AUSTRALIAN CAPITAL TERRITORY

Children’s Services (Amendment) Act
1994
No. 17 of 1994
TABLE OF PROVISIONS

Section
part i—preliminary
	1.	Short title
	2.	Commencement
	3.	Principal Act
part ii—amendments of principal act
	4.	Director to provide assistance
	5.	Childrens Services Council
	6.	Annual reports
	7.	Standing Committee of Council
	8.	Functions of Standing Committee
	9.	Delegation
	10.	Transfer of proceedings
	11.	Power to apprehend under-age children
	12.	Revocation and variation of certain orders
	13.	Children in need of care
	14.	Where person apparently a child
	15.	Proceedings with respect to children in need of care
	16.	Children in hospital
	17.	Direction for release of child
	18.	Application to Court for detention order
	19.	Application for declaration that child is in need of care
	20.	Child care conference
	21.	Applications by other persons
	22.	Review of orders on application
	23.	Service of applications for review
	24.	Procedure at hearing
	25.	Procedure where child voluntarily enters a place of safety
	26.	Notification of children in need of care and of child abuse
	27.	Record of notifications
	28.	Protection of persons making notifications
	29.	Court may direct Minister to make certain determinations
part iii—savings and transitional
	30.	Interpretation
	31.	Recommendations of Standing Committee
	32.	Applications pending
	33.	Orders and directions

AUSTRALIAN CAPITAL TERRITORY

Children’s Services (Amendment) Act
1994
No. 17 of 1994
	
An Act to amend the Children’s Services Act 1986 and for related purposes
	[Notified in ACT Gazette S87: 20 May 1994]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
part i—preliminary
Short title
1.  This Act may be cited as the Children’s Services (Amendment) Act 1994.
Commencement
2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.
(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Principal Act
3.  In this Act, “Principal Act” means the Children’s Services Act 1986.1
part ii—amendments of principal act
Director to provide assistance
4.  Section 8 of the Principal Act is amended by adding at the end of subsection (1) “, and promoting the protection and care of children”.
Childrens Services Council
5.  Section 13 of the Principal Act is amended—
	(a)	by inserting in subsection (6) “Director or the” before “Community”; and
	(b)	by omitting from subsection (12) “or a member referred to in paragraph (2) (a), (b) or (c)”.
Annual reports
6.  Section 15 of the Principal Act is amended by omitting from subsection (1) “Community Advocate” and substituting “Director”.
Standing Committee of Council
7.  Section 16 of the Principal Act is amended—
	(a)	by omitting from subsection (2) “The Community Advocate” and substituting “A member of the Standing Committee”;
	(b)	by omitting from subsection (3) “Community Advocate” and substituting “Director”;
	(c)	by omitting subsection (4) and substituting the following subsection:
“(4)  If the Director is not present at a meeting of the Standing Committee, the person nominated under subsection (9) to attend in his or her place shall chair the meeting.”;
	(d)	by omitting from subsection (6) “Community Advocate” and substituting “Director”; and
	(e)	by omitting subsection (9) and substituting the following subsection:
“(9)  A member of the Council may nominate a person to attend a meeting of the Standing Committee in the member’s place and the person nominated shall, in respect of that meeting, be regarded as a member of the Standing Committee, may vote and shall be taken into account in determining a quorum.”.
Functions of Standing Committee
8.  Section 17 of the Principal Act is amended by omitting “Community Advocate” (wherever occurring) and substituting “Director”.
Delegation
9.  Section 19 of the Principal Act is amended by omitting from subsection (1) all the words after “Act”.
Transfer of proceedings
10.  Section 26 of the Principal Act is amended—
	(a)	by inserting in subsection (1) “Director and the” before “Community”; and
	(b)	by inserting in subsection (3) “, the Director” after “relates”.
Power to apprehend under-age children
11.  Section 28 of the Principal Act is amended by omitting from paragraph (3) (b) “Community Advocate” and substituting “Director”.
Revocation and variation of certain orders
12.  Section 62 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “Community Advocate” and substituting “Director”; and
	(b)	by omitting paragraph (2) (a) and substituting the following paragraph:
	“(a)	if the applicant is—
	(i)	the Director—on the Community Advocate;
	(ii)	the Community Advocate—on the Director; or
	(iii)	a person other than the Director or the Community Advocate—on the Director and the Community Advocate;”.
Children in need of care
13.  Section 71 of the Principal Act is amended by omitting from subsection (2) “Community Advocate” and substituting “Director”.
Where person apparently a child
14.  Section 72 of the Principal Act is amended by omitting from paragraph (a) “Community Advocate” and substituting “Director”.
Proceedings with respect to children in need of care
15.  Section 73 of the Principal Act is amended—
	(a)	by inserting in subsection (3) “Director and the” before “Community”; and
	(b)	by omitting from subsections (4) and (5) “Community Advocate” and substituting “Director”.
Children in hospital
16.  Section 74 of the Principal Act is amended—
	(a)	by inserting in subsection (3) “Director and the” before “Community”; and
	(b)	by omitting from subsections (4) and (5) “Community Advocate” and substituting “Director”.
Direction for release of child
17.  Section 75 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “Community Advocate” (first and second occurring) and substituting “Director”;
	(b)	by omitting from subsection (1) “Community Advocate shall forthwith notify a magistrate” and substituting “Director shall, as soon as practicable, notify a magistrate and the Community Advocate”;
	(c)	by inserting after subsection (1) the following subsection:
“(1A)  If before the expiration of 48 hours after a child was taken into care under section 73 or a direction was given for the detention of a child in a hospital under section 74, the Director makes a decision that the child be released from that care or hospital, the Director shall not direct that the child be released until the Director has notified the Community Advocate of that decision.”;
	(d)	by omitting from subsection (4) “Community Advocate” and substituting “Director”;
	(e)	by inserting after subsection (4) the following subsection:
“(4A)  Before the Director gives information to a magistrate for the purposes of subsection (3), the Director shall notify the Community Advocate of his or her intention to do so.”;
	(f)	by inserting in subsection (5) “, the Director” after “person” (last occurring); and
	(g)	by omitting from  paragraph (6) (a) “Community Advocate” and substituting “Director”.
Application to Court for detention order
18.  Section 76 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “If” and substituting “Subject to subsection (6), if”;
	(b)	by omitting from subsections (1) and (2) “Community Advocate” and substituting “Director”;
	(c)	by omitting from subsection (5) “Community Advocate” and substituting “Director”; and
	(d)	by adding at the end the following subsection:
“(6)  Before the Director makes application under subsection (1) or (5), the Director shall notify the Community Advocate of his or her intention to do so.”.
Application for declaration that child is in need of care
19.  Section 78 of the Principal Act is amended by omitting from subsections (1), (2) and (3) “Community Advocate” and substituting “Director”.
Child care conference
20.  Section 82 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “Community Advocate” and substituting “Director”;
	(b)	by inserting after subsection (1) the following subsection:
“(1A)  Where the Court gives a direction under subsection (1), it shall give notice of the making of the direction to the Community Advocate.”;
	(c)	by omitting from subsection (2) “Community Advocate” and substituting “Director”;
	(d)	by inserting after subsection (2) the following subsections:
“(2A)  Where the Community Advocate is notified in accordance with subsection (1A), he or she may attend the conference to which the direction relates.
“(2B)  Notwithstanding subsection (1), where the Court adjourns an application under section 78, the Community Advocate shall, if requested in writing by the Director, convene a conference to consider the welfare of the child.
“(2C)  A conference convened under subsection (2B) may be attended by 1 or more of the following persons:
	(a)	if the Court so orders, the child;
	(b)	a parent of the child;
	(c)	a person who is or may be concerned with the welfare of the child;
	(d)	with the leave of the Court, a barrister and solicitor acting for a person referred to in paragraph (a), (b) or (c).”; and
	(e)	by omitting from subsection (3) “Community Advocate” and substituting “Director”.
Applications by other persons
21.  Section 87 of the Principal Act is amended—
	(a)	by omitting from subsections (1) and (2) “Community Advocate” (wherever occurring) and substituting “Director”;
	(b)	by inserting in paragraph (3) (a) “Director and the” before “Community” (first occurring);
	(c)	by omitting from paragraph (3) (a) “the Community Advocate” (last occurring) and substituting “each”; and
	(d)	by omitting from paragraph (3) (b) “Community Advocate” and substituting “Director”.
Review of orders on application
22.  Section 88 of the Principal Act is amended by omitting from subsections (1) and (2) “Community Advocate” and substituting “Director”.
Service of applications for review
23.  Section 90 of the Principal Act is amended by inserting in paragraph (a) “Director and the” before “Community”.
Procedure at hearing
24.  Section 93 of the Principal Act is amended—
	(a)	by inserting before paragraph (5) (a) the following paragraph:
	“(aa)	the Director;”; and
	(b)	by omitting from subsection (6) “Community Advocate” (wherever occurring) and substituting “Director”.
Procedure where child voluntarily enters a place of safety
25.  Section 102 of the Principal Act is amended by omitting from subsections (2), (3), (4) and (5) “Community Advocate” and substituting “Director”.
Notification of children in need of care and of child abuse
26.  Section 103 of the Principal Act is amended by omitting from subsections (1) and (2) “Community Advocate” (wherever occurring) and substituting “Director”.
Record of notifications
27.  Section 104 of the Principal Act is amended by omitting “Community Advocate” and substituting “Director”.
Protection of persons making notifications
28.  Section 105 of the Principal Act is amended by omitting “Community Advocate” and substituting “Director”.
Court may direct Minister to make certain determinations
29.  Section 161 of the Principal Act is amended by omitting “Community Advocate” and substituting “Director”.
part iii—savings and transitional
Interpretation
30.  In this Part—
“commencement day” means the day on which this Act (other than sections 1 and 2) commences.
Recommendations of Standing Committee
31.  Recommendations made by the Standing Committee under section 17 of the Principal Act, in force immediately before the commencement day, to the Community Advocate, shall (except in relation to matters that occurred before that day) be taken to have been made under section 17 to the Director.
Applications pending
32.  Where, before the commencement day, an application was made by the Community Advocate under the Principal Act in force immediately before that day but was not determined, the application may be determined under the Principal Act as amended by this Act as if the applicant were the Director.
Orders and directions
33.  A reference in an order or direction made by the Court before the commencement day to the Community Advocate shall (except in relation to matters that occurred before that day) be read as a reference to the Director.
	
NOTE
1.	Reprinted as at 31 January 1994.  See also No. 5, 1994
[Presentation speech made in Assembly on 14 April 1994]
©  Australian Capital Territory 1994