Children and Young People Amendment Act 2001 (ACT)

Children and Young People Amendment Act 2001

An Act to amend the Children and Young People Act 1999

[Notified in ACT Gazette S24: 8 May 2001]

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

1. Name of Act

   This Act is the Children and Young People Amendment Act 2001.

2. Commencement

   This Act is taken to have commenced on 10 May 2001.

3. Act amended

   This Act amends the Children and Young People Act 1999.

4. New chapter 17

   insert

Chapter 17Transitional provisions

1. Meaning of final care order and CSA

   In this chapter:

   CSA means the Children’s Services Act 1986, as in force immediately before 10 May 2000.

   final care order means an order made under CSA, section 89 (Periodical review of orders) that—

   (a)was in force immediately before 10 May 2001; or

   (b)is made after the commencement of this chapter.

420APeriodical review of orders under CSA

1. The provisions of CSA continue to apply in relation to an application for a review under section 89 of that Act of an order if the application had not been decided immediately before the commencement of this chapter.

2. If, apart from this subsection, the order would end before it is reviewed, the order remains in force until reviewed.

3. Certain orders made under CSA

4. This section applies to a final care order of a kind mentioned in an item in schedule 2, part 2, column 3 that could have been made under the CSA section mentioned in column 2 of that item.

5. The final care order is taken to be a final care and protection order of a type mentioned in column 4 of the item.

6. Access orders under CSA

7. This section applies if, on making a final care order, the court makes, or made, an order (the access order) that a person have access to a child or young person.

8. The access order is taken to be an order under this Act that the child or young person have contact with the person.

9. Certain orders made on CSA s 89 review

   A final care and protection order purportedly made on a review under CSA, section 89 (Periodical review of orders) is taken to have been validly made.

10. Timing of review after CSA review

11. This section applies to—

    (a)a final care order that is a final care and protection order because of section 421 (Certain orders made under CSA) or section 422 (Access orders under CSA); or

    (b)a final care and protection order mentioned in section 423.

12. In applying section 267 (3) to the order, the first anniversary of the making of the order after the commencement of this section is taken to be the anniversary of the latest of the following days:

    (a)the day the order was made;

    (b)if the order was extended or varied—the last day when the order was extended or varied.

13. Notifications

14. If, before the commencement of this Act, a person had notified the director of family services under CSA, section 103 (1), the notification is taken to be a report made to the chief executive under section 158 (Voluntary reporting) of this Act.

15. If, before the commencement of this Act, a person had notified the director of family services under CSA, section 103 (2), the notification is taken to be a report made to the chief executive under section 159 (Mandatory reporting) of this Act.

16. This section expires 1 month after it commences.

17. Expiry

    Schedule 2 and this chapter expire 1 year after this chapter commences.

Endnotes

Act amended

1. Republished as in force on 10 May 2000 (Republication No 1).  See also SL 2000 Nos 41 and 49.

[Presentation speech made in Assembly on 1 May 2001]

©  Australian Capital Territory 2001