director‑general 21
24A Director-general charters 21
25 Director‑general may ask for assistance, etc 22
26 Director‑general must give identity cards 23
Part 2.2 Children and Youth Services Council
27 Establishment of council 24
28 Council members 24
Part 2.3 Official visitors
37 Meaning of entitled person and visitable place 25
38 Appointment of official visitors—additional suitability requirement 26
39 Request for sensitive information by official visitors 26
Part 2.4 Suitable entities for purposes under Act
60 Definitions—Act and pt 2.4 27
61 Who is a suitable entity? 27
62 Entity may apply to be suitable entity for purpose 28
63 Director‑general may approve suitable entity for purpose 28
64 Director‑general must consider suitability information, etc 29
65 What is suitability information? 30
66 Director‑general may require suitability information 32
67 Director‑general need not decide suitability if information not provided 32
68 Director‑general may require test etc 32
69 Director‑general need not decide suitability if test not taken, etc 33
70 Offence—ongoing duty to update suitability information 33
71 Director‑general may employ etc suitable entity 35
72 Suitable entities register 35
Chapter 3 Family group conferences
Part 3.1 Family group conferences—general
73 Definitions—Act 37
74 Family group conferences—objects 37
75 What is a family group conference? 38
76 What is a family group conference agreement? 38
77 Offence—publish details of family group conferences 39
Part 3.2 Family group conferences—facilitators
78 Family group conference facilitators—appointment 40
79 Family group conference facilitators—functions 40
Part 3.3 Family group conferences—arrangement and conduct
80 Family group conferences—criteria 42
81 Family group conferences—criteria for review conference 43
82 Family group conferences—facilitator to organise 44
83 Family group conferences—who must be invited 44
84 Family group conferences—compliance with standards 45
85 Family group conferences—parties reach agreement 46
86 Family group conferences—agreement of young person 47
87 Family group conferences—before family group conference agreement 47
88 Family group conferences—outcome report 48
89 Family group conference agreement—when takes effect 49
90 Family group conference agreements—implementation 50
Chapter 4 Children and young people and criminal matters—general
91 What are the criminal matters chapters? 51
92 Overview of the criminal matters chapters 51
93 Application of criminal matters chapters generally 52
94 Youth justice principles 53
95 Who is a young detainee? 55
96 Who is a youth detention officer? 56
97 Treating doctors—health service appointments 56
98 Health practitioners—non-treating functions 57
99 Transporting young detainees to and from court—young detainees to be kept separate from adult detainees 57
100 Detaining young detainees at court—young detainees to be kept separate from adult detainees 58
Chapter 5 Criminal matters—transfers
Part 5.1 Transfers within ACT
Division 5.1.1 Transfers within ACT—general
101 Directions to escort officers 59
102 Orders to bring young detainee before court etc 59
Division 5.1.2 Escorting young detainees etc
103 Arrangements for escorting people 60
104 Escort officer functions etc 60
105 Escorting arrested person to court etc 61
106 Custody etc during proceedings 61
107 Executing warrants of commitment or remand etc 62
108 Other powers not limited 62
Division 5.1.3 Transfers to health facilities
109 Transfers to health facilities 63
109A Transfer to mental health facility—notice of change in status 64
Division 5.1.4 Transfers of young detainees who become adults
110 Application—div 5.1.4 65
111 Transfers to correctional centres—under 21 years old 65
112 Transfers to correctional centres—21 year olds 66
Division 5.1.5 Notifying people of transfers
113 Transfer—notifying people responsible for or nominated by young detainees 66
Part 5.2 Interstate transfers
Division 5.2.1 Interstate transfer generally
114 Definitions—pt 5.2 68
115 General agreements with other jurisdictions 69
116 Transfer arrangements—general 70
117 Power to arrange for transfers 70
118 Transfer arrangements—facilities must be adequate 72
119 Transfer arrangements—content 72
120 Custody of person on transfer order 74
121 Custody pending interstate transfer 74
122 Transfer to ACT in custody of transfer escort 75
123 Powers of transfer escorts 75
124 Offence—escapes during transfer 76
Division 5.2.2 Transfer of sentence or order
125 Transfer from ACT of sentence or order 76
126 Transfer to ACT of sentence or order 77
Division 5.2.3 Transit through ACT
127 Director‑general may receive young offenders 78
128 Lawful custody for transit through ACT 78
129 Escapees may be apprehended without warrant 78
130 Escapees to be brought before magistrate 79
131 Court may arrange transfer of apprehended escapees 79
132 Search warrants for escapees 80
Division 5.2.4 Revocation of transfer orders
133 Revocation of transfer order—offence during transfer 82
134 Revocation of transfer order by director‑general 82
135 Director‑general may consider reports etc 83
Chapter 6 Criminal matters—detention places
Part 6.1 Detention places—general
136 Application—ch 6 84
137 Definitions—ch 6 84
138 Treatment of young detainees generally 85
139 Treatment of young remandees 86
140 Treatment of certain young detainees 87
141 Detention places—minimum living conditions 87
Part 6.2 Administration
Division 6.2.1 Administration—general
142 Detention places—declaration 89
143 Youth detention policies and operating procedures 89
144 Exclusion of matters from notified youth detention policies etc 90
145 Copies of Act, policies etc to be available for inspection at detention place 91
146 Director‑general directions 91
147 Prohibited areas 92
148 Prohibited things 92
149 Declaration of emergency 93
150 Emergency powers 94
151 Arrangements with police 94
152 Assistance from other directors‑general 95
Part 6.3 Access to and inspection of detention places
153 Inspections by judicial officers and Assembly members 96
153A Access to detention places 96
154 Relationship with other inspection laws 97
Part 6.4 Admission to detention places
155 Meaning of admission—pt 6.4 98
156 Authority for detention 98
157 Detention—notifying people responsible for or nominated by young detainees 99
158 Identification of young detainees 99
159 Information—entitlements and obligations 100
160 Initial assessment 102
161 Health assessment 102
162 Alcohol and drug tests on admission 103
163 Security classification 103
164 Case management plan 103
165 Entries in register of young detainees 103
166 Requirements and considerations about placement and separation of young detainees 104
Part 6.5 Living conditions at detention places
167 Food and drink 106
168 Clothing 107
169 Personal hygiene 107
170 Sleeping areas 107
171 Treatment of convicted and non-convicted young detainees 108
172 Access to open air and exercise 108
173 Communication with family and others 109
174 Telephone calls 110
175 Mail 111
176 News and education 113
177 Visits by family members etc 113
178 Contact with accredited people 114
179 Visits—protected communications 115
180 Health care 116
181 Director‑general’s consent to medical treatment for young detainees 117
182 Injury etc—notifying people responsible for or nominated by young detainees 118
183 Religious, spiritual and cultural needs 119
Part 6.6 Management and security
Division 6.6.1 Management and security—general
184 Compliance with director‑general’s directions 121
185 Register of young detainees 121
186 Health reports 123
187 Use of medicines 125
188 Case management plans—scope etc 126
189 Transgender and intersex young detainees—sexual identity 127
190 Security classification—basis etc 128
191 Property of young detainees 129
192 Possession of prohibited things 130
193 Mandatory reporting of threats to security etc at detention place 130
194 Trust accounts of young detainees 131
195 Register of searches and uses of force 132
Division 6.6.2 Monitoring
196 Disapplication of Listening Devices Act 134
197 Monitoring—general considerations 134
198 Notice of monitoring 134
199 Monitoring at detention places 135
200 Monitoring telephone calls etc 135
201 Monitoring ordinary mail 136
202 Monitoring protected mail 137
203 Mail searches—consequences 138
Division 6.6.3 Segregation
Subdivision 6.6.3.1 General
204 Definitions—div 6.6.3 138
205 Purpose of segregation under div 6.6.3 139
206 Segregation not to affect minimum living conditions 139
207 Notice of segregation directions—safe room and other 139
Subdivision 6.6.3.2 Safe room segregation
208 Designation of safe rooms 140
209 Segregation—safe room 141
210 Safe room segregation directions—privacy 142
211 Review of safe room segregation directions 142
Subdivision 6.6.3.3 Other segregation
212 Segregation—safety and security 143
213 Segregation—protective custody 144
214 Segregation—health etc 144
215 Interstate segregated detainees transferred to ACT 145
Subdivision 6.6.3.4 Review of certain segregation directions
216 Meaning of segregation direction—subdiv 6.6.3.4 146
217 Internal review of segregation directions 146
218 End of segregation directions 147
219 Application for review of segregation directions 147
220 External review of segregation directions 148
221 Notice of decision about segregation direction 148
Subdivision 6.6.3.5 Register of segregation directions
222 Register of segregation directions 149
Division 6.6.4 Use of force
223 Managing use of force 150
224 Authority to use force 152
225 Application of force 152
226 Use of restraint 153
227 Monthly reports about use of force 154
Division 6.6.5 Access to detention places
228 Visiting conditions 154
229 Notice of visiting conditions 154
230 Taking prohibited things etc into detention place 155
231 Directions to visitors 155
232 Directions to leave detention place etc 156
233 Removing people from detention place 157
Division 6.6.6 Maintenance of family relationships
234 Director‑general may allow young child to stay with young detainee 157
Part 6.7 Alcohol and drug testing
Division 6.7.1 General
235 Definitions—pt 6.7 159
236 Positive test samples 159
Division 6.7.2 Alcohol and drug testing—detainees
237 Alcohol and drug testing of young detainees 160
238 Effect of positive test sample by young detainee 161
Division 6.7.3 Alcohol and drug testing—youth detention officers
239 Alcohol and drug testing of youth detention officers 162
Part 6.8 Young detainees—leave
Division 6.8.1 Local leave
240 Local leave directions 163
241 Local leave permits 163
Division 6.8.2 Interstate leave
242 Interstate leave permits 165
243 Effect of interstate leave permit 167
244 Powers of escort officers 168
Division 6.8.3 Leave—miscellaneous
245 Lawful temporary absence from detention place 168
Chapter 7 Criminal matters—search and seizure at detention places
Part 7.1 Preliminary—ch 7
246 Definitions—ch 7 171
247 Relationship with other laws 173
Part 7.2 Searches generally
248 Searches—intrusiveness 174
249 Searches—use of search dog 174
250 Searches—transgender and intersex young detainees 175
251 Notice of strip and body searches—person responsible for or nominated by young detainee 175
Part 7.3 Scanning, frisk and ordinary searches
252 Directions for scanning, frisk and ordinary searches 177
253 Requirements for scanning, frisk and ordinary searches 177
Part 7.4 Strip searches—young detainees
254 Strip searches on admission to detention place 179
255 Strip searches of young detainees under 18 years old—no-one with parental responsibility available 180
256 Strip searches on admission—directing person to leave 181
257 Removing people from search area 181
258 Strip searches directed by director‑general 181
259 Obligations on youth detention officers before strip searches 182
260 Youth detention officers at strip searches 183
261 Strip searches—general rules 183
262 Strip searches—rules about visual inspection of young detainee’s body 184
263 Strip searches—rules about young detainees’ clothing 185
Part 7.5 Body searches—young detainees
264 Body searches directed by director‑general 186
265 Obligations of director‑general before body searches 186
266 People present at body searches 187
267 Body searches of young detainees under 18 years old—no-one with parental responsibility available 188
268 Body searches—directing people to leave 189
269 Removing people from search area 190
270 Help for body searches 190
271 Body searches—rules about young detainees’ clothing 191
272 Body searches—rules about touching young detainees 191
273 Seizing things discovered during body searches 191
Part 7.6 Searching people other than detainees
274 Searches of people other than detainees 192
Part 7.7 Searches of premises and property
275 Searches—premises and property generally 194
276 Searches of young detainee cells—privileged material 195
277 Searches of young detainee cells—suspected privileged material 195
Part 7.8 Searches—use of force
278 Searches—use of force 196
Part 7.9 Seizing property
279 Meaning of owner—pt 7.9 197
280 Seizing mail etc 197
281 Seizing property—general 199
282 Notice of seizure 199
283 Forfeiture of things seized 200
284 Return of things seized but not forfeited 201
Chapter 8 Criminal matters—discipline at detention places
Part 8.1 Discipline at detention places—general
285 Application—ch 8 202
286 Definitions—ch 8 202
287 Meaning of behaviour breach 204
288 Meaning of minor behaviour breach 206
289 Meaning of privilege 206
290 Overlapping behaviour breaches and criminal offences 207
Part 8.2 Responding to behaviour breaches
291 Who is an investigator? 208
292 Appointment of investigators 208
293 Report etc by youth detention officer 208
294 Reporting and investigation procedures 209
295 Action by administrator 210
296 Disciplinary charge 211
Part 8.3 Dealing with minor behaviour breaches
297 Behaviour management framework 212
298 Behaviour management framework—behaviour management consequences 212
299 Behaviour management framework—limits 213
Part 8.4 Disciplinary action—behaviour breach charge
Division 8.4.1 Disciplinary action by administrator
300 Right to contact support person—disciplinary action by administrator 214
301 Behaviour breach admitted by accused detainee 214
302 Disciplinary action by administrator 215
Division 8.4.2 Internal review
303 Meaning of review officer—div 8.4.2 216
304 Right to contact support person—internal review 216
305 Application for internal review 216
306 Internal review of charge 217
307 Review officer’s powers after internal review 218
Division 8.4.3 External review of internal review decisions
308 Meaning of external reviewer—div 8.4.3 219
309 Appointment of external reviewers 219
310 Right to contact support person—external review 219
311 Application for external review 220
312 External review of charge 220
313 Refusal to review 221
314 External reviewer’s powers after external review 221
Division 8.4.4 Disciplinary action generally
315 Application—div 8.4.4 223
316 Meaning of relevant presiding officer—div 8.4.4 223
317 Disciplinary action by relevant presiding officer 223
318 Disciplinary action—behaviour management consequences 224
319 Maximum behaviour management consequences 224
320 Privileges and entitlements—impact of discipline 225
Chapter 9 Criminal matters—conduct of disciplinary reviews
Part 9.1 Conduct of disciplinary review—general
321 Application—ch 9 226
322 Definitions—ch 9 226
Part 9.2 Disciplinary review procedures
323 Nature of disciplinary reviews 227
324 Notice of disciplinary review etc 227
325 Conduct of disciplinary reviews 228
326 Review officer may require official reports 229
327 Review officer may require information and documents 229
328 Possession of review documents etc 230
329 Record of review 230
Part 9.3 Disciplinary hearing procedures
330 Notice of disciplinary hearing 231
331 Review officer’s powers at review 231
332 Rights of accused detainee at disciplinary hearing 232
333 Exclusion of accused detainee from hearing 233
334 Hearing in accused detainee’s absence 233
335 Appearance at disciplinary hearing by audiovisual or audio link 233
Chapter 10Care and protection—general
Part 10.1 Application of care and protection chapters
336 What are the care and protection chapters? 235
337 Age—proof of age to be sought before action taken 236
338 Age—application of care and protection chapters if no proof of age 236
339 Age—care and protection chapters stop applying if person discovered to be adult 237
340 Care and protection chapters stop applying when young person becomes adult 238
Part 10.2 Important concepts—care and protection chapters
341 Definitions—care and protection chapters 239
344 What is significant harm? 239
345 When are children and young people in need of care and protection? 240
346 Circumstances need not have arisen in ACT 241
347 Who is a former caregiver? 241
348 What is contact with a person? 242
Part 10.3 Principles and considerations—care and protection chapters
349 What is in best interests of child or young person? 243
350 Care and protection principles 244
351 Helping families understand care and protection procedures 245
352 Views and wishes of children and young people 247
Part 10.4 Approved care and protection organisations
Division 10.4.1 Important concepts
352A Meaning of organisation 249
352B Meaning of care and protection purpose 249
352C Meaning of approved care and protection organisation 250
352D Meaning of responsible person for an approved care and protection organisation 250
Division 10.4.2 Approved care and protection organisations—ongoing suitability
352E Approved care and protection organisations—responsible person 250
352F Approved care and protection organisations—monitoring 251
Division 10.4.3 Approved care and protection organisations—complaints
352G Meaning of noncompliant 251
352H Complaints—making a complaint 251
352I Complaints—withdrawing a complaint 252
352J Complaints—further information or verification 253
352K Complaints—investigation 253
352L Complaints—no further action 254
352M Complaints—action after investigation 254
Division 10.4.4 Approved care and protection organisations—intervention
352N Intervention—noncompliance notice 255
352O Intervention—noncompliance direction 256
352P Intervention—suspension if child or young person unsafe 257
352Q Intervention—intention to cancel notice 258
352R Intervention—cancellation 259
352S Intervention—cancellation notice 260
352T Intervention—guidelines 260
Division 10.4.5 Approved care and protection organisations—surrendering approval
352U Surrendering approval 261
Division 10.4.6 Approved care and protection organisations register
352V Approved care and protection organisations register 261
Chapter 11 Care and protection—reporting and assessing risk of significant harm
Part 11.1 Care and protection—reporting risk of significant harm
Division 11.1.1 Definitions
353 Definitions—Act 263
Division 11.1.2 Reporting risk of significant harm to children and young people
354 Voluntary reporting of risk of significant harm 263
355 Offence—false or misleading voluntary report 264
356 Offence—mandatory reporting of significant harm 264
357 Mandatory reporting—exceptions 267
358 Offence—false or misleading mandatory report 268
359 Reports made to public advocate or Aboriginal and Torres Strait Islander children and young people commissioner 269
360 Assessing risk of significant harm 269
Division 11.1.3 Prenatal reporting of anticipated risk of significant harm
362 Prenatal reporting—anticipated risk of significant harm 270
363 Offence—false or misleading prenatal report 273
364 How prenatal reports may be used in evidence 274
365 Prenatal report information is sensitive information 274
Part 11.2 Care and protection—appraisals
Division 11.2.1 Definitions
366 What is a care and protection appraisal? 276
367 What is a care and protection assessment? 277
Division 11.2.2 Appraisal by director-general
368 Care and protection appraisal—power to carry out 278
369 Care and protection appraisal—obtaining agreement etc 279
370 Care and protection appraisal—obtaining agreement not in best interests of child or young person etc 280
371 Care and protection appraisal—visual examination and interview 280
Division 11.2.3 Appraisal orders
372 What is an appraisal order? 282
373 What is a temporary parental responsibility provision? 283
374 Offence—contravene appraisal order 283
375 Appraisal orders—prevails over care and protection orders 284
376 Appraisal orders—application by director‑general 284
377 Appraisal orders—urgent applications 285
378 Appraisal orders—application to state grounds 286
379 Appraisal orders—who must be given application 286
380 Appraisal orders—court to consider application promptly 287
381 Appraisal orders—no interim orders 287
382 Appraisal orders—criteria for making 287
383 Appraisal orders—different provisions and requirements 288
384 Appraisal orders—length 289
385 Appraisal orders—extension application 289
386 Appraisal orders—who must be given extension application? 290
387 Appraisal orders—court to consider extension application promptly 290
388 Appraisal orders—criteria for extension 291
Chapter 12 Care and protection—voluntary agreements to transfer or share parental responsibility
Part 12.1 Definitions
389 Definitions—Act and ch 12 292
Part 12.2 Registration of family group conference agreements that transfer or share parental responsibility
390 Registered family group conference agreement—application 293
391 Registered family group conference agreement—registration 294
392 Registered family group conference agreement—notice 295
393 Registered family group conference agreement—effect and enforcement 295
Part 12.3 Voluntary agreement to share parental responsibility with director‑general
394 What is a voluntary care agreement? 296
395 Voluntary care agreements—who may initiate? 297
396 Voluntary care agreements—who are parties? 297
397 Voluntary care agreements—director‑general’s criteria 298
398 Voluntary care agreements—start day 299
399 Voluntary care agreements—length 299
400 Voluntary care agreements—extension 299
401 Voluntary care agreements—early ending 301
402 Voluntary care agreements—return of children and young people 301
Chapter 13 Care and protection—emergency situations
Part 13.1 Emergency action
403 When are children and young people in need of emergency care and protection? 303
405 What is emergency action? 303
406 Emergency action—criteria for taking emergency action 304
407 Emergency action—assistance 304
408 Emergency action—certain people must be told 305
409 Emergency action—daily care responsibility after action 306
410 Emergency action—length of daily care responsibility 307
411 Care and protection appraisal and placement 307
412 Emergency action—contact with family 308
413 Emergency action—application for orders 308
414 Emergency action—end of daily care responsibility 309
415 Emergency action—return of child or young person 309
Part 13.2 Emergency action release orders
416 What is an emergency action release order? 311
417 Emergency action release order—application 311
418 Emergency action release order—application to state grounds 312
419 Emergency action release order—who must be given application 312
420 Emergency action release order—criteria for making 313
Chapter 14 Care and protection—care and protection orders
Part 14.1 Preliminary
421 Definitions—ch 14 314
422 What is a care and protection order? 315
423 Offence—contravene care and protection order 316
Part 14.2 Applications for care and protection orders
424 Care and protection order—application by director‑general 317
425 Care and protection order—application by others 317
426 Care and protection order—application must state provisions sought and grounds 318
427 Care and protection orders—who must be given application 319
428 Care and protection order—cross-application for different provisions 319
429 Care and protection order—cross-application must state provisions sought and grounds 320
430 Care and protection order—court to consider application and cross-application promptly 321
Part 14.3 Interim care and protection matters
Division 14.3.1 General
431 Interim matters—Court action before adjournment 322
432 Interim matters—court-ordered meeting 323
Division 14.3.2 Interim care and protection orders
433 Interim matters—interim care and protection orders 324
434 Offence—contravene interim care and protection order 325
435 Interim care and protection orders—revocation or amendment 326
Division 14.3.3 Assessment orders
436 What is an assessment order? 327
437 Care and protection assessment—terms of reference for care and protection assessment 328
438 Care and protection assessment—authorisation of assessors 329
439 Care and protection assessment—report after making 330
440 Offence—contravene assessment order 330
441 Assessment orders—prevails over care and protection order 330
442 Assessment orders—on application or court’s own initiative 331
443 Assessment orders—application by party 331
444 Assessment orders—application to state grounds 331
445 Assessment orders—who must be given application 332
446 Assessment orders—court to consider application promptly 332
447 Assessment orders—no interim order 332
448 Assessment orders—criteria for making 333
449 Assessment orders—length 333
450 Assessment orders—extension application 334
451 Assessment orders—extension application must state grounds 334
452 Assessment orders—who must be given extension application? 334
453 Assessment orders—court to consider extension application promptly 335
454 Assessment orders—criteria for extension 335
Division 14.3.4 Care plans
455 What is a care plan? 336
456 Care plans—stability proposals 337
457 Care plans—who must be consulted 339
Division 14.3.5 Protection orders
458 Definitions—div 14.3.5 340
459 Childrens Court may make or amend protection orders 340
460 Effect of making protection order under this Act 342
Part 14.4 Making care and protection orders
464 Care and protection order—criteria for making 343
465 Care and protection order—length 345
Part 14.5 Extending, amending and revoking care and protection orders
466 Care and protection order—extension and amendment applications 346
467 Care and protection order—revocation applications 347
468 Care and protection order—application to state what sought and grounds 348
469 Care and protection order—who must be given extension, amendment or revocation 348
470 Care and protection order—court to consider extension, amendment and revocation applications promptly 349
471 Care and protection order—criteria for extensions and amendments 349
472 Care and protection order—criteria for revocation 350
473 Care and protection orders—financial burdens 351
Part 14.6 Parental responsibility provisions
Division 14.6.1 General
474 What is a parental responsibility provision? 352
475 Director‑general sharing daily care responsibility 353
Division 14.6.2 Short-term parental responsibility provisions
476 What is a short-term parental responsibility provision? 353
477 Short-term parental responsibility provision—extension 354
478 Short-term parental responsibility provision—financial contribution 356
Division 14.6.3 Long-term parental responsibility provisions
479 What is a long-term parental responsibility provision? 357
480 Long-term parental responsibility provision—financial contribution by parents 357
Division 14.6.4 Enduring parental responsibility provisions
481 What is an enduring parental responsibility provision? 358
482 Enduring parental responsibility provision—criteria for making 359
483 Enduring parental responsibility provision—financial contribution 361
Part 14.7 Residence provisions
484 What is a residence provision? 362
Part 14.8 Contact provisions
485 What is a contact provision? 363
486 Contact provision—presumption about contact with family 363
487 Contact provision—sibling may join proceeding without leave 364
Part 14.9 Drug use provisions
488 What is a drug use provision? 365
Part 14.10 Supervision provisions
489 What is a supervision provision? 366
490 Supervision provision—meetings with director‑general 367
Part 14.11 ACAT mental health provisions
491 What is an ACAT mental health provision? 368
Part 14.12 Specific issues provisions
492 What is a specific issues provision? 369
Part 14.13 Annual review reports—parental responsibility provisions and supervision provisions
492A Definitions—pt 14.13 370
493 What is a reviewable care and protection order? 370
494 What is an annual review report? 371
495 Annual review report—prepared at least annually 371
496 Annual review report—consultation 371
497 Annual review report—must be given to certain people 372
498 Annual review report—application for waiver of obligation to give report to someone 373
499 Annual review report—waiver of obligation to give annual review report to someone 374
500 Annual review report—public advocate may require director‑general to give annual review report to someone 374
501 Annual review report—extension of care and protection order 375
Chapter 14A Care and protection—therapeutic support panel for children and young people
Part 14A.1 Preliminary
501A Definitions—ch 14A 376
Part 14A.2 Therapeutic Support Panel for Children and Young People
501B Establishment of panel 378
501C Functions of panel 378
501D Panel members 379
501E Appointment of panel members 379
501F Appointment of chair of panel 381
501G Functions of chair of panel 382
501H Appointment of deputy chair of panel 383
501I Functions of deputy chair of panel 383
501J Conduct of panel meetings 383
501K Conflict of interest 383
501L Ending member appointments 384
501M Appointment of advisers 384
501N Director‑general to give support to panel 385
501O Arrangements for panel staff and facilities 385
501P Power to obtain information from information sharing entity 385
Part 14A.3 Referrals to therapeutic support panel
501Q Referrals to therapeutic support panel 387
501R Panel to act on referrals 388
501S Panel must take into account harm statement 389
Part 14A.4 Reporting by therapeutic support panel
501T Report to Minister 390
Chapter 15 Care and protection—director‑general has aspect of parental responsibility
Part 15.1 General
502 Definitions—Act 391
503 Director‑general may provide assistance 392
Part 15.2 Director‑general has long-term care responsibility
504 Director‑general sharing long-term care responsibility 394
505 Director‑general must consult about long-term care 394
Part 15.3 Director‑general has daily care responsibility
506 Pt 15.3 applies to care and protection chapters 395
507 Public advocate etc to be told about action following appraisals 396
Part 15.4 Out-of-home carers
Division 15.4.1 Placement with out-of-home carer
508 Who is an out-of-home carer? 398
512 Director-general must place child or young person with out‑of‑home carer 398
513 Priorities for placement with out-of-home carer—Aboriginal or Torres Strait Islander child or young person 400
514 Residential care service may accommodate child or young person at place of care 401
Division 15.4.1A Approval of carers
514A Approved carers—individual may apply 402
514B Approved carers—director‑general may approve 402
514C Approved carers—criteria for approval 404
514D Approved carers—further information, references etc 404
514E Approved carers—expiry and renewal of approvals 405
514EA Approved carers—revocation of approval 406
514F Offence—ongoing duty to update information 407
Division 15.4.2 Authorisation of out-of-home carers and approval of places of care
516 Kinship carer—specific parental authority 408
518 Foster carer—specific parental authority 409
520 Residential care service—general parental authority 410
521 Out-of-home carer must be given copy of authorisation and any relevant court orders 411
524 Revocation of residential care service’s authorisation 411
525 Approval of places of care 413
Division 15.4.3 Information and items to be kept by foster carers and residential care services
526 Definitions—div 15.4.3 414
527 Information and items must be kept during placement 415
528 Information and items must be kept after placement ends 415
529 Child or young person may have access to information and items 416
Part 15.5 Transition from out-of-home care
Division 15.5.1 Preliminary
529A Object—pt 15.5 418
529B Who is a young adult?—pt 15.5 418
529BA Who is a previous out-of-home carer for a person?—pt 15.5 418
Division 15.5.2 Transition plans
529C What is a transition plan? 418
529D Transition plans—when prepared 419
529E Transition plans—consultation 420
529F Transition plans—review—young person for whom director‑general has parental responsibility 420
529G Transition plans—review—young person for whom director‑general does not have parental responsibility 421
529H Transition plans—review—young adult 422
Division 15.5.3 Assistance after leaving out‑of‑home care
529I Assistance generally 422
529J Financial assistance—child, young person or young adult 424
529JA Financial assistance—previous out‑of‑home carer 424
Division 15.5.4 Entitlement to personal items and access to protected information
529K Entitlement to personal items 425
529L Access to protected information—young person 425
529M Access to protected information—young adult 426
529N Access to protected information—support and assistance 426
Chapter 16 Care and protection—intensive therapy for children and young people
Part 16.1 Preliminary
530 Definitions—Act and ch 16 427
531 Confinement only under intensive therapy order 428
Part 16.2 Intensive therapy orders
Division 16.2.1 Definitions—Act and ch 16
532 What is an intensive therapy order? 429
533 What is harmful conduct? 430
534 What is a risk assessment? 430
535 What is an intensive therapy place? 431
536 What is a therapy plan? 431
537 What is intensive therapy history? 433
538 What is a therapy transition plan? 434
Division 16.2.2 Applications for intensive therapy orders
539 Intensive therapy order—application by director‑general 434
540 Intensive therapy order—application to state grounds etc 434
541 Intensive therapy orders—who must be given application 436
542 Intensive therapy order—Childrens Court to consider application promptly 436
Division 16.2.3 Interim intensive therapy orders
543 What is an interim intensive therapy order? 437
544 Interim intensive therapy order—criteria for making 438
545 Interim intensive therapy order—confinement direction 438
546 Interim intensive therapy order—length 439
547 Interim intensive therapy order—further order 439
548 Offence—interim intensive therapy order 439
Division 16.2.4 Making an intensive therapy order
549 Intensive therapy order—criteria for making 440
550 Intensive therapy order—confinement directions 442
551 Intensive therapy order—length 442
552 Intensive therapy order—statement of reasons 443
553 Offence—intensive therapy order 443
Division 16.2.5 Review of intensive therapy orders
554 Definitions—div 16.2.5 444
555 Initial review 444
556 Ongoing review 444
557 Review—views to be considered 445
558 Review report 445
559 Director‑general’s action after review 446
Division 16.2.6 Extending an intensive therapy order
560 Intensive therapy order—extension application 447
561 Intensive therapy order—extension application must state grounds etc 447
562 Intensive therapy order—who must be given extension application 448
563 Intensive therapy order—Childrens Court to consider extension application promptly 448
564 Intensive therapy order—criteria for extension up to 6 months 449
565 Intensive therapy order extension—statement of reasons 450
Division 16.2.7 Amending or revoking an intensive therapy order
566 Intensive therapy order—amendment 450
567 Intensive therapy order—revocation 451
568 Intensive therapy order—application for amendment or revocation 451
569 Intensive therapy order—application for amendment must state grounds etc 451
570 Intensive therapy order—application for revocation must state grounds etc 453
571 Intensive therapy order—who must be given application for amendment or revocation 453
572 Intensive therapy order—Childrens Court to consider application for amendment or revocation promptly 454
573 Intensive therapy order amendment or revocation—criteria for amendment or revocation 454
574 Intensive therapy order amendment or revocation—statement of reasons 455
Division 16.2.8 Mental health referral
575 Referral of young person with mental disorder or illness 455
Part 16.3 Children and young people in intensive therapy
Division 16.3.1 Preliminary
576 When is a child or young person in intensive therapy? 457
Division 16.3.2 Confinement
577 Confinement direction 457
Division 16.3.3 Visits by accredited people
578 Who is an accredited person? 458
579 Intensive therapy—visits by accredited people must be allowed 459
580 Intensive therapy—visits by accredited people 459
Division 16.3.4 Searches and seizure
581 Application—div 16.3.4 460
582 Meaning of owner—div 16.3.4 460
583 Search and seizure—powers 460
584 Searches—intrusiveness 461
585 Searches—use of force 462
586 Seized property—must tell owner 462
587 Seized property—forfeiture 463
588 Seized property—return 464
Part 16.4 Intensive therapy—administration
Division 16.4.1 Intensive therapy places
589 Intensive therapy place—declaration 465
590 Intensive therapy place—exclusion of matters from declaration etc 465
591 Intensive therapy place—policies and procedures 466
592 Authorisation of operating entity for intensive therapy place 466
593 Suspension of operating entity’s authorisation 466
594 Revocation of operating entity’s authorisation 467
Division 16.4.2 Therapy plans
595 Public advocate etc may be given therapy plan 468
Division 16.4.3 Intensive therapy register
596 Intensive therapy register 468
597 Intensive therapy register—who may have access? 470
598 Intensive therapy register—public advocate to inspect 470
Chapter 16A Care and protection—notification and review of certain decisions
Part 16A.1 Preliminary
635A Definitions—ch 16A 471
Part 16A.2 Internal review
635B Internal review notices 472
635C Application for internal review 472
635D Application not affect internally reviewable decision 473
635E Internal review 473
635F Application for ACAT review—internally reviewable decision 474
Part 16A.3 ACAT review
635G Reviewable decision notices 475
635H Application for ACAT review—reviewable decision 475
635I Application for ACAT review by certain statutory office‑holders—reviewable decision 475
Part 16A.4 ACAT Procedural matters
Division 16A.4.1 Preliminary
635J Definitions—pt 16A.4 476
Division 16A.4.2 Parties and appearance
635K Parties to review application 476
635L Affected people to be notified about review application 476
635M Appearance 477
Division 16A.4.3 Children and young people in review applications
635N Meaning of direct legal representative and independent legal representative—div 16A.4.3 478
635O Children and young people’s right to express views to ACAT 478
635P Appointment of legal representative for child or young person 478
635Q Legal representative to act as direct legal representative or independent legal representative 479
635R Functions of legal representative 479
635S Removal of legal representative 480
635T Appointment of litigation guardian for child or young person 480
635U Functions of litigation guardian 481
635V Removal of litigation guardian 482
635W Children and young people not to be compelled to give evidence 482
635X Questioning children and young people 482
Division 16A.4.4 Miscellaneous
635Y Hearings to be in private 483
635Z Non-disclosure of information in notices and statements 483
635ZA Matter before ACAT and court 485
635ZB Review of ch 16A 485
Chapter 17Care and protection—interstate transfer of orders and proceedings
Part 17.1 Preliminary
636 Object of ch 17 487
637 Definitions—ch 17 487
638 What is a child welfare order? 489
639 What is a child welfare proceeding? 489
640 What is a child welfare law? 489
641 What is an interstate law? 490
642 Who is an interstate officer? 490
Part 17.2 Interstate transfer of ACT child welfare orders
Division 17.2.1 Transfers of orders by director‑general
643 Director‑general may transfer child welfare order 492
644 Director‑general transfer—considerations 493
645 Director‑general transfer—certain people must agree 494
646 Director‑general transfer—certain people must be told 496
647 Director‑general transfer—limited time for review 496
Division 17.2.2 Transfer of orders by Childrens Court
648 Childrens Court transfer—application 497
649 Childrens Court transfer—criteria 497
650 Childrens Court transfer—interstate orders 498
651 Childrens Court transfer—considerations 499
652 Childrens Court transfer—care plans 500
653 Childrens Court transfer—appeal applications 500
654 Childrens Court transfer—appeals 500
Division 17.2.3 Interstate registration of ACT orders
655 Interstate registration of ACT orders—effect 501
656 Interstate registration of ACT orders—revocation 501
657 Interstate registration of ACT orders—Childrens Court file 502
Part 17.3 Interstate transfer of ACT child welfare proceedings
658 Transfer of ACT proceedings—applications 503
659 Transfer of ACT proceedings—criteria 503
660 Transfer of ACT proceedings—considerations 504
661 Transfer of ACT proceedings—interim orders 504
662 Transfer of ACT proceedings—appeal applications 505
663 Transfer of ACT proceedings—appeals 506
664 Transfer of ACT proceedings—revocation of registration 506
665 Transfer of ACT proceedings—Childrens Court file 507
Part 17.4 ACT registration of interstate child welfare orders
666 ACT registration—interstate child welfare orders 508
667 ACT registration of interstate orders—interstate registrar 508
668 ACT registration of interstate orders—effect 509
669 ACT registration of interstate orders—application for revocation 509
670 ACT registration of interstate orders—revocation 510
671 ACT revocation of interstate orders—interstate registrar 511
Part 17.5 ACT registration of interstate child welfare proceedings
672 ACT registration—interstate child welfare proceedings 512
673 ACT registration of interstate proceedings—interstate registrar 512
674 ACT registration of interstate proceedings—effect 513
675 ACT registration of interstate proceedings—application for revocation 513
676 ACT registration of interstate proceedings—revocation 514
677 ACT registration of interstate proceedings—interstate registrar 515
Part 17.6 Interstate transfer of child welfare orders and proceedings—miscellaneous
678 ACT registration of interstate orders and proceedings—Maori children and young people 516
Chapter 18 Care and protection—police assistance
Part 18.1 Assistance in carrying out orders etc
679 Police assistance 517
680 Police powers 518
681 Seized things may be kept until matter completed 519
682 Offence—failure to answer police questions 519
Part 18.2 Safe custody
683 Safe custody—parental responsibility to director‑general 520
684 What is a safe custody warrant? 520
685 Safe custody warrant—application 520
686 Safe custody warrant—criteria 521
687 Safe custody warrant—content 522
688 Safe custody warrant—application made other than in person 523
689 Safe custody warrant—announcement before entry 524
690 Safe custody warrant—details of warrant to be given to occupier etc 525
691 Safe custody warrant—occupier entitled to be present etc 525
692 Safe custody warrant—placement of child or young person 526
693 Offence—remove child or young person 526
694 Safe custody—matter must be brought to court promptly 527
Chapter 19 Care and protection—provisions applying to court proceedings under care and protection chapters
Part 19.1 Applications
695 Application—includes cross-application 528
696 Application—must include statements, documents and reports 528
697 Application—statements and reports to be signed etc 529
698 Application—oral applications 529
699 Application—withdrawal or discontinuance 530
Part 19.2 Parties
700 Parties—who are parties to an application? 531
701 Parties—hearing in party’s or other person’s absence 532
702 Parties—failure to attend proceeding 532
703 Parties—court may join affected party 533
704 Parties—application to join party 533
705 Parties—filed material to be given to joined parties 534
706 Parties—application for removal of party 534
707 Parties—court may remove party 534
708 Parties—notice of address for service 535
709 Parties—representation 535
710 Exclusion of people from hearings 536
Part 19.3 Standard of proof
711 Standard of proof 537
Part 19.4 Witnesses and evidence
712 Procedures at hearings to be informal 538
713 Court may call witnesses 538
714 Court may summons people to attend 538
715 Child or young person as witness 539
716 Court not bound by rules of evidence 539
717 Restriction on taking evidence 540
Part 19.5 Orders
718 Orders—obligations on people 541
719 Orders—by agreement 541
720 Orders—must be given to people 542
721 Residence, contact and specific issues provisions—giving, amending or extending directions 542
722 Orders—statement of reasons 544
723 Orders about service 545
Part 19.6 Costs
724 Costs—parties bear own unless court orders otherwise 546
725 Costs—frivolous, vexatious, dishonest application 546
726 Costs—parties bear own costs unless order otherwise 547
727 Costs—how court may share costs 547
Part 19.7 Proceedings related to discrimination complaints
727AA Declaration in relation to discrimination complaint 548
727AB Discrimination commissioner may make submission 549
Chapter 19A Children and Young People Death Review Committee
Part 19A.1 Establishment and functions of committee
727A Establishment of committee 550
727B Functions of committee 550
727C Committee members 551
727D Appointment of committee members 551
727E Appointment of chair of committee 553
727EA Appointment of deputy chair of committee 554
727F Conflict of interest 554
727H Ending member appointments 554
727I Arrangements for staff 555
727IA Appointment of advisers 555
Part 19A.2 Meetings of committee
727J Meetings 556
727K Presiding member at meetings 556
727L Quorum at meetings 556
727M Voting at meetings 556
Part 19A.3 Register of deaths of children and young people
727N Children and young people deaths register 557
727O Obtaining information from certain entities 558
727P Exchanging information with corresponding interstate entities 559
727Q Power to ask for information, documents and other things 559
727R Children and young people deaths register—who may have access? 560
Part 19A.4 Reporting by committee
727S Biennial reporting 562
727T Other reports 563
Chapter 20Childcare services
Part 20.1 Childcare services—preliminary
728 Definitions—Act and ch 20 564
729 Objects—ch 20 565
730 Principles—ch 20 565
731 Application—ch 20 566
Part 20.2 Childcare services—important concepts
732 What is a childcare service? 567
733 What is a childcare centre? 567
734 What is a family day care scheme? 568
735 Who is the proprietor of a childcare service? 568
736 Who is a controlling person for a childcare service? 569
737 Offence—fail to notify change of controlling person 569
Part 20.3 Childcare services—offences
738 Who is a responsible person for a childcare service? 570
739 Offence—fail to protect child from injury 570
740 Offence—fail to supervise child 571
741 Offence—unreasonably discipline child 571
742 Offence—fail to maintain buildings, equipment etc 572
Part 20.4 Childcare services—childcare service licences
Division 20.4.1 Childcare service licences—application, eligibility, etc
743 Childcare service licence—proposed proprietor may apply 573
744 Childcare service licence—further information 574
745 Childcare service licence—director‑general need not decide if no information or inspection 574
746 Childcare service licence—eligibility 575
747 Childcare service licence—decision on application 575
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
8 Aug 200817 July 2008–
8 Sept 2008 (not in force)A2008‑20 uncommenced provisions inserted by A2008‑20 sch 1 pt 1.1 R2
9 Sept 20089 Sept 2008–
9 Sept 2008A2008‑36 commenced provisions R3
3 Oct 200810 Sept 2008–
9 Oct 2008A2008‑46 commenced expiry R4
10 Oct 200810 Oct 2008–
26 Oct 2008A2008‑46 commenced expiry R5
27 Oct 200827 Oct 2008–
15 Dec 2008A2008‑46 commenced provisions R6
16 Dec 200816 Dec 2008–
1 Feb 2009A2008‑46 changed commencement by CN2008-17 R7
2 Feb 20092 Feb 2009–
26 Feb 2009A2008‑46 amendments by A2008‑36 R8
27 Feb 200927 Feb 2009–
9 Mar 2009A2008‑46 commenced provisions and modifications by SL2009‑4 R9
10 Mar 200910 Mar 2009–
29 Mar 2009A2008‑46 commenced expiry R10
30 Mar 200930 Mar 2009–
16 July 2009SL2009‑4 editorial amendments under Legislation Act (see ineffective amendments by A2008‑46) R11
17 July 200917 July 2009–
21 Sept 2009A2009‑17 commenced provisions and amendments by A2009‑17 R12
22 Sept 200922 Sept 2009–
30 Sept 2009A2009‑28 amendments by A2009‑20 R13
1 Oct 20091 Oct 2009–
16 Dec 2009A2009‑28 amendments by A2009‑28 R14
17 Dec 200917 Dec 2009–
31 Dec 2009A2009‑49 amendments by A2009‑49 R15
1 Jan 20101 Jan 2010–
4 Mar 2010A2009‑49 amendments by A2009‑40 R16
5 Mar 20105 Mar 2010–
21 Apr 2010A2010‑9 amendments by A2010‑9 R17
22 Apr 201022 Apr 2010–
2 June 2010A2010‑10 amendments by A2009‑36 R18
3 June 20103 June 2010–
30 June 2010A2010‑18 amendments by A2010‑18 R19
1 July 20101 July 2010–
15 Aug 2010A2010‑18 amendments by A2010‑10 R20
16 Aug 201016 Aug 2010–
29 Sept 2010A2010‑18 amendments by A2010‑2 R21
30 Sept 201030 Sept 2010–
1 Nov 2010A2010‑38 amendments by A2010‑38 R22
2 Nov 20102 Nov 2010–
30 Nov 2010A2010‑40 amendments by A2010‑40 R23*
1 Dec 20101 Dec 2010–
30 June 2011A2010‑43 amendments by A2010‑43 R24
1 July 20111 July 2011–
16 Sept 2011A2011‑22 amendments by A2011‑22 R25
17 Sept 201117 Sept 2011–
20 Sept 2011A2011‑22 amendments by A2011‑9 and A2011‑22 R26
21 Sept 201121 Sept 2011–
31 Dec 2011A2011‑28 amendments by A2011‑28 R27
1 Jan 20121 Jan 2012–
29 Feb 2012A2011‑55 amendments by A2011‑43 and A2011‑55 R28
1 Mar 20121 Mar 2012–
7 Nov 2012A2012‑3 amendments by A2011‑48 and A2012‑3 R29
8 Nov 20128 Nov 2012–
27 Mar 2013A2012‑3 amendments by A2011‑45 R30
28 Mar 201328 Mar 2013–
12 July 2013A2013‑10 amendments by A2013‑10 R31
13 July 201313 July 2013–
31 Aug 2013A2013-21 amendments by A2013-21 R32
1 Sept 20131 Sept 2013–
9 Sept 2013A2013‑22 amendments by A2012‑33 and A2013‑22 R33
10 Sept 201310 Sept 2013–
24 Nov 2013A2013‑22 expiry of transitional provisions (ch 27) and modification (s 969) R34*
25 Nov 201325 Nov 2013–
16 Nov 2014A2013-44 amendments by A2013-44 R35
17 Nov 201417 Nov 2014–
19 Nov 2014A2014‑49 amendments by A2014‑49 R36
20 Nov 201420 Nov 2014–
2 Mar 2015A2014‑49 amendments by A2014‑48 R37
3 Mar 20153 Mar 2015–
20 May 2015A2015-3 amendments by A2015-3 R38
21 May 201521 May 2015–
30 June 2015A2015-13 amendments by A2015-13 R39
1 July 20151 July 2015–
1 Oct 2015A2015‑22 amendments by A2015‑22 R40
2 Oct 20152 Oct 2015–
7 Oct 2015A2015‑37 amendments by A2015‑37 R41
8 Oct 20158 Oct 2015–
4 Nov 2015A2015‑37 updated endnotes as amended by A2015‑38 R42
5 Nov 20155 Nov 2015–
30 Nov 2015A2015-40 amendments by A2015-40 R43
1 Dec 20151 Dec 2015–
8 Dec 2015A2015-40 amendments by A2015-29 R44
9 Dec 20159 Dec 2015–
31 Dec 2015A2015-50 amendments by A2015-50 R45
1 Jan 20161 Jan 2016–
29 Feb 2016A2015-50 amendments by A2015-46 R46
1 Mar 20161 Mar 2016–
31 Mar 2016A2015‑50 amendments by A2014-51 and A2015-38 R47
1 Apr 20161 Apr 2016–
26 Apr 2016A2016‑13 amendments by A2016‑13 R48
27 Apr 201627 Apr 216–
3 May 2016A2016-18 amendments by A2016-18 R49
4 May 20154 May 2016–
20 June 2016A2016-18 amendments by A2015-40 R50
21 June 201621 June 2016–
22 June 2016A2016-32 amendments by A2016-32 R51
23 June 201623 June 2016–
30 June 2016A2016-38 amendments by A2016-38 R52
1 July 20161 July 2016–
31 July 2016A2016-38 expiry of transitional provisions (ch 28) R53
1 Aug 20161 Aug 2016–
17 Aug 2016A2016‑38 amendments by A2016-20 R54
18 Aug 201618 Aug 2016–
28 Aug 2016A2016‑39 amendments by A2016‑39 R55
29 Aug 201629 Aug 2016–
31 Aug 2016A2016‑39 amendments by A2016‑7 R56
1 Sept 20161 Sept 2016–
30 Apr 2017A2016‑52 amendments by A2016‑52 R57
1 May 20171 May 2017–
23 May 2017A2017‑10 amendments by A2016‑42 as amended by A2017‑10 R58
24 May 201724 May 2017–
30 June 2017A2017‑14 updated endnotes
as amended by A2017‑14R59
1 July 20171 July 2017–
17 Sept 2017A2017‑14 amendments by A2016‑39 R60
18 Sept 201718 Sept 2017–
12 Dec 2017A2017‑14 expiry of provisions (s 727N (6), (7) and s 727U) R61
13 Dec 201713 Dec 2017–
31 Dec 2017A2017‑48 amendments by A2017‑48 R62
1 Jan 20181 Jan 2018–
25 Apr 2018A2017‑14 amendments by A2016-55
as amended by A2017‑14R63
26 April 201826 April 2018–
30 June 2018A2018‑9 amendments by A2018‑9 R64
1 July 20181 July 2018–
8 Aug 2018A2018‑9 expiry of transitional provisions (ch 30) R65
9 Aug 20189 Aug 2018–
22 Oct 2018A2018‑25 amendments by A2018‑24 and A2018‑25 R66
23 Oct 201823 Oct 2018–
21 Nov 2018A2018‑33 amendments by A2018‑33 R67
22 Nov 201822 Nov 2018–
4 Dec 2018A2018‑42 amendments by A2018‑42 R68
5 Dec 20185 Dec 2018–
1 Jan 2019A2018‑46 amendments by A2018‑46 R69
2 Jan 20192 Jan 2019–
31 Aug 2019A2018‑46 expiry of transitional provisions (ch 29) R70
1 Sept 20191 Sept 2019–
2 Oct 2019A2019‑6 amendments by A2019‑6 R71
3 Oct 20193 Oct 2019–
13 Nov 2019A2019‑29 amendments by A2019‑29 R72
14 Nov 201914 Nov 2019–
30 Nov 2019A2019‑42 amendments by A2019‑42 R73
1 Dec 20191 Dec 2019–
6 Dec 2019A2019‑42 amendments by A2018-52
as amended by A2019-18R74
7 Dec 20197 Dec 2019–
7 Apr 2020A2019‑47 amendments by A2019‑47 R75
8 Apr 20208 Apr 2020–
13 May 2020A2020‑11 amendments by A2020‑11 R76
14 May 202014 May 2020–
31 Dec 2020A2020-14 amendments by A2020-14 R77
1 Jan 20211 Jan 2021–
31 Jan 2021A2020-14 expiry of transitional provisions (ch 31) R78
1 Feb 20211 Feb 2021–
8 Apr 2021A2020‑29 amendments by A2020‑29 R79
9 Apr 20219 Apr 2021–
13 Oct 2021A2020‑29 expiry of provisions (s 149 (2A), (3A) to (3D), (8), (9)) R80
14 Oct 202114 Oct 2021–
16 Aug 2022A2021‑24 amendments by A2021‑24 R81
17 Aug 202217 Aug 2022–
23 Aug 2022A2022‑13 amendments by A2022‑13 R82
24 Aug 202224 Aug 2022–
6 Oct 2022A2022‑14 amendments by A2022‑14 R83
7 Oct 20227 Oct 2022–
14 Dec 2022A2022‑14 expiry of provisions (s 241A, s 242 (3A), (6A), (7A), (9), (10), s 245 (1) (ba), (5) and s 287 (1) (sa), (3)) R84
15 Dec 202215 Dec 2022–
19 Dec 2022A2022‑25 amendments by A2022‑25 R85
20 Dec20 Dec 2022–
29 Dec 2022A2022‑25 amendments by A2022-10 R86
30 Dec 202230 Dec 2022–
29 Mar 2023A2022‑25 expiry of provisions (s 400A, s 423 (2)‑(4)) R87
30 Mar 202330 Mar 2023–
11 Apr 2023A2022‑25 expiry of provisions (s 384 (3)-(5), s 410 (2)-(5), s 454 (3)-(5), s 514EAA) R88
12 Apr 202312 Apr 2023–
29 Sept 2023A2023‑12 amendments by A2023‑12 R89
30 Sept 202330 Sept 2023–
26 Mar 2024A2023‑12 expiry of provisions (s 149 (2A), (3A)‑(3D), (8), (9)) R90
27 Mar 202427 Mar 2024–
10 Apr 2024A2023‑45 amendments by A2023‑45 R91
11 Apr 202411 Apr 2024–
30 June 2024A2023‑45 amendments by A2023‑7 R92
1 July 20231 July 2024–
10 July 2024A2024‑3 amendments by A2023-49 as amended by A2024‑3 R93
11 July 202411 July 2024–
17 Sept 2024A2024‑34 amendments by A2024-33 and A2024‑34 R94
18 Sept 202418 Sept 2024–
30 June 2025A2024‑41 amendments by A2024‑41 R95
1 July 20251 July 2025–
1 July 2025A2024‑41 amendments by A2024‑34 R96
2 July 20252 July 2025–
15 Nov 2025A2024‑41 expiry of transitional provisions (ch 32)
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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