Children and Young People Amendment Act 2018 (ACT)

The Children and Young People Amendment Act 2018 (ACT) is the subject of this decision, which was brought before the court to determine the meaning of a reviewable decision in the context of the Act. The Act, which amends the Children and Young People Act 2008, introduces changes to the delegation of powers to the Director-General and the sharing of safety and wellbeing information among care teams. The dispute hinges on the interpretation of specific sections within the Act, particularly in relation to the delegation of powers and the sharing of information among care teams.

The court was tasked with interpreting the meaning of a reviewable decision under section 839 and the implications of the new provisions inserted into the Act, particularly in relation to the delegation of powers to the Director-General and the sharing of safety and wellbeing information among care teams. The court had to determine whether certain delegations made under previous provisions would continue to be valid under the new framework established by the Act and whether the transitional provisions would continue to have effect after their repeal.

The court found that the delegations made under the specified provisions would be deemed to have been made under the new section 883A, which outlines the delegations to approved care and protection organisations. The court also noted that the transitional provisions would continue to have effect after their repeal, in accordance with the Legislation Act. The court's decision clarified the scope of the delegations and the transitional arrangements, ensuring that the new provisions would be implemented smoothly.

The court's final orders confirmed that the delegations made under the specified provisions would be deemed to have been made under the new section 883A, and that the transitional provisions would continue to have effect after their repeal. The decision provided clarity on the interpretation of the Act and ensured that the new provisions would be implemented in a manner that was consistent with the legislative intent.