Children’s Services (Miscellaneous Amendments) Act 1986 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Children’s Services (Miscellaneous Amendments) Ordinance 1986

No. 14 of 1986

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 29 May 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

G. SCHOLES

Minister of State for Territories

An Ordinance to amend certain Ordinances in consequence of the making of the Children’s Services Ordinance 1986, and for other purposes

Short title

1.  This Ordinance may be cited as the Children’s Services (Miscellaneous Amendments) Ordinance 1986.¹

Commencement

2.  This Ordinance shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette.

Amendment of Crimes Act 1900

3. Section 429 of the Crimes Act, 1900 of the State of New South Wales in its application to the Territory is repealed.

Amendment of Evidence Ordinance 1971

4.  Section 66 of the Evidence Ordinance 1971 is amended by omitting paragraph (3) (b) and substituting the following paragraph:

“(b)with an offence against section 133, 134, 135, 139 or 140 of the Children’s Services Ordinance 1986,”.

Amendment of Hawkers Ordinance 1936

5.  Section 5 of the Hawkers Ordinance 1936 is amended by omitting from sub-section (2) “by boys in accordance with Part XIA of the Child Welfare Ordinance 1957-1962” and substituting “by a child in accordance with Part VIII of the Children’s Services Ordinance 1986”.

Amendment of Education Ordinance 1937

6.  (1)  Section 5 of the Education Ordinance 1937 is amended by omitting “Child Welfare Ordinance 1957” from the definition of “the Court” and substituting “Children’s Services Ordinance 1986”.

(2)  Section 18 of the Education Ordinance 1937 is amended—

(a)by omitting sub-section (7) and substituting the following sub-section:

“(7) Where in pursuance of this section, the Court orders a child to be detained in an institution, the Court may commit the child to an institution or a State institution until the child reaches the school leaving age.”; and

(b)by omitting sub-section (10) and substituting the following sub-section:

“(10) In this section, ‘institution’ and ‘State institution’ each have the same respective meanings as in the Children’s Services Ordinance1986.”.

Amendment of Magistrates Court (Civil Jurisdiction) Ordinance 1982

7.  Section 4 of the Magistrates Court (Civil Jurisdiction) Ordinance 1982 is amended by omitting paragraph (b).

Amendment of Maintenance Ordinance 1968

8.  Section 23 of the Maintenance Ordinance 1968 is amended by omitting paragraph (2) (b) and substituting the following paragraph:

“(b)if the child is a ward of the Director of Welfare under the Children’s Services Ordinance 1986;”.

Amendments of Remand Centres Ordinance 1976

9.  (1)  Section 3 of the Remand Centres Ordinance 1976  is amended—

(a)by omitting the definition of “juvenile”; and

(b)by omitting the definition of “shelter” and substituting the following definition:

“ ‘shelter’ has the same meaning as in the Children’s Services Ordinance 1986;”.

(2)  Section 15 of the Remand Centres Ordinance 1976 is amended by omitting paragraph (1) (f) and substituting the following paragraph:

“(f)a person who is required under the Children’s Services Ordinance 1986 to be detained in a remand centre;”.

Amendment of Seat of Government (Administration) Ordinance 1930

10.  Part I of the Second Schedule to the Seat of Government (Administration) Ordinance 1930 is amended by omitting—

“Child Welfare Ordinance 1957, Part III”,

and substituting—

“Children’s Services Ordinance 1986, Parts III and X”.

Amendment of Testamentary Guardianship Ordinance 1984

11.  Section 2 of the Testamentary Guardianship Ordinance 1984 is amended—

(a)by inserting in sub-section (3) “the Director of Welfare or to” before “a Minister of State”; and

(b)by adding at the end the following sub-section:

“(5)  In this section, ‘Director of Welfare’ has the same meaning as in the Children’s Services Ordinance 1986.”.

Amendment of Remand Centres Regulations

12.  (1)  Regulation 2 of the Remand Centres Regulations is amended by omitting the definition of “Director” and substituting the following definition:

“ ‘Director’ has the same meaning as in the Children’s Services Ordinance 1986;”.

(2)  Regulations 10 of the Remand Centres Regulations is amended by omitting from sub-regulation (6) “juvenile detainees” and substituting “detainees under the age of 18 years”.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 4 June 1986.