Children and Young People Amendment Act 2013 (No 2) (ACT)

Children and Young People Amendment Act 2013 (No 2)

A2013-21

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            What is emergency action?Section 405, definition of emergency action, note 1  2

5            Public advocate to be told about action following appraisalsSection 507 (1) (c), note 2  2

6            Section 512 heading  2

7           Section 512 (1)  3

8            Application—ch 20Section 731 (1) (e), note  4

Children and Young People Amendment Act 2013 (No 2)

A2013-21

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 (No 2).

2. Commencement

   This Act commences on the 30th 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. What is emergency action?
   Section 405, definition of emergency action, note 1

   omit

5. Public advocate to be told about action following appraisals
   Section 507 (1) (c), note 2

   omit

6. Section 512 heading

   substitute

7. Director-general must place child or young person with out‑of‑home carer

8. Section 512 (1)

   substitute

   (1)If the director‑general has daily care responsibility for a child or young person, the director‑general must place the child or young person with an out‑of‑home carer.

   (1A)However, the director-general may place—

   (a)a child or young person in a health facility if—

   (i)a doctor states in writing that, in his or her opinion, it is necessary for the wellbeing of the child or young person for daily care to be provided to the child or young person in the health facility; and

   (ii)the director-general is satisfied that—

   (A)appropriate support is available to meet the needs of the child or young person while the child or young person is in the health facility; and

   (B)those aspects of the care plan for the child or young person that can be followed while the child or young person is in the health facility will be followed; or

   (b)a young person who is 16 years old or older in an independent living arrangement if the director-general is satisfied that—

   (i)the arrangement is appropriate for the young person; and

   (ii)the proposed accommodation and the support available to the young person best meets the young person’s needs; and

   (iii)the arrangement is consistent with the young person’s care plan; or

   (c)a child or young person with the parent or guardian of the child or young person if the director-general is satisfied it is appropriate.

   (1B)Subsections (1) and (1A) are subject to any court order (under this Act or another law in force in the Territory) to the contrary.

9. Application—ch 20
   Section 731 (1) (e), note

   omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 16 May 2013.

2. Notification

   Notified under the Legislation Act on 13 June 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 (No 2), which originated in the Legislative Assembly as the Children and Young People Amendment Bill 2013 and was passed by the Assembly on 6 June 2013.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2013