Children and Young People Regulation 2009 (ACT)

Children and Young People Regulation 2009   

SL2009-37

made under the

Children and Young People Act 2008

Republication No 6

Effective:  4 July 2025

Republication date: 4 July 2025

Last amendment made by SL2025‑13

About this republication

The republished law

This is a republication of the Children and Young People Regulation 2009, made under the Children and Young People Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 4 July 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 4 July 2025.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Children and Young People Regulation 2009

made under the

Children and Young People Act 2008

Contents

Page

1            Name of regulation  2

3            Notes  2

3AA         Register of searches and uses of force—details in relation to search—Act, s 195 (2) (h)        2

3AB         Register of searches and uses of force—inspection—Act, s 195 (5) (g)    2

3AC         Intensive therapy register—who may have access—Act, s 597 (1) (i)       2

3A          Meaning of care and protection purpose—Act, s 352B, def care and protection purpose, par (a) (ii)  2

4            Meaning of light work—Act, s 793 (b)  3

5            Decision-maker for internally reviewable decisions—care and protection—Act, s 635A, def decision-maker  4

6            Internally reviewable decisions—care and protection—Act, s 635A, def internally reviewable decision  4

7           Notice of internally reviewable decisions—care and protection—Act, s 635B (a)        5

Schedule 1 Internally reviewable decisions—care and protection          6

Part 1.1    Preliminary  6

1.1          Definitions—sch 1  6

Part 1.2    Care and protection decisions

Part 1.3    Assistance decisions  12

Dictionary13

Endnotes

1            About the endnotes  14

2            Abbreviation key  14

3            Legislation history  15

4            Amendment history  16

5            Earlier republications  18

Children and Young People Regulation 2009

made under the

Children and Young People Act 2008

1. Name of regulation

   This regulation is the Children and Young People Regulation 2009.

2. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3AARegister of searches and uses of force—details in relation to search—Act, s 195 (2) (h)

The register must state in relation to each search if the young detainee is an Aboriginal or Torres Strait Islander person.

3ABRegister of searches and uses of force—inspection—Act, s 195 (5) (g)

The Aboriginal and Torres Strait Islander children and young people commissioner is prescribed.

3ACIntensive therapy register—who may have access—Act, s 597 (1) (i)

The Aboriginal and Torres Strait Islander children and young people commissioner is prescribed.

3AMeaning of care and protection purpose—Act, s 352B, def care and protection purpose, par (a) (ii)

The following purposes are prescribed as care and protection purposes:

(a)to provide placement prevention, reunification and supported contact services in a—

(i)home or community setting; or

(ii)residential setting;

(b)to provide clinical services;

(c)to provide engagement, empowerment and advocacy services;

(d)to provide transition to adulthood services.

1. Meaning of light work—Act, s 793 (b)

   Note 1The Act, s 793 defines light work to mean work that—

   (a)is not contrary to the best interests of a child or young person; and

   (b)is declared by regulation to be light work.

   Note 2For the meaning of employment contrary to the best interests of a child or young person—see the Act, s 782.

   (1)Work is light work if it is work undertaken by a child or young person that is—

   (a)suitable for the physical, emotional and developmental capacity of the child or young person; and

   (b)adequately supervised; and

   (c)done under conditions where appropriate work safety standards to protect the child or young person from exposure to hazards or potential hazards are in place.

   (2)In this section:

   adequately supervised means—

   (a)for a child 3 years of age or younger—supervision by a parent or guardian at all times; and

   (b)for a child more than 3 years of age but under 12 years of age—

   (i)supervision by a parent or guardian; or

   (ii)supervision by a responsible adult approved by a parent or guardian; and

   (c)for a young person—supervision by a responsible adult.

   Examples—light work

   ·     going on errands

   ·     casual work in or around a private home

   ·     work related to sporting activities such as being an umpire, referee, golf‑caddy or court attendant

   ·     clerical work

   ·     work as a cashier

   ·     gardening

   ·     taking care of children in or around a private home

   ·     providing entertainment at a place used for providing entertainment or amusement or at sporting activities

   ·     singing, dancing or playing a musical instrument

   ·     performing in a radio, television or film program or production

   ·     modelling

   ·     a photographic subject, whether still or moving

2. Decision-maker for internally reviewable decisions—care and protection—Act, s 635A, def decision-maker

   The director-general is prescribed for a decision mentioned in schedule 1.

3. Internally reviewable decisions—care and protection—Act, s 635A, def internally reviewable decision

   The following decisions are prescribed:

   (a)a decision of the director-general mentioned in schedule 1, part 1.2, column 3 exercising a function mentioned in column 2 for the decision;

   (b)a decision of the director-general mentioned in schedule 1, part 1.3, column 3 under a section of the Act mentioned in column 2 for the decision.

4. Notice of internally reviewable decisions—care and protection—Act, s 635B (a)

   The following people are prescribed:

   (a)for a decision mentioned in schedule 1, part 1.2—a person mentioned in column 4 for the decision;

   (b)for a decision mentioned in schedule 1, part 1.3—a person mentioned in column 4 for the decision.

Schedule 1Internally reviewable decisions—care and protection

(see s 6 and s 7)

Part 1.1Preliminary

1.1Definitions—sch 1

In this schedule:

Aboriginal or Torres Strait Islander cultural plan—see the Act, section 513 (3).

carer, of child or young person—

(a)means an out-of-home carer; and

(b)includes a previous carer and a prospective carer.

long-term decision, in relation to a child or young person—

(a)means a decision that will or is likely to have implications for the child’s or young person’s long-term wellbeing; but

(b)does not include—

(i)a decision that is routine in nature or of temporary effect; or

(ii)a decision that has been reviewed, or is reviewable, by another entity.

Examples—par (b) (i)

1arrangements for the temporary care of the child or young person

2decision that child or young person not attend an event due to temporary illness

3taking child or young person to routine GP or dental appointments

4administering over-the-counter medication for a temporary illness or prescribed medication

significant cultural decision, in relation to a child or young person—

(a)means a long-term decision about a child’s or young person’s cultural identity; and

(b)includes a decision that would result in either or both of the following:

(i)the child or young person regularly participating in activities for the purpose of observing a particular cultural group;

(ii)the child or young person regularly participating in education associated with a particular cultural group.

significant education decision, in relation to a child or young person—

(a)means a long-term decision about the education of the child or young person; and

(b)includes a decision to do any of the following:

(i)enrol, or change the enrolment of, the child or young person in a school, training program or apprenticeship;

(ii)register the child or young person for home education under the Education Act 2004, part 5.2;

(iii)apply for an exemption certificate for the child or young person under the Education Act 2004, part 2.3.

significant religious decision, in relation to a child or young person—

(a)means a long-term decision about the religion of a child or young person; and

(b)includes a decision that would result in any of the following:

(i)the child or young person being initiated into a particular religion;

(ii)the child or young person regularly participating in activities for the purpose of observing a particular religion;

(iii)the child or young person regularly participating in education associated with a particular religion.

Example—par (b) (i)

baptism

Examples—par (b) (ii)

attending church services, following religious dietary practices

Part 1.2Care and protection decisions

column 1 item	column 2 function	column 3 decision	column 4 prescribed person
1	short-term parental responsibility provision	long-term decision in relation to support or service to be given to parent of child or young person	·    parent of child or young person
2	contact provision in relation to deciding who may have contact with child or young person	long-term decision or other significant decision about person to have contact with child or young person	·    person to have contact ·    child or young person ·    parent of child or young person ·    carer of child or young person
3	contact provision in relation to deciding who may have contact with child or young person	long-term decision or other significant decision about person not to have contact with child or young person	·    person not to have contact ·    child or young person ·    parent of child or young person ·    carer of child or young person
4	contact provision in relation to deciding any conditions for person’s contact with child or young person	long-term decision or other significant decision to place condition on person’s contact with child or young person in relation to frequency or duration of contact	·    person with condition placed on contact ·    child or young person ·    parent of child or young person ·    carer of child or young person
5	drug use provision in relation to giving directions about undergoing drug testing	any direction given	·    parent subject to provision
6	residence provision to decide where or with whom child or young person must live	long-term decision or other significant decision about placement of child or young person	·    child or young person ·    parent of child or young person ·    carer of child or young person
7	daily care responsibility under Act, s 512	long-term decision or other significant decision about placement of child or young person	·    child or young person ·    parent of child or young person ·    carer of child or young person
8	supervision provision	long-term decision	·    parent subject to provision
9	parental responsibility provision	significant cultural decision	·    child or young person ·    parent of child or young person ·    carer of child or young person
10	parental responsibility provision	significant education decision	·    child or young person ·    parent of child or young person ·    carer of child or young person
11	parental responsibility provision	long-term decision about child or young person’s health	·    child or young person ·    parent of child or young person ·    carer of child or young person
12	parental responsibility provision	significant religious decision	·    child or young person ·    parent of child or young person ·    carer of child or young person
13	Aboriginal or Torres Strait Islander cultural plan	proposal about preservation and enhancement of identity of child or young person	·    child or young person ·    parent of child or young person ·    carer of child or young person
14	parental responsibility provision in relation to Aboriginal or Torres Strait Islander cultural plan	long-term decision about implementation of plan	·    child or young person ·    parent of child or young person ·    carer of child or young person
15	Act, s 513	long-term decision or other significant decision about placement of Aboriginal or Torres Strait Islander child or young person in accordance with Aboriginal or Torres Strait Islander cultural plan	·    child or young person ·    parent of child or young person ·    carer of child or young person

Part 1.3Assistance decisions

column 1 item	column 2 section	column 3 decision	column 4 prescribed person
1	503	refuse to provide assistance to child or young person	·    child or young person ·    carer of child or young person ·    parent of child or young person
2	529I	refuse to provide assistance to child, young person or young adult	·    child or young person ·    young adult ·    parent of child, young person or young adult
3	529J	refuse to provide financial assistance to child, young person or young adult	·    child or young person ·    young adult
4	529JA	refuse to provide financial assistance to previous out-of-home carer of young adult	·    young adult ·    previous out-of-home carer

Dictionary

NoteTerms used in this regulation have the same meaning that they have in the Children and Young People Act 2008. For example, the following terms are defined in the Children and Young People Act 2008, dict:

·     Aboriginal and Torres Strait Islander children and young people commissioner

·     Aboriginal or Torres Strait Islander person

·     child (see s 11)

·     daily care responsibility (see s 19)

·     out-of-home carer (see s 508)

·     parent (see s 16 (2))

·     young adult

·     young person (see s 12).

Aboriginal or Torres Strait Islander cultural plan, for schedule 1 (Internally reviewable decisions—care and protection)—see the Act, section 513 (3).

carer, of child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

long-term decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant cultural decision  in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant education decision, in relation to a child or young person,  for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant religious decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Children and Young People Regulation 2009 SL2009-37

   notified LR 16 July 2009
   s 1, s 2 commenced 16 July 2009 (LA s 75 (1))
   remainder commenced 17 July 2009 (s 2 and see Children and Young People Act 2008 A2008-19 s 2)

   as amended by

   Children and Young People Amendment Regulation 2015 (No 1) SL2015-32

   notified LR 14 October 2015
   s 1, s 2 commenced 14 October 2015 (LA s 75 (1))
   remainder commenced 15 October 2015 (s 2)

   Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 A2022-25 sch 1 pt 1.2

   notified LR 14 December 2022
   s 1, s 2 commenced 14 December 2022 (LA s 75 (1))

   sch 1 pt 1.2 commenced 15 December 2022 (s 2)

   Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 sch 1 pt 1.2

   notified LR 15 November 2023
   s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
   sch 1 pt 1.2 commenced 27 March 2024 (s 2 (2) (a))

   Children and Young People Amendment Act 2024 (No 2) A2024-34 pt 3

   notified LR 10 July 2024
   s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
   pt 3 commenced 1 July 2025 (s 2 (2))

   Children and Young People Amendment Regulation 2025 (No 1) SL2025‑13

   notified LR 3 July 2025
   s 1, s 2 commenced 3 July 2025 (LA s 75 (1))
   remainder commenced 4 July 2025 (s 2 (b))

1. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Register of searches and uses of force—details in relation to search—Act, s 195 (2) (h)

   s 3AAins A2022‑25 amdt 1.61

   Register of searches and uses of force—inspection—Act, s 195 (5) (g)

   s 3ABins A2022‑25 amdt 1.61

   Intensive therapy register—who may have access—Act, s 597 (1) (i)

   s 3AC hdgsub A2023-45 amdt 1.26

   s 3ACins A2022‑25 amdt 1.61

   Meaning of care and protection purpose—Act, s 352B, def care and protection purpose, par (a) (ii)

   s 3Ains SL2015-32 s 4

   Decision-maker for internally reviewable decisions—care and protection—Act, s 635A, def decision-maker

   s 5ins A2024-34 s 40

   Internally reviewable decisions—care and protection—Act, s 635A, def internally reviewable decision

   s 6ins A2024-34 s 40

   Notice of internally reviewable decisions—care and protection—Act, s 635B (a)

   s 7ins A2024-34 s 40

   Internally reviewable decisions—care and protection

   sch 1 hdgins A2024-34 s 41

   Preliminary

   sch 1 pt 1.1 hdg     ins A2024-34 s 41

   Definitions—sch 1

   s 1.1ins A2024-34 s 41

   def Aboriginal or Torres Strait Islander cultural plan ins A2024-34 s 41

   def carer ins A2024-34 s 41

   def long-term decision ins SL2025‑13 s 4

   def significant cultural decision ins SL2025‑13 s 4

   def significant education decision ins SL2025‑13 s 4

   def significant religious decision ins SL2025‑13 s 4

   Care and protection decisions

   sch 1 pt 1.2ins A2024-34 s 41

   sub SL2025‑13 s 5

   Assistance decisions

   sch 1 pt 1.3ins A2024-34 s 41

   Dictionary

   dictins A2022‑25 amdt 1.62

   am A2024-34 s 42

   def Aboriginal or Torres Strait Islander cultural plan ins A2024-34 s 43

   def carer ins A2024-34 s 43

   def long-term decision ins SL2025‑13 s 6

   def significant cultural decision ins SL2025‑13 s 6

   def significant education decision ins SL2025‑13 s 6

   def significant religious decision ins SL2025‑13 s 6

2. Earlier republications

   Some earlier republications were not numbered.  The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format.  These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 17 July 2009	17 July 2009– 14 Oct 2015	not amended	new regulation
R2 15 Oct 2015	15 Oct 2015– 14 Dec 2022	SL2015‑32	amendments by SL2015‑32
R3 15 Dec 2022	15 Dec 2022– 26 Mar 2024	A2022‑25	amendments by A2022‑25
R4 27 Mar 2024	27 Mar 2024– 30 June 2025	A2023‑45	amendments by A2023‑45
R5 1 July 2025	1 July 2025– 3 July 2025	A2024‑34	amendments by A2024‑34