2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Community Services)
Children and Young People Amendment Bill 2012

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Managing use of force
New section 223 (3A) and (3B)	2
	5	Section 223 (5)	2
	6	Strip searches directed by director‑general
Section 258 (1) (a) (ii)	3
	7	Body searches directed by director‑general
Section 264 (1) (b)	3
	8	Revocation of foster carer’s authorisation
New section 523 (1) (d) and (e)	3
	9	Revocation of residential care service’s authorisation
New section 524 (1) (d) and (e)	3
	10	Children and young people deaths register
Section 727N (4), except examples and note	4

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Community Services)
Children and Young People Amendment Bill 2012

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

    

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

1	Name of Act
This Act is the Children and Young People Amendment Act 2012.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Children and Young People Act 2008.
4	Managing use of force
New section 223 (3A) and (3B)
insert
	(3A)	The director-general must give notice to a treating doctor or a nurse if force is used in relation to a young detainee.
	(3B)	However, subsection (3A) does not apply to the planned use of restraint in relation to a young detainee when the detainee is outside a detention place.
Example
the use of handcuffs on a young offender who has been assessed as being at risk of attempting to escape while being transported to court
5	Section 223 (5)
omit
child or young person
substitute
young detainee
6	Strip searches directed by director‑general
Section 258 (1) (a) (ii)
omit
or good order 
7	Body searches directed by director‑general
Section 264 (1) (b)
omit
or good order 
8	Revocation of foster carer’s authorisation
New section 523 (1) (d) and (e)
after the note, insert
	(d)	has not acted as a foster carer in the previous 12 months; or
	(e)	is no longer available to act as a foster carer.
Example
the foster carer has moved and reasonable efforts to locate the foster carer have been unsuccessful
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).
9	Revocation of residential care service’s authorisation
New section 524 (1) (d) and (e)
after the note, insert
	(d)	has not acted as a residential care service in the previous 12 months; or
	(e)	is no longer available to act as a residential care service.
Example
an entity closes its residential care service places in the 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).
10	Children and young people deaths register
Section 727N (4), except examples and note
substitute
	(4)	The CYP death review committee must not include any information on the register about the cause or circumstances of the death of a child or young person until any coronial inquest or review by the Territory has ended.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 10 May 	2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012