2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Meredith Hunter)
Children and Young People (Transition to Independence) Amendment Bill 2011

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Age—care and protection chapters stop applying if person discovered to be adult
New section 339 (5)	2
	5	Care and protection chapters stop applying when young person becomes adult
New section 340 (5)	3
	6	What is a care plan?
Section 455, definition of care plan, paragraph (b) (vii)	3
	7	Director‑general may provide assistance
Section 503 (2), new note	3
	8	Part 15.4 heading	4
	9	Division 15.4.1 heading	4
	10	New section 511A and division 15.4.1A heading	4
	11	Division 15.4.3 heading	5
	12	Definitions—div 15.4.3
Section 526, definition of personal information	5
	13	Section 527 heading	5
	14	Section 527 (2)	6
	15	Section 528 heading	6
	16	Section 528 (1) to (3)	6
	17	Section 528 (4) and (5)	7
	18	Section 529	7
	19	New part 15.5	8
	20	Definitions—Act and ch 16
Section 530 (2), definition of transition plan	19
	21	Section 538 heading	20
	22	Section 538, definition of transition plan	20
	23	Therapeutic protection order—application to state grounds etc
Section 540 (d) (ii)	20
	24	Dictionary, definition of care entities	20
	25	Dictionary, new definitions	20
	26	Dictionary, definition of personal information	21
	27	Dictionary, new definition of personal items	21
	28	Dictionary, definition of placement	21
	29	Dictionary, new definition of therapeutic protection transition plan	22
	30	Dictionary, definition of transition plan	22
	31	Dictionary, new definition of young adult	22

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Meredith Hunter)
Children and Young People (Transition to Independence) Amendment Bill 2011

A Bill for
An Act to amend the Children and Young People Act 2008

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Children and Young People (Transition to Independence) Amendment Act 2011.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A 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)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Children and Young People Act 2008.
4	Age—care and protection chapters stop applying if person discovered to be adult
New section 339 (5)
after the note, insert
	(5)	This section does not apply to—
	(a)	section 528 (Information and items must be kept after placement ends); and
	(b)	part 15.5 (Transition to independence).
5	Care and protection chapters stop applying when young person becomes adult
New section 340 (5)
insert
	(5)	This section does not apply to—
	(a)	section 528 (Information and items must be kept after placement ends); and
	(b)	part 15.5 (Transition to independence).
6	What is a care plan?
Section 455, definition of care plan, paragraph (b) (vii)
substitute
	(vii)	if the young person is, or is proposed to be, placed in out‑of‑home care and is at least 15 years old—a transition plan for the young person.
Note	In out‑of‑home care—see s 507A.  
Transition plan, for a young person or young adult—see s 529D.
7	Director‑general may provide assistance
Section 503 (2), new note
insert
Note	If the young person is at least 15 years old and leaves out‑of‑home care, the director‑general must prepare a transition plan for the young person and may provide further assistance (see pt 15.5).
8	Part 15.4 heading
substitute
Part 15.4	Out‑of‑home care
9	Division 15.4.1 heading
substitute
Division 15.4.1	Preliminary
507A	When is a child or young person in out‑of‑home care?
In this Act:
in out‑of‑home care—a child or young person is in out‑of‑home care if the child or young person is placed by the director‑general with an out‑of‑home carer under section 512 (Director‑general may place child or young person with out‑of‑home carer).
10	New section 511A and division 15.4.1A heading
insert
511A	Charter of rights for children, young people and young adults in, or previously in, out‑of‑home care
	(1)	The director‑general must prepare a charter of rights for children, young people and young adults in, or previously in, out‑of‑home care (the charter of rights).
	(2)	The director‑general must give a copy of the charter of rights to each child and young person in out‑of‑home care.
	(3)	The director‑general must uphold the rights conferred by the charter of rights.
	(4)	The director‑general must promote compliance with the charter of rights by out‑of‑home carers.
	(5)	Out‑of‑home carers must uphold the rights conferred by the charter of rights.
	(6)	The charter of rights is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Division 15.4.1A	Placement with out‑of‑home carer
11	Division 15.4.3 heading
substitute
Division 15.4.3	Information and items to be kept by foster carers and residential care services
12	Definitions—div 15.4.3
Section 526, definition of personal information
omit
13	Section 527 heading
substitute
527	Information and items must be kept during placement
14	Section 527 (2)
substitute
	(2)	Each care entity for the child or young person for the placement must keep the following things during the placement:
	(a)	protected information about the child or young person that the care entity possesses because of the placement;
Example
records made by the care entity about the child or young person because of the placement
Note 1	Protected information—see s 844.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	personal items of the child or young person that the care entity possesses because of the placement.
Note	Personal items, for a child, young person or young adult—see the dictionary.
15	Section 528 heading
substitute
528	Information and items must be kept after placement ends
16	Section 528 (1) to (3)
omit
personal information or records
substitute
protected information or personal items
17	Section 528 (4) and (5)
substitute
	(4)	If protected information is given to the director‑general under subsection (3), the protected information is a record of an agency under the Territory Records Act 2002, section 9 (Meaning of record of an agency etc).
	(5)	This section is subject to division 15.5.4 (Entitlement to personal items and access to personal information).
Note	Div 15.5.4 applies to young people who have left out‑of‑home care.
18	Section 529
substitute
529	Child or young person may have access to information and items
	(1)	This section applies if—
	(a)	a care entity for a child or young person for a placement keeps protected information or personal items under section 527; and
	(b)	the care entity has not given the protected information or personal items to the director‑general under section 528.
	(2)	The director‑general may, if satisfied on reasonable grounds that it is in the child’s or young person’s best interests, direct the care entity to give the child or young person—
	(a)	the protected information or personal items; or
	(b)	access to the protected information or personal items.
	(3)	A direction may be conditional.
	(4)	If the director‑general gives a care entity a direction, the care entity must comply with the direction.
	(5)	If the direction is subject to a condition about the access to be given, the care entity must comply with the condition.
	(6)	This section is subject to division 15.5.4 (Entitlement to personal items and access to personal information).
Note	Div 15.5.4 applies to young people who have left out‑of‑home care.
19	New part 15.5
insert
Part 15.5	Transition to independence
Division 15.5.1	Preliminary
529A	Object—pt 15.5
The object of this part is to safeguard the wellbeing of—
	(a)	each young person who is preparing to leave out‑of‑home care; and
	(b)	each young person and young adult who has left out‑of‑home care.
529B	Who is a young adult?—pt 15.5
In this part:
young adult means an adult who is younger than 26 years old.
Note	Adult means an individual who is at least 18 years old (see Legislation Act, dict, pt 1).
529C	When does a young person or young adult leave out‑of‑home care?—pt 15.5
In this part:
leave out‑of‑home care—
	(a)	a young person in out‑of‑home care leaves out‑of‑home care if the young person—
	(i)	is at least 16 years old; and
	(ii)	leaves out‑of‑home care; and
	(iii)	the director‑general is satisfied on reasonable grounds that the young person is unlikely to return to out‑of‑home care; and
	(b)	a young adult leaves out‑of‑home care if the young adult was in out‑of‑home care immediately before becoming a young adult.
Division 15.5.2	Transition plans
529D	What is a transition plan?
	(1)	In this Act:
transition plan, for a young person or young adult, means a written plan for meeting the young person’s or young adult’s needs—
	(a)	for a young person in out‑of‑home care—
	(i)	as the young person prepares to leave out‑of‑home care; and
	(ii)	after leaving out‑of‑home care; and
	(iii)	into young adulthood; or
	(b)	for a young person or young adult who has left out-of home care—
	(i)	after leaving out‑of‑home care; and
	(ii)	into young adulthood.
	(2)	A transition plan may include proposals about the following for the young person or young adult:
	(a)	accommodation;
	(b)	education and training;
	(c)	employment;
	(d)	financial security;
	(e)	social support;
	(f)	life skills support;
	(g)	health care.
Examples
1	physical health
2	mental health
3	emotional health
4	sexual health
Note 1	If a young person is at least 15 years old, a care plan for the young person  must also include a transition plan (see s 455).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
529E	Transition plans
	(1)	The director‑general must prepare a transition plan for a young person who is—
	(a)	in out‑of‑home care; and
	(b)	at least 15 years old.
	(2)	The director‑general must take reasonable steps to ensure that the transition plan is implemented.
529F	Transition plans—who must be consulted
	(1)	This section applies if the director‑general is preparing a transition plan for a young person.
	(2)	The director‑general must—
	(a)	develop the plan in consultation with the young person; and
	(b)	tell the young person about the proposals the director‑general intends to include in the transition plan.
	(3)	The director‑general may, if the director‑general believes on reasonable grounds that it is in the best interests of the young person, tell 1 or more of the following people about the proposals the director‑general intends to include in the transition plan:
	(a)	for a young person—
	(i)	in out‑of‑home care—the out‑of‑home carer; or
	(ii)	who has left out‑of‑home care—a previous out‑of‑home carer;
	(b)	anyone else who would be involved in implementing a proposal;
Example—people who would be involved
a community-based service that is providing services to the young person
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(c)	for an Aboriginal or Torres Strait Islander young person—
	(i)	any Aboriginal or Torres Strait Islander people who have an interest in the wellbeing of the young person through family, kinship or cultural ties; and
	(ii)	any Aboriginal or Torres Strait Islander people or organisation that has provided ongoing support services to the young person;
	(d)	anyone else the director‑general considers would be able to provide information or guidance about the plan.
	(4)	The director‑general must give the following people an opportunity to make submissions to the director‑general about the proposals:
	(a)	the young person;
	(b)	each person told about the proposals under subsection (3).
	(5)	If a person makes a submission to the director‑general about a proposal, the director‑general must consider the submission.
529G	Transition plans—who must be given a copy
If the director‑general prepares a transition plan for a young person, the director‑general must give a copy of the transition plan to—
	(a)	the young person; and
	(b)	for a young person in out‑of‑home care—the out‑of‑home carer; and
	(c)	anyone else who would be involved in implementing the transition plan.
529H	Transition plans—review—young person
	(1)	This section applies if a transition plan is in force for a young person.
	(2)	The director‑general must review the plan—
	(a)	at least once each year; and
	(b)	in consultation with the young person.
	(3)	The director‑general may, if the director‑general believes on reasonable grounds that it is in the best interests of the young person, review the plan in consultation with 1 or more of the following people:
	(a)	for a young person—
	(i)	in out‑of‑home care—the out‑of‑home carer; or
	(ii)	who has left out‑of‑home care—a previous out‑of‑home carer; and
	(b)	anyone else who would be involved in implementing the transition plan as it is to be revised; and
	(c)	for an Aboriginal or Torres Strait Islander young person—
	(i)	any Aboriginal or Torres Strait Islander people who have an interest in the wellbeing of the young person through family, kinship or cultural ties; and
	(ii)	any Aboriginal or Torres Strait Islander people or organisation that will be providing ongoing support services to the young person; and
	(d)	anyone else the director‑general considers would be able to provide information or guidance about the plan as it is to be revised.
	(4)	The director‑general must give a copy of the revised transition plan to—
	(a)	the young person; and 
	(b)	for a young person in out‑of‑home care—the out‑of‑home carer; and
	(c)	anyone else who would be involved in implementing the revised plan.
529I	Transition plans—review—young adult
	(1)	This section applies if a transition plan is in force for a young adult.
	(2)	The director‑general must take reasonable steps to ask the young adult, at least once each year, whether the young adult agrees to the director‑general reviewing the plan.
	(3)	If the young adult agrees to the director‑general reviewing the plan, the director general must review the plan in consultation with the young adult.
	(4)	The director‑general may, if the director‑general considers that it is in the best interests of the young adult, and the young adult agrees, review the plan in consultation with 1 or more of the following people:
	(a)	a previous out‑of‑home carer;
	(b)	anyone else who would be involved in implementing the transition plan as it is to be revised; and
	(c)	for an Aboriginal or Torres Strait Islander young adult—
	(i)	any Aboriginal or Torres Strait Islander people who have an interest in the wellbeing of the young adult through family, kinship or cultural ties; and
	(ii)	any Aboriginal or Torres Strait Islander people or organisation that will be providing ongoing support services to the young adult; and
	(d)	anyone else the director‑general considers would be able to provide information or guidance about the plan as it is to be revised.
	(5)	The director‑general must give a copy of the revised transition plan to—
	(a)	the young adult; and 
	(b)	anyone else who would be involved in implementing the revised plan.
Division 15.5.3	Assistance after leaving out‑of‑home care
529J	Assistance generally
	(1)	The director‑general must provide a young person, or young adult, who has left out‑of‑home care with the services that the director‑general considers appropriate.
	(2)	Without limiting subsection (1), the director‑general must provide the young person, or young adult, with services to assist the young person, or young adult, with obtaining—
	(a)	accommodation; and
	(b)	education and training; and
	(c)	employment; and
	(d)	financial security; and
	(e)	legal advice; and
	(f)	social support; and
	(g)	life skills support; and
	(h)	health care.
Examples
1	physical health
2	mental health
3	emotional health
4	sexual health
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	This section does not require the director‑general to pay for any service.
Note	Financial assistance may be available under s 529K.
529K	Financial assistance
	(1)	The director‑general may provide financial assistance to a young person, or young adult, who has left out‑of‑home care.
	(2)	The director‑general may provide financial assistance only if satisfied on reasonable grounds that the assistance is—
	(a)	for an appropriate purpose; and
	(b)	reasonably necessary considering the young person’s, or young adult’s, circumstances.
Examples—appropriate purposes
1	for furnishing accommodation
2	for education or training
3	for seeking employment
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The director‑general may provide financial assistance on the conditions that the director‑general considers appropriate.
Example—condition
that the financial assistance be repaid according to a repayment schedule
	(4)	However, if the director‑general provides financial assistance in the form of a loan to a young person or young adult, no interest is to be payable on the loan.
	(5)	The Minister may make guidelines about appropriate purposes for financial assistance.
	(6)	A guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Division 15.5.4	Entitlement to personal items and access to protected information
529L	Entitlement to personal items
A young person, or young adult, who has left out‑of‑home care is entitled to have and keep, free of charge, all of the young person’s or young adult’s personal items that are held by—
	(a)	the director‑general; or
	(b)	an out‑of‑home carer for the young person or young adult.
Note	Some out‑of‑home carers are required to keep personal items during placements (see div 15.4.3).
529M	Access to protected information—young person
	(1)	This section applies if a young person who has left out‑of‑home care asks for access to protected information about the young person that is held by—
	(a)	the director‑general; or
	(b)	an out‑of‑home carer for the young person.
Note 1	Protected information—see s 844.
Note 2	Some out‑of‑home carers are required to keep protected information (see div 15.4.3).
	(2)	The director‑general may, if satisfied on reasonable grounds that it is in the young person’s best interests—
	(a)	give the young person access, free of charge, to the protected information held by the director‑general; and
	(b)	direct the out‑of‑home carer to give the young person access, free of charge, to the protected information held by the out‑of‑home carer.
	(3)	A direction under subsection (2) (b) may be conditional.
	(4)	If the director‑general gives an out‑of‑home carer a direction, the out‑of‑home carer must comply with the direction.
	(5)	If the direction is subject to a condition about the access, the out‑of‑home carer must comply with the condition.
529N	Access to protected information—young adult
A young adult who has left out‑of‑home care is entitled to have access, free of charge, to protected information about the young adult that is held by—
	(a)	the director‑general; or
	(b)	an out‑of‑home carer for the young adult.
Note 1	Protected information—see s 844.
Note 2	Some out‑of‑home carers are required to keep protected information (see div 15.4.3).
529O	Access to protected information—support and assistance
	(1)	If a young person or young adult seeks access to protected information under this division, the director‑general must provide an appropriate person to support and assist the young person, or young adult, accessing the information.
	(2)	The Minister may make guidelines about appropriate people and the support and assistance they may provide to a young person, or young adult, accessing protected information under this division.
	(3)	A guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
20	Definitions—Act and ch 16
Section 530 (2), definition of transition plan
substitute
therapeutic protection transition plan—see section 538 (What is a therapeutic protection transition plan?).
21	Section 538 heading
substitute
538	What is a therapeutic protection transition plan?
22	Section 538, definition of transition plan
omit
transition plan
substitute
therapeutic protection transition plan
23	Therapeutic protection order—application to state grounds etc
Section 540 (d) (ii)
substitute
	(ii)	a therapeutic protection transition plan for the child or young person; and
24	Dictionary, definition of care entities
substitute
care entities, for a child or young person for a placement, for division 15.4.3 (Information and items to be kept by foster carers and residential care services)—see section 526.
25	Dictionary, new definitions
insert
charter of rights—see section 511A.
in out‑of‑home care—see section 507A.
leave out‑of‑home care, for part 15.5 (Transition to independence)—see section 529C.
26	Dictionary, definition of personal information
omit
27	Dictionary, new definition of personal items
insert
personal items, for a child, young person or young adult—
	(a)	means items belonging to, or about, the child, young person or young adult; and
	(b)	includes the following:
	(i)	a birth certificate;
	(ii)	a passport;
	(iii)	a school report;
	(iv)	a medical report;
	(v)	a copy of a photograph; but
	(c)	does not include sensitive information about another person.
Note	Sensitive information—see s 845.
28	Dictionary, definition of placement
substitute
placement, for a child or young person, for division 15.4.3 (Information and items to be kept by foster carers and residential care services)—see section 526.
29	Dictionary, new definition of therapeutic protection transition plan
insert
therapeutic protection transition plan, for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 538.
30	Dictionary, definition of transition plan
substitute
transition plan, for a young person or young adult—see section 529D.
31	Dictionary, new definition of young adult
insert
young adult, for part 15.5 (Transition to independence)—see section 529B.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011