Transcription
Australian Capital TerritoryChildren and Young People Act 2008A2008-19Republication No 81Effective: 17 August 2022Republication date: 17 August 2022Last amendment made by A2022-13Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republicationThe republished lawThis is a republication of the Children and Young People Act 2008 (including any amendmentmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on17 August 2022. It also includes any commencement, amendment, repeal or expiry affecting thisrepublished law to 17 August 2022.The legislation history and amendment history of the republished law are set out in endnotes 3and 4.Kinds of republicationsThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACTlegislation register at www.legislation.act.gov.au): authorised republications to which the Legislation Act 2001 applies unauthorised republications.The status of this republication appears on the bottom of each page.Editorial changesThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorialamendments and other changes of a formal nature when preparing a law for republication.Editorial changes do not change the effect of the law, but have effect as if they had been made byan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). Thechanges are made if the Parliamentary Counsel considers they are desirable to bring the law intoline, or more closely into line, with current legislative drafting practice.This republication does not include amendments made under part 11.3 (see endnote 1).Uncommenced provisions and amendmentsIf a provision of the republished law has not commenced, the symbol U appears immediatelybefore the provision heading. Any uncommenced amendments that affect this republished laware accessible on the ACT legislation register (www.legislation.act.gov.au). For moreinformation, see the home page for this law on the register.ModificationsIf a provision of the republished law is affected by a current modification, thesymbol M appears immediately before the provision heading. The text of the modifyingprovision appears in the endnotes. For the legal status of modifications, see the LegislationAct 2001, section 95.PenaltiesAt the republication date, the value of a penalty unit for an offence against this law is 160 for anindividual and 810 for a corporation (see Legislation Act 2001, s 133).Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital TerritoryChildren and Young People Act 2008ContentsPageChapter 1PreliminaryPart 1.1Introduction13456Part 1.2789R8117/08/22Name of ActDictionaryNotesOffences against Act—application of Criminal Code etcApplication of Act to children and young people etc22233Objects, principles and considerationsMain objects of ActBest interests of children and young people paramount considerationPrinciples applying to ActChildren and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au466contents 1
ContentsPage10Aboriginal and Torres Strait Islander children and young peopleprinciplePart 1.37Important conceptsDivision 1.3.1Definitions11Who is a child?12Who is a young person?13Who is a family member of a child or young person?14Who is a significant person for a child or young person?99910Division 1.3.2Parental responsibility15What is parental responsibility?16Parents have parental responsibility17Aspects of parental responsibility may be transferred18Aspects of parental responsibility may be shared19Daily care responsibility for children and young people20Long-term care responsibility for children and young people21Parents or people with parental responsibility who cannot be found10111112141617Chapter 2AdministrationPart 2.1Director-general2223242526Part 2.22728Part 2.3373839contents 2Director-general’s functionsDirector-general instructionsMinisterial directions to director-generalDirector-general may ask for assistance, etcDirector-general must give identity cards1819202021Children and Youth Services CouncilEstablishment of councilCouncil members2323Official visitorsMeaning of entitled person and visitable placeAppointment of official visitors—additional suitability requirementRequest for sensitive information by official visitorsChildren and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au242525R8117/08/22
ContentsPagePart 2.460616263646566676869707172Suitable entities for purposes under ActDefinitions—Act and pt 2.4Who is a suitable entity?Entity may apply to be suitable entity for purposeDirector-general may approve suitable entity for purposeDirector-general must consider suitability information, etcWhat is suitability information?Director-general may require suitability informationDirector-general need not decide suitability if information not providedDirector-general may require test etcDirector-general need not decide suitability if test not taken, etcOffence—ongoing duty to update suitability informationDirector-general may employ etc suitable entitySuitable entities registerChapter 3Family group conferencesPart 3.1Family group conferences—general7374757677Part 3.27879Part 3.380818283R8117/08/22Definitions—ActFamily group conferences—objectsWhat is a family group conference?What is a family group conference agreement?Offence—publish details of family group ily group conferences—facilitatorsFamily group conference facilitators—appointmentFamily group conference facilitators—functions4040Family group conferences—arrangement andconductFamily group conferences—criteriaFamily group conferences—criteria for review conferenceFamily group conferences—facilitator to organiseFamily group conferences—who must be invitedChildren and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au42434444contents 3
ContentsPage84858687888990Family group conferences—compliance with standardsFamily group conferences—parties reach agreementFamily group conferences—agreement of young personFamily group conferences—before family group conferenceagreementFamily group conferences—outcome reportFamily group conference agreement—when takes effectFamily group conference agreements—implementationChapter 491929394959697989910045464747484950Children and young people and criminalmatters—generalWhat are the criminal matters chapters?Overview of the criminal matters chaptersApplication of criminal matters chapters generallyYouth justice principlesWho is a young detainee?Who is a youth detention officer?Treating doctors—health service appointmentsHealth practitioners—non-treating functionsTransporting young detainees to and from court—young detainees tobe kept separate from adult detaineesDetaining young detainees at court—young detainees to be keptseparate from adult detaineesChapter 5Criminal matters—transfersPart 5.1Transfers within ACT51515253555656575758Division 5.1.1Transfers within ACT—general101Directions to escort officers102Orders to bring young detainee before court etc5959Division 5.1.2Escorting young detainees etc103Arrangements for escorting people104Escort officer functions etc105Escorting arrested person to court etc606061contents 4Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.auR8117/08/22
ContentsPage106107108Custody etc during proceedingsExecuting warrants of commitment or remand etcOther powers not limited626263Division 5.1.3Transfers to health facilities109Transfers to health facilities109ATransfer to mental health facility—notice of change in status6364Division 5.1.4Transfers of young detainees who become adults110Application—div 5.1.4111Transfers to correctional centres—under 21 years old112Transfers to correctional centres—21 year olds656566Division 5.1.5Notifying people of transfers113Transfer—notifying people responsible for or nominated by youngdetainees67Part 5.2Interstate transfersDivision 5.2.1Interstate transfer generally114Definitions—pt 5.2115General agreements with other jurisdictions116Transfer arrangements—general117Power to arrange for transfers118Transfer arrangements—facilities must be adequate119Transfer arrangements—content120Custody of person on transfer order121Custody pending interstate transfer122Transfer to ACT in custody of transfer escort123Powers of transfer escorts124Offence—escapes during transfer6869707072727474757576Division 5.2.2Transfer of sentence or order125Transfer from ACT of sentence or order126Transfer to ACT of sentence or order7677Division 5.2.3Transit through ACT127Director-general may receive young offenders128Lawful custody for transit through ACT129Escapees may be apprehended without warrant787878R8117/08/22Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.aucontents 5
ContentsPage130131132Escapees to be brought before magistrateCourt may arrange transfer of apprehended escapeesSearch warrants for escapees797980Division 5.2.4Revocation of transfer orders133Revocation of transfer order—offence during transfer134Revocation of transfer order by director-general135Director-general may consider reports etcChapter 6Criminal matters—detention placesPart 6.1Detention places—general136137138139140141Part 6.2828283Application—ch 6Definitions—ch 6Treatment of young detainees generallyTreatment of young remandeesTreatment of certain young detaineesDetention places—minimum living conditions848485868787AdministrationDivision 6.2.1Administration—general142Detention places—declaration143Youth detention policies and operating procedures144Exclusion of matters from notified youth detention policies etc145Copies of Act, policies etc to be available for inspection at detentionplace146Director-general directions147Prohibited areas148Prohibited things149Declaration of emergency150Emergency powers151Arrangements with police152Assistance from other directors-generalcontents 6Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at 117/08/22
ContentsPagePart 6.3153153A154Part 6.4155156157158159160161162163164165166Part /22Access to and inspection of detention placesInspections by judicial officers and Assembly membersAccess to detention placesRelationship with other inspection laws989899Admission to detention placesMeaning of admission—pt 6.4Authority for detentionDetention—notifying people responsible for or nominated by youngdetaineesIdentification of young detaineesInformation—entitlements and obligationsInitial assessmentHealth assessmentAlcohol and drug tests on admissionSecurity classificationCase management planEntries in register of young detaineesRequirements and considerations about placement and separation ofyoung g conditions at detention placesFood and drinkClothingPersonal hygieneSleeping areasTreatment of convicted and non-convicted young detaineesAccess to open air and exerciseCommunication with family and othersTelephone callsMailNews and educationVisits by family members etcContact with accredited peopleVisits—protected communicationsChildren and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at 113115115116117contents 7
ContentsPage180181182183Health careDirector-general’s consent to medical treatment for young detaineesInjury etc—notifying people responsible for or nominated by youngdetaineesReligious, spiritual and cultural needsPart 6.6118119120121Management and securityDivision 6.6.1Management and security—general184Compliance with director-general’s directions185Register of young detainees186Health reports187Use of medicines188Case management plans—scope etc189Transgender and intersex young detainees—sexual identity190Security classification—basis etc191Property of young detainees192Possession of prohibited things193Mandatory reporting of threats to security etc at detention place194Trust accounts of young detainees195Register of searches and uses of force123123125127128129130131132132133134Division 6.6.2Monitoring196Disapplication of Listening Devices Act197Monitoring—general considerations198Notice of monitoring199Monitoring at detention places200Monitoring telephone calls etc201Monitoring ordinary mail202Monitoring protected mail203Mail ision 6.6.3SegregationSubdivision 6.6.3.1 General204Definitions—div 6.6.3205Purpose of segregation under div 6.6.3206Segregation not to affect minimum living conditionscontents 8Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au140141141R8117/08/22
ContentsPage207Notice of segregation directions—safe room and other141Subdivision 6.6.3.2 Safe room segregation208Designation of safe rooms209Segregation—safe room210Safe room segregation directions—privacy211Review of safe room segregation directions142143144144Subdivision 6.6.3.3 Other segregation212Segregation—safety and security213Segregation—protective custody214Segregation—health etc215Interstate segregated detainees transferred to ACT145146146147Subdivision 6.6.3.4 Review of certain segregation directions216Meaning of segregation direction—subdiv 6.6.3.4217Internal review of segregation directions218End of segregation directions219Application for review of segregation directions220External review of segregation directions221Notice of decision about segregation direction148148149149150150Subdivision 6.6.3.5 Register of segregation directions222Register of segregation directions151Division 6.6.4Use of force223Managing use of force224Authority to use force225Application of force226Use of restraint227Monthly reports about use of force152154154155156Division 6.6.5Access to detention places228Visiting conditions229Notice of visiting conditions230Taking prohibited things etc into detention place231Directions to visitors232Directions to leave detention place etc233Removing people from detention place156156157157158159R8117/08/22Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.aucontents 9
ContentsPageDivision 6.6.6Maintenance of family relationships234Director-general may allow young child to stay with young detaineePart 6.7159Alcohol and drug testingDivision 6.7.1General235Definitions—pt 6.7236Positive test samples161161Division 6.7.2Alcohol and drug testing—detainees237Alcohol and drug testing of young detainees238Effect of positive test sample by young detainee162164Division 6.7.3Alcohol and drug testing—youth detention officers239Alcohol and drug testing of youth detention officers164Part 6.8Young detainees—leaveDivision 6.8.1Local leave240Local leave directions241Local leave permits241ALocal leave permits—COVID-19 emergency response165166167Division 6.8.2Interstate leave242Interstate leave permits243Effect of interstate leave permit244Powers of escort officers169172173Division 6.8.3Leave—miscellaneous245Lawful temporary absence from detention place174Chapter 7Criminal matters—search and seizure atdetention placesPart 7.1Preliminary—ch 7246247Definitions—ch 7Relationship with other lawsPart 7.2248176178Searches generallySearches—intrusivenesscontents 10Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au179R8117/08/22
ContentsPage249250251Part 7.3252253Part 7.4254255256257258259260261262263Part es—use of search dogSearches—transgender and intersex young detaineesNotice of strip and body searches—person responsible for ornominated by young detainee179180180Scanning, frisk and ordinary searchesDirections for scanning, frisk and ordinary searchesRequirements for scanning, frisk and ordinary searches182182Strip searches—young detaineesStrip searches on admission to detention placeStrip searches of young detainees under 18 years old—no-one withparental responsibility availableStrip searches on admission—directing person to leaveRemoving people from search areaStrip searches directed by director-generalObligations on youth detention officers before strip searchesYouth detention officers at strip searchesStrip searches—general rulesStrip searches—rules about visual inspection of young detainee’sbodyStrip searches—rules about young detainees’ clothing184185186186186187188188189190Body searches—young detaineesBody searches directed by director-generalObligations of director-general before body searchesPeople present at body searchesBody searches of young detainees under 18 years old—no-one withparental responsibility availableBody searches—directing people to leaveRemoving people from search areaHelp for body searchesBody searches—rules about young detainees’ clothingBody searches—rules about touching young detaineesSeizing things discovered during body searchesChildren and Young People Act 2008191191192193194195195196196196contents 11Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
ContentsPagePart 7.6274Searching people other than detaineesSearches of people other than detaineesPart 7.7275276277Searches of premises and propertySearches—premises and property generallySearches of young detainee cells—privileged materialSearches of young detainee cells—suspected privileged materialPart 7.8278Searches—use of forceMeaning of owner—pt 7.9Seizing mail etcSeizing property—generalNotice of seizureForfeiture of things seizedReturn of things seized but not forfeitedCriminal matters—discipline at detentionplacesPart 8.1Discipline at detention places—generalApplication—ch 8Definitions—ch 8Meaning of behaviour breachMeaning of minor behaviour breachMeaning of privilegeOverlapping behaviour breaches and criminal offencesPart 8.2291292293294201Seizing propertyChapter 8285286287288289290199200200Searches—use of forcePart 9211212212Responding to behaviour breachesWho is an investigator?Appointment of investigatorsReport etc by youth detention officerReporting and investigation procedurescontents 12Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au214214214215R8117/08/22
ContentsPage295296Part 8.3297298299Part 8.4Action by administratorDisciplinary charge216217Dealing with minor behaviour breachesBehaviour management frameworkBehaviour management framework—behaviour managementconsequencesBehaviour management framework—limits218218219Disciplinary action—behaviour breach chargeDivision 8.4.1Disciplinary action by administrator300Right to contact support person—disciplinary action by administrator301Behaviour breach admitted by accused detainee302Disciplinary action by administrator220220221Division 8.4.2Internal review303Meaning of review officer—div 8.4.2304Right to contact support person—internal review305Application for internal review306Internal review of charge307Review officer’s powers after internal review222222222223224Division 8.4.3External review of internal review decisions308Meaning of external reviewer—div 8.4.3309Appointment of external reviewers310Right to contact support person—external review311Application for external review312External review of charge313Refusal to review314External reviewer’s powers after external review225225225226226227227Division 8.4.4Disciplinary action generally315Application—div 8.4.4316Meaning of relevant presiding officer—div 8.4.4317Disciplinary action by relevant presiding officer318Disciplinary action—behaviour management consequences319Maximum behaviour management consequences320Privileges and entitlements—impact of discipline229229229230230231R8117/08/22Children and Young People Act 2008contents 13Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
ContentsPageChapter 9Criminal matters—conduct of disciplinaryreviewsPart 9.1Conduct of disciplinary review—general321322Application—ch 9Definitions—ch 9Part 9.2323324325326327328329Disciplinary review proceduresNature of disciplinary reviewsNotice of disciplinary review etcConduct of disciplinary reviewsReview officer may require official reportsReview officer may require information and documentsPossession of review documents etcRecord of reviewPart sciplinary hearing proceduresNotice of disciplinary hearingReview officer’s powers at reviewRights of accused detainee at disciplinary hearingExclusion of accused detainee from hearingHearing in accused detainee’s absenceAppearance at disciplinary hearing by audiovisual or audio link237237238239239239Chapter 10Care and protection—generalPart 10.1Application of care and protection chapters336337338339340What are the care and protection chapters?Age—proof of age to be sought before action takenAge—application of care and protection chapters if no proof of ageAge—care and protection chapters stop applying if person discoveredto be adultCare and protection chapters stop applying when young personbecomes adultcontents 14Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at 22
ContentsPagePart 10.2341342343344345346347348Definitions—care and protection chaptersWhat is abuse?What is neglect?When are children and young people at risk of abuse or neglect?When are children and young people in need of care and protection?Incident need not have happened in ACTWho is a former caregiver?What is contact with a person?Part 10.3349350351352Important concepts—care and protectionchaptersPrinciples and considerations—care andprotection chaptersWhat is in best interests of child or young person?Care and protection principlesHelping families understand care and protection proceduresViews and wishes of children and young peoplePart 10.4245246247247248249249250251253254256Approved care and protection organisationsDivision 10.4.1Important concepts352AMeaning of organisation352BMeaning of care and protection purpose352CMeaning of approved care and protection organisation352DMeaning of responsible person for an approved care and protectionorganisation257257258258Division 10.4.2352E352FApproved care and protection organisations—ongoingsuitabilityApproved care and protection organisations—responsible person258Approved care and protection organisations—monitoring259Division 10.4.3352G352H352I352JR8117/08/22Approved care and protection organisations—complaintsMeaning of noncompliantComplaints—making a complaintComplaints—withdrawing a complaintComplaints—further information or verificationChildren and Young People Act 2008260260261261contents 15Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Complaints—no further actionComplaints—action after investigation262263263Division 10.4.4352N352O352P352Q352R352S352TApproved care and protection liance noticeIntervention—noncompliance directionIntervention—suspension if child or young person unsafeIntervention—intention to cancel ncellation 69Division 10.4.5352UApproved care and protection organisations—surrendering approvalSurrendering approval270Division 10.4.6Approved care and protection organisations register352VApproved care and protection organisations registerChapter 11Care and protection—reporting, investigatingand appraising abuse and neglectPart 11.1Care and protection—reporting abuse andneglectDivision 11.1.1Definitions353Definitions—Act272Division 11.1.2354355356357358359360Reporting abuse and neglect of children and youngpeopleVoluntary reporting of abuse and neglectOffence—false or misleading voluntary reportOffence—mandatory reporting of abuseMandatory reporting—exceptionsOffence—false or misleading mandatory reportReports made to public advocateDirector-general to act on child concern report270contents 16Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at 17/08/22
ContentsPage361Director-general action on child protection report279Division 11.1.3Prenatal reporting of anticipated abuse and neglect362Prenatal reporting—anticipated abuse and neglect363Offence—false or misleading prenatal report364How prenatal reports may be used in evidence365Prenatal report information is sensitive informationPart 11.2Care and protection—appraisalsDivision 11.2.1Definitions366What is a care and protection appraisal?367What is a care and protection assessment?287288Division 11.2.2Appraisal by director-general368Care and protection appraisal—power to carry out369Care and protection appraisal—obtaining agreement etc370Care and protection appraisal—obtaining agreement not in bestinterests of child or young person etc371Care and protection appraisal—visual examination and interviewDivision 11.2.3Appraisal orders372What is an appraisal order?373What is a temporary parental responsibility provision?374Offence—contravene appraisal order375Appraisal orders—prevails over care and protection orders376Appraisal orders—application by director-general377Appraisal orders—urgent applications378Appraisal orders—application to state grounds379Appraisal orders—who must be given application380Appraisal orders—court to consider application promptly381Appraisal orders—no interim orders382Appraisal orders—criteria for making383Appraisal orders—different provisions and requirements384Appraisal orders—length385Appraisal orders—extension application386Appraisal orders—who must be given extension application?387Appraisal orders—court to consider extension application promptlyR8117/08/22281284285285Children and Young People Act 98299300301301contents 17Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
ContentsPage388Appraisal orders—criteria for extension302Chapter 12Care and protection—voluntary agreementsto transfer or share parental responsibilityPart 12.1Definitions389Definitions—Act and ch 12Part istration of family group conferenceagreements that transfer or share parentalresponsibilityRegistered family group conference agreement—applicationRegistered family group conference agreement—registrationRegistered family group conference agreement—noticeRegistered family group conference agreement—effect andenforcementPart 12.3304305306306Voluntary agreement to share parentalresponsibility with director-generalWhat is a voluntary care agreement?Voluntary care agreements—who may initiate?Voluntary care agreements—who are parties?Voluntary care agreements—director-general’s criteriaVoluntary care agreements—start dayVoluntary care agreements—lengthVoluntary care agreements—extensionVoluntary care agreements—extension—COVID-19 emergencyresponseVoluntary care agreements—early endingVoluntary care agreements—return of children and young peoplecontents 18303Children and Young People Act 2008Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at 312313R8117/08/22
ContentsPageChapter 13Care and protection and therapeuticprotection—emergency situationsPart 13.1Emergency action403404405406407408409410411412413414415When are children and young people in need of emergency care andprotection?When are children and young people in need of emergencytherapeutic protection?What is emergency action?Emergency action—criteria for taking emergency actionEmergency action—assistanceEmergency action—certain people must be toldEmergency action—daily care responsibility after actionEmergency action—length of daily care responsibilityCare and protection appraisal and placementEmergency action—contact with familyEmergency action—application for ordersEmergency action—end of daily care responsibilityEmergency action—return of child or young personPart 13.2416417418419420What is an emergency action release order?Emergency action release order—applicationEmergency action release order—application to state groundsEmergency action release order—who must be given applicationEmergency action release order—criteria for makingCare and protection—care and protectionordersPart 320320321321Emergency action release ordersChapter 14421422423314Definitions—ch 14What is a care and protection order?Offence—contravene care and protection orderChildren and Young People Act 2008323323323324324325326327contents 19Effective: 17/08/22Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
ContentsPagePart 14.2424425426427428429430Applications for care and protection ordersCare and protection order—application by director-generalCare and protection order—application by othersCare and protection order—application must state provisions soughtand groundsCare and protection orders—who must be give
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au . About this republication . The republished law . This is a republication of the . Children and Young People Act 2008 (including any amendment made under the . Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 August 2022.
