Children's Services (Amendment) Act 1991 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Children’s Services (Amendment) Act 1991

No. 65 of 1991

An Act to amend the Children’s Services Act 1986

[Notified in ACT Gazette S119:  31 October 1991]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Children’s Services (Amendment) Act 1991.

Commencement

2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.

(2) The remaining provisions commence on the day on which section 4 of the Community Advocate Act 1991 commences.

Principal Act

3.  In this Act, “Principal Act” means the Children’s Services Act 1986.1

Repeal

4.  Section 9 of the Principal Act is repealed.

Acting appointments

5.  Section 10 of the Principal Act is amended by omitting the words “or Youth Advocate” (wherever occurring) and “, as the case may be,” (wherever occurring).

Community Advocate

6.  Each of the following provisions of the Principal Act is amended by omitting “Youth Advocate” (wherever occurring) and substituting “Community Advocate”:

Subsections 4 (1) (definition of “Youth Advocate”) and 10 (1), paragraphs 10 (1) (a) and (b), subsections 10 (3), (4) and (5), section 12, paragraph 13 (2) (c), subsections 13 (6), 15 (1) and 16 (2), (3), (4) and (6), section 17, paragraph 18 (a), subsections 26 (1) and (3), paragraph 28 (3) (b), subsection 62 (1), paragraph 62 (2) (a), subsection 71 (2), paragraph 72 (a), subsections 73 (3), (4), (5), 74 (3), (4), (5) and 75 (1), (4) and (5), paragraph 75 (6) (a), subsections 76 (1), (2), (5), 78 (1), (2), 82 (1), (2) and (3) and 87 (1) and (2), paragraphs 87 (3) (a) and (b), subsections 88 (1), (2), 89 (1), (2) and (8), paragraphs 90 (a) and 93 (5) (a), subsection 93 (6), section 100, subsections 102 (2), (3), (4), (5) and 103 (1) and (2), section 104, subsections 105 (1) and 161 (1), section 164, paragraph 169 (1) (e).

Transitional provisions

7.  (1)  In this section—

“commencement day” means the day on which the provisions referred to in subsection 2 (2) commence.

(2)  The following provisions have effect notwithstanding the repeal of section 9 of the Principal Act by this Act.

(3)  An instrument made, granted or issued by the Youth Advocate before the commencement day and having effect immediately before that day has effect on and after that day as if it had been made, granted or issued by the Community Advocate.

(4)  A reference to the Youth Advocate in an instrument made, granted or issued before the commencement day, being an instrument that has effect immediately before that day, shall, in relation to matters occurring on or after that day, be read as a reference to the Community Advocate.

(5)  An act or thing done by, on behalf of or in relation to, the Youth Advocate shall on and after the commencement day be taken to have been done by, on behalf of or in relation to the Community Advocate.

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note

1.  Ordinance No. 13, 1986 as amended by Nos. 28 and 53, 1987; Nos. 18, 29 and 62, 1988; Nos. 21, 25 and 38, 1989; Act No. 23, 1989; Ordinances Nos. 5 and 9, 1990; Act No. 63, 1990.

[Presentation speech made in Assembly on 12 September 1991]

©  Australian Capital Territory 1991