Australian Capital Territory

Children and Young People – Care and Protection Services Delegations 2006

Instrument of Delegation – NI2006-254

made under the

Children and Young People Act 1999, section 34 (Delegation by Chief Executive)

Under section 34 of the Children and Young People Act I revoke all previous delegations relating to Care and Protection Service staff and I delegate to the persons for the time being holding or performing the duties of an office specified in Column 1 of the Schedule, my powers under the provisions of the Act specified in Column 3 of the Schedule in relation to that office and which position numbers are stated in the Table of Delegations.

Sandra J Lambert
Chief Executive
Department of Disability, Housing and Community Services

Date: 10 July 2006

TABLE OF DELEGATIONS

A	Executive Director, Office for Children, Youth and Family Support, 
Position No. E386	
B	Director, Care and Protection Services, Position No. E280	
C	Director, Client and Adolescent Services, Position No. E389	
D	Director, Partnerships, Position No. E390	
E	Manager, Care, Position No. PO 3847
Manager, Protection, Position No. PO 3004	
F	Operational Managers, Position Nos: (PO) 7421, 3849, 7420, 3375	
G	Team Leaders and Specialist Practitioners, Position Nos: 
(PO) 3881, 7358, 3854,3853, 3856, 4388,3856, 11512, 7522, 7520, 7519,7484,7521,7423,7424,3174,9256, 9242, 4424, 7444, 7445, 9257, 8087 and 0030	
H	Manager, Service and Sector Development, Position No. PO1300	
I	Manager, Client Services, Position No. PO 11506	
J	Care and Protection Services caseworkers, Position Nos:  
(PO) 7369,11436,7841,11549,60540, 10167, 7365, 7363, 7359, 7414, 7361, 7371, 7367, 3883, 7373, 7360, 4423, 32205, 7370, 7412,3984, 11538, 7838, 7429, 7843, 7848, 7840, 11534, 7837, 7419, 7372, 7374, 7448, 7366, 11528, 7416, 7417, 7523, 7524,33645, 12037, 7832, 298, 7433, 11401, 10443, 00314, 11391, 3347, 12537, 0036, 11421, 10448, 3173, 0253, 4417, 4419, 10446, 7415, 11420, 7863, 11403, 0595, 7860, 3348, 0608, 3346, 7861, 3349, 7432, 3345, 7858, 11427, 33702, 7362, 12763, 7842, 7831, 0053, 11542, 7427, 7851, 0501, 11541, 7413, 11423, 7857, 7869, 12939, 7375, 7418, 7446, 4421, 7852, 7368, 1816, 10442, 7451, 3275, 4071, 10414, 11385, 10413, 4245.	
K	Manager, Integrated Court Services, Position No. PO 2789	
L	Placement Manager, Service and Sector Development, Position No. T 00098	

SCHEDULE OF DELEGATIONS

Column 1	Column 2	Column 3 (provisions of Act)	
A
B
E
F
G	Subject:

Power and/or function:

Reference:	Indigenous Care Plans

Approve on behalf of the Chief Executive Indigenous Care Plans.

section 15(5) – CYPAA	
A
B
E
F
G
J

	Subject:

Power and/or function:

Reference:	Day to day parental responsibility decisions

Exercise parental responsibility for day to day matters on behalf of the Chief Executive for a child or young person for whom the Chief Executive has parental responsibility

section 20	
A
B
E
F

	Subject:

Power and/or function:

Reference:	Long term parental responsibility decisions

Exercise parental responsibility for long term matters on behalf of the Chief Executive for a child or young person for whom the Chief Executive has parental responsibility

section 21	
A
B
E
F
G
I
	Subject:

Power and/or function:

Reference:	Who the Chief Executive can get assistance from.

Make a request of a Territory authority or statutory office holder to provide information, advice, guidance, assistance, documents, facilities or services relevant to the physical or emotional welfare of children and young people

section 28(1)	
A
B
E
F
G
I
	Subject:

Power and/or function:

Reference:	Give and receive information

Give a defined entity information relevant to the safety, welfare and wellbeing of children and young people

Ask a defined entity to give information relevant to the safety, welfare and wellbeing of children and young people

section 29(1)	
A
B
D
E
H
L
	Subject:

Power and/or function:

Reference:	Enter agreements for general exercise of parental responsibility (GPA)

Enter into an agreement with an individual or a body (‘the carer’) for the carer to exercise parental responsibility on behalf of the Chief Executive

section 30(1)	
A
B
E
F
	Subject:

Power and/or function:

Reference:	Authorise a carer to exercise parental responsibility for a particular child or young person

Orally or in writing authorise –
(a)	a carer with whom there exists an agreement under section 30 to exercise parental responsibility on behalf of the Chief Executive; or
(b)	a member of kin of a child or young person to exercise parental responsibility on behalf of the Chief Executive

section 31 (1)	
A
B
E
F
G
J	 Subject:

Power and/or function:

Reference:	Monitoring children and young people for whom Chief Executive has parental responsibility

Enter and inspect the place where the child or young person is living to ensure that the child or young person is being properly cared for on behalf of the Chief Executive.

section 32(1)	
A
B
E	Subject:

Power and/or function:

Reference:	Aftercare assistance

Arrange financial or other assistance to be provided after parental responsibility by the Chief Executive has ceased.

section 33	
A
B	Subject:

Power and/or function:

Reference:	Assistance by the Chief Executive to the Children’s Services Council

Provide advice and assistance to the Children’s Services Council

section 40	
A
B
C
D	Subject:

Power and/or function:

Reference:	Provision of information to the Public Advocate

Provide information, advice, guidance, assistance, documents, facilities or services relevant to the physical and emotional welfare of children and young people as requested by the Public Advocate

section 45	
A
B
C
D	Subject:

Power and/or function:

Reference:	Suitable entities

Appoint, engage, employ or authorise an entity to provide services for a child or young person under this Act only if the Chief Executive is satisfied that the entity is a suitable entity to provide the services; or

Allow an entity access to information about a child or young person under this Act only if satisfied that the entity is a suitable entity to have access to the information

section 47(1)	
A
B
C
D	Subject:

Power and/or function:

Reference:	Identity cards

Issue to each officer an identity card that specifies the officer’s name and includes a photograph of the officer

section 49	
A
B
E
F	Subject:

Power and/or function:

Reference:	Provision of a report to the Court and the Public Advocate

Provision of a report to the Court and the Public Advocate within 15 days after the Court has acted under s75(1)

section 75(6)	
A
B
C
E
F
G
J
K
I

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit)	Subject:

Power and/or function:

Reference:	Helping families understand care and protection procedures

Provide the relevant people with sufficient information about the decision making process to allow them to take part fully in the decision-making process

section 155A CYPAA	
A
B
E
F
G	Subject:

Power and/or function:

Reference:	Action in relation to a report

Determine the action taken following receipt of a report pursuant to sections 158 or 159

section 161(1)	
A
B
E
F
G
J	Subject:

Power and/or function:

References:	Voluntary and mandatory reports 

Receive and record reports made pursuant to sections 158 and 159.(CYPA)

Receive and record reports made pursuant to sections 158 or 159 and each child protection appraisal made because of a report (CYPAA)

section 162(1) CYPA
section 162 CYPAA	
A
B
E

Position number PO 7483	Subject:

Power and/or function:

References:	Reports to the Public Advocate 
Information to the Public Advocate

Provision of reports where at the time the report was made, the Chief Executive had parental responsibility for the child or young person (CYPA)

Provision of reports to the Public Advocate where at the time the report was made, the Chief Executive had parental responsibility for the child or young person and the alleged incident involved the authorised carer or an approved care placement. (CYPAA)

Provision to the Public Advocate of what action, if any, the Chief Executive has taken because of the appraisal. (CYPAA)

section 162(2) CYPA
section 189A CYPAA	
A
B
E
F
G
J	 Subject:

Power and/or function:

Reference:	Receive a report from the Public Advocate

Receive and record reports made by the Public Advocate pursuant to sections 158 and 159.

section 164	
A
C	Subject:

Power and/or function:

Reference:	Appointment of facilitators

Appoint, by notice in the Gazette, facilitators for Family Group Conferences

section 166                 	
A
C
I	Subject:

Power and/or function:

Reference:	Register of facilitators

Set up and maintain a register of facilitators

section 167                        	
A
C
I	Subject:

Power and/or function:

Reference:	Arranging a Family Group Conference 

Arrange a Family Group Conference and assign a facilitator to the conference

section 168(1) & (3)                              	
A
C
I	Subject:

Power and/or function:

Reference:	Not conducting a Family Group Conference.

Receive on behalf of the Chief Executive a notification by the facilitator that the conference is not to be conducted.

section 169(4)  	
A
C
I	Subject:

Power and/or function:

Reference:	Financial assistance to conference participants

Permit and authorise financial assistance to be provided to a person to allow him or her to take part in a conference

section 170 	
A
C
I	Subject:

Power and/or function:

Reference:	Outcome of conference

Receive on behalf of the Chief Executive a written record of the outcome of the conference from the facilitator.

section 173(1) 	
A
B
C
E
F
I	Subject:

Power and/or function:

Reference:	Signed conference agreement

Provide a copy of the signed agreement to each conference participant, each person who was invited to attend but did not attend and each person with parental responsibility who was not invited to attend, and take such steps to implement and maintain the arrangements recorded in the agreement

section 174(1)	
A
B
C
E
F
I	Subject:

Power and/or function:

Reference:	Reconvening of a Family Group Conference 

Reconvening the conference when notice has been received that a conference has not resulted in a signed agreement

section 174(2)                         	
A
B
C
E
F
	Subject:

Power and/or function:

Reference:	Application to the Children’s Court for Registration of the signed Family Group Conference Agreement

To make an application on behalf of the Chief Executive to register a signed agreement

section 175 (2)                                  	
A
C
I	Subject:

Power and/or function:

Reference:	Review of arrangements in a signed Family Group Conference agreement.

Convening a conference to review the arrangements for the care and protection of a child or young person in a signed agreement as stated in the agreement or as requested by the child, young person or person with parental responsibility for the child or young person

section 178              	
A
B
E
F
G	Subject:

Power and/or function:

Reference:	Voluntary care agreements

Enter into and negotiate a voluntary care agreement with a person with parental responsibility for the period of the agreement

section 182(1) & 182(2) 	
A
B
E
F	Subject:

Power and/or function:

Reference:	Voluntary care agreements

End a voluntary care agreement with a child or young person or a person with parental responsibility for the child or young person

section 182(2)	
A
B
E
F	Subject:

Power and/or function:

Reference:	Extending a voluntary care agreement

Agree in writing to the extension of the voluntary are agreement

section 183(1)	
A
B
E
F	Subject:

Power and/or function:

Reference:	Early termination of a voluntary agreement

Give notice in writing on behalf of the Chief Executive ending the voluntary care agreement

section 186	
A
B
E
F	Subject:

Power and/or function:

Reference:	Parental contributions

Seek contribution for the cost of care of the child or young person, where an agreement has been entered into that the Chief Executive exercise parental responsibility, from the person with parental responsibility

section 188	
A
B
E
F
G
J	Subject:

Power and/or function:

Reference:	Child Protection Appraisal

Make an appraisal of the circumstances of the child or young person where there exists a suspicion the child or young person is in need of care and protection

section 189(1) 	
A
B
E
F	Subject:

Power and/or function:

Reference:	Assistance with assessment

Seek assistance from the Commissioner of Police in carrying out an appraisal or special assessment.

section 192	
A
B
E
F

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit)
	Subject:

Power and/or function:

Reference:	Care and Protection applications to Children’s Court

Apply for an order where there is a reasonable belief that the child or young person is in need of care and protection; or
Apply for an assessment where there is a suspicion that a child or young person is in need of acre and protection

section 195 (1) & (2)	
A
B
E
K	Subject:

Power and/or function:

Reference:	Applications for care and protection orders by other people

A person may consult with the Chief Executive before making an application for a care and protection order

section 196 	
A
B
E
F

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit) 	Subject:

Power and/or function:

Reference:	Application for variation, extension or revocation of a care and protection order

Application for an extension, variation or revocation of a care and protection order

section 214	
A
B
E
F

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit)	Subject:

Power and/or function:

Reference:	Application for a care and protection assessment order

Apply to the Court for an assessment order if appropriate to do so

section 215 (1)	
A
B
E
F
G

Professional staff in Care and Protection Services who have been provided with written authorization by the Manager, Care or Manager, Protection following completion of relevant training	Subject:

Power and/or function:

Reference:	Taking of emergency care and protection action

Take emergency action where it is reasonably believed that a child or young person is in immediate need of care and protection or would be in need if immediate care and protection were not provided.

section 222 	
A
B
E
F
G
J	Subject:

Power and/or function:

Reference:	Emergency action by police officer

Receive notice from the police that action has been taken and the reasons for taking that action

section 223 (1)(a)    	
A
B
E
F
G
	Subject:

Power and/or function:

Reference:	Placement of child or young person after emergency action

Decide where a child or young person is to be delivered following emergency action taken by police

section 223(1)(c)	
A
B
E
F	Subject:

Power and/or function:

Reference:	Authorise parental responsibility to be exercised by a police officer

Authorise a police officer to exercise parental responsibility on behalf of the Chief Executive when emergency action has been taken.

section 224(3)	
A
B

	Subject:

Power and/or function:

Reference:	Losing parental responsibility

Deliver the child or young person into the care of a former care giver or someone with parental responsibility for the child or young person where after emergency action is taken, no order has been made.

section 225(5) 	
A
B
E
F
G
K

Professional staff in Care and Protection Services who have written authority pursuant to section 222

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit)	Subject:

Power and/or function:

Reference:	Notice of emergency action

Give notice that emergency action has been taken to each person with parental responsibility who has not already been told about the action, the Community Advocate and the court.

section 226	
A
B
E
F
G	Subject:

Power and/or function:

Reference:	Contact with children where emergency action has been taken

Authority to determine a contact visit is not in the best interests of a child or young person.

section 229	
A
B
E
F
K
G

Professional staff in Care and Protection Services who have written authority pursuant to section 222	Subject:

Power and/or function:

Reference:	Record of action

Maintain a written record of any emergency action taken, including particulars of any notice given by police officers.

section 230	
A
B
E	Subject:

Power and/or function:

Reference:	Action by Chief Executive under therapeutic protection order

Provide or cause to be done actions on the basis that it is in the best interests of the child or young person subject to an order

section 237	
A
B
E
	Subject:

Power and/or function:

Reference:	Filing of a schedule for a variation or revocation of a therapeutic protection order

File a schedule in accordance with the Act when served with an application to vary or revoke a therapeutic protection order

section 239(2)	
A
B	Subject:

Power and/or function:

Reference:	Provision of a schedule to the Public Advocate

Upon request of the Public Advocate, provide a written schedule in accordance with the requirements of the Act

section 243	
A
B
E
F
G

	Subject:

Power and/or function:

Reference:	Court ordered meeting

Attend meetings on behalf of the Chief Executive as ordered by the court in respect of final care and protection proceedings

section 252(1)	
A
B
E
F
G	Subject:

Power and/or function:

Reference:	Care plan for a child or young person

Prepare a written care plan on behalf of the Chief Executive in relation to the care and protection of the child or young person

section 259	
A
B
D	Subject:

Power and/or function:

Reference:	Receipt of court ordered financial contributions

Receive monies on behalf of the Chief Executive in compliance with the Children’s Court orders

section 263(1)	
A
B
	Subject:

Power and/or function:

Reference:	Financial assistance for children on enduring parental responsibility orders

Determine and arrange for the provision of financial or other assistance to the person in whose favour the enduring parental responsibility order is made, on the terms and conditions that are considered appropriate.

section 263 (4)	
A
B
E
F
K

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit)	Subject:

Power and/or function:

Reference:	Application for revocation or variation of orders

Apply on behalf of the Chief Executive for a care and protection order to be varied or revoked

section 264(1)	
A
B
E
F
K

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit) 	Subject:

Power and/or function:

Reference:	Provision of Annual Review Reports

Prepare and serve a report where a final care and protection order is in place for a period longer than 6 months in relation to a child or young person, and the Chief Executive has parental responsibility for the child or young person, or the child or young person is subject to a supervision order 

section 267 	
A
B
E
F	Subject:

Power and/or function:

Reference:	Application to waive the obligation to give an Annual Review Report 

Make an application to the court for an order waiving the need to comply with section 267 if it is not in the best interests of the child or young person for a copy of the report to be given to someone who should otherwise receive a copy of it,

section 268	
A
B
E
	Subject:

Power and/or function:

Reference:	Application for a warrant

Make an application for a warrant to the court for the purpose of having a child or young person taken into safe custody if someone has contravened an order in force and as a result the child or young person is in danger; or
The child or young person is absent without lawful authority or excuse from the place in which he or she is required under the order to live.

section 270 (2)	
A
B
C
E
F
G
K

Position numbers:
P11298, T00201, PO7517, P10151, PO7817, 12040 (Court Unit)	Subject:

Power and/or function:

Reference:	Representation of the Chief Executive in court

Appear before the court on behalf of the Chief Executive

section 287 (2)	
A
B
E
F
G
K

Position numbers:
P11298, T00201, PO7517, P10151, PO7817 (Court Unit)	Subject:

Power and/or function:

Reference:	Filing of consent orders on behalf of the Chief Executive

Filing of consent orders on behalf of the Chief Executive and in accordance with the Act

section 296	
A
B
E
K	Subject:

Power and/or function:

Reference:	Administrative transfer of care and protection orders (participating states)

Do all things necessary to commence or give effect to an administrative transfer of care and protection orders

section 300	
A
B
E
K	Subject:

Power and/or function:

Reference:	Administrative transfer of care and protection orders (participating states)

Do all things necessary to commence or give effect to an administrative transfer of care and protection orders

section 302	
A
B
E
K

	Subject:

Power and/or function:

Reference:	Make an application for a judicial transfer of orders

Make an application to the Court for a judicial transfer of a care and protection order to a participating state

section 304	
A
B
E
K	Subject:

Power and/or function:

Reference:	Court ordered transfer of care and protection orders

Do all things necessary to make an application for and give effect to a transfer of a care and protection order to a participating state

sections 305, 310, 311	
A
B
E
K	Subject:

Power and/or function:

Reference:	Provision of Care Plans

Provide a copy of the care plan to all parties to the proceedings (judicial transfers)

section 308(2)	
A
B
E
K
	Subject:

Power and/or function:

Reference:	Registration of Interstate care and protection orders

Do all things necessary to register and give effect to a transfer of a care and protection orders received from a participating State

section 315 	
A
B
E
K	Subject:

Power and/or function:

Reference:	Application for revocation of the registration of a child protection order transferred to the ACT under interstate law

Making of an application for a revocation of the registration of an order

section 318	
A
B
E
F
K	Subject:

Power and/or function:

Reference:	Disclosure of information for transfer proceedings

Disclose information to an interstate officer if it is considered necessary to do so to allow the interstate officer to perform duties or exercise powers under a child welfare law or an interstate law

section 323	
A
B
E
F
K	Subject:

Power and/or function:

Reference:	Administrative transfer of care and protection orders (non-participating states)

Do all things necessary to commence or give effect to an administrative transfer of care and protection orders 

sections 323C, 323 E	
A
B
E
F
G
	Subject:

Power and/or function:

Reference:	Administrative transfer of care and protection orders (non-participating states)

Ask a welfare body to assume parental responsibility for a child or young person 

section 323 G 	
A	Subject:

Power and/or function:

Reference:	Employment of children

Receive information as to work to be performed by a child or young person in defined circumstances.

section 371(2) 	
A	Subject:

Power and/or function:

Reference:	Dangerous employment

Consent or refuse an application proposing to employ a young child to engage in activities dangerous to the health or safety of the child.

section 374	
A	Subject:

Power and/or function:

Reference:	Regulation of employment

Serve notice(s) on employer(s) prohibiting a child or young person being employed, or state the conditions to be complied with by the employer in relation to the employment of the child or young person

section 375	
A
B
C
E
K
	Subject:

Power and/or function:

Reference:	Appeal to the Supreme Court

Do all things necessary to commence and prosecute an appeal or to defend an appeal arising out of a care and protection proceeding

section 380 (3)	
A
B	Subject:

Power and/or function:

Reference:	Search warrant and entry in emergencies

Enter upon land, premises, vehicle, vessel and search for anything connected with an offence against this Act, including under warrant, with consent or pursuant to an emergency, and conduct a personal search of the clothing or body of a child or young person, in accordance with the rules for conduct provided at section 400 of the Act.

section 395, 399, 401 	
A
B
E
F
G	Subject:

Power and/or function:

Reference:	Search and entry in emergencies

Enter on any land, or on or into premises, vessel or vehicle when there is a reasonable belief it is necessary to do so under the Act and is made in circumstances of seriousness and urgency to require immediate search and entry without the authority of a warrant

section 397	
A
B
E
F
G	Subject:

Power and/or function:

Reference:	Request for consent and provision of advice

Request consent to entry and advise person they may refuse to give their consent.

section 398(2) & (3)	
A
B
E
F
	Subject:

Power and/or function:

Reference:	Personal searches

On the basis of a reasonable suspicion that a child or young person has in their possession a thing that may, if used or allowed to remain cause serious damage to the health of the child or young person or someone else or threaten the life of the child or young person or someone else and a personal search is necessary to recover that thing

section 399 (4)	
A
B
E
F
	Subject:

Power and/or function:

Reference:	Safekeeping of things seized

Record items seized in accordance with the Act, be responsible for the safekeeping of items seized and take reasonable steps to return the thing to the child or young person upon their release

section 401	
A
B
C
D
	Subject:

Power and/or function:

Reference:	Standards

Prepare and publish standards to be applied for the purposes of the Act.

section 402 (2)(a)	
A
B
C
D
E
F
G
I	Subject:

Power and/or function:

Reference:	Divulging protected and/or sensitive information

Provision on behalf of the Chief Executive of protected information (including sensitive information) if it is in the best interests of the child or young person to do so.

section 405 H (1)(CYPAA)	
A
B
E
F
K

	Subject:

Power and/or function:

Reference:	Right of appearance

Appear or authorise someone to appear on behalf of the Chief Executive at the hearing in any court of an application, proceeding or matter under this Act or in relation to which this Act applies, to be heard and to call witnesses.

section 409	
A
C
I	Subject:

Power and/or function:

Reference:	Divulging protected information (including sensitive information) to the Chief Executive by a Family Group Conference facilitator

A facilitator may give the Chief Executive protected information (including sensitive information) about a child or young person if the facilitator considers the giving of the information is in the best interests of the child or young person.

section 405H (2) CYPAA	
A
B
C
D	Subject:

Power and/or function:

Reference:	Notify births in some circumstances

Where Chief Executive becomes aware that a substitute parent agreement has resulted in a birth

section 414	
A
	Subject:

Power and/or function:

Reference:	Determination of Fees

Determine fees for the purposes of the Act

section 416	
A
B
C
D
	Subject:

Power and/or function:

Reference:	Approval of forms for this Act

Approval of forms for this Act. These are notifiable documents.

section 416A