Children and Young People Amendment Act 2013 (ACT)

Children and Young People Amendment Act 2013

A2013-10

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Managing use of forceNew section 223 (3A)  2

5            Section 223 (5)  2

6            Strip searches directed by director‑generalSection 258 (1) (a) (ii)  3

7           Body searches directed by director‑generalSection 264 (1) (b)  3

8            Revocation of foster carer’s authorisationNew section 523 (1) (d)  3

9            Revocation of residential care service’s authorisationNew section 524 (1) (d) and (e)  3

10          Children and young people deaths registerSection 727N (4), except examples and note  4

Children and Young People Amendment Act 2013

A2013-10

An Act to amend the Children and Young People Act 2008

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 2013.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Children and Young People Act 2008.

4. Managing use of force
   New section 223 (3A)

   insert

   (3A)The director-general must give notice to a treating doctor or a nurse if force is used in relation to a young detainee, unless the force is a planned use of restraint when the detainee is—

   (a)outside a detention place; and

   (b)being escorted somewhere else.

   Example—planned use of restraint

   using handcuffs on a young offender who has been assessed as being at risk of attempting to escape while being escorted to a dental appointment

5. Section 223 (5)

   omit

   child or young person

   substitute

   young detainee

6. Strip searches directed by director‑general
   Section 258 (1) (a) (ii)

   omit

   or good order

7. Body searches directed by director‑general
   Section 264 (1) (b)

   omit

   or good order

8. Revocation of foster carer’s authorisation
   New section 523 (1) (d)

   after the note, insert

   (d)has not acted as a foster carer in the previous 12 months, and—

   (i)is no longer willing or able to act as a foster carer; or

   (ii)cannot be contacted, despite reasonable efforts.

9. Revocation of residential care service’s authorisation
   New section 524 (1) (d) and (e)

   after the note, insert

   (d)has not acted as a residential care service in the previous 12 months; or

   (e)is no longer available to act as a residential care service.

   Example

   an entity closes its residential care service places in the ACT

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

10. Children and young people deaths register
    Section 727N (4), except examples and note

    substitute

    (4)The CYP death review committee must not include any information on the register about the cause or circumstances of the death of a child or young person until any coronial inquest or review by the Territory has ended.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 29 November 2012.

2. Notification

   Notified under the Legislation Act on 27 March 2013.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Children and Young People Amendment Bill 2013, which originated in the Legislative Assembly as the Children and Young People Amendment Bill 2012 (No 2) and was passed by the Assembly on 21 March 2013.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2013