Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (ACT)
Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
A2023-45
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 3
4 Legislation repealed 3
Part 2Children and Young People Act 2008
5 Director-general’s functionsNew section 22 (1) (ea) and (eb) 4
6 New section 22 (1) (ga) to (gc) 4
7 Definitions—pt 5.2Section 114, definition of young offender, paragraph (b) 5
8 New section 114 (2) 5
9 Age—care and protection chapters stop applying if person discovered to be adultSection 339 (4) (b) 5
10 Care and protection chapters stop applying when young person becomes adultSection 340 (3) 6
11 When are children and young people in need of emergency therapeutic protection?Section 404 6
12 New chapter 14A 6
13 Pt 15.3 applies to care and protection chaptersSection 506 (2) and note 20
14 Chapter 16 21
15 Police assistanceSection 679 (1) (i) and (j) and notes 66
16 Safe custody warrant—criteriaSection 686 (1) (a) (vi) and (vii) and notes 66
17 Section 686 (2) 66
18 Orders—statement of reasonsSection 722 (1) (b) and note 67
19 Section 841 67
20 What is sensitive information? Section 845 (1), definition of sensitive information, new paragraph (ba) 68
21 Section 845 (2)New definition of intensive therapy information 68
22 Who is an information sharing entity?New section 859 (1) (ha) 68
23 Care teams—sharing safety and wellbeing informationSection 863 (1), example 9 69
24 New section 871A 69
25 Protection of people giving certain informationNew section 874 (2) (ma) 70
26 Standard-making powerSection 887 (2) (e) and note 70
27 Dictionary, definition of accredited person, paragraph (b) 70
28 Dictionary, definition of body search 71
29 Dictionary, definition of frisk search 71
30 Dictionary, new definition of in intensive therapy 71
31 Dictionary, definition of initial review 71
32 Dictionary, definition of in need of emergency therapeutic protection 71
33 Dictionary, new definitions 71
34 Dictionary, definitions of interim therapeutic protection order and in therapeutic protection 72
35 Dictionary, definition of mental illness 72
36 Dictionary, definition of non-treating doctor etc 72
37 Dictionary, definition of owner, paragraph (b) 73
38 Dictionary, new definitions 73
39 Dictionary, definition of risk assessment etc 73
40 Dictionary 74
41 Dictionary, new definitions 74
Part 3Crimes Act 1900
42 Rules for conduct of strip searchSection 228 (1) (e) 75
43 Section 228 (1) (f) 75
44 Identification parades for suspects under 18 etcSection 234 (1) 75
45 Section 234 (3) (a) 75
46 Subdivision 10.7.1 heading 76
47 Section 252A heading 76
48 Section 252A (1) 76
49 Section 252B heading 76
50 Section 252B (1) 76
51 Section 252C heading 77
52 Section 252C (1) 77
53 Section 252J heading 77
54 Section 252J 77
55 Section 252K heading 77
56 Section 252K 77
57 New section 442A 78
58 Record of youth offence particulars not to be disclosed in court proceedingsSection 442A (2) 79
59 New part 33 80
60 New part 34 85
61 Dictionary, new definition of under the age of criminal responsibility 90
Part 4Crimes (Restorative Justice) Act 2004
62 Objects of ActSection 6 (e), except note 91
63 Section 6, new note 91
64 Application of restorative justiceSection 7 (1), note 91
65 Definitions—child victim, parent and victimSection 11, definition of victim, paragraph (a) 92
66 Definitions—offences and offendersSection 12, new definition of child offender 92
67 Section 12, definition of young offender 92
68 New section 12 (2) 92
69 Application of Act—less serious offencesSection 14 93
70 Sections 15 and 16 93
71 Eligible offendersSection 19 (1) (b) 95
72 Accepting or not denying responsibility for offencesSection 20 (1) 95
73 Section 20 (2) 95
74 Section 20 (2) 96
75 Section 20, notes 1 and 2 96
76 Referring entitiesSection 22 (1) 96
77 Section 22 (2), new definition of therapeutic support panel 97
78 Table 22, column 3 heading 97
79 Table 22, item 6 97
80 Suitability—general considerationsSection 33 (1) (c) 97
81 Dictionary, new definition of child offender 98
Part 5Crimes (Sentencing) Act 2005
82 Imposition of penaltiesSection 9 (2), note 1, new dot point 99
83 Application—pt 3.4New section 22 (d) 99
84 Non-association and place restriction orders—maximum periodSection 24 (1) (a) (i) 99
85 Core conditionsSection 80Y (3), definition of positive 99
86 Treatment program conditionsNew section 80Z (3) 99
87 Young offenders—notice of orders to parent etcNew section 133J (1) (l) to (n) 100
88 New part 8A.2A 100
89 Dictionary, definition of assessor, new paragraph (d) 118
90 Dictionary, definition of core conditions 118
91 Dictionary, definition of sentencing court 119
92 Dictionary, new definitions 119
Part 6Criminal Code 2002
93 Sections 25 and 26 120
94 Sections 25 and 26 120
95 IncitementNew section 47 (5) (c) 121
96 New section 47 (8) 121
97 Recruiting people to engage in criminal activityNew section 655 (2A) 122
98 New section 801 122
99 New schedule 1 123
Part 7Family Violence Act 2016
100 Who may apply for protection order?Section 16 (1), note 2 124
101 Section 16 (1), note 2 124
102 Section 75 124
103 Section 75 124
104 Representation—party with impaired decision-making abilitySection 76 (3), note 125
105 Section 76 (3), note 125
106 Police officer may apply for after-hours orderSection 99, note 125
107 Section 99, note 125
108 New part 23 126
109 New part 24 131
Part 8Personal Violence Act 2016
110 Who may apply for personal protection orders?Section 12 (1), note 136
111 Section 12 (1), note 136
112 Section 69 136
113 Section 69 136
114 Representation—party with impaired decision-making abilitySection 70 (3), note 137
115 Section 70 (3), note 137
116 Recognised orders—registrationSection 92 (1) 137
117 Section 92 (1) 137
118 Registered orders—revocationSection 95 (1) 138
119 Section 95 (1) 138
120 New part 23 139
121 New part 24 144
Part 9Spent Convictions Act 2000
122 Overview of ActSection 3 (3) (b) 149
123 Meaning of extinguished convictionSection 7A (1) 149
124 Which convictions can become spent?Section 11 (2) (a) 149
125 Section 11 (2) (a) 150
126 Meaning of youth sexual offence conviction—pt 2Section 14A, definition of youth sexual offence conviction, paragraph (a) 150
127 Section 14A, definition of youth sexual offence conviction, paragraph (a) 150
128 New part 3AA 151
129 Sections 19GA and 19GB 151
130 Consequences of conviction becoming extinguishedNew section 19H (1A) 152
131 New section 19H (3) 153
132 Dictionary, new definition of youth offence conviction 153
Part 10Victims of Crime Act 1994
133 Long title 154
134 Objects of ActSection 3AA (b) and (c) 154
135 Who is a victim?Section 6 (1) 154
136 New section 14AA 154
137 Victims may request referral of offences to restorative justiceNew section 15B (1A) 155
138 Section 15B (2), new definition of under the age of criminal responsibility 155
139 New division 3A.3A 155
140 Definitions—div 3A.3ASection 15CA (1), definition of child 161
141 Section 15CB 161
142 Victims services scheme—eligibilitySection 20 162
143 Dictionary, new definitions 162
144 Dictionary, definition of victim 162
Part 11Victims of Crime (Financial Assistance) Act 2016
145 Meaning of homicideNew section 10 (2) 163
146 Application to commissionerNew section 31 (2A) 163
147 Section 31 (5), new definition of under the age of criminal responsibility 163
Schedule 1 Consequential amendments 164
Part 1.1 Children and Young People Act 2008 164
Part 1.2 Children and Young People Regulation 2009 169
Part 1.3 Crimes (Sentencing) Act 2005 169
Part 1.4 Criminal Code 2002 169
Part 1.5 Food Act 2001 170
Part 1.6 Human Rights Commission Act 2005 170
Part 1.7 Juries Regulation 2018 171
Part 1.8 Mental Health Act 2015 171
Part 1.9 Working with Vulnerable People (Background Checking) Act 2011 173
Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
A2023-45
An Act to amend legislation about the age of criminal responsibility, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023.
Commencement
(1)This Act (other than the provisions mentioned in subsections (2) and (3)) commences on the 7th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Parts 2, 4, 10 (other than sections 140 and 141) and schedule 1 commence on—
(a)27 March 2024; or
(b)if, before 27 March 2024, the Minister fixes another day by written notice—the day fixed.
NoteA single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
(3)The following provisions commence on 1 July 2025:
· section 58
· section 60
· section 94
· section 99
· section 101
· section 103
· section 105
· section 107
· section 109
· section 111
· section 113
· section 115
· section 117
· section 119
· section 121
· section 125
· section 127
· section 129
· section 140
· section 141.
Legislation amended
This Act amends the legislation mentioned in parts 2 to 11 and schedule 1.
Legislation repealed
The Crimes (Restorative Justice) Phase 3 Declaration 2018 (NI2018‑601) is repealed.
Part 2Children and Young People Act 2008
Director-general’s functions
New section 22 (1) (ea) and (eb)insert
(ea)providing, or assisting in providing, services for the safety and wellbeing of children and young people;
(eb)providing, or assisting in providing, services for the safety and wellbeing of children and young people who carry out, or are at risk of carrying out, harmful conduct;
New section 22 (1) (ga) to (gc)
insert
(ga)providing, or assisting in providing, services for—
(i)children and young people being dealt with by a police officer or held in police custody, whether or not charges can be or have been laid against them; and
(ii)young people being dealt with under the criminal law system;
(gb)providing, or assisting in providing, services for—
(i)adults under 21 years old (young adults) being dealt with by a police officer or held in police custody for an offence committed or allegedly committed by them when under 18 years old (a youth offence), whether or not charges can be or have been laid against them for the youth offence; and
(ii)young adults being dealt with under the criminal law system for youth offences;
(gc)providing, or assisting in providing—
(i)supervision or reasonable direction of a person who is required, under a condition of the person’s bail, to accept supervision or reasonable direction by the director‑general; or
(ii)support or assistance that the director-general is required to provide in relation to a condition of a person’s bail;
Definitions—pt 5.2
Section 114, definition of young offender, paragraph (b)substitute
(b)was under 18 years old when the offence was committed but not under the age of criminal responsibility for the offence; and
New section 114 (2)
insert
(2)In this section:
under the age of criminal responsibility—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code, section 25 for the offence.
Age—care and protection chapters stop applying if person discovered to be adult
Section 339 (4) (b)substitute
(b)is being confined at an intensive therapy place under an intensive therapy order—the person must be released.
Care and protection chapters stop applying when young person becomes adult
Section 340 (3)substitute
(3)A young person confined at an intensive therapy place under an intensive therapy order must be released immediately the young person becomes an adult.
When are children and young people in need of emergency therapeutic protection?
Section 404omit
New chapter 14A
insert
Chapter 14A Care and protection—therapeutic support panel for children and young people
Part 14A.1Preliminary
501ADefinitions—ch 14A
(1)In this chapter:
referral, of a child or young person by a referring entity, means a request for the therapeutic support panel to evaluate the therapeutic needs of the child or young person.
referring entity, for referrals of a child or young person, means any of the following:
(a)the chief police officer;
(b)a territory entity;
(c)an ACT education provider;
(d)a health facility;
(e)a health practitioner;
(f)a judge or magistrate;
(g)an ACAT member;
(h)a registrar or deputy registrar of the Supreme Court, the Magistrates Court, the Childrens Court or the ACAT;
(i)the Chief Executive Officer of ACT Courts and Tribunals;
(j)the human rights commission;
(k)the public advocate;
(l)the legal aid commission;
(m)a person who has daily care responsibility or long-term care responsibility for the child or young person;
(n)an entity prescribed by regulation.
(2)In this section:
ACAT member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary, definition of tribunal member.
ACT education provider—see section 25 (3).
Chief Executive Officer of ACT Courts and Tribunals—see the Court Procedures Act 2004, section 11A (1).
territory entity—see section 25 (3).
Part 14A.2Therapeutic Support Panel for Children and Young People
501BEstablishment of panel
The Therapeutic Support Panel for Children and Young People is established.
501CFunctions of panel
(1)The therapeutic support panel has the following functions:
(a)receiving referrals of children and young people from a referring entity;
(b)assessing the therapeutic needs of referred children and young people;
(c)giving advice on appropriate therapeutic treatment and support for referred children and young people;
(d)coordinating therapeutic services for referred children and young people;
(e)recommending whether applications for an intensive therapy order should be made;
(f)assisting to develop therapy plans for referred children and young people;
(g)providing advice and assistance to the director-general in relation to—
(i)family group conference agreements; and
(ii)access to services for the care and support of children and young people; and
(iii)therapy transition plans; and
(iv)any other matter the panel considers necessary or appropriate;
(h)any other function—
(i)given to the panel under this Act or another territory law; or
(ii)prescribed by regulation.
NoteA provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196).
(2)The panel is not subject to direction from anyone in relation to the exercise of its functions.
(3)However, the panel must comply with any guidelines made by the Minister under subsection (4).
(4)The Minister may, after consulting the chair of the panel, make guidelines about the principles and procedures to be followed by the panel when exercising its functions.
(5)A guideline is a notifiable instrument.
501DPanel members
The therapeutic support panel is made up of—
(a)the chair appointed under section 501F; and
(b)the other members appointed under section 501E.
501EAppointment of panel members
(1)The Minister must appoint at least 10, but not more than 12, members to the therapeutic support panel.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)The Minister may appoint a person as a member of the panel only if satisfied that the person—
(a)has qualifications, experience or expertise in 1 or more of the following:
(i)psychology;
(ii)paediatrics;
(iii)criminology;
(iv)education;
(v)working with Aboriginal and Torres Strait Islander children and young people;
(vi)working with culturally and linguistically diverse children and young people;
(vii)social work;
(viii)mental health;
(ix)child protection;
(x)disability; or
(b)has other qualifications, experience or expertise, or membership of an organisation, relevant to exercising the functions of a panel member; or
(c)is a police officer nominated by the chief police officer as an officer experienced in working with children and young people and families.
(3)The Minister must ensure that the panel membership represents a diversity of experience and expertise from the different areas mentioned in subsection (2).
(4)The Minister must appoint—
(a)at least 1 person to the panel to represent Aboriginal and Torres Strait Islander people; and
(b)at least 1 person to the panel who is an Aboriginal or Torres Strait Islander person.
(5)The Minister must not appoint someone to the panel unless satisfied that the person is suitable to be a member of the panel.
(6)In considering whether someone is suitable to be a member of the panel, the Minister—
(a)must consider relevant information of the kind mentioned in section 65 (1), definition of suitability information, paragraphs (a), (b) and (c) about the person; and
(b)may consider other suitability information about the person.
(7)The appointment of a member is for not longer than 4 years.
(8)The conditions of appointment of a member are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995.
501FAppointment of chair of panel
(1)The Minister must appoint a chair of the therapeutic support panel.
(2)The appointment of the chair is in addition to the appointments made under section 501E.
(3)The Minister must not appoint someone unless satisfied that the person—
(a)has the expertise or experience to be the chair of the panel; and
(b)is otherwise suitable to be the chair.
(4)In considering whether someone is suitable to be a chair of the panel, the Minister—
(a)must consider relevant information of the kind mentioned in section 65 (1), definition of suitability information, paragraphs (a), (b) and (c) about the person; and
(b)may consider other suitability information about the person.
(5)The appointment of the chair is for not longer than 5 years.
(6)The conditions of appointment of the chair are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995.
501GFunctions of chair of panel
(1)The chair of the therapeutic support panel has the following functions:
(a)managing the matters before the panel;
(b)presiding at meetings of the panel;
(c)preparing therapy plans;
(d)informing the director-general about the operation of the panel;
(e)informing a territory entity about systemic issues that affect children and young people the subject of referrals.
(2)The chair of the panel must decide which members of the panel, based on expertise or experience, are required to deal with a matter that comes before the panel.
(3)In this section:
territory entity—see section 25 (3).
501HAppointment of deputy chair of panel
The Minister must appoint a deputy chair of the therapeutic support panel from the members appointed under section 501E.
501IFunctions of deputy chair of panel
If the chair of the therapeutic support panel is absent or cannot for any reason exercise the functions of the chair, the deputy chair of the panel must act as the chair.
501JConduct of panel meetings
(1)The therapeutic support panel may conduct its meetings as it considers appropriate.
(2)A meeting may be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear what each other member taking part says without the members being in each other’s presence.
Examples
a phone link, a satellite link, an internet or intranet link
(3)A member who takes part in a meeting conducted under subsection (2) is taken to be present at the meeting.
(4)The panel must keep a record of its meetings.
501KConflict of interest
A member of the therapeutic support panel must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the panel’s functions.
501LEnding member appointments
The Minister may end the appointment of the chair, deputy chair or another member of the therapeutic support panel appointed under section 501E—
(a)for misbehaviour; or
(b)if the member is convicted, or found guilty, in Australia of an indictable offence; or
(c)if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be an indictable offence; or
(d)if the member is absent, otherwise than on approved leave, from 3 consecutive meetings of the panel about a matter required to be dealt with by the member; or
(e)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
501MAppointment of advisers
(1)The Minister may, on the request of the therapeutic support panel, appoint a person as an adviser to the panel.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)However, the Minister must not appoint someone unless satisfied that the person has the experience or expertise to exercise the functions of an adviser.
(3)An appointment may be subject to conditions stated in the appointment.
(4)An adviser must, on request of the therapeutic support panel, provide advice to the panel in relation to the panel’s functions and otherwise in accordance with any conditions of appointment.
(5)The Minister may end the appointment of an adviser if the adviser breaches a condition of appointment.
501NDirector‑general to give support to panel
The director‑general must provide administrative support and facilities for the therapeutic support panel.
501OArrangements for panel staff and facilities
The therapeutic support panel may arrange with the head of service to use—
(a)the services of a public servant; or
(b)territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
501PPower to obtain information from information sharing entity
(1)The chair of the therapeutic support panel may, for the purpose of preparing a therapy plan for a child or young person, by written notice request an information sharing entity to give the chair safety and wellbeing information, produce a document or something else (the requested information) about the child or young person.
(2)An information sharing entity that receives a request under subsection (1) must not fail to comply with the request unless the entity does not have the requested information, or has a reasonable excuse for failing to comply.
Example—reasonable excuse for failing to comply with request
1 risk of compromising a criminal investigation
2 risk to the safety or wellbeing of a person
3 protecting the identity of a person disclosing confidential information
(3)On receipt of a request under subsection (1) an information sharing entity must promptly—
(a)comply with the request; or
(b)tell the chair, in writing, the reason for failing to comply with the request.
(4) In this section:
information means information in any form.
Examples
1 a written document
2 an electronic record
information sharing entity means an entity—
(a)mentioned in section 859 (1); or
(b)prescribed by regulation.
safety and wellbeing information, in relation to a child or young person, means information that is relevant to the health, safety or wellbeing of the child or young person.
Part 14A.3Referrals to therapeutic support panel
501QReferrals to therapeutic support panel
(1)A referring entity may make a referral to the therapeutic support panel if the entity believes on reasonable grounds that a child or young person—
(a)has a genuine need for therapeutic support services; and
(b)is at risk of engaging in or has engaged in—
(i)harm to themselves or someone else; or
(ii)serious damage to property or the environment or cruelty to an animal; or
(iii)any other serious or destructive behaviour.
(2)A referral must—
(a)be in writing; and
(b)include—
(i)the name and contact details of the person making the referral on behalf of the referring entity; and
(ii)the name and address of the referring entity; and
(iii)the name and whereabouts (if known) of the child or young person the subject of the referral; and
(iv)any other particulars prescribed by regulation; and
(c)be given to the parent or person with daily care responsibility for the child or young person, but only if practicable and in the best interests of the child or young person; and
(d)comply with any other requirements prescribed by regulation.
(3)However, a referral may be made orally if the chair of the panel is satisfied on reasonable grounds that exceptional circumstances justify action without a written referral.
Examples—exceptional circumstances
1 Waiting until the referral is put in writing would make action in response to the referral impossible or impractical.
2 Waiting until the referral is put in writing poses a risk to the life or health of a child or young person.
(4)If a referral is made orally under subsection (3), the chair of the panel must make a written record of the referral as soon as practicable.
501RPanel to act on referrals
(1)This section applies if the therapeutic support panel receives a referral.
(2)The chair of the panel—
(a)must consider the referral promptly; and
(b)must carry out an initial assessment of the matters raised in the referral to decide whether the child or young person may be in need of intensive therapy; and
(c)must take all reasonable steps to consult the child or young person, and any parent or person with daily care responsibility for the child or young person; and
(d)must take into account the views of a person consulted under paragraph (c) unless it is not in the best interests of the child or young person; and
(e)may take the action that the chair considers appropriate in relation to the initial assessment or take no action.
(3)The chair of the panel may, at any stage after receiving a referral—
(a)take reasonable steps to obtain further information about the matters raised in the referral including seeking information from an information sharing entity; and
Example—reasonable steps
a home visit to interview family members
(b)ask a territory entity or an ACT education provider to provide assistance, facilities or services relevant to the physical or emotional wellbeing of the child or young person.
(4)A territory entity or a government school or school-related institution that receives a request under subsection (3) (b) must—
(a)comply with the request promptly; and
(b)take reasonable steps to prioritise services needed to support the physical or emotional wellbeing of the child or young person.
(5)In this section:
ACT education provider—see section 25 (3).
information sharing entity means an entity—
(a)mentioned in section 859 (1); or
(b)prescribed by regulation.
territory entity—see section 25 (3).
501SPanel must take into account harm statement
(1)The therapeutic support panel must take into account a harm statement about the behaviour of a child or young person the subject of a referral if the statement is available to the panel.
(2)In this section:
harm statement—see the Victims of Crimes Act 1994, section 15CA (1).
Part 14A.4Reporting by therapeutic support panel
501TReport to Minister
(1)The therapeutic support panel may at any time, but must at least once each calendar year, prepare a report for the Minister on any matter arising in connection with the exercise of the panel’s functions.
(2)The panel must give the report to the Minister and may also give the report to any other Minister who is responsible for a matter dealt with in the report.
(3)The panel must not include in the report any information that would—
(a)disclose the identity of a child or young person; or
(b)allow the identity of a child or young person to be worked out.
(4)The Minister must present the report to the Legislative Assembly within 6 sitting days after the report is given to the Minister.
(5)Each Minister who receives a report under subsection (2) must, within 3 months after receiving it, give information to the therapeutic support panel about any action the Minister has taken, or will take, in relation to the matters raised in the report.
Pt 15.3 applies to care and protection chapters
Section 506 (2) and notesubstitute
(2)However, this part does not apply if daily care responsibility for a child or young person is transferred to the director‑general—
(a)under an intensive therapy order or an interim intensive therapy order; or
(b)because the child or young person has been confined at an intensive therapy place under section 531 (c) (Confinement only under intensive therapy order.
NoteIntensive therapy orders are dealt with in pt 16.2. Interim intensive therapy orders are dealt with in div 16.2.3.
Chapter 16
substitute
Chapter 16Care and protection—intensive therapy for children and young people
Part 16.1Preliminary
Definitions—Act and ch 16
(1)In this Act:
harmful conduct, engaged in by a child or young person—see section 533.
intensive therapy history, for a child or young person—see section 537.
intensive therapy order, for a child or young person—see section 532.
intensive therapy place—see section 535.
interim intensive therapy order, for a child or young person—see section 543.
mental disorder—see the Mental Health Act 2015, section 9.
Note The Mental Health Act 2015, s 9 defines mental disorder as a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion, other than a mental illness.
mental illness—see the Mental Health Act 2015, section 10.
NoteThe Mental Health Act 2015, s 10 defines mental illness as a condition that seriously impairs (either temporarily or permanently) the mental functioning of a person in 1 or more areas of thought, mood, volition, perception, orientation or memory, and is characterised by—
(a)the presence of at least 1 of the following symptoms:
(i)delusions;
(ii)hallucinations;
(iii)serious disorders of streams of thought;
(iv)serious disorders of thought form;
(v)serious disturbance of mood; or
(b)sustained or repeated irrational behaviour that may be taken to indicate the presence of at least 1 of the symptoms mentioned in par (a).
(2)In this chapter:
intensive therapy person means—
(a)for an intensive therapy place for which the director‑general is the operating entity—an authorised person to whom the director‑general has delegated functions of an intensive therapy person under this chapter; and
(b)for any other intensive therapy place—a person that the operating entity has authorised to exercise the functions of an intensive therapy person under this chapter for the intensive therapy place.
intensive therapy register—see section 596 (1).
therapy transition plan—see section 538.
risk assessment, for a child or young person—see section 534 (1).
therapy plan, for a child or young person for whom the director‑general has applied for an intensive therapy order—see section 536.
Confinement only under intensive therapy order
The director‑general may confine a child or young person at an intensive therapy place only—
(a)under an intensive therapy order; or
(b)under an interim intensive therapy order.
Part 16.2Intensive therapy orders
NoteLegal representation of young people is dealt with in the Court Procedures Act 2004, pt 7A (Procedural provisions—proceedings involving children or young people).
Division 16.2.1 Definitions—Act and ch 16
What is an intensive therapy order?
In this Act:
intensive therapy order, for a child or young person, means an order of the Childrens Court that—
(a)directs the child or young person to undergo either or both of the following:
(i)assessment of the child or young person’s behaviour and needs;
(ii)treatment in accordance with a therapy plan; and
(b)may authorise the director-general to issue a direction (a confinement direction) that the child or young person be confined from time to time while the order is in force as the director-general considers reasonably necessary as a last resort for the purpose of the assessment or treatment; and
(c)if the order authorises the issue of a confinement direction—transfers daily care responsibility for the child or young person to the director‑general for any period of confinement; and
NotePt 15.3 (Director‑general has daily care responsibility) does not apply if daily care responsibility for a child or young person is transferred to the director‑general under an intensive therapy order (see s 506).
(d)includes any other conditions the court considers necessary to—
(i)prevent the child or young person from engaging in harmful conduct; and
(ii)ensure the child or young person undergoes any necessary treatment in accordance with a therapy plan.
Note 1The director‑general or a police officer may apply to a magistrate for a safe custody warrant if an intensive therapy order or interim intensive therapy order is in force for a child or young person and the director‑general or police officer believes on reasonable grounds that—
(a)someone has contravened the order and, because of the contravention, the child or young person is in danger; or
(b)the child or young person is absent without lawful authority or excuse from the intensive therapy place where the child or young person has been directed to be confined under the intensive therapy order (see s 685).
Note 2Parental responsibility may be transferred to someone else (see s 17) or shared between 2 or more people (see s 18) under a court order made under this Act or another law in force in the Territory.
What is harmful conduct?
In this Act:
harmful conduct, engaged in by a child or young person, means conduct that leads to a significant risk of significant harm to the child or young person or someone else.
What is a risk assessment?
(1)In this chapter:
risk assessment, for a child or young person, means an assessment by the director‑general about whether—
(a)there will be a significant risk of significant harm to—
(i)the child or young person; or
(ii)someone else; and
(b)the risk of harm arises from the child or young person’s conduct; and
(c)the risk of harm will be imminent.
(2)The director‑general may make risk assessment guidelines.
(3)A risk assessment guideline is a notifiable instrument.
(4)A risk assessment must be carried out in accordance with the risk assessment guidelines.
What is an intensive therapy place?
In this Act:
intensive therapy place means a place declared by the director‑general under section 589 to be an intensive therapy place.
NoteIntensive therapy places are further dealt with in div 16.4.1.
What is a therapy plan?
In this Act:
therapy plan, for a child or young person—
(a)means a plan to reduce the likelihood of the child or young person engaging in harmful conduct in the future arranged by the director‑general in consultation, as far as is practicable, with—
(i)the child or young person; and
(ii)the parents of the child or young person; and
(iii)each other person (if any) who has daily care responsibility for the child or young person; and
(iv)the chair of the therapeutic support panel; and
(v)anyone else who is proposed to be involved in implementing the plan; and
(b)if the director‑general has applied for an intensive therapy order that allows the director-general to issue a confinement direction in relation to the child or young person—includes written details of the following for any proposed period of confinement:
(i)the place of the proposed confinement;
(ii)when the period of confinement is to start and end;
(iii)the therapy, counselling or other service that is proposed for the child or young person;
(iv)the expected results of the therapy, counselling or other service;
(v)the education that is proposed for the child or young person;
(vi)the supervision that is proposed for the child or young person;
(vii)the proposed arrangements for the child or young person’s contact with—
(A)family members; and
(B)significant people for the child or young person; and
(C)any other people;
(viii)for an Aboriginal or Torres Strait Islander child or young person—the proposed arrangements for the preservation and enhancement of the identity of the child or young person as an Aboriginal or Torres Strait Islander person.
Note 1If the public advocate or an official visitor asks the director‑general for a therapy plan for a child or young person, the director‑general must provide a copy promptly (see s 595).
Note 2If the child or young person is an Aboriginal or Torres Strait Islander person, the director-general must also, if asked by the Aboriginal and Torres Strait Islander children and young people commissioner, give a copy promptly to the commissioner (see s 595 (2)).
What is intensive therapy history?
In this Act:
intensive therapy history, for a child or young person means written details of—
(a)each intensive therapy order made for the child or young person; and
(b)if the child or young person has been confined under an intensive therapy order—the following particulars relating to each period of confinement:
(i)the director-general’s decision to confine the child or young person, and the reasons for the decision;
(ii)when the period of confinement started and ended;
(iii)where the child or young person was confined;
(iv)the therapy, counselling or other service that was provided to the child or young person;
(v)the review of the progress of the therapy, counselling or other service;
(vi)the education that was provided to the child or young person;
(vii)the supervision that was provided to the child or young person;
(viii)the arrangements for the child or young person’s contact with, and the child or young person’s contact with—
(A)family members; and
(B)significant people for the child or young person; and
(C)any other people; and
(c)any other matter prescribed by regulation.
What is a therapy transition plan?
In this chapter:
therapy transition plan, for a child or young person—
(a)means a plan developed by the director‑general for when the child or young person is no longer subject to an intensive therapy order; and
(b)may include proposals for ongoing therapy, counselling or other services to assist the child or young person’s transition from being in intensive therapy.
Division 16.2.2 Applications for intensive therapy orders
Intensive therapy order—application by director‑general
(1)Only the director‑general may apply for an intensive therapy order.
(2)The director‑general may apply to the Childrens Court for an intensive therapy order for a child or young person if satisfied that the criteria for making the order are met.
Note 1Criteria for making an intensive therapy order are in s 549.
Note 2Oral applications may also be made (see s 698).
(3)For subsection (2), the director-general may be satisfied that the criteria are met on the advice of the therapeutic support panel.
Intensive therapy order—application to state grounds etc
An application for an intensive therapy order for a child or young person must—
(a)state the grounds on which the order is sought; and
(b)include—
(i)a risk assessment for the child or young person; and
(ii)a copy of previous intensive therapy orders for the child or young person (if any); and
(iii)the intensive therapy history (if any) for the child or young person; and
(c)state any less restrictive ways that the director‑general, the therapeutic support panel and any members of the child or young person’s family have—
(i)tried to prevent the child or young person from engaging in harmful conduct and how the less restrictive ways were not successful (if any); and
(ii)considered to prevent the child or young person from engaging in harmful conduct and how the less restrictive ways were not appropriate (if any); and
(d)include—
(i)a therapy plan for the child or young person; and
(ii)information about how the intensive therapy order is part of the overall care plan for the child or young person; and
(iii)information about any consultation with, and advice received, from the therapeutic support panel in relation to the child or young person;
(v)information about whether the child or young person is charged with an offence.
NoteStatements, documents and reports must be included in the application (see s 696).
Intensive therapy orders—who must be given application
The director‑general must give a copy of the application for the intensive therapy order for the child or young person to the following people at least 1 working day before the application is to be heard by the Childrens Court:
(a)the child or young person;
(b)each parent of the child or young person;
(c)any person who has daily care responsibility, or long-term care responsibility, for the child or young person;
(d)the chair of the therapeutic support panel;
(e)the public advocate;
(f)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
Intensive therapy order—Childrens Court to consider application promptly
(1)The Childrens Court must give initial consideration to an application for an intensive therapy order not later than 2 working days after the day the application is filed.
(2)The Childrens Court must give directions about the conduct of the proceeding (including the hearing of the application) at the time the application is initially considered.
(3)This section does not apply if the director‑general or a police officer has daily care responsibility for a child or young person under part 13.1 (Emergency action).
NoteFor s (3), the Childrens Court must give initial consideration to the application on the day it is filed (see s 413).
Division 16.2.3 Interim intensive therapy orders
What is an interim intensive therapy order?
In this Act:
interim intensive therapy order, for a child or young person, means an order of the Childrens Court—
(a)made in a proceeding for an application for an intensive therapy order for the child or young person before the intensive therapy order has been finally decided; and
(b)that may direct the child or young person to be confined as a last resort—
(i)for a total period of not more than 2 weeks (the period of confinement) starting on a stated day; and
(ii)at a stated place or a place the director-general directs; and
(c)if the order directs the child or young person to be confined—that transfers daily care responsibility for the child or young person to the director‑general for the period of confinement; and
NotePt 15.3 (Director‑general has daily care responsibility) does not apply if daily care responsibility for a child or young person is transferred to the director‑general under an intensive therapy order (see s 506).
(d)includes any other conditions the court considers necessary to—
(i)prevent the child or young person from engaging in harmful conduct; and
(ii)ensure the child or young person undergoes any necessary treatment in accordance with a therapy plan.
NoteParental responsibility may be transferred to someone else (see s 17) or shared between 2 or more people (see s 18) under a court order made under this Act or another law in force in the Territory.
Interim intensive therapy order—criteria for making
The Childrens Court may, on application by the director‑general, make an interim intensive therapy order for a child who is at least 10 years old or a young person if—
(a)an application for an intensive therapy order for the child or young person has been made but not finally decided; and
(b)the court is satisfied that—
(i)there is a significant risk of significant harm to the child or young person, or someone else, arising from the child or young person’s conduct; and
(ii)an interim order before the application is finally decided is necessary to prevent the harmful conduct; and
(iii)if the order directs the child or young person to be confined—the confinement is necessary as a last resort to—
(A)prevent the child or young person from engaging in harmful conduct; and
(B)ensure the child or young person undergoes any necessary treatment in accordance with a therapy plan.
NoteCriteria for making an intensive therapy order are in s 549.
Interim intensive therapy order—confinement direction
If the Childrens Court decides that a child or young person must be confined for a period of time under an interim intensive therapy order, the court must include the following directions in the order:
(a)that the child or young person must be confined;
(b)the period of confinement, including the day on which the confinement starts and ends;
(c)the place of confinement;
(d)the purpose of the confinement.
Interim intensive therapy order—length
(1)The length of an interim intensive therapy order—
(a)must be stated in the order; and
(b)must not be longer than 2 weeks.
(2)An interim intensive therapy order ends on the earlier of the following:
(a)the day the order is stated to end;
(b)the day the application for the intensive therapy order is finally decided.
Interim intensive therapy order—further order
(1)Section 546 does not prevent an application for a further interim intensive therapy order to commence immediately after the end of a previous interim intensive therapy order.
(2)However, the court must not make a further interim intensive therapy order directing the confinement of a child or young person if the total period of confinement to which the child or young person has been subject under previous interim intensive therapy orders is 12 weeks.
Offence—interim intensive therapy order
(1)A person commits an offence if—
(a)an interim intensive therapy order is in force for a child or young person; and
(b)the person has been given a copy of the order; and
(c)the person is not the child or young person who is the subject of the interim intensive therapy order; and
(d)the person engages in conduct that contravenes a provision of the order.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)This section does not apply if the person has a reasonable excuse for contravening the order.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Division 16.2.4 Making an intensive therapy order
Intensive therapy order—criteria for making
The Childrens Court may, on the application of the director‑general, make an intensive therapy order for a child who is at least 10 years old or young person only if satisfied that—
(a)if the order is not made—
(i)there will be a significant risk of significant harm to—
(A)the child or young person; or
(B)someone else; and
(ii)the risk of harm arises from the child or young person’s conduct; and
(b)the court is satisfied that—
(i)less restrictive ways to prevent the child or young person from engaging in harmful conduct have been tried but the less restrictive ways have not been successful; or
(ii)less restrictive ways to prevent the child or young person from engaging in harmful conduct have been considered but the less restrictive ways were not appropriate; and
(c)there are no less restrictive ways to prevent the child or young person from engaging in harmful conduct; and
(d)if the order authorises the director-general to issue a confinement direction in relation to a child or young person—confinement of the child or young person may be necessary as a last resort to enable either or both of the following:
(i)assessment of the child or young person’s behaviour and needs;
(ii)treatment in accordance with a therapy plan; and
(e)the director‑general—
(i)if the order relates to the assessment of the child or young person’s behaviour and needs—undertakes to provide the court with a therapy plan for the child or young person within the period required by the court; and
(b)if the order relates to the treatment of the child or young person—has provided the court with a therapy plan for the child or young person; and
(f)if the director general has provided a therapy plan to the court—the plan is more likely than not to reduce the likelihood of the child or young person engaging in harmful conduct in the future; and
(g)making the order is in the best interests of the child or young person.
Examples—less restrictive ways to prevent young person from engaging in harmful conduct—pars (b) and (c)
1 The director‑general provided a child or young person’s family with intensive family support services.
2 The director‑general or other service provider provided a child or young person with the same services that are provided under a therapy plan but the child or young person was not confined at an intensive therapy place.
Note 1In a proceeding for an intensive therapy order, a fact is proved if it is proved on the balance of probabilities (see s 711).
Note 2The Childrens Court may make an order imposing an obligation on a person only if the person agrees to it, has been given an opportunity to be heard about it or cannot be found (see s 718).
Intensive therapy order—confinement directions
(1)If the Childrens Court authorises the director-general to issue a confinement direction in relation to a child or young person under an intensive therapy order, or an extension of the order, the court must state the following in the order:
(a)that the child or young person may be confined as a last resort while the order is in force;
NoteFor the director-general’s functions in relation to a confinement direction (see section 577).
(b)the place of confinement;
(c)the purpose of the confinement;
(d)any further conditions of the authorisation.
(2)In this section:
confinement direction–see section 532, definition of intensive therapy order, paragraph (b).
Intensive therapy order—length
The length of an intensive therapy order—
(a)must be stated in the order; and
(b)must not be longer than 12 weeks.
NoteAn intensive therapy order may be extended (see div 16.2.6).
Intensive therapy order—statement of reasons
If the Childrens Court hears and decides an application for an intensive therapy order, the court must record a written statement of reasons for the decision.
Note 1A party may ask for the statement of reasons (see s 722 (2)).
Note 2For what must be included in a statement of reasons, see the Legislation Act, s 179.
Offence—intensive therapy order
(1)A person commits an offence if—
(a)an intensive therapy order is in force for a child or young person; and
(b)the person has been given a copy of the order; and
(c)the person is not the child or young person who is the subject of the intensive therapy order; and
(d)the person engages in conduct that contravenes a provision of the order.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)This section does not apply if the person has a reasonable excuse for contravening the order.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Division 16.2.5 Review of intensive therapy orders
Definitions—div 16.2.5
In this division:
initial review—see section 555 (2).
ongoing review—see section 556 (2).
Initial review
(1)This section applies if an intensive therapy order is in force for a child or young person.
(2)The director‑general must review the operation of the order (the initial review) not later than—
(a)if the order authorises the director-general to issue a confinement direction—2 weeks after the order is made; or
(b)in any other case—6 weeks after the order is made, or 1 week before the order expires, whichever happens first.
Ongoing review
(1)This section applies if an intensive therapy order is in force for a child or young person.
(2)The director‑general must review the operation of the order (an ongoing review) not later than—
(a)if the order authorises the director-general to issue a confinement direction—2 weeks after—
(i)the initial review; and
(ii)each ongoing review; or
(b)in any other case—6 weeks after the initial review and each ongoing review, or 1 week before the order expires after the initial review or an ongoing review, whichever happens first.
Review—views to be considered
(1)This section applies if the director‑general is carrying out an initial review, or ongoing review, of the operation of an intensive therapy order.
(2)In carrying out the review, the director‑general must consider the views of the following people:
(a)the child or young person;
(b)each person with parental responsibility for the child or young person (other than the director‑general);
NoteParental responsibility is dealt with in div 1.3.2.
(c)each person who had daily care responsibility for the child or young person immediately before the order was made;
NoteDaily care responsibility is dealt with in s 19.
(d)the chair of the therapeutic support panel;
(e)each official visitor who has visited the child or young person;
(f)the public advocate;
(g)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner;
(h)any other person the director‑general considers appropriate.
Review report
(1)This section applies if the director‑general has carried out an initial review, or ongoing review, of the operation of an intensive therapy order.
(2)The director‑general must prepare a report (a review report) about the operation of the intensive therapy order.
(3)The director‑general must give a copy of the review report to the following:
(a)the child or young person;
(b)each person with parental responsibility for the child or young person (other than the director‑general);
(c)each person who had daily care responsibility for the child or young person immediately before the order was made;
(d)the chair of the therapeutic support panel;
(e)each official visitor who has visited the child or young person;
(f)the public advocate;
(g)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner;
(h)if the Childrens Court has requested a copy of the report—the court.
Director‑general’s action after review
(1)This section applies if the director‑general has carried out an initial review, or ongoing review, of the operation of an intensive therapy order.
(2)If the director‑general decides that the order should be extended, the director‑general must apply to the Childrens Court for the order to be extended.
NoteThe Childrens Court may extend the order under div 16.2.6.
(3)If the director‑general decides that the order should be amended, the director‑general must apply to the Childrens Court for the order to be amended.
NoteAmending an intensive therapy order is dealt with in div 16.2.7.
(4)If the director‑general decides that the order should be revoked, the director‑general must apply to the Childrens Court for the order to be revoked.
NoteRevoking an intensive therapy order is dealt with in div 16.2.7.
Division 16.2.6 Extending an intensive therapy order
Intensive therapy order—extension application
The director‑general may apply to the Childrens Court for extension of an intensive therapy order only if the director‑general believes on reasonable grounds that the criteria for extending the order are met.
Note 1Criteria for extending the order is in s 564.
Note 2Statements, documents and reports must be included in the application (see s 696).
Note 3Oral applications may also be made (see s 698).
Intensive therapy order—extension application must state grounds etc
An application for extension of an intensive therapy order must—
(a)state the grounds for the proposed extension; and
(b)include—
(i)the intensive therapy history (if any) for the child or young person; and
(ii)a further therapy plan for the child or young person for the period of the proposed extension; and
(iii)a further risk assessment for the child or young person; and
(c)include a written statement summarising—
(i)whether the director-general has consulted with or sought advice from the therapeutic support panel about the child or young person under the intensive therapy order, and if so the substance of the consultation or advice; and
(ii)how the intensive therapy order was implemented; and
(iii)the extent of compliance with the order.
Intensive therapy order—who must be given extension application
The director‑general must give a copy of an application for extension of an intensive therapy order to the following people at least 1 working day before the application is to be heard by the Childrens Court:
(a)each party to the proceeding in which the order was made;
(b)the public advocate;
(c)if the intensive therapy order is for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
NoteParties to proceedings are dealt with in pt 19.2.
Intensive therapy order—Childrens Court to consider extension application promptly
(1)The Childrens Court must give initial consideration to an application for extension of an intensive therapy order not later than 2 working days after the day the application is filed.
(2)The Childrens Court must give directions about the conduct of the proceeding (including the hearing of the application) at the time the application is initially considered.
(3)If the intensive therapy order is in force on the day the application for extension is filed, but would end before the application is heard, the order continues in force until whichever of the following happens first:
(a)the application is heard and decided;
(b)8 weeks after the application was filed.
Intensive therapy order—criteria for extension up to 6 months
(1)The Childrens Court may, by order, extend an intensive therapy order only if satisfied that—
(a)if the order is not extended—
(i)there will be a significant risk of significant harm to—
(A)the child or young person; or
(B)someone else; and
(ii)the risk of harm arises from the child or young person’s conduct; and
(b)there are no less restrictive ways to prevent the child or young person from engaging in harmful conduct than an extended intensive therapy order; and
(c)the director‑general has developed a further therapy plan for the child or young person; and
(d)the further therapy plan is more likely than not to reduce the likelihood of the child or young person engaging in harmful conduct in the future; and
(e)extending the order is in the best interests of the child or young person.
Note 1In a proceeding for a care and protection order, a fact is proved if it is proved on the balance of probabilities (see s 711).
Note 2The Childrens Court may make an order imposing an obligation on a person only if the person agrees to it, has been given an opportunity to be heard about it or cannot be found (see s 718).
(2)The Childrens Court may extend an intensive therapy order—
(a)for as long as 8 weeks; and
(b)more than once.
(3)However, the Childrens Court must not extend an intensive therapy order if the total length of the order and any extensions of the order will be longer than 6 months.
Intensive therapy order extension—statement of reasons
If the Childrens Court hears and decides an application for extension of an intensive therapy order, the court must record a written statement of reasons for the decision.
Note 1A party may ask for the statement of reasons (see s 722 (2)).
Note 2For what must be included in a statement of reasons, see the Legislation Act, s 179.
Division 16.2.7 Amending or revoking an intensive therapy order
Intensive therapy order—amendment
The Childrens Court may by order, on application or on its own initiative, amend an intensive therapy order.
Intensive therapy order—revocation
The Childrens Court may by order, on application or on its own initiative, revoke an intensive therapy order.
Intensive therapy order—application for amendment or revocation
The following people may apply for amendment or revocation of an intensive therapy order for a child or young person if the person believes on reasonable grounds that the criteria for amending or revoking the order are met:
(a)the director‑general;
(b)the child or young person;
(c)someone who has parental responsibility for the child or young person;
(d)a former caregiver of the child or young person;
(e)the public advocate;
(f)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.
Intensive therapy order—application for amendment must state grounds etc
(1)An application for amendment of an intensive therapy order must—
(a)state—
(i)how the provision is proposed to be amended; and
(ii)the grounds for the proposed amendment; and
(b)if the applicant is the director‑general, include—
(i)the intensive therapy history (if any) for the child or young person; and
(ii)a revised therapy plan for the child or young person that takes into account the proposed amendment; and
(iii)a further risk assessment for the child or young person; and
(c)be given to the following:
(i)if the applicant is not the director-general—the director‑general;
(ii)the public advocate;
(iii)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner;
(iv)an entity prescribed by regulation.
(2)If the applicant is not the director‑general, after the director‑general receives a copy of the application, the director‑general must file with the Childrens Court—
(a)the intensive therapy history (if any) for the child or young person; and
(b)a revised therapy plan for the child or young person that takes into account the proposed amendment; and
(c)a further risk assessment for the child or young person.
Intensive therapy order—application for revocation must state grounds etc
(1)An application for revocation of an intensive therapy order must—
(a)state the grounds for the proposed revocation; and
(b)if the applicant is the director‑general, include—
(i)the intensive therapy history (if any) for the child or young person; and
(ii)a further risk assessment for the child or young person.
(2)If the applicant is not the director‑general, after the director‑general receives a copy of the application, the director‑general must file with the Childrens Court—
(a)the intensive therapy history (if any) for the child or young person; and
(b)a further risk assessment for the child or young person.
Intensive therapy order—who must be given application for amendment or revocation
The applicant for amendment or revocation of an intensive therapy order must give a copy of the application to the following people at least 1 working day before the application is to be heard by the Childrens Court:
(a)each party to the proceeding in which the order was made;
(b)anyone else who was required to be given a copy of the application for the intensive therapy order;
(c)the public advocate;
(d)if the intensive therapy order was for an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner.
NoteParties to proceedings are dealt with in pt 19.2.
Intensive therapy order—Childrens Court to consider application for amendment or revocation promptly
(1)The Childrens Court must give initial consideration to an application for amendment or revocation of an intensive therapy order not later than 2 working days after the day the application is filed.
(2)The Childrens Court must give directions about the conduct of the proceeding (including the hearing of the application) at the time the application is initially considered.
Intensive therapy order amendment or revocation—criteria for amendment or revocation
The Children’s Court may, by order, amend or revoke an intensive therapy order or a condition of the order only if satisfied that—
(a)the order or condition of the order is no longer needed to reduce the risk of harm to, or arising from, the child or young person; or
(b)a less restrictive way than the order or condition of the order is available to prevent the child or young person from engaging in harmful conduct; or
(c)the order or condition of the order is no longer in the best interests of the child.
Intensive therapy order amendment or revocation—statement of reasons
If the Childrens Court hears and decides an application for amendment or revocation of an intensive therapy order, the court must record a written statement of reasons for the decision.
Note 1A party may ask for the statement of reasons (see s 722 (2)).
Note 2For what must be included in a statement of reasons, see the Legislation Act, s 179.
Division 16.2.8 Mental health referral
Referral of young person with mental disorder or illness
(1)In a proceeding for an interim intensive therapy order or intensive therapy order for a child or young person, the Childrens Court—
(a)if satisfied that the child or young person may have a mental disorder or mental illness—may order the child or young person to submit to the jurisdiction of the ACAT; or
(b)if satisfied that the child or young person has a mental disorder or mental illness—must order the child or young person to submit to the jurisdiction of the ACAT.
(2)However, the Childrens Court need not order the child or young person to submit to the jurisdiction of the ACAT if satisfied that making an interim intensive therapy order or intensive therapy order is the best way to support the child or young person.
(3)The Childrens Court may, under an interim intensive therapy order or intensive therapy order, include a requirement that the child or young person submit to the jurisdiction of the ACAT if satisfied that an order with the requirement is the best way to support the child or young person.
(4)If the Childrens Court makes an order under subsection (1), or an order with a requirement mentioned in subsection (3), the order must contain a provision directing the child or young person to submit to the jurisdiction of the ACAT to allow the ACAT—
(a)to decide whether the child or young person has a mental disorder or mental illness; and
(b)if the ACAT decides that the child or young person has a mental disorder or mental illness—to make recommendations to the Childrens Court about how the child or young person should be dealt with.
Part 16.3Children and young people in intensive therapy
Division 16.3.1 Preliminary
When is a child or young person in intensive therapy?
In this Act:
in intensive therapy—a child or young person is in intensive therapy if the child or young person is subject to an intensive therapy order or an interim intensive therapy order.
Division 16.3.2 Confinement
Confinement direction
(1)A confinement direction issued by the director‑general as a last resort in relation to a child or young person must state the following:
(a)the nature of the confinement necessary and reasonable to ensure—
(i)assessment of the child or young person’s behaviour and needs; or
(ii)treatment of the child or young person in accordance with a therapy plan;
(b)the period of confinement;
(c)whether the child or young person may temporarily leave an intensive therapy place while the confinement direction is in force.
(2)The director-general must not—
(a)direct the continuous confinement of a child or young person for a period longer than 14 days; or
(b)allow a child or young person to temporarily leave an intensive therapy place if the leave would create a risk of harm to the child or young person or anyone else.
(3)The director-general may issue more than 1 confinement direction in accordance with an intensive therapy order while the order is in force.
(4)If the director‑general issues a confinement direction, the director‑general must for each period of confinement—
(a)record the fact of and reasons for the confinement; and
(b)tell the public advocate in writing of the confinement; and
(c)if the child or young person is an Aboriginal or Torres Strait Islander person—tell the Aboriginal and Torres Strait Islander children and young people commissioner in writing of the confinement; and
(d)record the confinement in the intensive therapy register.
(5)In this section:
confinement direction–see section 532, definition of intensive therapy order, paragraph (b).
Division 16.3.3 Visits by accredited people
Who is an accredited person?
(1)In this division:
accredited person, for a child or young person in intensive therapy, means each of the following:
(a)the director-general;
(b) a representative of an entity providing a service or program to the child or young person at an intensive therapy place;
(c)a lawyer representing the child or young person;
(d)a health practitioner providing a health service to the child or young person;
(e)an official visitor;
(f)the chair of the therapeutic support panel;
(g)the public advocate;
(h)a commissioner exercising functions under the Human Rights Commission Act 2005;
(i)if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner;
(j)the ombudsman;
(k)the senior practitioner;
(l)a person prescribed by regulation.
(2)In this section:
senior practitioner—see the Senior Practitioner Act 2018, dictionary.
Intensive therapy—visits by accredited people must be allowed
To protect the human rights of children and young people in intensive therapy at intensive therapy places, the operating entity for the intensive therapy place must ensure, as far as practicable, that children and young people in intensive therapy have reasonable opportunities to receive visits from accredited people as often as needed.
Intensive therapy—visits by accredited people
An accredited person may visit a child or young person in intensive therapy.
Division 16.3.4 Searches and seizure
Application—div 16.3.4
This division applies to a child or young person who is in intensive therapy.
Meaning of owner—div 16.3.4
In this division:
owner, of a thing, includes a person entitled to possession of the thing.
Search and seizure—powers
(1)The operating entity for an intensive therapy place may, at any time, direct an intensive therapy person to carry out a scanning search, frisk search or ordinary search of a child or young person if there are reasonable grounds for believing that the child or person is carrying anything—
(a)that would present a danger to the intensive therapy person or another person; or
(b)that could be used to assist the child or person to escape the intensive therapy place.
(2)As far as practicable, the operating entity must ensure that the intensive therapy person is—
(a)if the child or young person requests an intensive therapy person of a particular sex—a person of the sex requested; or
(b)if the child or young person makes no request—a person of the same sex as the child or young person.
(3)The intensive therapy person may seize a dangerous thing found on a child or young person or in a child or young person’s custody or possession, unless the child or young person has the written approval of the operating entity to possess the thing.
(4)The intensive therapy person must make a written record of anything seized under this section.
(5)In this section:
frisk search means—
(a)a search of a person conducted by quickly running the hands over the person’s outer garments; and
(b)an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
ordinary search means a search of a person, or of articles in a person’s possession, that may include—
(a)requiring the person to remove the person’s overcoat, coat or jacket and any gloves, shoes, hat or bag; and
(b)an examination of those items.
scanning search means a search of a person by electronic or other means that does not require the person to remove the person’s clothing or to be touched by someone else.
Searches—intrusiveness
(1)An intensive therapy person conducting a search of a child or young person under this division must ensure, as far as practicable, that the search—
(a)is the least intrusive kind of search that is necessary and reasonable in the circumstances; and
(b)is conducted in the least intrusive way that is necessary and reasonable in the circumstances.
Example
searching for a dangerous thing by a scanning search rather than a frisk search
(2)A child or young person must not be subjected to a strip search.
(3)In this section:
strip search means a search of a person that includes—
(a)requiring the person to remove all of the person’s clothing; and
(b)examining—
(i)the person’s body (but not the person’s body orifices or cavities); and
(ii)the person’s clothing.
Searches—use of force
An intensive therapy person may use force, but only as much force as is necessary and reasonable—
(a)to conduct or assist in a search under this division; or
(b)to prevent the loss, destruction or contamination of anything seized, or that may be seized, during the search.
Seized property—must tell owner
(1)As soon as practicable, but not later than 7 days, after the day a thing is seized under section 583, the operating entity for the intensive therapy place must tell the following people, in writing (a seizure notice), about the seizure:
(a)the owner of the thing seized;
(b)if the owner cannot be identified after reasonable efforts (given the thing’s apparent value)—the person from whom the thing was seized.
(2)The seizure notice must—
(a)identify the thing seized; and
(b)outline the grounds for the seizure; and
(c)include a statement about the effect of section 587; and
(d)include anything else prescribed by regulation.
Seized property—forfeiture
(1)A thing seized under section 583 is forfeited to the Territory if—
(a)after making reasonable efforts (given the thing’s apparent value), the operating entity for the intensive therapy place is satisfied that—
(i)the owner of the thing cannot be found; or
(ii)the thing cannot be returned to the owner; or
(b)the operating entity for the intensive therapy place is satisfied that—
(i)possession of the thing by the child or young person is an offence; or
(ii)it is necessary to keep the thing to stop it being used for the commission of an offence; or
(iii)the thing is inherently unsafe.
(2)The operating entity may deal with a thing forfeited to the Territory under this section, or dispose of it, as the operating entity considers appropriate.
Examples
1 giving a forfeited weapon to the director‑general
2 disposing of a forfeited thing of little value
(3)However, subsection (2) is subject to any order under the Crimes Act 1900, section 249 (Seizure of forfeited articles).
Note 1The Crimes Act 1900 also provides for articles forfeited under any law in force in the Territory to be seized by a member of the police force, taken before the Magistrates Court and for the court to order disposal of the article by the public trustee and guardian (see s 249 and s 250).
Note 2The Uncollected Goods Act 1996 provides generally for the disposal of uncollected goods, including goods abandoned on premises controlled by the Territory.
(2)A youth offence conviction spent before the commencement of this section is extinguished under this section.
Sections 19GA and 19GB
substitute
19GAMeaning of youth offence conviction
For this Act:
youth offence conviction means a conviction for an offence committed by a person who was under 14 years old when the offence was committed.
19GBYouth offence convictions extinguished
(1)A youth offence conviction (other than a conviction mentioned in subsection (3)) is extinguished.
(2)A youth offence conviction spent before the commencement of this section is extinguished under this section.
(3)A youth offence conviction is not extinguished if the offence for which the conviction was imposed—
(a)is an offence mentioned in table 19GB; and
(b)was committed by a person who was at least 12 years old.
Table 19GB
| column 1 item | column 2 offence |
| 1 | Crimes Act 1900, s 12 (Murder) |
| 2 | Crimes Act 1900, s 19 (Intentionally inflicting grievous bodily harm) |
| 3 | Crimes Act 1900, s 51 (Sexual assault in the first degree) |
| 4 | Crimes Act 1900, s 57 (Act of indecency in the first degree) |
Consequences of conviction becoming extinguished
New section 19H (1A)after the note, insert
(1A)The following also applies to a person whose youth offence conviction has been extinguished:
(a)in applying an Act to the person, the person is taken never to have committed or to have been charged with, convicted of, or sentenced for the offence the subject of the extinguished conviction (the offence);
(b)it is lawful for the person to state in a proceeding before a court or tribunal that the person has not been charged with or convicted of the offence.
New section 19H (3)
insert
(3)However, subsections (1) and (1A) do not apply in relation to an application by a person for registration under the Working with Vulnerable People (Background Checking) Act 2011.
Dictionary, new definition of youth offence conviction
insert
youth offence conviction—see section 19GA.
Part 10Victims of Crime Act 1994
Long title
substitute
An Act relating to victims of crime and other harmful behaviour
Objects of Act
Section 3AA (b) and (c)substitute
(b)contribute to upholding the safety, privacy and dignity of people adversely affected by crime and other harmful behaviour; and
(c)help victims deal with the effects of criminal offences and other harmful behaviour; and
Who is a victim?
Section 6 (1)omit
In this Act:
substitute
In this Act (other than division 3A.3A):
New section 14AA
insert
14AAApplication of victims rights to victims under div 3A.3A
(1)A victims right applies, as far as possible, to a victim of a child’s harmful behaviour under division 3A.3A.
(2)In this section:
harmful behaviour—see section 15CA (1).
Victims may request referral of offences to restorative justice
New section 15B (1A)after the notes, insert
(1A)However, a victim of an offence committed by a person who is at least 10 years old but under the age of criminal responsibility for the offence may ask the agency or entity at any time and whether or not a criminal justice process has, or can be, begun for the offence.
Section 15B (2), new definition of under the age of criminal responsibility
insert
under the age of criminal responsibility—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code, section 25 for the offence.
New division 3A.3A
insert
Division 3A.3A Victims rights—harm statement etc
15CADefinitions—div 3A.3A
(1)In this division:
child means a person under 12 years old.
harm—see section 6 (3).
harmful behaviour, of a child, means behaviour that causes harm to another person.
harm statement, in relation to a child’s harmful behaviour, means a statement prepared by or for a victim of the behaviour for consideration by the therapeutic support panel.
therapeutic support panel—see the Children and Young People Act 2008, dictionary.
victim, of a child’s harmful behaviour, means—
(a)a person (a primary victim) who suffers harm because of the behaviour; or
(b)if a primary victim dies because of the behaviour—a person who was financially or psychologically dependent on the primary victim before the primary victim’s death.
(2)In this section:
because of, a child’s harmful behaviour, means—
(a)as a result of, or in the course of, the behaviour; or
(b)in the course of assisting a police officer in the exercise of the officer’s power to arrest a person for the behaviour or to take action to prevent the behaviour.
loss of a pregnancy means a miscarriage or stillbirth.
15CBApplication—div 3A.3A
This division applies if—
(a)a child has engaged in harmful behaviour; and
(b)there is a victim of the behaviour.
15CCHarm statement—who may make a harm statement
(1)The following people may make a harm statement in relation to a child’s harmful behaviour:
(a)a victim of the behaviour;
(b)a person with parental responsibility for a victim of the behaviour;
(c)a close family member of a victim of the behaviour;
(d)a carer for a victim of the behaviour;
(e)a person with an intimate personal relationship with a victim of the behaviour.
(2)In this section:
person with parental responsibility, for a victim who is a child or young person—means a person with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.
15CDHarm statement—form and contents
(1)A harm statement may, but need not, identify the victim to whom the statement relates, but must not identify the victim if the victim does not wish to be identified in the statement.
(2)However, if the statement does not identify the victim, the therapeutic support panel must—
(a)be told the identity of the victim; and
(b)not disclose the identity to any other person.
(3)If the person who makes the statement is not the victim (or the victim’s representative)—
(a)the statement must indicate that the victim does not object to the statement being made to the therapeutic support panel; and
(b)if practicable, the victim (or representative) must sign the statement, or make a separate written or oral statement to the panel, to verify that the victim does not object.
(4)If the victim to whom the statement relates is not a primary victim, the statement must identify the primary victim and state the nature and length of the victim’s relationship with the primary victim.
(5)If the statement is made by a person who is not the victim, the statement must indicate the nature and length of the person’s relationship with the victim.
(6)The statement may state the circumstances of the harmful behaviour, and the harm suffered by the victim.
(7)The statement may contain photographs, drawings or other images.
(8)The statement must not contain anything that is offensive, threatening, intimidating or harassing.
(9)This section does not prevent a harm statement being made in relation to more than 1 victim.
15CEHarm statement—presentation to panel
(1)A harm statement may be given to the therapeutic support panel as—
(a)a written statement signed by or for a victim of the behaviour; or
(b)an oral statement by or for a victim of the behaviour; or
(c)in any other way the panel considers appropriate.
(2)The panel must allow the written statement to be read aloud, or a statement that is not written to be given orally, if the victim wishes the statement to be given to the panel in that way.
15CFHarm statement—use by panel
(1)In deciding how a child should be treated for their harmful behaviour, the panel—
(a)must take into account a harm statement given to the panel in relation to the behaviour when exercising any panel function to which the statement is relevant; and
(b)must not draw any inference about the harm suffered by a victim from the fact that a harm statement is not given to the panel in relation to the behaviour.
Examples—par (a)
1 assessing the therapeutic needs and best interests of a child
2 developing a plan for therapeutic treatment of the child
3 promoting a child’s accountability for harmful behaviour
4 use in restorative justice referrals
(2)The panel may provide a copy or recording of a harm statement or part of a harm statement to the child if—
(a)the panel considers providing the statement to the child to be in the best interests of the child; and
(b)the victim agrees to the copy or statement being given to the child.
15CGHarm statement—relevant entity to tell victims about harm statement
(1)A relevant entity must, as soon as practicable, tell the victim the following:
(a)who may make a harm statement;
(b)that a statement may be made orally or in writing;
(c)what information a statement must and may include;
(d)how a statement may be used by the therapeutic support panel in carrying out its functions, including that—
(i)a copy of the statement may be given to the child but only if the victim agrees; and
(ii)the panel must consider the statement in carrying out its functions.
(2)In this section:
relevant entity means the following:
(a)the chief police officer;
(b)the therapeutic support panel;
(c)the commissioner.
15CHInformation disclosure to victim of harmful behaviour
(1)The therapeutic support panel or the commissioner may disclose information about a child’s harmful behaviour, including information about the therapeutic treatment of the child’s harmful behaviour, to the victim of the behaviour but only if—
(a)the chair of the panel and the commissioner agree that disclosure of the information is appropriate in the circumstances; and
(b)the information does not include personal information or personal health information about the child.
(2)If the victim is under 15 years old, the panel or commissioner may disclose the information to a person with parental responsibility for the victim or a person acting for a victim or both.
(3)In deciding whether disclosure of the information is appropriate in the circumstances, the panel and commissioner must consider all relevant circumstances, including the following:
(a)the age of the child;
(b)the nature of the harmful behaviour;
(c)the effect of the harmful behaviour on the victim.
(4)In this section:
personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.
personal information—see the Health Records (Privacy and Access) Act 1997, dictionary.
person with parental responsibility, for a victim under 15 years old—means a person with parental responsibility for the victim under the Children and Young People Act 2008, division 1.3.2.
Definitions—div 3A.3A
Section 15CA (1), definition of childsubstitute
child means a person under 14 years old.
Section 15CB
substitute
15CBApplication—div 3A.3A
This division applies if—
(a)a child has engaged in harmful behaviour; and
(b)there is a victim of the behaviour; and
(c)the child is not the subject of a criminal proceeding for the harmful behaviour.
Victims services scheme—eligibility
Section 20after
All victims
insert
, including a victim under division 3A.3A,
Dictionary, new definitions
insert
child, for division 3A.3A (Victims rights—harm statement etc)—see section 15CA (1).
harm, for division 3A.3A (Victims rights—harm statement etc)—see section 15CA (1).
harmful behaviour, for division 3A.3A (Victims rights—harm statement etc)—see section 15CA (1).
harm statement, for division 3A.3A (Victims rights—harm statement etc)—see section 15CA (1).
therapeutic support panel, for division 3A.3A (Victims rights—harm statement etc)—see the Children and Young People Act 2008, dictionary.
Dictionary, definition of victim
substitute
victim—
(a)for this Act generally—see section 6; and
(b)of a child’s harmful behaviour, for division 3A.3A (Victims rights—harm statement etc)—see section 15CA (1).
Part 11Victims of Crime (Financial Assistance) Act 2016
Meaning of homicide
New section 10 (2)insert
(2)For the definition of homicide, it does not matter if the person who commits the offence lacks the legal capacity to be charged with, or convicted or found guilty of, the offence.
Application to commissioner
New section 31 (2A)after the note, insert
(2A)However, the application need not comply with the requirement under subsection (2) (d) (i) if the act of violence was carried out by a person who was under the age of criminal responsibility for the offence in the course of which the act of violence occurred.
Section 31 (5), new definition of under the age of criminal responsibility
insert
under the age of criminal responsibility—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code, section 25 for the offence.
Schedule 1Consequential amendments
(see s 3)
Part 1.1Children and Young People Act 2008
[1.1]Section 37, definitions of entitled person and visitable place
omit
a therapeutic protection place
substitute
an intensive therapy place
[1.2]Section 336, definition of care and protection chapters, paragraph (d)
substitute
(d)Chapter 13 (Care and protection—emergency situations);
[1.3]Section 336, definition of care and protection chapters, new paragraph (ea)
insert
(ea)Chapter 14A (Care and protection—therapeutic support panel for children and young people);
[1.4]Section 336, definition of care and protection chapters, paragraph (g)
substitute
(g)Chapter 16 (Care and protection—intensive therapy for children and young people);
[1.5]Section 339 (4) (b), except note
substitute
(b)is being confined at an intensive therapy place under an intensive therapy order—the person must be released.
[1.6]Section 340 (3)
substitute
(3)A young person confined at an intensive therapy place under an intensive therapy order must be released immediately the young person becomes an adult.
[1.7]Chapter 13 heading
substitute
Chapter 13Care and protection—emergency situations
[1.8]Section 406 (1)
omit
or emergency therapeutic protection
[1.9]Section 413 (1) (b) (iv)
substitute
(iv)an intensive therapy order.
[1.10]Section 413 (2) (d)
substitute
(d)section 541 (Intensive therapy orders—who must be given application).
[1.11]Section 415 (1) (a) (iv) and (v)
substitute
(iv)an interim intensive therapy order;
(v)an intensive therapy order; and
[1.12]Section 419, note
substitute
NoteIf the director‑general applies for an appraisal order, a care and protection order, an assessment order or an intensive therapy order for the child or young person, the director‑general need only give a copy of the application to people before the application is heard by the court (see s 413).
[1.13]Section 420
omit
or emergency therapeutic protection
[1.14]Section 502, new definition of in intensive therapy
insert
in intensive therapy—see section 576.
[1.15]Section 502, definition of in therapeutic protection
omit
[1.16]Section 694 (2) (e)
omit
a therapeutic protection
substitute
an intensive therapy
[1.17]Section 701 (1), note, paragraph (d)
substitute
(d)s 541 (Intensive therapy orders—who must be given application).
[1.18]Section 806 (1) (d)
substitute
(d)the researcher conducting the research project at a place of care, a detention place or an intensive therapy place.
[1.19]Section 814 heading
substitute
Power to enter premises—ch 13 (Care and protection—emergency situations)
[1.20]Section 814 (1) (a) and notes
substitute
(a)the authorised person or police officer believes on reasonable grounds that a child or young person at the premises is in need of emergency care and protection; and
NoteIn need of emergency care and protection is defined in s 403.
[1.21]Section 816 heading
substitute
Power to enter premises—ch 16 (Care and protection—intensive therapy for children and young people)
[1.22]Section 816 (1)
omit
a therapeutic protection place
substitute
an intensive therapy place
[1.23]Section 816 (2) (a) (i)
substitute
(i)is deciding whether to declare the place as an intensive therapy place under section 589; and
[1.24]Section 816 (3)
omit
therapeutic protection place
substitute
intensive therapy place
[1.25]Dictionary, definition of operating entity
omit
therapeutic protection place
substitute
intensive therapy place
Part 1.2Children and Young People Regulation 2009
[1.26]Section 3AC heading
substitute
3ACIntensive therapy register—who may have access—Act, s 597 (1) (i)
Part 1.3Crimes (Sentencing) Act 2005
[1.27]Section 33 (1) (y)
substitute
(y)if the Crimes (Restorative Justice) Act 2004, section 19 (1) (b) applies to the offender—that fact;
Part 1.4Criminal Code 2002
[1.28]Section 712A (5), definition of childrens proceeding, paragraph (b) (iv) and (v)
substitute
(iv)an intensive therapy order; or
(v)an interim intensive therapy order; or
Part 1.5Food Act 2001
[1.29]Section 9 (1), definition of sell
paragraph (o) (i)omit
therapeutic protection place
insert
intensive therapy place
Part 1.6Human Rights Commission Act 2005
[1.30]Section 8A, note 3
omit
therapeutic protection place
substitute
intensive therapy place
Part 1.7Juries Regulation 2018
[1.31]Schedule 1, table 1.3, item 17, column 2
substitute
an employee at any of the following places:
(a) a place declared to be a detention place under the Children and Young People Act 2008, section 142;
(b) a place approved as a place of care under the Children and Young People Act 2008, section 525;
(c) a place declared to be an intensive therapy place under the Children and Young People Act 2008, section 589
Part 1.8Mental Health Act 2015
[1.32]Section 37 (1) (c)
substitute
(c)the person is required to submit to the jurisdiction of the ACAT under—
(i)an ACAT mental health provision in a care and protection order or interim care and protection order; or
(ii)a mental health referral by the Childrens Court in a proceeding for an interim intensive therapy order or intensive therapy order; or
(iii)a requirement of an interim intensive therapy order or intensive therapy order.
[1.33]Section 178 (1)
omit
or interim therapeutic protection order
insert
, a mental health referral in a proceeding for an interim intensive therapy order or intensive therapy order, an interim intensive therapy order or intensive therapy order
[1.34]Dictionary, new definitions
insert
intensive therapy order, for a child or young person—see the Children and Young People Act 2008, section 532.
interim intensive therapy order, for a child or young person—see the Children and Young People Act 2008, section 543.
[1.35]Dictionary, definition of interim therapeutic protection order
omit
Part 1.9Working with Vulnerable People (Background Checking) Act 2011
[1.36]Schedule 1, section 1.1 (2) (b)
substitute
(b)under an intensive therapy order.
[1.37]Schedule 1, section 1.1 (2), note
omit
· pt 16.2 (Therapeutic protection orders);
substitute
· pt 16.2 (Intensive therapy orders);
[1.38]Schedule 1, new section 1.1 (3)
insert
(3)In this section:
intensive therapy order, for a child or young person—see the Children and Young People Act 2008, section 532.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 9 May 2023.
Notification
Notified under the Legislation Act on 15 November 2023.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023, which was passed by the Legislative Assembly on 1 November 2023.
Acting Clerk of the Legislative Assembly
© Australian Capital Territory 2023
0
0
0