Children's Services Act 1986 (ACT)

Children’s Services Act 1986

(repealed)

A1986-13

Republication No 11

Effective: 11 May 2000

Republication date: 17 March 2005

As repealed by A1999-63 s 420

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Children’s Services Act 1986 (repealed) effective from 11 May 2000.

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 (Republication) Act 1996, part 3, division 2 authorised 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 (Republication) Act 1996, s 14 and s 16). 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.

CHILDREN’S SERVICES act 1986

This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

Repealed by 1999 No 63 s 420 (in force 10/05/00)

TABLE OF PROVISIONS

Section

Part 1—Preliminary

1.Short title
2.Commencement
3.Repeal and savings
4.Interpretation
5.Matters to be considered concerning children
6.Courts to see that child understands proceedings

Part 2—Administration

7.Director of Family Services
8.Director to provide assistance

Appointment of officers
Advice and assistance by director and community advocate
Childrens Services Council
Functions of the council
Information to be included in annual report of council
Standing committee of council
Functions of standing committee
Assistance by authorities and agencies
Delegation

19A.Official visitor
19B.Functions of official visitor

Part 3—The Childrens Court

Childrens Court Magistrates

20AA. Restriction on assignment to act as Childrens Court Magistrate
20AB.Arrangement of business of court
20A.Childrens Court
20B.Jurisdiction

Determination of jurisdiction by reference to age
Procedure of Childrens Court

Part 4—Child Offenders

Division 1—General

Saving of other laws
Determination of criminal jurisdiction by reference to age
Proceedings where child jointly charged with adult
Transfer of proceedings
Age of criminal responsibility
Power to apprehend under-age children

Division 2—Criminal proceedings against children

Interpretation
Interviewing of children
Notification of arrest etc
Limitations in respect of criminal proceedings against children
Procedure by summons
Charge against child—informing of parent
Identifying material
Detention of children

38A.Private property

Arrested children—bringing before court
Exclusion of evidence unlawfully obtained
Summary disposal of certain cases
Committal for trial in certain cases
Child may elect to be committed for trial
Committal of guilty child to Supreme Court
Childrens Court to give reasons
Remission of matter by Supreme Court

46A.Transfer to the Mental Health Tribunal

Division 3—Disposition of young offenders

Disposition of young offenders

47A.Early release

Disposition without proceeding to conviction
Prohibition on certain orders

49A.Referral to Mental Health Tribunal following conviction

Variation or revocation of conditional discharge order
Breach of conditional discharge orders
Fines and like orders
Breach of certain orders for reparation or compensation
Enforcement of payment of fines etc
Probation orders
Probation orders—entry and inspection by supervisor
Attendance centre orders
Duties of child under attendance centre order
Compensation
Breach of attendance centre orders
Breach of probation, attendance centre or residential orders
Revocation and variation of certain orders

Division 3A—Transfer between institutions

62A.Transfer directions
62B.Reporting of transfers
62C.Temporary custody prior to transfer between institutions

Division 4—Miscellaneous

Powers of Supreme Court
Adjournment of criminal proceedings
Placing in shelter etc
Children in remand centres
Remission of time to be spent in institution
Director may grant leave for special purposes
Other rights and freedoms not affected

part 4A—interstate transfer of offenders

Division 1—Interstate transfer generally

69A.Interpretation
69B.Minister may enter into general agreements
69C.Arrangements for transfer—general
69D.Power to arrange for transfers
69E.Arrangement not to be made if facilities not adequate
69F.Provisions to be contained in each arrangement
69FA. Reporting of transfers
69G.Transfer order
69GA. Temporary custody pending interstate transfer
69H.Transfer to the Territory in the temporary control of an escort
69J.Escape from temporary control of young offender being transferred from the Territory

Division 2—Transfer of sentence or order

69K.Transfer from the Territory of sentence or order
69L.Transfer to the Territory of sentence or order

Division 3—Transit through the Territory

69M.Lawful custody for transit through the Territory
69N.Escape from temporary control
69P.Search warrants

Division 4—Revocation of transfer orders

69Q.Revocation of transfer order on escape from temporary control
69R.Revocation of transfer order by director
69S.Reports

Part 5—Child Care

Division 1—Preliminary

Authorised persons
Children in need of care
Where person apparently a child

Division 2—Child care proceedings generally

Proceedings with respect to children in need of care
Children in hospital
Direction for release of child
Application to court for detention order
Procedure on application
Application for declaration that child is in need of care
Application to be served on parents
Hearing and determination of application
Adjournment of hearing
Child care conference
Care orders

83A.Referral to the Mental Health Tribunal

Access
Residential orders and supervision orders—entry and inspection by director etc
Placing in shelter etc
Applications by other persons
Review of orders on application
Periodical review of orders
Service of applications for review
Application of Part
Order to resolve disagreements
Procedure at hearing

Division 3—Child care agreements

Child care agreements
Agreements not void
Consent of child over the school-leaving age
Determination and expiration of agreements
Payment of expenses
Contributions by parents

Division 4—Miscellaneous

Orders to be furnished to director
Dispensing with service
Procedure where child voluntarily enters a place of safety
Notification of children in need of care and of child abuse
Record of notifications
Protection of persons making notifications
Cessation of Part

Part 6—Wards

Marriage of wards
Director to be guardian of wards
Incidents of wardship
Placement in homes etc
Religion
Visits to wards
Wards running away
Property of wards
Payments to ex-wards
Wards from outside the Territory

Part 7—Children’s Day Care Services

Interpretation
Licensing of child care
Exemptions
Licences
Emergency suspension of licences
Direction to comply with conditions
Cancellation etc of licences
Removal of child from unlicensed care
Inspection of licensed premises

Part 8—Employment of Children

Interpretation
Employment of children in certain businesses etc
Employment of young children
Light work excepted
Family businesses excepted
Employment not to interfere with schooling etc
Copies of notices to be given
Dangerous employment
Regulation of employment of children
Duty of employers of children
Child not to render certain measures ineffective
Part subject to certain provisions of Education Act

Part 9—Offences

Presumption of age
Neglect etc of children
Unauthorised removal of children
False statements
Tattooing of children

Part 10—Appeals

Interpretation
Jurisdiction of Supreme Court
Application of Magistrates Court Act
Barring of appeal if order to review granted
Orders that Supreme Court may make
Administrative review

Part 11—Miscellaneous

Division 1—Powers of entry and search

Interpretation
Search and seizure
Search warrants
Entry in emergencies
Consent to entry
Obstruction

Division 2—General

Notification of decisions
Breach of residential order
Establishment etc of shelters etc
Medical examinations and surgical operations
Child’s name may be given

159A. Director to notify births under substitute parent agreements

Notifications
Court may direct Minister to make certain determinations
Powers of courts with respect to reports
Reports to be made available
Right of appearance
Matters before Childrens Court
Next friend of child
Representation of children
Attendance of parents at court
Proceedings not open to public
Restrictions on publication of reports of proceedings
Protection of children in other courts
Confidentiality
Evidentiary certificates
Power of Minister to determine fees
Ministerial agreements
Regulations

Schedule

ordinances repealed

Children’s Services act 1986

An Act relating to the welfare of children

Part 1—Preliminary

Short title

This Act may be cited as the Children’s Services Act 1986.1

2.1 Commencement

This section and section 1 shall come into operation on the day on which this Act is notified in the Gazette.
The remaining provisions of this Act shall come into operation on such date as is, or such dates as respectively are, fixed by the Minister of State for Territories by notice in the Gazette.

Repeal and savings

The ordinances specified in Part 1 of the Schedule are repealed.

(1A) The ordinances specified in Part 2 of the Schedule are repealed.

Where, after the date of commencement of Part 4, a child is convicted of an offence in proceedings instituted before that date, the court in which the proceedings were heard may make such orders in relation to the child as the court could have made if the proceedings had been instituted after that date.

(3) Where, immediately before the date of commencement of Part 4, a child was a ward within the meaning of the Child Welfare Ordinance 1957, there shall be deemed to have been made, on that date, an order under section 80 that the child be made a ward of the director.

Notwithstanding the repeal of the ordinances specified in Part 1 of the Schedule, a licence granted under the repealed ordinances and in force immediately before the date of commencement of Part 7—
(a)subject to sections 122 and 123, remains in force for such period as it would have remained in force under the repealed ordinances; and

(b)for the purposes of the definition of “licence” in section 117, shall be deemed to be a licence under Part 7.

Notwithstanding the repeal of the ordinances specified in Part 2 of the Schedule, the Agreement and the Supplemental Agreement within the meaning of the repealed ordinances—
(a)shall continue in force until an agreement is entered into under Part 11 with a Minister of State for the State of New South Wales; and

(b)while they so continue in force, shall be deemed to have been entered into under Part 11.

Interpretation

In this Act, unless the contrary intention appears—
“action” includes a suit or an original proceeding between parties but does not include a criminal proceeding;
“adopting parent” means—
(a)a person who has adopted another person by an order of adoption under the Adoption Act 1993 or by a deed of adoption and, where—
(i)an order under that Act has been made in favour of a husband and wife on their joint application; or
(ii)a husband and wife have, by deed, jointly adopted a child;
includes both the husband and wife; or
(b)a person whose adoption of another person has effect under Part 5 of that Act;
“agreement” means an agreement entered into under section 69B or 176;
“approved home” means a home approved by the director for the purposes of this Act;
“attendance centre” means an attendance centre established or declared by the Minister under section 157;
“attendance centre order” means an order made by a court, in relation to a child, that requires the child, during such period, not exceeding 1 year, as the court specifies, to report at an attendance centre and to place himself or herself in the custody of the director;
“Chief Magistrate” has the same meaning as in the Magistrates Court Act;
“child” means a person who has not attained the age of 18 years;
“childrens welfare” means the welfare of children in the Territory;
“community advocate” means the person appointed under subsection 4 (1) of the Community Advocate Act 1991;
“conditional discharge order” means an order made by a court in respect of a child discharging the child subject to such conditions as the court specifies;
“council” means the Childrens Services Council constituted by section 13;
“court” means the Magistrates Court when known by virtue of section 20A as the Childrens Court;
“custody” in relation to a child, means—
(a)the right to have the daily care and control of the child; and
(b)the right and responsibility to make decisions concerning the daily care and control of the child;
“dentist” means a person registered as a dentist under the Dentists Act 1931;
“director” means the Director of Family Services;
“institution” means an institution established or declared by the Minister under section 157;
“Magistrates Court Act” means the Magistrates Court Act 1930;
“medical practitioner” means a person registered as a medical practitioner under the Medical Practitioners Act 1930;
“mental dysfunction” means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion;
“mental health order” means an order of a kind described in sections 26 and 27 of the Mental Health (Treatment and Care) Act 1994 made by the Mental Health Tribunal;
“Mental Health Tribunal” means the Mental Health Tribunal established by section 10 of the Mental Health (Treatment and Care) Act 1994;
“offence” includes an offence against a law of the Commonwealth;
“officer” means a person appointed by the director to be an officer for the purposes of this Act;
“official visitor” means the official visitor appointed under section 19A;
“parent”, in relation to a child—
(a)includes a step-parent, adopting parent or guardian of the child and a person who is by law liable to maintain the child; and
(b)does not include a parent in respect of whom a court has made an order that the parent be no longer a guardian of the child;
“place of safety” means a police station, a hospital or a place the occupier of which is prepared to receive and care for a child temporarily;
“probation order” means an order made by a court—
(a)placing a child under the supervision of the director or of some other person specified in the order for the period specified in the order; and
(b)requiring the child to report to the supervisor at a place and at intervals specified by the supervisor;
“registered nurse” has the same meaning as in the Nurses Act 1988;
“remand centre” has the same meaning as in the Remand Centres Act 1976;
“repealed ordinances” means the ordinances repealed by this Act;
“residential order” means an order—
(a)that a child be placed—
(i)in an approved home; or
(ii)in the custody of a person specified in the order, whether the person resides in the Territory or elsewhere; or
(b)directing the child to live at such place, whether within or outside the Territory, as the director from time to time determines;
“school” includes any place of education or training;
“shelter” means a shelter established or declared by the Minister under section 157;
“standing committee” means the standing committee of the council;
“State institution” means an institution situated in a State or Territory with a Minister of State of which an agreement has been entered into, being an institution established or constituted under a law of the State or Territory as a place in which children may be detained;
“supervision order” means an order made by a court in respect of a child who has been declared to be in need of care—
(a)placing the child under the supervision of—
(i)the director or such other person as may be designated for the purpose by the director from time to time; or
(ii)a person specified in the order;
for the period specified in the order; and
(b)requiring the child, a parent of the child or both the child and a parent of the child to report to the supervisor at a place and at intervals specified by the supervisor;
“supervisor”, in relation to a child in respect of whom a probation order or a supervision order is in force, means the person under whose supervision the child is placed by virtue of the order;
“the school-leaving age” has the same meaning as in the Education Act 1937;
“ward” means a child who is a ward of the director by reason of an order or declaration made under this Act and includes a child who becomes a ward of the director by reason of the operation of subsection 3 (3).
A reference in this Act to the parents of a child or to 1 of the parents of a child shall, where the child has only 1 parent, be read as a reference to that parent.
A reference in this Act to the person in charge of a hospital shall be read as including a reference to a medical practitioner having authority to act on behalf of the person so in charge.
A reference in this Act to the person in charge of an approved home shall be read as including a reference to a person having authority to act on behalf of the person so in charge.
A provision of this Act referring to a shelter shall, in relation to the Jervis Bay Territory, be read as including a reference to a place of safety.

Matters to be considered concerning children

In any proceedings in a court having jurisdiction in the Territory, whether the proceedings are under this Act or under some other law, being proceedings against or concerning or affecting a child, the court shall, in the exercise of its jurisdiction or powers, seek to procure for the child such care, protection, control or guidance as will best lead to the proper development of the personality of the child and to the child’s becoming a responsible and useful member of the community.
In the exercise of a power, whether under this Act or under some other law of the Territory, by a body, authority or person, being a power the exercise of which affects or concerns a child, the body, authority or person shall seek to procure for the child the matters referred to in subsection (1).
Subject to subsection (4), for the purpose of subsections (1) and (2), the court, body, authority or person shall have regard to such matters as seem to it or the person to be appropriate and, in particular, to such of the following as are appropriate:
(a)the need to strengthen and preserve the relationship between the child and his or her parents and other members of his or her family;

(b)the desirability of leaving the child in his or her own home;
(c)the desirability of allowing the education, training or lawful employment of the child to be continued without interruption or disturbance;
(d)the desirability of ensuring that the child is aware that he or she must bear responsibility for anything that he or she does that is contrary to law;
(e)the need to protect the community or a particular person from the violent or other unlawful acts of the child.

For the purposes of subsections (1) and (2), the court, body, authority or person shall regard the best interests of the child as the paramount consideration.
In subsection (4)—
“interests”, in relation to a child, includes matters related to the care, welfare or development of the child.

Courts to see that child understands proceedings

In any proceedings in a court having jurisdiction in the Territory, being proceedings to which a child is a party, and whether the proceedings are under this Act or under some other law, the court shall endeavour to ensure that the child and any other parties present at the hearing understand the nature and purpose of the proceedings and of any order that the court proposes to make or has made.

Part 2—Administration

Director of Family Services

There shall be a Director of Family Services.
The chief executive shall create and maintain an office in the government service the duties of which include performing the functions of the Director of Family Services.
The director shall be the public servant for the time being performing the duties of the government service office referred to in subsection (2).

Director to provide assistance

For the purpose of assisting the parents of children, and others, to discharge their duties and responsibilities to children adequately, it is the duty of the director to do such things as he or she may properly do, or is required by law to do, for the purpose of promoting the physical, mental, moral, spiritual and social development of children in a normal and healthy manner, and promoting the protection and care of children.
Without limiting the generality of subsection (1), the director may—
(a)make advice and guidance available to the parents of children and to others concerned with childrens welfare; and

(b)arrange for the provision of financial or other assistance to—
(i)the parents of children, and others, for or in connection with childrens welfare and, as required, the welfare of particular children;
(ii)organisations whose objects include the promotion of childrens welfare; and
(iii)any person for the purposes of lessening the need to bring children before a court.

Appointment of officers

The director may, from time to time, appoint persons to be officers for the purposes of this Act.
The director shall cause to be issued to each person appointed under subsection (1) an identity card that specifies the name and appointment of the person and to which is attached a recent photograph of the person.
A person who was appointed under subsection (1) shall not, upon ceasing to be an officer, fail or refuse, without reasonable excuse, to return to the director the identity card issued to the person.
A person who contravenes subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding 1 penalty unit.

Advice and assistance by director and community advocate

The director and the community advocate shall give to the council and the standing committee such advice or assistance as the council or standing committee reasonably requests.

Childrens Services Council

For the purposes of this Act there is constituted a body to be known as the Childrens Services Council.
The council consists of—

(aa)the chairperson;
(a)the director;
(b)the Chief Magistrate or another magistrate nominated by the Chief Magistrate;
(c)the community advocate;
(d)a person nominated by the Minister;
(e)a police officer appointed by the Commissioner of Police of the Australian Federal Police;
(g)a court counsellor within the meaning of the Family Law Act 1975 of the Commonwealth nominated by the Principal Director of Court Counselling referred to in section 37 of that Act;
(h)a person nominated by the Australian Capital Territory Schools Authority; and
(i)such other persons as the Minister from time to time appoints.

The members of the council, other than the members referred to in paragraphs (2) (a), (b), (c) and (e), shall be appointed by the Minister.

(3A) The Minister shall not appoint a person as chairperson unless satisfied that the person—

(a)has appropriate status in the community;
(b)has relevant experience; and
(c)is not a person concerned with, or a person associated with a body, authority or agency concerned with, children’s welfare.

The persons referred to in paragraph (2) (i) shall be persons concerned with, or persons associated with bodies, authorities or agencies concerned with, childrens welfare.
The chairperson shall preside at all meetings at which he or she is present.
Meetings of the council shall be convened by the chairperson or, in the chairperson’s absence, by the director or the community advocate.
Meetings of the council shall be so convened that a period of not more than 3 months elapses between a meeting of the council and the next meeting.
If the chairperson is unable to attend a meeting of the council, the members present shall elect 1 of their number to preside at that meeting.
Five members of the council form a quorum.
Questions arising at a meeting of the council shall be decided by the votes of a majority of the members present and voting.
If the voting is equal, the chairperson or other person presiding has a casting vote.
If a member of the council other than the chairperson is unable to attend a meeting of the council, a person nominated for the purpose by the member may attend in the member’s place and shall, in respect of that meeting, be regarded as a member of the council, may vote and shall be taken into account in determining a quorum.
The proceedings and decisions of the council are not affected by reason of any failure to comply with a provision of this section.

Functions of the council

The functions of the council are—
(a)to consider matters related to childrens welfare referred to it by the Minister;
(b)to consider any other matter related to childrens welfare;
(c)to make recommendations concerning childrens welfare to a Minister, body, authority or agency concerned with the welfare of children;
(d)to make recommendations to the Minister with respect to the granting of assistance (other than financial assistance) to a body, authority or agency concerned with childrens welfare;
(e)to inform itself concerning matters related to childrens welfare;
(f)to arrange meetings for the discussion of matters related to childrens welfare;
(g)to prepare and issue papers related to childrens welfare; and
(h)to arrange for the preparation of statistics with respect to any matter dealt with under this Act or otherwise with respect to childrens welfare.

Information to be included in annual report of council

A report presented by the council, or information provided by the council, under section 8 of the Annual Reports (Government Agencies) Act 1995 shall include a description of childrens welfare in the Territory during the period to which the report or information relates.

Standing committee of council

For the purposes of this Act, there shall be a standing committee of the council consisting of the members of the council referred to in paragraphs 13 (2) (a), (c), (d) and (e).
A member of the standing committee may invite other persons to attend a meeting of the standing committee but a person so invited is not entitled to vote at the meeting.
The director shall be the chairperson of the standing committee.
If the director is not present at a meeting of the standing committee, the person nominated under subsection (9) to attend in his or her place shall chair the meeting.
Three members of the standing committee form a quorum.
The director may, and shall, if a member of the standing committee so requests, convene a meeting of the standing committee.
Questions arising at a meeting of the standing committee shall be decided by the votes of a majority of the members present and voting.
If the voting is equal, the person presiding has a casting vote.
A member of the council may nominate a person to attend a meeting of the standing committee in the member’s place and the person nominated shall, in respect of that meeting, be regarded as a member of the standing committee, may vote and shall be taken into account in determining a quorum.

Functions of standing committee

The functions of the standing committee are to make proposals and recommendations as to the welfare of a particular child, including a recommendation to the director whether the director should, or should not,

make an application to the court for a declaration that the child is in need of care.

Assistance by authorities and agencies

An authority or agency established by a law of the Territory, being an authority or agency involved in the provision of welfare services to children, shall—
(a)upon request by the director or the community advocate, make available to the director or the community advocate, as the case requires, such information, advice, guidance, assistance, documents, facilities or services as are necessary or desirable in connection with childrens welfare or with the welfare of a particular child; and
(b)furnish to the council or to the standing committee such information, advice, assistance or documents with respect to childrens welfare, or to the welfare of a particular child, as the council or the standing committee reasonably requests.

Delegation

The director may, either generally or as otherwise provided by the instrument of delegation, in writing delegate to a public servant any of his or her powers under this Act.
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the director.
A delegation under this section does not prevent the exercise of a power by the director.

19A. Official visitor

For the purposes of this Act there shall be an official visitor who shall be appointed by the Minister.
A person shall not be so appointed unless the Minister is satisfied that he or she has appropriate qualifications or experience.
A person so appointed holds office for a period not exceeding 3 years and is eligible for reappointment.
A person so appointed may resign his or her office by writing signed by him or her and delivered to the Minister.
The Minister may terminate the appointment of an official visitor—
(a)for misbehaviour;

(b)for physical or mental incapacity;
(c)if he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds

with creditors or makes an assignment of remuneration for the benefit of those creditors; or
(d)if he or she is convicted, in Australia or elsewhere, of an offence punishable by imprisonment for 12 months or longer.

19B. Functions of official visitor

The official visitor shall—
(a)visit and inspect shelters and institutions, as far as practicable at least once a week;

(b)hear any complaints made by any children in the shelter or institution concerning—
(i)the manner of their care, detention or treatment; or
(ii)the manner in which the shelter or institution is conducted; and
(c)investigate any such complaints.

A child may make complaints to an official visitor either—
(a)personally; or

(b)through a personal representative chosen by the child.

A child may have their complaint heard by the official visitor alone if the child so requests.
An official visitor may, of his or her own motion, or after investigating a complaint, make—
(a)a report to the Minister; and

(b)a recommendation to the director.

Part 3—The Childrens Court

Childrens Court Magistrates
The Chief Magistrate must, in writing, declare 1 magistrate to be the Childrens Court Magistrate for a stated term of up to 2 years.
The Chief Magistrate must revoke the declaration on request in writing by the Childrens Court Magistrate.
The Chief Magistrate may declare himself or herself to be the Childrens Court Magistrate.

20AA Restriction on assignment to act as Childrens Court Magistrate

The Chief Magistrate may assign a magistrate to act as Childrens Court Magistrate only if—
(a) there is no Childrens Court Magistrate; or

(b)the Childrens Court Magistrate—
(i)is absent from duty or from the Territory; or
(ii)for another reason, cannot carry out the duties of Childrens Court Magistrate.

A magistrate assigned to act as Childrens Court Magistrate is the Childrens Court Magistrate for this Act and any other Act.

20AB Arrangement of business of court
The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the business of the Childrens Court and accordingly may, subject to appropriate and practicable consultation with the magistrates, make arrangements as to the magistrate who is to constitute the Childrens Court.
20A. Childrens Court
Where the Magistrates Court is constituted by the Childrens Court Magistrate exercising the jurisdiction conferred by section 20B, the court shall be known as the Childrens Court.
20B. Jurisdiction

The court has jurisdiction—
(a)to hear and determine informations against children; and

(b)to hear and determine applications and other proceedings under this Act with respect to children.

Subsection (1) does not by implication preclude a magistrate other than the Childrens Court Magistrate from—
(a)exercising a power or performing a function conferred on a magistrate under a provision of this Act; or

(b)exercising a power conferred on a magistrate under a law of the Territory to admit a child or young person to bail in accordance with the Bail Act 1992 or to remand a child or young person in custody.

Determination of jurisdiction by reference to age

For the purpose of determining the application of this Part with respect to proceedings concerning a person (not being proceedings in relation to which section 24 applies), regard shall be had to the age of the person at the time of the commencement of the proceedings.

Procedure of Childrens Court

Subject to this Act and the regulations—
(a)the Magistrates Court Act 1930, other than section 72A, and the rules and regulations under that Act apply to and in relation to the court in the exercise of its jurisdiction under section 20B in respect of proceedings under Part 4, other than section 68; and

(b)the Magistrates Court (Civil Jurisdiction) Act 1982 and the regulations under that Act apply to and in relation to the court in the exercise of its jurisdiction under section 20B in respect of any other proceedings under this Act.

The Executive may make regulations, not inconsistent with this Act—
(a)prescribing the procedure to be followed in proceedings in the court in the exercise of its jurisdiction under section 20B; and

(b)prescribing all other matters that are necessary or convenient to be prescribed for the purposes of this Part.

Part 4—Child Offenders

Division 1—General

Saving of other laws

Except as otherwise expressly provided by this Act, this Part does not affect the operation of the common law or of any other law in force in the Territory.

Determination of criminal jurisdiction by reference to age

Subject to this section, for the purpose of determining whether an information alleging an offence by a person should be heard and determined by the court, regard shall be had to the age of the person at the time of the alleged offence.
Where a person was under the age of 18 years at the time of an alleged offence and between the ages of 18 years and 18 years 6 months at the time of the person’s first appearance in the court after having been charged with the alleged offence—
(a)the person shall be dealt with in accordance with this Part until such time (if any) as the court finds the offence proved;

(b)for the purposes of so dealing with the person, this Part applies to and in relation to the person as if the person were a child; and
(c)if the court finds the offence proved, the person shall be dealt with as an adult.

Where a person was under the age of 18 years at the time of an alleged offence and over the age of 18 years 6 months at the time of the person’s first appearance in the court after having been charged with the

alleged offence, the person shall be dealt with as an adult unless, in the circumstances of the case, the court considers it appropriate for the person to be dealt with as a child.

Proceedings where child jointly charged with adult

Where a child and a person who is not a child are jointly charged with an offence, Part III applies to and in relation to proceedings against the child arising out of that charge as though the child had been charged separately.
Part III does not apply in relation to the preliminary examination in respect of an indictable offence alleged to have been committed jointly by a child and a person who is not a child if the Chief Magistrate, having regard to the nature of the alleged offence and the time and expense involved in carrying out the preliminary examinations separately, so orders.

Transfer of proceedings

If it appears to the court when hearing an information against a child that the circumstances are such that the child should be dealt with under Part 5, the court may order that a copy of the papers, together with any report that the court thinks fit to make, be furnished to the director and the community advocate.
Where the court makes an order under subsection (1), the court shall release the child into the custody of an authorised person within the meaning of Part 5 and either—
(a)dismiss the information; or

(b)adjourn the matter indefinitely.

Where the court adjourns the matter in pursuance of subsection (2), the matter may be set down again for hearing at the request of the prosecutor, the child to whom the matter relates, the director or the community advocate.

Age of criminal responsibility

A child who has not attained the age of 10 years shall, for all purposes, be presumed to be incapable of committing in the Territory an offence against a law in force in the Territory.
There is a rebuttable presumption that a child who has attained the age of 10 years but has not attained the age of 14 years is incapable of committing in the Territory an offence against a law in force in the Territory by reason that the child did not have the capacity to know that the act or omission concerned was wrong.

Power to apprehend under-age children

Where a police officer has reasonable grounds to believe that a person is a child who has not attained the age of 10 years and has done or is doing an act which, but for subsection 27 (1), would constitute an offence, the police officer may apprehend the child, and for that purpose may use such force as is necessary and reasonable.
For the purpose of exercising the power conferred by subsection (1), the police officer may enter any premises, by force if necessary and reasonable, at any time of the day or night for the purpose of arresting the child, and may search the premises for the child, if the police officer believes on reasonable grounds that the child has committed a serious offence within the meaning of Division 2 and is on the premises.
Upon apprehending a child under subsection (1), the police officer shall—
(a)take the child to one of the child’s parents; or

(b)if it is not practicable to do so, place the child with a suitable person who is prepared to care for the child and notify the director that the police officer has done so.

Division 2—Criminal proceedings against children

Interpretation

In this Division, unless the contrary intention appears—
“authorised officer” means the commissioner of police or a deputy commissioner of police of the Australian Federal Police or a police officer authorised by one of those officers to act under this Division;
“custodial escort” means an escort under the Custodial Escorts Act 1998 other than an escort who is a police officer within the meaning of the Interpretation Act 1967;
“police officer” includes a person holding office under an Act or under regulations under an Act and having power by virtue of that Act or those regulations to arrest or detain a person or to take a person into his or her custody but does not include a custodial escort;
“serious offence” means an offence punishable by imprisonment for a period exceeding 1 year;
“to interview” includes to ask questions.

For the purposes of this Division, a child is under restraint if the child is under restraint—
(a)as a result of the child’s having been lawfully arrested or detained; or

(b)in respect of an offence and a police officer believes on reasonable grounds that—
(i)the child has committed the offence; or
(ii)he or she would be authorised under a law in force in the Territory to arrest the child for the offence.

If a child is in the company of a police officer for a purpose connected with the investigation of an offence or a possible offence and the police officer would not allow the child to leave if the child wished to do so, whether or not the police officer has reasonable grounds for believing that the child has committed the offence and whether or not the child is in lawful custody in respect of the offence, the child is, for the purposes of this Division, under restraint.
For the purposes of this Division, a child is not under restraint if the child is in the company of—
(a)a police officer by the roadside, whether or not the child is in a motor vehicle, for a purpose connected with the investigation of an offence, not being a serious offence, arising out of the use of a motor vehicle;

(b)a police officer for a screening, breath or blood test under the Road Transport (Alcohol and Drugs) Act 1977; or
(c)an inspector, within the meaning of the Liquor Act 1975 for a purpose connected with the investigation of an offence under that Act, which the inspector believes on reasonable grounds was not committed by the child.

For the purposes of this Division, a child is in the company of a police officer for a purpose connected with the investigation of an offence if the child is waiting at a place at the request of a police officer for such a purpose.
For the purposes of this Division, a reference to a child who has committed an offence includes a reference to a child who has committed an offence with another person or other persons.

Interviewing of children

Where a police officer—
(a)suspects that a child may have committed a serious offence or an offence against the person or property;

(b)believes, on reasonable grounds, that a child may be implicated in the commission of such an offence; or
(c)is holding a child under restraint;

the police officer shall not interview the child in respect of an offence or cause the child to do anything in connection with the investigation of an offence—

(d)unless a person who is not a child or a police officer but is—
(i)a parent of the child;
(ii)a relative of the child acceptable to the child; or
(iii)a legal practitioner acting for the child or some other appropriate person acceptable to the child;

is present; or
(e)unless—
(i)the police officer has taken reasonable steps to secure the presence of a person referred to in paragraph (d);
(ii)it was not practicable for such a person to be present within 2 hours after the person was requested to be present; and
(iii)another person (who may be a police officer) who has not been concerned in the investigation of the offence is present.

Subsection (1) does not require a police officer—
(a)to permit a person whom the police officer believes, on reasonable grounds, to be an accomplice of the child in respect of the offence to be present while the child is being interviewed, or is doing anything, in connection with the investigation of the offence; or

(b)to take steps to procure the presence of a person referred to in paragraph (1) (d) whom the police officer believes, on reasonable grounds, to be an accomplice of the child in respect of the offence.

A reference in subsection (2) to an accomplice shall be read as including a reference to a person whom the police officer believes, on reasonable grounds, to be likely to secrete, lose, destroy or fabricate evidence relating to the offence.
Subsection (1) does not prevent a police officer from interviewing a child, or asking or causing a child to do a particular thing, where the police officer has reasonable grounds for believing that it is necessary to do so without delay in order to avoid danger of the death of, or serious injury to, any person or serious damage to property.

Notification of arrest etc

Where a police officer places a child under restraint, the police officer shall forthwith—
(a)take all reasonable steps to cause a parent of the child to be notified, whether the parent resides in the Territory or not; and
(b)if the police officer is not an authorised officer—notify an authorised officer.

Limitations in respect of criminal proceedings against children

Subject to subsections (4) and (8), a police officer shall not institute a prosecution against a child for an offence unless an authorised officer, being an officer not otherwise involved in the investigation of the alleged offence, has consented in writing to the institution of the prosecution and the consent has not been revoked.
Subsection (1) does not affect any requirement under any other law to obtain consent to a prosecution.
For the purpose of determining whether he or she should consent to the prosecution of a child, an authorised officer shall have regard to such matters as seem to the officer to be relevant and, in particular, to each of the following:
(a)the seriousness of the offence;

(b)the evidence available as to the commission of the offence;
(c)the circumstances in which the offence is alleged to have been committed;
(d)whether the child has previously been found guilty or convicted of an offence, whether against a law in force in the Territory or elsewhere, and the seriousness or otherwise of that offence;
(e)whether a warning has at any time been given to the child in the Territory by a police officer;
(f)the age of the child;
(g)the apparent maturity of the child;
(h)the apparent mental capacity of the child;

(ha)any apparent mental dysfunction of the child and whether, as a consequence, it would be appropriate to refer the child to the Mental Health tribunal;
(i)whether the parents of the child appear able and prepared to exercise effective discipline and control over the child;
(j)whether it would be sufficient to warn the child, at a police station, at home or otherwise, against the commission of the same or similar offences;
(k)the prevalence of the same or similar offences;
(l)whether the prosecution would be likely to be harmful to the child, or to be inappropriate, having regard to the personality of the child, the circumstances of living of the child or any other circumstances that the authorised officer considers should be taken into account.

Where the offence is one the prosecution for which requires the consent of a person under any other law, the authorised officer shall—
(a)make a recommendation with respect to the prosecution, having regard to the matters specified in subsection (3); and

(b)forward his or her recommendation, together with the papers and all other relevant material, to the person whose consent is required under that other law.

The authorised officer shall not consent to the prosecution unless the authorised officer is satisfied, after having considered the matters referred to in subsection (3), that a prosecution is justified.
If an authorised officer consents to the prosecution of a child whom the authorised officer knows or believes has not previously been convicted of an offence, whether against a law in force in the Territory or elsewhere, the authorised officer shall record in writing his or her reasons for giving consent.
Where a child is under restraint, an authorised officer shall, as soon as practicable, decide whether he or she will consent to a prosecution of the child and, if the authorised officer does not so consent, the child shall forthwith be released.
A police officer may institute a prosecution against a child without the consent of an authorised officer where—
(a)the child is licensed to drive a motor vehicle; and

(b)the police officer believes on reasonable grounds that the child has committed an offence arising out of the use of a motor vehicle.

Procedure by summons

A police officer shall not charge a child at a police station with an offence unless the police officer is satisfied that proceeding by way of a summons would not be effective.
For that purpose, the police officer shall have regard to the need to achieve the purposes specified in paragraph 352 (2) (b) of the Crimes Act 1900.

Charge against child—informing of parent

Where a child is charged at a police station with an offence, the person who so charged the child shall forthwith take all reasonable steps to cause a parent of the child to be notified of the charge, of the child’s location and of the time and place when the child will be brought before the court, whether the parent resides in the Territory or not.

Identifying material

In this section—
“identifying material”, in relation to a child, means prints of the hands, fingers, feet or toes of the child, recordings of the voice of the child, photographs of the child, samples of the handwriting of the child or material from the body of the child.
An authorised officer or a police officer for the time being in charge of a police station shall not take, or cause to be taken, identifying material of a child unless a magistrate has, under subsection (4), approved the taking of the identifying material.

(2A) Identifying material that consists of material from the body of a child shall not be taken pursuant to this section otherwise than by a person who is a medical practitioner.

An authorised officer or a police officer referred to in subsection (2) may—
(a)make application to a magistrate in person; or

(b)if it is not practicable for the officer to do so—make application to a magistrate by telephone;

for approval to take identifying material of a child who is in lawful custody in respect of an offence or of a child against whom proceedings have been instituted by summons in respect of an offence.

The magistrate may, if he or she thinks it proper in the circumstances, give his or her approval, in writing, for the taking of specified identifying material and shall send the writing to the applicant.
The magistrate may inform the applicant by telephone of his or her approval and in that case the applicant may proceed under the approval notwithstanding that the written approval has not been given.
Where identifying material of a child is taken pursuant to this section, the authorised officer or police officer referred to in subsection (2) shall as soon as practicable take all reasonable steps to cause a parent of the child to be notified of the action taken in relation to the child.

Detention of children

Subject to this section, a child who has been charged with an offence and is not admitted to bail shall, as soon as practicable, be taken to a shelter, and shall be detained there.
In the case of the actual or apprehended violent behaviour of the child (whether in the shelter or elsewhere) or by reason of the seriousness of the offence with which the child is charged, an escape, or attempted escape, by the child from lawful detention, or for other good cause, the child may be taken to a remand centre and shall be detained there.
A child who requires medical attention may be taken to a hospital and, if the person in charge of the hospital consents, be detained in the hospital.
When a child who was detained in a hospital is discharged from hospital, the child shall—
(a)in the case of a child to whom subsection (2) applies—be taken to, and detained in, a remand centre; and

(b)in any other case—be taken to, and detained in, a shelter.

Where it is necessary to take the child from the place at which the child is detained to a court, or from a court to that place, the child shall not, unless it is impracticable to avoid doing so, be so taken in company with a person under detention who is not a child and shall not be placed at the court in a room in which another person under detention who is not a child is placed.

38A. Private property

The person in charge of an institution or shelter may require a child placed in the institution or shelter—
(a)to surrender to the person in charge; or

(b)to send away from the institution or shelter;

any or all property that is in the possession of the child.

Any property surrendered under subsection (1) shall be retained by the person in charge of the institution or shelter until the child is discharged or transferred.
When a child is discharged or transferred any property surrendered by that child shall be—
(a)returned to the child; or

(b)sent to the person in charge of the institution to which the child is transferred;

as the case requires.

The person in charge of an institution or shelter shall keep a record of all property surrendered and sent on under this section.

Arrested children—bringing before court

Where a child has been charged with an offence and has not been released from detention, a police officer or an escort under the Custodial Escorts Act 1998 shall bring the child before the court as soon as practicable.
If the child is not so brought before the court, the child shall forthwith be released from detention.

Exclusion of evidence unlawfully obtained

Where, in proceedings against a child in respect of an offence, the court is satisfied that evidence tendered to the court was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the child, the court shall refuse to admit that evidence in the proceedings unless it is satisfied that—
(a)admission of the evidence is substantially in the public interest as regards the administration of criminal justice; and

(b)that interest would outweigh any prejudice to the rights of any person, including the child, that has occurred or is likely to occur as a result of the contravention or the admission of the evidence.

The matters to which a court may have regard in deciding whether it should admit the evidence that was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the child include—
(a)the seriousness of the offence to which the evidence relates, the difficulty of detecting the offender, the need to apprehend the offender and the need to preserve evidence of the facts;

(b)the nature and seriousness of the contravention; and
(c)the extent to which the evidence might have been lawfully obtained.

This section is in addition to, and not in substitution for, any other law or rule under which a court may refuse to admit evidence.

Summary disposal of certain cases

Subject to this section and to section 43, where—
(a)a child is charged before the court with an indictable offence; and

(b)the court is of the opinion that the case can properly be disposed of summarily;

the court may hear and determine the charge summarily.

Subsection (1) does not apply to an offence that is punishable by imprisonment for life.
Before forming an opinion whether or not a case can properly be disposed of summarily, the court shall have regard to such matters as it considers relevant and, in particular, to each of the following:
(a)any relevant representations made by the defendant;

(b)any relevant representations made by the prosecutor in the presence of the defendant;
(c)the facts of the case;
(d)the seriousness of the alleged offence;
(e)the circumstances in which the offence is alleged to have been committed;
(f)the age of the child;
(g)the apparent maturity of the child;
(h)the apparent mental capacity of the child;
(i)the suitability of the penalties that the court is empowered to impose;
(j)the difficulty of any question of law that is likely to arise.

Committal for trial in certain cases

Where a child is charged before the court with an indictable offence and—
(a)the court is not empowered to hear and determine the charge summarily; or
(b)the court is so empowered but decides not to hear and determine the charge summarily;

the court shall deal with the charge in accordance with the provisions of the Magistrates Court Act relating to indictable offences.

Child may elect to be committed for trial

The court shall not exercise its powers under subsection 41 (1) without the consent of the child.
Before proceeding to hear the charge, the court shall inform the child, and any parent of the child who is present, of the provisions of subsection (1).
If a parent is not present, the court may adjourn the hearing so as to enable a parent to be present.
If a parent is not present at the adjourned hearing, the court may continue the hearing.
The court may, at any time, adjourn the hearing to enable the child or a parent of the child to obtain legal advice.

Committal of guilty child to Supreme Court

Where the court convicts a child of an indictable offence, the court may, where it appears to it that, by reason of the character and antecedents of the child, it is desirable that sentence be passed on the child by the Supreme Court, by order commit the child to the Supreme Court for sentence.
The Supreme Court may deal with a child committed for sentence under subsection (1) in any way in which it might have dealt with the child if the child had been convicted of the offence before the Supreme Court.
Before the court makes an order under subsection (1), the court shall have regard to any report furnished to the court in pursuance of section 162.

Childrens court to give reasons

Where the court decides not to hear and determine a charge summarily and commits a child to the Supreme Court, the court shall state the reasons for its decision and cause those reasons to be entered in the records of the court.

Remission of matter by Supreme Court

Where a child is convicted by the Supreme Court of an offence, the Supreme Court may remit the case to the Childrens Court.
The Childrens Court may deal with a child remitted under subsection (1) in any way in which it might have dealt with the child if the child had been convicted of the offence in that court.
Where the Supreme Court remits a case under subsection (1)—
(a)the Supreme Court may give directions as to the detention of the child, or the child’s release on bail, until the child is brought before the Childrens Court; and

(b)the registrar of the Supreme Court shall cause to be transmitted to the registrar of the Magistrates Court a certificate stating—
(i)the nature of the offence;
(ii)that the child has been convicted of the offence; and
(iii)that the case has been remitted to be dealt with under this section.

46A. Transfer to the Mental Health tribunal

This section applies where, in proceedings against a child in respect of an offence, the court is satisfied that—
(a)the child is mentally dysfunctional; and

(b)on an outline of the facts to be alleged in the proceedings, or such other evidence as the court considers relevant—it would be appropriate to deal with the child under this section.

Where this section applies, the court may by order—
(a)dismiss the charge and require the child to submit to the jurisdiction of the tribunal to enable the tribunal to make a mental health order; or

(b)dismiss the charge unconditionally.

Where the court makes an order under paragraph (2) (a), the order operates as a stay of proceedings, or of further proceedings, against the child in relation to the offence.
Where the court makes an order under subsection (2), the court shall not make an order under section 437, 556A or 556B or Part 15A of the Crimes Act 1900 in relation to the offence.

(a) Subsection 3 (6) of the Children’s Services Ordinance 1986 was repealed before a date was fixed for its commencement.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision How affected

S. 3.................................... am. No. 28, 1987
S. 4.................................... am. No. 53, 1987; Nos. 29 and 62, 1988; Act No. 63, 1990; Nos. 65 and 70, 1991; Nos. 1, 14 and 23, 1993; No. 45, 1994; No. 96, 1998; No. 12, 1999 s 4; 1999 No 31 sch 2
S. 5.................................... am. Act No. 54, 1996
S. 7.................................... am. No. 38, 1989; Act No. 70, 1991
rs. No. 97, 1994

S. 8.................................... am. Act No. 17, 1994
S. 9.................................... am. No. 53, 1987
rep. Act No. 65, 1991

S. 10.................................. am. Act No. 65, 1991
rep. No. 97, 1994

S. 11.................................. am. Act No. 81, 1994
S. 12.................................. am. Act No. 65, 1991
S. 13.................................. am. No. 53, 1987; No. 29, 1988; No. 38, 1989; Act No. 63, 1990; Nos. 65 and 70, 1991; No. 14, 1993; No. 17, 1994
S. 14.................................. am. Act No. 70, 1991
S. 15.................................. am. No. 38, 1989; Act No. 65, 1991; No. 17, 1994
rs. No. 25, 1995

S. 16.................................. am. Acts Nos. 65 and 70, 1991; No. 17, 1994
S. 17.................................. am. Act No. 65, 1991
am. No. 17, 1994

S. 18.................................. am. Act No. 65, 1991
S. 19.................................. am. No. 38, 1989; Act No. 17, 1994
S. 19A................................ ad. Act No. 70, 1991
am. No. 41, 1997

S. 19B................................ ad. Act No. 70, 1991
am. No. 85, 1997

S. 20.................................. rs. Act No. 12, 1999 s 5; 1999 No 61 s 4
S. 20AA............................. ad. Act No. 12, 1999 s 5
rs 1999 No 61 s 4

S. 20AB............................. ad. 1999 No 61 s 4
Ss. 20A.............................. ad. Act No. 12, 1999 s 5
S. 20B................................ ad. Act No. 12, 1999 s 5
am. 1999 No 61 s 5

S. 21.................................. am. Act No. 12, 1999 s 6 sch
S. 22.................................. am. No. 5, 1990; Act No. 12, 1999 s 6 sch; 1999 No 22 s 6
S. 24.................................. am. No. 53, 1987
S. 25.................................. am. Act No. 12, 1999 s 6 sch
S. 26.................................. am. Act No. 65, 1991; No. 17, 1994
S 27................................... am 2000 No 10 s 4
S. 28.................................. am. Act No. 65, 1991; No. 17, 1994; 2000 No 10 s 5
S. 29.................................. am. Act No. 70, 1991; No. 67, 1998, 1999 No 79 s 5 sch 3
S. 30.................................. am. No. 53, 1987; Act No. 96, 1997
S. 31.................................. rep. Act No. 23, 1989
S. 33.................................. am. No. 53, 1987; Act No. 70, 1991; No. 45, 1994
S. 34.................................. am. Act No. 23, 1989
Ss. 35, 36.......................... am. No. 53, 1987
S. 37.................................. am. No. 53, 1987; No. 38, 1989; Act No. 70, 1991
rep. No. 9, 1992

S. 38A................................ ad. Act No. 70, 1991
S. 39.................................. am. No. 53, 1987; Act No. 70, 1991; No. 67, 1998
S. 46.................................. am. Act Nos. 44 and 70, 1991
S. 46A................................ ad. Act No. 45, 1994
S. 47.................................. am. Act No. 70, 1991; Nos. 45 and 81, 1994
S. 47A................................ ad. Act No. 70, 1991
S. 49.................................. am. Act No. 23, 1992
S. 49A................................ ad. Act No. 45, 1994
Ss. 52-54........................... am. Act No. 27, 1998
S. 56.................................. am. No. 53, 1987; Act No. 70, 1991
S. 57.................................. am. Act No. 70, 1991
S. 59.................................. am. No. 38, 1989; Act No. 106, 1991
S. 62.................................. am. Act No. 65, 1991; No. 17, 1994
Div. 3Aof Part 4............... ad. Act No. 85, 1997
(ss. 62A-62C)

S. 62A................................ ad. Act No. 85, 1997
am. No. 67, 1998

S. 62B................................ ad. Act No. 85, 1997
S. 62C............................... ad. Act No. 85, 1997
am. No. 67, 1998

S. 63.................................. rs. No. 18, 1988
S. 64.................................. am. Act No. 9, 1992
S. 65.................................. am. No. 53, 1987; Act No. 67, 1998
Part 4A (ss. 69A-69S)....... ad. Act No. 70, 1991
Ss. 69A, 69B...................... ad. Act No. 70, 1991
Ss. 69C, 69D..................... ad. Act No. 70, 1991
am. No. 85, 1997

Ss. 69E, 69F...................... ad. Act No. 70, 1991
S. 69FA............................. ad. Act No. 85, 1997
S. 69G............................... ad. Act No. 70, 1991
am. No. 67, 1998

S. 69GA............................. ad. Act No. 85, 1997
am. No. 67, 1998

S. 69H .............................. ad. Act No. 70, 1991
S. 69J................................ ad. Act No. 70, 1991
am. No. 81, 1994

Ss. 69K-69S...................... ad. Act No. 70, 1991
S. 71.................................. am. Acts Nos. 65 and 70, 1991; No. 17, 1994
Ss. 72-74........................... am. No. 53, 1987; Act No. 65, 1991; No. 17, 1994
S. 75.................................. am. No. 53, 1987; Acts Nos. 65 and 70, 1991; No. 17, 1994
S. 76.................................. am. Act No. 65, 1991; No. 17, 1994
S. 78.................................. am. Acts Nos. 65 and 70, 1991; No. 1, 1993; No. 17, 1994
s 79.................................... am 2000 No 10 s 6
S. 81.................................. am. Act No. 70, 1991
S. 82.................................. am. Acts Nos. 65 and 70,1991; Nos. 17 and 81, 1994; No. 96, 1997
S. 83.................................. am. Act No. 70, 1991; Nos. 26 and 45, 1994; No. 54, 1996
S. 83A................................ ad. Act No. 45, 1994
S. 84.................................. am. Act No. 26, 1994
S. 85.................................. am. No. 53, 1987; Act No. 70, 1991
Ss. 87, 88.......................... am. Act No. 65, 1991; No. 17, 1994
S. 89.................................. am. Act No. 65, 1991
S. 90.................................. am. Act No. 65, 1991; No. 17, 1994; 2000 No 10 s 7
S. 92.................................. am. Act No. 70, 1991
S. 93.................................. am. Act No. 65, 1991; No. 17, 1994; No. 96, 1997
S. 94.................................. am. Act No. 70, 1991
S. 99.................................. am. No. 38, 1989; Act No. 26, 1994
S. 100................................ am. Act No. 65, 1991
S. 102................................ am. Acts Nos. 65 and 70, 1991; Nos. 17 and 81, 1994
S. 103................................ am. Nos. 29 and 62, 1988; Act No. 63, 1990; Nos. 65 and 70, 1991; No. 14, 1993; Nos. 17 and 81, 1994
Ss. 104, 105...................... am. Act No. 65, 1991; No. 17, 1994
Ss. 109, 110...................... am. Act No. 70, 1991
S. 111................................ am. No. 53, 1987
S. 112................................ am. No. 53, 1987; Act No. 70, 1991
S. 113................................ am. No. 53, 1987
S. 116................................ am. No. 38, 1989; Act No. 70, 1991
S. 117................................ am. No. 38, 1989; Act No. 70, 1991; No. 38, 1994
S. 118................................ am. Act No. 81, 1994
S. 119................................ am. No. 38, 1989
S. 124................................ am. No. 53, 1987
Ss. 127, 128...................... am. Act No. 81, 1994
S. 132................................ am. No. 38, 1989; Act No. 38, 1994
S. 133................................ am. No. 38, 1989; Acts Nos. 38 and 81, 1994
Ss. 134, 135...................... am. Act No. 81, 1994
S. 139................................ am. No. 53, 1987; Act No. 70, 1991; No. 81, 1994
S. 140................................ am. Act No. 70, 1991; No. 81, 1994
Ss. 141, 142...................... am. Act No. 81, 1994
S. 144................................ am. No. 53, 1987; No. 9, 1990
S. 145................................ am. No. 9, 1990; Act No. 46, 1995
S. 146................................ am. Act No. 44, 1991
S. 147................................ am. No. 9, 1990
S. 148................................ am. No. 53, 1987; No. 38, 1989; Act No. 60, 1994
S. 151................................ am. No. 53, 1987
S. 154................................ am. Act No. 81, 1994
S. 155................................ am. No. 53, 1987; No. 38, 1989; Act No. 60, 1994
S. 158................................ am. Act No. 70, 1991
S. 159A.............................. ad. Act No. 70, 1994
am. No. 113, 1997

S. 161................................ am. Act No. 65, 1991; No. 17, 1994
S. 162................................ am. No. 29, 1988; Act No. 63, 1990; No. 14, 1993
S. 163................................ am. Act No. 96, 1997
S. 164................................ am. Act No. 65, 1991
S. 167................................ am. Act No. 96, 1997
S. 168................................ am. Act No. 9, 1992
S. 169................................ am. Act No. 65, 1991; No. 96, 1997
S. 170................................ am. Act No. 70, 1991; No. 81, 1994
S. 172................................ am. Act No. 81, 1994
S. 175................................ rep. Act No. 5, 1994
S. 176................................ am. No. 53, 1987; No. 38, 1989
S. 177................................ am. No. 38, 1989; Act No. 54, 1998
Schedule.......................... am. No. 28, 1987