EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Children and Young People Bill 2007

(in 2 volumes)

Volume 1 contains chapters 1 to 13
Volume 2 contains chapters 14 to 30 and dictionary

Each volume has its own table of contents

EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Children and Young People Bill 2007

Contents
	Page
Chapter 1	Preliminary
Part 1.1	Introduction
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	3
	4	Notes	3
	5	Offences against Act—application of Criminal Code etc	3
	6	Application of Act to children and young people	4
Part 1.2	Objects, principles and considerations
	7	Main objects of Act	5
	8	Principles applying to Act	6
	9	Indigenous children and young people principle	7
	10	Best interests of children and young people paramount consideration	8
Part 1.3	Important concepts
Division 1.3.1	Definitions
	11	Who is a child?	9
	12	Who is a young person?	9
	13	Who is a family member of a person?	9
	14	Who is a relative of a child or young person?	10
Division 1.3.2	Parental responsibility
	15	What is parental responsibility?	10
	16	Parents have parental responsibility	11
	17	Aspects of parental responsibility may be transferred	11
	18	Aspects of parental responsibility may be shared	12
	19	Responsibility for day-to-day matters for children and young people	14
	20	Responsibility for long-term matters for children and young people	17
	21	Responsibility for health care treatment for children and young people	18
	22	Parents who cannot be found	19
	23	Powers of people without parental responsibility	19
Chapter 2	Administration
Part 2.1	Chief executive
	100	Chief executive’s functions	20
	101	Chief executive’s duties	21
	102	Chief executive may ask for assistance, etc	22
	103	Chief executive must give identity cards	23
Part 2.2	Childrens services council
	104	Establishment of Childrens Services Council	25
	105	Functions of Childrens Services Council	25
	106	Childrens Services Council members	25
	107	Appointment of Childrens Services Council members	25
	108	Appointment of chair and deputy	26
	109	Ending member appointments	26
	110	Presiding member at meetings	27
	111	Quorum at meetings	27
	112	Voting at meetings	27
	113	Advice and assistance by chief executive and public advocate	27
Part 2.3	Official visitors
	114	Definitions—pt 2.3	28
	115	Official visitors—appointment	28
	116	Official visitors—functions	29
	117	Official visitors—reporting to Minister	30
	118	Official visitors—reporting to chief executive	31
	119	Ending appointment of official visitors	31
	120	Complaints to official visitors	32
	121	Requests to see official visitor	33
	122	Notice of complaints	33
	123	Official visitors must try to resolve complaints	33
	124	Withdrawal of complaints	34
	125	Complaints may be closed—referral to other entity	34
	126	Complaints may be closed—other entity investigating	35
	127	Information about complaints being investigated elsewhere	36
	128	Complaints closed—frivolous, etc	36
	129	Complaints closed—resolved	36
	130	Complaints closed—cannot be resolved	37
	131	Complainant must be told if complaint closed	37
	132	Reopening complaints	38
	133	Monthly reports by official visitors	38
	134	Handover of records by official visitors	39
Part 2.4	Suitable entities for purposes under the Act
	135	Definitions—pt 2.4	40
	136	What is a suitable entity?	40
	137	Entity may apply to be suitable entity for purpose	42
	138	Chief executive may approve suitable entity for purpose	42
	139	Chief executive must consider suitability information, etc	43
	140	What is suitability information?	43
	141	Chief executive may require suitability information	44
	142	Chief executive need not decide suitability if information not provided	45
	143	Chief executive may require test etc	45
	144	Chief executive need not decide suitability if test not taken, etc	46
	145	Offence—ongoing duty to update suitability information	46
	146	Chief executive may employ etc suitable entity	48
	147	Suitable entities register	48
Chapter 3	Family group conferences
Part 3.1	Family group conferences—general
	200	Family group conferences—definitions for Act	49
	201	Family group conferences—objects	50
	202	What is a family group conference?	50
	203	What is a family group conference agreement?	51
	204	Offence—publish details of family group conferences	52
Part 3.2	Family group conferences—facilitators
	205	Family group conference facilitators—appointment	53
	206	Family group conference facilitators—functions	53
	207	Family group conference facilitators—register	54
Part 3.3	Family group conferences—arrangement and conduct
	208	Family group conferences—criteria	55
	209	Family group conferences—criteria for review conference	55
	210	Family group conferences—facilitator to organise	56
	211	Family group conferences—who must be invited	57
	212	Family group conferences—compliance with standards	57
	213	Family group conferences—parties reach agreement	58
	214	Family group conferences—young person does not agree	59
	215	Family group conferences—before family group conference agreement	59
	216	Family group conferences—outcome report	60
	217	Family group conference agreements—copy to people invited	61
	218	Family group conference agreements—implementation	61
Chapter 4	The Childrens Court and other courts
Part 4.1	The Childrens Court
	300	Childrens Court	62
	301	Jurisdiction of Childrens Court	62
	302	Jurisdiction and age	63
	303	Chief Magistrate to arrange business of Childrens Court	63
	304	Childrens Court Magistrate to hear all matters	64
Part 4.2	Childrens Court Magistrate
	305	Childrens Court Magistrate	65
	306	Acting Childrens Court Magistrate	65
	307	Assignment of other magistrates for Childrens Court matters	66
	308	Completion of part-heard matters	67
Part 4.3	Childrens Court proceedings
Division 4.3.1	Childrens Court proceedings—general
	309	Childrens Court procedure	68
	310	Interaction of people in Childrens Court precincts	68
	311	Childrens Court may make orders about service	68
	312	Parents must attend Childrens Court proceedings	69
	313	Childrens Court proceedings not open to public	70
	314	Childrens Court may excuse parties from attending	71
	315	Related applications may be heard together	71
Part 4.4	Childrens Court and other courts
	316	Participation of children and young people in proceedings	72
	317	Court must ensure children and young people etc understand proceedings	72
	318	Chief executive and public advocate may appear at proceedings	73
	319	Court may order report about guilty young people	73
	320	Report may be given to parties	74
	321	Children and young people may have legal and other representative	74
	322	Leave needed for litigation representative	75
	323	Legal representation of children and young people	75
	324	Orders about legal representation of children and young people	75
	325	Lawyer to act on instructions of children and young people	76
	326	Offence—publish identity of children and young people	77
Chapter 5	Children and young people and criminal matters
	400	Overview of criminal matters chapter	79
	401	Principles applying to criminal matters chapters	80
	402	Young offender principles	80
	403	Definitions—criminal matters chapters	81
	404	Who is a young offender?	82
	405	Other rights and freedoms not affected	82
Chapter 6	Criminal matters—proceedings
Part 6.1	Children and young people and criminal proceedings—preliminary
	500	Definitions—ch 6	83
	501	When are children and young people under restraint?	83
	502	When are children and young people in the company of a police officer?	84
Part 6.2	Children, young people and young adults—criminal proceedings in ACT
Division 6.2.1	General
	503	Saving of other laws	86
	504	Childrens Court jurisdiction and age—criminal matters	86
	505	Proceedings where children and young people jointly charged with adults	87
	506	Power to apprehend children younger than 10 years old	88
Division 6.2.2	Preliminary procedures
	507	Interviewing children and young people about offences	89
	508	Who must be told if children and young people under restraint?	92
	509	Police to summons children and young people unless ineffective	93
	510	Who must be told if children and young people charged?	93
	511	Detained children and young people to be brought before Childrens Court	94
Division 6.2.3	Escorting children and young people
	512	Other powers not limited	95
	513	Escorts to bring arrested children and young people before court etc	95
	514	Custody etc during proceedings	96
	515	Executing warrants of imprisonment and remand etc	96
	516	Custody of escorted children or young people	97
Division 6.2.4	Hearing proceedings against children and young people
	517	Procedures for hearing indictable offences	97
	518	Indictable offences may be dealt with summarily	98
	519	Indictable offences heard summarily—Childrens Court opinion	98
	520	Indictable offences disposed of summarily—agreement of children and young people	99
	521	Court may adjourn hearings to allow access to legal advice	100
	522	Childrens Court to exclude unlawfully obtained evidence	100
	523	Adjournment of proceedings	101
	524	Cases may be sent to mental health tribunal	102
	525	Power of Childrens Court to make order to decide whether mental impairment	103
Division 6.2.5	Care and protection considerations in proceedings
	526	Proceedings dismissed or adjourned for care and protection reasons	103
	527	Care of children and young people during adjournment	104
	528	Chief executive must report to court and public advocate	106
	529	Court action after adjournment	106
Chapter 7	Criminal matters—sentencing and non-conviction options
Part 7.1	Interpretation
	600	Meaning of guilty young person and good behaviour order—criminal matters chapters	108
	601	Definitions—ch 7	108
Part 7.2	Guilty young people—sentencing courts
	602	Childrens Court may send cases to Supreme Court for sentencing	109
	603	Powers of Supreme Court after conviction	109
	604	Supreme Court may send cases to Childrens Court for sentencing	110
	605	Imposition of penalties	111
Part 7.3	Conviction and non-conviction options generally
Division 7.3.1	Non-conviction orders
	606	Non-conviction orders—general	113
	607	Limit on good behaviour orders without conviction	114
	608	Non-conviction orders—ancillary orders	114
	609	Notice of non-conviction orders and ancillary orders	116
Division 7.3.2	Conviction orders
	610	Conviction orders—general	116
	611	Limits on making some orders	117
	612	Childrens Court must not order imprisonment	118
	613	Childrens Court may prevent reduction of commitment	118
Part 7.4	Sentencing procedures
Division 7.4.1	Pre-sentence reports
	614	Application—div 7.4.1	119
	615	Pre-sentence reports may be ordered	119
	616	Pre-sentence reports—contents	120
	617	Pre-sentence reports—powers of chief executive	121
	618	Pre-sentence reports—provision to court	122
	619	Pre-sentence reports—availability of written reports	122
	620	Pre-sentence reports—cross-examination	123
Division 7.4.2	Victim impact statements
	621	Application—div 7.4.2	123
	622	Definitions—div 7.4.2	124
	623	Victim impact statements—who may make	125
	624	Victim impact statements—oral and written	125
	625	Victim impact statements—form and contents	125
	626	Victim impact statements—use in court	126
	627	When written victim impact statement may be given	127
	628	Cross-examination of people making victim impact statement	127
	629	Victim impact statements—effect on sentencing	128
Division 7.4.3	Taking additional offences into account
	630	Application—div 7.4.3	129
	631	Definitions—div 7.4.3	129
	632	List of additional offences	130
	633	Outstanding additional offences taken into account in sentencing	130
	634	Ancillary orders relating to offences taken into account in sentencing	131
	635	Consequences of taking offences into account in sentencing	132
	636	Evidence of offences taken into account in sentencing	133
Division 7.4.4	Correction and adjustment of penalties
	637	Reopening proceedings to correct penalty errors	133
Part 7.5	Particular orders—committal orders
Division 7.5.1	Committal orders generally
	638	Meaning of committal order—Act	135
	639	Commitment of guilty young people	135
Division 7.5.2	Commitment—explanation and information
	640	Application—div 7.5.2	136
	641	Commitment—explanation to young offenders and others	136
	642	Commitment—written record of explanation	139
	643	Commitment—notice of sentence	139
Part 7.6	Particular orders—suspended sentence orders
	644	Suspended sentences	141
Part 7.7	Particular orders—good behaviour orders
Division 7.7.1	Good behaviour orders generally
	645	Definitions—pt 7.7	142
	646	Good behaviour orders	142
	647	Good behaviour orders—explanation to young offenders and others	144
	648	Good behaviour orders—notice	145
	649	Contravention of good behaviour order	147
Division 7.7.2	Good behaviour orders—non‑association conditions
	650	Application—div 7.7.2	148
	651	Meaning of non-association condition—div 7.7.2	148
	652	Non-association conditions—grounds for making	149
	653	Non-association conditions—maximum period	150
	654	Non-association conditions—disclosure of identifying information	150
Division 7.7.3	Good behaviour orders—place restriction conditions
	655	Application—div 7.7.3	152
	656	Meaning of place restriction condition—div 7.7.3	152
	657	Place restriction conditions—grounds for making	152
	658	Place restriction conditions—maximum period	153
Division 7.7.4	Good behaviour orders—community service conditions
	659	Application—div 7.7.4	154
	660	Meaning of community service condition—Act	154
	661	Community service—eligibility	154
	662	Community service—suitability	155
	663	Community service—pre-sentence report matters	157
	664	Community service—hours to be performed	157
	665	Community service—2 or more good behaviour orders	158
Division 7.7.5	Good behaviour orders—rehabilitation conditions
	666	Application—div 7.7.5	158
	667	Meaning of rehabilitation condition—Act	159
	668	Rehabilitation conditions—eligibility	159
	669	Rehabilitation conditions—suitability	160
	670	Rehabilitation conditions—maximum period	161
	671	Rehabilitation conditions—2 or more good behaviour orders	161
Division 7.7.6	Good behaviour orders—education and training conditions
	672	Application—div 7.7.6	162
	673	Meaning of education and training condition—Act	162
	674	Education and training conditions—eligibility	162
	675	Education and training conditions—suitability	163
	676	Education and training conditions—maximum period	164
	677	Rehabilitation conditions—2 or more good behaviour orders	165
Division 7.7.7	Good behaviour orders—supervision conditions
	678	Application—div 7.7.7	165
	679	Meaning of supervision condition—Act	165
	680	Supervision conditions—when required	166
	681	Supervision conditions—maximum period	166
	682	Supervision conditions—2 or more good behaviour orders	166
Part 7.8	Particular orders—reparation orders
	683	Meaning of reparation order—Act	167
	684	Reparation orders—losses and expenses generally	167
	685	Reparation orders—stolen property	168
	686	Reparation orders—no agreement about amount of loss etc	170
	687	Reparation orders—payment by instalments	170
	688	Reparation orders—evidential basis for orders	170
	689	Reparation orders—enforcing non-money order	171
	690	Reparation orders—power to make other orders etc	172
	691	Reparation orders—Confiscation of Criminal Assets Act	172
	692	Reparation orders—notice	173
Part 7.9	Particular orders—accommodation orders
	693	Meaning of accommodation order—Act	175
	694	Accommodation orders—when cannot be made	175
	695	Accommodation orders—considerations	176
	696	Accommodation orders—maximum period	177
	697	Accommodation orders—2 or more orders	177
Part 7.10	Particular orders—deferred sentence orders
Division 7.10.1	Deferred sentence orders generally
	698	Meaning of deferred sentence order—Act	178
	699	Deferred sentence orders generally	178
	700	Deferred sentence orders—automatic cancellation on bail revocation	179
	701	Deferred sentence orders—relationship with Bail Act	180
Division 7.10.2	Deferred sentence orders—making
	702	Application—div 7.10.2	181
	703	Meaning of deferred sentence obligations—Act	181
	704	Deferred sentence orders—eligibility	181
	705	Deferred sentence orders—suitability	182
	706	Deferred sentence orders—indication of penalties	183
	707	Deferred sentence orders—review requirements in orders	183
	708	Deferred sentence orders—obligations	183
	709	Deferred sentence orders—explanation and notice	184
	710	Deferred sentence orders—period of effect	185
Division 7.10.3	Deferred sentence orders—supervision
	711	Application—div 7.10.3	186
	712	Deferred sentence orders—obligations breached	186
	713	Deferred sentence orders—arrest warrant	186
	714	Deferred sentence orders—notice of review	187
	715	Deferred sentence orders—review	188
	716	Deferred sentence order—summons to attend court	189
Division 7.10.4	Deferred sentence orders—amendment or cancellation
	717	Deferred sentence orders—court’s powers on review	190
	718	Deferred sentence orders—when amendments take effect	190
	719	Deferred sentence orders—when cancellation takes effect	191
	720	Deferred sentence orders—effect of cancellation	192
Part 7.11	Other orders
	721	Meaning of fine order—Act	193
	722	Fine orders—making	193
	723	Fine orders—notice	194
	724	Enforcement of fine orders	195
	725	Driver licence disqualification orders—motor vehicle theft	196
	726	Driver licence disqualification orders—notice	197
Part 7.12	Combination sentences
	727	Application—pt 7.12	198
	728	Combination sentences—offences punishable by imprisonment	198
	729	Combination sentences—offences punishable by fine	199
	730	Combination sentences—start and end	200
Part 7.13	Sentencing—miscellaneous
	731	Operation of ancillary and reparation orders	201
	732	Reparation—other actions for recovery	202
	733	Effect of failure to comply with Act	203
Chapter 8	Criminal matters—sentence administration
Part 8.1	Detention of young offenders generally
	800	Transporting young offenders to and from court	204
	801	Detaining young offenders at court	204
	802	Unlawful absence by young offender—extension of sentence	205
Part 8.2	Commitment
Division 8.2.1	Commitment—start and end of sentences
	803	Start and end of sentences—general rule	206
	804	Start of sentences—backdated sentences	206
Division 8.2.2	Effect and operation of committal orders
	805	Application—div 8.2.2	207
	806	Effect of committal order	208
	807	Warrant for commitment	208
	808	Custody of sentenced young offender	209
	809	Commitment not affected by lack of proper warrant	209
Division 8.2.3	Commitment—multiple sentences
	810	Definitions—div 8.2.3	209
	811	Application—div 8.2.3	209
	812	Sentences to be concurrent	210
	813	Amendment of start of sentences on setting aside or amending other sentences	210
Part 8.3	Remand
	814	Application—pt 8.3	211
	815	Definitions—pt 8.3	211
	816	Effect of remand order	211
	817	Warrant for remand	212
	818	Custody of young remandee	213
	819	Remand not affected by lack of proper warrant	214
Part 8.4	Committal—miscellaneous
	820	Directions to escort officers	215
	821	Orders to bring young offenders and young remandees before court etc	215
Part 8.5	Detention
Division 8.5.1	General
	822	Application—pt 8.5	216
	823	Definitions—Act and ch 8	217
Division 8.5.2	Serving detention
	824	Detention obligations	217
	825	Detention—chief executive directions	218
	826	Chief executive to arrange detention	218
	827	Guidelines—allocation of young detainees to detention places	218
	828	Release at end of sentence	218
	829	Young offender not to be released if serving another sentence etc	219
Part 8.6	Young offenders under good behaviour orders
Division 8.6.1	Serving good behaviour orders generally
	830	Application—pt 8.6	220
	831	Definitions—pt 8.6	220
	832	Good behaviour obligations	221
	833	Good behaviour orders—core conditions	222
	834	Good behaviour orders—end	223
Division 8.6.2	Good behaviour orders—doing community service work
Subdivision 8.6.2.1	Community service work generally
	835	Definitions—Act and div 8.6.2.	224
	836	Protection from liability for people involved in community service work	224
	837	Community service work not to displace employees	225
	838	No employment contract for community service work	225
	839	Community service work—occupational health and safety	226
Subdivision 8.6.2.2	Doing community service work
	840	Application—sdiv 8.6.2.2	226
	841	Definitions—sdiv 8.6.2.2	226
	842	Compliance with community service condition	227
	843	Community service work—chief executive directions	227
	844	Community service work—effect of chief executive and other directions	228
	845	Community service work—failure to report etc	229
	846	Community service work—maximum daily hours	230
	847	Community service work—health disclosures	231
	848	Community service work—reports by entities	231
Division 8.6.3	Good behaviour orders—complying with rehabilitation conditions
	849	Application—div 8.6.3	232
	850	Compliance with rehabilitation condition	232
	851	Rehabilitation conditions—chief executive directions	232
	852	Rehabilitation program providers—reports by providers	233
Division 8.6.4	Good behaviour orders—complying with supervision condition
	853	Authorised people to report breach of good behaviour obligations	234
	854	Good behaviour orders—good behaviour obligations breached	234
	855	Good behaviour orders—warrants for breach of good behaviour obligations etc	235
	856	Good behaviour orders—summons to attend court	236
Division 8.6.5	Good behaviour orders—breach
	857	Offence committed while under good behaviour order	237
	858	Court powers—breach of good behaviour obligations	237
	859	Cancellation of good behaviour order made as non‑conviction order	239
	860	Cancellation of good behaviour order with suspended sentence order	239
Division 8.6.6	Good behaviour orders—amendment and discharge
	861	Court powers—amendment and discharge of good behaviour orders	241
	862	Good behaviour orders—limits on amendment and discharge	242
Division 8.6.7	Good behaviour—miscellaneous
	863	Good behaviour order proceedings—rights of interested people	243
	864	Good behaviour orders—court powers after end	243
Part 8.7	Accommodation orders
	865	Accommodation orders—contraventions	244
	866	Accommodation orders—resentencing for breach	244
Part 8.8	Victim and young offender information
	867	Definitions—pt 8.8	246
	868	Meaning of victim—Act	246
	869	Victims register	246
	870	Disclosures to registered victims about sentencing and release	247
Part 8.9	Remissions and pardons
	871	Meaning of remissions advisory board—pt 8.9	249
	872	Reduction of time to be spent in detention place	249
	873	Remissions advisory board	250
	874	Ending appointment of remissions advisory board members	250
	875	Function of remissions advisory board	251
	876	Remission and reduction of certain penalties	251
	877	Grant of pardons	252
	878	Prerogative of mercy	252
Chapter 9	Criminal matters—transfers
Part 9.1	Transfers within ACT
Division 9.1.1	Important concepts—pt 9.1
	900	Definitions—pt 9.1	253
	901	Transfer directions	254
	902	Directions to escort officers	254
	903	Orders to bring young detainee before court etc	255
Division 9.1.2	Escorting young detainees
	904	Other powers not limited	255
	905	Escorting arrested children and young people to court etc	256
	906	Custody etc during proceedings	256
	907	Executing warrants of commitment or remand etc	257
	908	Custody of escorted children and young people	257
Division 9.1.3	Transfers between detention places
	909	Transfers between detention places on application	257
	910	Transfer directions because of behaviour	258
Division 9.1.4	Transfers to health facilities
	911	Transfers to health facilities	259
Division 9.1.5	Transfers of young offenders who become adults
	912	Application—div 9.1.5	260
	913	Transfers to correctional centres	260
	914	Twenty-one year olds etc	261
	915	Effect of transfer directions for adult young offenders	261
Part 9.2	Interstate transfers
Division 9.2.1	Interstate transfer generally
	916	Definitions—pt 9.2	262
	917	General agreements with other jurisdictions	263
	918	Transfer arrangements—general	263
	919	Power to arrange for transfers	264
	920	Transfer arrangements—facilities must be adequate	266
	921	Transfer arrangements—content	266
	922	Notice of transfer of young detainees from ACT to State	267
	923	Transfer orders	268
	924	Temporary custody pending interstate transfer	269
	925	Transfer to ACT in temporary control of transfer escort	269
	926	Offence—escapes during transfer	269
	927	Chief executive directions—custody under Act	270
	928	Evidentiary certificates—custody	270
Division 9.2.2	Transfer of sentence or order
	929	Meaning of sentence—div 9.2.2	272
	930	Transfer from ACT of sentence or order	273
	931	Transfer to ACT of sentence or order	274
Division 9.2.3	Transit through ACT
	932	Person in charge may receive young detainees	275
	933	Lawful custody for transit through ACT	275
	934	Escapees may be apprehended without warrant	276
	935	Escapees to be brought before magistrate	276
	936	Court may arrange transfer of apprehended escapees	276
	937	Search warrants for escapees	278
Division 9.2.4	Revocation of transfer orders
	938	Revocation of transfer order—offence during transfer	279
	939	Revocation of transfer order by chief executive	280
	940	Chief executive may consider reports etc	280
Chapter 10	Criminal matters—detention places
Part 10.1	Objects, principles and interpretation
	1000	Application—ch 10	281
	1001	Definitions—ch 10	281
	1002	Main object and principles—ch 10	283
	1003	Treatment of young detainees generally	284
	1004	Treatment of young remandees	284
	1005	Detention places—minimum living conditions	285
	1006	Detention places—right to information	286
	1007	Detention places—chief executive to provide education and training	287
	1008	Detention places—adequate planning for return to community	287
Part 10.2	Administration
Division 10.2.1	Administration—general
	1009	Detention places—declaration	288
	1010	Youth detention policies and operating procedures	288
	1011	Exclusion of matters from notified youth detention policies etc	289
	1012	Copies of Act, policies etc to be available for inspection at detention place	290
	1013	Chief executive directions	290
	1014	Prohibited areas	291
	1015	Declaration of emergency	291
	1016	Emergency powers	292
	1017	Police assistance	293
	1018	Assistance from other chief executives	293
Part 10.3	Inspection at detention places
	1019	Inspections by judicial officers, Assembly members etc	294
Part 10.4	Admission to detention places
	1020	Meaning of admission—pt 10.4	295
	1021	Authority for detention	295
	1022	Detention—notifying people with responsibility for young detainees	295
	1023	Identification of young detainees	296
	1024	Information—entitlements and obligations	297
	1025	Initial assessment	298
	1026	Health assessment	298
	1027	Security classification	299
	1028	Case management plan	299
	1029	Entries in register of young detainees	299
	1030	Telephone call on admission	299
	1031	Requirements and considerations about placement of young detainees	300
Part 10.5	Living conditions at detention places
	1032	Food and drink	301
	1033	Clothing	302
	1034	Personal hygiene	302
	1035	Sleeping areas	303
	1036	Access to open air and exercise	303
	1037	Telephone calls	303
	1038	Mail	305
	1039	News and education	306
	1040	Visits by family members etc	307
	1041	Visits by accredited people	308
	1042	Health care	308
	1043	Chief executive’s consent to medical treatment for young detainees	310
	1044	Notifying person with parental responsibility about injury etc	310
	1045	Religious observance etc	311
Part 10.6	Management and security
Division 10.6.1	Management and security—general
	1046	Compliance with chief executive’s directions	313
	1047	Register of young detainees	313
	1048	Health reports	314
	1049	Use of medicines	315
	1050	Case management plans—scope etc	316
	1051	Transgender and intersex young detainees—sexual identity	317
	1052	Security classification—basis etc	318
	1053	Property of young detainees	319
	1054	Trust accounts of young detainees	320
Division 10.6.2	Monitoring
	1055	Disapplication of Listening Devices Act	321
	1056	Monitoring—general considerations	321
	1057	Notice of monitoring	321
	1058	Monitoring at detention places	322
	1059	Monitoring telephone calls etc	322
	1060	Monitoring mail	323
Division 10.6.3	Segregation
	1061	Definitions—div 10.6.3	324
	1062	Purpose of segregation under div 10.6.3	325
	1063	Segregation—safety and security	325
	1064	Segregation—protective custody	326
	1065	Segregation—health etc	326
	1066	Notice of segregation directions	327
	1067	Review of segregation directions	327
	1068	End of segregation directions	328
	1069	Segregation not to affect minimum living conditions	329
	1070	Application for review of segregation directions	329
	1071	Review of segregation directions	329
	1072	Notice of decision about segregation direction	330
	1073	Other separation of young detainees	331
Division 10.6.4	Use of force
	1074	Managing use of force	331
	1075	Authority to use force	332
	1076	Application of force	333
Division 10.6.5	Access to detention places
	1077	Visiting conditions	334
	1078	Notice of visiting conditions	334
	1079	Taking prohibited things etc into detention place	335
	1080	Directions to visitors	335
	1081	Directions to leave detention place etc	336
	1082	Removing people from detention place	336
Division 10.6.6	Maintenance of family relationships
	1083	Application—div 10.6.6	337
	1084	Definitions—div 10.6.6	337
	1085	Chief executive may allow young child to stay with young detainee	337
Part 10.7	Alcohol and drug testing
Division 10.7.1	General
	1086	Definitions—pt 10.7	339
	1087	Positive test samples	339
Division 10.7.2	Alcohol and drug testing—detainees
	1088	Alcohol and drug testing of young detainees	340
	1089	Effect of positive test sample by young detainee	341
	1090	Evidentiary certificates—alcohol and drug testing	342
Division 10.7.3	Alcohol and drug testing—authorised people
	1091	Alcohol and drug testing of authorised people	343
Part 10.8	Young detainees—leave
Division 10.8.1	Local leave
	1092	Chief executive may give leave of absence from detention	345
	1093	Leave authority	345
	1094	Contravention of condition	346
Division 10.8.2	Interstate leave
Subdivision 10.8.2.1	General
	1095	Definitions—div 10.8.2	347
	1096	Declaration of corresponding leave laws	347
Subdivision 10.8.2.2	ACT permits for interstate leave
	1097	Interstate leave permits	348
	1098	Effect of ACT permit for interstate leave	349
	1099	Notice to participating States	349
	1100	Powers of escort officers—interstate leave	350
	1101	Liability for damage etc	350
Subdivision 10.8.2.3	Interstate leave under corresponding leave laws
	1102	Effect in ACT of interstate leave permit under corresponding leave law	351
	1103	Powers of interstate escort officers	351
	1104	Escape of interstate young detainee	351
	1105	Return of escaped interstate young detainee	352
Division 10.8.3	Leave—miscellaneous
	1106	Lawful temporary absence from detention place	353
	1107	Personal injury management—young detainees etc	353
	1108	Declaration of corresponding law	354
Chapter 11	Criminal matters—search and seizure at detention places
Part 11.1	Preliminary—ch 11
	1200	Definitions—ch 11	355
	1201	Relationship with other laws	357
	1202	Prohibited things	357
	1203	Authorised health professionals	358
Part 11.2	Searches generally
	1204	Intrusiveness of searches	359
	1205	Register of searches	359
	1206	Searches of transgender and intersex young detainees	361
	1207	Notice of strip and body searches—person with parental responsibility for detainee	361
Part 11.3	Scanning, frisk and ordinary searches
	1208	Directions for scanning, frisk and ordinary searches	362
	1209	Requirements for scanning, frisk and ordinary searches	362
Part 11.4	Strip searches—young detainees
	1210	Strip searches on admission to detention place	364
	1211	Strip searches if no-one with responsibility for young detainee available	364
	1212	Strip searches on admission—directing person to leave	365
	1213	Removing people from search area	366
	1214	Strip searches directed by chief executive	366
	1215	Obligations on authorised person before strip searches	367
	1216	Authorised people and strip searches	367
	1217	Strip searches—general rules	368
	1218	Strip searches—rules about visual inspection of young detainee’s body	369
	1219	Strip searches—rules about young detainees’ clothing	369
Part 11.5	Body searches—young detainees
	1220	Body searches directed by chief executive	371
	1221	Obligations of chief executive before body searches	371
	1222	People present at body searches	372
	1223	Body searches if no-one with parental responsibility available	373
	1224	Body searches—directing people to leave	374
	1225	Removing people from search area	374
	1226	Help for body searches	375
	1227	Body searches—rules about young detainees’ clothing	375
	1228	Body searches—rules about touching young detainees	376
	1229	Seizing things discovered during body searches	376
Part 11.6	Searching people other than detainees
	1230	Searches of people other than detainees	377
Part 11.7	Searches of premises and property
	1231	Searches—premises and property generally	378
	1232	Searches of young detainee cells—privileged material	379
	1233	Searches of young detainee cells—suspected privileged material	379
Part 11.8	Searches—use of force
	1234	Searches—managing use of force	380
	1235	Searches—authorised use of force	381
Part 11.9	Seizing property
	1236	Seizing mail etc	382
	1237	Seizing property—general	384
	1238	Notice of seizure	384
	1239	Forfeiture of things seized	385
	1240	Return of things seized but not forfeited	387
Chapter 12	Criminal matters—discipline at detention places
Part 12.1	General
	1300	Application—ch 12	388
	1301	Definitions—ch 12	388
	1302	Meaning of disciplinary breach	389
	1303	Meaning of investigator	391
	1304	Meaning of privilege	392
	1305	Overlapping disciplinary breaches and criminal offences	392
Part 12.2	Disciplinary investigations
Division 12.2.1	Investigation of disciplinary breaches
	1306	Report etc by authorised people	394
	1307	Notice to young detainee of allegation report	395
	1308	Right to contact advocate—internal inquiry	395
	1309	Investigator’s response to allegation report etc	396
	1310	Investigator to report to administrator	397
	1311	Action by administrator	397
	1312	Disciplinary charge	398
Part 12.3	Discipline on breach
Division 12.3.1	Disciplinary action—with accused detainee’s consent
	1313	Meaning of presiding officer—div 12.3.1	400
	1314	Disciplinary breach admitted by accused detainee	400
	1315	Presiding officer’s powers—breach admitted by accused detainee	401
Division 12.3.2	Internal disciplinary inquiry
	1316	Meaning of presiding officer—div 12.3.2	401
	1317	Disciplinary inquiry into charge	402
	1318	Presiding officer’s powers after internal inquiry	402
Division 12.3.3	External review of inquiry decisions
	1319	Definitions—div 12.3.3	403
	1320	Appointment of adjudicators	403
	1321	Right to contact advocate—external review	404
	1322	Application for review by adjudicator	405
	1323	Review by adjudicator	405
	1324	Refusal to review s 1318 decision	405
	1325	Adjudicator’s powers after review	406
Division 12.3.4	Disciplinary action generally
	1326	Application—div 12.3.4	407
	1327	Meaning of relevant residing officer—div 12.3.4	407
	1328	Disciplinary action by relevant presiding officer	408
	1329	Administrative penalties	408
	1330	Maximum administrative penalties	409
	1331	Privileges and entitlements—impact of discipline	409
	1332	Record of disciplinary action	409
Chapter 13	Conduct of disciplinary inquiries
Part 13.1	Conduct of disciplinary inquiries—general
	1400	Application—ch 13	411
	1401	Definitions—ch 13	411
Part 13.2	Disciplinary inquiry procedures
	1402	Nature of disciplinary inquiries	412
	1403	Notice of disciplinary inquiry etc	412
	1404	Conduct of disciplinary inquiries	413
	1405	Presiding officer may require official reports	414
	1406	Presiding officer may require information and documents	414
	1407	Possession of inquiry documents etc	415
	1408	Record of inquiry	415
Part 13.3	Disciplinary hearing procedures
	1409	Notice of disciplinary hearing	416
	1410	Presiding officer’s powers at inquiry	416
	1411	Rights of accused detainee at disciplinary hearing	417
	1412	Exclusion of accused detainee from hearing	418
	1413	Hearing in accused detainee’s absence	418
	1414	Appearance at disciplinary hearing by audiovisual or audio link	418
Chapter 14	Care and protection—general
Part 14.1	Application of care and protection chapters
	1500	What are the care and protection chapters?	420
	1501	Age—proof of age to be sought before action taken	421
	1502	Age—application of care and protection chapters if no proof of age	421
	1503	Age—care and protection chapters stop applying if person discovered to be adult	422
	1504	Care and protection chapters stop applying when young person becomes adult	422
Part 14.2	Important concepts for care and protection chapters
	1505	Definitions—care and protection chapters	424
	1506	What is abuse?	425
	1507	What is neglect?	425
	1508	When are children and young people at risk of abuse or neglect?	426
	1509	When are children and young people in need of care and protection?	427
	1510	Incident need not have happened in ACT	428
	1511	Who is a former caregiver?	429
	1512	What is contact with a person?	430
Part 14.3	Principles and considerations for care and protection chapters
	1513	What is in best interests of child or young person?	431
	1514	Care and protection principles	432
	1515	Helping families understand care and protection procedures	433
	1516	Views and wishes of children and young people	435
Chapter 15	Care and protection—reporting, investigating and appraising abuse and neglect
Part 15.1	Care and protection—reporting abuse and neglect
Division 15.1.1	Definitions
	1600	Definitions—Act	436
Division 15.1.2	Reporting abuse and neglect of children and young people
	1601	Voluntary reporting of abuse and neglect	436
	1602	Offence—mandatory reporting of abuse and neglect	437
	1603	Exception to s 1602—someone else has made same report	439
	1604	Reports made to public advocate	439
	1605	Chief executive to record abuse and neglect reports	440
	1606	Chief executive to act on abuse and neglect reports	440
Division 15.1.3	Prenatal reporting of anticipated abuse and neglect
	1607	Prenatal reporting—anticipated abuse and neglect	442
	1608	Offence—dishonest prenatal report	443
	1609	Chief executive to record prenatal reports	443
Part 15.2	Care and protection—preliminary investigations
	1610	Preliminary investigation—visual examination and interview	444
	1611	Preliminary investigation—with agreement	444
	1612	Preliminary investigation—acknowledgement of agreement	445
	1613	Preliminary investigation—without agreement	446
	1614	Preliminary investigation—entry to schools, health facilities and childcare services	446
Part 15.3	Care and protection—appraisals
Division 15.3.1	Definitions
	1615	What is a care and protection appraisal?	448
	1616	What is a professional assessment?	449
Division 15.3.2	Appraisal with agreement or order
	1617	Care and protection appraisal—only with agreement or appraisal order	450
	1618	Care and protection appraisal—with agreement	450
	1619	Care and protection appraisal—acknowledgement of agreement	451
Division 15.3.3	Appraisal orders
	1620	What is an appraisal order?	453
	1621	What is a temporary custody provision?	454
	1622	Offence—contravene appraisal order	454
	1623	Appraisal orders—prevails over care and protection orders	455
	1624	Appraisal orders—application by chief executive	455
	1625	Appraisal orders—urgent applications	456
	1626	Appraisal orders—application to state grounds	456
	1627	Appraisal orders—who must be given application	457
	1628	Appraisal orders—court to consider application promptly	457
	1629	Appraisal orders—no interim orders	457
	1630	Appraisal orders—court to consider previous refusal	458
	1631	Appraisal orders—criteria for making	458
	1632	Appraisal orders—different provisions and requirements	459
	1633	Appraisal orders—length	460
	1634	Appraisal orders—extension application	460
	1635	Appraisal orders—extension application must state grounds	460
	1636	Appraisal orders—urgent extension applications	461
	1637	Appraisal orders—who must be given extension application?	461
	1638	Appraisal orders—court to consider extension application promptly	461
	1639	Appraisal orders—criteria for extension	462
Division 15.3.4	Chief executive’s action after appraisal
	1640	Chief executive must record appraisal	463
	1641	Public advocate to be told about some appraisals	463
Chapter 16	Care and protection—voluntary agreements to transfer or share parental responsibility
Part 16.1	Definitions
	1700	Definitions—ch 16	465
Part 16.2	Registration of family group conference agreements that transfer or share parental responsibility
	1701	Registered family group conference agreement—application	466
	1702	Registered family group conference agreement—registration	467
	1703	Registered family group conference agreement—notice	468
	1704	Registered family group conference agreement—effect and enforcement	468
Part 16.3	Voluntary agreement to share parental responsibility with chief executive
	1705	What is a voluntary care agreement?	469
	1706	Voluntary care agreements—who may initiate	470
	1707	Voluntary care agreements—who are parties	470
	1708	Voluntary care agreements—chief executive’s criteria	471
	1709	Voluntary care agreements—start day	472
	1710	Voluntary care agreements—length	472
	1711	Voluntary care agreements—extension	472
	1712	Voluntary care agreements—early ending	474
	1713	Voluntary care agreements—return of children and young people	474
Chapter 17	Care and protection—emergency situations
Part 17.1	Emergency medical treatment
	1800	When are children and young people in need of emergency medical treatment?	476
	1801	Emergency medical treatment—must try to get agreement	476
	1802	Emergency medical treatment—without agreement	477
Part 17.2	Emergency care and protection
Division 17.2.1	Emergency action
	1803	When are children and young people in need of emergency care and protection?	479
	1804	What is emergency action?	479
	1805	Emergency action—criteria for taking emergency action	480
	1806	Emergency action—assistance	481
	1807	Emergency action—certain people must be told	481
	1808	Emergency action—parental responsibility after action	482
	1809	Emergency action—length of parental responsibility	483
	1810	Emergency action—parental responsibility limited	483
	1811	Emergency action—care and protection appraisal	484
	1812	Emergency action—contact with family	484
	1813	Emergency action—application for orders	485
Division 17.2.2	Emergency action release orders
	1814	What is an emergency action release order?	486
	1815	Emergency action release order—application	486
	1816	Emergency action release order—application to state grounds	487
	1817	Emergency action release order—who must be given application	487
	1818	Emergency action release order—court to consider application promptly	487
	1819	Emergency action release order—criteria for making	488
	1820	Emergency action—return of child or young person	488
	1821	Emergency action—end of parental responsibility	489
	1822	Emergency action—chief executive must keep records	489
Chapter 18	Care and protection—care and protection orders
Part 18.1	Preliminary
	1900	Definitions—ch 18	490
	1901	What is a care and protection order?	491
	1902	Offence—contravene care and protection order	492
Part 18.2	Applications for care and protection orders
	1903	Care and protection order—application by chief executive	493
	1904	Care and protection order—application by others	494
	1905	Care and protection order—application must state provisions sought and grounds	495
	1906	Care and protection orders—who must be given application	495
	1907	Care and protection order—cross-application for different provisions	496
	1908	Care and protection order—cross-application must state provisions sought and grounds	497
	1909	Care and protection order—court to consider application and cross-application promptly	497
Part 18.3	Interim care and protection matters
Division 18.3.1	General
	1910	Interim matters—Court action before adjournment	499
	1911	Interim matters—pre-orders conference	500
Division 18.3.2	Interim care and protection orders
	1912	Interim matters—interim care and protection orders	501
	1913	Offence—contravene interim care and protection order	502
	1914	Interim care and protection orders—amendment	502
	1915	Interim care and protection orders—appeals	503
Division 18.3.3	Professional assessment orders
	1916	Interim matters—what is a professional assessment order?	504
	1917	Offence—contravene professional assessment order	505
	1918	Professional assessment orders—prevails over care and protection order	505
	1919	Professional assessment orders—court’s own initiative	505
	1920	Professional assessment orders—application by party	506
	1921	Professional assessment orders—urgent applications	506
	1922	Professional assessment orders—application to state grounds	506
	1923	Professional assessment orders—who must be given application	507
	1924	Professional assessment orders—court to consider application promptly	507
	1925	Professional assessment orders—no interim order	508
	1926	Professional assessment orders—court to consider previous refusal	508
	1927	Professional assessment orders—criteria for making	508
	1928	Professional assessment orders—length	509
	1929	Professional assessment orders—extension application	509
	1930	Professional assessment orders—extension application must state grounds	510
	1931	Professional assessment orders—urgent applications	510
	1932	Professional assessment orders—who must be given extension application?	510
	1933	Professional assessment orders—court to consider extension application promptly	511
	1934	Professional assessment orders—criteria for extension	511
Division 18.3.4	Care plans
	1935	What is a care plan?	512
	1936	Care plans—who must be consulted	513
Division 18.3.5	Orders under Domestic Violence and Protection Orders Act
	1937	Definitions—div 18.3.5	514
	1938	DVPO interim protection orders	514
	1939	DVPO final protection orders	515
	1940	What is psychological abuse of a child or young person?	517
	1941	No DVPO protection order if no proceeding under care and protection chapters	517
	1942	Effect of making DVPO protection order under this Act	518
Part 18.4	Making care and protection orders
	1943	Care and protection order—criteria for making	520
	1944	Care and protection order—length	521
Part 18.5	Extending, amending and revoking care and protection orders
	1945	Care and protection order—extension and amendment applications	523
	1946	Care and protection order—revocation applications	524
	1947	Care and protection order—application to state what sought and grounds	524
	1948	Care and protection order—who must be given extension, amendment or revocation	525
	1949	Care and protection orders—directions hearing for amendment and revocation applications	525
	1950	Care and protection order—court to consider extension, amendment and revocation applications promptly	526
	1951	Care and protection order—criteria for extensions and amendments	527
	1952	Care and protection order—criteria for revocation	528
	1953	Care and protection orders—financial burdens	528
Part 18.6	Parental responsibility provisions
Division 18.6.1	General
	1954	What is a parental responsibility provision?	529
	1955	Parental responsibility provision—only suitable entities	531
	1956	Parental responsibility provision—short or enduring	531
Division 18.6.2	Short-term parental responsibility provisions
	1957	What is a short-term parental responsibility provision?	532
	1958	Short-term parental responsibility provision—criteria for making	532
	1959	Short-term parental responsibility provision—sharing responsibility	533
	1960	Short-term parental responsibility provision—extension	533
	1961	Short-term parental responsibility provision—financial contribution	534
Division 18.6.3	Long-term parental responsibility provisions
	1962	What is a long-term parental responsibility provision?	535
	1963	Long-term parental responsibility provision—criteria for making	535
	1964	Long-term parental responsibility provision—sharing responsibility	536
	1965	Long-term parental responsibility provision—financial contribution by chief executive	536
	1966	Long-term parental responsibility provision—financial contribution by parents	537
Division 18.6.4	Enduring parental responsibility provisions
	1967	What is an enduring parental responsibility provision?	537
	1968	Enduring parental responsibility provision—criteria for making	538
	1969	Enduring parental responsibility provision—sharing responsibility	540
	1970	Enduring parental responsibility provision—financial contribution	541
Part 18.7	Contact provisions
	1971	What is a contact provision?	542
	1972	Contact provision—criteria for making	543
	1973	Contact provision—presumption about contact with family	543
	1974	Contact provision—burden of proof if not family	544
	1975	Contact provision—sibling may join proceeding without leave	544
	1976	Contact provision—making, amending or extending direction	545
Part 18.8	Drug use provisions
	1977	What is a drug use provision?	547
	1978	Drug use provision—criteria for making	547
Part 18.9	Supervision provisions
	1979	What is a supervision provision?	549
	1980	Supervision provision—criteria for making	550
	1981	Supervision provision—meetings with supervisor	551
Part 18.10	Mental health tribunal provisions
	1982	What is a mental health tribunal provision?	552
	1983	Mental health tribunal provision—criteria for making	552
Part 18.11	Specific issues provisions
	1984	What is a specific issues provision?	554
	1985	Specific issues provision—criteria for making	554
	1986	Specific issues provisions—making, amending or extending directions	555
Part 18.12	Annual review reports—parental responsibility provisions and supervision provisions
	1987	Who is a reviewable child or young person?	558
	1988	What is an annual review report?	558
	1989	Annual review report—prepared at least annually	559
	1990	Annual review report—consultation	559
	1991	Annual review report—must be given to certain people	560
	1992	Annual review report—application for waiver of obligation to give report to someone	561
	1993	Annual review report—waiver of obligation to give annual review report to someone	561
	1994	Annual review report—public advocate may require chief executive to give annual review report to someone	562
	1995	Annual review report—extension of care and protection order	562
Chapter 19	Care and Protection—chief executive has aspect of parental responsibility
Part 19.1	General
	2000	Definitions—Act and ch 19	563
	2001	Chief executive must encourage family relationships	564
	2002	Chief executive may provide assistance	564
Part 19.2	Chief executive has responsibility for health care treatment
	2003	Chief executive sharing responsibility for health care treatment	566
Part 19.3	Chief executive has responsibility for long-term matters
	2004	Chief executive must not authorise anyone else to exercise responsibility	567
	2005	Chief executive sharing responsibility for long-term matters	567
	2006	Chief executive must consult about long-term matters	568
Part 19.4	Chief executive has responsibility for day-to-day matters
Division 19.4.1	Application
	2007	Pt 19.4 applies to care and protection chapters	569
Division 19.4.2	Sharing responsibility for day-to-day matters
	2008	Chief executive sharing responsibility for day-to-day matters	570
Division 19.4.3	Placement with out-of-home carer
	2009	Who is an out-of-home carer?	570
	2010	Who is a kinship carer?	570
	2011	Who is a foster carer?	571
	2012	What is a residential care service?	571
	2013	Chief executive must place child or young person with out-of-home carer	572
	2014	Priorities for placement with out-of-home carer—indigenous child or young person	572
	2015	Chief executive shares responsibility with out-of-home carer	574
	2016	Residential care service may accommodate child or young person at place of care	574
Division 19.4.4	Authorisation of out-of-home carers and approval of places of care
	2017	Definitions	575
	2018	Authorisation of kinship carer—particular child or young person	576
	2019	Authorisation of foster carer—particular child or young person	577
	2020	Authorisation of foster carer—any child or young person	578
	2021	Authorisation of residential care service—particular child or young person	579
	2022	Authorisation of residential care service—any child or young person	580
	2023	Out-of-home carer must be given copy of authorisation	580
	2024	Revocation of kinship carer’s authorisation	581
	2025	Revocation of foster carer’s authorisation	582
	2026	Revocation of residential care service’s authorisation	583
	2027	Approval of places of care	584
Division 19.4.5	Information to be kept by foster carers and residential care services
	2028	Definitions—div 19.4.5	586
	2029	Information must be kept during placement	587
	2030	Information must be kept after placement ends	587
	2031	Child or young person must have access to information	588
Chapter 20	Care and protection—therapeutic protection of children and young people
Part 20.1	Preliminary
	2100	Definitions	589
	2101	Therapeutic protection only under therapeutic protection order	590
Part 20.2	Therapeutic protection orders
Division 20.2.1	Definitions—pt 20.2
	2102	What is a therapeutic protection order?	591
	2103	What is harmful conduct?	592
	2104	What is a risk assessment?	592
	2105	What is a therapeutic protection place?	593
	2106	What is a therapeutic protection plan?	593
	2107	What is therapeutic protection history?	594
	2108	What is a transition plan?	595
Division 20.2.2	Applications for therapeutic protection orders
	2109	Therapeutic protection order—application by chief executive	595
	2110	Therapeutic protection order—application to state grounds etc	596
	2111	Therapeutic protection orders—who must be given application	597
	2112	Therapeutic protection order—court to consider application promptly	597
Division 20.2.3	Interim therapeutic protection orders
	2113	What is an interim therapeutic protection order?	599
	2114	Interim therapeutic protection order—criteria	599
	2115	Interim therapeutic protection order—mental health referral	600
	2116	Interim therapeutic protection order—length	601
	2117	Interim therapeutic protection order—no extension, amendment, revocation or appeal	601
Division 20.2.4	Making a therapeutic protection order
	2118	Therapeutic protection order—criteria for making	601
	2119	Therapeutic protection order—length	604
	2120	Therapeutic protection order—statement of reasons	605
Division 20.2.5	Review of therapeutic protection orders
	2121	Initial review within 4 weeks	605
	2122	Ongoing review at least each 8 weeks	605
	2123	Therapeutic protection review panel recommendations	605
	2124	Therapeutic protection review panel considerations	606
	2125	Chief executive must consider recommendations	607
	2126	Chief executive to prepare review report	607
	2127	Review report to be given to certain people	608
	2128	Chief executive’s action after review	608
Division 20.2.6	Extending a therapeutic protection order
	2129	Therapeutic protection order—extension application up to 6 months	609
	2130	Therapeutic protection order—extension application longer than 6 months	610
	2131	Therapeutic protection order—extension application must state grounds etc	610
	2132	Therapeutic protection order—who must be given extension application	611
	2133	Therapeutic protection order—court to consider extension application promptly	611
	2134	Therapeutic protection order—criteria for extension up to 6 months	611
	2135	Therapeutic protection order—criteria for extension longer than 6 months	613
	2136	Therapeutic protection order extension—statement of reasons	615
Division 20.2.7	Amending or revoking a therapeutic protection order
	2137	Therapeutic protection order—application for amendment or revocation	616
	2138	Therapeutic protection order—application for amendment must state grounds etc	617
	2139	Therapeutic protection order—application for revocation must state grounds etc	618
	2140	Therapeutic protection order—who must be given application for amendment or revocation	618
	2141	Therapeutic protection order—court to consider application for amendment or revocation promptly	619
	2142	Therapeutic protection order—criteria for amendment	619
	2143	Therapeutic protection order—criteria for revocation	620
	2144	Therapeutic protection order amendment or revocation—statement of reasons	620
Part 20.3	Children and young people in therapeutic protection
Division 20.3.1	Preliminary
	2145	When is a child or young person in therapeutic protection?	621
	2146	Effect of therapeutic protection order	621
Division 20.3.2	Supervision
	2147	Therapeutic protection—supervision	622
	2148	Therapeutic protection—escort outside therapeutic protection place	622
Division 20.3.3	Visits by accredited people
	2149	Who is an accredited person?	622
	2150	Therapeutic protection—visits by accredited people must be allowed	623
	2151	Therapeutic protection—visits by accredited people	623
Division 20.3.4	Use of force
	2152	Therapeutic protection—managing use of force	623
	2153	Therapeutic protection—authorised use of force	624
	2154	Therapeutic protection—application of force	624
	2155	Therapeutic protection—medical examination after use of force	625
Division 20.3.5	Searches
Subdivision 20.3.5.1	Application and definitions—div 20.3.5
	2156	Application—div 20.3.5	625
	2157	What is a scanning search?	626
	2158	What is a frisk search?	626
	2159	What is an ordinary search?	627
	2160	What is a body search?	627
	2161	What is a strip search?	627
	2162	What is a dangerous thing?	628
Subdivision 20.3.5.2	Searches generally
	2163	Searches—intrusiveness	628
	2164	Searches—transgender or intersex child or young person	628
	2165	Searches—use of force	629
Subdivision 20.3.5.3	Scanning, frisk and ordinary searches
	2166	Scanning, frisk and ordinary searches—authorisation	629
	2167	Scanning, frisk and ordinary searches—requirements before search	630
	2168	Frisk and ordinary searches—privacy	630
	2169	Scanning, frisk and ordinary searches—clothing	631
Subdivision 20.3.5.4	Strip searches
	2170	Strip searches—authorisation	631
	2171	Strip searches—requirements before search	632
	2172	Strip searches—second authorised person must be present	632
	2173	Strip searches—support person must be present	633
	2174	Strip searches—directing support person to leave	633
	2175	Strip searches—general rules	634
	2176	Strip searches—privacy	634
	2177	Strip searches—no touching body	635
	2178	Strip searches—visual inspection of body	635
	2179	Strip searches—clothing	636
Subdivision 20.3.5.5	Body searches
	2180	Body searches—directions	636
	2181	Body searches—requirements before search	637
	2182	Body searches—authorised nurse must be present	637
	2183	Body searches—another person may be present	637
	2184	Body searches—support person must be present	638
	2185	Body searches—directing support person to leave	638
	2186	Body searches—touching body	638
	2187	Body searches—clothing	639
	2188	Body searches—assistance	639
	2189	Body searches—authorised doctor may seize things	640
Division 20.3.6	Seizing dangerous things
	2190	Seizing property—who is the owner?	640
	2191	Seizing property—dangerous things may be seized	640
	2192	Seized property—must tell owner	641
	2193	Seized property—forfeiture	641
	2194	Seized property—return	642
Part 20.4	Therapeutic protection—administration
Division 20.4.1	Therapeutic protection places
	2195	Therapeutic protection place—declaration	644
	2196	Therapeutic protection place—exclusion of matters from declaration	645
	2197	Therapeutic protection place—policies and procedures	645
Division 20.4.2	Therapeutic protection plan
	2198	Public advocate and official visitor may be given therapeutic protection plan	646
Division 20.4.3	Therapeutic protection review panel
	2199	Therapeutic protection review panel—establishment	646
	2200	Therapeutic protection review panel—functions	646
	2201	Therapeutic protection review panel—guidelines	646
	2202	Therapeutic protection review panel—members	647
	2203	Therapeutic protection review panel—appointment of members	647
Division 20.4.4	Authorised health professionals
	2204	Authorised health professionals	648
Division 20.4.5	Therapeutic protection register
	2205	Therapeutic protection register	648
	2206	Therapeutic protection register—who may have access?	650
	2207	Therapeutic protection register—public advocate to inspect	651
	2208	Therapeutic protection register—monthly report	651
Chapter 21	Care and protection—interstate transfer of orders and proceedings
Part 21.1	Preliminary
	2300	Object of ch 21	652
	2301	Definitions—ch 21	652
	2302	What is a child welfare order?	653
	2303	What is a child welfare proceeding?	654
	2304	What is a child welfare law?	654
	2305	What is an interstate law?	655
	2306	Who is an interstate officer?	655
Part 21.2	Interstate transfer of ACT child welfare orders
Division 21.2.1	Transfers of orders by chief executive
	2307	Chief executive may transfer child welfare order	657
	2308	Chief executive transfer—certain people must agree	658
	2309	Chief executive transfer—certain people must be told	659
	2310	Chief executive transfer—limited time for review	660
Division 21.2.2	Transfer of orders by Childrens Court
	2311	Childrens Court transfer—application	660
	2312	Childrens Court transfer—criteria	661
	2313	Childrens Court transfer—interstate orders	661
	2314	Childrens Court transfer—considerations	662
	2315	Childrens Court transfer—care plans	662
	2316	Childrens Court transfer—appeal applications	663
	2317	Childrens Court transfer—appeals	663
Division 21.2.3	Interstate registration of ACT orders
	2318	Interstate registration of ACT orders—effect	664
	2319	Interstate registration of ACT orders—revocation	664
	2320	Interstate registration of ACT orders—Childrens Court file	665
Part 21.3	Interstate transfer of ACT child welfare proceedings
	2321	Transfer of ACT proceedings—applications	666
	2322	Transfer of ACT proceedings—criteria	666
	2323	Transfer of ACT proceedings—considerations	667
	2324	Transfer of ACT proceedings—interim orders	667
	2325	Transfer of ACT proceedings—appeal applications	668
	2326	Transfer of ACT proceedings—appeals	669
	2327	Transfer of ACT proceedings—revocation of registration	669
	2328	Transfer of ACT proceedings—Childrens Court file	670
Part 21.4	ACT registration of interstate child welfare orders
	2329	ACT registration—interstate child welfare orders	671
	2330	ACT registration of interstate orders—interstate registrar	671
	2331	ACT registration of interstate orders—effect	672
	2332	ACT registration of interstate orders—application for revocation	672
	2333	ACT registration of interstate orders—revocation	673
	2334	ACT registration of interstate orders—interstate registrar	674
Part 21.5	ACT registration of interstate child welfare proceedings
	2335	ACT registration—interstate child welfare proceedings	675
	2336	ACT registration of interstate proceedings—interstate registrar	675
	2337	ACT registration of interstate proceedings—effect	676
	2338	ACT registration of interstate proceedings—application for revocation	676
	2339	ACT registration of interstate proceedings—revocation	677
	2340	ACT registration of interstate proceedings—interstate registrar	678
Part 21.6	Interstate transfer of child welfare orders and proceedings—miscellaneous
	2341	ACT registration of interstate orders and proceedings—Maori children and young people	679
	2342	Interstate transfer of orders and proceedings—giving information	679
Part 21.7	Interstate transfer of child welfare orders and proceedings—non-participating States
	2343	Object of pt 21.7	680
	2344	Definitions—pt 21.7	680
	2345	What is an interstate child welfare order?	681
	2346	Interstate order declaration—application	681
	2347	Interstate order declaration—contents	682
	2348	Interstate order declaration—effect	683
	2349	Interstate order declaration—certain people must be told	683
	2350	Interstate order declaration—State becomes participating State	684
	2351	Chief executive transfer—proposal	685
	2352	Chief executive transfer—parental responsibility	685
	2353	Expiry of pt 21.7 and related provisions	686
Chapter 22	Care and protection—police assistance
Part 22.1	Assistance in carrying out orders etc
	2400	Police assistance	687
	2401	Police powers	688
	2402	Seized things may be kept until matter completed	688
	2403	Offence—failure to answer police questions	688
Part 22.2	Safe custody
	2404	Safe custody—parental responsibility to chief executive	689
	2405	What is a safe custody warrant?	689
	2406	Safe custody warrant—application	690
	2407	Safe custody warrant—criteria	690
	2408	Safe custody warrant—content	692
	2409	Safe custody warrant—application made other than in person	692
	2410	Safe custody warrant—announcement before entry	694
	2411	Safe custody warrant—details of warrant to be given to occupier etc	695
	2412	Safe custody warrant—occupier entitled to be present etc	695
	2413	Offence—remove child or young person	695
	2414	Safe custody—matter must be brought to court promptly	696
Chapter 23	Care and protection—provisions applying to all proceedings under care and protection chapters
Part 23.1	Applications
	2500	Application—includes cross-application	698
	2501	Application—must include statements, documents and reports	698
	2502	Application—statements and reports to be signed etc	698
	2503	Application—oral applications	699
	2504	Application—withdrawal or discontinuance	700
Part 23.2	Parties
	2505	Parties—who are parties to an application?	701
	2506	Parties—hearing in party’s absence	701
	2507	Parties—failure to attend proceeding	702
	2508	Parties—court may join affected party	702
	2509	Parties—application to join party	703
	2510	Parties—filed material to be given to joined parties	703
	2511	Parties—application for removal of party	704
	2512	Parties—court may remove party	704
	2513	Parties—notice of address for service	704
	2514	Parties—representation	705
	2515	Exclusion of people from hearings	705
Part 23.3	Burden of proof
	2516	Burden of proof	707
Part 23.4	Witnesses and evidence
	2517	Procedures at hearings to be informal	708
	2518	Court may call witnesses	708
	2519	Court may summons people to attend	708
	2520	Child or young person as witness	709
	2521	Childrens Court not bound by rules of evidence	710
	2522	Restriction on taking evidence	710
Part 23.5	Orders
	2523	Orders—obligations on people	711
	2524	Orders—by agreement	711
	2525	Orders—must be given to people	712
	2526	Orders—statement of reasons	712
Part 23.6	Costs
	2527	Costs—parties bear own unless court orders otherwise	714
	2528	Costs—frivolous, vexatious, dishonest application	714
	2529	Costs—parties bear own costs unless order otherwise	715
	2530	Costs—how court may share costs	715
Chapter 24	Childcare services
Part 24.1	Childcare services—preliminary
	2600	Definitions—ch 24	716
	2601	Objects—ch 24	717
	2602	Principles—ch 24	717
	2603	Application—ch 24	718
	2604	Exemption—ch 24	719
Part 24.2	Childcare services—important concepts
	2605	What is a childcare service?	720
	2606	What is a childcare centre?	720
	2607	What is a family day care service?	721
	2608	Who is the proprietor of a childcare service?	722
	2609	Who is a controlling person for a childcare service?	722
	2610	Offence—fail to notify change of controlling person	722
Part 24.3	Childcare services—offences
	2611	Who is a responsible person for a childcare service?	724
	2612	Offence—fail to protect child from injury	724
	2613	Offence—fail to supervise child	725
	2614	Offence—unreasonably discipline child	725
	2615	Offence—fail to maintain buildings, equipment etc	725
Part 24.4	Childcare services—childcare service licences
Division 24.4.1	Childcare service licences—application, eligibility, etc
	2616	Childcare service licence—proprietor may apply	727
	2617	Childcare service licence—further information	727
	2618	Childcare service licence—chief executive need not decide if no information or inspection	728
	2619	Childcare service licence—eligibility	729
	2620	Childcare service licence—decision on application	729
	2621	Childcare service licence—revocation	731
	2622	Childcare service licence—content	731
	2623	Childcare service licence—childcare service standards	732
	2624	Childcare service licence—length	732
	2625	Childcare service licence—extensions	732
	2626	Childcare service licence—transfer	733
Division 24.4.2	Childcare service licences—renewal
	2627	Childcare service licence renewal—licensed proprietor may apply	734
	2628	Childcare service licence renewal—further information	735
	2629	Childcare service licence renewal—chief executive need not decide no information or inspection	735
	2630	Childcare service licence renewal—eligibility	736
	2631	Childcare service licence renewal—decision on application	736
Division 24.4.3	Childcare service licences—suspension and cancellation
	2632	Who is an affected child?	738
	2633	Childcare service licence—compliance notices	738
	2634	Childcare service licence—suspension for noncompliance	740
	2635	Childcare service licence—ending noncompliance suspension	741
	2636	Childcare service licence—suspension if children unsafe	742
	2637	Childcare service licence—notice of intention to cancel	743
	2638	Childcare service licence—cancellation	744
	2639	Childcare service licence—cancellation notice	745
	2640	Offence—fail to return cancelled childcare service licence	745
	2641	Childcare service licence—identity of childcare workers protected	746
Division 24.4.4	Childcare service licences—offences
	2642	Offence—operate unlicensed childcare service	746
	2643	Offence—advertise unlicensed childcare service	747
	2644	Offence—operate childcare service when licence suspended	748
	2645	Offence—operate childcare service in contravention of standards	749
Division 24.4.5	Childcare service licenses—register, assessment and reporting
	2646	Childcare service licence—register	750
	2647	Assessing compliance with childcare services standards	750
	2648	Annual childcare standards report	751
	2649	Annual childcare standards report—requirements	752
	2650	Annual childcare standards report—consultation	752
Part 24.5	Childcare services—enforcement
	2651	Removal of child in immediate danger	754
Chapter 25	Employment of children and young people
Part 25.1	Important concepts
	2700	Ch 25 subject to Education Act 2004, s 13	756
	2701	Definitions—ch 25	757
	2702	When does someone employ a child or young person?	757
	2703	Exempt work experience programs	758
	2704	When is employment contrary to the best interests of a child or young person?	758
Part 25.2	Employment of children and young people
	2705	Offence—employ underage child or young person	760
	2706	Chief executive may prohibit employment	760
	2707	Offence—contravene employment prohibition notice	761
	2708	Chief executive may state conditions of employment	761
	2709	Offence—contravene employment conditions notice	761
Part 25.3	Employment of children and young people under school-leaving age
	2710	What is school-leaving age?	762
	2711	What is light work?	762
	2712	What is a high risk occupation?	763
	2713	Offence—employment of children and young people under school-leaving age	763
	2714	Exception to s 2713—employment in light work	764
	2715	Exception to s 2713—employment in family business	764
	2716	Declaration of high risk occupation	765
	2717	Offence—employment of child or young person under school-leaving age in high risk industries	765
	2718	Chief executive’s consent to employment in high risk occupation	766
	2719	Offence—contravene condition of consent	766
Chapter 26	Research involving children and young people
	2800	Definitions—ch 26	767
	2801	What is a research project?	767
	2802	Approval of research projects—generally	768
	2803	Approval of research project procedures	768
	2804	Approval of research projects—child or young person to take part	769
	2805	Acknowledgement of agreement—child or young person to take part	770
	2806	Approval of research projects—chief executive to give researcher protected information	771
	2807	Approval of ethics committees	772
	2808	Researcher may carry out approved research project	772
	2809	Offence—researcher contravene approved procedures	772
Chapter 27	Enforcement
Part 27.1	General
	2900	Definitions—ch 27	773
Part 27.2	Authorised people
	2901	Appointment of authorised people	774
	2902	Identity cards	774
Part 27.3	Powers of authorised people
	2903	Power to enter premises—general	775
	2904	Power to enter premises—ch 17 (Emergency care and protection)	776
	2905	Power to enter premises—ch 19 (Care and Protection—chief executive has aspect of parental responsibility)	776
	2906	Power to enter premises—ch 20 (Therapeutic protection of children and young people)	777
	2907	Power to enter premises—ch 24 (Childcare services)	778
	2908	Production of identity card	779
	2909	Consent to entry	780
	2910	General powers on entry to premises	781
	2911	Power to require name and address	782
	2912	Power to seize things	782
Part 27.4	Search warrants
	2913	Warrants generally	784
	2914	Warrants—application made other than in person	785
	2915	Search warrants—announcement before entry	786
	2916	Details of search warrant to be given to occupier etc	787
	2917	Occupier entitled to be present during search etc	787
Part 27.5	Return and forfeiture of things seized
	2918	Receipt for things seized	788
	2919	Moving things to another place for examination or processing under search warrant	788
	2920	Access to things seized	789
	2921	Return of things seized	790
Part 27.6	Miscellaneous
	2922	Damage etc to be minimised	791
	2923	Compensation for exercise of enforcement powers	791
Chapter 28	Appeals and review
Part 28.1	Appeals
Division 28.1.1	Appeals generally
	3000	Appeals to Supreme Court—generally	793
Division 28.1.2	Appeals—criminal matters chapters
	3001	Appeals to Supreme Court—criminal matters chapters	794
	3002	Application of Magistrates Court Act	795
	3003	Barring of appeal if order to review made	796
	3004	Orders that Supreme Court may make	797
Division 28.1.3	Appeals—Care and protection chapters
	3005	Appeals to Supreme Court—care and protection chapters	797
	3006	Application of Magistrates Court Act	798
	3007	Orders that Supreme Court may make	798
Division 28.1.4	AAT review
	3008	Review of decisions—ch 19 (Care and Protection—chief executive has aspect of parental responsibility)	798
	3009	Review of decisions—ch 21 (Care and protection—interstate transfer of orders and proceedings)	800
	3010	Review of decisions—ch 24 (Childcare services)	801
	3011	Decision to refuse to give childcare service licence must not be stayed or otherwise affected pending outcome of review	803
	3012	Review of decisions—ch 25 (Employment of children and young people)	803
Chapter 29	Information secrecy and sharing
Part 29.1	Definitions
	3100	Definitions––ch 29	805
	3101	When is information divulged?	805
	3102	Who is an information holder?	806
	3103	What is protected information?	807
	3104	What is sensitive information?	807
Part 29.2	Offence to divulge information
	3105	Offence—secrecy of protected information	811
	3106	Exception to s 3105—information given under this Act	812
	3107	Exception to s 3105—information given under another law	813
	3108	Exception to s 3105—information given with agreement	813
Part 29.3	Offence to publish identifying information
	3109	What is identifying information?	815
	3110	Offence—publish identifying information	816
Part 29.4	Sharing protected information
Division 29.4.1	Generally
	3111	Minister or chief executive may give information to person about themself	817
	3112	Chief executive may give information in best interests of child or young person	817
	3113	Family group conference facilitator may give information in best interests of child or young person	818
	3114	Chief executive may give information to researcher	818
Division 29.4.2	Safety and welfare information
	3115	What is safety and welfare information?	818
	3116	Who is an information sharing entity?	819
	3117	Minister or chief executive may give safety and welfare information to information sharing entity	820
	3118	Acknowledgement of agreement	821
	3119	Chief executive may ask information sharing entity to give safety and welfare information	822
	3120	Giving safety and welfare information does not contravene Health Records (Privacy and Access) Act 1997	824
	3121	Giving safety and welfare information does not contravene Privacy Act 1988 (Cwlth)	824
Part 29.5	Giving protected or sensitive information to a court
	3122	Definitions—pt 29.5	825
	3123	Giving protected information to a court	825
	3124	Giving sensitive information to a court	825
	3125	Court may order sensitive information to be divulged or produced	825
Division 29.5.1	Admissibility of evidence
	3126	How abuse or neglect reports may be used in evidence	827
	3127	Confidential report—not admissible in evidence	827
	3128	Confidential report—confidential reporter may give evidence	828
	3129	Confidential report—evidence admissible with agreement or leave	828
	3130	Things said at conference not admissible in proceedings	829
	3131	Interim matters—things said at pre-orders conference	829
Part 29.6	Protection of people who give information
	3132	Protection of people giving certain information	830
Chapter 30	Miscellaneous
	3200	Confidential report of contravention of Act	832
	3201	Offence—tattoo child or young person without agreement	833
	3202	Presumption of age in proceedings	833
	3203	Protection of officials from liability	833
	3204	ACT child welfare services must assist public advocate	834
	3205	Notification of location of child or young person	835
	3206	Evidentiary certificates—chief executive—parental responsibility	836
	3207	Evidentiary certificates—chief executive—detention	836
	3208	Appointment of analyst for Act	836
	3209	Determination of fees	837
	3210	Approved forms	837
	3211	Standard-making power	837
	3212	Regulation-making power	838
Dictionary		840

EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Children and Young People Bill 2007

A Bill for
An Act about the welfare of children and young people

  

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

Chapter 1	Preliminary
Part 1.1	Introduction
1	Name of Act
This Act is the Children and Young People Act 2006.
2	Commencement
(1)	This Act commences on a day fixed by the Minister.
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)).
(2)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply in relation to the commencement of a detention place chapter.
(3)	In this section:
	detention place chapter—each of the following is a detention place chapter:
(a)	Chapter 10 (Criminal matters—detention places);
(b)	Chapter 11 (Criminal matters—search and seizure at detention places);
(c)	Chapter 12 (Criminal matters—discipline at detention places);
(d)	Chapter 13 (Conduct of disciplinary inquiries).
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘mental impairment—see the Criminal Code, s 27.’ means that the term ‘mental impairment’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6	Application of Act to children and young people
The functions under this Act may be exercised for a child or young person—
(a)	who ordinarily lives in the ACT; or
(b)	who does not ordinarily live in the ACT, but who is in the ACT; or
(c)	about whom a report is made under—
(i)	section 1601 (Voluntary reporting of abuse and neglect); or
(ii)	section 1602 (Offence—mandatory reporting of abuse and neglect) arising from something happening in the ACT; or
(iii)	section 1607 (Prenatal reporting—anticipated abuse and neglect).

Part 1.2	Objects, principles and considerations
7	Main objects of Act
The objects of this Act include—
(a)	providing for, and promoting, the wellbeing, care and protection of children and young people in a way that recognises their right to grow in a safe and stable environment and that takes into account the responsibilities of parents, families, the community and the whole of government for them; and
(b)	ensuring that children and young people are provided with a safe and nurturing environment by organisations and people who, directly or indirectly, provide for their wellbeing, care and protection; and
(c)	preventing abuse and neglect of children and young people by providing whole of government assistance to children and young people, their parents and families, the community, and others who have responsibility for them; and
(d)	ensuring that indigenous people take part in—
(i)	providing for, and promoting, the wellbeing, care and protection of indigenous children and young people; and
(ii)	preventing the abuse and neglect of indigenous children and young people; and
(iii)	rehabilitating and reintegrating indigenous young offenders; and
(e)	ensuring that services provided by, or for, government for the wellbeing, care and protection of children and young people—
(i)	are centred on the needs of children and young people; and
(ii)	take into account the views and wishes of children and young people; and
(iii)	support the health, education, developmental needs, spirituality, self-respect, self-reliance and dignity of children and young people; and
(iv)	respect the individual race, ethnicity, religion, disability, sexuality and culture of children and young people; and
(f)	recognising that the support of young offenders, and the provision of positive opportunities to allow them to become rehabilitated and reintegrated community members, is the responsibility of the child or young person, their parents and families, the community and the government in partnership; and
(g)	providing an effective system for licensing, and imposing standards on, childcare services; and
(h)	preventing exploitation of children and young people in employment.
8	Principles applying to Act
The principles underlying these objects are that, except when it is, or would be, contrary to the best interests of a child or young person—
(a)	the child’s or young person’s sense of racial, ethnic, religious, individual or cultural identity should be preserved and enhanced; and
(b)	the child’s or young person’s education, training or lawful employment should be encouraged and continued without unnecessary interruption; and
(c)	a decision-maker making a decision about a child or young person must consider the child’s or young person’s age, maturity, sex and background (including, if the child or young person is indigenous, the need to maintain a connection with the lifestyle, culture and traditions of the child’s or young person’s indigenous community) and any other characteristics the decision-maker considers relevant; and
(d)	delay in decision-making processes under the Act should be avoided because delay is likely to prejudice the child’s or young person’s wellbeing; and
(e)	a court should make an order under this Act for a child or young person only if the court considers that making the order would be better for the child or young person than making no order at all.
9	Indigenous children and young people principle
In making a decision or taking action under this Act in relation to an indigenous child or young person, the decision-maker or person taking the action must take into account the following:
(a)	submissions made by or on behalf of any relevant indigenous organisation about the child or young person;
(b)	indigenous traditions and cultural values (including kinship rules) as generally stated by the indigenous community.
10	Best interests of children and young people paramount consideration
(1)	In making a decision under this Act in relation to a particular child or young person, the decision-maker must regard the best interests of the child or young person as the paramount consideration.
(2)	In making a decision under this Act otherwise than in relation to a particular child or young person, the decision-maker must consider the best interests of children and young people.
(3)	This section does not apply to a decision under a criminal matters chapter.
Note 1	For a criminal matters chapter, a decision-maker must, in making a decision in relation to a child or young person—
	(a)	consider the best interests of the child or young person; and
	(b)	apply the young offender principles (see s 401 and s 402).
Note 2	For the care and protection chapters, there are further provisions about how a decision-maker decides what is in the best interest of a child or young person (see s 1513).

Part 1.3	Important concepts
Division 1.3.1	Definitions
11	Who is a child?
In this Act:
	child means a person who is younger than 12 years old.
12	Who is a young person?
In this Act:
	young person means a person who is 12 years old or older, but not yet an adult.
13	Who is a family member of a person?
In this Act:
	family member, of a person, means the person’s—
(a)	father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or
(b)	son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or
(c)	brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
(d)	uncle, aunt, uncle-in-law or aunt-in-law; or
(e)	nephew, niece or cousin.
14	Who is a relative of a child or young person?
In this Act:
	relative—each of the following is a relative of a child or young person:
(a)	a family member of the child or young person;
(b)	a person who is or has been a domestic partner of a parent of the child or young person;
Note	Domestic partner—see the Legislation Act, s 169.
(c)	a person regarded by the child or young person as a relative;
(d)	for an indigenous child or young person—a person who has responsibility for the child or young person in accordance with the traditions and customs of the child’s or young person’s indigenous community.
Division 1.3.2	Parental responsibility
15	What is parental responsibility?
In this Act:
	parental responsibility, for a child or young person, means all the duties, powers and responsibilities parents ordinarily have by law in relation to their children, including the following aspects of parental responsibility:
(a)	responsibility for day-to-day matters for the child or young person;
(b)	responsibility for long-term matters for the child or young person;
(c)	responsibility for health care treatment for the child or young person.
Note 1	Power includes authority (see Legislation Act, dict, pt 1).
Note 2	Responsibility for day-to-day matters is dealt with in s 19.
Responsibility for long-term matters is dealt with in s 20.
Responsibility for health care treatment is dealt with in s 21.
16	Parents have parental responsibility
(1)	Each parent of a child or young person has parental responsibility for the child or young person.
(2)	This section is subject to the following sections:
(a)	section 17 (Aspects of parental responsibility may be transferred);
(b)	section 18 (Aspects of parental responsibility may be shared).
17	Aspects of parental responsibility may be transferred
(1)	An aspect of parental responsibility may be transferred from someone to someone else under—
(a)	a family group conference agreement (see Chapter 3); or
(b)	an appraisal order including a temporary custody provision (see s 1620); or
(c)	a voluntary care agreement (see pt 16.3); or
(d)	emergency medical treatment (see pt 17.1); or
(e)	emergency action (see pt 17.2); or
(f)	a care and protection order including a parental responsibility provision (see pt 18.6); or
(g)	a court order (under this Act or another law in force in the Territory); or
Example of court order under another law
a parenting order under the Family Law Act 1975 (Cwlth)
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).
(h)	a provision of another law in force in the Territory.
Note	If the chief executive has responsibility for day-to-day matters for a child or young person, the chief executive must place the child or young person with an out-of-home carer (see s 2013).
(2)	If an aspect of parental responsibility is transferred from someone to someone else—
(a)	only the aspect of parental responsibility expressly stated to be transferred is transferred; and
(b)	no-one else’s parental responsibility, or aspect of parental responsibility, for the child or young person is diminished except to the extent expressly stated or necessary to give effect to the transfer.
18	Aspects of parental responsibility may be shared
(1)	An aspect of parental responsibility may be shared between 2 or more people under—
(a)	a family group conference agreement (see Chapter 3); or
(b)	a voluntary care agreement (see pt 16.3); or
(c)	a care and protection order including a parental responsibility provision (see pt 18.6); or
(d)	a court order (under this Act or another law in force in the Territory); or
(e)	a provision of another law in force in the Territory.
Note	If the chief executive has responsibility for day-to-day matters for a child or young person, the chief executive must place the child or young person with an out-of-home carer (see s 2013).
(2)	If an aspect of parental responsibility is shared between 2 or more people, either of them may discharge the responsibility.
(3)	This section is subject to the following sections:
(a)	section 1959 (Short-term parental responsibility provision—sharing responsibility);
Note	If the Childrens Court includes a short-term parental responsibility provision in a care and protection order for a child or young person and the provision directs that an aspect of parental responsibility for the child or young person is shared between 2 or more people, the court may also order that 1 of the people must, if practicable, consult another of the people before exercising the responsibility (see s 1959 (2)).
(b)	section 1964 (Long-term parental responsibility provision—sharing responsibility);
(c)	section 1969 (Enduring parental responsibility provision—sharing responsibility);
Note	If the Childrens Court includes an enduring parental responsibility provision in a care and protection order for a child or young person and the provision directs that an aspect of parental responsibility for the child or young person is shared between 2 or more people, if 1 of the people has responsibility for the child or young person under an enduring parental responsibility provision in a care and protection order, no-one else may discharge their responsibility in a way that would be incompatible with the person’s discharge of the responsibility (see s 1969 (2)).
(d)	section 2003 (Chief executive sharing responsibility for health care treatment);
Note	If the chief executive shares responsibility for health care treatment for a child or young person, no-one may discharge the responsibility in a way that would be incompatible with the chief executive’s discharge of the responsibility (see s 2003 (2)).
(e)	section 2005 (Chief executive sharing responsibility for long‑term matters);
Note	If the chief executive shares responsibility for long-term matters for a child or young person, the chief executive must consult each other person who has responsibility for long-term matters for the child or young person in making a decision about a long-term matter for the child or young person.  If another person disagrees with the chief executive’s proposed decision, the chief executive must not make the decision and may apply to the Childrens Court for a care and protection order including a specific issues provision about the matter (see s 2005 (2)).
(f)	section 2008 (Chief executive sharing responsibility for day to day matters).
Note	If the chief executive shares responsibility for day-to-day matters for a child or young person, no-one may discharge the responsibility in a way that would be incompatible with the chief executive’s discharge of the responsibility (see s 2008 (2)).
19	Responsibility for day-to-day matters for children and young people
(1)	A person who has responsibility for day-to-day matters for a child or young person has responsibility for the day-to-day care, welfare and development of the child or young person, including responsibility for making decisions about the following matters for the child or young person:
(a)	where and with whom the child or young person is to live;
(b)	care of the child or young person, including, for example, personal appearance and grooming;
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)	temporary care of the child or young person by someone else (whether in the ACT or elsewhere);
(d)	assessment of the child’s or young person’s physical or mental wellbeing (including admission to hospital);
Note	However, a person who has responsibility for health care treatment for a child or young person has responsibility for deciding whether the child or young person may undergo health care treatment (see s 21).
(e)	the people with whom the child or young person may, or must not, have contact;
(f)	day-to-day matters about education, training and employment.
(2)	A person who has responsibility for day-to-day matters for a child or young person also has responsibility for health care treatment for the child or young person.
Note	Responsibility for health care treatment is dealt with in s 21.
(3)	If the person makes arrangements under subsection (1) (d), the person is entitled to any report of the assessment.
(4)	If the person makes a decision about something under subsection (1) (d) or (e), the person is also responsible for arrangements to give effect to the decision.
(5)	This section does not limit the matters for which the person has responsibility to make decisions for the child or young person, but is subject to—
(a)	a court order (under this Act or another law); and
Note 1	The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision giving responsibility for day-to-day matters for the child or young person to someone, or removing the responsibility from someone, or stating how someone may exercise the responsibility (see pt 18.6).
Note 2	The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision directing that a stated person has, or does not have, responsibility for health care treatment for the child or young person (see pt 18.6).
Note 3	The Childrens Court may make a care and protection order for a child or young person that includes a contact provision about who may, or must not, have contact with the child or young person (see pt 18.7).
(b)	if there is a care plan in force for the child or young person—the care plan.
Note	A care plan for a child or young person is a written plan of the chief executive’s proposals for the care and protection of the child or young person (see s 1935).
20	Responsibility for long-term matters for children and young people
(1)	A person who has responsibility for long-term matters for a child or young person has responsibility for the long-term care, welfare and development of the child or young person, including responsibility for making decisions about the following matters for the child or young person:
(a)	administration, management and control of the child’s or young person’s property;
(b)	religion and observance of racial, ethnic, religious or cultural traditions;
(c)	issuing (and opposing the issuing) of a passport for the child or young person;
(d)	long-term matters about education, training and employment;
(e)	any aspect of parental responsibility that does not belong to someone else.
(2)	This section does not limit the matters for which the person has responsibility to make decisions for the child or young person, but is subject to—
(a)	a court order (under this Act or another law); and
Note	The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision giving responsibility for long-term matters for the child or young person to someone, or removing the responsibility from someone, or stating how someone may exercise the responsibility (see pt 18.6).
(b)	if there is a care plan in force for the child or young person—the care plan.
Note	A care plan for a child or young person is a written plan of the chief executive’s proposals for the care and protection of the child or young person (see s 1935).
21	Responsibility for health care treatment for children and young people
(1)	A person who has responsibility for health care treatment for a child or young person has responsibility for deciding whether the child or young person may undergo health care treatment.
Note 1	health care treatment—see the dictionary.
Note 2	A person who has responsibility for day-to-day matters for a child or young person has responsibility for—
•	making decisions about assessing physical or mental wellbeing (including admission to hospital) for the child or young person; and
•	health care treatment for a child or young person (see s 19).
(2)	This section is subject to a court order (under this Act or another law).
Note 1	The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision giving responsibility for day-to-day matters for the child or young person to someone, or removing the responsibility from someone, or stating how someone may exercise the responsibility (see pt 18.6).
Note 2	The Childrens Court may make a care and protection order for a child or young person that includes a parental responsibility provision directing that a stated person has, or does not have, responsibility for health care treatment for the child or young person (see pt 18.6).
(3)	To remove any doubt, this section does not affect any right of a child or young person to consent to their own health care treatment.
22	Parents who cannot be found
(1)	This section applies if a provision of this Act requires a person to act in relation to a parent of a child or young person.
(2)	The person is not required to act in relation to the parent if the person cannot, after reasonable inquiry, find the parent.
23	Powers of people without parental responsibility
A person who does not have parental responsibility for a child or young person, but who provides care (whether regular and substantial care or otherwise) for the child or young person, may do anything that is reasonable in the circumstances to safeguard or promote the child’s or young person’s care, welfare and development.
Note	A person who has parental responsibility for a child or young person would ordinarily have this power in relation to the child or young person (see s 15).

Chapter 2	Administration
Notes to ch 2
In making a decision under this chapter for a child or young person, the decision‑maker must regard the best interests of the child or young person as the paramount consideration (see s 10).
In making a decision under this chapter otherwise than in relation to a particular child or young person, the decision-maker must consider the best interests of children and young people (see s 10).
Part 2.1	Chief executive
Note to pt 2.1
For provisions applying when the chief executive has an aspect of parental responsibility for a child or young person (see s 2002).
100	Chief executive’s functions
The chief executive has the following functions:
(a)	providing, or assisting in providing, services directed to strengthening and supporting families in relation to the wellbeing, care and protection of their children and young people;
(b)	supporting the community in preventing, or reducing, abuse and neglect of children and young people;
(c)	providing, or assisting in providing, information to parents, kinship carers and foster carers, prospective kinship carers and foster carers, government agencies and members of the community about the operation of this Act;
(d)	providing, or assisting in providing, information to people who are required to report suspected abuse of children and young people to help them perform their legal obligation;
(e)	providing, or assisting in providing, information to people who report suspected abuse or neglect of children and young people and encouraging those people to continue their involvement in matters arising from their report;
(f)	exercising aspects of parental responsibility for children and young people;
(g)	providing, or assisting in providing, information, services or assistance to children and young people who have left the chief executive’s care;
(h)	providing, or assisting in providing, services for children or young people who offend against the criminal law, including by ensuring the provision of the care, support, rehabilitation and guidance necessary for them to become rehabilitated and reintegrated community members;
(i)	working with other government agencies and community organisations, to promote the care and protection of children and young people, including young offenders.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
101	Chief executive’s duties
The chief executive must—
(a)	have regard to the objects, and apply the principles, of this Act in exercising a function under this Act; and
(b)	set up mechanisms for coordinating services for the care and protection of children and young people.
102	Chief executive may ask for assistance, etc
(1)	The chief executive may ask an information sharing entity to give the chief executive advice or guidance relevant to the safety, welfare or wellbeing of children and young people.
Note	The chief executive may also ask an information sharing entity to give the chief executive safety and welfare information about a child or young person (see s 3119).
(2)	The chief executive may ask a territory entity to provide assistance, facilities or services relevant to the physical or emotional welfare of children and young people.
(3)	A territory entity must promptly comply with the request.
(4)	In this section:
	information sharing entity, for a child or young person, means any of the following:
(a)	a parent of the child or young person;
(b)	someone else who has an aspect of parental responsibility for the child or young person;
Note	Parental responsibility for a child or young person is dealt with in div 1.3.2 (Parental responsibility).
(c)	an out-of-home carer for the child or young person;
Note	Out-of-home carers are dealt with in Pt 19.4 (Chief executive has responsibility for day-to-day matters).
(d)	a foster care service;
Note	Foster care service is defined in s 2017.
(e)	a Minister;
(f)	a territory entity;
(g)	a health facility;
(h)	a police officer or a member of a police service or force of a State;
(i)	an entity established under a law of a State or the Commonwealth;
(j)	the holder of a position established under a law of a State or the Commonwealth;
(k)	an entity prescribed by regulation for this section.
	territory entity means any of the following:
(a)	an administrative unit;
(b)	a territory authority;
(c)	a statutory office-holder;
(d)	a territory instrumentality;
(e)	a public employee;
(f)	a police officer.
103	Chief executive must give identity cards
(1)	This section applies if the chief executive delegates a power under this Act to someone else (an authorised person).
Note	The chief executive may delegate a power under the Public Sector Management Act 1994, s 36.
(2)	The chief executive must give an authorised person an identity card stating the person’s name and that the person is an authorised person.
(3)	The identity card must show—
(a)	a recent photograph of the person; and
(b)	the card’s date of issue and expiry; and
(c)	if the person is only authorised to exercise functions under particular provisions of this Act—the provisions; and
(d)	anything else prescribed by regulation.
(4)	A person commits an offence if the person—
(a)	stops being an authorised person; and
(b)	does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an authorised person.
Maximum penalty:  1 penalty unit.
(5)	An offence against this section is a strict liability offence.
(6)	Subsection (3) applies only in relation to a card given by the chief executive after the commencement of this section.
(7)	Subsection (6) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(8)	Subsections (6) and (7) and this subsection expire on the day they commence.

Part 2.2	Childrens services council
104	Establishment of Childrens Services Council
The Childrens Services Council is established.
105	Functions of Childrens Services Council
The Childrens Services Council has the following functions:
(a)	to report to the Minister, at the Minister’s request, on anything relating to the operation or administration of this Act;
(b)	to make recommendations to the Minister about services for children and young people in the ACT.
106	Childrens Services Council members
The Childrens Services Council has at least 3, but not more than 10, members.
107	Appointment of Childrens Services Council members
(1)	The Minister may appoint the members of the Childrens Services Council.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)	The only criteria for deciding whether to appoint a person as a member are that the person—
(a)	has expertise in relation to services for children or young people; or
(b)	represents the interests of kinship carers and foster carers.
(3)	The Minister must ensure that there is always—
(a)	at least 1 member who represents the interests of kinship carers and foster carers; and
(b)	at least 1 member who represents the interests of indigenous people.
(4)	The appointment of a member is for the term stated in the appointment.
(5)	The conditions of appointment of a member are the conditions stated in the appointment.
108	Appointment of chair and deputy
(1)	The Minister must appoint a chair for the Childrens Services Council.
(2)	The Minister may appoint a deputy chair for the Childrens Services Council.
109	Ending member appointments
The Minister may end the appointment of a member of the Childrens Services Council—
(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)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
110	Presiding member at meetings
(1)	The chair presides at all meetings at which the chair is present.
(2)	If the chair is absent, the member chosen by the members present presides.
111	Quorum at meetings
Business may be carried on at a meeting of the Childrens Services Council only if at least ½ the number of members appointed are present.
112	Voting at meetings
(1)	At a meeting of the Childrens Services Council, each member has a vote on each question to be decided.
(2)	A question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a deciding vote.
113	Advice and assistance by chief executive and public advocate
The chief executive and the public advocate must give the Childrens Services Council the advice and assistance that the council reasonably asks for.

Part 2.3	Official visitors
114	Definitions—pt 2.3
In this part:
	entitled child or young person means a child or young person who is—
(a)	detained in a detention place; or
(b)	confined at a therapeutic protection place; or
(c)	accommodated in a place of care.
	operating entity, for a detention place, therapeutic protection place or place of care, means—
(a)	if the Territory operates the place—the chief executive; or
(b)	in any other case—the entity that operates the place.
115	Official visitors—appointment
(1)	The Minister must appoint at least 1 official visitor.
(2)	The Minister may appoint a person as an official visitor only if satisfied that the person has suitable qualifications or experience to exercise the functions of an official visitor.
(3)	However, the Minister must not appoint a person as an official visitor unless the person—
(a)	is not a public employee; and
(b)	is a suitable entity.
(4)	An appointment as an official visitor must not be for longer than 3 years.
(5)	The conditions of appointment of a person as official visitor are the conditions agreed between the Minister and the person, subject to any determination under the Remuneration Tribunal Act 1995.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Note 3	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
116	Official visitors—functions
(1)	An official visitor’s functions are—
(a)	to inspect detention places, therapeutic protection places and places of care; and
(b)	to report to—
(i)	the Minister under section 117; and
(ii)	the chief executive under section 118; and
(c)	to receive and consider complaints from entitled children and young people; and
(d)	to exercise any other function given to an official visitor under this Act or another territory law.
(2)	For subsection (1), an official visitor— 
(a)	must, if practicable, visit each detention place at least once each fortnight; and
(b)	must visit a therapeutic protection place at least once each week—
(i)	if practicable; and
(ii)	if a child or young person is confined at the therapeutic protection place; and
(c)	must, if practicable, visit a place of care at least once each fortnight; and
(d)	may, at any reasonable time, enter a detention place, therapeutic protection place or place of care.
Example of time that would not be reasonable 
a time that would hinder a search, or coincide with an escape attempt, at a detention place
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)	An operating entity for a detention place, therapeutic protection place or place of care must give an official visitor any reasonable help the official visitor asks for to exercise the official visitor’s functions at the place.
117	Official visitors—reporting to Minister
(1)	This section applies if an official visitor believes, on reasonable grounds, that either of the following is not in accordance with this Act:
(a)	the treatment of entitled children or young people at a detention place or therapeutic protection place;
(b)	the living conditions, education or activities of entitled children or young people at a detention place or therapeutic protection place.
(2)	The official visitor must report the belief to the Minister in writing.
118	Official visitors—reporting to chief executive
(1)	This section applies if an official visitor believes, on reasonable grounds, that either of the following is not in accordance with this Act:
(a)	the treatment of entitled children or young people at a place of care;
(b)	the living conditions, education or activities of entitled children or young people at a place of care.
(2)	The official visitor must report the belief to the chief executive in writing.
119	Ending appointment of official visitors
(1)	The Minister may end a person’s appointment as an official visitor—
(a)	for misbehaviour; or
(b)	if—
(i)	the person does not inspect a detention place, therapeutic protection place or place of care as required under a schedule under subsection (4); and
(ii)	continues to fail to inspect the place as required for 4 consecutive weeks; or
(c)	if the person is not a suitable entity.
(2)	The Minister must end the person’s appointment as official visitor—
(a)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions; or
(b)	if the person fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the person’s functions.
(3)	A person’s appointment as official visitor ends, by force of this section, if the person becomes a public employee.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
(4)	The Minister must prepare a schedule that sets out—
(a)	each detention place, therapeutic protection place and place of care that an official visitor must inspect; and
(b)	how often the official visitor must inspect each place.
120	Complaints to official visitors
(1)	An entitled child or young person, or anyone else, may complain to an official visitor about—
(a)	the detention, confinement or accommodation of an entitled child or young person; or
(b)	how a detention place, therapeutic protection place or place of care is conducted.
(2)	The entitled child or young person may make the complaint to the official visitor personally or though someone else.
(3)	If the entitled child or young person complains to the operating entity under subsection (1), the operating entity may refer the complaint to an official visitor.
Note	A person who gives information to the official visitor under this section does not breach professional ethics etc and is protected from civil liability (see s 3132).
(4)	The entitled child or young person may ask the official visitor to hear the complaint with no-one else present and, if so, the official visitor must comply.
121	Requests to see official visitor
(1)	The operating entity must ensure that an official visitor is told as soon as practicable about an entitled child or young person who has told the operating entity that the child or young person wants to see an official visitor.
(2)	An entitled child or young person need not explain to the operating entity why the child or young person wants to see an official visitor.
122	Notice of complaints
(1)	This section applies if—
(a)	an official visitor receives a complaint about a detention place, therapeutic protection place or place of care under section 120 (1); and
(b)	the operating entity for the place is not the chief executive.
(2)	The official visitor must tell the chief executive, in writing, that a complaint has been made and the name of the place to which it relates.
123	Official visitors must try to resolve complaints
(1)	After receiving a complaint in relation to a detention place, therapeutic protection place or place of care, an official visitor must take all reasonable steps to resolve the complaint with the operating entity for the place.
(2)	To resolve a complaint, the official visitor may—
(a)	make inquiries about any matter raised in the complaint; and
(b)	exercise any other function given to an official visitor under this Act.
(3)	This section is subject to the following sections:
(a)	section 125 (Complaints may be closed—referral to other entity);
(b)	section 126 (Complaints may be closed—other entity investigating);
(c)	section 128 (Complaints closed—frivolous, etc);
(d)	section 129 (Complaints closed—resolved);
(e)	section 130 (Complaints closed—cannot be resolved).
124	Withdrawal of complaints
(1)	At any time, a complainant may, by written notice given to an official visitor, withdraw a complaint.
(2)	If a complaint is withdrawn, the official visitor to whom the complaint was made must close the complaint.
125	Complaints may be closed—referral to other entity
(1)	This section applies if—
(a)	an official visitor receives a complaint; and
(b)	after considering the complaint, the official visitor is satisfied that the complaint would be better dealt with by an investigative entity with power to investigate the complaint.
(2)	The official visitor may refer the complaint to the investigative entity.
(3)	If the official visitor refers the complaint to an investigative entity, the official visitor —
(a)	may give the entity any information that the official visitor has in relation to the complaint; and
(b)	must tell the complainant about the referral; and
(c)	may close the complaint.
(4)	In this section:
	investigative entity—each of the following is an investigative entity:
(a)	the Australian Federal Police;
(b)	the human rights commission;
(c)	the public advocate;
(d)	the ombudsman.
126	Complaints may be closed—other entity investigating
(1)	This section applies if—
(a)	the official visitor receives a complaint; and
(b)	after considering the complaint, the official visitor is satisfied that the substance of the complaint has been, is being or will be investigated by the public advocate or another appropriate entity.
(2)	The official visitor—
(a)	may give the public advocate or other entity any information that the official visitor has in relation to the complaint; and
(b)	may close the complaint.
127	Information about complaints being investigated elsewhere
(1)	This section applies if—
(a)	an official visitor has referred a complaint under section 125; or
(b)	has given the public advocate or another entity information under section 126 in relation to a complaint.
(2)	The official visitor may ask the entity to whom the complaint has been referred or the public advocate or other entity investigating, or to investigate, the complaint about the investigation of the complaint.
(3)	The entity or public advocate must tell the official visitor about the investigation of the complaint.
(4)	The official visitor must tell the complainant anything the official visitor is told about the investigation of the complaint.
128	Complaints closed—frivolous, etc
(1)	This section applies if—
(a)	the official visitor receives a complaint about a detention place, therapeutic protection place or place of care; and
(b)	after considering the complaint, the official visitor is satisfied that the complaint is frivolous, vexatious or not made honestly.
(2)	The official visitor must close the complaint.
129	Complaints closed—resolved
(1)	This section applies if the official visitor—
(a)	receives a complaint about a detention place, therapeutic protection place or place of care; and
(b)	is satisfied that the complaint is resolved—
(i)	with the operating entity for the place; and
(ii)	to the satisfaction of the complainant.
(2)	The official visitor must close the complaint.
130	Complaints closed—cannot be resolved
(1)	This section applies if—
(a)	the official visitor receives a complaint about a detention place, therapeutic protection place or place of care; and
(b)	after taking all reasonable steps to resolve the complaint with the operating entity for the place, the official visitor is satisfied that the complaint cannot be resolved with the operating entity.
(2)	The official visitor must—
(a)	refer the complaint to the human rights commission for conciliation; and
(b)	close the complaint.
131	Complainant must be told if complaint closed
(1)	This section applies if an official visitor closes a complaint, other than because the complaint has been withdrawn.
(2)	The official visitor must tell the complainant—
(a)	that the official visitor has closed the complaint; and
(b)	the reasons why the official visitor has closed the complaint.
Example of reason for closing complaint
the complaint has been referred to the human rights commission for conciliation
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).
132	Reopening complaints
(1)	This section applies if—
(a)	a complaint about a detention place, therapeutic protection place or place of care is resolved with the operating entity for the place; and
(b)	as part of resolving the complaint, the operating entity agrees to do, or not do, something; and
(c)	an official visitor is satisfied that the operating entity has not done what was agreed.
(2)	The official visitor may reopen the complaint.
(3)	If the official visitor reopens a complaint, the official visitor must try to resolve the complaint under section 123.
133	Monthly reports by official visitors
(1)	As soon as practicable after the end of each month, an official visitor must give the Minister, the chief executive and the public advocate a written report for the month summarising—
(a)	the number and kinds of complaints received by the official visitor; and
(b)	the action taken on the complaints received.
(2)	The monthly report may include comments by the official visitor about anything in relation to a complaint to which the report applies.
(3)	However, an official visitor may only include in a monthly report material that may be adverse to, or critical of, a person if the official visitor has given the person an opportunity to be heard.
(4)	This section applies whether or not the adverse or critical material—
(a)	is express or implicit; or
(b)	is by way of opinion or otherwise.
134	Handover of records by official visitors
(1)	This section applies if a person’s appointment as official visitor ends.
(2)	The person must, not later than 7 days after the day the appointment ends, give any official visitor record held by the person to the public advocate or another official visitor.
(3)	To remove any doubt, an official visitor record received by the public advocate or an official visitor under this section is a record of the activities of the administrative unit responsible for the administration of this section for the purposes of the Territory Records Act 2002.
(4)	In this section:
	official visitor record held by a person, means—
(a)	a record made or received by the person because of the person’s functions as official visitor; or
(b)	information held by the person because of the person’s functions as official visitor.

Part 2.4	Suitable entities for purposes under the Act
135	Definitions—pt 2.4
(1)	In this Act:
	suitability information—see section 140.
	suitable entity—see section 136.
(2)	In this part:
	requirement notice—see section 143.
	suitability information notice—see section 141.
	suitable entities register—see section 147.
136	What is a suitable entity?
In this Act:
	suitable entity, for a stated purpose, means an entity approved by the chief executive under section 138 (Chief executive may approve suitable entity for purpose) as a suitable entity for the purpose.
Examples of suitable entities for purposes stated in the Act
1	family group conference facilitators—under s 205, the chief executive may appoint a person as a family group conference facilitator only if satisfied that the person is a suitable entity to be a family group conference facilitator
2	parental responsibility provisions—under s 1955, the Children’s Court may include a parental responsibility provision in a care and protection order for a child or young person that transfers to someone, or shares with someone, an aspect of parental responsibility for the child or young person only if the person is a suitable entity to have the aspect of parental responsibility for the child or young person
3	kinship carers—under s 2018, the chief executive may approve a relative or significant person of the child or young person to exercise responsibility for day-to-day matters for the child or young person for the chief executive only if satisfied that the relative or significant person is a suitable entity to have responsibility for day-to-day matters for the child or young person
4	foster carers for a stated child or young person—under s 2019, the chief executive may approve a person to exercise responsibility for day-to-day matters for the child or young person for the chief executive only if satisfied that the person is a suitable entity to have responsibility for day-to-day matters for the child or young person and, if the person is connected to a foster care service, the foster care service is a suitable entity to facilitate foster care services
5	foster carers for any child or young person—under s 2020 the chief executive may approve a person to exercise responsibility for day-to-day matters for any child or young person for whom the chief executive has responsibility for day-to-day matters only if satisfied that the person is a suitable entity to have responsibility for day-to-day matters for any child or young person and, if the person is connected to a foster care service, the foster care service is a suitable entity to facilitate foster care services
6	residential care services for a stated child or young person—under s 2021, the chief executive may approve an entity to exercise responsibility for day‑to‑day matters for the child or young person for the chief executive only if satisfied that the entity is a suitable entity to have responsibility for day‑to‑day matters for the child or young person
7	residential care services for any child or young person—under s 2022, the chief executive may approve an entity to exercise responsibility for day‑to‑day matters for any child or young person for whom the chief executive has responsibility for day-to-day matters only if satisfied that the entity is a suitable entity to have responsibility for day-to-day matters for any child or young person
8	childcare service licences—under s 2619, a proposed proprietor of a childcare service is eligible for a childcare service licence to operate the childcare service only if the chief executive is satisfied that the proposed proprietor is a suitable entity to provide the childcare service and each proposed controlling person for the childcare service is a suitable entity to provide the childcare service
9	research projects—under s 2804, the chief executive may approve a research project that involves a child or young person taking part in the project only if satisfied that the researcher is a suitable entity to have contact with children or young people in the way proposed in the project and any other person who is to have contact with children or young people for the project is a suitable entity to have contact with children or young people in the way proposed in the project
10	research projects—under s 2806 the chief executive may approve a research project that involves the chief executive giving the researcher protected information, that is not sensitive information, about a child or young person for the research project only if satisfied that the researcher is a suitable entity to have access to the information and any other person who is to have access to the information for the project is a suitable entity to have access to the information
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).
137	Entity may apply to be suitable entity for purpose
An entity may apply to the chief executive for approval as a suitable entity for a stated purpose.
Note	If a form is approved under s 3210 for this provision, the form must be used.
138	Chief executive may approve suitable entity for purpose
The chief executive may, in writing, approve an entity as a suitable entity for a stated purpose if satisfied that the entity is suitable for the purpose.
Note 1	Power given by a law to make a decision includes power to reverse or change the decision.  The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).
Note 2	The chief executive must establish a suitable entities register (see s 147).
139	Chief executive must consider suitability information, etc
In deciding whether an entity is a suitable entity for a stated purpose, the chief executive must consider each of the following:
(a)	suitability information about the entity;
Note	Suitability information is defined in s 140.
(b)	if the chief executive requires the entity to provide a reference or report under section 143 (2) (a)—the reference or report;
(c)	if the chief executive requires the entity to undergo a test or medical examination under section 143 (2) (b)—the result of the test or medical examination.
140	What is suitability information?
In this Act:
	suitability information, about an entity, means information about the following:
(a)	any conviction of, or finding of guilt against, the entity for an offence—
(i)	relating to the provision of services for children or young people; or
(ii)	against a child or young person; or
(iii)	involving a child or young person; or
(iv)	involving violence; or
(v)	involving sex; or
(vi)	involving dishonesty or fraud; or
(vii)	involving possession of, or trafficking in, a drug of dependence or controlled drug; or
(viii)	against an animal;
(b)	any proven noncompliance by the entity with a legal obligation in relation to providing services for children or young people;
Example
the entity is a licensed proprietor of a childcare service and the licence is suspended for safety reasons under s 2636 or under a law of another jurisdiction that substantially corresponds to s 2636
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)	any refusal, whether in the ACT or elsewhere, of an application for a licence or other authority (however described) in relation to providing services for children or young people;
(d)	the soundness of the entity’s financial reputation and the stability of the entity’s financial background;
(e)	the entity’s reputation for honesty and integrity;
(f)	whether the entity has proven experience or demonstrated capacity in providing services for children and young people;
(g)	any other consideration relevant to the entity’s ability to provide high quality services for children or young people.
141	Chief executive may require suitability information
(1)	This section applies if the chief executive is making a decision about whether an entity is a suitable entity for a stated purpose.
(2)	The chief executive may, by written notice given to the entity (a suitability information notice), require the entity to give the chief executive stated suitability information about the entity not later than a stated reasonable time.
Note	Suitability information is defined in s 140.
(3)	A suitability information notice must also tell the entity that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).
142	Chief executive need not decide suitability if information not provided
(1)	This section applies if—
(a)	the chief executive has given an entity a suitability information notice; and
(b)	the entity does not give the chief executive the suitability information in accordance with the notice.
(2)	The chief executive need not decide whether the entity is a suitable entity for a stated purpose.
143	Chief executive may require test etc
(1)	This section applies if the chief executive is making a decision about whether an entity is a suitable entity for a stated purpose.
(2)	The chief executive may, by written notice given to the entity (a requirement notice), require the entity to do any or all of the following not later than a stated reasonable time:
(a)	provide a stated reference or report;
(b)	undergo a stated test or medical examination.
Example of medical examination
a psychiatric examination
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).
144	Chief executive need not decide suitability if test not taken, etc
(1)	This section applies if—
(a)	the chief executive has given the entity a requirement notice; and
(b)	the entity does not do the thing required in accordance with the requirement notice.
(2)	The chief executive need not decide whether the entity is a suitable entity for a stated purpose.
145	Offence—ongoing duty to update suitability information
(1)	This section applies to an entity if—
(a)	either—
(i)	the chief executive is deciding whether the entity is a suitable entity for a stated purpose; or
(ii)	the chief executive has decided that the entity is a suitable entity for a stated purpose and the entity is exercising functions for the purpose; and
(b)	the entity has given the chief executive suitability information about the entity.
Note	Suitability information is defined in s 140.
(2)	The entity commits an offence if—
(a)	the entity’s suitability information under section 140 (a), (b) or (c) changes; and
(b)	the entity does not tell the chief executive about the change as soon as practicable, but no later than 7 days after the change happens.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(3)	The entity commits an offence if—
(a)	the entity becomes bankrupt or executes a personal insolvency agreement; and
(b)	the entity does not tell the chief executive about the bankruptcy or agreement as soon as practicable, but no later than 7 days after the bankruptcy happens or agreement is executed.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(4)	The entity commits an offence if—
(a)	any of the following makes an adverse finding against the entity:
(i)	a court or tribunal;
(ii)	an authority or person with power to require the production of documents or the answering of questions; and
Examples—subpar (ii)
1	commissioner for fair trading
2	human rights commission
3	discrimination commissioner
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).
(b)	the entity does not tell the chief executive about the finding as soon as practicable, but no later than 7 days after the finding is made.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
Note	Power given by a law to make a decision includes power to reverse or change the decision.  The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).
146	Chief executive may employ etc suitable entity
The chief executive may appoint, engage, employ or authorise a suitable entity for a stated purpose (whether for payment or as a volunteer) for children and young people under this Act.
147	Suitable entities register
(1)	The chief executive must establish a register of suitable entities (the suitable entities register) for this Act.
(2)	The suitable entities register must include the following details for each suitable entity:
(a)	the entity’s name;
(b)	the purpose for which the entity is approved;
(c)	any other detail the chief executive considers appropriate;
(d)	anything else prescribed by regulation for this section.

Chapter 3	Family group conferences
Part 3.1	Family group conferences—general
200	Family group conferences—definitions for Act
In this Act:
	family group conference—see section 202.
	family group conference agreement—see section 203.
	family group conference facilitator means a family group conference facilitator appointed under section 205.
	participant, for a family group conference, means a person who attends the conference at the invitation of the family group conference facilitator.
	parties, for a family group conference agreement, means the participants who enter (or propose to enter) a family group conference agreement under section 213.
	relevant conference participant, for a family group conference about a child or young person, means a participant who has an aspect of parental responsibility for the child or young person.
Note	Parental responsibility, for a child or young person, is dealt with in div 1.3.2.
201	Family group conferences—objects
The objects of a family group conference about a child or young person are to—
(a)	encourage the child or young person, their family members and relatives, to take part in decisions affecting the child or young person; and
(b)	increase the support for the child or young person by their family members, relatives and other people who are significant in the child or young person’s life; and
(c)	reduce the likelihood of the child or young person being in need of care and protection in the future.
202	What is a family group conference?
In this Act:
	family group conference means a conference about a child or young person to give the participants an opportunity to—
(a)	reach an agreement about a matter relating to the welfare of the child or young person; and
(b)	enter into a family group conference agreement detailing the agreed arrangements for the welfare of the child or young person; and
(c)	if a family group conference agreement is already in force for the child or young person—review the agreement.
203	What is a family group conference agreement?
(1)	In this Act:
family group conference agreement means an agreement that—
(a)	arises from a family group conference about a child or young person; and
(b)	is between—
(i)	the chief executive; and
(ii)	a relevant conference participant; and
(c)	details the arrangements agreed to by the parties for the welfare of the child or young person; and
(d)	is in writing and signed by—
(i)	the chief executive; and
(ii)	the relevant conference participant; and
(iii)	any other conference participant who agrees with the arrangements; and
(e)	may, but need not, include a requirement for the chief executive to arrange for a family group conference to review the family group conference agreement not later than a stated day.
(2)	However, a family group conference agreement must not—
(a)	transfer an aspect of parental responsibility for the child or young person from a person to the chief executive; or
(b)	share an aspect of parental responsibility for the child or young person with the chief executive; or
(c)	have an effect equivalent to an enduring parental responsibility provision in a care and protection order for the child or young person.
Note 1	Parental responsibility, for a child or young person, is dealt with in div 1.3.2.
Note 2	Enduring parental responsibility provisions in care and protection orders are dealt with in div 18.6.4.
204	Offence—publish details of family group conferences
(1)	A person commits an offence if the person publishes all or part of—
(a)	a family group conference agreement; or
(b)	a family group conference outcome report; or
(c)	a record or report prepared for and presented to a family group conference.
Maximum penalty:  50 penalty units.
(2)	A person commits an offence if the person publishes anything said or done at a family group conference.
Maximum penalty:  50 penalty units.
(3)	This section does not apply if the publication is made under this Act.
Note	Ch 29 contains further provisions about information secrecy and sharing.

Part 3.2	Family group conferences—facilitators
205	Family group conference facilitators—appointment
(1)	The chief executive may appoint a person as a facilitator (a family group conference facilitator) for this chapter.
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
(2)	However, the chief executive may appoint a person to be a family group conference facilitator only if satisfied that the person is a suitable entity to be a family group conference facilitator.
Note 	Suitable entities to provide services are dealt with in pt 2.4.
(3)	An appointment is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
206	Family group conference facilitators—functions
A family group conference facilitator has the function of facilitating each family group conference to which the facilitator is assigned by the chief executive under section 210.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Examples of ways facilitator may facilitate family group conference
1	preparing for the family group conference by—
•	meeting with proposed participants; and
•	providing mediation between proposed participants; and
•	resolving conflict between proposed participants
2	consulting someone with knowledge of a particular culture
3	asking someone to give information or a report to the conference without inviting the person to be a participant
4	inviting someone to attend the conference as a participant, at any time
5	allowing someone to take part in the conference by telephone or in another way
6	deciding when and where the family group conference will take place
Note 1	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).
Note 2	A family group conference facilitator may give the chief executive protected information (including sensitive information) about a child or young person if the family group conference facilitator considers that the giving of the information is in the best interests of the child or young person (see s 3112).
207	Family group conference facilitators—register
The chief executive must establish a register of family group conference facilitators.

Part 3.3	Family group conferences—arrangement and conduct
208	Family group conferences—criteria
The chief executive may arrange for a family group conference about a child or young person if satisfied that the family group conference may help to promote the welfare of the child or young person.
Examples
1	if a family group conference agreement is already in force for the child or young person and the chief executive considers that the agreement should be reviewed
2	if the child or young person is in out-of-home care and the chief executive considers that a family group conference may promote the child’s or young person’s contact with his or her family members, relatives or other people who are significant in the child or young person’s life
3	if the child or young person is about to be released from a detention place and the chief executive considers that a family group conference may help the child’s or young person’s transition back into the community
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).
209	Family group conferences—criteria for review conference
(1)	This section applies if a family group conference agreement is in force for a child or young person.
(2)	The chief executive must arrange for a family group conference to review the family group conference agreement if the chief executive is—
(a)	required to do so in the agreement; or
(b)	asked to do so by—
(i)	the child or young person; or
(ii)	a person who—
(A)	has an aspect of parental responsibility for the child or young person; and
(B)	is a signatory to the agreement.
(3)	However, the chief executive is not required to arrange for a family group conference under subsection (2) (b) if the chief executive—
(a)	has already convened a conference to review the agreement because of a request under subsection (2) (b); and
(b)	considers it inappropriate to do so.
210	Family group conferences—facilitator to organise
(1)	If the chief executive arranges a family group conference about a child or young person, the chief executive must assign a family group conference facilitator to the conference.
(2)	The family group conference facilitator must, as soon as practicable after being assigned to the family group conference—
(a)	decide, under section 211 (b) to (e), who should be invited to the conference; and
(b)	tell each person to be invited to the conference, in writing, when and where the conference will take place; and
(c)	conduct the conference.
211	Family group conferences—who must be invited
A family group conference facilitator for a family group conference must invite the following people to the family group conference:
(a)	the chief executive;
(b)	if the family group conference facilitator is satisfied that the child or young person can understand and take part in the conference—the child or young person;
(c)	each parent of the child or young person, unless the family group conference facilitator considers that it would not be in the best interests of the child or young person for the parent to attend;
(d)	each other person (if any) who has an aspect of parental responsibility for the child or young person, unless the family group conference facilitator considers that it would not be in the best interests of the child or young person for the person to attend;
Note	Parental responsibility, for a child or young person, is dealt with in div 1.3.2.
(e)	any person with an interest in, or knowledge of, the care, welfare or development of the child or young person who the family group conference facilitator considers should attend the conference.
212	Family group conferences—compliance with standards
A family group conference facilitator must conduct a family group conference in a way that complies with the family group conference standards (if any).
Note	The Minister may make family group conference standards under s 3211.
213	Family group conferences—parties reach agreement
(1)	This section applies if the family group conference facilitator for a family group conference about a child or young person is satisfied that the chief executive and all relevant conference participants (the parties) have reached agreement about an issue relating to the welfare of the child or young person.
Note	Relevant conference participant means a participant who has an aspect of parental responsibility for the child or young person (see s 200).
(2)	The facilitator must—
(a)	propose that the parties enter a family group conference agreement detailing the agreed arrangements for the welfare of the child or young person; and
(b)	give the relevant conference participant an opportunity to get legal advice about the meaning and effect of the proposed family group conference agreement; and
(c)	if the facilitator is satisfied that the child or young person is able to understand the proposed family group conference agreement—
(i)	give the child or young person an opportunity to get legal advice about the meaning and effect of the proposed family group conference agreement; and
(ii)	find out and consider the child’s or young person’s views and wishes about the proposed family group conference agreement.
214	Family group conferences—young person does not agree
(1)	This section applies if a family group conference agreement proposed under section 213 (2) (a) is about a young person who is school‑leaving age or older.
Note	School-leaving age is 15 years old (see dict).
(2)	The parties may enter the proposed family group conference agreement only if the facilitator for the family group conference is satisfied that the young person either—
(a)	agrees to the proposed family group conference agreement; or
(b)	does not have capacity to agree.
215	Family group conferences—before family group conference agreement
(1)	This section applies if the family group conference facilitator for a family group conference about a child or young person—
(a)	has, under section 213—
(i)	proposed that the parties enter a family group conference agreement; and
(ii)	given the relevant conference participant an opportunity to get legal advice; and
(iii)	if required, found out and considered the child’s or young person’s views and wishes; and
(b)	for a young person who is school-leaving age or older—is satisfied under section 214 that the young person either—
(i)	agrees to the proposed family group conference agreement; or
(ii)	does not have capacity to agree.
(2)	The facilitator must encourage the parties to enter into the proposed family group conference agreement by putting the agreement in writing and seeking—
(a)	the signatures of the parties; and
(b)	the signature of any other participant who agrees with the arrangements in the agreement.
216	Family group conferences—outcome report
(1)	After a family group conference, the family group conference facilitator must give the chief executive a written report about the outcome of the conference (the family group conference outcome report).
(2)	A family group conference outcome report must include the following:
(a)	details of when and where the conference took place;
(b)	the name of—
(i)	the family group conference facilitator; and
(ii)	each person invited to the conference and whether they attended; and
(iii)	the name of anyone else who was not a participant but who provided information or a report to the conference;
(c)	if the conference resulted in a family group conference agreement—a copy of the family group conference agreement.
217	Family group conference agreements—copy to people invited
After receiving a family group conference agreement, the chief executive must give a copy of the agreement to each person invited to attend the family group conference.
218	Family group conference agreements—implementation
After receiving a family group conference agreement, the chief executive must implement the arrangements in the agreement in a way that complies with the family group conference agreement standards.
Note 1	The Minister may make family group conference agreement standards under s 3211.
Note 2	If a family group conference agreement transfers or shares an aspect of parental responsibility for the child or young person to, or with, someone else (who is not the chief executive) the Childrens Court may register the family group conference agreement and it is enforceable as if it were a court order (see pt 16.2).
Note 3	The parties to a family group conference agreement may agree that an aspect of parental responsibility for a child or young person be transferred to, or shared with, someone else (other than the chief executive (see s 203)).  If so, the Childrens Court may be able to register the family group conference agreement.  A registered family group conference agreement has effect as if it were a care and protection order and may be enforced accordingly.  Registration of family group conference agreements is dealt with in pt 16.2 (Registration of family group conference agreements that transfer or share parental responsibility).

Chapter 4	The Childrens Court and other courts
Part 4.1	The Childrens Court
300	Childrens Court
(1)	The Magistrates Court is known as the Childrens Court when it is constituted by the Childrens Court Magistrate exercising the jurisdiction given under section 301.
(2)	The Magistrates Court is also known as the Childrens Court when it is constituted by a magistrate assigned under section 307 (Assignment of other magistrates for Childrens Court matters) who is exercising the jurisdiction given under section 301.
(3)	The Magistrates Court is also known as the Childrens Court when it is constituted by a magistrate who is acting under section 308 (2) (Completion of part-heard matters).
(4)	The Childrens Court must have a seal.
301	Jurisdiction of Childrens Court
(1)	The Childrens Court has jurisdiction to hear and decide—
(a)	indictments against children and young people; and
(b)	applications and other proceedings under this Act in relation to children and young people.
(2)	A proceeding transferred to the Childrens Court under chapter 21 (Care and protection—interstate transfer of orders and proceedings) is a proceeding under this Act in relation to children and young people.
(3)	Subsection (1) does not prevent a magistrate other than the Childrens Court Magistrate from—
(a)	exercising a function or power given to a magistrate under a provision of this Act; or
(b)	exercising a power given to a magistrate under a law of the Territory to admit a child or young person to bail under the Bail Act 1992 or to remand a child or young person in custody.
302	Jurisdiction and age
(1)	In deciding whether the Childrens Court has jurisdiction to hear a proceeding in relation to a person, regard must be had to the person’s age when the proceeding begins.
(2)	This section does not apply to a proceeding to which section 504 (Childrens Court jurisdiction and age—criminal matters) applies.
Note	Section 504 applies to a criminal proceeding against a young offender.
303	Chief Magistrate to arrange business of Childrens Court
(1)	The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the business of the Childrens Court.
(2)	The Chief Magistrate may, subject to appropriate and practicable consultation with the magistrates, make arrangements about—
(a)	the magistrate who is to be the Childrens Court Magistrate; and
(b)	the assignment of a magistrate under section 306 (Acting Childrens Court Magistrate); and
(c)	the assignment of a magistrate under section 307 (Assignment of other magistrates for Childrens Court matters).
304	Childrens Court Magistrate to hear all matters
(1)	The Childrens Court Magistrate is responsible for dealing with all matters within the jurisdiction of the Childrens Court.
(2)	Subsection (1) is subject to—
(a)	section 307 (Assignment of other magistrates for Childrens Court matters); and
(b)	section 308 (Completion of part-heard matters).
Note	A magistrate assigned to act as Childrens Court Magistrate is the Childrens Court Magistrate for this Act (see s 306 (2)).

Part 4.2	Childrens Court Magistrate
305	Childrens Court Magistrate
(1)	The Chief Magistrate must declare 1 magistrate to be the Childrens Court Magistrate for a stated term of up to 2 years.
(2)	The Chief Magistrate must revoke the declaration if asked, in writing, by the Childrens Court Magistrate.
(3)	The Chief Magistrate may declare himself or herself to be the Childrens Court Magistrate.
(4)	A declaration, or revocation, under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
306	Acting Childrens Court Magistrate
(1)	The Chief Magistrate may assign a magistrate to act as Childrens Court Magistrate only if—
(a)	there is no Childrens Court Magistrate; or
(b)	the Childrens Court Magistrate—
(i)	is absent from duty or from the ACT; or
(ii)	cannot exercise the functions of the Childrens Court Magistrate for another reason.
(2)	A magistrate assigned to act as Childrens Court Magistrate is the Childrens Court Magistrate for this Act and any other Act.
307	Assignment of other magistrates for Childrens Court matters
(1)	The Chief Magistrate may assign another magistrate to deal with a matter if the Childrens Court Magistrate is unable to deal with the matter—
(a)	without delay that is likely to prejudice the wellbeing of a child or young person; or
(b)	because of a conflict of interest, or a perceived conflict of interest.
(2)	A magistrate may be assigned under subsection (1) (a) only if the Chief Magistrate is satisfied the assignment is necessary having regard to—
(a)	how the delay is likely to prejudice the child’s or young person’s wellbeing; and
(b)	the principle in section 10 that in making a decision under the Act in relation to a particular child or young person, the decision-maker must regard the best interests of the child or young person as the paramount consideration; and
(c)	the degree of urgency of the matter to be dealt with by the assigned magistrate; and
(d)	the views and wishes (if any) of the Childrens Court Magistrate on the proposed assignment.
(3)	This section does not create a right in relation to the assignment of a matter under this section.
(4)	Without limiting subsection (3), the decision to assign or not to assign a matter under this section—
(a)	must not be challenged or called into question in any court; and
(b)	is not subject to prohibition, mandamus or injunction in any court.
(5)	This section is in addition to, and does not limit, section 306 (Acting Childrens Court Magistrate).
308	Completion of part-heard matters
(1)	This section applies if—
(a)	a magistrate begins to deal with a Childrens Court matter under this chapter; and
(b)	before the matter is finally decided, the magistrate ceases to—
(i)	be the Childrens Court Magistrate; or
(ii)	hold an assignment under section 306 (Acting Childrens Court Magistrate); or
(iii)	hold an assignment under section 307 (Assignment of other magistrates for Childrens Court matters).
(2)	The magistrate may continue to deal with the matter until it is finally decided.
Note	The Magistrates Court is known as the Childrens Court when it is constituted by a magistrate acting under s (2) (see s 300 (3)).

Part 4.3	Childrens Court proceedings
Division 4.3.1	Childrens Court proceedings—general
309	Childrens Court procedure
(1)	The Magistrates Court Act 1930 (other than chapter 4 (Civil proceedings)) applies to the Childrens Court in relation to a proceeding under a criminal matters chapter.
(2)	The rules under the Court Procedures Act 2004 applying to civil proceedings in the Magistrates Court apply to the Childrens Court in relation to any other proceeding under this Act.
310	Interaction of people in Childrens Court precincts
The sittings of the Childrens Court must be arranged to keep each of the following to a minimum:
(a)	the extent to which children and young people can associate with each other inside the court precincts while awaiting the hearing of proceedings;
(b)	the extent to which parents and other people need to be in common waiting rooms while awaiting the hearing of proceedings.
311	Childrens Court may make orders about service
The Childrens Court may make any of the following orders:
(a)	an order dispensing with service of a notice, order or other instrument under this Act;
(b)	an order for substituted service of a notice, order or other instrument under this Act;
(c)	an order shortening the time for serving a notice, order or other instrument under this Act.
312	Parents must attend Childrens Court proceedings
(1)	This section does not apply to a proceeding under chapter 14 (Care and protection—general).
(2)	A parent of a child or young person who is the subject of a proceeding in the Childrens Court must attend the court throughout the proceeding if—
(a)	notice of the proceeding has been given to the parent; or
(b)	the parent otherwise knows of the proceeding.
(3)	Notice of a proceeding given to a parent must state—
(a)	when and where the hearing of the proceeding will begin; and
(b)	that a warrant may be issued to bring the parent before the Childrens Court if the parent does not attend throughout the proceeding.
(4)	The Childrens Court may issue a warrant to bring a parent of a child or young person before the court if—
(a)	notice of the proceeding has been given to a parent of the child or young person; but
(b)	neither parent attends the court at the beginning of, or at any time during, the proceeding.
(5)	If the parent is brought before the Childrens Court on the warrant and the court is not satisfied that the parent has a reasonable excuse for not attending, the court may admit the parent to bail on an undertaking by the parent, with or without sureties, to attend the court throughout the remainder of the proceeding.
(6)	This section applies to a parent who lives inside or outside the ACT.
313	Childrens Court proceedings not open to public
The following people are the only people who may be present at the hearing of a proceeding in the Childrens Court:
(a)	an officer of the court;
(b)	a party to the proceeding, a lawyer representing the party, and an employee of the lawyer;
(c)	a parent of the child or young person who is the subject of the proceeding;
(d)	someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person who is the subject of the proceeding;
(e)	anyone else the court admits as the child’s or young person’s representative;
(f)	the chief executive or an authorised person;
(g)	the public advocate or a person authorised by the public advocate for this section;
(h)	a person who has, or a representative of an entity that has, provided a report under chapter 14 (Care and protection—general);
(i)	if the proceeding is a proceeding under a criminal matters chapter—a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer;
Note	Identifying information etc about the child or young person, or a relative, must not be published (see s 326).
(j)	anyone else required or permitted to be present by the court or under this Act.
314	Childrens Court may excuse parties from attending
(1)	The Childrens Court may excuse a party to a proceeding under this Act from attending all or part of the proceeding on the application of the party.
(2)	The Childrens Court may, at any time and by notice given to the party, require the party to attend the proceeding.
315	Related applications may be heard together
(1)	If 2 or more applications under this Act have been filed about a child or young person, the Childrens Court may hear and decide the applications together if it considers that it would be in the best interests of the child or young person.
(2)	If 2 or more applications under this Act are before the Childrens Court in relation to children or young people who are related or that raise related matters, the court may hear and decide the applications together if it considers that it would be in the best interest of each child or young person.

Part 4.4	Childrens Court and other courts
316	Participation of children and young people in proceedings
(1)	A child or young person has a right to take part in a proceeding under this Act in relation to the child or young person.
(2)	The chief executive must give the child or young person sufficient information about the proceeding, in language and a way that the child or young person can understand, to allow the child or young person to take part fully in the proceeding.
Note	If the proceeding involves a decision under ch 14 (Care and protection—general) for a child or young person, the court must endeavour to ensure that the child or young person, the parents of the child or young person, and any other person (if any) who has responsibility for day-to-day matters, or long-term matters, for the child or young person, understand what the decision is going to be about, understand the decision-making process, know that they may take part in the decision-making process and have their views and wishes heard and are informed of, and understand, the decision (see s 1515).
317	Court must ensure children and young people etc understand proceedings
In a proceeding under this Act or another Territory law in any court having jurisdiction in the ACT to which a child or young person is a party, the court must endeavour to ensure that the child or young person and any other party present at the hearing of the proceeding—
(a)	understands the nature and purpose of the proceeding and of any order that the court proposes to make or has made; and
(b)	if any relevant right of appeal exists—knows of the existence of a right of appeal against the relevant finding or order of the court.
Note	A decision-maker making a decision under ch 14 (Care and protection—general) for a child or young person must endeavour to ensure that the child or young person, the parents of the child or young person and each other person (if any) who has responsibility for day‑to‑day matters, or long-term matters, for the child or young person, understand what the decision is going to be about, understand the decision-making process, know that they may take part in the decision‑making process and have their views and wishes heard and are informed of, and understand, the decision (see s 1515).
318	Chief executive and public advocate may appear at proceedings
(1)	This section applies if there is a hearing in a court of—
(a)	an information or complaint against a child or young person; or
(b)	an application, proceeding or matter under this Act or in relation to which this Act applies.
(2)	The chief executive or public advocate, an authorised person or someone authorised by the public advocate for this section, is entitled to appear and be heard and may call witnesses.
(3)	This section does not apply to an application, proceeding or matter under chapter 18 (Care and protection—care and protection orders) or to which that chapter applies.
319	Court may order report about guilty young people
(1)	A court hearing any proceeding in relation to or against a child or young person may order a chief executive responsible for the welfare of children and young people in the ACT to give the court a report about the child or young person.
(2)	A chief executive given an order must, despite any other law of the ACT, give a report.
(3)	In giving effect to an order under subsection (1), the chief executive may do 1 or more of the following:
(a)	visit and interview the child or young person;
(b)	interview a parent of the child or young person;
(c)	interview a schoolteacher or other person involved with the education or welfare of the child or young person;
(d)	require the child or young person to submit to being interviewed by a doctor or other named person.
Note	A person who gives information honestly and without recklessness under this section does not breach professional ethics etc and is protected from civil liability (see s 3132).
320	Report may be given to parties
(1)	Unless a court otherwise orders, a copy of a report provided under section 319 must be made available to the parties to the proceeding.
(2)	The person providing a report under section 319 may be called as a witness by a party to the proceeding.
321	Children and young people may have legal and other representative
(1)	In a proceeding in a court in relation to a child or young person, the child or young person may be represented by a lawyer or litigation representative, or both.
(2)	A representative of the child or young person must ensure that views and wishes stated by the child or young person are put to the court.
(3)	A representative of the child or young person must tell the court whether the representative is acting on the child’s or young person’s instructions or in the best interests of the child or young person, or both.
322	Leave needed for litigation representative
(1)	In a proceeding in a court in relation to a child or young person, a person may be a litigation representative for the child or young person only if the court gives leave.
(2)	The court may give leave for a person to be a litigation representative of a child or young person only if both the person and the child or young person have been given an opportunity to be heard about the appointment.
323	Legal representation of children and young people
A court may hear an application in relation to a child or young person only if—
(a)	the child or young person has a lawyer; or
(b)	the court is satisfied that—
(i)	the child or young person has had a reasonable opportunity to get legal representation; and
(ii)	the best interests of the child or young person will be adequately represented in the proceeding.
324	Orders about legal representation of children and young people
(1)	This section applies if, in a proceeding in a court in relation to a child or young person—
(a)	the child or young person does not have a lawyer; and
(b)	either—
(i)	the court is not satisfied that the child or young person has made, or can make, an informed and independent decision not to be represented by a lawyer, and it considers that the child or young person should be represented by a lawyer; or
(ii)	the court is not satisfied the interests of the child or young person will be adequately represented in the proceeding.
(2)	A person (the applicant) may apply to the court for the child or young person to have legal representation.
(3)	The applicant must give a copy of the application to the following people before the application is heard by the court:
(a)	each party to the proceedings;
(b)	the public advocate.
(4)	The court may, on application or on its own initiative, make any order, or give any direction, it considers necessary or desirable to allow the child or young person a reasonable opportunity to get a lawyer.
325	Lawyer to act on instructions of children and young people
In a proceeding in a court in relation to a child or young person, a lawyer representing the child or young person must—
(a)	if the lawyer is satisfied that, because of the child’s or young person’s age, maturity and level of understanding of the proceeding, the child or young person can give the lawyer instructions—act and make representations to the court in accordance with the instructions; or
(b)	in any other case—act and make representations to the court in the best interests of the child or young person and having regard to the objects and principles of this Act.
326	Offence—publish identity of children and young people
(1)	This section applies to a proceeding in relation to a child or young person—
(a)	under this Act; or
(b)	to which this Act applies; or
(c)	under a law of a State that relates to the welfare of children or young people.
(2)	A person commits an offence if—
(a)	the person publishes an account or report of the proceeding; and
(b)	the account or report—
(i)	discloses identifying material in relation to the child or young person or a relative of the child or young person; or
(ii)	allows identifying material in relation to the child or young person, or a relative of the child or young person, to be worked out.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
(3)	A prosecution for an offence against subsection (2) may be started only by, or with the written agreement of, the Attorney-General or DPP.
(4)	This section applies to a proceeding started or finished before the commencement of this section.
(5)	In this section:
	identifying material, in relation to a child or young person, or relative of the child or young person, means the name, address or suburb of the child, young person or relative.

Chapter 5	Children and young people and criminal matters
400	Overview of criminal matters chapter
(1)	In this Act:
	criminal matters chapter—each of the following is a criminal matters chapter:
(a)	this chapter;
(b)	Chapter 6 (Criminal matters—proceedings);
(c)	Chapter 7 (Criminal matters—sentencing and non-conviction options);
(d)	Chapter 8 (Criminal matters—sentence administration);
(e)	Chapter 9 (Criminal matters—transfers);
(f)	Chapter 10 (Criminal matters—detention places);
(g)	Chapter 11 (Criminal matters—search and seizure at detention places);
(h)	Chapter 12 (Criminal matters—discipline at detention places).
(2)	This chapter sets out the principles (the young offender principles) that apply in the criminal matters chapters and defines some commonly used terms.
(3)	Chapter 6 sets out how and when children and young people are detained and the process that must be followed before a hearing, during a hearing and after a hearing, but does not deal with sentencing.
(4)	Chapter 7 deals with the sentencing and non-conviction options in relation to children and young people who have been convicted or found guilty of an offence.
(5)	Chapter 8 deals with sentence administration for young offenders.
(6)	Chapter 9 deals with transfers of young detainees.
(7)	Chapter 10 deals with detention places generally.
(8)	Chapter 11 deals with search and seizure at detention places.
(9)	Chapter 12 deals with the discipline of young detainees at detention places.
401	Principles applying to criminal matters chapters
In making a decision under the criminal matters chapters in relation to a child or young person (however described), the decision-maker must—
(a)	consider the best interests of the child or young person; and
(b)	apply the young offender principles.
Note	Under s 8, other general principles also apply.
402	Young offender principles
The following principles are the young offender principles:
(a)	if a child or young person does something that is contrary to law, he or she should be encouraged to accept responsibility for the behaviour and be held accountable;
(b)	a child or young person should be dealt with in a way that acknowledges his or her needs and that will provide the opportunity to develop in socially responsible ways;
(c)	a child or young person may only be detained in custody for an offence (whether on arrest, on remand or under sentence) as a last resort;
(d)	children, young people and other young offenders should be dealt with in the criminal law system in a way consistent with their age and maturity and have at least the same rights and protection before the law as would adults in similar circumstances;
(e)	on and after conviction, it is a high priority to give a young offender the opportunity to re-enter the community;
(f)	a balanced approach must be taken between the need to rehabilitate the young offender, the rights of any victim of the young offender’s offence and the interests of the community.
403	Definitions—criminal matters chapters
In the criminal matters chapters:
	escort officer means a police officer or authorised person.
	guilty young person—see section 600.
	prohibited area means an area declared to be a prohibited area under section 1014.
	young detainee—see section 900.
	young offender—see section 404.
	young offender principles—see section 402.
404	Who is a young offender?
(1)	In the criminal matters chapters:
	young offender means—
(a)	a person for whom the Childrens Court has made an order mentioned in section 606 (Non-conviction orders—general) or section 610 (Conviction orders—general), other than an order requiring the person to submit to the jurisdiction of the mental health tribunal; or
(b)	a person who—
(i)	has committed an offence against a law of a State; and
(ii)	is under 18 years old, or is under 21 years old and was under 18 years old when the offence was committed; and
(iii)	has been dealt with for the offence under a young offenders law of the State, but is not on remand.
(2)	In this section:
	young offenders law, of a State, means a law of the State about the punishment of offenders who are under 18 years old when they commit offences.
405	Other rights and freedoms not affected
The criminal matters chapters, as far as they protect a child or young person—
(a)	are in addition to the rights and freedoms of the child or young person under any other law in force in the Territory; and
(b)	are not intended to exclude or limit the operation of any other law as far as it is capable of having effect concurrently with the criminal matters chapters.

Chapter 6	Criminal matters—proceedings
Part 6.1	Children and young people and criminal proceedings—preliminary
500	Definitions—ch 6
In this chapter:
committed an offence, for a child or young person, includes committed an offence with someone else or other people.
	under restraint—see section 501.
Note	See also the definitions of young offender (s 404) and young offender principles (s 402).
501	When are children and young people under restraint?
(1)	For this chapter, a child or young person is under restraint if—
(a)	the child or young person is under restraint as a result of having been lawfully arrested or detained; or
(b)	the child or young person is under restraint in relation to an offence and a police officer reasonably believes that—
(i)	the child or young person committed the offence; or
(ii)	the police officer would be authorised under a law in force in the ACT to arrest the child or young person for the offence; or
(c)	the child or young person is in the company of a police officer in connection with the investigation of an offence or possible offence.
(2)	In this section:
	police officer includes a person holding a position under a territory law and having power because of the position to arrest or detain someone, or to take someone into the person’s custody, but does not include an authorised person exercising a function at a detention place.
502	When are children and young people in the company of a police officer?
(1)	For section 501 (1) (c), a child or young person is in the company of a police officer in connection with the investigation of an offence or possible offence if—
(a)	the police officer would not allow the child or young person to leave if the child or young person wished to do so; or
(b)	the child or young person is waiting at a place at the request of a police officer in connection with the investigation of the offence or possible offence.
(2)	For subsection (1), it does not matter whether or not—
(a)	the police officer reasonably believes that the child or young person has committed the offence; or
(b)	the child or young person is in lawful custody in relation to the offence.
(3)	However, for section 501 (1) (c), a child or young person is not in the company of a police officer in connection with the investigation of an offence or possible offence—
(a)	if—
(i)	the child or young person is with a police officer by a roadside (whether or not the child or young person is in a motor vehicle); and
(ii)	the police officer is investigating an offence or possible offence, other than an indictable offence or possible indictable offence, arising out of the use of a motor vehicle; or
(b)	if the child or young person is with a police officer for breath analysis, a screening test or the taking of a blood sample under the Road Transport (Alcohol and Drugs) Act 1977; or
(c)	if—
(i)	the child or young person is with an inspector under the Liquor Act 1975; and
(ii)	the inspector is investigating an offence or possible offence against that Act that the inspector reasonably believes was not committed by the child or young person.
(4)	In this section:
	motor vehicle—see the Road Transport (General) Act 1999, dictionary.
	police officer—see section 501 (2).

Part 6.2	Children, young people and young adults—criminal proceedings in ACT
Division 6.2.1	General
503	Saving of other laws
This part does not affect the operation of the common law or any other law in force in the ACT except as otherwise expressly provided by this Act.
504	Childrens Court jurisdiction and age—criminal matters
(1)	In deciding whether an information alleging an offence by an individual should be heard and decided by the Childrens Court, regard should be had to the individual’s age at the time of the alleged offence.
(2)	If an individual was younger than 18 years old at the time of an alleged offence and between the ages of 18 years and 18 years 6 months at the time of the individual’s first appearance in the Childrens Court after having been charged with the alleged offence—
(a)	the individual must be dealt with under this chapter until the time (if any) that the court finds the offence proved; and
(b)	in dealing with the individual, this chapter applies to the individual as if the individual were a young person; and
(c)	if the court finds the offence proved, the individual must be dealt with as an adult.
(3)	If an individual was younger than 18 years old at the time of an alleged offence and over the age of 18 years 6 months at the time of the individual’s first appearance in the Childrens Court after having been charged with the alleged offence, the individual must be dealt with as an adult unless the Childrens Court considers it appropriate for the individual to be dealt with as a young person.
(4)	If the Childrens Court considers it appropriate for an individual mentioned in subsection (3) to be dealt with as a young person—
(a)	the individual must be dealt with under this chapter until the time (if any) that the court finds the offence proved; and
(b)	in dealing with the individual, this chapter applies to the individual as if the individual were a young person; and
(c)	if the court finds the offence proved, the individual must be dealt with as an adult.
505	Proceedings where children and young people jointly charged with adults
(1)	If a child or young person and an adult are jointly charged with an offence, section 301 (Jurisdiction of the Childrens Court) applies to a proceeding against the child or young person arising out of the charge as if the child or young person had been charged separately.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	Section 301 does not apply to the preliminary examination for an indictable offence alleged to have been committed jointly by a child or young person and an adult if the Chief Magistrate, having regard to the nature of the alleged offence and the time and expense involved in carrying out the preliminary examinations separately, orders that the section does not apply.
506	Power to apprehend children younger than 10 years old
(1)	This section applies if a police officer believes on reasonable grounds that—
(a)	a person (the child) is a child younger than 10 years old; and
(b)	the child has carried out, or is carrying out, conduct that makes up the physical elements of an offence; and
(c)	the child is on premises.
(2)	The police officer may, with reasonable and necessary force, enter the premises and apprehend the child under a warrant.
(3)	The police officer may also, with reasonable and necessary force, enter the premises and apprehend the child if the police officer believes on reasonable grounds—
(a)	that—
(i)	conduct that makes up the physical elements of an offence or a breach of the peace is being or is likely to be carried out; or
(ii)	a person has suffered physical injury; or
(iii)	there is imminent danger of injury to a person or damage to property; and
(b)	it is necessary to enter the premises immediately—
(i)	to prevent the conduct or a repetition of the conduct; or
(ii)	to protect life or property.
Note	The Criminal Code, div 2.3.1 deals with the criminal responsibility of children.
(4)	If apprehending a child under subsection (2) or (3), the police officer may use reasonable and necessary force.
(5)	If the police officer apprehends the child under subsection (2) or (3), the police officer must—
(a)	take the child to—
(i)	a parent of the child; or
(ii)	someone else who has responsibility for day-to-day matters, or long-term matters, for the child; or
(b)	if it is not practicable or appropriate to take the child to someone mentioned in paragraph (a)—
(i)	place the child with a suitable person who is prepared to care for the child; and
(ii)	tell the chief executive about the placement.
Example—par (b)
if an offence has been committed and the parent or person with parental responsibility appears to be involved in the commission of the offence
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).
Division 6.2.2	Preliminary procedures
507	Interviewing children and young people about offences
(1)	This section applies if a police officer—
(a)	reasonably suspects that a child or young person may have committed—
(i)	an indictable offence; or
(ii)	a personal violence offence; or
Note	Personal violence offence—see the dictionary.
(iii)	an offence against property; or
(b)	reasonably believes that a child or young person may be implicated in the commission of—
(i)	an indictable offence; or
(ii)	a personal violence offence; or
(iii)	an offence against property; or
(c)	is holding a child or young person under restraint.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	A police officer must not interview the child or young person about an offence, or cause the child or young person to do anything in relation to the investigation of an offence, unless 1 of the following adults is present:
(a)	a parent (who is not a police officer who has been involved in investigating the offence) of the child or young person;
(b)	another person (who is not a police officer who has been involved in investigating the offence) who has responsibility for day-to-day matters, or long-term matters, for the child or young person;
(c)	a relative (who is not a police officer who has been involved in investigating the offence) of the child or young person who is acceptable to the child or young person;
(d)	a lawyer acting for the child or young person;
(e)	another suitable person (who is not a police officer who has been involved in investigating the offence) who is acceptable to the child or young person;
(f)	if the police officer has taken reasonable steps to have a person mentioned in paragraph (a), (b), (c), (d) or (e) present but it was not practicable for the person to be present within 2 hours after the person was asked to be present—someone else (who may be a police officer) who has not been involved with the investigation of the offence.
Example of suitable person—par (e)
a person trained by the public advocate to attend interviews of children and young people
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)	However, a police officer need not—
(a)	allow a person to be present while the child or young person is being interviewed, or is doing anything, in relation to the investigation of the offence if the police officer reasonably believes the person is an accomplice of the child or young person in relation to the offence; or
(b)	take steps to have a person mentioned in subsection (2) (a), (b), (c), (d) or (e) present if the police officer reasonably believes the person is an accomplice of the child or young person in relation to the offence.
(4)	Further, a police officer may interview a child or young person, or ask or cause a child or young person to do a particular thing, if the police officer reasonably believes that it is necessary to interview or do the thing without delay to avoid a risk of—
(a)	death or serious injury of a person; or
(b)	serious damage to property.
(5)	In this section:
	accomplice, in relation to the investigation of an offence by a police officer, includes a person who the police officer reasonably believes to be likely to secrete, lose, destroy or fabricate evidence relating to the offence.
	police officer includes a person holding a position under a territory law and having power because of that position to arrest or detain someone, or to take someone into the person’s custody, but does not include an authorised person exercising a function at a detention place.
508	Who must be told if children and young people under restraint?
(1)	If a police officer takes a child or young person under restraint, the police officer must promptly take all reasonable steps to tell 1 of the following people about the restraint (whether or not the person lives in the ACT):
(a)	a parent of the child or young person;
(b)	someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	In this section:
	police officer includes a person holding a position under a territory law and having power because of the position to arrest or detain someone, or to take someone into the person’s custody, but does not include an authorised person exercising a function at a detention place.
509	Police to summons children and young people unless ineffective
(1)	A police officer must not charge a child or young person with an offence at a police station unless satisfied that proceeding by summons would not be effective.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	In deciding whether proceeding by summons would be effective, the police officer must have regard to the need to achieve the purposes stated in the Crimes Act 1900, section 212 (1) (b) (Power of arrest without warrant by police officers).
Note	The purposes stated in the Crimes Act 1900, s 212 (1) (b) are:
	(i)	ensuring the appearance of the person before a court for the offence;
	(ii)	preventing a repetition or continuation of the offence or the commission of another offence;
	(iii)	preventing the concealment, loss or destruction of evidence relating to the offence;
	(iv)	preventing harassment of, or interference with, a person who may be required to give evidence in proceedings for the offence;
	(v)	preventing the fabrication of evidence for the offence;
	(vi)	preserving the safety or welfare of the person.
510	Who must be told if children and young people charged?
(1)	If a child or young person is charged with an offence at a police station, the person who charged the child or young person must promptly take all reasonable steps to tell 1 of the following people the relevant information in relation to the charge (whether or not the person lives in the ACT):
(a)	a parent of the child or young person;
(b)	someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	In this section:
	relevant information, for a charge, means—
(a)	the terms of the charge; and
(b)	where the child or young person is; and
(c)	when the child or young person will be brought before the Childrens Court.
511	Detained children and young people to be brought before Childrens Court
(1)	This section applies if a child or young person has been charged with an offence and has not been released from detention.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	A police officer or authorised person must, as soon as practicable, bring the child or young person before the Childrens Court.
(3)	If the child or young person is not brought before the Childrens Court, the child or young person must be released from detention immediately.
Division 6.2.3	Escorting children and young people
512	Other powers not limited
To remove any doubt, this division is additional to, and does not limit, any other provision relating to the escorting of young detainees under this Act, a territory law or a law of the Commonwealth or a State.
Examples of other provisions
1	The Crimes (Sentence Administration) Act 2005, pt 3.3 (Committal—miscellaneous)—
•	s 20 (Directions to escort officers)
•	s 21 (Orders to bring offender or remandee before court etc).
2	A State law relating to the escort of prisoners through the ACT.
Note 1	State includes the Northern Territory (see Legislation Act, dict, pt 1).
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).
513	Escorts to bring arrested children and young people before court etc
(1)	This section applies if a child or young person—
(a)	has been arrested; and
(b)	has not been released on bail; and
(c)	is in police custody; and
(d)	is required by law to be brought before a court or tribunal.
(2)	A police officer may require an escort officer to bring the child or young person before the court or tribunal.
(3)	The escort officer must bring the young person before the court or tribunal and, for that purpose, may—
(a)	take the child or young person into custody; and
(b)	arrange for the child or young person to be detained under this Act until the child or young person is brought before the court or tribunal.
514	Custody etc during proceedings
Subject to any order or direction of a court or tribunal, an escort officer who is required to bring a child or young person before a court must, as far as practicable—
(a)	ensure the safe custody and welfare of the child or young person for the proceeding; and
(b)	ensure that the child or young person does not obstruct or hinder the proceeding.
515	Executing warrants of imprisonment and remand etc
(1)	The chief executive may make escort officers available to attend on a court or tribunal to—
(a)	take a child or young person into custody; or
(b)	arrange for a child or young person to be kept in custody; or
(c)	transfer or otherwise deal with a child or young person.
(2)	An order or direction of the court or tribunal addressed to all escorts—
(a)	is taken to be addressed to each escort; and
(b)	may be executed by any escort.
516	Custody of escorted children or young people
A child or young person in the custody of an escort officer under this part is also taken to be in the chief executive’s custody and in detention.
Division 6.2.4	Hearing proceedings against children and young people
517	Procedures for hearing indictable offences
(1)	This section applies if—
(a)	a child or young person charged with an indictable offence is brought before the Childrens Court; and
(b)	the court—
(i)	has no power to hear and decide the charge summarily; or
(ii)	has the power to hear and decide the charge summarily, but decides not to.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	The Childrens Court must deal with the charge as if—
(a)	the charge were a charge for an indictable offence to which the Magistrates Court Act 1930 applied; and
(b)	the Childrens Court were the Magistrates Court; and
(c)	any necessary changes were made.
518	Indictable offences may be dealt with summarily
(1)	The Childrens Court may hear and decide a charge for an indictable offence against a child or young person summarily only if—
(a)	the court is satisfied that the case can be properly disposed of summarily; and
(b)	the child or young person agrees to the matter being disposed of summarily; and
(c)	the offence is not punishable by imprisonment for life.
Note 1	For par (a), see s 519.  For par (b), see s 520.
Note 2	Young person includes an adult being treated as a young person because of s 504.
(2)	If the Childrens Court decides not to dispose of an indictable offence against a child or young person summarily and commits the child or young person to the Supreme Court for trial, the Childrens Court must state the reasons for the decision and enter the reasons in the court record.
519	Indictable offences heard summarily—Childrens Court opinion
(1)	In deciding whether a case can be properly disposed of summarily for section 518 (1) (a), the Childrens Court must consider the following matters:
(a)	relevant representations made by the child or young person;
(b)	relevant representations made by the prosecutor in the child’s or young person’s presence;
(c)	the facts of the case;
(d)	the seriousness of the alleged offence;
(e)	the circumstances in which the offence is alleged to have been committed;
(f)	the child’s or young person’s age;
(g)	the child’s or young person’s apparent maturity;
(h)	the child’s or young person’s apparent mental capacity;
(i)	the suitability of the penalties that the court is empowered to impose;
(j)	the difficulty of any question of law that is likely to arise.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	The Childrens Court may also have regard to any other matter the court considers relevant.
520	Indictable offences disposed of summarily—agreement of children and young people
(1)	Before hearing a charge for an indictable offence against a child or young person, the Childrens Court must tell the child or young person, and any responsible person for the child or young person who is present, about section 518 (1) (Indictable offences may be dealt with summarily).
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	If a responsible person for the child or young person is not present, the Childrens Court may adjourn the hearing to allow a responsible person for the child or young person to be present.
(3)	If a responsible person for the child or young person is not present at the hearing after the adjournment, the Childrens Court may continue the hearing.
(4)	In this section:
	responsible person, for a child or young person, means a parent of the child or young person or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person.
521	Court may adjourn hearings to allow access to legal advice
(1)	This section applies to a charge for an indictable offence against a child or young person being heard summarily.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	The Childrens Court may, at any time, adjourn the hearing to allow any of the following people to get legal advice:
(a)	the child or young person;
(b)	a parent of the child or young person;
(c)	someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person.
522	Childrens Court to exclude unlawfully obtained evidence
(1)	If, in a proceeding against a child or young person for an offence, the Childrens Court is satisfied that evidence tendered to the court was obtained in contravention of, or in consequence of a contravention of, a provision of this Act (the Act contravention) in relation to the child or young person, the court must refuse to admit the evidence (the unlawfully obtained evidence) in the proceeding.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	However, the Childrens Court may admit the unlawfully obtained evidence if satisfied that—
(a)	admission of the unlawfully obtained evidence is substantially in the public interest in the administration of criminal justice; and
(b)	the public interest would outweigh any prejudice to the rights of a person, including the child or young person, that has occurred or is likely to occur as a result of the Act contravention or the admission of the unlawfully obtained evidence.
(3)	The Childrens Court may consider the following matters in deciding whether to admit the unlawfully obtained evidence:
(a)	the seriousness of the offence to which the evidence relates, the difficulty of detecting the child or young person, the need to apprehend the child or young person and the need to preserve evidence of the facts;
(b)	the nature and seriousness of the Act contravention;
(c)	the extent to which the evidence might have been lawfully obtained;
(d)	any other matter the court considers appropriate.
(4)	This section is in addition to any other law or rule under which the Childrens Court may refuse to admit evidence.
523	Adjournment of proceedings
(1)	If the hearing of a charge against a child or young person is adjourned by the Childrens Court, the adjournment must not, except in special circumstances, be longer than 15 days.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	If the Childrens Court adjourns the proceeding, the court may—
(a)	by order—
(i)	release the child or young person if the child or young person and 1 parent of the child or young person give an undertaking satisfactory to the court that the child or young person will be present at the next hearing; or
(ii)	release the child or young person on bail under the Bail Act 1992; or
(iii)	place the child or young person in the custody of a suitable person; or
(b)	order that the child or young person be remanded in custody.
524	Cases may be sent to mental health tribunal
(1)	This section applies if, in a proceeding against a child or young person for an offence, the Childrens Court is satisfied that—
(a)	the child or young person is a person with a mental impairment; and
Note	The Childrens Court may make any appropriate order to help it decide whether a child or young person is a person with a mental impairment (see s 525).
(b)	on an outline of the facts to be alleged in the proceeding, or other evidence that the court considers relevant, it would be appropriate to deal with the child or young person under this section.
Note	Young person includes an adult being treated as a young person because of s 504.
(2)	The Childrens Court may—
(a)	by order (a mental health transfer order) dismiss the charge and require the child or young person to submit to the jurisdiction of the mental health tribunal to allow the tribunal to make a mental health order; or
(b)	by order, dismiss the charge unconditionally.
(3)	An order under subsection (2) is not a finding that an offence has, or has not, been committed.
(4)	If the Childrens Court makes a mental health transfer order, the order operates as a stay of the proceeding, or of further proceedings, against the child or young person for the offence.
525	Power of Childrens Court to make order to decide whether mental impairment
To help decide whether a child or young person is a person with a mental impairment for section 524, the Childrens Court may make any order it considers appropriate, including an order that the child or young person submit to the jurisdiction of the mental health tribunal.
Division 6.2.5	Care and protection considerations in proceedings
526	Proceedings dismissed or adjourned for care and protection reasons
(1)	If, when hearing an information against a child or young person, the Childrens Court is satisfied that the child or young person should be dealt with under the care and protection chapters, the court may—
(a)	dismiss the information; or
(b)	adjourn the proceeding for up to 15 days.
(2)	If the Childrens Court acts under subsection (1), the court must, as soon as practicable but no later than 2 working days after the day it acts, give a statement of the reasons for the action to—
(a)	the chief executive; and
(b)	the public advocate.
(3)	The statement of reasons must contain the following information about the proceeding:
(a)	if the proceeding has been adjourned—the reason the proceeding was adjourned;
(b)	the circumstances that the court is aware of that led to the child or young person coming before the court;
(c)	the factors that satisfied the court that the child or young person should be dealt with under the care and protection chapters.
(4)	The chief executive must treat a statement of reasons given to the chief executive under subsection (2) as if it were a report made under section 1602 (Offence—mandatory reporting of abuse and neglect).
527	Care of children and young people during adjournment
(1)	If the Childrens Court proposes to adjourn a proceeding in relation to a child or young person under section 526 (1) (b), the court may make an order placing the child or young person into the physical care of—
(a)	the chief executive; or
(b)	a police officer for delivery to the chief executive.
(2)	The Childrens Court may make an order under subsection (1) only if satisfied that—
(a)	if the child or young person were convicted because of the proceeding, it would be appropriate to make a prescribed order in relation to the child or young person; or
Note	Prescribed order—see s (5).
(b)	immediate release would not be in the best interests of the child or young person.
(3)	If the Childrens Court makes an order under subsection (1), the chief executive has responsibility for day-to-day matters for the child or young person as if the chief executive had taken emergency action in relation to the child or young person.
Note	Emergency action is dealt with in ch 17.
(4)	The chief executive must—
(a)	approve the existing arrangements for the care and protection of the child or young person; or
(b)	make suitable arrangements for the care and protection of the child or young person.
(5)	In this section:
	prescribed order means—
(a)	a good behaviour order under section 610 (b); or
(b)	a deferred sentence order under section 610 (c); or
(c)	a suspended sentence order under section 610 (d); or
(d)	an accommodation order under section 610 (g); or
(e)	a committal order under section 610 (h).
528	Chief executive must report to court and public advocate
(1)	This section applies if—
(a)	a proceeding has been adjourned under section 526 (1); and
(b)	the Childrens Court has given the chief executive a statement of reasons under section 526 (2).
(2)	Not later than 15 days after the day the Childrens Court adjourns the proceeding under section 526 (1), the chief executive must tell the public advocate and the court, in writing—
(a)	what action the chief executive has taken, is taking or proposes to take under the care and protection chapters in relation to the child or young person; or
(b)	if the chief executive proposes to take no action under any care and protection chapter in relation to the child or young person—that the chief executive proposes to take no action.
(3)	Without limiting when the chief executive is taken to have complied with subsection (2), the chief executive is taken to have complied with subsection (2) if the chief executive—
(a)	makes an application under the care and protection chapters in relation to the child or young person; and
(b)	gives a copy of the application to the public advocate.
529	Court action after adjournment
(1)	This section applies when a proceeding adjourned under section 526 (1) comes before the Childrens Court again.
(2)	The Childrens Court must dismiss the proceeding—
(a)	if—
(i)	the chief executive has, under section 528 (2) (a), told the court of the action the chief executive has taken, is taking or proposes to take under the care and protection chapters in relation to the child or young person; and
(ii)	the court is satisfied that taking the action is in the best interests of the child or young person; or
(b)	if—
(i)	the chief executive has, under section 528 (2) (b), told the court that the chief executive proposes to take no action under any care and protection chapter in relation to the child or young person; and
(ii)	the court is satisfied that it is in the best interests of the child or young person that the chief executive takes no action; or
(c)	the chief executive has made an application under the care and protection chapters in relation to the child or young person.
(3)	The Childrens Court may also make any other order or take any other action in relation to the information against the child or young person that the court considers appropriate.

Chapter 7	Criminal matters—sentencing and non-conviction options
Part 7.1	Interpretation
600	Meaning of guilty young person and good behaviour order—criminal matters chapters
In the criminal matters chapters:
	good behaviour order—see section 646.
	guilty young person means a child or young person who has been convicted, or found guilty, of an offence, but not sentenced for the offence.
601	Definitions—ch 7
In this chapter:
	basic good behaviour order means a good behaviour order that contains only—
(a)	core conditions; or
(b)	core conditions and supervision conditions.
	conviction order means an order under section 610.
core conditions, of a good behaviour order, means the core conditions under section 833.
	non-conviction order means an order under section 606.
	pre-sentence report—see section 615.

Part 7.2	Guilty young people—sentencing courts
602	Childrens Court may send cases to Supreme Court for sentencing
(1)	This section applies if the Childrens Court convicts a child or young person of an indictable offence.
(2)	The Childrens Court may, by order, commit the child or young person to the Supreme Court for sentence if satisfied that sentence should be passed on the child or young person by the Supreme Court because of the character and history of the child or young person.
(3)	In deciding whether sentence should be passed on the child or young person by the Supreme Court, the Childrens Court must consider any report provided under section 319 (Court may order report about guilty young people).
(4)	The Supreme Court may deal with the guilty young person as if the child or young person had been convicted of the offence in the Supreme Court.
Note	Section 603 sets out the Supreme Courts powers after convicting a child or young person.
603	Powers of Supreme Court after conviction
(1)	If the Supreme Court convicts a child or young person of an offence, the Supreme Court may—
(a)	make any order in relation to the child or young person that the Childrens Court could have made if the child or young person had been convicted by the Childrens Court; or
(b)	issue any warrant that the Childrens Court could have issued if the child or young person had been convicted by the Childrens Court; or
(c)	do anything else that the Childrens Court could have done if the child or young person had been convicted by the Childrens Court; or
(d)	make an order committing the child or young person to a detention place for a stated period not longer than the period of imprisonment that could have been imposed for the offence if the offence had been committed by an adult; or
(e)	deal with the child or young person in a way that it could have dealt with the child or young person if the child or young person had been an adult at the time the offence was committed.
(2)	If a child or young person is sentenced to imprisonment under subsection (1) (e), the sentence has effect subject to a law of a State where the child or young person is detained relating to the detention of young people (however described).
604	Supreme Court may send cases to Childrens Court for sentencing
(1)	If the Supreme Court convicts a child or young person of an offence, the Supreme Court may remit the case to the Childrens Court for sentencing.
(2)	If the Supreme Court remits the case—
(a)	the Supreme Court may give directions about the detention of the child or young person, or the release of the child or young person on bail, until the child or young person is brought before the Childrens Court; and
(b)	the registrar of the Supreme Court must give the registrar of the Magistrates Court a certificate stating—
(i)	the nature of the offence; and
(ii)	that the child or young person has been convicted of the offence; and
(iii)	that the case has been remitted under this section.
(3)	The Childrens Court may deal with the child or young person in the same way as it would deal with the guilty young person if the guilty young person had been convicted of the offence in the Childrens Court.
605	Imposition of penalties
(1)	The penalty the Childrens Court may impose on a guilty young person for an offence is the penalty provided under this Act or any other territory law.
(2)	Part 7.4 (Sentencing procedures) applies to the imposition of all penalties imposed on a guilty young person by a court, whether under this Act or otherwise.
Note 1	Under this Act, the Childrens Court has the following sentencing and non-conviction options:
•	commitment served by full-time detention at a detention place (see s 639)
•	suspension of a sentence of commitment (see s 644)
•	good behaviour order (see s 646)
•	fine order (see s 722)
•	driver licence disqualification order (see s 725)
•	non-conviction order (see s 606)
•	reparation order (see s 684)
•	deferred sentence order (see s 699).
Note 2	The Childrens Court may also impose a combination sentence combining 2 or more of the options listed in note 1 or otherwise available under a territory law (see pt 7.12).

Part 7.3	Conviction and non-conviction options generally
Division 7.3.1	Non-conviction orders
606	Non-conviction orders—general
(1)	This section applies if a child or young person is found guilty of an offence.
(2)	Without convicting the child or young person of the offence, the Childrens Court may make 1 or more of the following orders (each of which is a non-conviction order) for the child or young person:
(a)	if satisfied that it is not appropriate to impose any punishment (other than normal punishment) on the child or young person—an order directing that the charge be dismissed;
(b)	a fine order;
(c)	a reparation order;
(d)	an order reprimanding the child or young person;
(e)	subject to section 607—a good behaviour order.
Note 1	The Childrens Court may also be required to consider certain things, or do certain things, before making an order under this section (see pt 7.5, pt 7.6 and pt 7.7).
Note 2	Also, an offence with which this part deals may be referred for restorative justice (see Crimes (Restorative Justice) Act 2004, pt 6).
(3)	In deciding whether to make a non-conviction order for the child or young person, the Childrens Court must consider the following:
(a)	the character, antecedents, age, health and mental condition of the child or young person;
(b)	the seriousness of the offence;
(c)	any extenuating circumstances in which the offence was committed.
(4)	The Childrens Court may also consider anything else the court considers relevant.
Note	An appeal may lie to the Supreme Court from a decision of the Childrens Court to make a non-conviction order for a child or young person in the same circumstances as an appeal from a decision of the Childrens Court in relation to the conviction of a child or young person for an offence (see Magistrates Court Act 1930, pt 3.10).
607	Limit on good behaviour orders without conviction
If the Childrens Court makes a non-conviction order that is a good behaviour order, the order must be a basic good behaviour order for a term of no longer than 3 years.
Note	Basic good behaviour order—see s 601.
608	Non-conviction orders—ancillary orders
(1)	This section applies if the Childrens Court makes a non-conviction order for a child or young person for an offence.
(2)	The Childrens Court may make any ancillary order that it could have made if it had convicted the child or young person of the offence.
(3)	The child or young person has the same right of appeal in relation to the making of the ancillary order as the child or young person would have had if the order had been made on the conviction of the child or young person for the offence.
(4)	This section is subject to section 731 (Operation of ancillary and restitution orders).
(5)	In this section:
	ancillary order means an order or direction in relation to any of the following:
(a)	restitution;
(b)	compensation;
(c)	costs;
(d)	forfeiture;
(e)	destruction;
(f)	disqualification or loss or suspension of a licence or privilege.
Examples
1	a reparation order
2	a driver licence disqualification order
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).
609	Notice of non-conviction orders and ancillary orders
(1)	If the Childrens Court makes a non-conviction order (other than a good behaviour order) for a child or young person, the court must, as soon as practicable after the order is made, ensure that written notice of the order, and any ancillary order, together with a copy of the orders, is given to—
(a)	the child or young person; and
(b)	either a parent of the child or young person or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person.
Note	For notice of a non-conviction order that is a good behaviour order, see s 648.
(2)	Failure to comply with subsection (1) in relation to a non-conviction order or ancillary order does not invalidate the order.
Division 7.3.2	Conviction orders
610	Conviction orders—general
If a child or young person has been convicted of an offence by the Childrens Court, the court must, as soon as practicable and in any event within 6 months after the date of the conviction, make 1 or more of the following orders for the child or young person:
(a)	an order reprimanding the child or young person;
(b)	a good behaviour order;
(c)	a deferred sentence order;
(d)	a suspended sentence order;
(e)	a fine order;
(f)	a reparation order;
(g)	an accommodation order;
(h)	a committal order;
(i)	another order that the court is empowered by another law to make in relation to the offence.
Note 1	Section 611 restricts when a committal order, accommodation order, suspended sentence order, other than a basic good behaviour order, or a good behaviour order can be made.
Note 2	Also, an offence with which this part deals may be referred for restorative justice (see Crimes (Restorative Justice) Act 2004, pt 6).
Note 3	Notice must be given of the making of an order under this section (see s 643, s 644, s 692, s 709, s 718, s 719, s 723 and s 726).
611	Limits on making some orders
(1)	The Childrens Court must not make a prescribed order if 1 or more of the following apply:
(a)	if a court would not, if the offence had been committed by an adult, have been empowered to sentence the adult to imprisonment; 
(b)	the court is not satisfied that, in the circumstances, no other order that might be made is appropriate;
(c)	the term of the order proposed to be made is longer than the period of imprisonment that could have been imposed for the offence if the offence had been committed by an adult.
(2)	In this section:
	prescribed order means any of the following orders made under section 610:
(a)	a good behaviour order other than a basic good behaviour order;
Note	Basic good behaviour order—see s 601.
(b)	an accommodation order;
(c)	a committal order;
(d)	a suspended sentence order.
612	Childrens Court must not order imprisonment
The Childrens Court must not make an order for the imprisonment of a guilty young person.
613	Childrens Court may prevent reduction of commitment
(1)	This section applies if the Childrens Court commits a child or young person to detention place for a period (the period of commitment).
(2)	The Childrens Court may order that the period of commitment, or part of the period, not be reduced.
Note	A period of commitment may be reduced by the chief executive under s 872 unless the Childrens Court orders otherwise.

Part 7.4	Sentencing procedures
Division 7.4.1	Pre-sentence reports
614	Application—div 7.4.1
This division applies in relation to a child or young person if—
(a)	the Childrens Court—
(i)	finds the child or young person guilty of an offence; or
(ii)	convicts the child or young person of the offence; or
(b)	the child or young person indicates to the Childrens Court an intention to plead guilty to an offence.
615	Pre-sentence reports may be ordered
(1)	Before sentencing the child or young person, the Childrens Court may—
(a)	order the chief executive to prepare a report (a pre-sentence report) under this division for the child or young person; and
(b)	adjourn the proceeding for the report to be prepared.
Note	If a form is approved under the Court Procedures Act 2004 for the order, the form must be used (see that Act, s 8 (2)).
(2)	The chief executive must prepare a pre-sentence report for a child or young person if ordered to do so by the Childrens Court.
616	Pre-sentence reports—contents
(1)	If the Childrens Court orders that a pre-sentence report for a child or young person must include a particular thing, the chief executive must take all reasonable steps to ensure that the report includes the thing.
(2)	Without limiting what the Childrens Court may require in a pre‑sentence report, the court may require the following to be included in a report:
(a)	the age of the child or young person;
(b)	the social history and background (including cultural background) of the child or young person;
(c)	the medical and psychiatric history of the child or young person;
(d)	the educational background of the child or young person;
(e)	the employment history of the child or young person;
(f)	the extent to which the child or young person is complying, or has complied, with any sentence; 
(g)	the financial circumstances of the child or young person;
(h)	any special needs of the child or young person;
(i)	any courses, programs, treatment, therapy or other assistance that is available to the child or young person and from which the child or young person may benefit;
(j)	any risk assessments made of the likelihood that the child or young person will commit further offences or of things (including circumstances) that may make the child or young person more likely to commit further offences;
(k)	a recommendation on whether it would be appropriate to refer the offence for which the child or young person is being tried for restorative justice under the Crimes (Restorative Justice) Act 2004;
(l)	a recommendation about the suitability of particular orders for the child or young person and any conditions that might be appropriate on a recommended order.
(3)	A pre-sentence report may contain anything else the chief executive considers relevant.
617	Pre-sentence reports—powers of chief executive
(1)	In preparing a pre-sentence report for the child or young person, the chief executive—
(a)	may conduct any investigation the chief executive considers appropriate; and
(b)	may ask any of the following to provide information:
(i)	an administrative unit;
(ii)	a territory authority;
(iii)	a statutory office-holder;
(iv)	a victim of the offence;
(v)	any other entity.
(2)	If an entity mentioned in subsection (1) (b) (i), (ii) or (iii) is asked to provide information, the entity must promptly comply with the request.
(3)	If an entity gives information honestly and with reasonable care in response to a request under subsection (1), the giving of the information is not—
(a)	a breach of confidence, professional etiquette, ethics or a rule of professional misconduct; or
(b)	a ground for a civil proceeding for defamation, malicious prosecution or conspiracy.
(4)	This section does not limit any other power of the chief executive to obtain information for the purposes of the pre-sentence report.
(5)	A regulation may make provision in relation to—
(a)	the preparation and provision of pre-sentence reports; and
(b)	the conduct of assessments of the suitability of a child or young person for a deferred sentence order or to serve a particular kind of sentence.
(6)	In this section:
	information includes a document.
618	Pre-sentence reports—provision to court
The pre-sentence report may be given to the Childrens Court either orally or in writing.
619	Pre-sentence reports—availability of written reports
(1)	This section applies if the Childrens Court has received a written pre-sentence report for the child or young person.
(2)	The Childrens Court must ensure that a copy of the report is made available to the following people at least 2 working days before the day the child or young person is to be sentenced:
(a)	the prosecutor;
(b)	any lawyer representing the child or young person;
(c)	the child or young person, if—
(i)	the court has so directed; or
(ii)	the child or young person is not legally represented.
(3)	For subsection (2), the Childrens Court may make a copy of the report available to a person mentioned in the subsection by giving a copy of the report to the person.
620	Pre-sentence reports—cross-examination
(1)	The prosecutor and the defence may cross-examine the chief executive on the pre-sentence report about the child or young person given to the Childrens Court by the chief executive.
(2)	In this section:
	defence means—
(a)	any lawyer representing the child or young person; or
(b)	if the child or young person is not legally represented—the child or young person.
Division 7.4.2	Victim impact statements
621	Application—div 7.4.2
This division applies in relation to an offence that a child or young person has been convicted of if the offence is—
(a)	an indictable offence; or
(b)	an offence against the Crimes Act 1900, section 26A (Common assault—summary offence); or
(c)	any other offence prescribed by regulation for this paragraph.
Note 	An offence is an indictable offence if it is punishable by imprisonment for longer than 1 year or is declared by a law to be an indictable offence, and includes an indictable offence that is or may be dealt with summarily (see Legislation Act, s 190 (1) and (2)).
622	Definitions—div 7.4.2
In this division:
	because of, an offence, means—
(a)	as a result of, or in the course of, the commission of the offence; or
(b)	in the course of assisting a police officer in the exercise of the officer’s power to arrest a person for the offence or to take action to prevent the offence.
	given, for a victim impact statement, includes made orally in court or read out in court under this division.
	harm includes—
(a)	physical injury; and
(b)	mental injury or emotional suffering (including grief); and
(c)	pregnancy; and
(d)	economic loss; and
(e)	substantial impairment of rights accorded by law.
	victim, of an offence, means—
(a)	a person (a primary victim) who suffers harm because of the offence; or 
(b)	if a primary victim dies because of the offence—a person who was financially or psychologically dependent on the primary victim immediately before the primary victim’s death.
	victim impact statement, for an offence, means a statement made by or for a victim of the offence that contains details of any harm suffered by the victim because of the offence.
623	Victim impact statements—who may make
The following people may make a victim impact statement for the offence:
(a)	a victim of the offence;
(b)	if a victim of the offence is a child or young person—a person who has responsibility for day-to-day matters, or long-term matters, for the victim of the offence;
(c)	a close family member of a victim of the offence;
(d)	a carer for a victim of the offence;
(e)	a person with an intimate personal relationship with a victim of the offence.
624	Victim impact statements—oral and written
A victim impact statement for the offence may be made as—
(a)	a written statement signed by or for a victim of the offence; or
(b)	a statement given orally in court by or for a victim of the offence.
625	Victim impact statements—form and contents
(1)	A victim impact statement for the offence must identify the victim to whom it relates.
(2)	The statement must include the full name of the person who makes the statement.
(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 court; and
(b)	if practicable, the victim (or representative) must sign the statement, or make a separate written or oral statement to the court, 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 must not contain anything that is offensive, threatening, intimidating or harassing.
(7)	This section does not prevent a victim impact statement being made by or for more than 1 victim.
626	Victim impact statements—use in court
(1)	A victim impact statement may be—
(a)	tendered to the Childrens Court; or
(b)	made orally in the court; or
(c)	read out in court by the person who made the statement or someone else (whether or not the statement is tendered to the court).
(2)	The statement may be given when the court considers appropriate—
(a)	after the child or young person has been convicted; and
(b)	before the child or young person is sentenced.
627	When written victim impact statement may be given
(1)	A victim impact statement must not be given in writing to the Childrens Court unless—
(a)	the statement is made in accordance with section 625 (Victim impact statements—form and contents); and
(b)	a copy of the statement has been given to the defence.
(2)	In this section:
	defence means—
(a)	any lawyer representing the child or young person; or
(b)	if the child or young person is not legally represented—the child or young person.
628	Cross-examination of people making victim impact statement
(1)	The defence may cross-examine a person who makes a victim impact statement on the contents of the statement.
(2)	However, if the child or young person is not legally represented, the child or young person may cross-examine the person only if—
(a)	the child or young person has indicated to the court the nature of the proposed cross-examination; and
(b)	the court gives the child or young person leave to cross‑examine the person.
(3)	In this section:
	defence means—
(a)	any lawyer representing the child or young person; or
(b)	if the child or young person is not legally represented—the child or young person.
629	Victim impact statements—effect on sentencing
(1)	To remove any doubt, in deciding how the child or young person should be sentenced (if at all) for the offence, the Childrens Court must make the decision in accordance with the young offender principles.
(2)	However, the Childrens Court—
(a)	must also consider any victim impact statement given to the court in relation to the offence; and
(b)	must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence.
Division 7.4.3	Taking additional offences into account
630	Application—div 7.4.3
(1)	This division applies if—
(a)	a child or young person has been convicted or found guilty of an offence (the principal offence); and
(b)	the Childrens Court has not made a conviction or non‑conviction order (a sentence-related order) in relation to the offence; and
(c)	the prosecutor files in the Childrens Court a document (the list of additional offences) that lists other offences (each of which is an additional offence) allegedly committed by the child or young person.
(2)	However, this division does not apply in relation to an offence punishable by life imprisonment.
631	Definitions—div 7.4.3
In this division:
	additional offence—see section 630.
	list of additional offences—see section 630.
	principal offence—see section 630.
	sentence-related order—see section 630.
632	List of additional offences
(1)	The list of additional offences must—
(a)	indicate that the offences listed are offences that the child or young person wants the Childrens Court to take into account in making a sentence‑related order for the principal offence; and
(b)	be signed by the director of public prosecutions and the child or young person.
(2)	A copy of the list of additional offences must be given to the child or young person.
633	Outstanding additional offences taken into account in sentencing
(1)	Before making a sentence-related order for the principal offence, the Childrens Court must ask the child or young person whether the child or young person wants the court to take any of the additional offences into account in relation to the principal offence.
(2)	The Childrens Court may take an additional offence into account in making a sentence-related order for the principal offence if—
(a)	the child or young person admits guilt to the additional offence; and
(b)	the child or young person confirms that the child or young person wants the additional offence to be taken into account by the court in relation to the principal offence; and
(c)	the prosecutor consents to the additional offence being taken into account.
(3)	If the Childrens Court takes an additional offence into account in relation to the principal offence, any penalty imposed for the principal offence must not exceed the maximum penalty the court could have imposed for the principal offence if the additional offence had not been taken into account.
(4)	The Childrens Court must not take an additional offence into account if the court does not have jurisdiction to make a sentence‑related order for the offence.
(5)	For subsection (4), the Childrens Court is taken to have jurisdiction to make a sentence-related order for an additional offence even if the jurisdiction may only be exercised with the consent of the child or young person.
(6)	To remove any doubt, subsection (4) does not prevent the Supreme Court, if sentencing a child or young person, from taking an additional offence into account.
634	Ancillary orders relating to offences taken into account in sentencing
(1)	This section applies if the Childrens Court takes an additional offence into account in making a sentence-related order for the child or young person for the principal offence.
(2)	The Childrens Court may make any ancillary order that it could have made if it had convicted the child or young person of the additional offence when it took the offence into account.
(3)	To remove any doubt, the Childrens Court may not make a separate sentence-related order for the additional offence.
(4)	The child or young person has the same right of appeal in relation to the making of the ancillary order as the child or young person would have had if the order had been made on the conviction of the child or young person for the additional offence.
(5)	This section is subject to section 731 (Operation of ancillary and restitution orders).
(6)	In this section:
	ancillary order—see section 608 (5).
635	Consequences of taking offences into account in sentencing
(1)	This section applies if the Childrens Court takes an additional offence into account for the principal offence.
(2)	The Childrens Court must certify, on the list of additional offences, that the additional offence has been taken into account.
(3)	A proceeding must not be started or continued in relation to the additional offence unless the conviction or finding of guilt for the principal offence is reversed or set aside.
(4)	Subsection (3) does not prevent the Childrens Court from taking the additional offence into account if the court, on a later occasion, makes another sentence-related order for the child or young person, or re-sentences the child or young person, for the principal offence.
(5)	The admission of guilt of the child or young person in relation to the additional offence is not admissible in evidence in a proceeding in relation to—
(a)	the additional offence; or
(b)	any other offence mentioned in the list of additional offences.
(6)	The child or young person is not, for any purpose, taken to have been convicted or found guilty of the additional offence only because the additional offence is taken into account.
636	Evidence of offences taken into account in sentencing
(1)	This section applies if the Childrens Court takes an additional offence into account in making a sentence-related order for the child or young person for the principal offence.
(2)	The fact that the additional offence has been taken into account is admissible in a criminal proceeding if—
(a)	the fact that the child or young person has been convicted or found guilty of the principal offence is admissible in the proceeding; and
(b)	had the child or young person been convicted or found guilty of the additional offence, that fact would have been admissible in the proceeding.
(3)	For subsection (2), a fact is admissible in a criminal proceeding if—
(a)	reference may be made to the fact in the proceeding; or
(b)	evidence may be given of the fact in the proceeding. 
(4)	The fact that the additional offence has been taken into account may be proved in the same way as the conviction or finding of guilt for the principal offence.
Division 7.4.4	Correction and adjustment of penalties
637	Reopening proceedings to correct penalty errors
(1)	This section applies to a criminal proceeding (including a proceeding on appeal) in which a court has—
(a)	made a sentence-related order that is contrary to law; or
(b)	failed to make a sentence-related order that is required to be made by law.
(2)	This section applies whether or not anyone has been convicted or found guilty of an offence in the proceeding.
(3)	However, this section does not apply to a criminal proceeding in relation to a person being dealt with as an adult.
(4)	The Childrens Court may reopen the proceeding (on the application of a party to the proceeding, or on its own initiative) and may, after giving the parties an opportunity to be heard, do either or both of the following:
(a)	make a sentence-related order that is in accordance with law;
(b)	amend any relevant finding of guilt, conviction, sentence or order.
(5)	For this section, the Childrens Court may issue a warrant for the arrest of the child or young person charged in the proceeding if—
(a)	the court considers that the child or young person will not appear unless the warrant is issued; or
(b)	the child or young person fails to appear when called on by the court to appear.
(6)	For an appeal under any Act against a sentence-related order made under this section, the time within which the appeal must be made starts on the day the order is made.
(7)	However, this section does not otherwise affect any right of appeal.
(8)	In this section:
	sentence-related order—
(a)	see section 630 (Application—div 7.4.3); and
(b)	includes an ancillary order within the meaning of section 634 (Ancillary orders relating to offences taken into account in sentencing).

Part 7.5	Particular orders—committal orders
Division 7.5.1	Committal orders generally
638	Meaning of committal order—Act
In this Act:
	committal order means an order sentencing a guilty young person to commitment for all or part of the term of the sentence.
639	Commitment of guilty young people
(1)	This section applies if—
(a)	the Childrens Court is sentencing a guilty young person convicted of an offence punishable by imprisonment; and
(b)	having considered possible alternatives, the court is satisfied that no penalty other than commitment is appropriate.
(2)	The Childrens Court may, by order, sentence the guilty young person to commitment for all or part of the term of the sentence.
(3)	If the Childrens Court sentences the guilty young person to commitment, the sentence must be served by full-time detention at a detention place, unless—
(a)	the court orders otherwise; or
Note	The court may suspend the sentence (see s 644).
(b)	the guilty young person is released from detention under this Act or another territory law.
(4)	If the Childrens Court sentences the guilty young person to commitment, the court must record the reasons for its decision.
(5)	Failure to comply with subsection (4) does not invalidate the sentence of commitment.
(6)	This section also applies subject to any contrary intention in the law that directly or indirectly creates the offence or directly or indirectly affects its scope or operation.
(7)	This section is subject to this part.
Division 7.5.2	Commitment—explanation and information
640	Application—div 7.5.2
This division applies if—
(a)	the Childrens Court sentences a guilty young person to commitment for an offence; and
(b)	the sentence of commitment is not fully suspended.
641	Commitment—explanation to young offenders and others
(1)	The Childrens Court must ensure that reasonable steps are taken to explain to the young offender and either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long-term matters, for the young offender—
(a)	the reason why the sentence of commitment is imposed, and why no penalty other than commitment is appropriate; and
(b)	the purpose of the sentence; and
(c)	in general terms, the young offender’s obligations as a young detainee under chapter 8 (Criminal matters—sentence administration) and the consequences if the young offender breaches the obligations; and
Note	A young offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
(d)	the day when the sentence starts or is taken to have started; and
Note	For examples of the operation of this paragraph, see the end of this subsection.
(e)	if a suspended sentence order is made for the young offender suspending the sentence in part—in general terms, the effect of the suspension of the sentence; and
Note	Explanations for the young offender and a person with responsibility for day-to-day matters, or long-term matters for the young offender of the effect of entering into a good behaviour order are required under s 647.
(f)	the earliest day (on the basis of the information currently available to the court) that the young offender may be eligible to be released from detention, having regard to each sentence of commitment to which the young offender is subject; and
(g)	the day the young offender is entitled to be released if not released earlier.
Examples—par (d), (f) and (g)
1	The Childrens Court sentences Rick to 7 days commitment.  The sentence is imposed on a Monday.  Rick is not subject to any other sentence of commitment.
	To comply with paragraphs (d), (f) and (g), the court must explain to Rick that the sentence starts on the Monday when it is imposed and that the earliest day when Rick will become eligible to be released from detention is the day he is entitled to be released, on the following Monday.
2	The Childrens Court sentences Sam to 9 months commitment. The sentence is imposed on 5 May 2007.  Sam is not subject to any other sentence of commitment. Because Sam has been remanded in custody for sentencing since 27 April 2007, the court has backdated the start of the sentence to that date.
	To comply with paragraphs (d), (f) and (g), the court must explain to Sam that the sentence is taken to have started on 27 April 2007 and that the earliest day when Sam will become eligible to be released is 27 October 2007 (based on the possible maximum remission of 1/3 of the whole sentence) and that Sam is entitled to be released on 27 January 2008 if not released earlier.
3	The Childrens Court sentences Robert to 9 months commitment and orders that 6 months of the period not be reduced by way of remissions.  The sentence is imposed on 1 February 2007.
	To comply with paragraphs (d), (f) and (g), the court must explain to Robert that the sentence starts on 1 February 2007 when it is imposed, that the earliest date when Robert will become eligible to receive remissions to be released is 1 August 2007, that the earliest day when Robert will become eligible to be released is 1 October 2007 (based on the possible maximum remission of 1/3 of the 3 months part of the sentence which may be taken into account for remissions) and Robert is entitled to be released on 1 November 2007 if not released earlier.
4	The Childrens Court sentences Heather to 18 months commitment and orders that none of the period be reduced by way of remissions.  The sentence is imposed on 2 June 2007.
To comply with paragraphs (d), (f) and (g), the court must explain to Heather that the sentence starts on 2 June 2007 when it is imposed and that the earliest day when Heather will become eligible to be released from detention is the day she is entitled to be released, on 2 December 2008.
Note 1	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).
Note 2	The chief executive may reduce part of a sentence of commitment (see s 872), other than a part of a sentence which the Childrens Court has ordered not be reduced (see s 613).
(2)	An explanation under subsection (1) must be in language the person given the explanation can readily understand.
(3)	Failure to comply with this section does not invalidate the sentence of commitment.
642	Commitment—written record of explanation
(1)	The Childrens Court must ensure that a written record of the explanation under section 641 is given as soon as practicable after (but no later than 10 working days after the day) the explanation is given to the young offender or the young offender’s lawyer.
Example of written record
a copy of the transcript of the explanation
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).
(2)	Failure to comply with this section does not invalidate the sentence of commitment.
643	Commitment—notice of sentence
(1)	As soon as practicable after, but no later than 10 working days after the day, the Childrens Court makes the committal order for the young offender, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the young offender; and
(b)	either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long-term matters, for the young offender; and
(c)	the chief executive.
Note 1	If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used (see that Act, s 8 (2)).
Note 2	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
(2)	The notice must include the following information:
(a)	when the sentence starts or is taken to have started;
(b)	when the sentence ends;
(c)	if a suspended sentence order is made suspending part of the sentence—when the suspended part of the sentence starts and ends; 
(d)	the earliest day (on the basis of the information currently available to the court) that the young offender may be eligible to be released from detention;
(e)	the day that the young offender is entitled to be released from detention if not released earlier.
(3)	Failure to comply with this section does not invalidate the sentence of commitment.

Part 7.6	Particular orders—suspended sentence orders
644	Suspended sentences
(1)	This section applies if the Childrens Court sentences a guilty young person (the young offender) to commitment for an offence.
(2)	The Childrens Court may make an order (a suspended sentence order) suspending all or part of the sentence of commitment.
(3)	If the Childrens Court makes a suspended sentence order, the court must also make a good behaviour order for the period during which the sentence is suspended, or for any longer period that the court considers appropriate.
Note	A suspended sentence order may be part of a combination sentence together with other sentencing options (see pt 7.12).
(4)	If the Childrens Court makes a suspended sentence order fully suspending the sentence of commitment, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the young offender; and
(b)	either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long-term matters, for the young offender.
(5)	Failure to comply with subsection (4) does not invalidate the suspended sentence order.
(6)	This section is subject to the following provisions:
(a)	part 7.5 (Particular orders—committal orders);
(b)	part 7.7 (Particular orders—good behaviour orders).

Part 7.7	Particular orders—good behaviour orders
Division 7.7.1	Good behaviour orders generally
645	Definitions—pt 7.7
In this part:
	good behaviour obligations—see section 831.
Note	Personal violence offence—see the dictionary.
	harm—see the Criminal Code, dictionary.
646	Good behaviour orders
(1)	This section applies if a child or young person has been convicted or found guilty of an offence.
(2)	The Childrens Court may, with the agreement of the child or young person, make a good behaviour order requiring the child or young person to comply with the good behaviour obligations of the order for a stated period.
(3)	A good behaviour order may include any or all of the following conditions:
(a)	a non-association condition;
(b)	a place restriction condition;
(c)	a community service condition;
(d)	a rehabilitation condition;
(e)	an education and training condition;
(f)	a supervision condition;
(g)	that the child or young person comply with a reparation order;
(h)	a condition prescribed by regulation for this paragraph;
(i)	any other condition, not inconsistent with this Act, that the court considers appropriate.
Examples of conditions—par (d)
1	that the young offender not drive a motor vehicle or consume alcohol or non‑prescription drugs or medications
2	that the young offender regularly attend alcohol or drug management programs 
Example of conditions—par (e)
that the young offender attend educational, vocational, psychological, psychiatric or other programs or counselling
Examples of conditions—par (i)
1	that the young offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments)
2	that the young offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required
Note 1	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).
Note 2	A court may also issue assessment orders and treatment orders under the Drugs of Dependence Act 1989, pt 9 providing for the participation of young offenders in drug treatment programs.
(4)	However, the Childrens Court must not make a good behaviour order that includes a non-association condition, a place restriction condition, a community service condition or a rehabilitation condition unless the court has considered a pre-sentence report.
Note 1	The Childrens Court may order a pre-sentence report under s 615.
Note 2	The Childrens Court must not include a condition other than a core condition or supervision condition in a good behaviour order unless the child or young person is convicted of the offence for which the order is imposed (see s 611).
(5)	If the offence is punishable by imprisonment, a good behaviour order—
(a)	may be made instead of imposing a sentence of commitment or as part of a combination sentence that includes a sentence of commitment; and
(b)	may apply to all or part of the term of the sentence.
(6)	To remove any doubt, subsection (4) does not limit the sentences that a court may impose under this Act or another territory law.
(7)	This section is subject to this part.
647	Good behaviour orders—explanation to young offenders and others
(1)	If the Childrens Court makes a good behaviour order for a young offender, the court must ensure that reasonable steps are taken to explain to the young offender, and either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long‑term matters, for the young offender, in general terms—
(a)	the nature and conditions of the good behaviour order; and
(b)	the young offender’s good behaviour obligations under chapter 8 (Criminal matters—sentence administration); and 
(c)	the consequences if the young offender breaches the obligations.
Note	A young offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
(2)	An explanation under subsection (1) must be in language the person given the explanation can readily understand.
(3)	Failure to comply with this section does not invalidate the good behaviour order.
648	Good behaviour orders—notice
(1)	If the Childrens Court makes a good behaviour order for a young offender, the court must ensure, as soon as practicable after making the order, that written notice of the order, together with a copy of the order, is given to—
(a)	the young offender; and
(b)	either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long-term matters, for the young offender; and
(c)	if the order includes a community service condition, rehabilitation condition, non-association condition, place restriction condition, education and training condition or supervision condition—the chief executive.
Note	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
(2)	The notice must include the following information:
(a)	the term of the good behaviour order;
(b)	if the good behaviour order includes a community service condition—
(i)	the number of hours of community service work the young offender is to perform; and
(ii)	the period during which the work is to be completed; and
(iii)	where the young offender must present himself or herself to start complying with the condition; and
(iv)	when, or the period within which, the young offender must present;
(c)	if the good behaviour order includes a rehabilitation condition—
(i)	the rehabilitation the young offender is to take part in; and
(ii)	the period during which the young offender is to take part in the rehabilitation; and
(iii)	where the young offender must present himself or herself to start complying with the condition; and
(iv)	when, or the period within which, the young offender must present;
(d)	if the good behaviour order includes a non-association condition—
(i)	the person with whom the young offender must not associate; and
(ii)	the period for which the young offender is not to associate with the person; and
(iii)	information that could reasonably identify someone (other than the young offender) to whom the non‑association condition relates;
(e)	if the good behaviour condition includes a place restriction condition—
(i)	the place or area the young offender is prohibited from being in, or within a stated distance of; and
(ii)	the period for which the young offender is prohibited from being in, or within a stated distance of, the place or area;
(f)	if the good behaviour order includes an education and training condition—
(i)	where the young offender must present himself or herself to start complying with the condition; and
(ii)	when, or the period within which, the young offender must present;
(iii)	the period for which the young offender is to take part in the education or training;
(g)	any other conditions included in the good behaviour order.
(3)	Failure to comply with this section does not invalidate the good behaviour order.
649	Contravention of good behaviour order
(1)	This section applies to a young offender if—
(a)	the young offender is the subject of a basic good behaviour order (the original order); and
(b)	the young offender was found guilty, but not convicted, of the offence for which the original order was made; and
(c)	while the order is in force, the young offender contravenes—
(i)	the order; or
(ii)	a condition of the order.
(2)	The Childrens Court may cancel the original order and resentence the young offender for the offence in relation to which the original order was made.
(3)	In resentencing a young offender under subsection (2), the Childrens Court must, in addition to any other matters that the court considers should be taken into account, take into account—
(a)	the fact that the original order was made; and
(b)	anything done under the original order; and
(c)	any other order made for the offence for which the original order was made and anything done under that other order.
(4)	The Childrens Court may only make an order when resentencing the young offender imposing a penalty that, when taken together with a penalty previously imposed for the offence for which the original order was made, is no greater than the maximum penalty the court could have imposed for that offence.
Division 7.7.2	Good behaviour orders—non‑association conditions
650	Application—div 7.7.2
This division applies if the Childrens Court is considering whether to include a non-association condition in a good behaviour order for a child or young person in relation to an offence.
651	Meaning of non-association condition—div 7.7.2
In this division:
	non-association condition, of a good behaviour order, means a condition included in the order prohibiting a child or young person from—
(a)	being with a named person, or attempting to be with the person; or
(b)	being with a named person or communicating in any way with the person, or attempting to be with the person or to communicate in any way with the person.
652	Non-association conditions—grounds for making
(1)	The Childrens Court may include a non-association condition in a good behaviour order for a child or young person in relation to an offence if—
(a)	the offence is a personal violence offence; and
(b)	the court is satisfied that it is necessary and reasonable to make the order for 1 or more of the following purposes:
(i)	preventing the child or young person from harassing anyone or endangering the safety or welfare of anyone;
(ii)	preventing the child or young person from committing further offences (including a personal violence offence);
(iii)	assisting the child or young person to manage things that may make the child or young person more likely to commit further offences (including a personal violence offence) if not managed.
Note 	A good behaviour order cannot include a non-association condition unless the child or young person the order is to apply to has been convicted of the offence for which the order is imposed (see s 607).
(2)	The restriction imposed on the child or young person by a non‑association condition of a good behaviour order, and the period of the order, must not be unreasonably disproportionate to the purpose for which the order is made.
(3)	To remove any doubt, this section is additional to the Childrens Court’s other powers under this Act or any other territory law.
653	Non-association conditions—maximum period
(1)	A non-association condition of a good behaviour order—
(a)	must be for a period of no longer than 1 year; and
(b)	must state when it starts and the period for which it operates.
(2)	To remove any doubt, the period of a non-association condition of a good behaviour order is not limited by the term of any other sentence imposed for the offence for which the order is made.
Example
Andrew is convicted of an offence.  The Childrens Court decides to sentence Andrew to 6 months commitment, to suspend the committal order and impose a good behaviour order with a non-association condition.  The good behaviour order with the non-association condition may be for longer than the 6 months of the suspended committal order.
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).
654	Non-association conditions—disclosure of identifying information
(1)	A person commits an offence if the person publishes—
(a)	the fact that a person is someone (other than the child or young person subject to the order) to whom a non-association condition of a good behaviour order relates; or
(b)	any information that could reasonably identify someone (other than the child or young person subject to the order) to whom a non-association condition of a good behaviour order relates.
Maximum penalty:  10 penalty units.
(2)	Subsection (1) does not apply if the publication is—
(a)	to a relevant person (see subsection (5)); or
(b)	to a named person by, or in accordance with, a direction of the Childrens Court; or
(c)	part of an official report of a court proceeding and the publication is relevant to the proceeding.
(3)	However, the Childrens Court must not give a direction under subsection (2) (b) unless satisfied that the publication is in the interests of justice.
(4)	An offence against this section is a strict liability offence.
(5)	In this section:
	relevant person, in relation to an order, means any of the following:
(a)	the child or young person subject to the order;
(b)	a person (other than the child or young person) to whom the order relates;
(c)	a police officer;
(d)	anyone involved in the administration of the order, or any other penalty to which the child or young person is subject in relation to the offence for which the order was made;
(e)	anyone involved in a proceeding for failure to comply with the non-association order;
(f)	anyone stated in the non-association order as someone to whom the information may be published;
(g)	anyone else to whom the information is required or allowed to be published under a law of the Territory, the Commonwealth, a State or another Territory.
Division 7.7.3	Good behaviour orders—place restriction conditions
655	Application—div 7.7.3
This division applies if the Childrens Court is considering whether to include a place restriction condition in a good behaviour order for a child or young person in relation to an offence.
656	Meaning of place restriction condition—div 7.7.3
In this division:
place restriction condition, of a good behaviour order, means a condition of the order prohibiting a child or young person from being in, or within a stated distance of, a named place or area or attempting to be in, or within the stated distance, of the place or area.
657	Place restriction conditions—grounds for making
(1)	The Childrens Court may include a place restriction condition in the good behaviour order for the child or young person in relation to the offence if—
(a)	the offence is a personal violence offence; and
(b)	the court is satisfied that it is necessary and reasonable to make the order for 1 or more of the following purposes:
(i)	preventing the child or young person from harassing anyone or endangering the safety or welfare of anyone;
(ii)	preventing the child or young person from committing further offences (including a personal violence offence);
(iii)	assisting the child or young person to manage things that may make the child or young person more likely to commit further offences (including a personal violence offence) if not managed.
Note 	A good behaviour order cannot include a place restriction condition unless the child or young person to whom the order is to apply has been convicted of the offence for which the order is imposed (see s 607).
(2)	The restriction imposed on the child or young person by the place restriction condition of the good behaviour order, and the period of the order, must not be unreasonably disproportionate to the purpose for which the order is made.
(3)	To remove any doubt, this section is additional to the Childrens Court’s other powers under this Act or any other territory law.
658	Place restriction conditions—maximum period
(1)	A place restriction condition of a good behaviour order—
(a)	must be for a period of no longer than 1 year; and
(b)	must state when it starts and the period for which it operates.
(2)	To remove any doubt, the period of a place restriction condition of a good behaviour order is not limited by the term of any other sentence imposed for the offence for which the order is made.
Example
Kelly is convicted of an offence.  The Childrens Court decides the appropriate penalty is a 6 month suspended committal order and a good behaviour order with a place restriction condition.  The good behaviour order with the place restriction condition may be for longer than 6 months.
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).
Division 7.7.4	Good behaviour orders—community service conditions
659	Application—div 7.7.4
This division applies if the Childrens Court is considering whether to include a community service condition in a good behaviour order for a child or young person.
660	Meaning of community service condition—Act
In this Act:
	community service condition, of a good behaviour order for a child or young person, means a condition included in the order that the child or young person perform community service work.
Note 1	The number of hours that may be required to be performed for a community service condition is at least 20 and not more than 200 hours (see s 664).
Note 2	Community service work—see the dictionary.
661	Community service—eligibility
(1)	The Childrens Court must not include a community service condition in the good behaviour order for the child or young person unless satisfied that—
(a)	community service work is suitable for the child or young person; and
Note	For suitability for community service work, see s 662.
(b)	it is appropriate that the child or young person be required to perform community service work.
Note 	A good behaviour order cannot include a community service condition unless the child or young person to whom the order is to apply has been convicted of the offence for which the order is imposed (see s 607).
(2)	The Childrens Court may decline to include a community service condition in the good behaviour order if—
(a)	the court asks the child or young person to undergo a medical examination by a doctor, as directed by the court; and
(b)	the child or young person does not undergo the examination in accordance with the direction.
662	Community service—suitability
(1)	The Childrens Court must not include a community service condition in the good behaviour order unless a pre-sentence report is given to the court about the suitability of the child or young person to serve a sentence (or a part of a sentence) by performing community service work.
(2)	In deciding whether to include a community service condition in the good behaviour order for the child or young person, the Childrens Court must consider the following:
(a)	the pre-sentence report;
(b)	any medical report about the child or young person given to the court;
(c)	any evidence given by the person who prepared the pre‑sentence report;
(d)	any evidence given by an authorised person about the child or young person.
(3)	Subsection (2) does not limit the matters that the Childrens Court may consider.
(4)	In considering the pre-sentence report, the Childrens Court must consider any indicators of unsuitability mentioned in table 663.1, column 3 that are stated in the report to apply to the child or young person.
(5)	The Childrens Court may include, or decline to include, a community service condition in a good behaviour order for the child or young person despite—
(a)	any recommendation in the pre-sentence report about the suitability of the child or young person to serve a sentence (or a part of a sentence) by performing community service work; or
(b)	any evidence given by the person who prepared the pre‑sentence report or an authorised person.
(6)	The Childrens Court must record reasons for its decision to include, or not include, a community service condition in the good behaviour order if—
(a)	the pre-sentence report recommends that the child or young person is suitable but the court decides not to include a community service condition; or
(b)	the pre-sentence report recommends that the child or young person is not suitable but the court decides to include a community service condition.
(7)	Failure to comply with subsection (6) does not invalidate the good behaviour order.
663	Community service—pre-sentence report matters
For section 662, the matters for assessing the suitability of a child or young person to serve a sentence (or a part of a sentence) by performing community service work are the matters mentioned in table 663.1, column 2.
Table 663.1	Assessment of suitability—community service work
column 1
item	column 2
matter	column 3
indication of unsuitability	
1	degree of dependence on alcohol or a controlled drug	major problem with alcohol or a controlled drug	
2	psychiatric or psychological condition	major psychiatric or psychological disorder	
3	medical condition	potential unfitness to perform community service work	
4	criminal record	serious criminal record	
5	employment, educational and personal circumstances	potential impracticability of regular reporting for community service work	
664	Community service—hours to be performed
(1)	The number of hours of community service work required to be performed for a community service condition in the good behaviour order must be at least 20 hours and not more than 200 hours.
(2)	The period during which the community service work is required to be completed under the community service condition must not be longer than 1 year.
665	Community service—2 or more good behaviour orders
(1)	This section applies if—
(a)	a child or young person is currently subject to a community service condition under a good behaviour order (an existing order); and
(b)	the Childrens Court makes a further good behaviour order that includes a community service condition (a new order).
(2)	The Childrens Court may direct how the new order and the existing order work together.
(3)	However, the total of the hours to be performed under the new order and those remaining to be performed under the existing order must not be more than 200.
Division 7.7.5	Good behaviour orders—rehabilitation conditions
666	Application—div 7.7.5
This division applies if the Childrens Court is considering whether to include a rehabilitation condition in a good behaviour order for a child or young person.
667	Meaning of rehabilitation condition—Act
In this Act:
	rehabilitation condition, of a good behaviour order for a child or young person, means a condition included in the order that the child or young person undertake work, activities, classes or programs intended to rehabilitate the child or young person.
668	Rehabilitation conditions—eligibility
(1)	The Childrens Court must not include a rehabilitation condition in the good behaviour order for a child or young person unless satisfied that—
(a)	rehabilitation of a particular kind is suitable for the child or young person; and
(b)	it is appropriate that the child or young person undertake rehabilitation of that kind; and
(c)	the work, activities, classes or programs making up the particular kind of rehabilitation will have a rehabilitative effect on the child or young person; and
(d)	a place for the child or young person in rehabilitation of the kind proposed is available or will become available within a reasonable time.
Note 	A good behaviour order cannot include a rehabilitation condition unless the child or young person the order is to apply to has been convicted of the offence for which the order is imposed (see s 607).
(2)	The Childrens Court may decline to include a rehabilitation condition in the good behaviour order if—
(a)	the court asks the child or young person to undergo a medical examination by a doctor, as directed by the court; and
(b)	the child or young person does not undergo the examination in accordance with the direction.
669	Rehabilitation conditions—suitability
(1)	In deciding whether to include a rehabilitation condition in the good behaviour order for the child or young person, the Childrens Court must consider the following:
(a)	any pre-sentence report or relevant sentencing information for the child or young person given to the court;
(b)	any medical report about the child or young person given to the court;
(c)	any evidence given by the person who prepared a pre-sentence report for the child or young person or who gave relevant sentencing information to the court;
(d)	any evidence given by an authorised person about the child or young person.
(2)	Subsection (1) does not limit the matters that the Childrens Court may consider.
(3)	The Childrens Court may include, or decline to include, a rehabilitation condition in the good behaviour order for the child or young person despite—
(a)	any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the suitability of the child or young person to serve a sentence (or a part of a sentence) by taking part in rehabilitation; or
(b)	any evidence given by the person who prepared any pre‑sentence report for the child or young person or who gave relevant sentencing information to the court; or
(c)	any evidence given by an authorised person.
(4)	The Childrens Court must record reasons for its decision to include, or not include, a rehabilitation condition in the good behaviour order if—
(a)	a pre-sentence report recommends, or relevant sentencing information indicates, that the child or young person is suitable but the court decides not to include a rehabilitation condition; or
(b)	a pre-sentence report recommends, or relevant sentencing information indicates, that the child or young person is not suitable but the court decides to include a rehabilitation condition.
(5)	Failure to comply with subsection (4) does not invalidate the good behaviour order.
670	Rehabilitation conditions—maximum period
A rehabilitation condition included in the good behaviour order must not require the child or young person to take part in rehabilitation for longer than 3 years.
671	Rehabilitation conditions—2 or more good behaviour orders
(1)	This section applies if—
(a)	a child or young person is currently subject to a rehabilitation condition under a good behaviour order (an existing order); and
(b)	the Childrens Court makes a further good behaviour order that includes a rehabilitation condition (a new order).
(2)	The Childrens Court may direct how the new order and the existing order work together.
(3)	However, the new order must not require the child or young person to submit to rehabilitation as stated in the order for more than 3 years.
Division 7.7.6	Good behaviour orders—education and training conditions
672	Application—div 7.7.6
This division applies if the Childrens Court is considering whether to include an education and training condition in a good behaviour order for a child or young person.
673	Meaning of education and training condition—Act
In this Act:
	education and training condition, of a good behaviour order for a child or young person, means a condition included in the order that the child or young person undertake education or training.
674	Education and training conditions—eligibility
(1)	The Childrens Court must not include an education and training condition in the good behaviour order for the child or young person unless satisfied that—
(a)	education or training of a particular kind is suitable for the child or young person; and
(b)	it is appropriate that the child or young person undertake education or training of that kind; and
(c)	a place for the child or young person in education or training of that kind is available or will become available within a reasonable time.
Note 	A good behaviour order cannot include an education and training condition unless the child or young person the order is to apply to has been convicted of the offence for which the order is imposed (see s 607).
(2)	The Childrens Court may decline to include an education and training condition in the good behaviour order if—
(a)	the court asks the child or young person to undergo a medical examination by a doctor, as directed by the court; and
(b)	the child or young person does not undergo the examination in accordance with the direction.
675	Education and training conditions—suitability
(1)	In deciding whether to include an education and training condition in the good behaviour order for the child or young person, the Childrens Court must consider the following:
(a)	any pre-sentence report or relevant sentencing information for the child or young person given to the court;
(b)	any medical report about the child or young person given to the court;
(c)	any evidence given by the person who prepared a pre-sentence report for the child or young person or who gave relevant sentencing information to the court;
(d)	any evidence given by an authorised person about the child or young person.
(2)	Subsection (1) does not limit the matters that the Childrens Court may consider.
(3)	The Childrens Court may include, or decline to include, an education and training condition in the good behaviour order for the child or young person despite—
(a)	any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the suitability of the child or young person to serve a sentence (or a part of a sentence) by taking part in education or training; or
(b)	any evidence given by the person who prepared any pre‑sentence report for the child or young person or who gave relevant sentencing information to the court; or
(c)	any evidence given by an authorised person.
(4)	The Childrens Court must record reasons for its decision to include, or not include, an education and training condition in the good behaviour order if—
(a)	a pre-sentence report recommends, or relevant sentencing information indicates, that the child or young person is suitable but the court decides not to include an education and training condition; or
(b)	a pre-sentence report recommends, or relevant sentencing information indicates, that the child or young person is not suitable but the court decides to include an education and training condition.
(5)	Failure to comply with subsection (4) does not invalidate the good behaviour order.
676	Education and training conditions—maximum period
An education and training condition included in the good behaviour order must not require the child or young person to take part in education or training for longer than 3 years.
677	Rehabilitation conditions—2 or more good behaviour orders
(1)	This section applies if—
(a)	a child or young person is currently subject to an education and training condition under a good behaviour order (an existing order); and
(b)	the Childrens Court makes a further good behaviour order that includes an education and training condition (a new order).
(2)	The Childrens Court may direct how the new order and the existing order work together.
(3)	However, the new order must not require the child or young person to undergo education or training as stated in the order for more than 3 years.
Division 7.7.7	Good behaviour orders—supervision conditions
678	Application—div 7.7.7
This division applies if the Childrens Court is considering whether to include a supervision condition in a good behaviour order for a child or young person.
679	Meaning of supervision condition—Act
In this Act:
	supervision condition, of a good behaviour order for a child or young person, means a condition included in the order that—
(a)	requires the child or young person to comply with all reasonable directions given by the chief executive; and
(b)	allows the chief executive to require information from entities directly supervising the child or young person.
680	Supervision conditions—when required
The Childrens Court must include a supervision condition in the good behaviour order for a child or young person if the court has made, or proposes to make, a good behaviour order including a community service condition, rehabilitation condition or education and training condition for the child or young person.
681	Supervision conditions—maximum period
A supervision condition included in the good behaviour order must not require the child or young person to comply with all reasonable directions given by the chief executive for longer than 3 years.
682	Supervision conditions—2 or more good behaviour orders
(1)	This section applies if—
(a)	a child or young person is currently subject to a supervision condition under a good behaviour order (an existing order); and
(b)	the Childrens Court makes a further good behaviour order that includes a supervision condition (a new order).
(2)	The Childrens Court may direct how the new order and the existing order work together.
(3)	However, the new order must not require the child or young person to be supervised as stated in the order for more than 3 years.

Part 7.8	Particular orders—reparation orders
683	Meaning of reparation order—Act
In this Act:
	reparation order means an order under section 684 (3) or section 685 (3) or (4).
684	Reparation orders—losses and expenses generally
(1)	This section applies if—
(a)	a child or young person is convicted or found guilty of an offence against a territory law; and
(b)	a person (the injured person) suffers loss or incurs expense (including any out-of-pocket expense) as a direct result of the commission of the offence.
Note 1	Found guilty of an offence includes making a non-conviction order for the offence or taking the offence into account under s 633 (see Legislation Act, dict, pt 1).
Note 2	Certain victims of crimes may claim financial assistance under the Victims of Crime (Financial Assistance) Act 1983.
(2)	Before the Childrens Court sentences the child or young person or makes a non-conviction order for the child or young person, the director of public prosecutions may apply to the court for an order under this section.
(3)	On application under subsection (2), or its own initiative, the Childrens Court may make an order (a reparation order) requiring the child or young person to make reparation to the injured person, by way of a payment of money or otherwise, for the loss or expense.
Note	If the offence relates to stolen property, a reparation order may also be made under s 685.
(4)	However, if the reparation order is for the payment of money, the amount payable must not be more than $1 000.
(5)	This section is subject to section 731 (Operation of ancillary and restitution orders).
(6)	In this section:
	loss—see the Criminal Code, section 300.
685	Reparation orders—stolen property
(1)	This section applies if a child or young person is convicted or found guilty of an offence against a territory law in relation to stolen property.
(2)	Before the Childrens Court sentences the child or young person or makes a non-conviction order for the child or young person, the director of public prosecutions may apply to the court for 1 or more orders under this section.
(3)	On application under subsection (2), or its own initiative, the Childrens Court may make 1 or both of the following orders (each of which is a reparation order):
(a)	an order that a person with custody or possession of the stolen property restore it to someone entitled to recover it from the person;
(b)	an order that the child or young person make reparation by way of payment of an amount, or pay compensation for a loss suffered or expense incurred because of the offence, but so that the total amount of reparation or compensation is not more than $1 000.
Note	A reparation order may also be made under s 684 for the same offence.
(4)	If the Childrens Court makes an order under subsection (3) (a), the court, on application under subsection (2), or its own initiative, may also make either or both of the following orders (each of which is also a reparation order):
(a)	if the court considers that the child or young person has sold the property to a purchaser who was acting honestly—an order that the child or young person pay the purchaser an amount not more than the amount paid by the purchaser;
(b)	if the court considers that the child or young person has borrowed money on the security of the property from a lender acting honestly—an order that the child or young offender pay the lender an amount not more than the amount owed to the lender under the loan.
(5)	This section is subject to section 731 (Operation of ancillary and reparation orders).
(6)	In this section:
	stolen property—see the Criminal Code, section 314 (Receiving—meaning of stolen property).
Note	Under the Criminal Code, stolen property includes tainted property.  Tainted property is the proceeds of the sale of stolen property, or property that is exchanged for stolen property.
686	Reparation orders—no agreement about amount of loss etc
(1)	If a child or young offender for whom a reparation order is to be made and the director of public prosecutions (or any other applicant for the reparation order) do not agree about the amount the child or young person is to be ordered to pay under the reparation order, the Childrens Court must decide the amount.
(2)	To remove any doubt—
(a)	the total amount to be paid under the order must not be more than $1 000 (excluding any amount that is stolen property being restored); and
Note	See s 685 (3).
(b)	section 688 (Reparation orders—evidential basis for orders) applies in relation to facts about the amount the child or young person is to be ordered to pay under the reparation order.
687	Reparation orders—payment by instalments
If the Childrens Court makes a reparation order for the payment of an amount, the court may, in addition, order that the amount be paid by stated instalments.
688	Reparation orders—evidential basis for orders
(1)	A reparation order must not be made for an offence of which a child or young person has been convicted or found guilty unless the Childrens Court considers that the order should be made on the basis of facts established by—
(a)	evidence given at the trial; or
(b)	available documents; or
(c)	admissions by the child or young person; or
(d)	submissions made by or for anyone (including the director of public prosecutions).
(2)	In this section:
	available documents, in relation to the offence, means any of the following:
(a)	any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial for the offence;
(b)	depositions taken at any committal proceeding for the offence;
(c)	any written statements or admissions used as evidence in any committal proceeding for the offence;
(d)	any other relevant written documents.
Example—par (d)
If the value of an object, or the cost of its repair, is relevant to the proceeding for the reparation order, an affidavit by a valuer or repairer about the value of the object or the cost of its repair would be a relevant written document.
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).
689	Reparation orders—enforcing non-money order
(1)	This section applies if a reparation order does not require the payment of an amount.
(2)	If the young offender breaches the reparation order, the person in whose favour the order was made may apply to the Childrens Court for an order under this section to be made against the young offender.
Note	A young offender may breach a reparation order by failing to comply with it (see Legislation Act, dict, pt 1, def breach).
(3)	On an application under subsection (2), the Childrens Court may make an order for the payment of an amount against the young offender in substitution for the breached order.
690	Reparation orders—power to make other orders etc
To remove any doubt, the power to make a reparation order under a provision of this Act is additional to the Childrens Court’s other powers under this Act or any other territory law, including its power to make a reparation order under another provision of this Act or any other territory law.
Example
Stan broke into Alice’s house and stole property belonging to Alice.  None of the property was recovered.  Stan is convicted of the theft of the property.  The court may make reparation orders ordering Stan to pay Alice—
•	the costs of repairing the damage caused during the break-in (see s 684); and
•	the value of the stolen property (see s 685).
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).
691	Reparation orders—Confiscation of Criminal Assets Act
(1)	The Childrens Court must not order a child or young person to make reparation to a person only because the person’s property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003 (the Confiscation Act).
(2)	To remove any doubt—
(a)	an amount payable under a reparation order cannot be recovered from property that has been restrained or forfeited under the Confiscation Act; and
(b)	a reparation order for the restoration of property cannot be made for property that has been restrained or forfeited under the Confiscation Act.
Note 1	Restrained property may be dealt with only in accordance with the Confiscation Act (see that Act, s 19, def restraining order and s 33 (1)).  For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.
Note 2	For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5.
(3)	In this section:
	restrained—property that has been restrained under the Confiscation Act includes—
(a)	property in relation to which an application for a restraining order has been made under that Act; and
(b)	property in relation to which an application for a conviction forfeiture order has been made under that Act; and
(c)	property subject to forfeiture under that Act.
692	Reparation orders—notice
(1)	This section applies if the Childrens Court makes a reparation order for a child or young person.
Note	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
(2)	As soon as practicable after the Childrens Court makes the reparation order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the child or young person; and
(b)	either a parent of the child or young person or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person; and
(c)	the person in whose favour the order is made.
(3)	Failure to comply with this section does not invalidate the reparation order.

Part 7.9	Particular orders—accommodation orders
693	Meaning of accommodation order—Act
In this Act:
	accommodation order, in relation to a child or young person, means an order made by the Childrens Court requiring the child or young person to live at the place or with the person, whether within or outside the ACT—
(a)	as is stated in the order; or
(b)	as the chief executive from time to time directs.
694	Accommodation orders—when cannot be made
The Childrens Court must not make an accommodation order for a child or young person unless satisfied that—
(a)	the accommodation order proposed to be made is suitable for the child or young person; and
(b)	if the order states that the child or young person is to live at a place—the person in charge of the place agrees to accommodate the person at the place; and
(c)	if the order states that the child is to live with a person—the person agrees to the child or young person living with the person.
Note	Also, an accommodation order cannot be made on a finding of guilt without conviction (see s 606).
695	Accommodation orders—considerations
(1)	In deciding whether to make an accommodation order for a child or young person, the Childrens Court must consider the following:
(a)	any pre-sentence report or relevant sentencing information for the child or young person given to the court;
(b)	any medical report about the child or young person given to the court;
(c)	any evidence given by the person who prepared a pre-sentence report for the child or young person or who gave relevant sentencing information to the court;
(d)	any evidence given by an authorised person about the child or young person.
(2)	Subsection (1) does not limit the matters that the Childrens Court may consider.
(3)	The Childrens Court may make, or decline to make, an accommodation order, for a child or young person despite—
(a)	any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the appropriateness of an accommodation order for the child or young person; or
(b)	any evidence given by the person who prepared any pre‑sentence report for the child or young person or who gave relevant sentencing information to the court; or
(c)	any evidence given by an authorised person.
(4)	The Childrens Court must record reasons for its decision in relation to a child or young person if—
(a)	a pre-sentence report recommends, or relevant sentencing information indicates, that an accommodation order be made for the child or young person but the court does not make an accommodation order; or
(b)	a pre-sentence report recommends, or relevant sentencing information indicates, that an accommodation order not be made for the child or young person but the court makes an accommodation order.
(5)	Failure to comply with subsection (4) (b) does not invalidate the accommodation order.
696	Accommodation orders—maximum period
An accommodation order must not be longer than 3 years.
697	Accommodation orders—2 or more orders
(1)	This section applies if—
(a)	a child or young person is currently subject to an accommodation order (an existing order); and
(b)	the Childrens Court makes a further accommodation order (a new order).
(2)	The Childrens Court may direct how the new order and the existing order work together.
(3)	However, the new order must not require the child or young person to be accommodated as stated in the order for longer than 3 years.

Part 7.10	Particular orders—deferred sentence orders
Division 7.10.1	Deferred sentence orders generally
698	Meaning of deferred sentence order—Act
In this Act:
	deferred sentence order means an order under section 699 (2).
699	Deferred sentence orders generally
(1)	This section applies if—
(a)	a child or young person has been convicted or found guilty by the Childrens Court of an offence punishable by imprisonment; and
(b)	the court has not sentenced the child or young person for the offence; and
(c)	the child or young person is neither serving, nor liable to serve, a term of commitment for another offence; and
(d)	the court considers the child or young person should be given an opportunity to address his or her criminal behaviour, and anything that has contributed to the behaviour, before the court sentences the child or young person for the offence; and
(e)	the court is satisfied that it may release the child or young person on bail under the Bail Act 1992.
(2)	The Childrens Court may make an order (a deferred sentence order) requiring the child or young person to appear before the court at the time and place stated in the order to be sentenced for the offence.
Note	The maximum period of the order is 1 year (see s 710).
(3)	If the Childrens Court makes a deferred sentence order for the child or young person, the court must release the child or young person on bail under the Bail Act 1992.
(4)	A deferred sentence order applies to all offences for which the Childrens Court may sentence the child or young person, whether or not they are punishable by imprisonment.
(5)	A deferred sentence order may include any condition that the Childrens Court considers appropriate for subsection (1) (d).
Examples
see the examples to s 646  (Good behaviour orders)
Note 1	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).
Note 2	Bail may be granted subject to conditions (see Bail Act 1992, s 26).
(6)	This section is subject to this part.
700	Deferred sentence orders—automatic cancellation on bail revocation
The child or young person’s deferred sentence order is automatically cancelled if the child or young person’s bail in relation to which the order was made is revoked.
701	Deferred sentence orders—relationship with Bail Act
(1)	A requirement in a deferred sentence order under section 699 (Deferred sentence orders—generally) or section 707 (Deferred sentence orders—review requirements in orders) for a child or young person to appear before the Childrens Court —
(a)	does not affect a court’s power under the Bail Act 1992 to require the child or young person to appear before the court under that Act; and
(b)	applies to the child or young person despite the Bail Act 1992, section 6 (2) (b) (Rights following grant of bail).
Note	The Bail Act 1992, s 6 (2) (b) provides a bailed person is entitled to remain at liberty in relation to the offence until required to appear before a court in accordance with the person’s undertaking to appear under that Act.
(2)	To remove any doubt, section 699 (5) does not limit, and is not limited by, the Bail Act 1992, section 26 (Conditions on which bail may be granted to children).
(3)	To remove any doubt, section 716 (Deferred sentence orders—review) does not limit, and is not limited by, any provision of the Bail Act 1992, part 6 (Review of bail decisions) about review of a child’s or young person’s bail.
(4)	To remove any doubt, section 717 (Deferred sentence orders—court’s powers on review) does not limit, and is not limited by, any provision of the Bail Act 1992 about varying a child’s or young person’s bail conditions.
Division 7.10.2	Deferred sentence orders—making
702	Application—div 7.10.2
This division applies if the Childrens Court is considering whether to make, or makes, a deferred sentence order for a child or young person.
703	Meaning of deferred sentence obligations—Act
In this Act:
	deferred sentence obligations, for a child or young person—see section 708 (Deferred sentence orders—obligations).
704	Deferred sentence orders—eligibility
(1)	The Childrens Court must not make a deferred sentence order for the child or young person unless it considers that—
(a)	releasing the child or young person on bail would allow the child or young person to address his or her criminal behaviour and anything that has contributed to the behaviour; and
(b)	if the child or young person were to comply with the order, and any bail conditions, the court might not impose as severe a sentence for the offence.
(2)	The Childrens Court may make a deferred sentence order whether or not it considers that the seriousness of the offence justifies a sentence of commitment.
705	Deferred sentence orders—suitability
(1)	In deciding whether to make a deferred sentence order for the child or young person, the Childrens Court must consider the following:
(a)	any pre-sentence report about the child or young person given to the court;
Note	The court may order a pre-sentence report under s 615.
(b)	any evidence given by the person who prepared a pre-sentence report for the child or young person;
(c)	any evidence given by an authorised person about the child or young person.
(2)	Subsection (1) does not limit the matters that the Childrens Court may consider.
(3)	The Childrens Court may make, or decline to make, a deferred sentence order despite—
(a)	any recommendation in any pre-sentence report about the suitability of the child or young person for a deferred sentence order; or
(b)	any evidence given by the person who prepared any pre‑sentence report for the child or young person or an authorised person.
(4)	The Childrens Court must record reasons for its decision in relation to a child or young person if—
(a)	a pre-sentence report recommends that a deferred sentence order be made for the child or young person but the court does not make a deferred sentence order; or
(b)	a pre-sentence report recommends that a deferred sentence order not be made for the child or young person but the court makes a deferred sentence order.
(5)	Failure to comply with subsection (4) (b) does not invalidate the deferred sentence order.
706	Deferred sentence orders—indication of penalties
If the Childrens Court makes a deferred sentence order for the child or young person, the court must state, in general terms—
(a)	the penalty that the child or young person might receive if the child or young person complies with the order and any bail conditions; and
(b)	the penalty that the child or young offender might receive if the child or young person does not comply with the order or any bail condition.
707	Deferred sentence orders—review requirements in orders
If the Childrens Court makes a deferred sentence order for the child or young person, the court may require the child or young person to appear before the court at the times (before the time stated in the order under section 699 (2)), and at the places, stated in the order for the purpose of reviewing the compliance of the child or young person with the order.
Note	The court may also review the bail of a child or young person at any time, see the Bail Act 1992, s 41A.
708	Deferred sentence orders—obligations
The obligations (the deferred sentence obligations) of a child or young person while subject to a deferred sentence order are—
(a)	to comply with the order (including any conditions of the order); and
(b)	to comply with the bail conditions of the child or young person.
709	Deferred sentence orders—explanation and notice
(1)	If the Childrens Court makes a deferred sentence order for a child or young person, the court must ensure that reasonable steps are taken to explain to the child or young person, and either a parent of the child or young person or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person, in general terms—
(a)	the nature and conditions of the order and the bail of the child or young person under the Bail Act 1992; and
(b)	the obligations of the child or young person under the order and the Bail Act 1992; and
(c)	the consequences if the child or young person breaches the obligations.
Note	A child or young person may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
(2)	An explanation under subsection (1) must be in language the person given the explanation can readily understand.
(3)	As soon as practicable after the Childrens Court makes the deferred sentence order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the child or young person; and
(b)	either a parent of the child or young person or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person.
Note	The young offender must also be given written notice of any bail conditions (see Bail Act 1992, s 34).
(4)	Failure to comply with this section does not invalidate the deferred sentence order.
710	Deferred sentence orders—period of effect
(1)	A deferred sentence order must not state a time (the sentencing time) under section 699 (Deferred sentence orders generally) that is more than 1 year after the day the order is made.
(2)	A deferred sentence order—
(a)	starts on the day it is made; and
(b)	ends—
(i)	at the sentencing time; or
(ii)	if the order is earlier cancelled under section 700 (Deferred sentence orders—automatic cancellation on bail revocation) or section 717 (Deferred sentence orders—court’s powers on review)—on the day the court cancels it.

Division 7.10.3	Deferred sentence orders—supervision
711	Application—div 7.10.3
This division applies if the Childrens Court (the sentencing court) makes a deferred sentence order for a child or young person.
712	Deferred sentence orders—obligations breached
(1)	This section applies if a police officer believes, on reasonable grounds, that the child or young person has breached the child’s or young person’s deferred sentence obligations.
(2)	The police officer may—
(a)	give the child or young person written notice (an attendance notice) requiring the child or young person to appear before a stated court at a stated time; or
(b)	arrest the child or young person without a warrant.
(3)	If the police officer arrests the young offender, the police officer must bring the young offender before—
(a)	the Childrens Court; or
(b)	if the Childrens Court is not sitting—a magistrate.
713	Deferred sentence orders—arrest warrant
(1)	A judge or magistrate may issue a warrant for the arrest of the child or young person if satisfied, by information on oath, that—
(a)	there are reasonable grounds for suspecting that the child or young person has breached, or will breach, any of the child’s or young person’s deferred sentence obligations; or
(b)	the child or young person has failed to comply with—
(i)	the requirement in an attendance notice given to the child or young person under section 712; or
(ii)	a summons under section 716.
Note	For the arrest of a child or young person who breaches bail, see the Bail Act 1992, s 56A and s 56B.
(2)	The warrant must—
(a)	be in writing signed by the judge or magistrate; and
(b)	be directed to all police officers or a named police officer; and
(c)	state briefly the matter on which the information is based; and
(d)	order the arrest of the child or young person and bring the child or young person before the Childrens Court.
(3)	If a police officer arrests the child or young person under this section, the police officer must, as soon as practicable, bring the young offender before—
(a)	the Childrens Court; or
(b)	if the Childrens Court is not sitting—a magistrate.
Note	For remanding or granting bail to the child or young person, see the Bail Act 1992.
714	Deferred sentence orders—notice of review
(1)	If the Childrens Court proposes to review a child’s or young person’s deferred sentence order, the court must give written notice of the proposed review to—
(a)	the child or young person; and
(b)	either a parent of the child or young person or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person; and
(c)	the chief executive; and
(d)	the director of public prosecutions.
(2)	The notice must set out—
(a)	the reasons for the review; and
(b)	the time and place fixed for the review.
715	Deferred sentence orders—review
(1)	The Childrens Court may review the child’s or young person’s deferred sentence order at any time.
Note	The court may also review the child’s or young person’s bail at any time, see the Bail Act 1992, s 41A.
(2)	Without limiting subsection (1), the Childrens Court may review the deferred sentence order to consider whether the child or young person has breached, or may breach, the child’s or young person’s deferred sentence obligations.
(3)	The Childrens Court may review the deferred sentence order—
(a)	on its own initiative; or 
(b)	on application by—
(i)	the child or young person; or
(ii)	a parent or person who has responsibility for day-to-day matters, or long-term matters, for the young offender; or
(iii)	the chief executive; or
(iv)	the director of public prosecutions.
(4)	A person mentioned in subsection (3) (b) may appear at a review.
716	Deferred sentence order—summons to attend court
(1)	This section applies if information alleging that a child or young person has breached any of the child’s or young person’s deferred sentence obligations is before the Childrens Court.
(2)	The Childrens Court may issue a summons directing the child or young person to appear before the court to be dealt with under this part.
(3)	The registrar of the Childrens Court must ensure that a copy of the summons is given to each interested person for the deferred sentence order.
(4)	In this section:
	interested person—see section 831.

Division 7.10.4	Deferred sentence orders—amendment or cancellation
717	Deferred sentence orders—court’s powers on review
After reviewing a young offender’s deferred sentence order, the Childrens Court may do any of the following:
(a)	take no further action;
(b)	give the young offender a warning about the need to comply with the young offender’s deferred sentence obligations (including any bail conditions);
(c)	by order, amend any of the deferred sentence order’s conditions;
(d)	by order, cancel the deferred sentence order if—
(i)	the young offender has applied for its cancellation; or
(ii)	the court is satisfied that the young offender has breached the young offender’s deferred sentence obligations.
718	Deferred sentence orders—when amendments take effect
(1)	This section applies if the Childrens Court makes an order (an amendment order) under section 717 amending the young offender’s deferred sentence order’s conditions.
(2)	The Childrens Court must record its reasons for the decision.
(3)	The amendment order must state when it takes effect.
(4)	The date of effect must be—
(a)	the date when the Childrens Court gives the young offender written notice of the amendment order; or
(b)	if a later date of effect is stated in the amendment order—the date stated.
(5)	As soon as practicable after the Childrens Court makes the amendment order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the young offender; and
(b)	either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long-term matters, for the young offender; and
(c)	the chief executive; and
(d)	the director of public prosecutions.
(6)	Failure to comply with subsection (5) does not invalidate the amendment order.
719	Deferred sentence orders—when cancellation takes effect
(1)	This section applies if the Childrens Court makes an order (a cancellation order) under section 717 (Deferred sentence orders—court’s powers on review) cancelling the young offender’s deferred sentence order.
(2)	The Childrens Court must record its reasons for the decision.
(3)	The cancellation order takes effect on the day it is made.
(4)	As soon as practicable after the Childrens Court makes the cancellation order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the young offender; and
(b)	either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long-term matters, for the young offender; and
(c)	the chief executive; and
(d)	the director of public prosecutions.
(5)	Failure to comply with subsection (4) does not invalidate the cancellation order.
720	Deferred sentence orders—effect of cancellation
(1)	This section applies if the Childrens Court makes an order (a cancellation order) under section 717 (Deferred sentence orders—court’s powers on review) cancelling the young offender’s deferred sentence order.
(2)	The young offender’s bail in relation to which the deferred sentence order was made is automatically revoked on the making of the cancellation order.
(3)	The Childrens Court must sentence the young offender for all offences for which the court may sentence the young offender, whether or not they are punishable by imprisonment.

Part 7.11	Other orders
721	Meaning of fine order—Act
In this Act:
	fine order means an order directing that a child or young person convicted of an offence pay a fine.
722	Fine orders—making
(1)	This section applies if a child or young person is convicted or found guilty of an offence that is punishable by a fine.
(2)	The Childrens Court may make an order directing that the child or young person pay a fine (not greater than 50 penalty units) for the offence.
(3)	However, before the Childrens Court makes a fine order in relation to a child or young person, the court must consider the ability of the child or young person to comply with the order.
(4)	The Childrens Court may make a fine order for the young offender whether or not the offence is punishable by a fine otherwise than under this division.
(5)	If the Childrens Court makes a fine order, the court must state in the order—
(a)	the amount of the fine; and
(b)	how the fine is to be paid (for example, by stated instalments at stated times).
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).
(6)	In this section:
	fine—see the Magistrates Court Act 1930, section 146.
Note	The Magistrates Court Act 1930, s 146 defines fine as—
	(a)	a financial penalty imposed by a court for an offence; or
	(b)	a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence; or
	(c)	costs payable to the Territory under a court order in a proceeding for an offence; or
	(d)	a levy imposed under the Victims of Crime (Financial Assistance) Act 1983; or
	(e)	an amount payable to the Territory under an order for reparation under the Crimes Act 1900, s 350.
723	Fine orders—notice
(1)	As soon as practicable after the Childrens Court makes a fine order in relation to a child or young person, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the child or young person; and
(b)	either a parent of the young offender or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person.
Note	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
(2)	Failure to comply with subsection (1) in relation to a fine order does not invalidate the order.
724	Enforcement of fine orders
(1)	A fine order may be enforced by any means provided by law for the enforcement of a similar order of the Magistrates Court.
(2)	However—
(a)	the Childrens Court must not make an order for the imprisonment of a child or young person in default of payment of a fine; and
(b)	a warrant must not be issued committing a child or young person to prison because of the child’s or young person’s failure to pay a fine.
(3)	However, the Childrens Court may resentence the child or young person for the offence for which the fine order was made if—
(a)	the court is satisfied that all reasonable action has been taken under the Magistrates Court Act 1930, division 3.9.2 (Enforcement of fines) to secure payment of an outstanding fine payable by the child or young person and there is no reasonable likelihood of the fine being paid; and
(b)	the outstanding fine has not been remitted under the Magistrates Court Act 1930, section 159 (Remission).
(4)	In this section:
	fine—see the Magistrates Court Act 1930, section 146.
	outstanding fine—see the Magistrates Court Act 1930, section 146.
Note	The Magistrates Court Act 1930, s 146 defines outstanding fine to include the fine plus any administrative fee payable for the fine.
725	Driver licence disqualification orders—motor vehicle theft
(1)	This section applies if—
(a)	a child or young person is convicted of an offence against a territory law involving the theft of a motor vehicle; or
(b)	a child or young person is convicted of an offence against the Criminal Code, section 318 (Taking etc motor vehicle without consent).
Example—par (a)
an offence against any of the following provisions of the Criminal Code in relation to property that is a motor vehicle:
•	s 308 (Theft)
•	s 309 (Robbery)
•	s 310 (Aggravated robbery)
•	s 311 (Burglary)
•	s 312 (Aggravated burglary)
Note 1	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).
Note 2	Found guilty of an offence includes making a non-conviction order for the offence or taking the offence into account under s 633 (see Legislation Act, dict, pt 1).
(2)	The Childrens Court may make an order (a driver licence disqualification order) disqualifying the child or young person from holding or obtaining a driver licence under the Road Transport (Driver Licensing) Act 1999 for a period the court considers appropriate.
Note	The effect of disqualification is set out in the Road Transport (General) Act 1999, s 66.
(3)	To remove any doubt, this section is additional to the court’s other powers under this Act or any other territory law, including, for example, the road transport legislation.
(4)	In this section:
	motor vehicle—see the Criminal Code, section 318 (3).
	road transport legislation—see the Road Transport (General) Act 1999, section 6.
726	Driver licence disqualification orders—notice
(1)	As soon as practicable after the Childrens Court makes a driver licence disqualification order in relation to a child or young person, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)	the child or young person; and
(b)	either a parent of the child or young person or someone else who has responsibility for day-to-day matters, or long-term matters, for the child or young person; and
(c)	the road transport authority.
Note	If the order is part of a combination sentence, a single notice may be given to the child or young person for the sentences (see Legislation Act, s 49).
(2)	Failure to comply with subsection (1) in relation to a driver licence disqualification order does not invalidate the order.

Part 7.12	Combination sentences
727	Application—pt 7.12
This part applies if a child or young person is convicted of an offence.
728	Combination sentences—offences punishable by imprisonment
(1)	If the offence is punishable by imprisonment, the Childrens Court may impose a sentence (a combination sentence) consisting of 2 or more of the following orders:
(a)	a committal order;
(b)	a suspended sentence order;
(c)	an accommodation order;
(d)	a good behaviour order;
(e)	a fine order;
(f)	a driver licence disqualification order;
(g)	a reparation order;
(h)	a treatment order under the Drugs of Dependence Act 1989, section 123;
(i)	an order (however described) imposing another penalty available under any other territory law.
Examples of sentences that may be imposed
1	a sentence of 18 months as follows:
•	a committal order for 1 year (ie detention at a detention place)
•	a fine order directing payment of $500 by stated instalments
•	a good behaviour order for 6 months (the remainder of the term of the sentence) that includes a condition requiring the young offender to undertake 100 hours of community service and a supervision condition
2	a sentence of 3 years as follows:
•	a committal order for 2 years (ie detention at a detention place)
•	a good behaviour order for 1 year (the remainder of the term of the sentence)
•	a driver licence disqualification order for all of the sentence
3	a sentence of 2 years as follows:
•	an accommodation order for 2 years
•	a good behaviour order with supervision conditions for 2 years, and a non-association condition for 1 year
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).
(2)	However, the Childrens Court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.
729	Combination sentences—offences punishable by fine
(1)	If the offence is not punishable by imprisonment, the Childrens Court may impose a sentence (also a combination sentence) consisting of 2 or more of the following orders:
(a)	a basic good behaviour order;
Note	Basic good behaviour order—see s 601.
(b)	a fine order;
(c)	a driver licence disqualification order;
(d)	a reparation order;
(e)	an order (however described) imposing another penalty available under any other territory law.
(2)	However, the Childrens Court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.
730	Combination sentences—start and end
For a combination sentence, the Childrens Court may set the start or end of the period of any part of the sentence, or of any order forming part of the sentence, by reference to anything the court considers appropriate, including, for example—
(a)	a stated day; or
(b)	the lapse of a stated period of time; or
(c)	whenever a stated event happens, or whenever the earlier or later of 2 or more stated events happens.
Example—par (c)
a 3-year combination sentence consisting of the following orders:
•	a committal order for 2 years (ie detention at a detention place)
•	a good behaviour order with a place restriction condition, stated to start when the young offender is released from detention and to end at the end of the 3-year term of the sentence
•	a driver licence disqualification order, also stated to start whenever the young offender is released from detention and to end at the end of the 3‑year term of the commitment
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).

Part 7.13	Sentencing—miscellaneous
    
731	Operation of ancillary and reparation orders
(1)	In this section:
	finalised—a proceeding in relation to an appeal is finalised if—
(a)	the appeal is dismissed, withdrawn or struck out or ends without a retrial being ordered and the period for making any further appeal against that decision ends; or
(b)	if a retrial is ordered—the proceeding on the retrial is finalised within the meaning of paragraph (a).
	relevant order means—
(a)	an ancillary order under—
(i)	section 608 (Non-conviction orders—ancillary orders); or
(ii)	section 634 (Ancillary orders relating to offences taken into account in sentencing); or
(b)	a reparation order.
(2)	A relevant order takes effect on the day after—
(a)	the end of the period for appealing against the conviction or finding of guilt to which the relevant order relates; or
(b)	if an appeal in relation to the conviction or finding of guilt is made within the period for making the appeal—the day the proceeding in relation to the appeal is finalised.
(3)	However, an appeal court may, on application or its own initiative, if satisfied it is in the interests of justice, order that a relevant order take effect on a stated day earlier than the day mentioned in subsection (2).
(4)	A court may, on application or its own initiative, by order, give any directions it considers appropriate for—
(a)	the custody of property to which a relevant order relates; or
(b)	the giving of security, with or without sureties, for payment of an amount under a relevant order. 
(5)	If a conviction or finding of guilt is set aside—
(a)	any relevant order to which the conviction or finding of guilt relates is set aside; and
(b)	an appeal court may make any order it considers appropriate in the interests of justice consequent on any order given under subsection (4).
(6)	An application under this section may be made by the director of public prosecutions or a person whose interests are affected by a relevant order.
(7)	This section is subject to section 637 (Reopening proceedings to correct penalty errors).
732	Reparation—other actions for recovery
(1)	This Act does not abolish or otherwise affect any cause of action that anyone may have—
(a)	to recover goods or property; or
(b)	to recover damages for, or be indemnified against, any loss or expense.
(2)	However, in a proceeding in relation to any loss or expense that resulted from the commission of an offence, a court must consider any amount paid under a reparation order in relation to the commission of the offence.
733	Effect of failure to comply with Act
A failure to comply with this Act may be considered by an appeal court in any appeal against sentence even if this Act declares that the failure to comply does not invalidate the sentence.

Chapter 8	Criminal matters—sentence administration
Part 8.1	Detention of young offenders generally
800	Transporting young offenders to and from court
(1)	This section applies if a young offender is detained at a detention place and it is necessary to transport the young offender—
(a)	from the detention place to a court; or
(b)	from a court to the detention place.
(2)	The young offender must not be transported with an adult who is under detention.
(3)	The young offender must not be placed in a room with an adult who is under detention.
801	Detaining young offenders at court
(1)	This section applies if a young offender has been transported—
(a)	from a detention place to a court; or
(b)	from a court to a detention place.
(2)	The young offender may be detained at the court—
(a)	before a hearing relating to the young offender; or
(b)	after a hearing relating to the young offender but before the young offender is transported to the detention place.
(3)	However, the young offender must not be placed in a room with an adult who is under detention.
802	Unlawful absence by young offender—extension of sentence
If a young offender is unlawfully absent from a detention place or other place during the term of the young offender’s sentence of commitment, the absence is not to be counted in working out the period of the sentence served by the young offender.
Examples of unlawful absence
the young offender fails to return to a detention place as required after community service work or approved leave
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).

Part 8.2	Commitment
Division 8.2.1	Commitment—start and end of sentences
803	Start and end of sentences—general rule
(1)	A sentence of commitment starts—
(a)	on the day the sentence is imposed; or
(b)	if a young offender is not in custody—on the day the young offender becomes subject to lawful custody.
(2)	However, subsection (1) is subject to the following provisions of this Act:
(a)	section 730 (Combination sentences—start and end);
(b)	chapter 8 (Criminal matters—sentence administration).
(3)	A sentence of commitment that starts on a day starts at the beginning of that day.
(4)	A sentence of commitment that ends on a day ends at the end of that day.
(5)	In this section:
	sentence of commitment does not include a sentence of commitment that is fully suspended.
804	Start of sentences—backdated sentences
(1)	The Childrens Court may direct that a sentence of commitment is taken to have started on a day before the day the sentence is imposed.
(2)	For subsection (1), the Childrens Court must take into account any period during which the young offender has already been detained in relation to the offence.
(3)	However, subsection (2) does not apply to—
(a)	a period of detention shorter than 1 day; or
(b)	a sentence of commitment shorter than 1 day; or
(c)	a sentence of commitment that is fully suspended; or
(d)	the suspended part of a partly suspended sentence of commitment.
(4)	If the young offender is charged with a series of offences committed on different occasions and has been in custody continuously since arrest, the period of custody for subsection (2) must be worked out from the time of the young offender’s arrest.
(5)	Subsection (4) applies even if the young offender is not convicted or found guilty of—
(a)	the offence for which the young offender was first arrested; or
(b)	any particular offence or offences in the series.
Division 8.2.2	Effect and operation of committal orders
805	Application—div 8.2.2
(1)	This division applies if a court (a committing authority) makes an order (a committal order) sentencing a young offender to commitment that, under a territory law, must be served by detention.
(2)	A reference in this section to a court sentencing a young offender to commitment includes an entity prescribed by regulation committing the young offender.
Note 	ACT courts have federal jurisdiction in criminal matters (including sentencing) under the Judiciary Act 1903 (Cwlth).  See particularly that Act, s 68 (Jurisdiction of State and Territory courts in criminal cases).
806	Effect of committal order
The committal order—
(a)	authorises the chief executive to have custody of the young offender under the order; and
(b)	requires the chief executive to—
(i)	take the young offender into custody; and
(ii)	keep the young offender under full-time detention until released from commitment under this Act or another territory law.
807	Warrant for commitment
(1)	The committing authority must issue a warrant for the commitment of the young offender in the chief executive’s custody.
(2)	The warrant—
(a)	must be addressed to the chief executive; and
(b)	may be signed by a person authorised by the committing authority.
Note	If a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).
808	Custody of sentenced young offender
The chief executive must keep the young offender committed under full-time detention under this Act until released under this Act or another territory law.
809	Commitment not affected by lack of proper warrant
The validity of the young offender’s commitment under this Act is not affected by any failure to issue a proper warrant of commitment, if the commitment is in accordance with the committing authority’s committal order.
Division 8.2.3	Commitment—multiple sentences
810	Definitions—div 8.2.3
In this division:
	existing sentence—see section 811.
	fine—see the Magistrates Court Act 1930, section 146.
	primary sentence—see section 811.
811	Application—div 8.2.3
This division applies to a sentence of commitment (a primary sentence) imposed by the Childrens Court on a child or young person (the young offender) if—
(a)	any of the following apply in relation to the young offender:
(i)	when the primary sentence is imposed, the young offender is serving another sentence of commitment (an existing sentence);
(ii)	the young offender has been sentenced to another sentence of commitment (also an existing sentence) but, when the primary sentence is imposed, the other sentence has not yet started; 
(iii)		the young offender is sentenced to another sentence of commitment (also an existing sentence) in the same proceeding; and
(b)	the existing sentence is for an offence against a territory law; and
(c)	the primary sentence is not fully suspended.
812	Sentences to be concurrent 
A primary sentence must be served concurrently with an existing sentence.
813	Amendment of start of sentences on setting aside or amending other sentences
(1)	If a court sets aside or amends a sentence of commitment imposed on a young offender (whether on appeal or otherwise), the court may amend the starting day of any other sentence that has been imposed on the young offender by the court or another court.
(2)	If the young offender is subject to 2 or more sentences, this section applies to each of them.
(3)	The court may amend the starting day of a sentence under this section on its own initiative, or the application of a party to the proceeding on the setting aside or amendment of the other sentence.
(4)	An appeal does not lie only because the starting day of a sentence is amended under this section.
(5)	The term of a sentence must not be amended under this section.

Part 8.3	Remand
814	Application—pt 8.3
(1)	This part applies if any of the following (a remanding authority) orders the remand of a child or young person, or a person being dealt with as a young person, (the young remandee) in custody under a territory law:
(a)	a court;
(b)	a magistrate;
(c)	an entity prescribed by regulation.
(2)	To remove any doubt, this part also applies to the remand of a child or young person, or a person being dealt with as a child or young person, (also the young remandee) during an adjournment in a proceeding before a remanding authority, whether the remand is for less than a day or longer.
815	Definitions—pt 8.3
In this part:
	remanding authority—see section 814.
	young remandee—see section 814.
816	Effect of remand order
The remanding authority’s order for remand—
(a)	authorises the chief executive to have custody of the young remandee under the order; and
(b)	requires the chief executive to—
(i)	take the young remandee into custody; and
(ii)	keep the young remandee in custody under full-time detention under the order; and
(iii)	return the young remandee to the remanding authority as required by the order.
Note	For the treatment of young remandees in detention under this Act, see s 1004.
817	Warrant for remand
(1)	The remanding authority must issue a warrant for the remand of the young remandee in the chief executive’s custody.
(2)	The warrant—
(a)	must be addressed to the chief executive; and
(b)	may be signed by a person authorised by the remanding authority.
Note 1	If a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).
Note 2	If a form is approved under s 3210 for a warrant by a remanding authority that is not a court, the form must be used (see s 3210 (2)).
(3)	The warrant—
(a)	may state any considerations about the remand to which the chief executive must have regard; and
(b)	must state when and where the remanding authority orders the return of the young remandee to the remanding authority.
Examples of considerations—par (a)
1	the young remandee’s need for access to lawyers or other people in relation to the proceeding before the remanding authority
2	the likelihood of the young remandee having to be brought before the Childrens Court in some other proceeding
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).
818	Custody of young remandee
(1)	The chief executive must—
(a)	keep the young remandee in custody under full-time detention at a detention place under this Act under the order for remand; and
(b)	return the young remandee to the remanding authority as ordered by the remanding authority.
(2)	The chief executive must ensure that the young remandee is held in the place that the chief executive decides is the most appropriate.
(3)	However, the young remandee must not be held with an adult who is in custody under detention.
(4)	For subsection (2)—
(a)	the chief executive must have regard to the following:
(i)	the remanding authority’s order for remand;
(ii)	any considerations about the remand stated in the warrant by the remanding authority;
(iii)	whether the young remandee is also a sentenced young offender;
(iv)	the availability of suitable places of custody;
(v)	the practicality of moving the young remandee to and from the place where the young remandee is detained to satisfy the remanding authority’s order for the return of the young remandee; and
(b)	the chief executive may have regard to anything else the chief executive considers relevant.
819	Remand not affected by lack of proper warrant
The validity of the young remandee’s remand in custody under detention under this Act is not affected by any failure to issue a proper warrant of remand, if the remand is in accordance with the remanding authority’s order for remand.

Part 8.4	Committal—miscellaneous
820	Directions to escort officers
(1)	For this chapter, the chief executive may give directions to an escort officer in relation to a young offender or young remandee, including directions to take the young offender or young remandee into custody or to a place stated in the direction.
Note	Escort officer—see the dictionary.
(2)	Without limiting the authority that may be given by a direction under subsection (1), the direction authorises the escort officer to have custody of, and deal with, the young offender or young remandee in accordance with the direction.
821	Orders to bring young offenders and young remandees before court etc
(1)	This chapter is additional to, and does not limit, any other power of a court or other entity to require a young offender, young remandee or other person to be brought before the court or entity.
(2)	Without limiting subsection (1), the chief executive must arrange for a young offender, young remandee or other person in the chief executive’s custody to be brought before a court or other entity in accordance with any order or direction (however described) of the court or entity.

Part 8.5	Detention
Division 8.5.1	General
822	Application—pt 8.5
(1)	This part applies to a person (a young detainee) if the person is—
(a)	a young offender in the chief executive’s custody because of section 806 (Effect of committal order); or
(b)	a young remandee in the chief executive’s custody because of section 816 (Effect of remand order).
(2)	A reference in this part to a young offender is a reference to the young detainee if—
(a)	subsection (1) (a) applies to the young detainee; or
(b)	subsection (1) (b) applies to the young detainee but the young offender is not a young remandee under subsection (3).
(3)	A reference in this part to a young remandee is a reference to the young detainee if—
(a)	subsection (1) (b) applies to the young detainee; and
(b)	the young detainee—
(i)	has not been convicted or found guilty of the offence for which the young detainee is remanded in custody; or
(ii)	is not serving a sentence of committal by detention for another offence.
823	Definitions—Act and ch 8
(1)	In this Act:
	release date, for a young offender for a commitment, means the day the term of the sentence ends.
Note	The term of a commitment includes the term of the commitment as amended (see dict).
(2)	In this chapter:
	young detainee—see section 822 (1).
	young offender—see section 822 (2).
	young remandee—see section 822 (3).
Division 8.5.2	Serving detention
824	Detention obligations
(1)	A young offender must serve the period of commitment set by the sentencing court by full-time detention in accordance with this Act.
(2)	A young offender must also comply with any requirement or direction under this Act that applies to the young offender as a young detainee.
(3)	A young remandee must spend the period of remand in full-time detention in accordance with this Act.
(4)	A young remandee must also comply with any requirement or direction under this Act that applies to the young remandee as a young detainee.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).
825	Detention—chief executive directions
(1)	For this chapter, the chief executive may give directions, orally or in writing, to a young detainee.
(2)	To remove any doubt, this section does not limit section 927 (Chief executive directions—custody under Act).
826	Chief executive to arrange detention
(1)	The chief executive must arrange for a young detainee to be detained at a detention place.
(2)	For this section, the chief executive may, in writing, direct that a young detainee be detained at the detention place stated in the direction.
827	Guidelines—allocation of young detainees to detention places
(1)	The chief executive may make guidelines in relation to the allocation of young detainees to detention places.
(2)	Without limiting subsection (1), guidelines may include provision about—
(a)	which detention places are to be used for accommodating young detainees; and
(b)	the transfer of young detainees between detention places.
(3)	A guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
828	Release at end of sentence
(1)	A young offender must be released from commitment on the young offender’s release date for the sentence.
(2)	The young offender may be released from commitment at any time on the release date.
(3)	However, if the release date is not a working day at the place of commitment, the young offender may be released from commitment at any time during the last working day at that place before the release date.
Note	Working day is defined in the Legislation Act, dict, pt 1.
(4)	If the young offender is released under subsection (3), the young offender’s sentence is taken to have ended when the young offender is released under that subsection.
829	Young offender not to be released if serving another sentence etc
(1)	A young offender must not be released under section 828 if—
(a)	on the release date for the young offender’s sentence (the current sentence), the young offender is subject to another sentence of commitment to be served by detention; and
(b)	under the other sentence, the young offender must be kept in full-time detention on or immediately after the release date for the current sentence.
(2)	Also, the young offender must not be released under section 828 if, on the release date for the current sentence, the young offender is otherwise required to be kept in custody in relation to an offence against a law of the Commonwealth, a State or another Territory.

Part 8.6	Young offenders under good behaviour orders
Division 8.6.1	Serving good behaviour orders generally
    
830	Application—pt 8.6
This part applies to a young offender under a good behaviour order.
831	Definitions—pt 8.6
(1)	In this part:
	additional condition, of a young offender’s good behaviour order, means—
(a)	a condition of the order under section 646 (Good behaviour orders); or 
(b)	a condition of the order imposed under—
(i)	division 8.6.5 (Good behaviour orders—breach); or
(ii)	division 8.6.6 (Good behaviour orders—amendment and discharge); or
(c)	if a condition of the order is amended under division 8.6.5 or division 8.6.6—the condition as amended.
	core condition, of a young offender’s good behaviour order, means a core condition under section 833.
	good behaviour obligations, of a young offender subject to a good behaviour order, means the young offender’s obligations under section 832.
	good behaviour order—see section 646.
	interested person, for a young offender’s good behaviour order, means any of the following:
(a)	the young offender;
(b)	a parent or someone else who has responsibility for day-to-day matters, or long-term matters, for the young offender;
(c)	the chief executive;
(d)	the director of public prosecutions.
832	Good behaviour obligations
A young offender must—
(a)	comply with the young offender’s good behaviour order, including—
(i)	the core conditions of the order; and
(ii)	any additional condition of the order; and
(b)	comply with any other requirement under this Act that applies to the young offender.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).
833	Good behaviour orders—core conditions
(1)	The core conditions of a young offender’s good behaviour order are as follows:
(a)	the young offender must not commit—
(i)	an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or
(ii)	an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;
(b)	if the young offender is charged with an offence against a law in force in Australia or elsewhere—the young offender must tell the chief executive about the charge as soon as possible, but within 2 days after the day the young offender becomes aware of the charge;
(c)	if the young offender’s contact details change—the young offender must tell the chief executive about the change as soon as possible, but within 2 days after the day the young offender knows the changed details;
(d)	the young offender must comply with any direction given to the young offender by the chief executive under this Act in relation to the good behaviour order;
(e)	if the good behaviour order is subject to a supervision condition—the young offender must not leave the ACT for more than the defined period without the chief executive’s approval;
(f)	the young offender must comply with any attendance notice given to the young offender under section 854 (Good behaviour orders—good behaviour obligations breached);
(g)	any condition prescribed by regulation that applies to the young offender.
(2)	In this section:
	contact details, for a young offender, means any of the following:
(a)	home address or phone number;
(b)	address or phone number of an educational institution the young offender is attending;
(c)	work address or phone number;
(d)	mobile phone number.
	defined period means 24 hours or, if another period is prescribed by regulation, the prescribed period.
834	Good behaviour orders—end
A good behaviour order for a young offender ends—
(a)	at the end of the term of the order; or
(b)	if the order is cancelled or discharged earlier under division 8.6.5 (Good behaviour orders—breach) or division 8.6.6 (Good behaviour orders—amendment and discharge)—when the cancellation or discharge takes effect.
Division 8.6.2	Good behaviour orders—doing community service work
Subdivision 8.6.2.1	Community service work generally
    
835	Definitions—Act and div 8.6.2.
(1)	In this Act:
	community service work means work prescribed by regulation to be community work.
(2)	In this division:
	person involved, in community service work, includes each of the following (other than a young offender doing the work):
(a)	an entity for whose benefit the work is done; 
(b)	an entity who directs or supervises the work; 
(c)	an entity that owns or occupies the premises or land where the work is done.
836	Protection from liability for people involved in community service work
(1)	A person involved in community service work is not civilly liable to someone (other than the young offender doing the work) for conduct engaged in by the young offender in doing the work.
Note	A person may engage in conduct by omitting to do an act (see dict, def conduct and def engage in conduct).
(2)	A person involved in community service work is not civilly liable to the young offender for conduct engaged in by the person in relation to the work.
(3)	Any civil liability that would, apart from this section, attach to the person involved attaches instead to the Territory.
(4)	However, subsections (1) and (2) do not apply if—
(a)	the community service work was not approved by the chief executive; or
(b)	the conduct was intended (whether by itself or with other conduct) to cause injury, loss or damage.
837	Community service work not to displace employees
The chief executive must not direct or allow a young offender to do community service work if the chief executive believes, on reasonable grounds, that, in doing the work, the young offender would take the place of someone who would otherwise be employed to do the work.
838	No employment contract for community service work
(1)	To remove any doubt, community service work, and any arrangement under this Act in relation to community service work, is not taken to create a contract of employment.
(2)	In particular, a contract of employment is not taken to exist between the following in relation to community service work by a young offender:
(a)	the young offender and the Territory;
(b)	the young offender and a person involved in the work;
(c)	the Territory and a person involved in the work.
839	Community service work—occupational health and safety
(1)	The chief executive must ensure, as far as practicable, that the conditions for doing community service work comply with requirements under the Occupational Health and Safety Act 1989 in relation to the doing of the work by employees.
(2)	In particular, the chief executive must ensure that arrangements for a young offender to do community service work take account, as far as practicable, of the need—
(a)	to secure the health, safety and welfare of the young offender; and
(b)	to protect people at or near community service work workplaces from risks to health or safety arising out of the activities of the young offender.
(3)	A regulation may provide for the application of the Occupational Health and Safety Act 1989 in relation to community service work, including modifications of the Act in its application in relation to a young offender doing community service work.
Subdivision 8.6.2.2	Doing community service work
840	Application—sdiv 8.6.2.2
This subdivision applies if a young offender’s good behaviour order is subject to a community service condition.
841	Definitions—sdiv 8.6.2.2
In this subdivision:
	CE community service direction, in relation to the young offender, means a direction given under section 843 by the chief executive to the young offender.
	reporting officer, in relation to the young offender, means the reporting officer stated under section 843 (2) (e) in the CE community service direction for the young offender.
	work supervisor, in relation to a young offender, means the work supervisor stated under section 843 (2) (d) in the CE community service direction for the young offender.
842	Compliance with community service condition
To comply with a community service condition of the young offender’s good behaviour order, the young offender must comply with the requirements of this subdivision.
843	Community service work—chief executive directions
(1)	The chief executive may direct the young offender, orally or in writing, to do community service work that the chief executive considers suitable for the young offender.
(2)	The CE community service direction must include details of the following:
(a)	the community service work the young offender must do;
(b)	the place to which the young offender must report for the work;
(c)	the time when the young offender must report;
(d)	the person (if any) to whom the young offender must report (the work supervisor);
(e)	the person (the reporting officer) the young offender must tell if—
(i)	under the direction, the young offender is being required to do work the young offender is not capable of doing; or
(ii)	the direction interferes with the young offender’s normal attendance at another place for work or at a school or other educational institution.
(3)	The CE community service direction may also include a requirement to be satisfied when reporting to do the community service work.
Examples of reporting requirements directed by chief executive
1	the kinds of clothing, personal possessions and other things that the young offender must or must not have when reporting for the work
2	cleanliness when reporting for the work
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).
(4)	The CE community service direction must, as far as practicable, avoid any interference with the young offender’s normal attendance at another place for work or at a school or other educational institution.
844	Community service work—effect of chief executive and other directions
(1)	A CE community service direction takes effect—
(a)	when it is given to the young offender; or
(b)	if a later date of effect is stated in the direction—on the date stated.
(2)	The young offender must comply with the CE community service direction.
(3)	However, the young offender is not required to do work the young offender is not capable of doing.
(4)	The young offender must also comply with any reasonable direction given to the young offender, orally or in writing, by the work supervisor in relation to the community service work.
(5)	If the young offender cannot comply with a CE community service direction, or the direction interferes with the young offender’s normal attendance at another place for work or at a school or other educational institution, the young offender must—
(a)	tell the reporting officer stated in the direction as soon as possible; and
(b)	comply with the reporting officer’s directions.
Examples where young offender cannot comply
1	the community service work to which the direction applies is not available at the place
2	it is impracticable for the young offender to do the community service work
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).
845	Community service work—failure to report etc 
(1)	This section applies if a young offender—
(a)	fails to report to do community service work in accordance with a CE community service direction; or
(b)	fails to do community service work in accordance with a CE community service direction; or
(c)	fails to comply with a reasonable direction given to the young offender by the work supervisor under section 844 in relation to the community service work.
(2)	The chief executive may direct the young offender, orally or in writing, not to do the community service work and to leave the place where it was to be done.
846	Community service work—maximum daily hours
(1)	A young offender must not do, or be credited with, more than 8 hours of community service work on any day.
(2)	To work out the time spent by the young offender doing community service work—
(a)	only actual work time, and any breaks from work approved by the work supervisor or reporting officer, is counted; and
(b)	if the total work time on any day includes part of an hour—that part is counted as 1 hour.
Examples of maximum daily hours
1	A young offender, Sunny, is scheduled to perform 8 hours of community service work on a particular day.  However, Sunny goes home sick after performing 2 hours and 10 minutes of community service work.  He must be credited with having performed 3 hours work on that day.
2	Another young offender, Fleur, is scheduled to perform 5 hours of community service work on that day.  However, she works just 35 minutes because of bad weather.  Fleur must be credited with having performed work for 1 hour on that day.
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).
847	Community service work—health disclosures
A young offender must tell the chief executive as soon as possible about any change of which the young offender is aware in the young offender’s physical or mental condition that affects the young offender’s ability to do community service work safely.
Examples
The indicators of unsuitability for community service set out in the Crimes (Sentencing) Act 2005, table 90.
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).
848	Community service work—reports by entities
(1)	This section applies if the Territory makes an agreement with an entity under which the young offender may participate in community service work for the entity.
(2)	The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the young offender’s participation in the community service work.

Division 8.6.3	Good behaviour orders—complying with rehabilitation conditions
849	Application—div 8.6.3
This division applies if a young offender’s good behaviour order is subject to a rehabilitation condition.
850	Compliance with rehabilitation condition
To comply with a rehabilitation condition of a young offender’s good behaviour order, the young offender must comply with the requirements of this division.
851	Rehabilitation conditions—chief executive directions
(1)	The chief executive may give the young offender directions, orally or in writing, in relation to the rehabilitation condition.
(2)	Without limiting subsection (1), a direction may include details of the following:
(a)	the work, activities, classes or programs that the young offender must do or attend;
(b)	the place to which the young offender must report for the work, activities, classes or programs;
(c)	the time when the young offender must report;
(d)	the person (if any) to whom the young offender must report;
(e)	the person the young offender must tell if—
(i)	under the direction, the young offender is being required to do work the young offender is not capable of doing; or
(ii)	the direction interferes with the young offender’s normal attendance at another place for work or at a school or other educational institution.
(3)	A direction under this section may also include a requirement to be satisfied when reporting to do the work, activity, class or program required to be done under the rehabilitation condition.
Examples of reporting requirements directed by chief executive
1	the kinds of clothing, personal possessions and other things that the young offender must or must not have when reporting for the work, activity, class or program
2	cleanliness when reporting for the work, activity, class or program
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).
(4)	A direction under this section must, as far as practicable, avoid any interference with the young offender’s normal attendance at another place for work or at a school or other educational institution.
852	Rehabilitation program providers—reports by providers
(1)	This section applies if the Territory makes an agreement with an entity under which a young offender may participate in a rehabilitation program provided by the entity.
(2)	The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the young offender’s participation in the rehabilitation program.
Division 8.6.4	Good behaviour orders—complying with supervision condition
853	Authorised people to report breach of good behaviour obligations
(1)	This section applies if an authorised person believes, on reasonable grounds, that a young offender has breached any of the young offender’s good behaviour obligations.
(2)	The authorised person must report the belief to the sentencing court.
(3)	A report under this section must be made in writing and set out the grounds for the authorised person’s belief.
854	Good behaviour orders—good behaviour obligations breached
(1)	This section applies if a police officer believes, on reasonable grounds, that a young offender has breached any of the young offender’s good behaviour obligations.
(2)	The police officer may—
(a)	give the young offender written notice (an attendance notice) requiring the young offender to appear before a stated court at a stated time; or
(b)	arrest the young offender without a warrant.
(3)	If the police officer arrests the young offender, the police officer must, as soon as practicable, bring the young offender before—
(a)	the Childrens Court; or
(b)	if the Childrens Court is not sitting—a magistrate.
Note	For remanding or granting bail to the young offender, see the Bail Act 1992.
855	Good behaviour orders—warrants for breach of good behaviour obligations etc
(1)	A judge or magistrate may issue a warrant for a young offender’s arrest if satisfied, by information on oath, that—
(a)	there are reasonable grounds for suspecting that the young offender has breached, or will breach, any of the young offender’s good behaviour obligations; or
(b)	the young offender has failed to comply with—
(i)	the requirement in an attendance notice given to the young offender under section 854; or
(ii)	a summons under section 856.
(2)	The warrant must—
(a)	be in writing signed by the judge or magistrate; and
(b)	be directed to all police officers or a named police officer; and
(c)	state briefly the matter on which the information is based; and
(d)	order the young offender’s arrest and bringing the young offender before the sentencing court.
(3)	If a police officer arrests the young offender under the warrant, the officer must, as soon as practicable, bring the young offender before—
(a)	the sentencing court; or
(b)	if the sentencing court is not sitting—a magistrate.
Note	For remanding or granting bail to the young offender, see the Bail Act 1992.
856	Good behaviour orders—summons to attend court
(1)	This section applies if information alleging that a young offender has breached any of the young offender’s good behaviour obligations is before the Childrens Court.
(2)	The Childrens Court may issue a summons directing the young offender to appear before the court to be dealt with under this part.
(3)	The registrar of the Childrens Court must ensure that a copy of the summons is given to each interested person for the good behaviour order.

Division 8.6.5	Good behaviour orders—breach
857	Offence committed while under good behaviour order
(1)	If the Supreme Court finds a young offender guilty of an offence committed during the term of the young offender’s good behaviour order, the court may deal with the young offender under this part for breach of the young offender’s good behaviour obligations.
(2)	If the Childrens Court finds a young offender guilty of an offence committed during the term of the young offender’s good behaviour order, and the order was made or changed by the Supreme Court, the Childrens Court must, in addition to dealing with the young offender for the offence, commit the young offender to the Supreme Court to be dealt with under this part for breach of the young offender’s good behaviour obligations.
(3)	For subsection (2), a magistrate may remand the young offender in custody until the young offender can be brought before the Childrens Court.
Note	For remanding or granting bail to the young offender, see the Bail Act 1992.
858	Court powers—breach of good behaviour obligations
(1)	This section applies if—
(a)	a court is satisfied a young offender has breached any of the young offender’s good behaviour obligations; and
(b)	section 860 (Cancellation of good behaviour order with suspended sentence order) does not apply to the young offender’s good behaviour order.
(2)	The court may do 1 or more of the following:
(a)	take no further action;
(b)	give the young offender a warning about the need to comply with the young offender’s good behaviour obligations;
(c)	give the chief executive directions about the young offender’s supervision;
(d)	amend the good behaviour order; 
(e)	cancel the order.
Examples—par (d)
impose or amend an additional condition of the order, or amend the term of the order
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)	If the court cancels the good behaviour order, the court must—
(a)	if section 859 applies to the young offender’s good behaviour order—deal with the young offender under that section; or
(b)	in any other case—re-sentence the young offender for the offence for which the good behaviour order was made (the relevant offence).
(4)	This Act applies to the re-sentencing in the same way that it applies to the sentencing of a young offender on conviction for the relevant offence.
(5)	The court’s powers under this section are subject to section 862 (Good behaviour orders—limitations on amendment or discharge).
(6)	To remove any doubt, a young offender re-sentenced by a court under this section has the same right of appeal as the young offender would have had if sentenced by the court on being convicted of the relevant offence.
859	Cancellation of good behaviour order made as non‑conviction order
(1)	This section applies if—
(a)	a young offender’s good behaviour order was made under section 606 (Non-conviction orders—general); and
(b)	a court cancels the order under section 857.
(2)	The court must—
(a)	convict the young offender of the offence for which the good behaviour order was made; and
(b)	sentence the young offender for the offence.
(3)	This Act applies to the sentencing in the same way that it applies to the sentencing of a young offender on conviction for the offence.
860	Cancellation of good behaviour order with suspended sentence order
(1)	This section applies if—
(a)	a young offender’s good behaviour order was made under section 644 (3) (Suspended sentences) on the young offender’s conviction for an offence; and
(b)	a court is satisfied the young offender has breached any of the young offender’s good behaviour obligations.
(2)	The court must cancel the good behaviour order and either—
(a)	impose the suspended sentence imposed for the offence; or
(b)	re-sentence the young offender for the offence.
(3)	This Act applies to the re-sentencing in the same way that it applies to the sentencing of a young offender on conviction for the offence.
Example
The Childrens Court convicted Desmond of an offence.  The court sentenced Desmond to commitment for 6 months for the offence and made a suspended sentence order for the entire sentence of commitment.  The court also made a good behaviour order for the 6-month period.  Desmond breaches the good behaviour order.  In re-sentencing Desmond, the court may impose a sentence of commitment.
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).
(4)	To remove any doubt, a young offender re-sentenced by a court under this section has the same right of appeal as the young offender would have had if sentenced by the court on being convicted of the offence.

Division 8.6.6	Good behaviour orders—amendment and discharge
861	Court powers—amendment and discharge of good behaviour orders
(1)	A court may, by order—
(a)	amend a young offender’s good behaviour order; or
(b)	discharge a young offender’s good behaviour order.
Example—par (a)
The court may impose or amend an additional condition of the order, or amend the term of the order.
Example—par (b)
The court is satisfied that the conduct of the young offender makes it unnecessary that the young offender continue to be bound by the order.
Note 1	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).
Note 2	Amend includes omit or substitute (see Legislation Act, dict, pt 1, def amend).
(2)	The court may act under this part—
(a)	on its own initiative; or
(b)	on application by an interested person for the good behaviour order.
(3)	The amendment of the good behaviour order takes effect as stated in the court order.
(4)	This section is subject to section 862.
862	Good behaviour orders—limits on amendment and discharge
(1)	A court must not amend a young offender’s good behaviour order—
(a)	to increase the number of hours of community service work to be done under the order; or
(b)	for an order mentioned in section 606 (Non-conviction orders—general)—to extend the term of the order beyond 3 years.
(2)	A court may not amend a young offender’s good behaviour order in a way that would be inconsistent with a core condition of the order.
(3)	If the Supreme Court made, or amended, a young offender’s good behaviour order, the Childrens Court must not amend the order in a way that would be inconsistent with the order as made, or amended, by the Supreme Court.
(4)	However, subsection (3) does not apply to a requirement, incidental to a proceeding before the Childrens Court, that is not inconsistent with the substance of the good behaviour order as made, or amended, by the Supreme Court.
(5)	If the Supreme Court made or amended a young offender’s good behaviour order, the Childrens Court must not discharge the order.

Division 8.6.7	Good behaviour—miscellaneous
863	Good behaviour order proceedings—rights of interested people
(1)	An interested person for a good behaviour order may appear before a court in a proceeding under this chapter.
(2)	A court must give each interested person for a good behaviour order (whether or not the person appeared before the court)—
(a)	written notice of the court’s decision; and 
(b)	a copy of any order or direction by the court.
864	Good behaviour orders—court powers after end
The Childrens Court may act under this part in relation to anything arising during the term of a good behaviour order, even if the term of the order has ended.

Part 8.7	Accommodation orders
865	Accommodation orders—contraventions
A person in relation to whom an accommodation order is in force contravenes the order—
(a)	if the order is an order that the person live at the place the chief executive decides—if the person contravenes the reasonable lawful directions of the person in charge of the place; or
(b)	if the order is an order that the person be placed in the care of a suitable person—if the person contravenes the reasonable lawful directions of the person.
866	Accommodation orders—resentencing for breach
(1)	This section applies to a child or young person if—
(a)	the child or young person is the subject of an accommodation order (the original order); and
(b)	while the order is in force, the child or young person breaches—
(i)	the order; or
(ii)	a condition of the order.
(2)	The Childrens Court may resentence the child or young person for the offence in relation to which the original order was made.
(3)	In resentencing a child or young person under subsection (2), the Childrens Court must, in addition to any other matters that the court considers should be taken into account, take into account—
(a)	the fact that the original order was made; and
(b)	anything done under the original order; and
(c)	any other order made for the offence for which the original order was made and anything done under that other order.
(4)	The Childrens Court may only make an order when resentencing the child or young person imposing a penalty that, when taken together with a penalty previously imposed for the offence for which the original order was made, is no greater than the maximum penalty the court could have imposed for that offence.

Part 8.8	Victim and young offender information
    
867	Definitions—pt 8.8
In this part:
	registered victim, of a young offender, means a victim of the young offender about whom information is entered in the victim’s register.
	victims register means the register under section 869.
868	Meaning of victim—Act
(1)	For this Act, each of the following is a victim of a young offender:
(a)	a person (a primary victim) who suffers harm because of an offence by the young offender;
(b)	if a primary victim dies because of an offence by the young offender—a person who was financially or psychologically dependent on the primary victim immediately before the primary victim’s death.
(2)	In this section:
	because of, an offence—see section 622.
	harm—see section 622.
869	Victims register
(1)	The chief executive must maintain a register of victims of young offenders.
(2)	The chief executive must enter in the register information about a victim of a young offender that the victim, or someone acting for the victim, asks the chief executive to enter in the register.
(3)	As soon as practicable after entering the victim’s information in the register, the chief executive must give the victim information, orally or in writing, about the rights of registered victims to information under section 870 about young offenders who are sentenced.
(4)	If the victim is a child under 15 years old, the chief executive may give the information to someone who has responsibility for day‑to‑day matters, or long-term matters, for the victim.
(5)	Subsection (4) does not limit the cases in which the chief executive may give information to a person acting for a victim.
870	Disclosures to registered victims about sentencing and release
(1)	This section applies in relation to a child or young person (the young person) who has been charged with an offence if the offence has been dealt with by the Childrens Court.
(2)	The chief executive may disclose non-identifying information about the sentencing, release or non-conviction of the young person to a registered victim of the young person.
Examples of disclosures of non-identifying information about sentencing or release
1	any non-association order or place restriction order that applies to the young offender
2	if the young offender is under a good behaviour order—the place where the young offender may do community service work or attend a rehabilitation program
3	if the young offender is serving a sentence of commitment:
	(a)	the detention place where the young offender is detained
	(b)	the young offender’s classification in detention
	(c)	the transfer of the young offender between detention places
	(d)	the death or escape of, or any other exceptional event relating to, the young offender
	(e)	if the young offender is to be released from a detention place—the date of release and the suburb (but not the street or street address) where the young offender intends to live after release
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)	If the victim is a child under 15 years old, the chief executive may give the information to someone who has responsibility for day‑to‑day matters, or long-term matters, for the victim.
(4)	Subsection (3) does not limit the cases in which the chief executive may give information to a person acting for a victim.
(5)	In this section:
	identifying information, for a young person, means the young person’s name and home address.
	non-identifying information, for a young person—
(a)	means information other than identifying information for the young person; and
(b)	includes the young person’s suburb.

Part 8.9	Remissions and pardons
871	Meaning of remissions advisory board—pt 8.9
In this part:
	remissions advisory board means the Remissions Advisory Board established under section 873.
    
872	Reduction of time to be spent in detention place
(1)	This section applies if a child or young person has been committed to a detention place for a period (the period of commitment).
(2)	The chief executive may reduce the period of commitment by not more than 1/3.
(3)	However, the chief executive must not reduce the period of commitment, or part of the period of commitment, if the Childrens Court has ordered that the period or part not be reduced.
Note	The Childrens Court may order that a period of commitment, or part of a period of commitment, not be reduced under s 613.
(4)	In deciding whether to reduce the period of commitment, the chief executive must ask for, and consider, the recommendations of the remissions advisory board.
(5)	If the chief executive makes a decision in relation to a young offender that is inconsistent with the recommendations of the remissions advisory board, the chief executive must give a written explanation of the decision to—
(a)	the child or young person; and
(b)	the child’s or young person’s lawyer (if any); and
(c)	someone who has responsibility for day-to-day matters, and long-term matters, for the child or young person; and
(d)	the remissions advisory board.
873	Remissions advisory board
(1)	The Remissions Advisory Board is established.
(2)	The remissions advisory board consists of 3 members appointed by the Minister.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(3)	However, the Minister must not appoint a person as a remissions advisory board member unless satisfied that the person has the experience or expertise in relation to the health and welfare of children and young people to allow the person to exercise the functions of a board member.
(4)	An appointment as a member of the remissions advisory board must not be for longer than 2 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
874	Ending appointment of remissions advisory board members
(1)	The Minister may end a person’s appointment as a member of the remissions advisory board—
(a)	if the person contravenes a territory law; or
(b)	for misbehaviour; or
(c)	if the person becomes bankrupt or executes a personal insolvency agreement; or
(d)	if the person is convicted in Australia of an indictable offence; or
(e)	if the person is convicted outside Australia of an offence that, if it had been committed in the ACT, would be an indictable offence.
(2)	The Minister must end the person’s appointment as a member of the remissions advisory board—
(a)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions; or
(b)	if the person fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the person’s functions.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
875	Function of remissions advisory board
The function of the remissions advisory board is, if asked, to make recommendations to the chief executive about whether a young person’s period of detention should be reduced and, if the board recommends that the period should be reduced, how much it should be reduced.
876	Remission and reduction of certain penalties
If a penalty is imposed on a child or young person convicted or found guilty of an offence, the Executive may, in writing—
(a)	if the penalty is a fine or other financial penalty—reduce or remit the penalty; or
(b)	if the penalty is a forfeiture of property or committal sentence—remit the penalty.
Note	Reduction of sentences of commitment is dealt with in s 872.
877	Grant of pardons
(1)	The Executive may, in writing, pardon a child or young person in relation to an offence of which the child or young person has been convicted or found guilty.
(2)	The pardon discharges the child or young person from any further consequences of the conviction or finding of guilt for the offence.
878	Prerogative of mercy
The prerogative of mercy is not affected by this Act.

Chapter 9	Criminal matters—transfers
Part 9.1	Transfers within ACT
Division 9.1.1	Important concepts—pt 9.1
900	Definitions—pt 9.1
In this part:
	person responsible, in relation to a young detainee, means—
(a)	a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee; or
(b)	a person who has the temporary control of the young detainee (whether or not the person has the custody of the young detainee); or
(c)	a person who had the temporary control of the young detainee immediately before the young detainee was detained under this Act.
	transfer direction means a direction for the transfer of a young detainee under section 901.
	young detainee means—
(a)	a young offender; or
(b)	a child or young person remanded in custody; or
(c)	a person being dealt with as a child or young person under this Act who has been remanded in custody.
901	Transfer directions
(1)	The chief executive may, in writing, direct that a young detainee be transferred from one place to another.
Example
1	direction that a young detainee be transferred from a detention place to a health facility and back from the health facility to the detention place on discharge
2	direction that a young detainee be transferred from one detention place to another
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).
(2)	However, the chief executive must not make a transfer direction for a young detainee unless—
(a)	the young detainee agrees to the transfer; or
(b)	this part otherwise allows the chief executive to make the direction.
(3)	A transfer direction is sufficient authority for a police officer or someone else authorised by the chief executive to take the young detainee to the place to which the young detainee is to be transferred.
902	Directions to escort officers
(1)	For this part, the chief executive may give directions to an escort officer in relation to a young detainee, including directions to take the young detainee into custody or to a place stated in the direction.
(2)	Without limiting the authority that may be given by a direction under subsection (1), the direction authorises the escort officer to have custody of, and deal with, the young detainee in accordance with the direction.
903	Orders to bring young detainee before court etc
(1)	This part is additional to, and does not limit, any other power of a court or other entity to require a young detainee or other child or young person to be brought before the court or entity.
(2)	Without limiting subsection (1), the chief executive must arrange for a young detainee or child or young person in the chief executive’s custody to be brought before a court or other entity in accordance with any order or direction (however described) of the court or entity.
Division 9.1.2	Escorting young detainees
904	Other powers not limited
To remove any doubt, this division is additional to, and does not limit, any other provision relating to the escorting of young detainees under a territory law or a law of the Commonwealth or a State.
Examples of other provisions
1	The Crimes (Sentence Administration) Act 2005, pt 3.3 (Committal—miscellaneous)—
•	s 20 (Directions to escort officers)
•	s 21 (Orders to bring offender or remandee before court etc)
2	A law of a State relating to the escort of prisoners through the ACT.
Note 1	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).
Note 2	State includes the Northern Territory (see Legislation Act, dict, pt 1).
905	Escorting arrested children and young people to court etc
(1)	This section applies if an arrested child or young person—
(a)	has not been released on bail; and
(b)	is in police custody; and
(c)	is required by law to be brought before a court or tribunal.
(2)	A police officer may require an escort officer to bring the child or young person before the court or tribunal.
(3)	The escort officer must bring the child or young person before the court or tribunal and, for that purpose, may—
(a)	take the child or young person into custody; and
(b)	arrange for the child or young person to be detained under this Act until the child or young person is brought before the court or tribunal.
906	Custody etc during proceedings
Subject to any order or direction of a court, an escort officer who is required to bring a child or young person to a court must, as far as practicable—
(a)	ensure the safe custody and welfare of the child or young person for the purposes of the proceeding; and
(b)	ensure that the child or young person does not obstruct or hinder the proceeding.
907	Executing warrants of commitment or remand etc
(1)	The chief executive may make escort officers available to attend at a court or tribunal—
(a)	to take a child or young person into custody; or
(b)	to arrange for a child or young person to be kept in custody; or
(c)	to transfer or otherwise deal with a child or young person.
(2)	An order or direction of the court or tribunal addressed to all escorts—
(a)	is taken to be addressed to each escort; and
(b)	may be executed by any escort.
908	Custody of escorted children and young people
A child or young person in the custody of an escort officer as mentioned in this part is also taken to be in the chief executive’s custody and in detention.
Division 9.1.3	Transfers between detention places
909	Transfers between detention places on application
(1)	A young detainee, or a person responsible for the young detainee, may apply for the transfer of the young detainee from one detention place to another.
Note 1	The chief executive may make a transfer direction under s 901.
Note 2	If a form is approved under s 3210 for this provision, the form must be used.
(2)	The chief executive may make a transfer direction on the application if the chief executive reasonably believes that the transfer is appropriate, having regard to all the circumstances, including—
(a)	the place or intended place of residence of anyone who has responsibility for day-to-day matters, or long-term matters, for the young detainee; and
(b)	the present and future education, training or employment of the young detainee; and
(c)	the medical needs of the young detainee; and
(d)	the safety, health and welfare of the young detainee.
(3)	In deciding whether to make a transfer direction, the chief executive may, in writing, ask for necessary information from—
(a)	the young detainee; or
(b)	a person responsible for the young detainee.
(4)	The chief executive may refuse to make a transfer direction if information sought under subsection (3) is not supplied within the time stated by the chief executive.
910	Transfer directions because of behaviour
The chief executive may make a transfer direction for a young detainee at a detention place if the chief executive reasonably believes that the young detainee’s behaviour in the detention place places at risk the safety, health or welfare of others detained in the place, or of the staff of the place.
Division 9.1.4	Transfers to health facilities
911	Transfers to health facilities
(1)	The chief executive may direct that a young detainee be transferred to a health facility at a detention place, or outside a detention place, if the chief executive believes, on reasonable grounds, that it is necessary or prudent for the young detainee to receive health services at the facility.
Note	Health facility—see the dictionary.
(2)	The chief executive must have regard to the advice of a health professional when considering whether to make a direction under subsection (1).
(3)	The chief executive may direct an escort officer to escort the young detainee to or from the health facility, or while at the facility.
(4)	The young detainee may be discharged from the health facility only if—
(a)	the health professional in charge of the young detainee’s care approves the discharge; or
(b)	the chief executive directs that the young detainee be removed from the facility.
Example of direction for removal of young detainee from health facility
where the young detainee is a danger to the safety of people at the facility
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).
(5)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to health care.
Division 9.1.5	Transfers of young offenders who become adults
912	Application—div 9.1.5
This division applies to a young offender serving a sentence of commitment at a detention place who is an adult.
913	Transfers to correctional centres
(1)	The chief executive may, on the chief executive’s own initiative or on application, direct that a young offender to whom this division applies be transferred to a correctional centre.
(2)	In deciding whether to direct that a young offender be transferred to a correctional centre, the chief executive must consider the following:
(a)	the young offender’s maturity;
(b)	the young offender’s apparent mental capacity;
(c)	whether the young offender is likely to be vulnerable in a correctional centre;
(d)	the availability of services or programs appropriate for the young offender at the correctional centre;
(e)	whether the young offender is more likely to be rehabilitated in the detention place or correctional centre;
(f)	the behaviour of the young offender, particularly if it presents a risk to the safety of young detainees and staff at the detention place.
914	Twenty-one year olds etc
(1)	A young offender who is 21 years old or older cannot be detained at a detention place, but must be detained at a correctional centre.
(2)	The chief executive must give the directions necessary to ensure that a young offender at a detention place who turns 21 years old is transferred to a correctional centre.
915	Effect of transfer directions for adult young offenders
(1)	This section applies if the chief executive gives a transfer direction under section 913 for a young offender who is an adult.
(2)	The chief executive may direct an escort officer to escort the young offender from the detention place to the correctional centre.
(3)	The young offender must be dealt with as an adult once the young offender is taken to the correctional centre.

Part 9.2	Interstate transfers
Division 9.2.1	Interstate transfer generally
916	Definitions—pt 9.2
In this part:
	Minister of a State, for a provision, includes a person authorised by a Minister of the State to do the thing provided for in the provision.
	person responsible, for a young detainee, means—
(a)	a parent of the young detainee or someone else who has responsibility for day-to-day matters, or long-term matters, for the young detainee; or
(b)	a person who has the temporary control of the young detainee (whether or not the person has custody of the young detainee); or
(c)	a person who had temporary control of the young detainee immediately before the young detainee was detained under this Act.
	receiving State means the State to which a young detainee is transferred.
	sending State means the State from which a young detainee is transferred.
	transfer agreement—see section 917.
	transfer escort means a person who is authorised under a transfer agreement, transfer arrangement or transfer order to take and keep temporary control of a young detainee.
	transfer order—see section 923.
	young detainee means—
(a)	a child or young person remanded in custody and not admitted to bail; or
(b)	a young offender.
917	General agreements with other jurisdictions
(1)	The Minister may enter into an agreement (a transfer agreement) with a Minister of a State providing generally for the transfer of young detainees—
(a)	from or to the ACT; or
(b)	through the ACT from a State to another State.
Note	Minister of a State has an extended meaning—see s 916.
(2)	A transfer agreement relating to a State must not be entered into unless a declaration under subsection (3) has been notified under the Legislation Act in relation to the State.
(3)	The Minister may, in writing, declare that a State has enacted legislation dealing with the interstate transfer of young detainees.
(4)	Both of the following are notifiable instruments:
(a)	a transfer agreement;
(b)	a declaration under subsection (3).
Note	A notifiable instrument must be notified under the Legislation Act.
918	Transfer arrangements—general
(1)	If a transfer agreement with a Minister of a State is in force, the chief executive may make an arrangement (a transfer arrangement) with the Minister for the transfer of a particular young detainee—
(a)	from the ACT to the State; or
(b)	to the ACT from the State.
Note	Minister of a State has an extended meaning—see s 916.
(2)	The chief executive may also make a transfer arrangement with the Minister to fix a mistake in a transfer arrangement.
(3)	The chief executive may only make a transfer arrangement for a particular young detainee from the ACT to a State in the circumstances mentioned in section 919.
919	Power to arrange for transfers
(1)	The chief executive may make a transfer arrangement for the transfer of a young detainee from the ACT to a State—
(a)	on application by the young detainee or a person responsible for the young detainee; or
(b)	if the chief executive has responsibility for day-to-day matters, or long-term matters, for the young detainee.
(2)	However, the chief executive may only make a transfer arrangement for the transfer of a young detainee from the ACT to a State if—
(a)	the chief executive reasonably believes that the transfer is appropriate, having regard to all the circumstances, including—
(i)	the place or intended place of residence of the parents of the young detainee and other people (if any) who have responsibility for day-to-day matters, or long-term matters, for the young detainee, or the young detainee’s relatives; and
(ii)	the present and future education, training or employment of the young detainee; and
(iii)	the medical needs of the young detainee; and
(iv)	the safety, health and welfare of the young detainee; and
(b)	either—
(i)	the young detainee agrees to the transfer; or
(ii)	the chief executive decides that the particular circumstances of the case indicate that the transfer should be arranged without the young detainee’s agreement; and
(c)	the young detainee has been given independent legal advice about the effect of the transfer arrangement; and
(d)	the chief executive is satisfied that there is no appeal pending against an order of a Childrens Court to which the young detainee is subject.
(3)	In deciding whether to arrange for the transfer of a young detainee on an application under subsection (1) (a), the chief executive may ask the following people for relevant information:
(a)	the young detainee;
(b)	a person responsible for the young detainee.
(4)	The chief executive may refuse to make a transfer arrangement if information asked for is not supplied within than the reasonable time stated by the chief executive.
(5)	The chief executive may make a transfer arrangement to transfer a young detainee from the ACT to a State other than under subsection (1) if—
(a)	the young detainee is detained in a detention place; and 
(b)	the chief executive reasonably believes that the behaviour of the young detainee in the detention place puts at risk the safety, health or welfare of other people detained in the detention place or of staff of the detention place; and
(c)	the young detainee has been given independent legal advice about the effect of the transfer arrangement; and
(d)	the chief executive is satisfied that there is no appeal pending against an order of the Childrens Court to which the young detainee is subject.
(6)	This section does not apply to a transfer arrangement to fix a mistake.
920	Transfer arrangements—facilities must be adequate
A transfer arrangement for the transfer of a young detainee from a State to the ACT may be made only if the chief executive is satisfied that there are adequate facilities in the ACT for the young detainee to be accepted and dealt with as provided in the transfer arrangement.
921	Transfer arrangements—content
(1)	A transfer arrangement for the transfer of a young detainee from or to the ACT must—
(a)	be in writing; and
(b)	provide for the acceptance of, and means of dealing with, the young detainee in the receiving State; and
(c)	state each order of a court of the sending State to which the young detainee is subject (including an order required by a previous transfer arrangement with the Territory or with a State to be treated as having been made by a court of the sending State).
(2)	For each order mentioned in subsection (1) (c), the transfer arrangement must state—
(a)	the way that the order must operate in the receiving State, which must be as similar as possible to the way that it would operate in the sending State if the transfer arrangement were not made; and
(b)	the maximum time for which the order may operate, which must not be longer than the maximum time for which it could operate in the sending State if the transfer arrangement were not made; and
(c)	any entitlement of the young detainee to a reduction in detention in the sending State and how that entitlement must operate in the receiving State, which must be as similar as possible to the way that it would operate in the sending State if the transfer arrangement were not made; and
(d)	that a young detainee who is subject to a nonprobation period may be treated as being subject to an equivalent nonparole period, if the laws of the receiving State do not provide for nonprobation periods.
(3)	A reference in this section to an order of a court is a reference to a sentence, detention, probation, parole or other order, that could be made or imposed by the court.
922	Notice of transfer of young detainees from ACT to State
(1)	This section applies if the chief executive makes a transfer arrangement for the transfer of a young detainee from the ACT to a State.
(2)	Not later than 2 weeks after the day the chief executive makes the transfer arrangement, the chief executive must prepare a written notice of details of the transfer arrangement and give it to—
(a)	the relevant standing committee; and
(b)	the Chief Magistrate; and
(c)	the public advocate.
(3)	In this section:
	relevant standing committee means—
(a)	the standing committee of the Legislative Assembly nominated by the Speaker for this section; or
(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for the consideration of legal issues.
923	Transfer orders
(1)	If the chief executive makes a transfer arrangement under this Act for the transfer of a young detainee from the ACT to a State in the temporary control of a transfer escort, the chief executive must make a written order (a transfer order) that—
(a)	directs the person who has temporary control of the young detainee to deliver the young detainee to the temporary control of the transfer escort; and
(b)	authorises the transfer escort to take and keep temporary control of the young detainee for the purpose of transferring the young detainee to the place in the receiving State, and to the temporary control, mentioned in the transfer arrangement.
(2)	The authority given to a transfer escort by a transfer order is given only to a transfer escort who is—
(a)	a police officer; or
(b)	a corrections officer; or
(c)	a person appointed by the chief executive; or
(d)	a person acting as a transfer escort with the approval of the chief executive.
924	Temporary custody pending interstate transfer
If the chief executive makes a transfer arrangement under this Act for the transfer of a young detainee from the ACT to a State in the temporary control of a transfer escort mentioned in section 923 (2), the young detainee may be detained in a detention place until the young detainee is delivered to the transfer escort.
925	Transfer to ACT in temporary control of transfer escort
(1)	This section applies if, under a transfer arrangement for the transfer of a young detainee to the ACT, a transfer escort authorised under the transfer arrangement brings the young detainee into the ACT.
(2)	While in the ACT, the transfer escort is authorised to take and keep temporary control of the young detainee to transfer the young detainee to the place in the ACT, and to the temporary control, stated in the transfer arrangement.
926	Offence—escapes during transfer
(1)	A person commits an offence if—
(a)	a committal order has been made against the person; and
(b)	the person is in temporary control under a transfer arrangement made for the person’s transfer from the ACT to a State; and
(c)	the person escapes from that temporary control while the person is not in the ACT or the receiving State.
Maximum penalty:  committal to a detention place for 6 months.
(2)	Absolute liability applies to subsection (1) (a) and (b).
927	Chief executive directions—custody under Act
(1)	For this Act, the chief executive may give a direction to a person who is in the chief executive’s custody under this Act.
(2)	Without limiting subsection (1), the chief executive may give a direction that the chief executive considers necessary for any of the following:
(a)	the welfare or safe custody of the person or anyone else;
(b)	the security or good order of a detention place;
(c)	ensuring compliance with any requirement under this Act or any other territory law.
(3)	A direction may be given orally or in writing and may apply to a particular person or 2 or more people.
928	Evidentiary certificates—custody
(1)	A certificate that appears to be signed by the chief executive that states any of the following is evidence of the matter:
(a)	that a stated person was, or was not, subject to detention on a stated day;
(b)	that a stated person was, or was not, in the chief executive’s custody on a stated day;
(c)	that a stated young offender subject to full-time detention did not comply with a stated obligation of the detention;
(d)	that a stated young offender’s release from commitment on a stated day was authorised by a licence;
(e)	that a stated young offender released from commitment on licence did not comply with a stated condition of the release;
(f)	that the chief executive gave a stated direction to a stated person on a stated day;
(g)	that a stated person did not comply with a stated direction by the chief executive on a stated day;
(h)	that a stated decision was made by the board on a stated date;
(i)	that a stated person did, or did not, occupy a position under this Act on a stated day;
(j)	that a stated instrument under this Act was, or was not, in force on a stated day;
(k)	that a stated instrument is a copy of an instrument made, given, issued or received under this Act.
(2)	A certificate mentioned in subsection (1) may state a matter by reference to a date or period.
(3)	A certificate of the results of the analysis of a substance under this Act, signed by an analyst, is evidence of the facts stated in the certificate.
Note	Analyst—see the dictionary.
(4)	A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.
(5)	However, the following certificates must not be admitted in evidence by a court unless the court is satisfied that reasonable efforts have been made to serve a copy of the certificate on the person concerned:
(a)	a certificate about a matter mentioned in subsection (1) (c), (d), (e) or (g) to (i);
(b)	a certificate mentioned in subsection (3).
Division 9.2.2	Transfer of sentence or order
929	Meaning of sentence—div 9.2.2
(1)	To remove any doubt, in this division, sentence includes a community-based sentence.
(2)	In this section:
	community-based sentence—
(a)	for the ACT—any of the following:
(i)	a good behaviour order;
(ii)	a sentence declared by regulation to be a community‑based sentence; and
(b)	for a participating jurisdiction—a sentence that is a community-based sentence under the corresponding community-based sentence law of the jurisdiction.
	corresponding community-based sentence law, of a jurisdiction, means—
(a)	a law of a participating jurisdiction corresponding, or substantially corresponding, to this division; or
(b)	a law of a participating jurisdiction that is declared by regulation to be a corresponding community-based sentence law, whether or not the law corresponds, or substantially corresponds, to this division.
	participating jurisdiction means a State declared by regulation to be a participating jurisdiction.
Note	State includes the Northern Territory (see Legislation Act, dict, pt 1).
(3)	For the definition of community-based sentence, paragraph (a), the following are taken to be a single community-based sentence:
(a)	a suspended sentence order, the good behaviour order for the suspended sentence order and the sentence of imprisonment for the suspended sentence order;
(b)	a combination of 2 or more sentences prescribed by regulation.
930	Transfer from ACT of sentence or order
(1)	This section applies if a young detainee is transferred from the ACT to a State under a transfer arrangement.
(2)	From the time the young detainee arrives in the State, a sentence imposed on, or order made in relation to, the young detainee in the ACT before that time, ceases to have effect in the ACT except for—
(a)	an appeal against or review of a conviction, judgment, sentence or order made, imposed or fixed by a Territory court; and
(b)	taking into account a period of detention served before that time by the young detainee or a reduction of the period of detention granted before that time; and
(c)	taking into account anything done before that time by the young detainee in carrying out the order; and
(d)	allowing for a remittance of money to the Territory that is or has been paid in discharge or partial discharge of the sentence or order.
931	Transfer to ACT of sentence or order
(1)	This section applies if a young detainee is transferred to the ACT from a State under a transfer arrangement.
(2)	From the time the young detainee arrives in the ACT—
(a)	a sentence imposed on, or order made in relation to, the young detainee by a court of the sending State and stated in the transfer arrangement must be considered as having been imposed or made by the Territory court stated in the transfer arrangement; and
(b)	a sentence or order considered by a previous transfer arrangement with the Territory, or with a State, to have been imposed or made by a court of the sending State, which is a sentence or order stated in the transfer arrangement under which the young detainee is transferred to the ACT, must be considered as having been imposed or made by the Territory court stated in the transfer arrangement; and
(c)	a direction given or order made by a court of the sending State concerning the time when anything must be done under an order made by a court of that State is, as far as practicable, to be considered as having been given or made by the Territory court stated in the transfer arrangement.
(3)	A sentence, order or direction has effect in the ACT as stated in the transfer arrangement and the laws of the Territory apply as if the Territory court stated in the transfer arrangement—
(a)	had, at the relevant time, power to impose the sentence and to make or give the order or direction; and
(b)	did in fact impose the sentence and make or give the order or direction when it was imposed, made or given.
Division 9.2.3	Transit through ACT
932	Person in charge may receive young detainees
The chief executive may authorise the person in charge of a detention place to receive, at the detention place, young detainees being transferred through the ACT from a State to another State under a transfer agreement.
933	Lawful custody for transit through ACT
(1)	This section applies if a young detainee is brought into the ACT by a transfer escort authorised by a transfer agreement to have temporary control of the young detainee.
(2)	While in the ACT, the transfer escort is authorised to take and keep temporary control of the young detainee for the transfer.
(3)	A person in charge of a detention place who is authorised under section 932 may, at the request of the transfer escort and on receiving from the transfer escort written authority for the transfer of the young detainee as provided in the transfer agreement—
(a)	receive and detain the young detainee at the detention place under the temporary control and for the time that the transfer escort requests, if reasonably necessary for the transfer; and
(b)	at the end of that time, deliver the young detainee into the temporary control of the transfer escort.
934	Escapees may be apprehended without warrant
A young detainee who escapes from the temporary control of a transfer escort while being transferred through the ACT from a State to another State by a transfer escort under a transfer agreement may be apprehended by a person without a warrant.
935	Escapees to be brought before magistrate
(1)	This section applies if a young detainee being transferred through the ACT from a State to another State in the temporary control of a transfer escort—
(a)	escapes and is apprehended; or
(b)	attempts to escape.
(2)	The young detainee may be taken before a magistrate and the magistrate may, by warrant, order the young detainee to be detained in temporary control at a detention place.
(3)	The warrant may be executed according to its terms.
936	Court may arrange transfer of apprehended escapees
(1)	A young detainee who is apprehended under a warrant under section 935 must, as soon as practicable, be brought before—
(a)	if the young detainee is 18 years old or older—the Magistrates Court; or
(b)	in any other case—the Childrens Court.
(2)	The Magistrates Court or Childrens Court may order that the young detainee—
(a)	be delivered to the temporary control of a transfer escort; or
(b)	be detained for not longer than 7 days until a transfer escort is available from the sending State to carry out the transfer arrangement or an order made by a court of the State.
(3)	If a young detainee who is the subject of an order made by a magistrate is not, under the order, delivered into the temporary control of a transfer escort not later than 7 days after the day the order is made, the order has no further effect.
(4)	If an order ceases to have further effect under subsection (3), a further order may be made under subsection (2).
(5)	In this section:
	transfer escort, for a young detainee being transferred through the ACT from a State to another State under a transfer agreement, means—
(a)	the transfer escort authorised by the transfer agreement to have temporary control of the young detainee; or
(b)	if the young detainee has escaped or attempted to escape—1 or more of the following people:
(i)	the transfer escort;
(ii)	a police officer of the sending State;
(iii)	a person appointed in writing by the Minister of the sending State, or a person authorised to enter into a transfer agreement for that Minister, to be a transfer escort to carry out an order of a court of the sending State.
937	Search warrants for escapees
(1)	A transfer escort or police officer may apply to a magistrate for a search warrant if the transfer escort or police officer reasonably believes that a young detainee who has escaped from the temporary control of a transfer escort while being transferred through the ACT from a State to another State under a transfer agreement is at premises.
(2)	The magistrate may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the person named in the warrant with the assistance, and with the force, that is necessary and reasonable—
(a)	to enter stated premises; and
(b)	to inspect the premises for evidence of the young detainee who has escaped from temporary control; and
(c)	to observe and converse with a person apparently living there; and
(d)	to apprehend the young detainee at the premises.
(3)	A warrant issued under this section must state—
(a)	why the warrant is issued, including the name and description of the young detainee for whom entry and search are authorised; and
(b)	whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(c)	a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.
(4)	A police officer—
(a)	may accompany a transfer escort executing a search warrant issued under this section; and
(b)	may take all reasonable steps to assist in the apprehension of the young detainee at the premises.
(5)	In this section:
	transfer escort means the transfer escort authorised by the transfer agreement to have temporary control of the young detainee.
Division 9.2.4	Revocation of transfer orders
938	Revocation of transfer order—offence during transfer
(1)	The Childrens Court may, on application by the chief executive, revoke a transfer order in relation to a young detainee if the young detainee has, while being transferred, committed—
(a)	the offence of escaping; or
(b)	another offence.
(2)	This section applies whether—
(a)	the offence was an offence against a law of—
(i)	the Territory; or
(ii)	the receiving State; or
(iii)	a State through which the young detainee was being transferred; or
(b)	an information has been laid for the offence; or
(c)	a conviction has been recorded for the offence.
939	Revocation of transfer order by chief executive
(1)	The chief executive may revoke a transfer order in relation to a young detainee at any time before the young detainee is delivered in the receiving State into the temporary control stated in the transfer arrangement for the young detainee.
(2)	If the chief executive revokes a transfer order, the chief executive may make a further transfer arrangement with the receiving State for the return of the young detainee to the ACT.
940	Chief executive may consider reports etc
(1)	In forming an opinion or exercising a discretion under this part, the chief executive may—
(a)	be informed as the chief executive considers appropriate; and
(b)	consider reports from—
(i)	a person responsible for a young detainee in the ACT or a State; or
(ii)	a person who has had the custody, temporary control, care or supervision of a young detainee in the ACT or a State.
(2)	A report that relates to an ACT young detainee may be sent to a Minister of a State who has entered into a transfer agreement, or on whose behalf a transfer agreement has been entered into, or to a person authorised under a transfer agreement to make transfer arrangements with the chief executive.

Chapter 10	Criminal matters—detention places
Part 10.1	Objects, principles and interpretation
1000	Application—ch 10
This chapter applies to the following (each of whom is a young detainee):
(a)	a child or young person remanded in custody;
(b)	a child or young person committed to a detention place;
(c)	any other child or young person while the child or young person is required to be held in custody or detention under a territory law or a law of the Commonwealth or a State.
Note	State includes the Northern Territory (see Legislation Act, dict, pt 1).
1001	Definitions—ch 10
In this chapter:
	accredited person, in relation to a young detainee, means each of the following:
(a)	the chief executive if the chief executive is a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee;
(b)	a representative of an entity providing a service or program to the young detainee at a detention place;
(c)	a lawyer representing the young detainee;
(d)	an official visitor;
(e)	the human rights commissioner;
(f)	the public advocate;
(g)	the ombudsman;
(h)	a person prescribed by regulation.
	case management plan, for a young detainee, means the young detainee’s case management plan maintained under section 1050.
	family member, of a young detainee, means any of the following:
(a)	the young detainee’s domestic partner;
(b)	a parent, step-parent or grandparent of the young detainee;
(c)	a child, step-child or grandchild of the young detainee;
(d)	a brother, sister, step-brother or step-sister of the young detainee;
(e)	a guardian or carer of the young detainee.
	operating procedure means an operating procedure made by the chief executive under section 1010.
	prohibited thing means a thing declared to be a prohibited thing under section 1202.
	register of young detainees means the register kept under section 1047.
	security classification, for a young detainee, means the young detainee’s security classification (if any) under section 1052.
	segregation, of a young detainee—see section 1061.
	significant person, in relation to a young detainee, means a family member of the young detainee or someone significant in the young detainee’s life.
	visiting conditions, at a detention place, means conditions declared under section 1077 (Visiting conditions) in relation to the place.
	visitor, in relation to a detention place, includes a person wishing to enter the place as a visitor.
	young detainee—see section 1000.
	youth detention policy means a youth detention policy made by the chief executive under section 1010.
1002	Main object and principles—ch 10
(1)	The main object of this chapter is to assist children and young people in detention to maximise their potential, through choice and responsibility, to become socially responsible members of the community by increasing meaningful opportunities for rehabilitation within a safe and secure environment.
(2)	Functions under this chapter must be exercised in accordance with the following principles:
(a)	young detainees should be dealt with in a way that encourages them to maximise their opportunities to reduce offending and to engage with the community;
(b)	young detainees should be consulted about, and be given the opportunity to take part in making, decisions that affect them, to the extent possible taking into consideration their age, maturity and decision-making ability;
(c)	decisions about young detainees should be taken in a way that takes into consideration the young detainee’s age, maturity, gender, any impairment and cultural beliefs and practices;
(d)	if practicable and appropriate, Aboriginal and Torres Strait Islander children and young people in detention should be dealt with in a way that involves their community.
1003	Treatment of young detainees generally
Functions under this Act in relation to a young detainee must be exercised as follows:
(a)	to respect and protect the young detainee’s human rights;
(b)	to ensure the young detainee’s decent, humane and just treatment;
(c)	to preclude torture or cruel, inhuman or degrading treatment;
(d)	to ensure the young detainee is not subject to further punishment (in addition to deprivation of liberty) only because of the conditions of detention; 
(e)	to ensure the young detainee’s conditions in detention comply with section 1005 (Detention places—minimum living conditions);
(f)	if the young detainee is a young offender—to promote, as far as practicable, the young detainee’s rehabilitation and reintegration into society.
1004	Treatment of young remandees
(1)	Functions under this Act in relation to a child or young person in detention who is a young remandee must also be exercised to recognise and respect that—
(a)	the young remandee must be presumed innocent of any offence for which the young remandee is remanded in custody; and
(b)	the detention is not imposed as punishment of the young remandee.
(2)	Subsection (1) does not apply if the young remandee—
(a)	has been convicted or found guilty of the offence for which the young remandee is detained; or
(b)	is under a sentence of committal in relation to another offence.
Example—s (2) (a)
a convicted young person remanded in custody for sentencing
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).
1005	Detention places—minimum living conditions
(1)	To protect the human rights of young detainees at detention at detention places, the chief executive must ensure, as far as practicable, that conditions at detention places meet at least the following minimum standards:
(a)	young detainees must have access to sufficient nutritional food and drink to avoid hunger and poor nourishment;
(b)	young detainees must have access to sufficient suitable clothing that does not degrade or humiliate young detainees;
(c)	young detainees must have access to suitable facilities for personal hygiene; 
(d)	young detainees must have suitable accommodation and bedding for sleeping in reasonable privacy and comfort;
(e)	young detainees must have reasonable access to the open air and exercise;
(f)	young detainees must have reasonable access to telephone, mail and other facilities for communicating with people in the community;
(g)	young detainees must have reasonable opportunities to receive visits from significant people and accredited people;
Note 1	Accredited person and significant person are defined in s 1001.
Note 2	A family member may visit for at least 1 hour each week (see s 1040).
Note 3	For further provisions about access, see div 10.6.5.
(h)	young detainees must have the right to refuse visits from anyone;
(i)	young detainees must have reasonable opportunities to communicate with their lawyers;
(j)	young detainees must have reasonable access to news and education services and facilities to maintain contact with society;
(k)	young detainees must have access to suitable health services and health facilities;
(l)	young detainees must have reasonable opportunities to observe the requirements of their religion.
Example of requirements of religion
observances and practices relating to religious or spiritual beliefs, including indigenous spiritual beliefs
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).
(2)	Part 10.5 applies to living conditions at detention places.
1006	Detention places—right to information
A young detainee has a right to information about the administration of the detention place (other than information excluded under section 1011).
1007	Detention places—chief executive to provide education and training
The chief executive must ensure that, while detained, a young detainee is given education or training designed to meet the young detainee’s individual needs.
1008	Detention places—adequate planning for return to community
The chief executive must ensure that adequate plans are made for each young detainee’s return to community life at the end of the detention, taking into account the young detainee’s needs.

Part 10.2	Administration
Division 10.2.1	Administration—general
1009	Detention places—declaration
(1)	The Minister may declare a place to be a detention place.
(2)	A declaration is a notifiable instrument.
Example of declaration
the declaration of a place, including a buffer zone surrounding a secure perimeter, to be a detention place
Note 1	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).
Note 2	A notifiable instrument must be notified under the Legislation Act.
Note 3	The power to make an instrument includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48.)
(3)	For the Smoking (Prohibition in Enclosed Public Places) Act 2003, a detention place is a public place.
1010	Youth detention policies and operating procedures
(1)	The chief executive may make youth detention policies and operating procedures, consistent with this Act, to facilitate the effective and efficient management of detention services for young detainees.
(2)	Each youth detention policy or operating procedure is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	The amendment or repeal of a youth detention policy or operating procedure is also a notifiable instrument.  See the Legislation Act, s 46 (Power to make instrument includes power to amend or repeal).
(3)	Each youth detention policy and operating procedure—
(a)	must be available for inspection by anyone at each detention place; and
(b)	may be made available for inspection at any other place decided by the chief executive.
1011	Exclusion of matters from notified youth detention policies etc
(1)	The chief executive may exclude from a youth detention policy or operating procedure notified or available for inspection in accordance with section 1010 any matter that the chief executive believes, on reasonable grounds, would be likely to disclose—
(a)	information that may endanger public safety or justice or security or good order at a detention place; or
(b)	anything prescribed by regulation.
(2)	If subsection (1) applies to a youth detention policy or operating procedure—
(a)	the policy or procedure must contain a statement about the effect of this section; and
(b)	the excluded matter must be available for inspection, on request, by any of the following:
(i)	a judge or magistrate; 
(ii)	a member of the Legislative Assembly;
(iii)	the human rights commissioner;
(iv)	the public advocate;
(v)	the ombudsman;
(vi)	an official visitor;
(vii)	anyone to whom this section applies because of a declaration under subsection (3).
(3)	The minister may declare that this section applies to a stated person.
(4)	The declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
1012	Copies of Act, policies etc to be available for inspection at detention place
The chief executive must ensure copies of the following are available for inspection by young detainees at each detention place:
(a)	this Act;
(b)	youth detention policies and operating procedures available under section 1010;
(c)	the record of disciplinary action kept under section 1332.
1013	Chief executive directions
(1)	The chief executive may give directions in relation to a young detainee at a detention place.
(2)	Without limiting subsection (1), the chief executive may give a direction that the chief executive considers necessary and reasonable in relation to any of the following:
(a)	the welfare or safety of the young detainee or anyone else;
(b)	security or good order at a detention place;
(c)	ensuring compliance with any requirement under this Act or another territory law.
(3)	A direction may be given orally or in writing, and may apply to a particular young detainee or 2 or more young detainees.
(4)	A direction by the chief executive under this Act, or anything done under the direction, is not invalid because of a defect or irregularity in or in relation to the direction.
1014	Prohibited areas
(1)	The chief executive may declare an area of a detention place to be a prohibited area.
(2)	A declaration is a notifiable instrument.
Note 1	The power to make an instrument includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48.)
Note 2	A notifiable instrument must be notified under the Legislation Act.
(3)	As soon as practicable after the chief executive declares an area of a detention place to be a prohibited area, the chief executive must ensure that each detainee at the detention place is told about the prohibited area.
1015	Declaration of emergency
(1)	This section applies if the chief executive believes, on reasonable grounds, that an emergency (including an imminent emergency) exists in relation to a detention place that threatens or is likely to threaten—
(a)	good order or security at the place; or
(b)	the safety of anyone at the place or elsewhere.
(2)	The chief executive may declare that an emergency exists in relation to the detention place for a stated period of not more than—
(a)	3 days; or
(b)	if another period is prescribed by regulation—the period prescribed.
(3)	To remove any doubt, the chief executive may make declarations for 2 or more consecutive periods under this section in relation to the same emergency.
(4)	A declaration commences—
(a)	when it is made; or
(b)	if it provides for a later commencement—on that later commencement.
(5)	A declaration—
(a)	is a notifiable instrument; and
(b)	must be notified under the Legislation Act no later than the day after the day it is made.
1016	Emergency powers
(1)	While an emergency is declared under section 1015 in relation to a detention place, the chief executive may do 1 or more of the following:
(a)	restrict any activity at the place;
(b)	restrict access in, or to or from, the place or any part of the place; 
(c)	restrict communications between a young detainee and anyone else;
(d)	authorise a police officer or public servant to exercise any function exercisable by an authorised person under this chapter in accordance with any direction by the chief executive.
(2)	The chief executive must ensure that action taken under this section is necessary and reasonable in the circumstances.
1017	Police assistance
(1)	The chief executive may ask the chief police officer for police assistance in relation to the exercise of functions under this chapter.
(2)	The chief police officer must comply with the request.
1018	Assistance from other chief executives
(1)	The chief executive may ask another chief executive for assistance in relation to the exercise of functions under this chapter.
(2)	The chief executive must comply with the request.

Part 10.3	Inspection at detention places
1019	Inspections by judicial officers, Assembly members etc
(1)	This section applies to each of the following:
(a)	a judge;
(b)	a magistrate;
(c)	a member of the Legislative Assembly;
(d)	the human rights commissioner;
(e)	the ombudsman.
Note	Official visitors must inspect detention places (see s 116).
(2)	A person mentioned in subsection (1) may, at any reasonable time, enter and inspect—
(a)	a detention place; or
(b)	a place outside a detention place where a detainee is, or has been, directed to work or participate in an activity.
Example of time that would not be reasonable 
a time that would hinder a search at a detention place
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).

Part 10.4	Admission to detention places
1020	Meaning of admission—pt 10.4
In this part:
	admission, of a young detainee to a detention place, means admission of the young detainee to the place for detention.
1021	Authority for detention
(1)	A young detainee must not be admitted to, or detained at, a detention place unless the detention is authorised by a warrant or other authority (however described), under a territory law or a law of the Commonwealth or a State.
Note	State includes the Northern Territory (see Legislation Act, dict, pt 1).
(2)	Before a young detainee is admitted to a detention place, the chief executive must be given the warrant or other authority for the detention.
(3)	The validity of a young detainee’s detention at a detention place is not affected by a defect or irregularity in or in relation to the warrant or the evidence of other authority for the detention.
1022	Detention—notifying people with responsibility for young detainees
(1)	The chief executive must take reasonable steps to tell someone who has responsibility for day-to-day matters, or long-term matters, for a young detainee about—
(a)	the young detainee’s admission to a detention place; and
(b)	if the young detainee is required to appear before a court or tribunal—the time and place of each appearance.
(2)	If the chief executive and someone else share responsibility for day‑to-day matters, or long-term matters, for the young detainee, the chief executive must act under subsection (1) in relation to the other person.
1023	Identification of young detainees
(1)	For the identification of a young detainee admitted to a detention place, the chief executive may direct that all or any of the following be taken of or from the young detainee:
(a)	prints of the young detainee’s hands or fingers;
(b)	a photograph or video recording;
(c)	a buccal swab or saliva sample;
(d)	anything else prescribed by regulation.
(2)	Anything taken from a young detainee under subsection (1) must be destroyed if—
(a)	the young detainee is found not guilty of any offence to which the detention relates, other than on the ground of unsoundness of mind; or
(b)	a proceeding for any offence to which the detention relates is discontinued or dismissed.
(3)	However, subsection (2) does not apply if, for any part of the period of detention for an offence, the young detainee was also being detained for another offence—
(a)	of which the young detainee has been convicted; or
(b)	for which a proceeding (including any appeal proceeding) is still pending.
Note	The Crimes (Forensic Procedures) Act 2000 includes provision for carrying out forensic procedures on people in custody.  See particularly pt 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders).
1024	Information—entitlements and obligations
(1)	As soon as practicable after a young detainee is admitted to a detention place, the chief executive must take reasonable steps to explain the following to the young detainee:
(a)	the young detainee’s entitlements and obligations under this Act;
(b)	the case management plan arrangements; 
(c)	the role of official visitors; 
(d)	the procedures for seeking information and making complaints to official visitors;
(e)	which areas of the detention place are prohibited areas;
Note	Prohibited areas are declared under s 1014.
(f)	anything else the chief executive considers necessary or desirable.
Examples—par (f)
1	youth detention policies and operating procedures relevant to the young detainee
2	the scope and effect of the chief executive’s directions
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).
(2)	The explanation under subsection (1)—
(a)	may be in general terms; and
(b)	as far as practicable, must be in language the young detainee can readily understand.
1025	Initial assessment
The chief executive must ensure that—
(a)	each young detainee admitted to a detention place is assessed as soon as practicable to identify any immediate—
(i)	physical or mental health needs or risks; and
(ii)	safety or security needs or risks; and
(b)	any needs and risks identified by the assessment are addressed.
Note	For an initial assessment, the chief executive may direct an authorised person to strip search a young detainee (see s 1210).
1026	Health assessment
(1)	The assessment (the health assessment) under section 1025 of a young detainee’s physical and mental health needs and risks must be made within 24 hours after the young detainee’s admission to a detention place.
(2)	The health assessment must—
(a)	be made by a doctor or nurse who is not an authorised doctor or authorised nurse in relation to the young detainee; and
(b)	include an assessment (the self-harm assessment) of the young detainee’s risk of self-harm.
(3)	However, the self-harm assessment may be made by a health professional other than the doctor or nurse.
Note	The Mental Health (Treatment and Care) Act 1994 also includes provision for assessment orders, and emergency detention and care, under that Act.
(4)	In this section:
	authorised doctor—see section 1200.
	authorised nurse—see section 1200.
1027	Security classification
The chief executive may arrange a security classification for a young detainee on or after the young detainee’s admission to a detention place.
1028	Case management plan
The chief executive must arrange for a case management plan to be prepared for a young detainee as soon as practicable after the young detainee’s admission to a detention place.
Note	The scope of case management plans is set out in s 1050.
1029	Entries in register of young detainees
The chief executive must ensure that details of each young detainee admitted to a detention place are entered in the register of young detainees on the young detainee’s admission to the detention place.
Note	The chief executive must keep a register of young detainees at a detention place (see s 1047).
1030	Telephone call on admission
A young detainee is entitled to make 1 telephone call on admission to a detention place.
1031	Requirements and considerations about placement of young detainees
(1)	In placing a young detainee, the chief executive must ensure that—
(a)	young remandees are segregated from other young detainees; and
(b)	male young detainees are segregated from female young detainees; and
(c)	a young detainee is not placed with an adult.
(2)	When deciding where to place a young detainee, the chief executive must consider the following:
(a)	the needs and special requirements of the young detainee because of the young detainee’s age, sex, emotional or psychological state, physical health or any other matter;
(b)	if it is proposed that a young detainee be isolated in detention, whether the isolation is in the best interests of the young detainee;
(c)	the desirability of the care provided to a young detainee being suited to the particular needs of the young detainee in order to protect the young detainee’s physical and emotional wellbeing;
(d)	the desirability of young detainees being separated from co‑offenders.

Part 10.5	Living conditions at detention places
Note to pt 10.5
Anything expressed in this part to be an entitlement for ch 12 (Criminal matters—discipline at detention places) is not affected by anything that happens under that chapter.
1032	Food and drink
(1)	The chief executive must ensure that—
(a)	sufficient nutritional food and drink are provided for young detainees to avoid hunger and poor nourishment; and
(b)	meals are provided for young detainees at times consistent with the cultural norms of Australia; and
(c)	clean drinking water is provided to meet the needs of young detainees.
(2)	The chief executive must also ensure, as far as practicable, that allowance is made for the religious, spiritual and cultural needs of young detainees in relation to the provision of food and drink. 
(3)	If a doctor prescribes a particular diet for a young detainee, the chief executive must ensure that reasonable steps are taken to provide the young detainee with that diet. 
(4)	Without limiting section 1010 (Youth detention policies and operating procedures), a detention policy or operating procedure may include provision for any of the following: 
(a)	the nutritional standards to be met by food and drink for young detainees;
(b)	the provision of nutritional advice about food and drink provided to young detainees;
(c)	the appointment of a nutritionist. 
(5)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to food and drink.
1033	Clothing
(1)	The chief executive must ensure that—
(a)	sufficient suitable clothing is provided for young detainees; and
(b)	any particular clothing, including a uniform, issued to young detainees is not likely to degrade or humiliate young detainees.
(2)	The chief executive must also ensure, as far as practicable, that clothing provided for young detainees is clean and hygienic. 
(3)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to clothing.
1034	Personal hygiene
(1)	The chief executive must ensure that—
(a)	toilet facilities and washing or showering facilities are available to young detainees; and 
(b)	the facilities are clean, hygienic and private enough to ensure the dignity and self-respect of young detainees. 
(2)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to personal hygiene.
1035	Sleeping areas
(1)	The chief executive must ensure that—
(a)	young detainees have sleeping places, with beds and bedding, suitable for reasonable privacy and comfort; and
(b)	sleeping places, including beds and bedding, are clean and hygienic.
(2)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to sleeping areas.
1036	Access to open air and exercise
(1)	The chief executive must ensure, as far as practicable, that young detainees—
(a)	have access to the open air for at least 2 hours each day; and
(b)	can exercise for at least 2 hours each day.
(2)	The standards under subsection (1) may both be satisfied during the same hour on any day. 
(3)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to access to the open air and exercise.
1037	Telephone calls
(1)	The chief executive must ensure that each detention place has telephone facilities for young detainees to make and receive telephone calls.
(2)	A young detainee may make at least—
(a)	1 telephone call each week to a significant person; and
(b)	1 telephone call each week to an accredited person.
Note 1	A young person may also make 1 telephone call on admission to a detention place (see s 1030).
Note 2	Accredited person and significant person are defined in s 1001.
(3)	A young detainee may also make and receive further telephone calls for necessary contact with a significant person, accredited person, friend or associate.
(4)	For chapter 12 (Criminal matters—discipline at detention places), subsections (2) and (3) are taken to provide entitlements for each young detainee in relation to telephone calls.
(5)	However, the chief executive may give directions denying or limiting the use of a telephone by a young detainee for a call mentioned in subsection (2) or (3) if the chief executive suspects, on reasonable grounds, that the call may—
(a)	undermine security or good order at a detention place; or
(b)	revictimise a victim; or
(c)	circumvent any process for investigating complaints or reviewing decisions under this Act; or
(d)	cause community distress.
(6)	Also, subsection (2) and (3) are subject to—
(a)	section 1059 (Monitoring telephone calls etc); and
(b)	any operating procedure mentioned in subsection (7).
(7)	An operating procedure may include provision regulating the following in relation to young detainees’ telephone calls:
(a)	the times for making or receiving calls;
(b)	the frequency and length of calls;
(c)	payment for the cost of calls made.
1038	Mail
(1)	The chief executive must ensure, as far as practicable, that young detainees can send and receive as much mail as they wish.
(2)	A young detainee may send mail to, and receive mail from—
(a)	a significant person nominated by the young detainee by written notice given to the chief executive; and
(b)	an accredited person.
Note	Accredited person and significant person are defined in s 1001.
(3)	For chapter 11 (Criminal matters—search and seizure at detention places), subsection (2) is taken to provide entitlements for each young detainee in relation to mail.
(4)	However, the chief executive may give directions denying or limiting the sending or receiving of mail by a young detainee if the chief executive suspects, on reasonable grounds, that the mail may—
(a)	undermine security or good order at a detention place; or
(b)	revictimise a victim; or
(c)	circumvent any process for investigating complaints or reviewing decisions under this Act; or
(d)	cause community distress.
(5)	Also, subsection (1) and (2) are subject to—
(a)	section 1060 (Monitoring mail); and
(b)	any operating procedure mentioned in subsection (6).
(6)	An operating procedure may include provision regulating the following in relation to young detainees’ mail:
(a)	the way mail is sent or received;
(b)	the provision of writing and other material for sending mail.
1039	News and education
(1)	The chief executive must ensure, as far as practicable, that young detainees have reasonable access to—
(a)	newspapers, radio and television broadcasts and other mass media (including the internet) for news and information; and
(b)	a library or library service.
(2)	The chief executive may, as part of a young detainee’s case management plan, approve a young detainee participating in academic, vocational or cultural education or training if satisfied it would benefit the young detainee in any of the following ways:
(a)	by providing the young detainee with suitable vocational skills;
(b)	by promoting the young detainee’s rehabilitation or reintegration into society;
(c)	by contributing satisfactorily to the young detainee’s personal development.
(3)	For chapter 12 (Criminal matters—discipline at detention places), participation in education or training approved under subsection (2) is taken to be an entitlement for the young detainee in relation to news and education.
1040	Visits by family members etc
(1)	The chief executive must ensure that each detention place has suitable facilities for young detainees to receive visits from family members and other people.
Example of non-family member visitor
a person, other than a family member, who is a long-term friend or a friend who normally lives with the young detainee
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).
(2)	One significant person may visit a young detainee for at least 1 hour each week.
Note	Significant person—see s 1001.  A young detainee has a right to reasonable opportunities to receive visits from significant people (see s 1001 (1) (g)).
(3)	For chapter 12 (Discipline at detention places), subsection (2) is taken to provide an entitlement for each young detainee in relation to visits by family members.
(4)	However, the chief executive may give directions denying or limiting a visit mentioned in subsection (1) if the chief suspects, on reasonable grounds, that the visit may—
(a)	undermine security or good order at a detention place; or
(b)	revictimise a victim; or
(c)	circumvent any process for investigating complaints or reviewing decisions under this Act; or
(d)	cause community distress.
(5)	Also, this section is subject to division 10.6.5 (Access to detention places).
1041	Visits by accredited people
(1)	An accredited person may visit a young detainee.
Note	Accredited person—see s 1001.
(2)	For chapter 12 (Criminal matters—discipline at detention places), subsection (1) is taken to provide an entitlement for each young detainee in relation to visits by an accredited person.
(3)	However, the chief executive may give directions denying or limiting a visit to a young detainee by an accredited person if the chief executive suspects, on reasonable grounds, that the visit may—
(a)	undermine security or good order at a detention place; or
(b)	revictimise a victim; or
(c)	circumvent any process for investigating complaints or reviewing decisions under this Act; or
(d)	cause community distress.
(4)	Also, this section is subject to division 10.6.5 (Access to detention places).
1042	Health care
(1)	The chief executive must ensure, as far as practicable, that—
(a)	young detainees retain a standard of health care equivalent to that available to other children and young people in the ACT; and
(b)	arrangements are made to ensure the provision of appropriate health services for young detainees; and
(c)	conditions in detention promote the health and wellbeing of young detainees; and
(d)	young detainees are not exposed to risks of infection.
Note	The chief executive may direct that a young detainee be transferred to a health facility (see s 911).
(2)	In particular, the chief executive must ensure, as far as practicable, that young detainees have access to—
(a)	regular health checks; and
(b)	timely treatment where necessary, particularly in urgent circumstances; and
(c)	specialist health services from health professionals; and
(d)	hospital care where necessary; and
(e)	necessary health care programs, including rehabilitation programs.
Note	The chief executive may also ask for a health report about a young detainee (see s 1048).
(3)	A regulation may make provision in relation to health services for young detainees, including provision about the following:
(a)	the appointment of health professionals for this Act;
(b)	the provision of health service clinics for young detainees;
(c)	appointments for young detainees with health professionals;
(d)	rehabilitation for young detainees who suffer personal injury arising out of or in the course of their detention;
(e)	security arrangements for young detainees visiting health professionals or health facilities, particularly outside detention places.
(4)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to health care.
1043	Chief executive’s consent to medical treatment for young detainees
(1)	This section applies if—
(a)	a young detainee is a child or young person; and
(b)	the young detainee needs medical treatment that requires the consent of a person who has responsibility for day-to-day matters, long-term matters or health care treatment for the young detainee; and
(c)	the chief executive does not have responsibility for health care treatment for the young detainee; and
(d)	despite reasonable inquiries, the chief executive is unable to locate a person who has responsibility for health care treatment for the young detainee.
(2)	The chief executive may consent to medical treatment for the young detainee if delaying the treatment until a person who has responsibility for health care treatment for the young detainee can be located would be detrimental to the young detainee’s health.
1044	Notifying person with parental responsibility about injury etc
(1)	The chief executive must take reasonable steps to tell a person who has responsibility for day-to-day matters, long-term matters or health care treatment for a young detainee about any condition of the young detainee that requires—
(a)	clinical care for not less than 48 hours; or
(b)	the young detainee’s transfer under section 911 (Transfers to health facilities); or
(c)	anything else prescribed by regulation.
(2)	If the chief executive and another person share responsibility for day-to-day matters, long-term matters or health care treatment for the young detainee, the chief executive must act under subsection (1) in relation to the other person.
1045	Religious observance etc
(1)	The chief executive must ensure, as far as practicable, that provision is made at detention places for young detainees to be able to observe the requirements of their religion.
Example of requirements of religion
observances and practices relating to religious or spiritual beliefs, including indigenous spiritual beliefs
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).
(2)	In particular, the chief executive must ensure, as far as practicable, that young detainees have reasonable access to—
(a)	ministers of religion whom young detainees wish to see for religious instruction or guidance; and
(b)	religious services at the detention place; and
(c)	religious books and other articles for practising their religion.
(3)	However, the chief executive may give directions denying or limiting a young detainee’s access under subsection (1) or (2) if the chief executive believes, on reasonable grounds, that it may—
(a)	undermine security or good order at a detention place; or
(b)	revictimise a victim; or
(c)	circumvent any process for investigating complaints or reviewing decisions under this Act; or
(d)	 cause community distress.
(4)	A young detainee must not be required to receive a visit from a minister of religion, or attend a religious service, if the young detainee does not wish to be visited, or to attend the service.
(5)	For chapter 12 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to religious observance.
(6)	In this section:
	minister of religion means—
(a)	a person registered under the Marriage Act 1961 (Cwlth), part 4, division 1 (Authorised celebrants); or
(b)	a person prescribed by regulation.

Part 10.6	Management and security
Division 10.6.1	Management and security—general
1046	Compliance with chief executive’s directions
A young detainee must comply with any direction given under this Act to the young detainee by the chief executive.
1047	Register of young detainees
(1)	The chief executive must keep a register containing details of each young detainee at a detention place.
(2)	The register must include the following details in relation to each young detainee:
(a)	full name, including any assumed name;
(b)	age and date of birth;
(c)	sex;
Note	For transgender and intersex young detainees, see s 1051.
(d)	authority for detention;
(e)	period of authorised detention;
(f)	for a young detainee under a sentence of committal—details of—
(i)	the sentence, including any combination sentence; and
(ii)	any remission in relation to the sentence;
(g)	security classification (if any);
(h)	case management plan;
(i)	details of any known condition of the young detainee that requires, or is likely to require, a health service;
(j)	details of anything taken from the young detainee under section 1023 (Identification of young detainees);
(k)	details of any medicine approved by the chief executive under section 1049 for use by the detainee;
(l)	details of property the young detainee has at the detention place;
(m)	details of people who have responsibility for day-to-day matters, or long-term matters, for the young detainee and details of notifications under this Act of those people;
(n)	anything else the chief executive considers necessary or prudent for the proper management of the young detainee.
Examples of other things chief executive may consider necessary or prudent for proper management of young detainee
1	young detainee’s nutritional or health needs
2	young detainee’s need for spectacles, contact lens, crutches, prosthesis or other artificial aids
3	young detainee’s language or literacy difficulties
4	any cultural background or religious affiliation identified by the young detainee
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).
1048	Health reports
(1)	For this Act, the chief executive may ask a relevant chief executive for a written report about a young detainee’s health.
(2)	The relevant chief executive must comply with the request as soon as practicable.
(3)	The relevant chief executive’s report must include personal health information about the young detainee that is in a health record—
(a)	in the relevant chief executive’s custody; or
(b)	to which the relevant chief executive has access through any arrangement with another chief executive.
(4)	In this section:
	health record—see the Health Records (Privacy and Access) Act 1997, dictionary. 
	personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary. 
	relevant chief executive means a chief executive whose administrative unit is responsible for any provision of the following Acts:
(a)	the Disability Services Act 1991;
(b)	the Health Act 1993;
(c)	the Mental Health (Treatment and Care) Act 1994.
Note	Compliance with a request under this section does not involve a contravention of a privacy principle under the Health Records (Privacy and Access) Act 1997 (see that Act, s 5).
1049	Use of medicines
(1)	The chief executive may approve the use of a medicine, other than a prescription medicine, by a young detainee.
Note	The taking of an unauthorised medicine by a young detainee is a disciplinary breach (see s 1302).
(2)	If the chief executive approves the use of a medicine by a young detainee, the chief executive must ensure that the details of the approval, and the reasons for it, are recorded in relation to the young detainee in the register kept under section 1047.
(3)	In this section:
	prescription medicine—see the Medicines and Poisons Act 2007, section 13.
1050	Case management plans—scope etc
(1)	The chief executive—
(a)	must maintain an individual case management plan for each young detainee other than a young remandee; and
(b)	may maintain an individual case management plan for a young detainee who is a young remandee.
(2)	A case management plan for a young detainee must—
(a)	outline work and activities for the young detainee; and
(b)	be based on an assessment of the needs, capacities and disposition of the young detainee; and
(c)	be consistent with the resources available to the chief executive to manage the young detainee; and
(d)	if the young detainee is a young offender—outline how the young detainee is to be prepared for lawful release and reintegration into society at the earliest possible time.
(3)	A case management plan may deal with any matter relating to a young detainee, including the following:
(a)	provision for the safe, secure and humane treatment of the young detainee;
(b)	an outline of how the young detainee can make constructive use of the time in detention, including participation in work and activities;
(c)	provision for access to health services;
(d)	for a young detainee at risk of self-harm—strategies to minimise the risk; 
(e)	for a young detainee with a physical, mental or educational disability—strategies for extra assistance to minimise any disadvantage suffered by the young detainee because of the disability, particularly in relation to suitability for work and release from detention; 
(f)	for a young detainee serving a sentence of commitment—requirements for the young detainee to be told the young detainee’s release date under the sentence;
(g)	anything else prescribed by regulation or directed by the chief executive.
1051	Transgender and intersex young detainees—sexual identity
(1)	This section applies to a transgender or intersex young detainee.
(2)	For this Act, the sex of the young detainee is taken to be—
(a)	the sex chosen under subsection (3); or
(b)	if subsection (4) applies—the sex chosen with approval under subsection (4).
(3)	On admission to a detention place—
(a)	the young detainee may tell the chief executive the sex the young detainee chooses to be identified with; or
(b)	if the young detainee fails to make a choice under paragraph (a)—the chief executive may choose the sex the young detainee is to be identified with having regard to the presentation of the young detainee on admission to the place.
Note	Fail includes refuse, see the Legislation Act, dict, pt 1.
(4)	The chief executive may, on application by the young detainee, approve a change in the sex the young detainee chooses to be identified with, having regard to any report obtained under subsection (5).
(5)	Before making a decision under subsection (3) or (4), the chief executive may obtain a report by a doctor or other health professional about the young detainee’s sexual identity.
(6)	The chief executive must—
(a)	give the young detainee written notice of a decision by the chief executive under subsection (3) or (4); and
(b)	must ensure that the young detainee’s sex chosen under this section is entered in the register of young detainees.
Examples of effect of this section
The conduct of searches of the young detainee, and the allocation of accommodation and hygiene facilities for the young detainee, would be on the basis that the young detainee was a person of the chosen sex.
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).
1052	Security classification—basis etc
(1)	The chief executive may—
(a)	give a young detainee a security classification; and 
(b)	review the classification at any time.
(2)	When deciding a young detainee’s security classification, the chief executive must consider the following:
(a)	the reason for the detention, including the nature of any offence for which the young detainee is detained;
(b)	the risks posed by the young detainee if the young detainee were to escape;
(c)	the risk of the young detainee escaping;
(d)	the risks posed by the young detainee while at a detention place;
(e)	the risks to the young detainee of being accommodated with particular young detainees or in particular areas at a detention place;
(f)	any matter prescribed by regulation.
(3)	The chief executive may also consider anything else the chief executive considers relevant.
(4)	The security measures to which a young detainee is subject under a security classification must be the minimum necessary to ensure secure detention of the young detainee.
1053	Property of young detainees
(1)	The chief executive may allow a young detainee’s property to be brought into a detention place.
(2)	However, the chief executive may give directions imposing conditions in relation to the young detainee’s property brought into a detention place, including conditions in relation to—
(a)	the nature, amount and location of property that may be held by a young detainee at the place; and
(b)	the use of the property.
(3)	The chief executive must ensure that the register of young detainees includes details of the property each young detainee has at a detention place.
(4)	A youth detention policy may make provision in relation to young detainee’s property, including provision in relation to the following:
(a)	storage of the property;
(b)	access to, and use of, the property;
(c)	transfer of the property;
(d)	compensation for loss of, or damage to, the property;
(e)	return of the property to the young detainee.
(5)	In this section:
	young detainee’s property does not include a prohibited thing.
Note	Pt 11.9 (Seizing property) provides generally for the seizure, forfeiture and return of property.
1054	Trust accounts of young detainees
(1)	The chief executive must ensure that money belonging to a young detainee is held for the detainee in a trust account.
(2)	The chief executive may deduct amounts from a young detainee’s trust account for payment of any fine or reparation that must be paid as disciplinary action against the young detainee.
(3)	A regulation may make provision in relation to the operation or maintenance of trust accounts.
(4)	In this section:
	disciplinary action—see section 1328.

Division 10.6.2	Monitoring
1055	Disapplication of Listening Devices Act
The Listening Devices Act 1992 does not apply in relation to anything done at a detention place.
1056	Monitoring—general considerations
In exercising a function under this division, the chief executive must ensure, as far as practicable, that the following are balanced appropriately:
(a)	the need to protect the safety of young detainees, authorised people, other people who work at or visit detention places, and the community;
(b)	the need for security and good order at detention places;
(c)	the benefits of young detainees maintaining contact with the community outside detention places;
(d)	the need to protect the privacy of young detainees;
(e)	the need to detect prohibited things entering, at, or leaving detention places.
1057	Notice of monitoring
The chief executive must take reasonable steps to ensure that each person who enters a detention place is aware that the person may be monitored, by people and electronically, and that the person’s actions and voice may be recorded.
1058	Monitoring at detention places
The chief executive may arrange for any part of a detention place to be monitored for any activity, including the movement of anyone at the place.
Examples of monitoring
direct viewing, closed-circuit television coverage and the use of other devices for detecting movement
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).
1059	Monitoring telephone calls etc
(1)	The chief executive may monitor and record an electronic communication with a young detainee, other than a protected electronic communication.
(2)	The chief executive must take reasonable steps to tell the parties to an electronic communication, other than a protected electronic communication, that the communication might be monitored or recorded.
(3)	If an electronic communication reveals information about the commission of an offence, the chief executive must give the information to the chief police officer.
(4)	In this section:
	electronic communication means communication by—
(a)	telephone, email or fax; or
(b)	any other electronic means.
	protected electronic communication means an electronic communication between a young detainee and any of the following:
(a)	a lawyer representing the young detainee;
(b)	an official visitor;
(c)	the human rights commissioner;
(d)	the public advocate;
(e)	the ombudsman;
(f)	a person prescribed by regulation.
1060	Monitoring mail
(1)	The chief executive may open and search a young detainee’s mail, other than protected mail.
(2)	The chief executive may open and search a young detainee’s protected mail in the young detainee’s presence if the chief executive suspects, on reasonable grounds, that the mail contains—
(a)	something that may physically harm the addressee; or
(b)	a prohibited thing.
(3)	However, the chief executive must not read a young detainee’s protected mail without the young detainee’s written consent.
(4)	Subject to section 1236 (Seizing mail etc), a young detainee’s mail, once searched, must be delivered to the addressee as soon as practicable.
(5)	If a search of a young detainee’s mail reveals information about, or evidence of the commission of an offence, the chief executive must give the information to the chief police officer.
(6)	In this section:
	protected mail means mail between a young detainee and any of the following:
(a)	a lawyer representing the young detainee;
(b)	an official visitor;
(c)	the human rights commissioner;
(d)	the public advocate;
(e)	the ombudsman;
(f)	a person prescribed by regulation.
	search includes search—
(a)	with any device using electronic or other technology; and
(b)	by physical means.
Division 10.6.3	Segregation
1061	Definitions—div 10.6.3
In this division:
	adjudicator means a person appointed as an adjudicator under section 1320.
	health segregation direction means a segregation direction given under section 1065.
	segregation, of a young detainee—
(a)	means the restriction or denial of the young detainee’s opportunity—
(i)	to go into, or be in, a particular part of a detention place; or
(ii)	to associate with other young detainees; and
(b)	includes separate confinement.
	segregation direction means a direction under section 1063 (Segregation—safety and security), section 1064 (Segregation—protective custody) or section 1065 (Segregation—health etc) that a young detainee be segregated.
1062	Purpose of segregation under div 10.6.3
To remove any doubt, segregation under this division must not be used for punishment or disciplinary purposes.
1063	Segregation—safety and security
(1)	The chief executive may direct that a young detainee be segregated from other young detainees if the chief executive believes, on reasonable grounds, that the segregation is necessary or prudent to protect—
(a)	the safety of anyone else at a detention place; or
(b)	security or good order at a detention place.
(2)	When making a direction under this section, the chief executive must also have regard, as far as practicable, to any relevant cultural consideration and the likely impact of segregation on the health or wellbeing of the young detainee.
(3)	The chief executive must give the young detainee prompt notice of the direction, why it was given, when it takes effect and the provisions for its duration and review under this division.
(4)	The chief executive must revoke the direction if the chief executive believes, on reasonable grounds, that the protection mentioned in subsection (1) is no longer necessary or prudent.
1064	Segregation—protective custody
(1)	The chief executive may direct that a young detainee be segregated from other young detainees if the chief executive believes, on reasonable grounds, that the segregation is necessary or prudent to protect the young detainee’s safety.
(2)	The chief executive may give the direction at any time, on the chief executive’s own initiative or on request by the young detainee.
(3)	The chief executive must give the young detainee prompt notice of the direction, why it was given, when it takes effect and the provisions for its duration and review under this division.
(4)	The chief executive must revoke the direction if the chief executive believes, on reasonable grounds, that the protection mentioned in subsection (1) is no longer necessary or prudent.
1065	Segregation—health etc
(1)	The chief executive may direct that a young detainee be segregated from other young detainees if the chief executive believes, on reasonable grounds, that the segregation is necessary or prudent—
(a)	to assess the young detainee’s physical or mental health; or
(b)	to protect anyone (including the young detainee) from harm because of the young detainee’s physical or mental health; or
(c)	to prevent the spread of disease.
(2)	The chief executive must give the young detainee prompt notice of the direction, why it was given, when it takes effect and the provisions for its duration and review under this part.
(3)	The chief executive must revoke the direction if the chief executive believes, on reasonable grounds, that the purpose mentioned in subsection (1) for making the direction is no longer necessary or prudent.
(4)	When acting under subsection (1) or subsection (3), the chief executive must have regard to any advice by a doctor given in relation to the segregation of the young detainee.
1066	Notice of segregation directions
(1)	If the chief executive gives a segregation direction, the chief executive must prepare a notice—
(a)	stating the direction; and
(b)	explaining why the direction was given; and
(c)	stating when the direction takes effect; and
(d)	stating how long the direction lasts; and
(e)	explaining that the direction may be reviewed or revoked under this division.
(2)	A notice under subsection (1) must be promptly given to—
(a)	the young detainee; and
(b)	a parent or someone who has responsibility for day-to-day matters, or long-term matters, for the young detainee; and
(c)	the public advocate.
1067	Review of segregation directions
(1)	The chief executive—
(a)	may review a segregation direction (the original segregation direction) at any time, on the chief executive’s own initiative or on request by the young detainee; and
(b)	must review the direction before any transfer of the young detainee to another ACT detention place; and
(c)	must review the direction at least once every 21 days while it remains in force; and
(d)	for a health segregation direction—must review the direction on request by a doctor.
(2)	After reviewing the original segregation direction, the chief executive may—
(a)	confirm the direction; or
(b)	make a further segregation direction under the same provision that the original segregation direction was made under if the grounds for making the direction exist; or
(c)	revoke the original segregation direction under section 1063 (4), section 1064 (4) or section 1065 (3).
(3)	When acting under subsection (2) in relation to a health segregation direction, the chief executive must have regard to any advice by a doctor given in relation to the segregation.
(4)	To remove any doubt, the chief executive may make more than 1 further segregation direction after a review.
1068	End of segregation directions
Unless revoked sooner, a segregation direction ends at the end of—
(a)	28 days after the day it is given; or
(b)	if a further segregation direction has been given after review under section 1067—90 days after the day the further segregation direction, or latest further segregation direction, is given.
1069	Segregation not to affect minimum living conditions
(1)	The segregation of a young detainee under this part is not to affect the standards applying to the young detainee under section 1005 (Detention places—minimum living conditions).
(2)	However, subsection (1) does not prevent the application of the standards in a way that is necessary and reasonable for the purpose of the segregation.
1070	Application for review of segregation directions
(1)	A young detainee may apply to an adjudicator for a review of a segregation direction.
(2)	The application must be made not later than 7 days after the day the chief executive gives the young detainee notice of the segregation direction.
Note	If a form is approved under s 3210 for an application, the form must be used.
(3)	Subject to any decision by the adjudicator under section 1071, the application does not affect the segregation of the young detainee under the segregation direction under review.
1071	Review of segregation directions
(1)	On application by a young detainee under section 1070 in relation to a segregation direction (the original segregation direction), an adjudicator may—
(a)	conduct an inquiry (the segregation inquiry) to review the direction; or
(b)	refuse to review the direction.
(2)	Chapter 13 (Conduct of disciplinary inquiries) applies to the segregation inquiry, with any necessary changes, as if it were an inquiry under that chapter.
(3)	After completing a segregation inquiry, the adjudicator may—
(a)	confirm the original segregation direction; or
(b)	give any segregation direction the chief executive may give under the section the original segregation direction was made under, either by—
(i)	amending the original segregation direction; or
(ii)	setting aside the original segregation direction and substituting a new segregation direction.
1072	Notice of decision about segregation direction
(1)	This section applies if an adjudicator has made a decision under section 1071 in relation to an application by a young detainee to review a segregation direction.
(2)	The adjudicator must give prompt written notice of the adjudicator’s decision to—
(a)	the young detainee; and
(b)	a parent or someone else who has responsibility for day-to-day matters, or long-term matters, for the young detainee.
(3)	If the adjudicator refuses to review the segregation direction, the notice must include the reasons for the refusal.
Note	Under the Administrative Decisions (Judicial Review) Act 1989, a person aggrieved by an administrative decision made under an enactment may apply to the Supreme Court for a review of the decision.  Subject to any order of the court, the making of the application does affect the operation of the decision or prevent its implementation (see s 16).
1073	Other separation of young detainees
A youth detention policy or operating procedure may make provision in relation to the management of young detainees, including provision in relation to the separation of young detainees for—
(a)	accommodation; and
(b)	use of facilities; and
(c)	participation in education or other activities.
Division 10.6.4	Use of force
1074	Managing use of force
(1)	The chief executive must make arrangements to ensure, as far as practicable, that the use of force in relation to the management of young detainees is always—
(a)	a last resort; and
(b)	in accordance with this division.
Example
adoption of a methodology or protocol for the graduated use of force
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).
(2)	The chief executive must also ensure, as far as practicable, that—
(a)	authorised people do not use force in relation to a young detainee without first considering the following in relation to the use of force:
(i)	the young detainee’s age, sex, physical and mental health and any history of abuse;
(ii)	if the proposed force involves any restraint of the young detainee—the physical and mental capacity of the young detainee; and
(b)	the use of force in relation to a young detainee is not observed by any other young detainee.
(3)	However, an authorised person need not comply with subsection (2) if, in urgent circumstances, the person believes, on reasonable grounds, that doing so would create a risk of injury to the officer, the young detainee or anyone else.
(4)	To remove any doubt, the chief executive must also make arrangements to ensure that a young detainee receives any appropriate health assessment or treatment necessary because of the use of force in relation to the young detainee.
1075	Authority to use force
An authorised person may use force that is necessary and reasonable for any of the following:
(a)	to compel compliance with a direction given in relation to a young detainee by the chief executive;
(b)	to prevent or stop the commission of an offence;
(c)	to prevent unlawful damage, destruction or interference with property;
(d)	to defend the person or someone else;
(e)	to prevent a young detainee from inflicting self-harm;
(f)	anything else prescribed by regulation.
1076	Application of force
(1)	An authorised person may use force under section 1075 only if the person—
(a)	believes, on reasonable grounds, that the purpose for which force may be used cannot be achieved in another way; and
(b)	gives a clear warning of the intended use of force; and
(c)	allows enough time for the warning to be observed; and
(d)	uses force, as far as practicable, in a way that reduces the risk of causing death or grievous bodily harm.
(2)	However, the authorised person need not comply with subsection (1) (b) or (c) if, in urgent circumstances, the person believes, on reasonable grounds, that doing so would create a risk of injury to the person, the young detainee or anyone else.
Example of urgent circumstances
the young detainee is assaulting someone or engaging in self-harm
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)	In applying force under section 1075, the authorised person may use either body contact or a restraining device.

Division 10.6.5	Access to detention places
1077	Visiting conditions
(1)	The chief executive may declare conditions that apply in relation to visits to a detention place.
Examples of conditions declared
1	the times and duration of visits
2	the number of visitors allowed
3	the circumstances in which visitors may be monitored
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).
(2)	A declaration is a disallowable instrument.
Note 1	The power to make an instrument includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48.)
Note 2	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
1078	Notice of visiting conditions
(1)	The chief executive must take reasonable steps to bring the visiting conditions to the attention of visitors at a detention place.
(2)	Without limiting subsection (1), the chief executive must ensure that—
(a)	a notice is prominently displayed at each entrance to the place open to visitors to the effect that visiting conditions apply at the place; and
(b)	a copy of the visiting conditions is available for inspection on request by visitors at the place.
1079	Taking prohibited things etc into detention place
(1)	A person commits an offence if—
(a)	the person—
(i)	takes a prohibited thing into a detention place; or
(ii)	gives a prohibited thing to a young detainee; or
(iii)	removes a prohibited thing from a detention place; and
(b)	the person does not have the chief executive’s approval to do so.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
(2)	To remove any doubt, in this section, person is not limited to a person who is a visitor to a detention place.
(3)	In this section:
	give includes send.
	prohibited thing includes something the person intends a young detainee to use for making, or in relation to, a prohibited thing.
1080	Directions to visitors
(1)	The chief executive may, orally or in writing, give a direction to a visitor at a detention place to do, or not do, something if the chief executive believes, on reasonable grounds, that the direction is necessary and reasonable—
(a)	to ensure compliance with the visiting conditions; or
(b)	for security or good order at a detention place.
Note	The chief executive may also direct an authorised person to search a visitor (see s 1230).
(2)	A person must take all reasonable steps to comply with a direction given to the person under this section.
Maximum penalty:  50 penalty units.
(3)	An offence against this section is a strict liability offence.
1081	Directions to leave detention place etc 
(1)	The chief executive may direct a person at a detention place—
(a)	not to enter the place; or
(b)	if the person is already in the place—to leave the place.
(2)	However, the chief executive may give the direction only if satisfied that the direction is necessary and reasonable—
(a)	for security or good order at a detention place; or
(b)	to promote or safeguard the physical or mental wellbeing of a young detainee.
(3)	To remove any doubt, this section applies to a significant person for a young detainee, even if the person has been visiting the young detainee for less than an hour.
(4)	A person must take all reasonable steps to comply with a direction given to the person under subsection (1).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(5)	An offence against this section is a strict liability offence.
1082	Removing people from detention place
(1)	The chief executive may direct an authorised person to enforce a direction under section 1081 if the person given the direction contravenes the direction.
(2)	The authorised person may use force that is necessary and reasonable to enforce the direction.
Division 10.6.6	Maintenance of family relationships
1083	Application—div 10.6.6
This division applies in relation to a young detainee if—
(a)	the young detainee has a child (the young child); and
(b)	the child is under 6 years old and not enrolled in school; and
(c)	before being detained, the young detainee was the primary caregiver for the child.
1084	Definitions—div 10.6.6
In this division:
	young child—see section 1083 (a).
1085	Chief executive may allow young child to stay with young detainee
(1)	The chief executive may, by direction, allow a young detainee to whom this division applies to have contact with, or care for, the young detainee’s young child in a detention place.
(2)	However, the chief executive must not give a direction under subsection (1) unless the chief executive—
(a)	has carried out a care and protection appraisal of the young child; and
(b)	is satisfied that it is in the best interests of the young child for the young detainee to have contact with, or care for, the young child in the detention place.
(3)	The chief executive may give directions about the arrangements to apply in relation to a young child being kept with a young detainee at a detention place.
(4)	A direction under subsection (3) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 10.7	Alcohol and drug testing
Division 10.7.1	General
1086	Definitions—pt 10.7
In this part:
	drug does not include any of the following:
(a)	a drug lawfully supplied, and taken as prescribed or directed, by a health professional;
(b)	a drug lawfully supplied and self-administered;
(c)	a drug exempted under section 1087 (3).
	positive test sample—see section 1087.
	test sample means a sample of breath, saliva, urine, hair, blood, or anything else prescribed by regulation.
1087	Positive test samples
(1)	A person is taken to provide a positive test sample for alcohol or a drug if, when directed under this Act to provide a test sample—
(a)	the person fails to provide a test sample in accordance with the direction; or
Note	Fail includes refuse, see the Legislation Act, dict, pt 1.
(b)	the person provides an invalid test sample; or
(c)	for a young detainee—the young detainee provides a test sample that shows that the young detainee has taken alcohol or a drug.
(2)	However, subsection (1) (a) does not apply if the person has a reasonable excuse for failing to provide the test sample within a reasonable time of the direction being given.
Examples of reasonable excuse
1	a medical condition that prevents the person from providing a test sample as directed
2	prescribed medication that may affect test results
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 chief executive may exempt a drug from the application of this part.
(4)	An exemption is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
(5)	In this section:
	invalid—a test sample provided by a person is invalid if—
(a)	the person tampers, or attempts to tamper, with the test sample; or
(b)	the person otherwise changes, or attempts to change, the results of the test sample.
Division 10.7.2	Alcohol and drug testing—detainees
1088	Alcohol and drug testing of young detainees
(1)	The chief executive may direct a young detainee to provide a stated kind of test sample.
(2)	The chief executive, a doctor or a nurse may give a young detainee a direction about the way the young detainee must provide the test sample.
(3)	However—
(a)	a direction under this section must be consistent with any requirement prescribed by an operating procedure for this section; and
(b)	only a doctor or nurse may take a blood sample.
(4)	A doctor or nurse who takes a test sample from a young detainee must give the sample to an authorised person.
(5)	The chief executive must, as soon as practicable after the chief executive receives the results of any test conducted on the test sample, give notice of the results to—
(a)	the young detainee; and
(b)	a person who has responsibility for day-to-day matters, long‑term matters or health care treatment, for the young detainee.
1089	Effect of positive test sample by young detainee
(1)	This section applies if—
(a)	a young detainee is directed under this Act to provide a test sample; and
(b)	the test sample provided by the young detainee is positive.
(2)	The chief executive may have regard to the positive test sample in making any decision in relation to the management of the young detainee under this Act.
Examples of decisions—s (2)
1	decisions under s 1050 (Case management plans—scope etc) or s 1052 (Security classification—basis etc)
2	decisions under ch 12 (Criminal matters—discipline at detention places)
Note 1	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).
Note 2	The taking of alcohol or a drug (in any way) into the body is a disciplinary breach (see s 1302).  The results of the analysis of a substance under this Act, signed by an analyst, is evidence of the facts stated in the certificate (see s 1090).
1090	Evidentiary certificates—alcohol and drug testing
(1)	A certificate that appears to be signed by or for the chief executive, and states any matter relevant to anything done or not done under this Act in relation to a detainee, is evidence of the matter.
(2)	Without limiting subsection (1), a certificate under subsection (1) may state any of the following:
(a)	that a stated person did, or did not, occupy a position under this Act;
(b)	that a stated person was, or was not, a young detainee;
(c)	that a stated instrument under this Act was, or was not, in force;
(d)	that a stated disciplinary breach by a stated young detainee was, or was not, admitted by the young detainee or found proven at an inquiry under chapter 11 (Criminal matters—search and seizure at detention places);
(e)	that a stated instrument is a copy of an instrument made, given, issued or received under this Act.
(3)	A certificate mentioned in subsection (1) or (2) may state a matter by reference to a date or period.
(4)	A certificate of the results of the analysis of a substance under this Act, signed by an analyst, is evidence of the facts stated in the certificate.
(5)	A certificate signed by or for the chief executive that states any matter prescribed by regulation for this section is evidence of the stated matter.
(6)	A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.
(7)	However, an instrument mentioned in subsection (2) (c), or certificate mentioned in subsection (4), must not be admitted in evidence by a court unless the court is satisfied that reasonable efforts have been made to serve a copy of the instrument or certificate on the person concerned.
Division 10.7.3	Alcohol and drug testing—authorised people
1091	Alcohol and drug testing of authorised people
(1)	A regulation may make provision in relation to alcohol and drug testing of authorised people whose duties bring them into contact with detainees.
(2)	In particular, a regulation may make provision in relation to any of the following:
(a)	the circumstances for testing, including when and where tests may be conducted;
(b)	the conduct of the tests.

Part 10.8	Young detainees—leave
Division 10.8.1	Local leave

1092	Chief executive may give leave of absence from detention
(1)	The chief executive may, in writing, give a leave of absence to a young detainee who has been committed to a detention place.
(2)	The chief executive may give the leave of absence for any reason the chief executive considers appropriate, including 1 or more of the following reasons:
(a)	the young detainee’s education and training;
(b)	the young detainee’s employment;
(c)	a compassionate reason;
(d)	the young detainee’s health;
(e)	the young detainee’s pregnancy;
(f)	the young detainee’s recreation;
(g)	the participation by the young detainee in a community project.
(3)	The leave of absence may be subject to any conditions the chief executive considers appropriate.
(4)	The time spent by the young detainee outside a detention place on a leave of absence is, for this Act, taken to be time spent in the detention place.
1093	Leave authority
(1)	This section applies if the chief executive gives a young detainee a leave of absence under section 1092.
(2)	The chief executive must give the young detainee a written authority (a leave authority) for the leave of absence.
Note 1	If a form is approved under s 3210 for this provision, the form must be used.
Note 2	Power given under an Act to make a statutory instrument (including a direction) includes power to amend or revoke the instrument (see Legislation Act, s 46 (1)).
(3)	The leave authority must state the following:
(a)	the purpose for which the leave is granted;
(b)	the period, not longer than 7 days, for which the leave is granted; and
(c)	any conditions to which the leave is subject.
(4)	The young detainee must carry the leave authority at all times while on the leave of absence.
1094	Contravention of condition
(1)	This section applies if—
(a)	a young detainee has been given a leave of absence under section 1092; and
(b)	the leave has been given subject to a condition; and
(c)	the young detainee contravenes a condition of the leave.
(2)	The leave of absence is, by force of this section, revoked.
(3)	If the chief executive is aware of the contravention, the chief executive must tell the chief police officer about the contravention.

Division 10.8.2	Interstate leave
Subdivision 10.8.2.1	General
1095	Definitions—div 10.8.2
In this division:
	corresponding chief executive, of a participating State, means the person responsible for the administration of detention places (however described) for detention in the participating State.
	corresponding leave law means a law of a State or another Territory declared to be a corresponding leave law under section 1096.
	escape, in relation to an interstate young detainee, includes fail to return to lawful custody at the end of the period to which the young detainee’s interstate leave permit applies.
	interstate escort officer—see section 1102.
	interstate young detainee means a person to whom an interstate leave permit under a corresponding leave law applies.
	participating State means a State or another Territory where a corresponding leave law is in force. 
1096	Declaration of corresponding leave laws
(1)	The Minister may declare that a law of a State or another Territory is a corresponding leave law.
(2)	The Minister may make the declaration only if satisfied that the law substantially corresponds to this division.
(3)	A declaration under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Subdivision 10.8.2.2	ACT permits for interstate leave
1097	Interstate leave permits
(1)	The chief executive may, by written notice (an interstate leave permit) given to a young detainee, give the young detainee leave to travel to and from, and remain in, a participating State.
(2)	An interstate leave permit must state the following:
(a)	the State or Territory to which the permit applies;
(b)	the purpose for which the leave is granted;
(c)	the period, not longer than 7 days, for which the leave is granted.
Note 1	If a form is approved under s 3210 for this provision, the form must be used.
Note 2	Power given under an Act to make a statutory instrument (including an interstate leave permit) includes power to amend or revoke the instrument (see Legislation Act, s 46 (1)).
(3)	An interstate leave permit is subject to the following conditions:
(a)	any condition prescribed by regulation;
(b)	any other condition, consistent with the conditions (if any) prescribed by regulation, that—
(i)	the chief executive believes, on reasonable grounds, is necessary and reasonable; and
(ii)	is stated in the permit.
Examples of conditions stated in interstate leave permits
1	a condition that an escort officer stated in the permit escort the young detainee
2	a condition prohibiting association with a particular person or being near a particular place
3	a condition that an indigenous young detainee travelling interstate to mark the birth or death of a relative be escorted by an indigenous elder or relative
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).
1098	Effect of ACT permit for interstate leave 
(1)	An interstate leave permit for a young detainee authorises the young detainee to be absent from a detention place in accordance with the permit—
(a)	unescorted; or
(b)	if the permit is subject to a condition that an escort officer must escort the young detainee—while under escort by the escort officer.
(2)	If an interstate leave permit is subject to a condition that the young detainee be escorted by an escort officer, the permit authorises the escort officer to escort the young detainee in accordance with the permit—
(a)	to and within the participating State stated in the permit (whether or not through any other jurisdiction); and
(b)	back to the detention place.
1099	Notice to participating States
The chief executive must give written notice of an interstate leave permit given to a young detainee, and the period of the permit, to each of the following:
(a)	the corresponding chief executive of the participating State to which the permit applies; 
(b)	the chief of police (however described) of the participating State to which the permit applies;
(c)	the chief of police (however described) of any other State or Territory through which the young detainee may travel under the permit.
1100	Powers of escort officers—interstate leave
(1)	An escort officer escorting a young detainee under an interstate leave permit may, to keep custody of the young detainee under the permit or to arrest the young detainee if the young detainee has escaped—
(a)	give the young detainee any direction that the officer believes, on reasonable grounds, is necessary and reasonable; and
(b)	use force in accordance with division 10.6.4 (Use of force).
(2)	An escort officer escorting a young detainee under an interstate leave permit may conduct a scanning search, frisk search or ordinary search of the young detainee if the officer suspects on reasonable grounds the young detainee may be carrying a prohibited thing.
(3)	Chapter 11 (Criminal matters—search and seizure at detention places) applies, with any necessary changes, in relation to a scanning search, frisk search or ordinary search under this section.
1101	Liability for damage etc
(1)	The Territory is liable for any damage or loss sustained by anyone in a participating State that is caused by the conduct of a young detainee or an escort officer while in the participating State under an interstate leave permit.
(2)	This section does not affect any right the Territory may have against the young detainee or escort officer for the damage or loss.
Subdivision 10.8.2.3	Interstate leave under corresponding leave laws
1102	Effect in ACT of interstate leave permit under corresponding leave law
(1)	This section applies to a person (an interstate escort officer) who is authorised under an interstate leave permit issued under a corresponding leave law to escort an interstate young detainee to or from, or in, the ACT.
(2)	The interstate escort officer is authorised, in the ACT, to escort the interstate young detainee in accordance with the interstate leave permit.
1103	Powers of interstate escort officers
(1)	This section applies if an interstate escort officer uses force, or a means of restraint, in the ACT for—
(a)	keeping custody of an interstate young detainee under an interstate leave permit issued under a corresponding law; or
(b)	arresting an interstate young detainee who has escaped.
(2)	The use of force, a weapon or means of restraint is lawful in the ACT if it would have been lawful in the participating State where the interstate leave permit was issued.
1104	Escape of interstate young detainee
(1)	This section applies to an interstate young detainee in the ACT under an interstate leave permit issued under a corresponding leave law.
(2)	If the interstate young detainee escapes from lawful custody, the young detainee may be arrested without warrant by—
(a)	an interstate escort officer for the young detainee; or
(b)	a police officer.
(3)	A police officer who arrests the young detainee may return the young detainee to an interstate escort officer for the young detainee.
Note	A police officer may also arrest without a warrant a person who has escaped from lawful custody or who is unlawfully at large (see Crimes Act 1900, s 212 and s 214).
1105	Return of escaped interstate young detainee
(1)	This section applies if, in the ACT, an interstate young detainee attempts to escape or is arrested after an escape.
(2)	The interstate young detainee may be taken before a magistrate.
(3)	Despite the terms of the interstate young detainee’s interstate leave permit issued under a corresponding leave law, the magistrate may by warrant (a return warrant)—
(a)	order the return of the young detainee to the participating State where the permit was issued; and
(b)	order the interstate young detainee to be delivered into the custody of a police officer or interstate escort officer for that purpose.
(4)	If a return warrant is issued for the interstate young detainee, the young detainee may be kept in detention until the earlier of the following events:
(a)	the young detainee is delivered into the custody of a police officer or interstate escort officer in accordance with the warrant;
(b)	the end of 14 days after the day the warrant was issued.
(5)	The return warrant ends if the interstate young detainee is not delivered into the custody of a police officer or interstate escort officer, in accordance with the warrant, before the end of 14 days after the day the warrant is issued.
Division 10.8.3	Leave—miscellaneous
1106	Lawful temporary absence from detention place
(1)	This section applies to a young detainee who is absent from a detention place under any of the following:
(a)	a direction by the chief executive, including a direction under section 911 (Transfers to health facilities);
(b)	a leave authority under section 1093;
(c)	an interstate leave permit;
(d)	any other authority (however described) prescribed by regulation.
(2)	To remove any doubt, the young detainee is—
(a)	taken to be in the chief executive’s custody; and
(b)	if under escort by an escort officer—also taken to be in the escort’s custody.
1107	Personal injury management—young detainees etc
(1)	This section applies if a young detainee suffers injury that arises out of, or in the course of, the young detainee’s detention.
(2)	A regulation may make provision in relation to the injury, including provision in relation to the following:
(a)	injury management;
(b)	compensation for a permanent injury;
(c)	death benefits.
(3)	In this section:
	injury includes—
(a)	disease; and
(b)	aggravation, acceleration and recurrence of an injury or disease.
1108	Declaration of corresponding law
(1)	The Minister may declare that a law of a State or another Territory is a corresponding detention place law.
(2)	The Minister may make the declaration only if satisfied that the law substantially corresponds to this chapter.
(3)	A declaration under this section is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.

Chapter 11	Criminal matters—search and seizure at detention places
Part 11.1	Preliminary—ch 11
1200	Definitions—ch 11
In this chapter:
	authorised doctor means a doctor authorised under section 1203 (Authorised health professionals).
	authorised health professional means a health professional authorised under section 1203.
	authorised nurse means a nurse authorised under section 1203.
	body search, of a young detainee, means a search of the young detainee’s body, including an examination of an orifice or cavity of the young detainee’s body.
	frisk search, of a young detainee, means—
(a)	a search of the young detainee conducted by quickly running the hands over the young detainee’s outer clothing; and
(b)	an examination of anything worn or carried by the young detainee that is conveniently and voluntarily removed by the young detainee.
	ordinary search, of a young detainee, means a search of the young detainee or of anything in the young detainee’s possession, and may include—
(a)	requiring the young detainee to remove only the young detainee’s overcoat, coat, jacket or a similar article of clothing and any footwear, gloves, or headwear; and
(b)	an examination of anything removed.
	prohibited thing means a thing declared to be a prohibited thing under section 1202.
	scanning search, of a young detainee, means a search of the young detainee by electronic or other means that does not require the young detainee to remove the young detainee’s clothing or be touched by someone else.
Examples of scanning searches
1	passing a portable electronic or other device over or close to a young detainee
2	requiring a young detainee to pass by or through an electronic or other device
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).
	strip search, of a young detainee, means a search of the young detainee, or of anything in the young detainee’s possession, under section 1210 (Strip search on admission to detention place) or section 1214 (Strip searches directed by chief executive) and may include—
(a)	requiring the young detainee to remove all of the young detainee’s clothing; and
(b)	an examination of—
(i)	the young detainee’s body (but not the young detainee’s body orifices or cavities); and
(ii)	the young detainee’s clothing.
	young detainee means a child or young person detained at a detention place, whether or not the child or young person has been convicted, or found guilty, of an offence.
1201	Relationship with other laws
To remove any doubt, this chapter is additional to, and does not limit, any other provision about searches of young detainees under another territory law, or a law of the Commonwealth, a State or another Territory.
1202	Prohibited things
(1)	The chief executive may declare a thing to be a prohibited thing if the chief executive believes, on reasonable grounds, that the declaration is necessary or prudent to ensure security or good order at a detention place.
Examples of prohibited things
1	a weapon or something crafted as a weapon
2	alcohol
3	a controlled drug under the Criminal Code
4	a mobile phone
Note 1	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).
Note 2	The power to make an instrument includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48.)
(2)	A declaration is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
1203	Authorised health professionals
(1)	The chief executive may authorise a health professional to exercise functions under this chapter.
(2)	However, the chief executive must ensure, as far as practicable, that a young detainee’s treating health professional is not asked to exercise a function as an authorised health professional under this chapter in relation to the young detainee.
(3)	Subsection (2) does not apply if the chief executive believes on reasonable grounds that—
(a)	there is an imminent and serious threat to the personal safety of the young detainee or someone else; and
(b)	compliance with subsection (2) would exacerbate the threat.
(4)	In this section:
	treating health professional, in relation to a young detainee, means a health professional who has a professional relationship with the young detainee for the provision of health services.

Part 11.2	Searches generally
1204	Intrusiveness of searches
A person conducting a search of a young detainee under this chapter 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 prohibited thing by a scanning search rather than a frisk search
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).
1205	Register of searches
(1)	This section applies to a search under any of the following sections:
(a)	section 1210 (Strip searches on admission to detention place); 
(b)	section 1214 (Strip searches directed by chief executive);
(c)	section 1220 (Body searches directed by chief executive);
(d)	section 1231 (Searches—premises and property generally);
(e)	section 1232 (Searches of young detainee cells—privileged material);
(f)	section 1233 (Searches of young detainee cells—suspected privileged material).
(2)	The chief executive must keep a register containing the following details in relation to each search:
(a)	the name of the young detainee searched;
(b)	the reason for the search;
(c)	when and where the search was conducted;
(d)	the name of each person present at any time during the search; 
(e)	details of anything seized during the search;
(f)	details of any force used for conducting the search, and why force was used;
(g)	anything else prescribed by regulation.
(3)	The register may contain any other details the chief executive considers relevant.
(4)	The register must be available for inspection by any of the following:
(a)	a judge or magistrate;
(b)	an official visitor;
(c)	the human rights commissioner;
(d)	the privacy commissioner;
(e)	the public advocate;
(f)	the ombudsman;
(g)	anyone else prescribed by regulation.
(5)	The public advocate must inspect the register at least once every 3 months.
1206	Searches of transgender and intersex young detainees
(1)	This section applies if a transgender or intersex young detainee is to be searched under this chapter.
(2)	The young detainee may require that either a male or a female conduct the search.
(3)	If the young detainee requires that a male conduct the search, the young detainee is taken, for this chapter, to be male.
(4)	If the young detainee requires that a female conduct the search, the young detainee is taken, for this chapter, to be female.
Note	For the meaning of transgender person and intersex person, see the Legislation Act, s 169A and s 169B.
1207	Notice of strip and body searches—person with parental responsibility for detainee
The chief executive must ensure, as far as practicable, that a person who has responsibility for day-to-day matter, or long-term matters for a young detainee (other than the chief executive) is told about any strip search or body search of the young detainee—
(a)	before the search is conducted; or
(b)	if it is impracticable to tell the person before the search—as soon as practicable after the search.
Note 1	In some circumstances the chief executive is a person with responsibility for day-to-day matters, or long term matters, for a young detainee (see div 1.3.2).
Note 2	A proposed strip or body search need not be conducted in the presence of the person notified (see s 1210, s 1213 and s 1222).

Part 11.3	Scanning, frisk and ordinary searches
1208	Directions for scanning, frisk and ordinary searches
(1)	The chief executive may, at any time, direct an authorised person to conduct a scanning search, frisk search or ordinary search of a young detainee if the chief executive believes, on reasonable grounds, that the search is prudent to ensure security or good order at a detention place.
(2)	Also, an authorised person may conduct a scanning search, frisk search or ordinary search of a young detainee if the person suspects, on reasonable grounds, that the young detainee is carrying—
(a)	a prohibited thing; or
(b)	something that may be used by the young detainee in a way that may involve—
(i)	an offence; or
(ii)	a risk to the personal safety of the young detainee or someone else; or
(iii)	a risk to security or good order at a detention place.
1209	Requirements for scanning, frisk and ordinary searches
(1)	The authorised person who conducts a scanning search, frisk search or ordinary search of a young detainee must—
(a)	tell the young detainee about the search and the reasons for the search and ask for the young detainee’s cooperation; and
(b)	for a frisk search or ordinary search—conduct the search in a private area or an area that provides reasonable privacy for the young detainee; and
(c)	if clothing is seized because of the search—ensure the young detainee is left with, or given, reasonably appropriate clothing to wear.
(2)	A frisk search or ordinary search of a young detainee must not be conducted in the presence or sight of—
(a)	another young detainee; or
(b)	someone else whose presence is not necessary for the search.
(3)	A frisk search of a young detainee must be conducted by an authorised person of the same sex as the young detainee.
(4)	Subsection (3) does not apply if the chief executive believes, on reasonable grounds, that—
(a)	there is an imminent and serious threat to the personal safety of the young detainee or someone else; and
(b)	compliance with subsection (3) would exacerbate the threat.

Part 11.4	Strip searches—young detainees
1210	Strip searches on admission to detention place
(1)	The chief executive may direct an authorised person to strip search a young detainee if the chief executive believes, on reasonable grounds, that the strip search is necessary or prudent for an assessment under section 1025 (Initial assessment).
(2)	The strip search must be conducted in the presence of a person with responsibility for day-to-day matters, or long-term matters, for the young detainee if—
(a)	the chief executive believes, on reasonable grounds, that it is necessary for the person to be present; and
(b)	the young detainee agrees to the person being present.
(3)	In making a decision under subsection (1) or (2), the chief executive must have regard to the young detainee’s age, maturity and any known history.
1211	Strip searches if no-one with responsibility for young detainee available
(1)	This section applies in relation to a strip search of a young detainee under section 1210 if—
(a)	a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee cannot be contacted before the search is conducted; or
Note	For a requirement to contact a person with parental responsibility, see s 1207.
(b)	no-one who has responsibility for day-to-day matters, or long‑term matters, for the young detainee is available to be present at the search; or
(c)	the young detainee does not agree to a person who has responsibility for day-to-day matters, or long term matter, for the young detainee being present at the search.
(2)	The chief executive must ensure that the strip search is conducted in the presence of someone (a support person) who—
(a)	the chief executive believes, on reasonable grounds, can support and represent the interests of the young detainee; and
(b)	the young detainee agrees should be present at the search.
Note	In some circumstances the chief executive is a person who has responsibility for day-to-day matters, or long-term matters, for a young detainee (see div 1.3.2).
(3)	However, the search may continue in the absence of a support person if—
(a)	the young detainee does not agree to a support person being present; or
(b)	the chief executive directs the support person to leave under section 1212.
1212	Strip searches on admission—directing person to leave
(1)	This section applies if a strip search of a young detainee under section 1210 (Strip search on admission to detention place) is being conducted in the presence of—
(a)	a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee; or
(b)	a support person under section 1211 (2).
(2)	The chief executive may direct the person to leave if the chief executive believes, on reasonable grounds, that the person is preventing or hindering the conduct of the search.
1213	Removing people from search area
(1)	The chief executive may direct an authorised person to enforce a direction under section 1212 (2) if the person given the direction contravenes the direction.
(2)	The authorised person may use force that is necessary and reasonable to enforce the direction.
1214	Strip searches directed by chief executive
(1)	The chief executive may direct an authorised person to strip search a young detainee only if—
(a)	the chief executive suspects, on reasonable grounds, that the young detainee has something concealed on the young detainee that—
(i)	is a prohibited thing; or 
(ii)	may be used by the young detainee in a way that may involve an offence, a risk to the personal safety of the young detainee or someone else, or a risk to the security or good order at a detention place; and
(b)	a scanning search, frisk search or ordinary search of the young detainee has failed to detect the thing.
(2)	To remove any doubt, the strip search need not be conducted in the presence of a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee.
(3)	This section does not apply to a strip search under section 1210 (Strip search on admission to detention place).
1215	Obligations on authorised person before strip searches
(1)	This section applies if an authorised person proposes to strip search a young detainee.
(2)	The authorised person must tell the young detainee—
(a)	whether the young detainee will be required to remove clothing during the search; and
(b)	if the young detainee will be required to remove clothing, why the removal is necessary.
(3)	If the young detainee asks why the search is being conducted in a particular way, the authorised person must tell the young detainee the reasons.
(4)	The authorised person must ask for the young detainee’s cooperation for the search.
1216	Authorised people and strip searches
(1)	A strip search of a young detainee must be conducted—
(a)	by an authorised person of the same sex as the young detainee; and
(b)	in the presence of 1 or more other authorised people, each of whom must be the same sex as the young detainee.
(2)	However, the number of authorised people present during the search must be no more than is necessary and reasonable to ensure the search is carried out as safely and effectively as possible.
1217	Strip searches—general rules
(1)	The authorised person conducting a strip search of a young detainee must conduct the strip search—
(a)	in a way that—
(i)	provides reasonable privacy for the young detainee; and
(ii)	is appropriate, having regard as far as practicable, to the young detainee’s sexuality and any known impairment, condition or history; and
(b)	as quickly as practicable.
(2)	The strip search must be conducted in a private area or an area that provides reasonable privacy for the young detainee.
(3)	The strip search must not be conducted—
(a)	in the presence of someone of the opposite sex to the young detainee, other than—
(i)	a person present under section 1210 (2) (Strip searches on admission to detention place) or section 1211 (Strip searches if no-one with responsibility for young detainee available); or
(ii)	another authorised person present under section 1216; or
(b)	in the presence or sight of someone else whose presence is not necessary for the search or for the safety of anyone present.
(4)	Subject to Part 11.8 (Searches––use of force), the strip search must not involve touching the young detainee’s body orifices or cavities.
1218	Strip searches—rules about visual inspection of young detainee’s body
(1)	An authorised person conducting a strip search of a young detainee must not visually inspect the genital area of the young detainee and, for a female young detainee, the young detainee’s breasts, unless the person suspects, on reasonable grounds, that it is necessary to do so for the search.
(2)	A strip search of a young detainee must not involve more visual inspection of the young detainee’s body than is necessary and reasonable for the search.
(3)	Without limiting subsection (2), during the strip search of the young detainee, any visual inspection of the young detainee’s genital area, anal area, buttocks and, for a female young detainee, breasts must be kept to a minimum.
1219	Strip searches—rules about young detainees’ clothing
(1)	A strip search of a young detainee must not involve—
	(a)	the removal from the young detainee of more clothes than is necessary and reasonable for the search; or
	(b)	the removal from the young detainee of more clothes at any time than is necessary and reasonable for the search; or
(c)	without limiting paragraph (b), both the upper and lower parts of the young detainee’s body being uncovered at the same time.
(2)	A young detainee who has been strip-searched must be allowed to dress in private as soon as the search is finished.
(3)	If clothing from a young detainee is seized during a strip search, the authorised person conducting the search must ensure that the young detainee is left with, or given, reasonably appropriate clothing to wear.

Part 11.5	Body searches—young detainees
1220	Body searches directed by chief executive
(1)	The chief executive may direct an authorised doctor to conduct a body search of a young detainee if the chief executive suspects, on reasonable grounds, that the young detainee—
(a)	has ingested or inserted something in the young detainee’s body that may jeopardise the young detainee’s health or wellbeing; or
(b)	has a prohibited thing concealed within the young detainee’s body that may be used in a way that may pose a substantial risk to security or good order at a detention place.
(2)	In making a decision under subsection (1), the chief executive must have regard to the young detainee’s age, maturity and any known history.
1221	Obligations of chief executive before body searches
(1)	This section applies if the chief executive proposes to direct a body search of a young detainee under section 1220.
(2)	The chief executive must tell the young detainee—
(a)	whether the young detainee will be required to remove clothing during the search; and
(b)	if the young detainee will be required to remove clothing, why the removal is necessary.
(3)	If the young detainee asks why the search is to be conducted in a particular way, the chief executive must tell the young detainee the reasons.
(4)	The chief executive must ask for the young detainee’s cooperation for the search.
(5)	The chief executive must ensure that a body search is conducted—
(a)	in a private area or an area that provides reasonable privacy for the young detainee; and
(b)	in a way that provides reasonable privacy.
1222	People present at body searches
(1)	An authorised nurse must be present during the body search of a young detainee.
(2)	If the authorised doctor conducting the body search is not the same sex as the young detainee, the authorised nurse present must be the same sex as the young detainee.
Note 	If the doctor is not the same sex as the young detainee, the doctor cannot touch the young detainee or examine the young detainee’s body orifices or cavities (see s 1228).
(3)	The chief executive may direct 1 or more authorised people to be present during the search, each of whom must be the same sex as the young detainee.
(4)	However, the number of authorised people present during the search must be no more than is necessary and reasonable to ensure the search is carried out as safely and effectively as possible.
(5)	The requirement in subsection (3) that an authorised person be the same sex as the young detainee does not apply if the chief executive believes on reasonable grounds that—
(a)	there is an imminent and serious threat to the personal safety of the young detainee or someone else; and
(b)	compliance with that requirement would exacerbate the threat.
(6)	The search must be conducted in the presence of a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee if—
(a)	the chief executive believes that it is necessary or prudent for the person to be present; and
(b)	the young detainee agrees to the person being present.
(7)	In making a decision under subsection (6), the chief executive must have regard to the young detainee’s age, maturity and any known history.
1223	Body searches if no-one with parental responsibility available
(1)	This section applies in relation to a body search of a young detainee if—
(a)	a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee cannot be contacted before the search is conducted; or
Note	For a requirement to contact a person with parental responsibility, see s 1207.
(b)	no-one who has responsibility for day-to-day matters, or long‑term matters, for the young detainee is available to be present at the search; or
(c)	the young detainee does not agree to a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee being present at the search.
(2)	The chief executive must ensure that the body search is conducted in the presence of someone (a support person) who—
(a)	the chief executive believes, on reasonable grounds, can support and represent the interests of the young detainee; and
(b)	the young detainee agrees should be present at the search.
Note 	In some circumstances the chief executive may be a person who has responsibility for day-to-day matters, or long-term matters, for a young detainee (see div 1.3.2).
(3)	However, the body search may continue in the absence of a support person if—
(a)	the young detainee does not agree to a support person being present; or
(b)	the chief executive directs the support person to leave under section 1224 (2).
1224	Body searches—directing people to leave
(1)	This section applies if a body search of a young detainee is being conducted in the presence of—
(a)	a person who has responsibility for day-to-day matters, or long-term matters, for the young detainee; or
(b)	a support person under section 1223.
(2)	The chief executive may direct the person to leave if the chief executive believes, on reasonable grounds, that the person is preventing or hindering the conduct of the search.
1225	Removing people from search area
(1)	The chief executive may direct an authorised person to enforce a direction under section 1224 (2) if the person given the direction contravenes the direction.
(2)	The authorised person may use force that is necessary and reasonable to enforce the direction.
1226	Help for body searches
(1)	This section applies if the authorised doctor conducting a body search of a young detainee asks the chief executive for assistance that the doctor believes on reasonable grounds is necessary and reasonable for the search.
(2)	The chief executive may direct an authorised person, or authorise someone else present at the search (the assistant), to assist in the conduct of the search.
(3)	However, the assistant must be the same sex as the young detainee.
(4)	Subsection (3) does not apply if the chief executive believes on reasonable grounds that—
(a)	there is an imminent and serious threat to the personal safety of the young detainee or someone else; and
(b)	compliance with subsection (3) would exacerbate the threat.
1227	Body searches—rules about young detainees’ clothing
(1)	A body search of a young detainee must not involve—
(a)	the removal from the young detainee of more clothes than is necessary and reasonable for the search; or
(b)	the removal from the young detainee of more clothes at any time than is necessary and reasonable for the search; or
(c)	without limiting paragraph (b), both the upper and lower parts of the young detainee’s body being uncovered at the same time.
(2)	A young detainee who has been body-searched must be allowed to dress in private as soon as the search is finished.
(3)	If clothing from a young detainee is seized during a body search, the chief executive must ensure that the young detainee is left with, or given, appropriate clothing to wear.
1228	Body searches—rules about touching young detainees
For the body search of a young detainee, the authorised doctor or authorised nurse may touch the young detainee and examine the young detainee’s orifices, but only if the doctor or nurse is of the same sex as the young detainee.
1229	Seizing things discovered during body searches
(1)	An authorised doctor conducting a body search of a young detainee may seize anything mentioned in section 1220 (Body searches directed by chief executive) that is discovered during the search if seizing the thing would not be likely to cause injury to the young detainee or someone else.
(2)	The doctor must give the thing seized to an authorised person as soon as practicable.

Part 11.6	Searching people other than detainees
1230	Searches of people other than detainees
(1)	The chief executive may direct an authorised person to conduct a scanning search, frisk search or ordinary search of a person at a detention place who is not a young detainee if the chief executive suspects, on reasonable grounds, that the person is carrying—
(a)	a prohibited thing; or
(b)	anything else that creates, or is likely to create, a risk to—
(i)	the personal safety of anyone else; or
(ii)	security or good order at the place.
(2)	Part 11.3 (Scanning, frisk and ordinary searches) applies in relation to a direction under this section, any frisk search, scanning search or ordinary search conducted under the direction, and anything found in the search, in the same way, but with any necessary changes, that it applies in relation to a young detainee.
(3)	However, part 11.8 (Searches—use of force) does not apply to a search under this section.

Part 11.7	Searches of premises and property
1231	Searches—premises and property generally
(1)	The chief executive may, at any time, direct an authorised person to search—
(a)	any part of a detention place; or
(b)	anything at a detention place, including anything in the custody or possession of anyone at a detention place; or
(c)	any vehicle used for transporting a young detainee.
Examples—searches
a search of any of the following for a prohibited thing:
•	any area or building or part of a building (including a cell) at a detention place
•	any storage area, including an area used by young detainees or authorised people, at a detention place
•	any vehicle, machinery or equipment at a detention place
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).
(2)	However, this section does not authorise a search of—
(a)	anyone at a detention place; or
(b)	any clothing being worn at the time of the search by someone at a detention place.
(3)	In this section:
	search includes search—
(a)	with a device using electronic or other technology; and
(b)	by physical means.
1232	Searches of young detainee cells—privileged material
(1)	This section applies if a young detainee has privileged material at a detention place.
(2)	An authorised person may search the young detainee’s cell under section 1231 in the absence of the young detainee if—
(a)	the young detainee removes the privileged material from the cell; or
(b)	the privileged material is stored in accordance with arrangements under subsection (3).
(3)	The chief executive may make arrangements for the secure storage at a detention place of privileged material for young detainees.
1233	Searches of young detainee cells—suspected privileged material
(1)	If an authorised person suspects, on reasonable grounds, that a young detainee’s cell contains privileged material, the authorised person may search the cell only if the young detainee is present.
(2)	A search under subsection (1) may include an examination of any privileged material, and anything containing the material, found in the cell.
(3)	However, the authorised person must not read any privileged material found in the cell.
(4)	The authorised person need not comply with subsection (1) or (3) if the authorised person believes, on reasonable grounds, that urgent circumstances exist and that compliance with the subsection would create a risk of injury to the authorised person, the young detainee or someone else.

Part 11.8	Searches—use of force
1234	Searches—managing use of force
(1)	The chief executive must ensure, as far as practicable, that the use of force in relation to a young detainee under this chapter is always—
(a)	the last resort and does not involve more force than necessary and reasonable in the circumstances; and
(b)	by an authorised person of the same sex as the young detainee; and
(c)	in accordance with—
(i)	this section; and
(ii)	the standing orders.
(2)	The standing orders may make provision in relation to the use of force, including provision in relation to the following:
(a)	the circumstances in which, and by whom, force may be used;
(b)	the kinds of force that may be used;
(c)	the use of restraints and weapons;
(d)	requirements for medical examination after the use of force.
Note	The power to make standing orders includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48).
1235	Searches—authorised use of force
(1)	An authorised person may use force that is necessary and reasonable—
(a)	to conduct a search under this chapter; or
(b)	to assist at a body search under section 1226 (Help for body searches); or
(c)	to prevent the loss, destruction or contamination of anything seized, or that may be seized, during the search.
(2)	An authorised person may use force in relation to a young detainee under this chapter only if the authorised person—
	(a)	gives a clear warning of the intended use of force; and
	(b)	allows enough time for the warning to be observed; and
	(c)	uses no more force than is necessary and reasonable in the circumstances; and
	(d)	uses force, as far as practicable, in a way that reduces the risk of causing death or grievous bodily harm.
	(3)	However, the authorised person need not comply with subsection (2) (b) if the authorised person believes, on reasonable grounds, that urgent circumstances exist and that compliance with subsection (2) (b) would create a risk of injury to the authorised person, the detainee or anyone else.
Example of urgent circumstances
the young detainee is assaulting someone or engaging in self-harm
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).

Part 11.9	Seizing property
1236	Seizing mail etc
(1)	The chief executive may seize anything in a young detainee’s protected mail if the chief executive believes, on reasonable grounds, that the thing—
(a)	may physically harm the addressee or anyone else; or
(b)	is a prohibited thing.
(2)	The chief executive may seize other mail of a young detainee, or anything in the mail, if the chief executive suspects, on reasonable grounds, that the seizure is necessary—
(a)	to stop any of the following entering or leaving a detention place:
(i)	a prohibited thing;
(ii)	anything that may be used by the young detainee in a way that may involve an offence, a risk to the personal safety of someone else or a risk to security or good order at a detention place; or
(b)	to stop threatening or otherwise inappropriate correspondence entering or leaving a detention place; or
(c)	to stop a young detainee obtaining or buying goods without the chief executive’s approval.
Example of inappropriate correspondence—par (b)
mail addressed to a person by someone convicted of a sexual offence against the 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).
(3)	The chief executive may seize a document under this section only if the chief executive believes, on reasonable grounds, that the document is not privileged.
(4)	If the chief executive believes, on reasonable grounds, that a document seized under subsection (3) is privileged, the chief executive must return the document to the detainee immediately.
(5)	In this section:
	mail means postal mail.
	protected mail means mail between a young detainee and any of the following:
(a)	a lawyer representing the young detainee;
(b)	an official visitor;
(c)	the director of public prosecutions;
(d)	the human rights commissioner;
(e)	the privacy commissioner;
(f)	the public advocate;
(g)	the ombudsman;
(h)	anyone else prescribed by regulation.
1237	Seizing property—general
(1)	The chief executive may seize—
(a)	a prohibited thing found on a young detainee or in a young detainee’s custody or possession, unless the young detainee has the written approval of the chief executive to possess the thing; or
(b)	anything found at a detention place, whether or not in a person’s custody or possession, that the chief executive suspects, on reasonable grounds—
(i)	is being used, or is intended, for the commission of an offence; or
(ii)	jeopardises, or is likely to jeopardise, security or good order at a detention place or the safety of anyone at a detention place or elsewhere.
(2)	To remove any doubt, this section extends to anything found in a search under this chapter.
(3)	The chief executive may seize a document under this section only if the chief executive believes, on reasonable grounds, that the document is not privileged.
(4)	If the chief executive believes, on reasonable grounds, that a document seized under subsection (3) is privileged, the chief executive must return the document to the young detainee immediately.
1238	Notice of seizure
(1)	The chief executive must prepare written notice of a seizure under section 1236 or section 1237.
(2)	Not later than 7 days after the day of the seizure, the chief executive must give written notice of the seizure to—
(a)	the owner of the thing seized; or
(b)	if the owner cannot be identified after reasonable inquiries (given the thing’s apparent value)—the person from whom the thing was seized.
(3)	The 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 1239; and
(d)	include anything else prescribed by regulation.
(4)	In this section:
	owner, of a thing, includes a person entitled to possession of the thing.
1239	Forfeiture of things seized
(1)	A thing seized under section 1236 (Seizing mail etc) or section 1237 (Seizing property—general) is forfeited to the Territory if the chief executive decides, on reasonable grounds—
(a)	that—
(i)	after making reasonable inquiries (given the thing’s apparent value), the owner of the thing cannot be found; or
(ii)	after making reasonable efforts (given the thing’s apparent value), the thing cannot be returned to the owner; or
(b)	that—
(i)	possession of the thing by a young detainee 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 chief executive may deal with a thing forfeited to the Territory under this section, or dispose of it, as the chief executive considers appropriate.
Examples
1	giving a forfeited weapon to an authorised person
2	dumping a forfeited thing of little value
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)	However, section (2) is subject to any order under the Crimes Act 1900, section 249 (Seizure of forfeited articles).
Note 1	The Crimes Act 1900 also provides for articles forfeited under any law in force in the ACT 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 (see s 249 and s 250).  
Note 2	The Uncollected Goods Act 1996 provides generally for the disposal of uncollected goods, including goods abandoned on premises controlled by the Territory.
(4)	In this section:
	owner, of a thing, includes a person entitled to possession of the thing.
1240	Return of things seized but not forfeited
(1)	If a thing seized under section 1236 (Seizing mail etc) or section 1237 (Seizing property—general) is not forfeited, the chief executive must return it to its owner—
(a)	at the end of the 6 months after the day it was seized; or
(b)	if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.
(2)	However, if the thing was being kept as evidence of an offence and the chief executive believes, on reasonable grounds, that its retention as evidence is no longer necessary, the chief executive must return it immediately.
(3)	In this section:
	owner, of a thing, includes a person entitled to possession of the thing.

Chapter 12	Criminal matters—discipline at detention places
Part 12.1	General
1300	Application—ch 12
This chapter applies in relation to a disciplinary breach committed, or allegedly committed, by a young detainee.
1301	Definitions—ch 12
In this chapter:
	accused detainee means a young detainee charged with a disciplinary breach.
	administrative penalty—see section 1329.
	administrator means an authorised person to whom the chief executive has delegated functions of an administrator under this chapter.
	allegation report means a report by an authorised person under section 1306 (2) (d).
	charge means a disciplinary charge under section 1312.
	charge notice—see section 1312.
	disciplinary action—see section 1328.
	disciplinary breach—see section 1302.
	hearing, for an inquiry, means a hearing under part 13.3.
	inquiry means an inquiry to which chapter 13 (Conduct of disciplinary inquiries) applies.
	investigator—see section 1303.
	investigator’s report means a report by an investigator under section 1310 in relation to an allegation report.
	privilege, in relation to a young detainee—see section 1304.
1302	Meaning of disciplinary breach
(1)	Each of the following is a disciplinary breach:
(a)	contravening a direction by the chief executive under this Act;
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(b)	being in a prohibited area without the chief executive’s approval;
Note	An area may be prohibited under s 1014.
(c)	smoking;
(d)	taking (in any way) alcohol, a prohibited substance or an unauthorised medicine into the young detainee’s body;
(e)	providing a positive test sample for alcohol or a drug when directed, under this Act, to provide a test sample;
(f)	making, possessing, concealing, knowingly consuming or dealing with a prohibited thing, without the chief executive’s approval;
(g)	gambling;
(h)	being disrespectful or abusive towards an authorised person in a way that undermines the person’s authority;
(i)	being disrespectful or abusive towards someone in a way that is likely to provoke a person to be violent;
(j)	intentionally or recklessly engaging in conduct that endangers, or may endanger, the health or safety of the young detainee or anyone else;
(k)	fighting;
(l)	assaulting someone else;
(m)	theft;
(n)	possessing stolen property;
(o)	possessing or dealing in things without the chief executive’s approval;
(p)	intentionally or recklessly damaging or destroying property belonging to someone else;
(q)	interfering with property belonging to someone else, without approval by the owner of the property;
(r)	creating or participating in a disturbance, or other activity, likely to endanger security or good order at a detention place;
(s)	contravening a condition of any of the following:
(i)	a leave authority under section 1093;
(ii)	an interstate leave permit;
(t)	doing anything for the purpose of escaping, or assisting a young detainee to escape, from detention;
(u)	offering, giving or taking a bribe;
(v)	attempting, or assisting anyone else attempting, to commit another disciplinary breach; 
(w)	threatening to do anything mentioned in paragraphs (j), (k), (l), (p) or (r);
(x)	anything else prescribed by regulation.
Example of chief executive direction—par (a)
contravening a direction by the chief executive to submit to a search under this Act
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).
(2)	In this section:
	medicine—see the Medicines and Poisons Act 2007, section 13.
	prohibited substance—see the Medicines and Poisons Act 2007, section 15.
	unauthorised medicine—a medicine is an unauthorised medicine for a young detainee if—
(a)	the medicine is not prescribed for the young detainee; and
(b)	the chief executive has not approved the use of the medicine by the young detainee under section 1049.
1303	Meaning of investigator
(1)	An investigator is—
(a)	an authorised person to whom the chief executive has delegated functions of an investigator; or
(b)	a person engaged under subsection (2).
(2)	The chief executive may, on behalf of the Territory, engage a person to exercise the functions of an investigator.
(3)	The chief executive may engage a person under subsection (2) only if satisfied the person has appropriate qualifications or experience to exercise the functions of an investigator.
1304	Meaning of privilege
A privilege, in relation to a young detainee—
(a)	is any amenity, facility or opportunity the young detainee may have the benefit of in detention; but
(b)	does not include anything that is, for this chapter, an entitlement for the young detainee.
Examples of privileges
1	using common areas at a detention place for mixing with other young detainees
2	participating in activities other than those forming part of a young detainee’s case management plan
3	using phones, email or the internet other than for entitled usage
4	buying non-essential goods from money in a young detainee’s trust account
5	using a radio, television, compact disc, MP3 player or DVD player or other electronic equipment for recreational purposes
6	pursuing hobbies and crafts
7	keeping personal property in a cell
Examples of expressed entitlements
•	things expressed in pt 10.5 (Living conditions at detention places) to be entitlements for young detainees
•	an entitlement to health care under s 911
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).
1305	Overlapping disciplinary breaches and criminal offences
(1)	This section applies if a young detainee engages, or is alleged to have engaged, in conduct that is both—
(a)	a disciplinary breach; and
(b)	an offence (a criminal offence) against a territory law, including this Act.
(2)	The young detainee must not be prosecuted for the criminal offence if an administrative penalty has been imposed on the young detainee because of the disciplinary breach.
(3)	The young detainee must not be charged with the disciplinary breach under section 1312, or the charge must not be continued with under this chapter, if a prosecution for the criminal offence has been started in a court.
(4)	Disciplinary action for the disciplinary breach must not be taken against the young detainee if a court has convicted the young detainee, or the young detainee has been found guilty, of the criminal offence.
Note	For the kinds of disciplinary action that may be taken, see s 1328.

Part 12.2	Disciplinary investigations
Division 12.2.1	Investigation of disciplinary breaches
1306	Report etc by authorised people
(1)	This section applies if an authorised person believes, on reasonable grounds, that a young detainee has committed a disciplinary breach.
(2)	The authorised person may do 1 or more of the following if the person believes, on reasonable grounds, that it is appropriate in the circumstances:
(a)	counsel the young detainee;
(b)	warn the young detainee about committing a disciplinary breach;
(c)	reprimand the young detainee;
(d)	give an investigator a report (an allegation report) about the alleged disciplinary breach.
(3)	An allegation report must be given to an investigator as soon as possible, and must set out the following:
(a)	details of the alleged disciplinary breach;
(b)	the authorised person’s reasons for believing the young detainee has committed the disciplinary breach;
(c)	anything else prescribed by regulation.
(4)	To remove any doubt, if the authorised person is also an investigator or administrator, the authorised person must give an allegation report to another investigator and must not exercise any function of an investigator or administrator in relation to the report.
1307	Notice to young detainee of allegation report
(1)	This section applies if an investigator is given an allegation report about an alleged disciplinary breach by a young detainee.
(2)	The investigator must, in language and a way that the young detainee can understand—
(a)	tell the young detainee about the allegation report; and
(b)	tell the young detainee that the young detainee has the right to contact the public advocate about the report; and
(c)	tell the young detainee that the young detainee has the right to contact an advocate under section 1308; and
(d)	invite the young detainee to respond to the report in writing within a stated reasonable time.
(3)	The investigator must also give the young detainee a written copy of the report.
(4)	If the young detainee cannot write, the chief executive must take all reasonable steps to provide help for the detainee to respond to the report.
1308	Right to contact advocate—internal inquiry
(1)	This section applies if an investigator gives a young detainee a notice under section 1307 about an allegation report.
(2)	The young detainee has a right to contact someone (an advocate) to respond to the allegation report on the young detainee’s behalf.
Examples of advocates
1	a lawyer
2	the public advocate
3	a person from a body that represents young detainees
4	a close friend of the young detainee who is capable of responding to the report
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 chief executive must ensure that the young detainee has access to facilities to contact an advocate.
1309	Investigator’s response to allegation report etc
(1)	This section applies if—
(a)	an investigator has been given an allegation report in relation to a young detainee; and
(b)	the investigator has invited the young detainee to respond to the report under section 1307; and
(c)	the investigator has made any investigation the investigator considers appropriate.
(2)	After considering the allegation report, any response given in accordance with the invitation and the results of any investigation in relation to the allegation reported, the investigator may do 1 or more of the following if the investigator believes, on reasonable grounds, that it is appropriate in the circumstances:
(a)	take no further action in relation to the report;
(b)	counsel the young detainee;
(c)	warn the young detainee about committing a disciplinary breach;
(d)	reprimand the young detainee;
(e)	refer the allegation reported to the chief police officer.
(3)	A referral under subsection (2) (e) must be in writing and be accompanied by the investigator’s report.
1310	Investigator to report to administrator
(1)	An investigator must, as soon as possible after taking action under section 1309 (2), give an administrator a report (the investigator’s report) about what the investigator has done.
(2)	The investigator’s report must include the following:
(a)	details (or a copy) of the allegation report to which the investigator’s report relates;
(b)	if the investigator referred the allegation reported to the chief police officer—details of the referral;
(c)	a recommendation for action by the administrator under section 1311;
(d)	anything else prescribed by regulation.
(3)	To remove any doubt, if the investigator is also an administrator, the investigator must give the investigator’s report to another administrator and must not exercise any function of an administrator in relation to the report.
1311	Action by administrator
(1)	This section applies if an administrator is given a report under section 1310 about an alleged disciplinary breach by a young detainee.
(2)	After considering the report and making any further investigation the administrator considers appropriate, the administrator may do 1 or more of the following if the administrator believes, on reasonable grounds, that it is appropriate in the circumstances:
(a)	take no further action in relation to the report;
(b)	counsel the young detainee;
(c)	warn the young detainee about committing a disciplinary breach;
(d)	reprimand the young detainee;
(e)	refer the allegation to—
(i)	the chief police officer; or
(ii)	the director of public prosecutions; 
(f)	charge the young detainee under section 1312;
(g)	anything else prescribed by regulation.
(3)	A referral under subsection (2) (e) must be in writing and be accompanied by the investigator’s report.
1312	Disciplinary charge
To charge a young detainee with a disciplinary breach, an administrator must give the young detainee written notice (the charge notice) of the charge, including details of the following:
(a)	the disciplinary breach charged;
(b)	a brief statement of the conduct to which the charge applies and when, or the period during which, it happened;
(c)	the option of having the charge dealt with by consent under division 12.3.1 (Disciplinary action—with accused detainee’s consent);
(d)	the election available under section 1314 (Disciplinary breach admitted by accused detainee) to accept the disciplinary action proposed by the administrator;
(e)	the disciplinary action the administrator believes, on reasonable grounds, would be appropriate if the charge were dealt with under section 1315 (Presiding officer’s powers—breach admitted by accused detainee).
Note	If a form is approved under s 3210 for a charge, the form must be used. 

Part 12.3	Discipline on breach
Division 12.3.1	Disciplinary action—with accused detainee’s consent
1313	Meaning of presiding officer—div 12.3.1
In this division:
	presiding officer means an authorised person to whom the chief executive has delegated functions of a presiding officer under this division.
1314	Disciplinary breach admitted by accused detainee
(1)	An accused detainee may elect to have a charge dealt with under this division by giving the administrator written notice—
(a)	admitting the disciplinary breach charged; and
(b)	accepting the proposed disciplinary action stated in the administrator’s notice of the charge under section 1312.
Example of election
a signed admission and acceptance on the charge form under s 1312
Note 1	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).
Note 2	If a form is approved under s 3210 for an election under this section, the form must be used.
(2)	The election must be given to the administrator—
(a)	no later than the day after the day the administrator gives the accused detainee notice of the charge under section 1312; or
(b)	within any extended period allowed under subsection (3).
(3)	On written application by the accused detainee, the administrator may extend the period for making the election if the administrator believes, on reasonable grounds, that it is appropriate to extend the period.
Note	The administrator may extend the period for making the election after the period given in the notice has expired (see Legislation Act, s 151C).
(4)	The administrator must give the accused detainee written notice of a decision under subsection (3) to extend the period.
1315	Presiding officer’s powers—breach admitted by accused detainee
(1)	This section applies if the accused detainee elects under section 1314 to have a charge dealt with under this division.
(2)	A presiding officer may, without further investigation or inquiry, counsel the accused detainee and take disciplinary action against the accused detainee in accordance with division 12.3.4.
(3)	However, the only disciplinary action the presiding officer may take under this section is the disciplinary action stated as the appropriate action in the charge notice given to the accused detainee.
(4)	The presiding officer must give the accused detainee written notice of a decision to take disciplinary action made under this section.
Division 12.3.2	Internal disciplinary inquiry
1316	Meaning of presiding officer—div 12.3.2
In this division:
	presiding officer means an authorised person to whom the chief executive has delegated functions of a presiding officer under this division.
1317	Disciplinary inquiry into charge
(1)	This section applies if an accused detainee—
(a)	is given a charge notice; and
(b)	does not elect under section 1314 to have the charge dealt with under division 12.3.1 (Disciplinary action—with accused detainee’s consent).
(2)	A presiding officer must conduct an inquiry into the disciplinary breach charged in the charge notice.
(3)	An authorised person must not exercise any function of a presiding officer under this division in relation to the disciplinary charge if the authorised person—
(a)	made an allegation report or investigator’s report in relation to the alleged disciplinary breach to which the charge relates; or
(b)	charged the young detainee under section 1312.
(4)	Chapter 13 (Conduct of disciplinary inquiries) applies, with any necessary changes, in relation to an inquiry under this division.
1318	Presiding officer’s powers after internal inquiry
(1)	This section applies if a presiding officer has completed an inquiry under section 1317.
(2)	If the presiding officer is satisfied, on the balance of probabilities, that a disciplinary breach charged has been proven, the presiding officer may take disciplinary action against the accused detainee in accordance with division 12.3.4.
(3)	The presiding officer must dismiss the charge if—
(a)	not satisfied, on the balance of probabilities, that the disciplinary breach charged has been proven; or
(b)	satisfied, on reasonable grounds, that it would otherwise be appropriate to do so.
(4)	If the presiding officer believes, on reasonable grounds, that it is necessary or desirable to do so, the presiding officer may refer the charge to—
(a)	the chief police officer; or
(b)	the director of public prosecutions.
(5)	The presiding officer must give the accused detainee prompt written notice of the presiding officer’s decision under this section, including—
(a)	a statement of the reasons for the decision; and
(b)	a statement indicating that the accused detainee has a right to contact someone else to apply for review of the decision on the detainee’s behalf.
Note 1	If a form is approved under s 3210 for the notice, the form must be used.
Note 2	For the meaning of a statement of reasons, see the Legislation Act, s 179.
Division 12.3.3	External review of inquiry decisions
1319	Definitions—div 12.3.3
In this division:
	adjudicator means a person appointed as an adjudicator under section 1320.
	advocate, of an accused detainee—see section 1321 (2).
1320	Appointment of adjudicators
(1)	The Minister may appoint at least 1 adjudicator.
(2)	A person may be appointed as an adjudicator only if the person is a magistrate and consents, in writing, to the appointment.
(3)	The Magistrates Court Act 1930, section 7G (Magistrates not to do other work) does not apply to the appointment of a magistrate as an adjudicator.
Note 	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
(4)	The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to the appointment of an adjudicator.
(5)	An appointment is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
1321	Right to contact advocate—external review
(1)	This section applies if a decision under section 1318 (Presiding officer’s powers after internal inquiry) has been made in relation to an accused detainee.
(2)	The accused detainee has a right to contact someone else (an advocate) to apply for a review of the decision on the detainee’s behalf.
Examples of advocates
1	a lawyer
2	the public advocate
3	a person from a body that represents young detainees
4	a close friend of the accused detainee who is capable of applying for the review
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 chief executive must ensure that the accused detainee has access to facilities to contact an advocate.
1322	Application for review by adjudicator
(1)	An accused detainee, or the detainee’s advocate, may apply to an adjudicator for a review of a decision under section 1318 (Presiding officer’s powers after internal inquiry) in relation to the accused detainee.
Example of application for review
a signed application on the presiding officer’s notice under s 1318
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).
(2)	The application must be made not later than 7 days after the day the accused detainee is given notice of the decision under section 1318.
(3)	Subject to any decision by the adjudicator under section 1325, the making of the application does not affect the taking of disciplinary action under the decision under review.
1323	Review by adjudicator
(1)	On application under section 1322, an adjudicator may—
(a)	conduct an inquiry to review a decision under section 1318; or
(b)	refuse to review the decision.
(2)	Chapter 13 (Conduct of disciplinary inquiries) applies, with any necessary changes, in relation to an inquiry under this division.
1324	Refusal to review s 1318 decision
(1)	This section applies if, under section 1323, an adjudicator refuses to review a decision under section 1318 in relation to an accused detainee.
(2)	The adjudicator must give the accused detainee, and any advocate of the accused detainee about whom the adjudicator has notice, prompt written notice of the refusal, including—
(a)	a statement of the reasons for the refusal; and
(b)	notice that a person aggrieved by the refusal may apply for a review of the refusal under the Administrative Decisions (Judicial Review) Act 1989.
Note 1	If a form is approved under s 3210 for the notice, the form must be used.
Note 2	For the meaning of a statement of reasons, see the Legislation Act, s 179.
Note 3	Under the Administrative Decisions (Judicial Review) Act 1989, a person aggrieved by an administrative decision made under an enactment may apply to the Supreme Court for a review of the decision.  Subject to any order of the Court, the making of the application does affect the operation of the decision or prevent its implementation (see s 16).
1325	Adjudicator’s powers after review
(1)	After completing an inquiry under section 1323, the adjudicator may—
(a)	confirm the decision under review; or
(b)	exercise any function of a presiding officer under 1318 (Presiding officer’s powers after internal inquiry) in relation to the accused detainee, either by—
(i)	amending the decision under review; or
(ii)	setting aside the decision under review and making a decision in substitution for the decision set aside.
(2)	The adjudicator must give the accused detainee, and any advocate of the accused detainee about whom the adjudicator has notice, prompt written notice of the adjudicator’s decision under this section, including—
(a)	a statement of the reasons for the decision; and
(b)	notice that a person aggrieved by the decision may apply for the review of the decision under the Administrative Decisions (Judicial Review) Act 1989.
Note 1	If a form is approved under s 3210 for the notice, the form must be used.
Note 2	For the meaning of a statement of reasons, see the Legislation Act, s 179.
Note 3	Under the Administrative Decisions (Judicial Review) Act 1989, a person aggrieved by an administrative decision made under an enactment may apply to the Supreme Court for a review of the decision.  Subject to any order of the Court, the making of the application does affect the operation of the decision or prevent its implementation (see s 16).
Division 12.3.4	Disciplinary action generally
1326	Application—div 12.3.4
This division applies to a young detainee against whom disciplinary action may be taken under this chapter.
1327	Meaning of relevant residing officer—div 12.3.4
In this division:
	relevant presiding officer means any of the following:
(a)	a presiding officer under division 12.3.1 (Disciplinary charge—with accused detainee’s consent);
(b)	a presiding officer under division 12.3.2 (Internal disciplinary inquiry);
(c)	an adjudicator under division 12.3.3 (External review of inquiry decisions).
1328	Disciplinary action by relevant presiding officer
(1)	A relevant presiding officer may do 1 or more of the following (each of which is disciplinary action) in relation to a young detainee:
(a)	warn the young detainee about committing a disciplinary breach;
(b)	reprimand the young detainee;
(c)	impose an administrative penalty, or a combination of administrative penalties, on the young detainee.
(2)	The relevant presiding officer must ensure that the disciplinary action against a young detainee for a disciplinary breach is proportionate to the breach.
1329	Administrative penalties
Each of the following is an administrative penalty:
(a)	a fine, not exceeding $500;
(b)	a withdrawal of privileges, for not longer than 180 days;
(c)	anything declared by regulation to be an administrative penalty.
1330	Maximum administrative penalties
(1)	This section applies if—
(a)	a young detainee is charged with 2 or more disciplinary breaches; and
(b)	the charges arise out of the same conduct.
(2)	The total of the administrative penalties imposed for the breaches must not, for any particular kind of penalty, be more than the maximum penalty that may be imposed for any 1 of the breaches.
1331	Privileges and entitlements—impact of discipline
To remove any doubt—
(a)	anything expressed in part 10.5 (Living conditions at detention places) to be an entitlement for this chapter is not affected by anything that happens under this chapter, including disciplinary action; and
(b)	anything else mentioned in part 10.5 is, for this chapter, a privilege.
1332	Record of disciplinary action
(1)	The chief executive must keep a record of any disciplinary action taken against a young detainee.
Note	The record must be available for inspection under s 1012.
(2)	The record must include details of the following:
(a)	the young detainee’s name;
(b)	the disciplinary breach;
(c)	a brief statement of the conduct to which the disciplinary breach applies and when, or the period during which, it happened;
(d)	the disciplinary action taken against the young detainee;
(e)	anything else prescribed by regulation.
(3)	The record must also include details of any finding by a relevant presiding officer that a disciplinary breach is proven against the young detainee if the relevant presiding officer decides not to take disciplinary action against the young detainee.

Chapter 13	Conduct of disciplinary inquiries
Part 13.1	Conduct of disciplinary inquiries—general
1400	Application—ch 13
This chapter applies to an inquiry under any of the following:
(a)	division 12.3.2 (Internal disciplinary inquiry);
(b)	division 12.3.3 (External review of inquiry decisions).
1401	Definitions—ch 13
In this chapter:
	advocate, of an accused detainee—see section 1321 (2).
	presiding officer, for an inquiry, means the relevant presiding officer under division 12.3.4 (Disciplinary action generally) for the inquiry.

Part 13.2	Disciplinary inquiry procedures
1402	Nature of disciplinary inquiries
(1)	To remove any doubt, an inquiry is an administrative process.
(2)	At an inquiry—
(a)	the rules of natural justice apply; and
(b)	the laws of evidence do not apply; and
(c)	evidence must not be given on oath or by affidavit; and
(d)	the question whether a young detainee has committed a disciplinary breach must be decided on the balance of probabilities.
1403	Notice of disciplinary inquiry etc
(1)	The presiding officer for an inquiry in relation to an accused detainee must give written notice of the inquiry to the accused detainee and the public advocate.
(2)	The notice must include the following:
(a)	a statement about where and when the inquiry is to start;
(b)	details of the disciplinary charge or disciplinary action to which the inquiry relates;
(c)	a statement about the effect of section 1402;
(d)	a statement about the effect of subsection (3) and subsection (4);
(e)	a statement to the effect that the presiding officer may hold a hearing for the inquiry in accordance with part 13.3 (Disciplinary hearing procedures).
(3)	The accused detainee may make written submissions to the presiding officer for the inquiry and, for this purpose, is entitled to receive reasonable assistance from any advocate.
(4)	However, the accused detainee is entitled to reasonable assistance from the chief executive to put the submissions into writing.
Examples—when assistance would be reasonable
1	if the accused detainee cannot put the submissions in writing
2	if the accused detainee has difficulty putting the submissions in writing
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).
(5)	The presiding officer must consider any written submission given to the presiding officer by the accused detainee before the closing date for submissions stated in the notice of the inquiry given to the accused detainee.
1404	Conduct of disciplinary inquiries
(1)	An inquiry in relation to a charge must be conducted with as little formality and technicality, and as quickly as the requirements of this Act and a proper consideration of the charge allow.
(2)	The presiding officer at an inquiry may hold a hearing for the inquiry.
(3)	A hearing for an inquiry must be held in accordance with part 13.3.
(4)	Proceedings at an inquiry are not open to the public, unless the presiding officer decides otherwise in a particular case.
(5)	A decision of the presiding officer at an inquiry is not invalid only because of any informality or lack of form.
1405	Presiding officer may require official reports
(1)	For an inquiry, the presiding officer may, by written notice given to any of the following, require the person to give the presiding officer a written report about the accused detainee:
(a)	the chief executive;
(b)	the director of public prosecutions;
(c)	a public servant.
(2)	The person given the notice must comply with it.
1406	Presiding officer may require information and documents
(1)	For an inquiry, the presiding officer may, by written notice given to a person, require the person—
(a)	to provide stated information to the presiding officer relevant to the inquiry; or
(b)	to produce to the presiding officer a stated document or thing relevant to the inquiry.
(2)	This section does not require a person to give information, or produce a document or other thing, to the presiding officer if the Minister certifies in writing that giving the information, or producing the document or other thing—
(a)	may endanger a young detainee or anyone else; or
(b)	is contrary to the public interest.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
1407	Possession of inquiry documents etc
The presiding officer may have possession of a document or other thing produced to the presiding officer for an inquiry for as long as the presiding officer considers necessary for the inquiry.
1408	Record of inquiry
The presiding officer for an inquiry must keep a written record of proceedings at the inquiry.

Part 13.3	Disciplinary hearing procedures
1409	Notice of disciplinary hearing
(1)	The presiding officer for an inquiry in relation to an accused detainee must give written notice of a hearing for the inquiry to the accused detainee and the chief executive.
(2)	The notice must include the following:
(a)	a statement about where and when the hearing is to be held;
(b)	a statement about the accused detainee’s entitlements under section 1410 and section 1411 (Rights of accused detainee at disciplinary hearing);
(c)	a statement about the effect of section 1412 (Exclusion of accused detainee from hearing) and section 1413 (Hearing in accused detainee’s absence).
(3)	To remove any doubt, the hearing may be held at the detention place where the accused detainee is detained.
1410	Presiding officer’s powers at inquiry
(1)	For a hearing for an inquiry in relation to an accused detainee, the presiding officer may, by written notice given to the accused detainee or anyone else, require the person to appear before the presiding officer, at a stated time and place, to do either or both of the following:
(a)	answer questions;
(b)	produce a stated document or other thing relevant to the inquiry.
(2)	A person is taken to have complied with a notice under subsection (1) (b) if the person gives the document or other thing to the presiding officer before the time stated in the notice for its production.
(3)	The presiding officer at a hearing for an inquiry may require the accused detainee, or a witness, appearing before the presiding officer to do 1 or more of the following:
(a)	answer a question relevant to the inquiry;
(b)	produce a document or other thing relevant to the inquiry.
(4)	The presiding officer at the hearing may disallow a question put to a person if the presiding member considers the question is unfair or unduly prejudicial.
Note 	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
(5)	The presiding officer may allow an authorised person or anyone else to be present, and to be heard, at a disciplinary hearing.
1411	Rights of accused detainee at disciplinary hearing
(1)	The accused detainee is entitled to be present at a hearing for an inquiry in relation to the accused detainee.
Note	However, the accused detainee may be excluded (see s 1412) and the hearing may be conducted if the accused detainee fails to attend (see s 1413).
(2)	If the accused detainee appears at a hearing for an inquiry in relation to the accused detainee, the accused detainee is entitled—
(a)	to be heard, to examine and cross-examine witnesses and to make submissions for the inquiry; and
(b)	to have an advocate or lawyer present to make submissions on the accused detainee’s behalf.
1412	Exclusion of accused detainee from hearing
The presiding officer may, by written order, exclude the accused detainee from a hearing for the inquiry if the accused detainee—
(a)	unreasonably interrupts, interferes with or obstructs the hearing; or
(b)	contravenes a reasonable direction by the presiding officer about the conduct of hearing.
1413	Hearing in accused detainee’s absence
If the accused detainee fails to attend a hearing for the inquiry, the presiding officer may conduct the hearing, and make a decision on the charge, in the accused detainee’s absence.
1414	Appearance at disciplinary hearing by audiovisual or audio link
(1)	This section applies if, in relation to a hearing for an inquiry, or part of the hearing, the presiding officer has given a direction under the following sections of the Evidence (Miscellaneous Provisions) Act 1991:
(a)	section 20 (Territory courts may take evidence and submissions from outside ACT); 
(b)	section 32 (Use of link in proceedings).
(2)	A person may appear and take part in the hearing in accordance with the direction, if the person—
(a)	is required or entitled to appear personally, whether as the accused detainee or as a witness; or
(b)	is entitled to appear for someone else.
(3)	A person who appears at the hearing under this section is taken to be before the presiding officer.