Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 (Vic)
Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
No. 61 of 2014
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purpose
2Commencement
3Principal Act
PART 2—ORDERS FOR THE PROTECTION AND
PERMANENT CARE OF CHILDREN
Division 1—Preliminary
4Definitions
5Repeal of sections 4 and 5
6Best interest principles
7Responsibilities of the Secretary
8Secretary may authorise person in charge of community
service to act
Division 2—Responsibilities of Secretary
9Responsibilities of Secretary
10Powers of Secretary
11Placement of children
12Decisions in relation to a child
175CWhen Secretary must consult with parent of child
Division 3—Interim accommodation orders
13Interim accommodation order
14Conditions of interim accommodation order
Division 4—Protection Orders
15When Court may make order under this Part
16Types of protection order
17Restrictions on the making of protection orders
18New section 276A inserted
276ACourt to have regard to certain matters
19New section 277 substituted
277Service of applications
20Heading to Division 3 of Part 4.9
21Family preservation order
22Family preservation order may impose conditions
23Powers of Secretary under family preservation order
24Repeal of Divisions 4 and 5 of Part 4.9
25Heading to Division 6 of Part 4.9
26New section 287 substituted
287Family reunification order
27New section 287A inserted
287ADetermining the period of a family reunification order
28Lapsing of family reunification order
29New section 288A inserted
288AChange to nature of order
30New Division 7 of Part 4.9 substituted
Division 7—Care by Secretary order
289Care by Secretary order
289AChange to nature of order
31New Division 8 of Part 4.9 substituted
Division 8—Long-term care order
290Long-term care order
32Repeal of Division 9 of Part 4.9
33Application for extension of protection order
34New section 294A inserted
294ARestrictions on the extension of protection orders
35Repeal of section 295
36Duration of extension
37Repeal of section 297
38New section 298 substituted
298Review of extended orders
39Application of Division 11
40Application for variation of order
41New section 300A inserted
300ASecretary may apply for variation of order without
notice
42Decision of Court on application for variation
43Interim variation of family reunification order
44New section 303 substituted
303Application of Division
45Application for revocation of order—general
46Application for revocation of care by Secretary order
47Application for revocation of long-term care order
48Decision of Court on application for revocation
49Revocation of family reunification order or care by Secretary order
50Revocation of long-term care order
51Court may make further orders on revocation
52New section 311 substituted
311Application of Division
53Breach of protection order—notice of application
54Placing child in emergency care without notice
55Order to continue
56Section 317 repealed
57Decision of Court
Division 5—Permanent Care Orders
58When Court may make permanent care order
59Application for permanent care order
60Permanent care order
61Restrictions on the making of permanent care orders
62New section 323 substituted
323Restrictions on the making of permanent care order in respect of an Aboriginal child
63Disputes between persons jointly granted parental responsibility
64New section 325A inserted
325AChange to nature of order
65Variation or revocation of permanent care order
66Decision on application for variation or revocation
Division 6—Consequential amendments
67State Guardianship Fund
68Power of Family Division to make certain orders by consent
in absence of parties69Application if there is an irreconcilable difference
70Conciliation counselling
71Proceeding on application if party does not appear
72When Court may make order under this Part
73Lapsing of permanent care order
74Appeal to County Court or Supreme Court
75Appeal to Supreme Court on a question of law
76Interstate movement of children
77Financial or other arrangements
78Transfer agreements
79Time limits for filing a charge-sheet
80Child in custody to be brought before Court or bail justice
81Offence to harbour or conceal child
82Offence to counsel or induce child to be absent without lawful authority etc.
83Offences in relation to community service etc.
84Jurisdiction of Family Division
85Legal representation
86Proceedings in which child is required to be legally represented
87Explanation of and reasons for orders
88Restriction on publication of proceedings
89Disposition reports
90Content of disposition report
91Powers of Secretary in relation to medical services and operations
92Circumstances in which child may be placed in emergency
care93Regulations
PART 3—CASE PLANNING
94Definitions
95Case planning
96What is a case plan?
97New sections 167, 168 and 169 substituted and sections 170
and 171 repealed167Permanency objective
168Preparation of case plan
169Review of case plan
98New section 176 substituted
176Cultural support for Aboriginal child
99Therapeutic treatment (placement) order
PART 4—GROUP CONFERENCES
100Court may make youth residential centre order
101Court may make youth justice centre order
102Deferral of sentencing
103Group conference
PART 5—YOUTH PAROLE BOARD
104Definitions
105Division 1 of Part 5.5 repealed
106Establishment of Youth Parole Board
107Meetings of the Youth Parole Board
108Reports by Youth Parole Board
109Youth parole officers
110Division 4 of Part 5.5 repealed
111Heading to Division 5 of Part 5.5 substituted
112Release on parole from youth justice centre
113Cancellation of parole
114Persons detained in youth residential centre subject to Youth Parole Board
115Power of Youth Parole Board to transfer person to a youth
justice centre116Restriction of transfer of under 14 year olds
117Transfer to youth justice centre
118Persons in youth justice centre may be transferred to youth residential centre
119Person in prison may be transferred to youth residential centre
120Person in youth residential centre sentenced to detention in
youth justice centre or imprisonment121Person in youth justice centre sentenced to detention in youth residential centre
PART 6—COURT REPORTS
122Pre-sentence report to be filed with court
123Group conference report to be filed with court
124Secretary to forward report to Court—section 554
125Access to additional report
126Access to additional reports prepared by Secretary to
Department of Justice127Secretary to forward report to Court—section 565
128Secretary to forward report to Court—section 569
129Section 574 substituted
"574Pre-sentence report to be filed with registrar
130Access to pre-sentence reports
131Section 579 substituted
"579Group conference report to be filed with registrar
132Access to group conference report
PART 7—MISCELLANEOUS AMENDMENTS
Division 1—Community services
133New section 49 substituted
49Period of registration
134Renewal of registration
135New section 51 substituted
51Revocation of registration
Division 2—Disclosure of information
136Disclosure of information by Secretary
137Repeal of section 203
Division 3—Therapeutic treatment orders
138Definitions
139Statements of child not admissible in criminal proceedings
140Hearing of adjourned case
141New section 354A inserted
354APowers of Court in criminal proceedings if child
accused voluntarily participates in therapeutic
treatment program
142Content of therapeutic (placement) report
Division 4—Central Register
143Definitions
144Repeal of section 165
145Record of investigation and confidentiality
146Action by protective intervener
147Repeal of section 332
148Review by Victorian Civil and Administrative Tribunal
149Regulations
Division 5—Penalties for offences relating to the protection of children
150Offences relating to the protection of children
Division 6—General
151Time for application
152Temporary leave from legal custody
PART 8—TRANSITIONAL PROVISIONS
153New section 627 inserted
627Transitional provisions—Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
154New Schedule 5 inserted
SCHEDULE 5—Transitional provisions relating to
the Children, Youth and Families Amendment (Permanent Care and
Other Matters) Act 2014
PART 1—PRELIMINARY
1Definitions
2General transitional provisions
PART 2—PROTECTION ORDERS
3Protection orders—renaming
4Custody to Secretary orders
5Custody to third party orders
6Interim protection orders
7References
PART 3—CASE PLANNING
8Case plans
PART 4—ABOLITION OF YOUTH RESIDENTIAL BOARD
9Abolition of Youth Residential Board
10Saving of acts and decisions—general
11Parole
12Saving of proceedings of Youth Residential Board
13Saving of evidentiary provision
14Saving of immunity provision
15Reports by Youth Parole Board
PART 5—TRANSITIONAL REGULATIONS
16Transitional regulations
PART 9—AMENDMENT OF COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2012
155Definitions
156Vulnerable children and young persons
157Commission may conduct inquiry concerning provision of services
158Section 48 substituted
48Commission must first give opportunity to respond to adverse comment or opinion
159Application of Division
160New section 73 inserted
73Transitional provision—Tabling of reports of certain inquiries under Division 3
PART 10—AMENDMENT OF OTHER ACTS
Division 1—Adoption Act 1984
161Guardianship of child awaiting adoption
Division 2—Assisted Reproductive Treatment Act 2008
162Definitions
Division 3—Child Employment Act 2003
163Definitions
Division 4—Children, Youth and Families Amendment Act 2014
164Sharing of information
Division 5—Coroners Act 2008
165Definitions
Division 6—Criminal Organisations Control and Other Acts Amendment Act 2014
166Repeal of section 132
167Release on parole from youth justice centre
Division 7—Limitation of Actions Act 1958
168Interpretation
Division 8—Mental Health Act 2014
169References to orders
Division 9—Sentencing Act 1991
170Definitions
PART 11—FURTHER AMENDMENT OF CHILDREN,
YOUTH AND FAMILIES ACT 2005
171Definitions
172New sections 175A and 175B inserted
175ASecretary may specify certain issues
175BAuthorisation of carer to make certain decisions
PART 12—REPEAL OF AMENDING ACT
173Repeal of amending Act
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ENDNOTES
Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
No. 61 of 2014
[Assented to 9 September 2014]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The main purposes of this Act are—
(a)to amend the Children, Youth and Families Act 2005—
(i)to make further provision for the protection and permanent care of children; and
(ii)to abolish the Youth Residential Board and transfer its functions to the Youth Parole Board; and
(iii)to provide for group conferences where the Children's Court is considering making certain youth justice orders; and
(iv)to further improve the operation of that Act; and
(b)to amend the Commission for Children and Young People Act 2012 in relation to inquiries by the Commission; and
(c)to make consequential amendments to other Acts.
2Commencement
(1)This Part, Part 9 and Division 4 of Part 10 and Part 11 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 March 2016, it comes into operation on that day.
3Principal Act
In this Act, the Children, Youth and Families Act 2005 is called the Principal Act.
__________________
PART 2—ORDERS FOR THE PROTECTION AND PERMANENT CARE OF CHILDREN
Division 1—Preliminary
4Definitions
(1)In section 3(1) of the Principal Act, the definitions of custody, custody to Secretary order, custody to third party order, guardianship, guardianship to Secretary order, interim protection order, long-term guardianship to Secretary order, supervised custody order and supervision order are repealed.
(2)In section 3(1) of the Principal Act, insert the following definitions—
"care by Secretary order means an order referred to in section 275(1)(d);
family preservation order means an order referred to in section 275(1)(b);
family reunification order means an order referred to in section 275(1)(c);
long-term care order means an order referred to in section 275(1)(e);
parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children;".
(3)In section 3(1) of the Principal Act—
(a)in the definition of care, for "custody of" substitute "parental responsibility for";
(b)in the definition of contact, for "custody of" substitute "care of".
(4)In section 3(1) of the Principal Act, for paragraph (d) of the definition of parent substitute—
"(d)any person who has parental responsibility for the child, other than the Secretary; and".
5Repeal of sections 4 and 5
Sections 4 and 5 of the Principal Act are repealed.
6Best interest principles
(1)In section 10(3)(f) of the Principal Act, for "stability" substitute "permanency".
(2)After section 10(3)(f) of the Principal Act insert—
"(fa)the desirability of making decisions as expeditiously as possible and the possible harmful effect of delay in making a decision or taking an action;".
(3)Section 10(3)(p) of the Principal Act is repealed.
7Responsibilities of the Secretary
For section 16(1)(g) of the Principal Act substitute—
"(g)to provide or arrange the provision of services to assist in supporting a person under the age of 21 years to gain the capacity to make the transition to independent living where—
(i)the Secretary has had parental responsibility for the person; and
(ii)on the Secretary's parental responsibility ending, the person is of an age, or intends, to live independently;".
8Secretary may authorise person in charge of community service to act
In section 19(1)(c) of the Principal Act, for "custody and guardianship of" substitute "parental responsibility for".
Division 2—Responsibilities of Secretary
9Responsibilities of Secretary
For the heading to Division 2 of Part 4.3 of the Principal Act substitute—
"Division 2—Responsibilities of Secretary for a child for whom Secretary has parental responsibility".
10Powers of Secretary
(1)In the heading to section 172 of the Principal Act, for "as guardian or custodian" substitute "when Secretary has parental responsibility".
(2)In section 172(1) of the Principal Act, for
"who is under his or her guardianship" substitute "for whom the Secretary has sole parental responsibility".
(3)In section 172(2) of the Principal Act—
(a)for "who is in the custody or under the guardianship of the Secretary" substitute "for whom the Secretary has parental responsibility"; and
(b)for paragraph (a) substitute—
"(a)has the sole right to care of the child; and".
(4)For section 172(3) of the Principal Act substitute—
"(3)The Secretary may detain without warrant any child for whom the Secretary has parental responsibility as a result of a protection order.".
11Placement of children
(1)For section 173(1)(a) of the Principal Act substitute—
"(a)for whom the Secretary has parental responsibility under this Act; or".
(2)In section 173(2)(c) of the Principal Act for
"if he or she is under the guardianship of the Secretary and available for adoption" substitute "if the Secretary has sole parental responsibility for the child and the child is available for adoption".
12Decisions in relation to a child
(1)In section 175A(1) of the Principal Act after "relating to a child" insert "for whom the Secretary has parental responsibility".
(2)In section 175A(2) of the Principal Act for "an interim accommodation order, interim protection order, supervised custody order or custody to Secretary order" substitute "an interim accommodation order, a family reunification order or a therapeutic treatment (placement) order".
(3)In section 175B(1)(b) of the Principal Act after "protection order" insert "that confers parental responsibility for the child on the Secretary".
(4)After section 175B of the Principal Act, insert—
175CWhen Secretary must consult with parent of child
(1)This section applies if—
(a)a child who is subject to an interim accommodation order has been placed in out of home care; or
(b)the Secretary has parental responsibility for a child under a family reunification order or a therapeutic treatment (placement) order.
(2)The Secretary must, to the fullest extent possible, work with and engage any parent with whom the child is intended to be reunified in making case planning decisions for the child.
(3)The Secretary must not make a decision about a major long-term issue in relation to the child if a parent who has parental responsibility for the child disagrees with the decision.
(4)Subsection (3) does not apply to a decision about a major long-term issue that the Secretary is expressly authorised to make under this Act.
(5)The Secretary may make a decision on an issue in relation to the child that is not a major long-term issue without the agreement of a parent of the child.".
Division 3—Interim accommodation orders
13Interim accommodation order
(1)After section 262(5) of the Principal Act insert—
"(5A)Despite anything to the contrary in this section, an interim accommodation order must not be made in respect of a child if the Court is satisfied that—
(a) a protection order could be made in respect of the child under Part 4.9; or
(b)a permanent care order could be made in respect of the child under section 319.".
(2)In section 262(6) of the Principal Act, for "custody to Secretary order, a guardianship to Secretary order or a long-term guardianship to Secretary order" substitute "family reunification order, a care by Secretary order or a long-term care order".
(3)In section 262(7) of the Principal Act—
(a)for "supervision order or a supervised custody order" substitute "family preservation order";
(b)for "supervision order or supervised custody order" (where twice occurring) substitute "family preservation order".
14Conditions of interim accommodation order
After section 263(1)(f) of the Principal Act insert—
"(fa)the placement of the child with a disability service provider within the meaning of the Disability Act 2006 if the child is the recipient of disability services under that Act; or".
Division 4—Protection Orders
15When Court may make order under this Part
In section 274(b) of the Principal Act, for "custody of" substitute "care of".
16Types of protection order
In section 275(1) of the Principal Act, for paragraphs (b) to (h) substitute—
"(b)a family preservation order;
(c)a family reunification order;
(d)a care by Secretary order;
(e)a long-term care order.".
17Restrictions on the making of protection orders
(1)For section 276(1)(b) of the Principal Act substitute—
"(b)it is satisfied that the child cannot be sufficiently protected without a protection order.".
(2)For section 276(2) of the Principal Act substitute—
"(2)The Court must not make a protection order that has the effect of removing the child from the care of the child's parent unless the Court—
(a)has considered an order allowing the child to remain in the care of the child's parent; and
(b)has rejected such an order as being contrary to the best interests of the child.".
18New section 276A inserted
After section 276 of the Principal Act insert—
"276A Court to have regard to certain matters
(1)In determining whether to make a protection order, the Court must have regard to advice from the Secretary as to—
(a)if a case plan has been prepared in relation to the child, the objectives of the case plan; and
(b)if the child has one or more siblings under the age of 18 years, the arrangements in place for the care of those siblings; and
(c)the age of the child and the period of time that the child has spent in out of home care during the child's lifetime (whether or not as a consequence of a court order).
(2)In determining whether to make a protection order that has the effect of conferring parental responsibility for a child on the Secretary, the Court must have regard to advice from the Secretary as to—
(a)the likelihood of a parent of the child permanently resuming care of the child during the term of the protection order; and
(b)the outcome of any previous attempts to reunify any child with the parent of the child; and
(c)if a parent of the child has previously had another child permanently removed from the parent's care, the desirability of making an early decision about the future permanent care arrangements for the child the subject of the proposed order; and
(d)the benefits to the child of making a care by Secretary order to facilitate alternate arrangements for the permanent care of the child if—
(i)the child is in out of home care as a result of an order under this Part and has been in out of home care under such an order for a cumulative period of 12 months; and
(ii)there appears to be no realistic prospect of the child being able to safely return permanently to the care of the child's parent within a further period of 12 months; and
(iii)there are no permanent care arrangements already available for the child; and
(e)the desirability of making a permanent care order, if the child is placed with a person who is intended to have permanent care of the child.
(3)Section 287A(4) applies to the determination of a cumulative period under this section (except subsection (1)(c)).".
19New section 277 substituted
For section 277 of the Principal Act substitute—
"277 Service of applications
(1)The applicant must as soon as possible cause a copy of an application for the following to be given or sent in accordance with subsection (2)—
(a)the variation of an undertaking under this Part or of any conditions of an undertaking or for the revocation of an undertaking; or
(b)the variation or revocation of a family preservation order; or
(c)the extension of the period of a family preservation order; or
(d)the extension of the period of a family reunification order or a care by Secretary order; or
(e)the variation or revocation of a family reunification order; or
(f)the revocation of a care by Secretary order or a long-term care order; or
(g)an order in respect of a failure to comply with a family preservation order or an interim accommodation order.
(2)The application must be given or sent by post—
(a)to any person by or on behalf of whom such an application could have been made; and
(b)in the case of an application referred to in paragraph (c) or (d), to the child and the parent of the child.".
20Heading to Division 3 of Part 4.9
For the heading to Division 3 of Part 4.9 of the Principal Act substitute—
"Division 3—Family preservation order".
21Family preservation order
(1)For the heading to section 280 of the Principal Act substitute—
"Family preservation order".
(2)In section 280(1) of the Principal Act—
(a)for "supervision order" substitute "family preservation order";
(b)for paragraph (b) substitute—
"(b)does not affect a person's parental responsibility for the child; and".
(3)In section 280(2) of the Principal Act, for "supervision order" substitute "family preservation order".
(4)For section 280(3) and (4) of the Principal Act substitute—
"(3)If, under subsection (2)(b), the Court specifies a period exceeding 12 months for a family preservation order to remain in force, it must direct the Secretary to review the operation of the order before the end of the period of 12 months after the making of the order.
(4)Following a review under subsection (3), the Secretary, may, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, determine that the family preservation order should end.
(5)The Secretary must notify the Court of a determination under subsection (4).
(6)If a notice is given under subsection (5), the family preservation order ends at the end of 12 months after the order is made or on the date that notice is given, whichever is the later.
(7)The Secretary must notify the child (if the child is aged 10 years or older), the child's parent and any other persons that the Court directs if the family preservation order ends in accordance with subsection (6).".
22Family preservation order may impose conditions
(1)In the heading to section 281 of the Principal Act, for "Supervision order" substitute "Family preservation order".
(2)For section 281(1) of the Principal Act substitute—
"(1)A family preservation order may include conditions to be observed by—
(a)the child in respect of whom it is made; or
(b)a parent of the child.
(1A)Conditions that may be included under subsection (1) are conditions that the Court considers—
(a)to be in the best interests of the child; and
(b)are reasonably capable of being carried out by each person who will be subject to the condition; and
(c)promote the continuing care of the child by a parent of the child.".
(3)In section 281(2) of the Principal Act, for "supervision order" substitute "family preservation order".
23Powers of Secretary under family preservation order
(1)In the heading to section 282 of the Principal Act, for "supervision order" substitute "family preservation order".
(2)In section 282(1) and (2) of the Principal Act, for "supervision order" substitute "family preservation order".
24Repeal of Divisions 4 and 5 of Part 4.9
Divisions 4 and 5 of Part 4.9 of the Principal Act are repealed.
25Heading to Division 6 of Part 4.9
For the heading to Division 6 of Part 4.9 of the Principal Act substitute—
"Division 6—Family reunification order".
26New section 287 substituted
For section 287 of the Principal Act substitute—
"287 Family reunification order
(1)A family reunification order—
(a)confers parental responsibility for the child on the Secretary; and
(b)confers responsibility for the sole care of the child on the Secretary; and
(c)subject to this Division, remains in force for the period (not exceeding 12 months) specified in the order; and
(d)may include any conditions that the Court considers—
(i)to be in the best interests of the child; and
(ii)are reasonably capable of being carried out by each person who will be subject to the condition; and
(iii)promote the reunification of the child with a parent of the child; and
(e)must provide that if, while the order is in force, the Secretary is satisfied that it is in the child's best interests, the Secretary may in writing direct that a parent of the child is to resume parental responsibility for the child to the exclusion of the Secretary.
(2)The conferral of parental responsibility on the Secretary does not affect the parental responsibility of any other person for the child in relation to making decisions about major long term issues except as provided for under this Act or by an order of the Court.
(3)The conditions that may be included in accordance with subsection (1)(d) may include a condition concerning contact between the child and a parent of the child or another person of significance to the child.".
27New section 287A inserted
After section 287 of the Principal Act insert—
"287A Determining the period of a family reunification order
(1)This section applies to the determination of the period of a family reunification order for a child who is or has been in out of home care as a result of any of the following orders—
(a)an interim accommodation order;
(b)a family reunification order;
(c)a care by Secretary order;
(d)a long-term care order;
(e)a therapeutic treatment (placement) order.
(2)If the child has been in out of home care for less than 12 months under one or more orders specified in subsection (1), the period specified in a family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period that exceeds 12 months commencing on the date that the child is first placed in out of home care under the first of those orders.
(3)If the child has been in out of home care for 12 months or more but less than 24 months under one or more orders specified in subsection (1), the period specified in a family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period that exceeds 24 months commencing on the date that the child is first placed in out of home care under the first of those orders.
(4)For the purposes of determining a cumulative period under this section—
(a)any period that the child is in out of home care under a child care agreement under Part 3 or under a private arrangement made by a parent is to be disregarded; and
(b)any period that the child is being cared for by a parent under an interim accommodation order, an undertaking or a family preservation order under this Part must be disregarded; and
(c)any period that the child was in out of home care under an order must be disregarded if the child was subsequently returned to the care of a parent without the child being subject to any order under this Part.".
28Lapsing of family reunification order
(1)In the heading to section 288 of the Principal Act, for "custody to Secretary order" substitute "family reunification order".
(2)In section 288(1) and (2) of the Principal Act, for "custody to Secretary order" substitute "family reunification order".
(3)In section 288(1)(a) of the Principal Act, for "the custody or the guardianship and custody of" substitute "parental responsibility for".
29New section 288A inserted
After section 288 of the Principal Act insert—
"288A Change to nature of order
(1)If under a family reunification order the Secretary directs that a parent or parents of a child are to resume parental responsibility for the child to the exclusion of the Secretary, then on and from the date of the direction—
(a)the Secretary ceases to have parental responsibility for the child; and
(b)the parent resumes parental responsibility for the child as specified in the direction; and
(c)the family reunification order is taken to be a family preservation order giving the Secretary responsibility for the supervision of the child and placing the child in the day to day care of the parent or parents who have parental responsibility for the child; and
(d)the conditions of the family reunification order continue to apply as conditions of the family preservation order; and
(e)Division 3 applies to the order; and
(f)the order ceases to be a family reunification order for the purposes of this Act.
(2)The Secretary must give a copy of a direction under this section to—
(a)the Court; and
(b)the child; and
(c)the parent of the child.
(3)The Secretary may apply to the Court to determine that the order is to include conditions.
(4)The Court may determine that the order is to include conditions of a kind referred to in section 281, without requiring the parties to attend, or be represented at, the proceeding.
(5)If the Court makes a determination under subsection (4), the order is taken to include those conditions as if they were included in the order under section 281.".
30New Division 7 of Part 4.9 substituted
For Division 7 of Part 4.9 of the Principal Act substitute—
"Division 7—Care by Secretary order
289Care by Secretary order
(1)A care by Secretary order—
(a)confers parental responsibility for the child on the Secretary to the exclusion of all other persons; and
(b)subject to this Division, remains in force for a period of 2 years; and
(c)ceases to be in force when the child attains the age of 18 years or when the child marries, whichever happens first; and
(d)must provide that if, while the order is in force, the Secretary is satisfied that it is in the child's best interests, the Secretary may in writing direct that a parent of the child is to resume parental responsibility for the child.
(2)The Court must direct the Secretary to review the operation of the order before the end of the period of 12 months after the making of the order.
(3)Following a review under subsection (2), the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that the order should end.
(4)The Secretary must notify the Court of a determination under subsection (3).
(5)If a notice is given under subsection (4), the order ends at the end of 12 months after the order is made or on the date that notice is given, whichever is the later.
(6)The Secretary must notify the child (if the child is aged 10 years or older), the child's parent and any other persons that the Court directs if the order ends in accordance with subsection (5).
(7)Section 288 applies to a care by Secretary order as if any reference to a family reunification order were a reference to a care by Secretary order.
289AChange to nature of order
(1)If under a care by Secretary order the Secretary directs that a parent or parents of the child are to resume parental responsibility for the child, then on and from the date of the direction—
(a)the Secretary ceases to have parental responsibility for the child; and
(b)the parent resumes parental responsibility for the child as specified in the direction; and
(c)the care by Secretary order is taken to be a family preservation order giving the Secretary responsibility for the supervision of the child and placing the child in the day to day care of the parent or parents who have parental responsibility for the child; and
(d)Division 3 applies to the order; and
(e)the order ceases to be a care by Secretary order for the purposes of this Act.
(2)The Secretary must give a copy of a direction under this section to—
(a)the Court; and
(b)the child; and
(c)the parent of the child.
(3)The Secretary may apply to the Court to determine that the order is to include conditions.
(4)The Court may determine that the order is to include conditions of a kind referred to in section 281, without requiring the parties to attend, or be represented at, the proceeding.
(5)If the Court makes a determination under subsection (4), the order is taken to include those conditions as if they were included in the order under section 281.".
31New Division 8 of Part 4.9 substituted
For Division 8 of Part 4.9 of the Principal Act substitute—
"Division 8—Long-term care order
290Long-term care order
(1)A long-term care order—
(a)confers parental responsibility for the child on the Secretary to the exclusion of all other persons; and
(b)subject to this Division, remains in force until the child attains the age of 18 years or marries, whichever happens first; and
(c)despite anything to the contrary in Division 7 or 10, may be made instead of extending a care by Secretary order.
(2)The Court must not make a long-term care order unless the Court is satisfied that—
(a)there is a person or persons available with whom the child will continue to live for the duration of the order; and
(b)the person or persons referred to in paragraph (a) will not consent to the making of a permanent care order; and
(c)the Secretary consents to the making of the order; and
(d)if the child is of or over the age of 10 years, the child does not oppose the making of the order; and
(e)the making of the order is in the best interests of the child.
(3)The Court must direct the Secretary to review the operation of the order before the end of each period of 12 months after the making of the order.
(4)Following a review under subsection (3), the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that order should end.
(5)The Secretary must notify the Court of a determination under subsection (4).
(6)If a notice is given under subsection (5), the order ends at the end of 12 months after the order is made or on the date that notice is given, whichever is the later.
(7)The Secretary must notify the child (if the child is aged 10 years or older), the child's parent and any other persons that the Court directs if the order ends in accordance with subsection (6).
(8)Section 288 applies to a long-term care order as if any reference to a family reunification order were a reference to a long-term care order.".
32Repeal of Division 9 of Part 4.9
Division 9 of Part 4.9 of the Principal Act is repealed.
33Application for extension of protection order
(1)In section 293(1) of the Principal Act, for paragraphs (a) to (d) substitute—
"(a)a family preservation order;
(b)a family reunification order;
(c)a care by Secretary order.".
(2)Section 293(4) of the Principal Act is repealed.
34New section 294A inserted
After section 294 of the Principal Act insert—
"294A Restrictions on the extension of protection orders
(1)The Court must not extend a family reunification order unless it is satisfied that—
(a)there is compelling evidence that it is likely that a parent of the child will permanently resume care of the child during the period of the extension; and
(b)the extension will not have the effect that a child will be placed in out of home care for a cumulative period that exceeds 24 months, calculated in accordance with section 287A.
(2)The Court must not extend a care by Secretary order unless the Court is satisfied that—
(a)firstly, a permanent care order is not appropriate in the circumstances; and
(b)secondly, a long-term care order is not appropriate in the circumstances.
(3)Despite subsection (2), the Court may extend a care by Secretary order if the Court is satisfied that there are exceptional circumstances which justify the making of a further care by Secretary order.".
35Repeal of section 295
Section 295 of the Principal Act is repealed.
36Duration of extension
(1)In section 296(1) of the Principal Act, for "supervision order or supervised custody order" substitute "family preservation order".
(2)For section 296(2) of the Principal Act substitute—
"(2)If an extension application is made in relation to a family reunification order the duration of an extension or additional extension is to be determined in accordance with subsection (3) or (4), as applicable.
(3)If the child has been in out of home care for a cumulative period of less than 12 months under one or more orders specified in section 287A(1), an extension or additional extension of the family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period that exceeds 12 months commencing on the date that the child is first placed in out of home care under the first of the orders specified in section 287A(1).
(4)If the child has been in out of home care for a cumulative period of 12 months or more but less than 24 months under one or more orders specified in section 287A(1), an extension or additional extension of the family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period that exceeds 24 months commencing on the date that the child is first placed in out of home care under the first of the orders specified in section 287A(1).
(5)Section 287A(4) applies to the determination of a cumulative period under this section.
(6)On an extension application relating to a care by Secretary order, the Court may extend the order for a period of 2 years.".
37Repeal of section 297
Section 297 of the Principal Act is repealed.
38New section 298 substituted
For section 298 of the Principal Act substitute—
"298 Review of extended orders
(1)If under this Division the Court specifies a period exceeding 12 months for an extension of a protection order, it must direct the Secretary to review the operation of the order before the end of the period of 12 months after the making of the order.
(2)Following a review under subsection (1), the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that the order should end.
(3)The Secretary must notify the Court of a determination under subsection (2).
(4)If a notice is given under subsection (3), the order ends at the end of 12 months after the order is made or on the date that notice is given, whichever is the later,
(5)The Secretary must notify the child (if the child is aged 10 years or older), the child's parent and any other persons that the Court directs if the order ends in accordance with subsection (4).".
39Application of Division 11
In section 299 of the Principal Act, for paragraphs (a) to (e) substitute—
"(a)a family preservation order;
(b)a family reunification order.".
40Application for variation of order
In section 300 of the Principal Act—
(a)for "the conditions of a protection order to which this Division applies" substitute "a protection order to which this Division applies or the conditions of such an order";
(b)for paragraphs (c) to (e) substitute—
"(c)the Secretary.".
41New section 300A inserted
After section 300 of the Principal Act insert—
"300A Secretary may apply for variation of order without notice
The Secretary may apply to the Court for a variation of the conditions of a family reunification order without serving notice under section 277 if the Secretary is satisfied on reasonable grounds that—
(a)there has been an unexpected change in circumstances; and
(b)the application is necessary for the safety and wellbeing of the child.".
42Decision of Court on application for variation
In section 301 of the Principal Act—
(a)after "vary" insert "the order or";
(b)for paragraph (b) substitute—
"(b)in the case of a family reunification order, make any change to the conferral of parental responsibility for the child.".
43Interim variation of family reunification order
(1)In the heading to section 302 of the Principal Act, for "custody to Secretary order" substitute "family reunification order".
(2)In section 302(1) of the Principal Act—
(a)after "section 300" insert "or 300A";
(b)for "custody to Secretary order" substitute "family reunification order";
(c)omit "in exceptional circumstances".
(3)In section 302(2) of the Principal Act, for "in the custody of" substitute "to the conferral of parental responsibility for".
44New section 303 substituted
For section 303 of the Principal Act substitute—
"303 Application of Division
This Division applies to the following protection orders—
(a)family preservation order;
(b)family reunification order;
(c)care by Secretary order;
(d)long-term care order.".
45Application for revocation of order—general
(1)In section 304(1) of the Principal Act, for paragraphs (c) to (e) substitute—
"(c)the Secretary.".
(2)For section 304(2) of the Principal Act substitute—
"(2)This section does not apply to a care by Secretary order or a long-term care order.".
46Application for revocation of care by Secretary order
(1)In the heading to section 305 of the Principal Act, for "guardianship to Secretary order" substitute "care by Secretary order".
(2)In section 305(1) and (2) of the Principal Act, for "guardianship to Secretary order" substitute "care by Secretary order".
47Application for revocation of long-term care order
(1)In the heading to section 306 of the Principal Act, for "long-term guardianship to Secretary order" substitute "long-term care order".
(2)In section 306(1) and (3) of the Principal Act, for "long-term guardianship to Secretary order" substitute "long-term care order".
48Decision of Court on application for revocation
In section 307(2) of the Principal Act, for "custody to Secretary order" substitute "family reunification order".
49Revocation of family reunification order or care by Secretary order
(1)For the heading to section 308 of the Principal Act substitute—
"Revocation of family reunification order or care by Secretary order".
(2)In section 308 of the Principal Act, for "custody to Secretary order" substitute "family reunification order".
50Revocation of long-term care order
For the heading to section 309 of the Principal Act substitute—
"Revocation of long-term care order".
51Court may make further orders on revocation
(1)In section 310 of the Principal Act, subsections (1) and (2) are repealed.
(2)In section 310(3) of the Principal Act—
(a)for "custody to Secretary order" substitute "family reunification order";
(b)for "supervision order" substitute "family preservation order";
(c)for "guardianship to Secretary order or long-term guardianship to Secretary order" substitute "care by Secretary order or long-term care order".
(3)In section 310(5) of the Principal Act—
(a)for "guardianship to Secretary order" substitute "care by Secretary order";
(b)for "supervision order" substitute "family preservation order".
(4)In section 310(6) of the Principal Act—
(a)for "long-term guardianship to Secretary order" substitute "long-term care order";
(b)for "supervision order" substitute "family preservation order";
(c)for paragraph (c) substitute—
"(c)a care by Secretary order.".
(5)In section 310(7) of the Principal Act—
(a)for "a guardianship to Secretary order" (wherever occurring) substitute "a care by Secretary order";
(b)for "long-term guardianship to Secretary order" substitute "long-term care order";
(c)for "subsection (1)" substitute "that subsection".
52New section 311 substituted
For section 311 of the Principal Act substitute—
"311 Application of Division
This Division applies to a family preservation order.".
53Breach of protection order—notice of application
(1)In section 312(1)(b) of the Principal Act omit "in the case of a supervision order,".
(2)Section 312(1)(c) of the Principal Act is repealed.
(3)For section 312(3) of the Principal Act substitute—
"(3)In this section, relevant person means the parent of the child.".
54Placing child in emergency care without notice
In section 314(1)(b) of the Principal Act—
(a)in paragraph (i), for "supervision order" substitute "family preservation order";
(b)in paragraph (ii) omit "in the case of a supervision order,";
(c)paragraph (iii) is repealed.
55Order to continue
In section 316 of the Principal Act, for "Subject to section 317, if the Secretary" substitute "If the Secretary".
56Section 317 repealed
Section 317 of the Principal Act is repealed.
57Decision of Court
(1)For section 318(1) of the Principal Act substitute—
"(1)On an application for an order under subsection (2), the Court may make an order under that subsection if satisfied that—
(a)there has been a failure to comply with any condition of the order; or
(b)there has been a failure to comply with any direction given by the Secretary under section 282(2); or
(c)the child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child.".
(2)Section 318(2)(b)(ii) of the Principal Act is repealed.
(3)In section 318(3) of the Principal Act omit "but, if the revoked order was an interim protection order, must not make a further interim protection order".
Division 5—Permanent Care Orders
58When Court may make permanent care order
In section 319 of the Principal Act, for "custody and guardianship of" (wherever occurring) substitute "parental responsibility for".
59Application for permanent care order
(1)In section 320(1) of the Principal Act, for "custody and guardianship of" substitute "parental responsibility for".
(2)After section 320(1) of the Principal Act insert—
"(1A)The Secretary must not approve a person as suitable to have parental responsibility for a child under a permanent care order unless the Secretary is satisfied that the person will comply with the condition to be included in the permanent care order under section 321(1)(ca).".
(3)In section 320(2) and (4)(c) of the Principal Act, for "custody and guardianship of" substitute "parental responsibility for".
60Permanent care order
(1)In section 321(1) of the Principal Act—
(a)in paragraph (a), for "grants custody and guardianship of the child to" substitute "confers parental responsibility for the child on";
(b)in paragraph (b)—
(i)for "vest guardianship of the child jointly in" substitute "confer parental responsibility for the child jointly on";
(ii)for "guardians" substitute "the persons having parental responsibility for the child";
(c)after paragraph (c) insert—
"(ca)must include a condition that the person caring for the child must, in the best interests of the child and unless the Court otherwise provides, preserve—
(i)the child's identity and connection to the child's culture of origin; and
(ii)the child's relationships with the child's birth family; and";
(d)for paragraph (d) substitute—
"(d)may include conditions that the Court considers in the best interests of the child concerning contact with the child's parent which may provide for contact up to 4 times a year; and".
(2)Insert the following note to section 321(1) of the Principal Act—
"Note
A person who has parental responsibility for a child under a permanent care order is a parent within the meaning of section 3(1) of this Act and has, in relation to the child, all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children, to the exclusion of all others.".
(3)After section 321(1) of the Principal Act insert—
"(1A)A condition referred to in subsection (1)(d) or (e) does not prevent additional contact being arranged from time to time by agreement in the child's best interests.
(1B)Before including a condition referred to in subsection (1)(d), (e) or (f), the Court must have regard to the primacy of the child's relationship with the child's permanent care family and whether the condition—
(a)is necessary to protect the child or support the permanence of the placement; and
(b)is necessary to promote the child's continuing connection to the child's parents, siblings or culture; and
(c)is sufficiently flexible to accommodate the child's changing developmental needs over time; and
(d)is reasonable in the context of the child's permanent care family's life; and
(e)is necessary given the capacity of the person caring for the child to meet the condition referred to in subsection (1)(ca).
(1C)A permanent care order may include a condition that a child must not have contact with a parent, sibling or other person.".
61Restrictions on the making of permanent care orders
(1)Section 322(2) of the Principal Act is repealed.
(2)In section 322(4) of the Principal Act, for "custody and guardianship of" substitute "parental responsibility for".
62New section 323 substituted
For section 323 of the Principal Act substitute—
"323 Restrictions on the making of permanent care order in respect of an Aboriginal child
(1)The Court must not make a permanent care order to place an Aboriginal child solely with a non-Aboriginal person or persons unless the disposition report states that—
(a)no suitable placement can be found with an Aboriginal person or persons; and
(b)the decision to seek the order has been made in consultation with the child, where appropriate; and
(c)the Secretary is satisfied that the order sought will accord with the Aboriginal Child Placement Principle.
(2)The Court must not make a permanent care order in respect of an Aboriginal child unless—
(a)the Court has received a report from an Aboriginal agency that recommends the making of the order; and
(b)a cultural plan has been prepared for the child.".
63Disputes between persons jointly granted parental responsibility
(1)For the heading to section 325 of the Principal Act substitute—
"Disputes between persons jointly granted parental responsibility".
(2)In section 325 of the Principal Act—
(a)for "granted joint custody or guardianship of" substitute "conferred joint parental responsibility for";
(b)for "custodian or guardian of the child" substitute "persons who have parental responsibility for the child".
64New section 325A inserted
After section 325 of the Principal Act insert—
"325A Change to nature of order
(1)The Secretary must notify the Court if the Secretary is informed that each person conferred parental responsibility for the child under a permanent care order has died.
(2)On and from the date that notice is given by the Secretary to the Court under subsection (1)—
(a)the Secretary is taken to have sole parental responsibility for the child; and
(b)the permanent care order is taken to be a care by Secretary order; and
(c)Division 7 of Part 4.9 applies to the order; and
(d)the order ceases to be a permanent care order for the purposes of this Act.
(3)The Secretary must notify the following of the change of order under this section—
(a)the person who has the care of the child;
(b)if the child is aged 10 years or over, the child;
(c)the parent of the child.".
65Variation or revocation of permanent care order
(1)For section 326(1) of the Principal Act substitute—
"(1)An application for the variation of a permanent care order or for the revocation (in whole or in part) of a permanent care order may be made to the Court by—
(a)the child in respect of whom the order is made; or
(b)a person who has parental responsibility for the child under the order (the permanent care parent); or
(c)a person who is a parent of the child (other than a person referred to in paragraph (b)), with leave of the Court; or
(d)the Secretary.
(1A)A sibling of the child may make an application to the Court for the variation of a permanent care order.
(1B)An application by a person under subsection (1)(c) to vary a permanent care order made before the end of the period of 12 months after the order is made may only be made on the basis that a contact condition in the order has not been complied with.
(1C)In determining whether to grant leave to a person under subsection (1)(c), the best interests of the child are the paramount consideration and the Court must—
(a)first have regard to the current circumstances of the child; and
(b)have regard to the matters specified in section 321(1B); and
(c)have regard to potential disruption to the child's permanent care placement and the child's relationship with the permanent care family; and
(d)in the case of an application to vary an order, have regard to whether—
(i)it appears that a party has not complied with any condition or the order; or
(ii)there has been a significant change in the circumstances of the parent or the child since the original order was made; and
(e)in the case of an application to revoke an order, have regard to whether the circumstances of the parent have changed significantly to the extent that the parent can demonstrate that the parent would be able to permanently fulfil the responsibilities and duties of parenthood, including the capacity to provide adequately for the emotional, intellectual, educational and other needs of the child.
(1D)To assist the Court in determining whether to grant leave to a person under subsection (1)(c), the Court may request a report from the Secretary about the current circumstances of the child.
(1E)To assist the Court in determining whether to vary a permanent care order in relation to a contact condition, the Court may request a report from the Secretary about the contact needs of the child.
(1F)To assist the Court in determining whether to revoke a permanent care order, the Court may request a report from the Secretary to assist the Court in determining whether revocation would be in the child's best interests.".
(2)For section 326(2)(b) and (c) of the Principal Act substitute—
"(b)each person who has parental responsibility for the child under the order; and
(c)each person who is a parent of the child (other than a person referred to in paragraph (b)); and".
(3)After section 326(2) of the Principal Act insert—
"(2A)If a parent requires leave of the Court to bring an application to vary or revoke a permanent care order, notice of the application under subsection (2) must not be served on—
(a)the child who is the subject of the application; or
(b)each person who has parental responsibility for the child under the order—
unless that leave is granted.".
66Decision on application for variation or revocation
(1)In section 327(a) of the Principal Act for "in the custody or guardianship of" substitute "to the parental responsibility for".
(2)At the end of section 327 of the Principal Act insert—
"(2)The limit on contacts that applies to a condition imposed under section 321(1)(d) does not apply to a variation of a contact condition of a permanent care order if the variation is made more than 12 months after the making of the order.".
Division 6—Consequential amendments
67State Guardianship Fund
In section 177 of the Principal Act—
(a)in subsection (5), for "On the child ceasing to be under the guardianship of the Secretary" substitute "On the Secretary ceasing to have sole parental responsibility for the child"; and
(b)in subsection (6), for "on a child ceasing to be under the guardianship of the Secretary" substitute "on ceasing to have sole parental responsibility for a child".
68Power of Family Division to make certain orders by consent in absence of parties
In section 216 of the Principal Act, for "custody to Secretary order or a guardianship to Secretary order" substitute "family reunification order or a care by Secretary order".
69Application if there is an irreconcilable difference
In section 259(1) of the Principal Act, for "custody" substitute "parental responsibility".
70Conciliation counselling
In section 260(2)(a) of the Principal Act, for "custody of" substitute "parental responsibility for".
71Proceeding on application if party does not appear
In section 261(3) of the Principal Act, for "custody of" substitute "parental responsibility for".
72When Court may make order under this Part
In section 274(b) of the Principal Act, for "custody of" substitute "parental responsibility for".
73Lapsing of permanent care order
In section 324(1)(a) of the Principal Act, for "custody and guardianship of" substitute "parental responsibility for".
74Appeal to County Court or Supreme Court
(1)In section 328(1) of the Principal Act, for paragraphs (i) to (l) substitute—
"(i)an order varying or revoking—
(i)a family preservation order; or
(ii)a family reunification order; or
(iii)a permanent care order; or
(j)an order extending—
(i)a family preservation order; or
(ii)a family reunification order; or
(iii)a care by Secretary order; or
(k)an order revoking—
(i)a care by Secretary order; or
(ii)a long-term care order; or
(l)an order made under section 318 (breach of family preservation order); or".
(2)In section 328(2)(d) of the Principal Act, for "custody and guardianship" substitute "parental responsibility".
75Appeal to Supreme Court on a question of law
In section 329(2) of the Principal Act, for "custody and guardianship of" substitute "parental responsibility for".
76Interstate movement of children
(1)In section 335(1) of the Principal Act, for "guardianship" (where second occurring) substitute "parental responsibility".
(2)In section 335(2), (3) and (4) of the Principal Act, for "guardianship to Secretary order" substitute "care by Secretary order".
77Financial or other arrangements
In section 336(a) and (b) of the Principal Act, for "guardianship" substitute "parental responsibility".
78Transfer agreements
(1)In section 337(1) of the Principal Act, for "in the custody or under the" substitute "under the parental responsibility or".
(2)In section 337(2)(b) of the Principal Act, for "in the custody" substitute "under the parental responsibility".
79Time limits for filing a charge-sheet
In section 344A of the Principal Act—
(a)in subsection (4)(b), for "guardian of the child" substitute "person with parental responsibility for the child"; and
(b)in subsection (5)(b), for "guardian of the child" substitute "person with parental responsibility for the child"; and
(c)in subsection (7), for "guardian of the child" substitute "person with parental responsibility for the child".
80Child in custody to be brought before Court or bail justice
In section 346(7) of the Principal Act, for "guardian of the child" substitute "person with parental responsibility for the child".
81Offence to harbour or conceal child
In section 495 of the Principal Act omit ", a custody to third party order or a supervised custody order".
82Offence to counsel or induce child to be absent without lawful authority etc.
In section 496(1) of the Principal Act—
(a)in paragraph (a), omit ", a custody to third party order or a supervised custody order";
(b)in paragraph (c)—
(i)for "custody or guardianship" (where first occurring) substitute "parental responsibility";
(ii)for "custody or guardianship of" substitute "parental responsibility for".
83Offences in relation to community service etc.
In section 497(a) of the Principal Act omit ", a custody to third party order or a supervised custody order".
84Jurisdiction of Family Division
(1)In section 515(1)(c) of the Principal Act, for "custody of" substitute "parental responsibility for".
(2)In section 515(1) of the Principal Act, for paragraphs (j) to (m) substitute—
"(j)the variation or revocation of—
(i)a family preservation order; or
(ii)a family reunification order; or
(iii)a permanent care order; or
(k)the extension of—
(i)a family preservation order; or
(ii)a family reunification order; or
(iii)a care by Secretary order; or
(l)the revocation of—
(i)a care by Secretary order; or
(ii)a long-term care order; or
(m)an order in respect of a failure to comply with an interim accommodation order; or".
(3)In section 515(1)(n) of the Principal Act, for "joint custodian or guardian of a child" substitute "a person with joint parental responsibility for a child".
85Legal representation
In section 524(1)(d) of the Principal Act, for "custody and guardianship of" (where twice occurring) substitute "parental responsibility for".
86Proceedings in which child is required to be legally represented
(1)In section 525(1) of the Principal Act, for paragraphs (h) to (k) substitute—
"(h)application for the variation or revocation of—
(i)a temporary assessment order; or
(ii)a therapeutic treatment order; or
(iii)a therapeutic treatment (placement) order; or
(iv)a family preservation order; or
(v)family reunification order; or
(vi)a permanent care order;
(i)application in respect of a failure to comply with—
(i)an interim accommodation order; or
(ii)a family preservation order;
(j)application for the extension of—
(i)a family preservation order; or
(ii)a family reunification order; or
(iii)a care by Secretary order;
(k)application for the revocation of—
(i)a care by Secretary order; or
(ii)a long-term care order;".
(2)In section 525(1)(l) of the Principal Act, for "as joint custodian or guardian of a child" substitute "with joint parental responsibility for a child".
87Explanation of and reasons for orders
(1)In section 527(3)(e) of the Principal Act, for "custody and guardianship" substitute "parental responsibility".
(2)In section 527(4) of the Principal Act, for paragraphs (e) to (i) substitute—
"(e)an order varying or revoking a family preservation order;
(f)an order varying or revoking—
(i)a temporary assessment order; or
(ii)a therapeutic treatment order; or
(iii)a therapeutic treatment (placement) order;
(g)an order varying a family reunification order;
(h)an order extending—
(i)a family preservation order; or
(ii)a family reunification order; or
(iii)a care by Secretary order;
(i)an order revoking—
(i)a family reunification order; or
(ii)a care by Secretary order; or
(iii)a long-term care order;".
88Restriction on publication of proceedings
In section 534(3) of the Principal Act, for "custody to Secretary order, a guardianship to Secretary order or a long-term guardianship order" substitute "family reunification order, care by Secretary order or long-term care order".
89Disposition reports
For section 557(1) of the Principal Act substitute—
"(1)The Secretary must prepare and submit to the Family Division a disposition report if—
(a)the Court becomes satisfied that—
(i)a child is in need of protection; or
(ii)there is a substantial and presently irreconcilable difference between the person who has parental responsibility for a child and the child to such an extent that the care and control of the child are likely to be seriously disrupted; or
(iii)there has been a failure to comply with a family preservation order; or
(b)the Secretary applies for a permanent care order; or
(c)the Secretary applies, or is notified that a person has applied—
(i)for the variation or revocation of a family preservation order, a family reunification order or a permanent care order; or
(ii)for the extension of a family preservation order, a family reunification order or a care by Secretary order; or
(iii)for the revocation of a care by Secretary order or a long-term care order; or
(d)the Court orders the Secretary to do so.".
90Content of disposition report
(1)In section 558(a) of the Principal Act omit "draft".
(2)For section 558(b) and (c) of the Principal Act substitute—
"(b)recommendations, where appropriate, concerning the order which the Secretary believes the Court ought to make; and
(c)if the report recommends that the child be removed from the care of the child's parent, a statement setting out the steps taken by the Secretary to provide the services necessary to enable the child to remain in the care of the parent; and
(ca)the advice of the Secretary on the matters set out in section 276A, where they are applicable to the circumstances of the child; and".
91Powers of Secretary in relation to medical services and operations
(1)In section 597(1)(a) of the Principal Act, for "in the care or custody of the Secretary" substitute "for whom the Secretary has parental responsibility".
(2)For section 597(1)(a)(iii) of the Principal Act substitute—
"(iii)a care by Secretary order; or".
(3)For section 597(1)(a)(iv) of the Principal Act substitute—
"(iv)a long-term care order; or".
92Circumstances in which child may be placed in emergency care
In section 598(1)(b) of the Principal Act omit ", a custody to third party order or a supervised custody order".
93Regulations
In section 600(1) of the Principal Act—
(a)for paragraph (h)(i) substitute—
"(i)for the protection, care or accommodation of persons placed in the care of the Secretary or under the control or supervision of the Secretary or for whom the Secretary has parental responsibility; and";
(b)for paragraph (j) substitute—
"(j)the care, control and management of persons placed in out of home care services or for whom the Secretary has parental responsibility; and".
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PART 3—CASE PLANNING
94Definitions
In section 3(1) of the Principal Act the definition of stability plan is repealed.
95Case planning
In the heading to Division 1 of Part 4.3 of the Principal Act omit "and stability planning".
96What is a case plan?
For section 166(3) of the Principal Act substitute—
"(3)A case plan for a child includes—
(a)a permanency objective for a child as required by section 167; and
(b)in the case of an Aboriginal child in out of home care under an interim accommodation order, a protection order or a therapeutic treatment (placement) order, any planning for cultural support that is required for the child under section 176.".
97New sections 167, 168 and 169 substituted and sections 170 and 171 repealed
For sections 167, 168, 169, 170 and 171 of the Principal Act substitute—
"167 Permanency objective
(1)A case plan must include one of the following objectives (a permanency objective) to be considered in the following order of preference as determined to be appropriate in the best interests of the child—
(a)family preservation—the objective of ensuring a child who is in the care of a parent of the child remains in the care of a parent;
(b)family reunification—the objective of ensuring that a child who has been removed from the care of a parent of the child is returned to the care of a parent;
(c)adoption—the objective of placing the child for adoption under the Adoption Act 1984;
(d)permanent care—the objective of arranging a permanent placement of the child with a permanent carer or carers;
(e)long-term out of home care—the objective of placing the child in—
(i)a stable, long-term care arrangement with a specified carer or carers; or
(ii)if an arrangement under subparagraph (i) is not possible, another suitable long-term care arrangement.
(2)For the purposes of subsection (1)(c) to (e), it is to be preferred that a child is placed—
(a)with a suitable family member of the child or other person of significance to the child; or
(b)if a placement under paragraph (a) is not possible, with another suitable carer or carers.
(3)For the purposes of this section, a permanency objective of family reunification would be appropriate if the child has been in out of home care for less than 12 months and the safe reunification of the child with a parent is likely to be achieved.
(4)For the purposes of this section, a permanency objective set out in subsection (1)(c) to (e) would be appropriate if—
(a)the child has been in out of home care for 12 months and there is no real likelihood for the safe reunification of the child with a parent in the next 12 months; or
(b)except in exceptional circumstances, the child has been in out of home care for a total of 24 months.
168Preparation of case plan
(1)The Secretary must ensure that a case plan is prepared in respect of a child if a protective intervener is satisfied on reasonable grounds that the child is in need of protection.
(2)The Secretary must ensure that a copy of the case plan is given to the child and the child's parent—
(a)within 14 days of the preparation of the case plan; and
(b)within 8 weeks after the making by the Court of a protection order, if the case plan is prepared after the making of the order or is amended as a consequence of the making of the order; and
(c)within 8 weeks after the extension by the Court of a protection order, if the case plan is amended as a consequence of the extension of the order; and
(d)within 14 days after any other amendment to the case plan.
169Review of case plan
(1)A case plan must include a date for the review of the case plan not more than 12 months after the date that the case plan is made and, once reviewed, not more than 12 months after the date of the review.
(2)The Secretary must review a case plan—
(a)on or before the review date specified in the case plan; and
(b)after the making by the Court of a protection order, if the protection order made in respect of a child is different to the protection order anticipated by the case plan; and
(c)when a child has been living in out of home care for a cumulative period of 12 months, if—
(i)the child is the subject of an interim accommodation order or a protection order; and
(ii)the permanency objective for the child is family reunification; and
(d)from time to time as otherwise appears necessary.
(3)A review of a case plan must include a review of—
(a)the progress being made to achieve the permanency objective in the case plan; and
(b)in the case of an Aboriginal child in out of home care under an interim accommodation order, a protection order or therapeutic treatment (placement) order, the cultural support needs of the child.".
98New section 176 substituted
For section 176 of the Principal Act substitute—
"176 Cultural support for Aboriginal child
(1)The case plan for an Aboriginal child placed in out of home care must address the cultural support needs of the child.
(2)The Secretary must provide a cultural plan to each Aboriginal child in out of home care that is aligned with the case plan for the child.
(3)The case plan must reflect and be consistent with the child's cultural support needs, having regard to the child's circumstances, so as to—
(a)maintain and develop the child's Aboriginal identity; and
(b)encourage the child's connection to the child's Aboriginal community and culture.
(4)For the purposes of subsection (3), the child's cultural support needs may vary depending on—
(a)the length of time that the child has spent in out of home care; and
(b)the age of the child; and
(c)the length of time that the child is expected to remain in out of home care; and
(d)the extent of the child's contact with the child's Aboriginal family members; and
(e)whether the child is placed within the child's own Aboriginal community, another Aboriginal community or with non-Aboriginal carers.
(5)For the purposes of subsection (4), a child's Aboriginal community is—
(a)the Aboriginal community to which the child has a sense of belonging, if this can be ascertained by the Secretary; or
(b)if paragraph (a) does not apply, the Aboriginal community in which the child has primarily lived; or
(c)if paragraphs (a) and (b) do not apply, the Aboriginal community of the child's parent or grandparent.".
99Therapeutic treatment (placement) order
(1)In section 253(a) of the Principal Act, for "sole custody of" substitute "parental responsibility for".
(2)For section 253(b) of the Principal Act, substitute—
"(b)subject to paragraph (a), does not otherwise affect parental responsibility for the child; and".
(3)For section 253(c) of the Principal Act, substitute—
"(c)may include any conditions that the Court considers to be in the best interests of the child, including a condition concerning contact with a parent or other person.".
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PART 4—GROUP CONFERENCES
new provision means a provision of this Act as in force on or after the relevant commencement day;
old provision means a provision of this Act as in force before the relevant commencement day;
relevant commencement day means—
(a)in relation to Part 2 of this Schedule, the day on which the provisions of Part 2 of the amending Act come into operation; and
(b)in relation to Part 3 of this Schedule, the day on which the provisions of Part 3 of the amending Act come into operation; and
(c)in relation to Part 4 of this Schedule, the day on which the provisions of Part 5 of the amending Act come into operation.
2General transitional provisions
(1)This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2)If this Schedule provides that an old provision continues to apply to any matter or thing, then any regulation or other instrument having effect for the purposes of that provision also continues to apply to that matter or thing.
PART 2—PROTECTION ORDERS
3Protection orders—renaming
An order specified in column 1 of the Table that was in force immediately before the relevant commencement day under the old provisions is taken on and after the relevant commencement day to be the corresponding order specified in column 2 of the Table.
Column 1 Column 2 supervision order family preservation order supervised custody order family reunification order guardianship to Secretary order care by Secretary order long-term guardianship to Secretary order long-term care order 4Custody to Secretary orders
A custody to Secretary order in force immediately before the relevant commencement day is taken on and after the commencement day to be—
(a)in the case of a child who has been under a custody to Secretary order for less than 24 months at the relevant commencement day, a family reunification order; or
(b)in the case of a child who has been under a custody to Secretary order for 24 months or more at the relevant commencement day, a care by Secretary order and any conditions on that order lapse on that day.
5Custody to third party orders
A custody to third party order in force immediately before the relevant commencement day continues in force for all purposes until its expiry as if the amendments made by Part 2 of the amending Act had not been enacted.
6Interim protection orders
An interim protection order in force immediately before the relevant commencement day continues in force for all purposes until the hearing date specified in the notice as if the amendments made by Part 2 of the amending Act had not been enacted.
7References
On and after the relevant commencement day, in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind—
(a)a reference to a supervision order under the old provisions is taken to be a reference to a family preservation order; and
(b)a reference to a supervised custody order under the old provisions is taken to be a reference to a family preservation order; and
(c)a reference to a guardianship to Secretary order under the old provisions is taken to be a reference to a care by Secretary order; and
(d)a reference to a long-term guardianship to Secretary order under the old provisions is taken to be a reference to a long-term care order; and
(e)a reference to a custody to Secretary order under the old provisions is taken to be—
(i)if the reference relates to a child who has been under the order for less than 24 months at the relevant commencement day, a reference to a family reunification order; or
(ii)if the reference relates to a child who has been under the order for 24 months or more at the relevant commencement day, a reference to a care by Secretary order.
PART 3—CASE PLANNING
8Case plans
(1)Subject to subclause (2), a case plan existing under the old provisions immediately before the relevant commencement day continues to apply to a child despite the amendments made by Part 3 of the amending Act.
(2)The case plan must be reviewed under the new provisions on the date specified in the plan for review or 12 months after the relevant commencement day, whichever happens first.
PART 4—ABOLITION OF YOUTH RESIDENTIAL BOARD
9Abolition of Youth Residential Board
On the relevant commencement day, the Youth Residential Board is abolished and its members and alternate members go out of office.
10Saving of acts and decisions—general
Any act or decision of the Youth Residential Board is taken for all purposes in relation to any period on and after the relevant commencement day to be an act or decision of the Youth Parole Board.
11Parole
(1)Without limiting clause 9, an order made by the Youth Residential Board under section 454 of the old provisions and existing immediately before the relevant commencement day is taken on and after the relevant commencement day for all purposes to be an order of the Youth Parole Board under section 458 and the new provisions apply accordingly.
(2)A warrant signed by the secretary or a member of the Youth Residential Board under section 456(5)(a) and existing immediately before the relevant commencement day is taken on and after the relevant commencement day to be a warrant signed by the secretary of the Youth Parole Board under section 460(5)(a) to apprehend the person and return the person to a youth residential centre to serve the unexpired portion of the person's sentence of detention.
(3)Section 460 as in force on and after the relevant commencement day applies to any warrant issued under section 460 but not executed before that day.
12Saving of proceedings of Youth Residential Board
(1)The Youth Parole Board may continue and complete under the new provisions any proceedings before the Youth Residential Board under the old provisions that were not completed before the relevant commencement day.
(2)For the purposes of any proceedings referred to in subclause (1), the Youth Parole Board may have regard to any files, documents or findings of the Youth Residential Board in relation to those proceedings.
13Saving of evidentiary provision
Section 437 as in force immediately before the relevant commencement day continues in effect in relation to any order, document or certificate signed before that day despite the repeal of that section by Part 5 of the Amending Act.
14Saving of immunity provision
Section 440 as in force immediately before the relevant commencement day continues in effect in relation to anything done or omitted to be done before that day despite the repeal of that section by Part 5 of the Amending Act.
15Reports by Youth Parole Board
(1)The Youth Parole Board must in its first report under section 452(1) on or after the relevant commencement day include a report of the matters set out in 441(1) in relation to the Youth Residential Board in relation to the prescribed period, or part of that period, under section 441(1) up to the relevant commencement day.
(2)The Youth Parole Board may continue and complete under section 452(2), any report of the Youth Residential Board commenced but not completed under section 441(2) before the relevant commencement day.
(3)For the purposes of a report referred to in subclause (1) or (2), the Youth Parole Board may have regard to any files or documents of the Youth Residential Board.
PART 5—TRANSITIONAL REGULATIONS
16Transitional regulations
(1)The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the amendments made to this Act by the amending Act.
(2)Regulations made under this clause have effect despite anything to the contrary in any other Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(3)This section expires on 1 March 2017.".
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PART 9—AMENDMENT OF COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2012
155Definitions
In section 3 of the Commission for Children and Young People Act 2012 insert—
"community service has the same meaning as it has in the Children, Youth and Families Act 2005;".
156Vulnerable children and young persons
In section 5(g) of the Commission for Children and Young People Act 2012, for "custody or guardianship" substitute "care".
157Commission may conduct inquiry concerning provision of services
For section 39(2) of the Commission for Children and Young People Act 2012, substitute—
"(2)The inquiry must relate to—
(a)services provided, or omitted to be provided, by a community service, health service, human service or school; or
(b)child protection services or youth justice services provided, or omitted to be provided, by the Secretary—
to or in relation to—
(c)a vulnerable child or young person; or
(d)a group of vulnerable children or young persons; or
(e)a child, if those services deal with matters affecting his or her safety or wellbeing; or
(f)a group of children, if those services deal with matters affecting their safety or wellbeing; or
(g)a primary family carer, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of his or her child; or
(h)a group of primary family carers, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of those carers' children.".
158Section 48 substituted
For section 48 of the Commission for Children and Young People Act 2012 substitute—
"48 Commission must first give opportunity to respond to adverse comment or opinion
(1)Despite any other provision of this Part, the Commission must not give a report of an inquiry to a Minister or the Secretary if—
(a)the report includes any comment or opinion that is adverse to any person; and
(b)the Commission has not given the person an opportunity to comment on the adverse comment or opinion.
(2)Despite any other provision in this Part, the Commission must not give a report of an inquiry to a Minister or the Secretary if—
(a)the report includes any comment or opinion that is adverse to—
(i)a community service; or
(ii)a health service; or
(iii)a human service; or
(iv)a school; or
(v)child protection services or youth justice services provided, or omitted to be provided by the Secretary; and
(b)the Commission has not given the following an opportunity to comment on the adverse comment or opinion—
(i)the person in charge of the community service, health service or human service; or
(ii)the principal of the school; or
(iii)the Secretary, in relation to the child protection services or youth justice services.".
159Application of Division
In the Note at the foot of section 49 of the Commission for Children and Young People Act 2012, for "adverse material" substitute "any adverse comment or opinion".
160New section 73 inserted
After section 72 of the Commission for Children and Young People Act 2012 insert—
"73 Transitional provision—Tabling of reports of certain inquiries under Division 3
(1)Division 7 of Part 5 applies to the report of an inquiry under Division 3 of that Part as if it were a report of an inquiry under Division 4 of that Part if—
(a)the Commission had commenced the inquiry before the commencement day, other than on the recommendation of the Minister; and
(b)the inquiry is in relation to—
(i)services provided, or omitted to be provided, by a community service; or
(ii)child protection services or youth justice services provided, or omitted to be provided, by the Secretary; and
(c)the inquiry could have been undertaken under Division 4 of that Part if it had commenced after the commencement day.
(2)In this section—
commencement day means the day on which Part 9 of the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 comes into operation.".
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PART 10—AMENDMENT OF OTHER ACTS
Division 1—Adoption Act 1984
161Guardianship of child awaiting adoption
In section 46(3)(b) of the Adoption Act 1984, for "guardianship to Secretary order or long-term guardianship to Secretary order" substitute "care by Secretary order or long-term care order".
Division 2—Assisted Reproductive Treatment Act 2008
162Definitions
In section 3 of the Assisted Reproductive Treatment Act 2008, for paragraphs (a), (b) and (c) of the definition of child protection order substitute—
"(a)a family reunification order;
(b)a care by Secretary order;".
Division 3—Child Employment Act 2003
163Definitions
In section 3 of the Child Employment Act 2003, in the definition of guardian, for "who has been granted (whether alone or with another person or persons) guardianship of the child" substitute "on whom parental responsibility for the child has been conferred (whether alone or with another person or persons)".
Division 4—Children, Youth and Families Amendment Act 2014
164Sharing of information
In section 5 of the Children, Youth and Families Amendment Act 2014, for section 213Q(c)(ii) substitute—
"(ii)section 346 of the Mental Health Act 2014.".
Division 5—Coroners Act 2008
165Definitions
In section 3(1) of the Coroners Act 2008, in the definition of person placed in custody or care, for paragraph (a) substitute—
"(a)a person for whom the Secretary to the Department of Human Services has parental responsibility under the Children, Youth and Families Act 2005; or".
Division 6—Criminal Organisations Control and Other Acts Amendment Act 2014
166Repeal of section 132
Section 132 of the Criminal Organisations Control and Other Acts Amendment Act 2014 is repealed.
167Release on parole from youth justice centre
In section 133 of the Criminal Organisations Control and Other Acts Amendment Act 2014, in the inserted section 458(8), after "detained in" insert "a youth residential centre or".
Division 7—Limitation of Actions Act 1958
168Interpretation
In section 27A(1) of the Limitation of Actions Act 1958, in the definition of guardian, for "who is granted guardianship of the minor" substitute "on whom parental responsibility for the minor is conferred".
Division 8—Mental Health Act 2014
169References to orders
(1)In section 3(1) of the Mental Health Act 2014—
(a)the definitions of custody to Secretary order and guardianship to Secretary order are repealed;
(b)insert the following definitions—
"care by Secretary order has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005;
family reunification order has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005;".
(2)In sections 17(e), 32(2)(a), 35(4)(a), 37(3)(c), 40(1)(e), 41(3)(d), 43(b), 46(2)(a), 48(2)(g), 50(2)(b), 55(2)(g), 59(d), 60(2)(d), 63(b), 64(3)(g), 64(5)(b), 65(4)(g), 65(5)(d), 66(2)(d), 71(4)(g), 76(2)(f), 79(2)(d), 82(d), 84(2)(h), 88(3)(g), 88(6)(h), 94(3)(g), 96(4)(g), 107(e), 129(2)(f), 189(1)(i), 271(e), 272(2)(d), 277(e), 278(2)(d), 281(4)(g), 283(2)(b), 285(1)(f), 287(a), 290(2)(b), 291(2)(g), 293(1)(b), 294(2)(d), 297(3)(b), 306(3)(e), 307(3)(g), 309(1)(b), 310(2)(d), 321(3)(g), 323(3)(g), 346(2)(k), 352(3)(e) of the Mental Health Act 2014, for "custody to Secretary order" substitute "family reunification order".
(3)In sections 17(e), 32(2)(a), 35(4)(a), 37(3)(c), 40(1)(e), 41(3)(d), 43(b), 46(2)(a), 48(2)(g), 50(2)(b), 55(2)(g), 59(d), 60(2)(d), 63(b), 64(3)(g), 64(5)(b), 65(4)(g), 65(5)(d), 66(2)(d), 71(4)(g), 76(2)(f), 79(2)(d), 82(d), 84(2)(h), 88(3)(g), 88(6)(h), 94(3)(g), 96(4)(g), 107(e), 129(2)(f), 189(1)(i), 271(e), 272(2)(d), 277(e), 278(2)(d), 281(4)(g), 283(2)(b), 285(1)(f), 287(a), 290(2)(b), 291(2)(g), 293(1)(b), 294(2)(d), 297(3)(b), 306(3)(e), 307(3)(g), 309(1)(b), 310(2)(d), 321(3)(g), 323(3)(g), 346(2)(k), 352(3)(e) of the Mental Health Act 2014, for "guardianship to Secretary order" substitute "care by Secretary order".
Division 9—Sentencing Act 1991
170Definitions
(1)In section 3(1) of the Sentencing Act 1991, the definition of Youth Parole Board is repealed.
(2)In section 48B of the Sentencing Act 1991, for the definition of child protection order substitute—
"child protection order means any of the following orders under the Children, Youth and Families Act 2005—
(a)an interim accommodation order;
(b)a family preservation order;".
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PART 11—FURTHER AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005
171Definitions
In section 3(1) of the Principal Act, insert the following definition—
"major long-term issue , in relation to a child, means an issue about the care, wellbeing and development of the child that is of a long-term nature and includes an issue of that nature about—
(a)the child's education (both current or future); and
(b)the child's religious and cultural upbringing; and
(c)the child's health; and
(d)the child's name.".
172New sections 175A and 175B inserted
After section 175 of the Principal Act insert—
"175A Secretary may specify certain issues
(1)The Secretary may specify issues relating to a child in out of home care about which a person who has care of the child may be authorised to make decisions.
Example
The Secretary may specify issues including but not limited to—
·the signing of school consent forms; or
·obtaining routine medical care for the child; or
·the day to day treatment of a child who suffers from a chronic or serious health condition.
(2)The Secretary must not specify an issue under subsection (1) that is a major long-term issue in relation to a child who is subject to an interim accommodation order, interim protection order, supervised custody order or custody to Secretary order.
(3)The issues specified by the Secretary under this section may be specified in relation to—
(a)a particular child; or
(b)a child subject to a particular type of order; or
(c)a person who provides a certain category of care under this Act.
175BAuthorisation of carer to make certain decisions
(1)This section applies if a child is placed in out of home care in accordance with—
(a)an interim accommodation order; or
(b)a protection order.
(2)The Secretary or the person in charge of an out of home care service may authorise a person who has care of the child to make decisions in relation to the child on the issues specified by the Secretary under section 175A.
(3)A person who is authorised under subsection (2) may make a decision in relation to the child on a specified issue, when the child is under that person's care, without consulting the Secretary about that issue.".
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PART 12—REPEAL OF AMENDING ACT
173Repeal of amending Act
This Act is repealed on 1 March 2017.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 7 August 2014
Legislative Council: 21 August 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005 and to amend the Commission for Children and Young People Act 2012 and to make consequential amendments to other Acts and for other purposes."
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