Children and Young People Amendment Act 2015 (No 3) (ACT)

Case

Children and Young People Amendment Act 2015 (No 3)

A2015-46

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Part 2.2  2

5            Who is a suitable entity?Section 61, examples 4 to 6  3

6            Director‑general may approve suitable entity for purposeSection 63 (2)  3

7           Meaning of care and protection purposeSection 352B, definition of care and protection purpose, paragraph (a)    3

8            Section 352B, examples and note  4

9            Intervention—suspension if child or young person unsafeSection 352P (3)  4

10          Offence—mandatory reporting of abuseSection 356 (2), definition of mandated reporter, new paragraph (ea)       4

11          Section 356 (2), new definition of psychologist  4

12          New section 457A  5

13          Care and protection order—lengthSection 465 (2), note 1  5

14          What is a short-term parental responsibility provision?Section 476, definition of short-term parental responsibility provision       6

15          Short-term parental responsibility provision—extensionSection 477 (1)  6

16          Section 477 (2) (a) and (b)  6

17          Enduring parental responsibility provision—criteria for makingSection 482 (1) (a) (i) and (ii)  7

18          Section 482 (1) (b) (i) and (ii)  8

19          Annual review report—consultationSection 496 (2) (c) and (d)  8

20          Annual review report—must be given to certain peopleSection 497 (1) (e)  8

21          New section 497 (1A)  8

22          New section 501A  9

23          Section 502  9

24          Who is an out-of-home carer?Section 508, definition of out-of-home carer, new note  10

25          Sections 509 to 511  10

26          Section 514, note 2  10

27          New division 15.4.1A  11

28          Definitions—ActSection 515  16

29          Section 516 heading  16

30          Section 516 (2)  16

31          Section 516 (3) (a) and note  16

32          Section 516 (3), new notes  17

33          Section 516 (5)  17

34          Authorisation of foster care serviceSection 517  17

35          Section 518 heading  17

36          Section 518 (2)  17

37          Section 518 (3)  18

38          Section 518 (5)  18

39          Authorisation of foster carer—general parental authoritySection 519  18

40          Section 520 heading  18

41          Section 520 (1)  19

42          Sections 522 and 523  19

43          Revocation of residential care service’s authorisationSection 524 (1)  19

44          Section 524 (5), note 2  19

45          Approval of places of careSection 525 (5), note 1  19

46          Definitions—div 15.4.3Section 526, definition of care entities, paragraph (a) (ii)  20

47          Section 526, definition of placement  20

48          Information and items must be kept during placementSection 527 (1)  20

49          Section 529J heading  20

50          New section 529JA  21

51          Meaning of reviewable decision—div 24.1.3Section 839, table 839.1A, new items 1A and 1B  22

52          Section 839, table 839.1A, items 2, 4, 6 and 7  22

53          Section 854 heading  22

54          Section 854 (2), definition of carer, paragraph (b)  22

55          Who is an information sharing entity?Section 859 (1), definition of information sharing entity, paragraph (d) and note         22

56          Care teams—sharing safety and wellbeing informationSection 863 (1), example 6  23

57          New section 863 (5)  23

58          Protection of people giving certain informationSection 874 (2) (n)  23

59          ACT child welfare services must assist public advocateSection 879 (3), definition of ACT child welfare service, new paragraph (f) 24

60          New chapter 29  24

61          Dictionary, new definition of approved carer  27

62          Dictionary, definition of approved foster care organisation                  28

63          Dictionary, new definition of approved kinship and foster care organisation 28

64          Dictionary, definitions of approved residential care organisation and foster carer        28

65          Dictionary, definition of foster care service  28

66          Dictionary, definitions of general parental authority etc  28

Schedule 1Working with Vulnerable People (Background Checking) Act 2011—Consequential amendments 29

Children and Young People Amendment Act 2015 (No 3)

A2015-46

An Act to amend the Children and Young People Act 2008, and for other purposes

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 2015 (No 3).

  2. Commencement

    This Act commences on 1 January 2016.

    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.

    NoteThis Act also amends the Working with Vulnerable People (Background Checking) Act 2011 (see sch 1).

  4. Part 2.2

    substitute

Part 2.2Children and Youth Services Council

  1. Establishment of council

    (1)The Minister may establish a council (a Children and Youth Services Council) from time to time to exercise stated functions for a stated period in relation to services for children and young people in the ACT.

    (2)The instrument establishing the council is a notifiable instrument.

    Note A notifiable instrument must be notified under the Legislation Act.

  2. Council members

    (1)A Children and Youth Services Council must have at least 5, but not more than 10, members.

    (2)The Minister must appoint the members.

    Note 1For the making of appointments (including acting appointments), see the 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).

  3. Who is a suitable entity?
    Section 61, examples 4 to 6

    omit

  4. Director‑general may approve suitable entity for purpose
    Section 63 (2)

    omit

  5. Meaning of care and protection purpose
    Section 352B, definition of care and protection purpose, paragraph (a)

    substitute

    (a)means any of the following purposes:

    (i)to provide kinship and foster care services;

    (ii)to provide residential care services;

    (iii)another purpose prescribed by regulation as a care and protection purpose; but

  6. Section 352B, examples and note

    substitute

    NoteOrganisations approved as suitable entities for the purpose of providing kinship and foster care services or residential care services are dealt with in ch 15.  See especially s 502, definitions of approved kinship and foster care organisation and approved residential care organisation and pt 15.4 (Out-of-home carers).

  7. Intervention—suspension if child or young person unsafe
    Section 352P (3)

    substitute

    (3)If an organisation’s approval is suspended by a safety suspension notice and the organisation holds an authorisation under section 520 (Residential care service—general parental authority), the organisation’s authorisation under section 520 is also suspended for the period of the safety suspension notice.

  8. Offence—mandatory reporting of abuse
    Section 356 (2), definition of mandated reporter, new paragraph (ea)

    after the note, insert

    (ea)a psychologist;

  9. Section 356 (2), new definition of psychologist

    insert

    psychologist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the psychology profession (other than as a student).

  10. New section 457A

    in division 14.3.4, insert

457ACare plans—director‑general delegations

The director‑general may delegate any of the director‑general’s functions under this division to—

(a)a responsible person for an approved kinship and foster care organisation; or

(b)a responsible person for a residential care service.

Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Note 2If the director‑general delegates a function under this part, the delegate is an authorised person and must be given an identity card (see s 26).

Note 3The Public Sector Management Act 1994, s 36C also provides for a director‑general to delegate powers given to the director‑general under a territory law.

  1. Care and protection order—length
    Section 465 (2), note 1

    omit

    (not longer than 2 years)

  2. What is a short-term parental responsibility provision?
    Section 476, definition of short-term parental responsibility provision

    omit

    not longer than 2 years

    substitute

    not longer than—

    (a)for a child who is younger than 2 years old when the order is made—1 year; and

    (b)in any other case—2 years

  3. Short-term parental responsibility provision—extension
    Section 477 (1)

    after

    order

    insert

    (the extension decision)

  4. Section 477 (2) (a) and (b)

    substitute

    (a)for a child who is younger than 2 years old when the extension decision is made—

    (i)the director‑general has had an aspect of daily care responsibility or long-term care responsibility for a total of at least 1 year before the extension decision is made; and

    (ii)the child or young person has been living with a stated person under a care and protection order for a total of at least 1 year before the extension decision is made; or

    (b)in any other case—

    (i)the director‑general has had an aspect of daily care responsibility or long-term care responsibility for—

    (A)the 2 years immediately before the extension decision is made; or

    (B)a total of at least 2 years in the 3 years immediately before the extension decision is made; and

    (ii)the child or young person has been living with a stated person under a care and protection order for—

    (A)the 2 years immediately before the extension decision is made; or

    (B)a total of at least 2 years in the 3 years immediately before the extension decision is made.

  5. Enduring parental responsibility provision—criteria for making
    Section 482 (1) (a) (i) and (ii)

    substitute

    (i)the year immediately before the order is made; or

    (ii)a total of at least 1 year in the 2 years immediately before the order is made; and

  6. Section 482 (1) (b) (i) and (ii)

    substitute

    (i)the year immediately before the order is made; or

    (ii)a total of at least 1 year in the 2 years immediately before the order is made; and

  7. Annual review report—consultation
    Section 496 (2) (c) and (d)

    substitute

    (c)if the child or young person is placed with an out-of-home carer who is—

    (i)a kinship carer—the kinship carer and the kinship carer’s approved kinship and foster care organisation; or

    (ii)for a foster carer—the foster carer and the foster carer’s approved kinship and foster care organisation; or

    (iii)for a residential care service—the residential care service;

  8. Annual review report—must be given to certain people
    Section 497 (1) (e)

    omit

  9. New section 497 (1A)

    after the note, insert

    (1A)If requested by the Childrens Court, the director‑general must also give an annual review report for a care and protection order for a child or young person to the Childrens Court.

  10. New section 501A

    in part 14.13, insert

501ADirector‑general delegations

The director‑general may delegate any of the director‑general’s functions under this part to—

(a)a responsible person for an approved kinship and foster care organisation; or

(b)a responsible person for a residential care service.

Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Note 2If the director‑general delegates a function under this part, the delegate is an authorised person and must be given an identity card (see s 26).

Note 3The Public Sector Management Act 1994, s 36C also provides for a director‑general to delegate powers given to the director‑general under a territory law.

  1. Section 502

    substitute

  2. Definitions—Act

    In this Act:

    approved kinship and foster care organisation means an approved care and protection organisation approved as a suitable entity for the purpose of providing kinship and foster care services.

    NoteApproved care and protection organisation—see s 352C.

    approved residential care organisation means an approved care and protection organisation approved as a suitable entity for the purpose of providing residential care services.

    foster carer—see section 518 (2).

    general parental authority, for a residential care service—see section 520 (2).

    in therapeutic protection—see section 572.

    kinship carer—see section 516 (2).

    out-of-home carer, for a child or young person—see section 508.

    residential care service—see section 520 (2).

    specific parental authority—

    (a)for a kinship carer—see section 516 (2); or

    (b)for a foster carer—see section 518 (2).

  3. Who is an out-of-home carer?
    Section 508, definition of out-of-home carer, new note

    insert

    NoteKinship carer

    —see s 516 (2).


    Foster carer

    —see s 518 (2).


    Residential care service

    —see s 520 (2).

  4. Sections 509 to 511

    omit

  5. Section 514, note 2

    omit

    (Director-general may place child or young person with out-of-home carer)

  6. New division 15.4.1A

    insert

Division 15.4.1A     Approval of carers

514AApproved carers—individual may apply

An individual may apply to the director-general for approval as an approved carer.

NoteIf a form is approved under s 886 for this provision, the form must be used.

514BApproved carers—director‑general may approve

(1)The director-general may, in writing, approve a person as a carer (an approved carer) if satisfied that the person is an appropriate person to care for children or young people.

NotePower given by a law to make a decision includes power to reverse or change the decision (see Legislation Act, s 180).

(2)However, if the director‑general orally authorises a person under section 516 (Kinship carer—specific parental authority) or section 518 (Foster carer—specific parental authority) in relation to a child or young person, the director‑general—

(a)may, at the same time, orally approve the person as an approved carer; and

(b)if the director‑general approves the person under paragraph (a)—must, as soon as practicable, approve the person in writing.

(3)The director-general may approve a person as an approved carer only if—

(a)the person is registered under the Working with Vulnerable People Act; or

(b)the person—

(i)is to be authorised as a kinship carer under section 516; and

(ii)may engage in a regulated activity as a kinship carer under the Working with Vulnerable People Act, section 16 (When unregistered person may be engaged in regulated activity—kinship carer).

NoteA decision under this section is a reviewable decision (see s 839).

514CApproved carers—criteria for approval

In deciding whether a person is an appropriate person to care for children or young people, the director-general must consider each of the following:

(a)the matters listed in section 65 (1), definition of suitability information, except paragraph (d), about—

(i)the person; and

(ii)each other adult member of the person’s household;

NoteThere is an ongoing duty to update this information if it changes (see s 514F).

(b)if the director‑general requires the person to provide a reference or report under section 514D (2) (b)—the reference or report;

(c)if the director‑general requires the person to undergo a test or medical examination under section 514D (2) (c)—the result of the test or medical examination.

514DApproved carers—further information, references etc

(1)This section applies if the director-general is deciding whether a person is an appropriate person to care for children or young people.

(2)The director-general may, by written notice given to the person, require the person to—

(a)provide stated information about the person not later than a stated reasonable time; or

(b)provide a stated reference or report not later than a stated reasonable time; or

(c)undergo a stated test or medical examination not later than a stated reasonable time.

Example

a psychiatric examination

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).

(3)A notice must also tell the person that giving false or misleading information is an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents).

(4)If the director-general has given a person a notice under this section and the person does not comply with the notice, the director-general need not decide whether the person is an appropriate person to care for children or young people.

514EApproved carers—expiry and renewal of approvals

(1)The director-general must not issue an approved carer approval for longer than 3 years.

(2)A person may apply to the director-general to renew the approval for a period not longer than 3 years.

(3)The application must be—

(a)in writing; and

(b)received by the director-general at least 30 days before the approval expires.

(4)However, the director-general may extend the time for making an application.

Note 1A person may apply for the time to be extended, and the time may be extended, even though the time has ended (see Legislation Act, s 151C).

Note 2If a form is approved under s 886 for this provision, the form must be used.

(5)If a person applies to renew an approval under this section, the approval remains in force until the application is decided.

(6)If a person’s approval expires, any of the following authorisations held by the person also end:

(a)authorisation as a kinship carer under section 516 (Kinship carer—specific parental authority);

(b)authorisation as a foster carer under section 518 (Foster carer—specific parental authority).

514FOffence—ongoing duty to update information

(1)This section applies to a person if—

(a)either—

(i)the director-general is deciding whether the person is an appropriate person to care for children or young people; or

(ii)the person is an approved carer; and

(b)the person has given the director-general information about a matter mentioned in section 514C (a) about the person.

(2)The person commits an offence if—

(a)the person’s information under section 65 (1), definition of suitability information, paragraph (a), (b) or (c) changes; and

(b)the person does not tell the director-general about the change as soon as practicable, but not later than 7 days after the change happens.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

(3)The person commits an offence if—

(a)either of the following occurs:

(i)a court convicts the person, or finds the person guilty, of an offence involving fraud or dishonesty;

Example

a conviction, or finding of guilt, against the person under the Criminal Code, ch 3 (Theft, fraud, bribery and related offences)

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).

(ii)a tribunal, or an authority or person with the power to require the production of documents or the answering of questions, makes a finding against the person about the person’s honesty or integrity; and

(b)the person does not tell the director-general about the finding as soon as practicable, but not later than 7 days after the finding is made.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

514GDirector‑general delegations

The director‑general may delegate any of the director‑general’s functions under this part to a responsible person for an approved kinship and foster care organisation.

Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Note 2If the director‑general delegates a function under this part, the delegate is an authorised person and must be given an identity card (see s 26).

Note 3The Public Sector Management Act 1994, s 36C also provides for a director‑general to delegate powers given to the director‑general under a territory law.

  1. Definitions—Act
    Section 515

    omit

  2. Section 516 heading

    substitute

  3. Kinship carer—specific parental authority

  4. Section 516 (2)

    substitute

    (2)The director‑general may authorise (a specific parental authority), orally or in writing, a family member, or significant person, of the child or young person to exercise the daily care or long-term care responsibility for the director‑general (a kinship carer).

  5. Section 516 (3) (a) and note

    substitute

    (a)is an approved carer; and

  6. Section 516 (3), new notes

    insert

    Note 1Approved carer—see s 514B.

    Note 2If a person’s approval as an approved carer expires, the authorisation as a kinship carer under this section also ends (see s 514E (6)).

  7. Section 516 (5)

    omit

    may

    substitute

    must

  8. Authorisation of foster care service
    Section 517

    omit

  9. Section 518 heading

    substitute

  10. Foster carer—specific parental authority

  11. Section 518 (2)

    substitute

    (2)The director‑general may authorise (a specific parental authority), orally or in writing, a person to exercise the daily care or long-term care responsibility for the director‑general (a foster carer).

  12. Section 518 (3)

    substitute

    (3)However, the director‑general may authorise a person only if satisfied that the person—

    (a)is an approved carer; and

    (b)agrees to exercise the responsibility for the director‑general.

    Note 1Approved carer—see s 514B.

    Note 2If a person’s approval as an approved carer expires, the authorisation as a foster carer under this section also ends (see s 514E (6)).

  13. Section 518 (5)

    omit

    may

    substitute

    must

  14. Authorisation of foster carer—general parental authority
    Section 519

    omit

  15. Section 520 heading

    substitute

  16. Residential care service—general parental authority

  17. Section 520 (1)

    substitute

    (1)This section applies if the director‑general has daily care responsibility or long-term care responsibility for a child or young person.

    (1A)The director‑general may authorise (a general parental authority),  in writing, an approved residential care organisation to exercise the daily care or long-term care responsibility for the director‑general (a residential care service).

  18. Sections 522 and 523

    omit

  19. Revocation of residential care service’s authorisation
    Section 524 (1)

    omit 1st mention of

    an organisation’s

    substitute

    an approved residential care organisation’s

  20. Section 524 (5), note 2

    omit

    (Director-general may place child or young person with out-of-home carer)

  21. Approval of places of care
    Section 525 (5), note 1

    omit

    (Director-general may place child or young person with out-of-home carer)

  22. Definitions—div 15.4.3
    Section 526, definition of care entities, paragraph (a) (ii)

    substitute

    (ii)the foster carer’s approved kinship and foster care organisation;

  23. Section 526, definition of placement

    omit

    may

    substitute

    must

  24. Information and items must be kept during placement
    Section 527 (1)

    omit

    may

    substitute

    must

  25. Section 529J heading

    substitute

529JFinancial assistance—young person or young adult

  1. New section 529JA

    in division 15.5.3, insert

529JAFinancial assistance—previous out‑of‑home carer

(1)This section applies if—

(a)a young adult is younger than 21 years old; and

(b)the young adult was previously placed with an out‑of‑home carer (the previous carer); and

(c)a transition plan is in force for the young adult which provides for the young adult to live with the previous carer; and

(d)the young adult is in fact living with the previous carer.

(2)The director‑general may provide financial assistance to the previous carer.

(3)The director‑general may provide financial assistance only if satisfied on reasonable grounds that the assistance is reasonably necessary considering the previous carer’s circumstances.

(4)The director‑general may provide financial assistance on the conditions that the director‑general considers appropriate.

(5)The director-general may provide financial assistance—

(a)to the previous carer directly; or

(b)if the previous carer was a foster carer—to the foster carer’s approved kinship and foster care organisation, for the organisation to provide to the carer.

  1. Meaning of reviewable decision—div 24.1.3
    Section 839, table 839.1A, new items 1A and 1B

    before item 1, insert

1A 514B refuse to approve person as approved carer person
1B 514E refuse to renew person’s approval as approved carer person

  1. Section 839, table 839.1A, items 2, 4, 6 and 7

    omit

  2. Section 854 heading

    substitute

  3. Out-of-home carer and approved kinship and foster care organisation—giving information necessary for responsibilities

  4. Section 854 (2), definition of carer, paragraph (b)

    substitute

    (b)an approved kinship and foster care organisation.

  5. Who is an information sharing entity?
    Section 859 (1), definition of information sharing entity, paragraph (d) and note

    substitute

    (d)an approved kinship and foster care organisation;

    NoteApproved kinship and foster care organisation—see s 502.

  6. Care teams—sharing safety and wellbeing information
    Section 863 (1), example 6

    substitute

    6     an approved kinship and foster care organisation

  7. New section 863 (5)

    insert

    (5)The director‑general may delegate the director‑general’s function under subsection (1) to a responsible person for—

    (a)an approved kinship and foster care organisation; or

    (b)an approved residential care service.

    Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    Note 2If the director‑general delegates a function under this section, the delegate is an authorised person and must be given an identity card (see s 26).

    Note 3The Public Sector Management Act 1994, s 36C also provides for a director‑general to delegate powers given to the director‑general under a territory law.

  8. Protection of people giving certain information
    Section 874 (2) (n)

    substitute

    (n)an out-of-home carer, or approved kinship and foster care organisation, to someone under section 854 (Out-of-home carer and approved kinship and foster care organisation—giving information necessary for responsibilities); and

    NoteOut-of-home carer

    —see s 508.


    Approved kinship and foster care organisation

    —see s 502.

  9. ACT child welfare services must assist public advocate
    Section 879 (3), definition of ACT child welfare service, new paragraph (f)

    before the note, insert

    (f)an approved care and protection organisation.

  10. New chapter 29

    insert

Chapter 29Transitional—Children and Young People Amendment Act 2015 (No 3)

  1. Definitions—ch 29

    In this chapter:

    as amended means as amended by the Children and Young People Amendment Act 2015 (No 3).

    commencement day means the day the Children and Young People Amendment Act 2015 (No 3), section 3 commences.

  2. Foster care service to be approved kinship and foster care organisation

    (1)This section applies if, immediately before the commencement day, an approved care and protection organisation holds—

    (a)an approval under section 63 (Director‑general may approve suitable entity for purpose) as a suitable entity for the purpose of providing a foster care service under section 517 (Authorisation of foster care service) (an old approval); and

    (b)an authorisation under section 517 as a foster care service.

    (2)The organisation’s old approval is, on the commencement day, taken to be an approval under section 63 as a suitable entity for the purpose of kinship and foster care (a new approval)—

    (a)in the same terms as the old approval; and

    (b)subject to the same conditions as the old approval.

    (3)The new approval expires when the first of the following happens:

    (a)if an expiry day is stated in the approval—the expiry day;

    (b)the approval is repealed;

    (c)the director-general issues an approval under section 63 for the organisation for the purpose of kinship and foster care.

  3. Authorisation of kinship carers

    (1)This section applies if, immediately before the commencement day, a person holds—

    (a)an approval under section 63 (Director‑general may approve suitable entity for purpose) as a suitable entity for the purpose of providing kinship care for a child or young person under section 516 (Kinship carer—specific parental authority) (an old approval); and

    (b)an authorisation under section 516 as a kinship carer for a child or young person (an old kinship carer authorisation).

    (2)The person’s old approval is, on the commencement day, taken to be an approval under section 514B (Approved carers—director‑general may approve) (a new approval)—

    (a)in the same terms as the old approval; and

    (b)subject to the same conditions as the old approval.

    (3)The new approval expires when the first of the following happens:

    (a)if an expiry day is stated in the approval—the expiry day;

    (b)the approval is repealed;

    (c)the person is approved as an approved carer under section 514B;

    (d)the person’s registration under the Working With Vulnerable People Act ends.

    NoteThe maximum term of registration under that Act is 3 years (see Working with Vulnerable People Act, s 41 (3)).

    (4)The person’s old kinship carer authorisation is, on the commencement day, taken to be an authorisation under section 516 (as amended) (a new kinship carer authorisation)—

    (a)in the same terms as the old kinship carer authorisation; and

    (b)subject to the same conditions as the old kinship carer authorisation.

    (5)The new kinship carer authorisation expires when the first of the following happens:

    (a)if an expiry day is stated in the authorisation—the expiry day;

    (b)the authorisation is repealed;

    (c)the director-general issues an authorisation under section 516 (as amended) for the person;

    (d)the person’s registration under the Working with Vulnerable People Act ends.

    NoteThe maximum term of registration under that Act is 3 years (see Working with Vulnerable People Act, s 41 (3)).

  4. Authorisation of foster carers

    (1)This section applies if, immediately before the commencement day, a person holds an authorisation under section 518 as a foster carer for a child or young person (an old foster carer authorisation).

    (2)The person’s old foster carer authorisation is, on the commencement day, taken to be an authorisation under section 518 (as amended) (a new foster carer authorisation)—

    (a)in the same terms as the old foster carer authorisation; and

    (b)subject to the same conditions as the old foster carer authorisation.

    (3)The new foster carer authorisation expires when the first of the following happens:

    (a)if an expiry day is stated in the authorisation—the expiry day;

    (b)the authorisation is repealed;

    (c)the director-general issues an authorisation under section 518 (as amended) for the person;

    (d)the person’s registration under the Working with Vulnerable People Act ends.

    NoteThe maximum term of registration under that Act is 3 years (see Working with Vulnerable People Act, s 41 (3)).

  5. Expiry—ch 29

    This chapter expires 3 years after the commencement day.

    NoteTransitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

  6. Dictionary, new definition of approved carer

    insert

    approved carer—see section 514B.

  7. Dictionary, definition of approved foster care organisation

    omit

  8. Dictionary, new definition of approved kinship and foster care organisation

    insert

    approved kinship and foster care organisation—see section 502.

  9. Dictionary, definitions of approved residential care organisation and foster carer

    substitute

    approved residential care organisation—see section 502.

    foster carer, for a child or young person—see section 518 (2).

  10. Dictionary, definition of foster care service

    omit

  11. Dictionary, definitions of general parental authority etc

    substitute

    general parental authority, for a residential care service—see section 520 (2).

    kinship carer, for a child or young person—see section 516 (2).

    out-of-home carer, for a child or young person—see section 508.

    residential care service—see section 520 (2).

    specific parental authority—

    (a)for a kinship carer—see section 516 (2); or

    (b)for a foster carer—see section 518 (2).


Schedule 1Working with Vulnerable People (Background Checking) Act 2011—Consequential amendments

(see s 3)

[1.1]Section 16 (3), definition of kinship carer

substitute

kinship carer—see the Children and Young People Act 2008, section 516.

[1.2]Schedule 1, section 1.1, note

omit

·     s 509 (Who is a kinship carer?);

·     s 510 (Meaning of approved foster care organisation, foster care service and foster carer);

·     s 511 (Meaning of approved residential care organisation and residential care service);

substitute

·     s 516 (Kinship carer—specific parental authority);

·     s 518 (Foster carer—specific parental authority);

·     s 520 (Residential care service—general parental authority);

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 24 September 2015.

  2. Notification

    Notified under the Legislation Act on 6 November 2015.

  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 2015 (No 3), which was passed by the Legislative Assembly on 29 October 2015.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2015

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