2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Children and Young People)
Children and Young People Legislation Amendment Bill 2016

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Adoption Act 1993
	4	Sections 14 to 17	3
	5	Guardianship before adoption
Section 36 (2) (a)	4
	6	Application for approval
Section 81 (2)	4
Part 3	Children and Young People Act 2008
	7	Aspects of parental responsibility may be transferred
Section 17 (1), new note	5
	8	Aspects of parental responsibility may be shared
Section 18 (1), new note	5
	9	Director‑general must give identity cards
New section 26 (1A)	5
	10	Care plans—director‑general delegations
Section 457A, notes 2 and 3	6
	11	Section 495	6
	12	Section 501A heading	7
	13	Section 501A, notes 2 and 3	7
	14	New section 503A	7
	15	New section 513A	8
	16	Section 514G	8
	17	New section 529BA	8
	18	New section 529HA	9
	19	Financial assistance—previous out-of-home carer
Section 529JA (1) (b) to (d)	9
	20	Section 529JA (2)	9
	21	Section 529JA (3)	10
	22	Section 529JA (5)	10
	23	Entitlement to personal items
Section 529K (b) and note	10
	24	Access to protected information—young person
Section 529L (1) (b) and notes	10
	25	Section 529L (2) to (5)	11
	26	Access to protected information—young adult
Section 529M (b) and notes	11
	27	New section 529NA	12
	28	Annual report
Section 727S	12
	29	Care teams—sharing safety and wellbeing information
Section 863 (5), notes 2 and 3	12
	30	New chapter 30	13
	31	Dictionary, new definition of previous out‑of‑home carer	14

2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Children and Young People)
Children and Young People Legislation Amendment Bill 2016

A Bill for
An Act to amend legislation about children and young people

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Children and Young People Legislation Amendment Act 2016.
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 Adoption Act 1993 and the Children and Young People Act 2008.

Part 2	Adoption Act 1993
4	Sections 14 to 17
substitute
14	Additional requirements for adoption of child or young person
An adoption order for a child or young person may be made in favour of a person only if—
	(a)	the person is on the register of suitable people; and
	(b)	for an order to be made in favour of 2 people jointly—
	(i)	they have lived together in a domestic partnership for at least 3 years (whether or not married or in a civil union); and
	(ii)	the court considers they have demonstrated the stability of, and their commitment to, their domestic partnership; and
	(c)	for an order to be made in favour of 1 person only—the person either—
	(i)	is a step parent of the child or young person; or
	(ii)	is not in a domestic partnership; and
	(d)	if the person is a step-parent of the child or young person—the Family Court of Australia has given the step-parent leave to commence a proceeding for the adoption of the child or young person under the Family Law Act 1975 (Cwlth), section 60G (Family Court may grant leave for adoption proceedings by prescribed adopting parent); and
	(e)	if the person is a relative of the child or young person—the court considers that—
	(i)	the family circumstances mean that it would be beneficial for the child or young person if the relationships within the family were redefined in the way the order would redefine them; and
	(ii)	it would not be preferable to make an order relating to guardianship or custody of the child or young person.
5	Guardianship before adoption
Section 36 (2) (a)
substitute
	(a)	the application for adoption is made by a step-parent and a parent of the child or young person has a continuing role as a parent; or
6	Application for approval
Section 81 (2)
omit
resident in the Territory 

Part 3	Children and Young People Act 2008
7	Aspects of parental responsibility may be transferred
Section 17 (1), new note
insert
Note	If parental responsibility for a child or young person is transferred to the director‑general, the director‑general may delegate the responsibility to a responsible person for an approved kinship and foster care organisation, who may subdelegate it to an approved carer who is a kinship carer or foster carer for the child or young person (see s 503A).  However, the director‑general is obliged to ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act, s 238).
8	Aspects of parental responsibility may be shared
Section 18 (1), new note
insert
Note	If parental responsibility for a child or young person is shared with the director‑general, the director‑general may delegate the responsibility to a responsible person for an approved kinship and foster care organisation, who may subdelegate it to an approved carer who is a kinship carer or foster carer for the child or young person (see s 503A).  However, the director‑general is obliged to ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act, s 238).
9	Director‑general must give identity cards
New section 26 (1A)
insert
	(1A)	However, this section does not apply to a delegation, or subdelegation, under any of the following sections:
	(a)	section 457A (Care plans—director‑general delegations);
	(b)	section 501A (Annual review report—director‑general delegations);
	(c)	section 503A (Parental responsibility—director‑general delegations);
	(d)	section 513A (Placement with out-of-home carer—director‑general delegations);
	(e)	section 514G (Approved carers—director‑general delegations);
	(f)	section 529HA (Transition plans—director‑general delegations);
	(g)	section 529NA (Access to protected information—director‑general delegations);
	(h)	section 863 (5) (Care teams—sharing safety and wellbeing information).
10	Care plans—director‑general delegations
Section 457A, notes 2 and 3
omit
11	Section 495
substitute
495	Annual review report—prepared at least annually
The director‑general must prepare an annual review report for a reviewable care and protection order—
	(a)	at least once every 12 months while the order is in force; or
	(b)	if the order is in force for less than 12 months—when the order expires.
12	Section 501A heading
substitute
501A	Annual review report—director‑general delegations
13	Section 501A, notes 2 and 3
omit
14	New section 503A
in part 15.1, insert
503A	Parental responsibility—director‑general delegations
If parental responsibility for a child or young person is transferred to, or shared with, the director‑general—
	(a)	the director‑general may delegate the parental responsibility to a responsible person for an approved kinship and foster care organisation; and
	(b)	the responsible person may subdelegate the parental responsibility to an approved carer who is a kinship carer or foster carer for the child or young person.
Note 1	Approved kinship and foster care organisation—see s 502.
Approved carer—see s 514B.
Kinship carer—see s 516 (2).
Foster carer—see s 518 (2).
Note 2	The director‑general is obliged to ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act, s 238).  In addition, the director‑general may provide that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions (see Legislation Act, s 234 and s 239).  For other provisions about the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
15	New section 513A
513A	Placement with out-of-home carer—director‑general delegations
The director‑general may delegate any of the director‑general’s functions under this division to a responsible person for an approved kinship and foster care organisation.
16	Section 514G
substitute
514G	Approved carers—director‑general delegations
The director‑general may delegate any of the director‑general’s functions under this division to a responsible person for an approved kinship and foster care organisation.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
17	New section 529BA
in division 15.5.1, insert
529BA	Who is a previous out-of-home carer for a young person or young adult?—pt 15.5
In this part:
previous out-of-home carer, for a young person or young adult, means an out-of-home carer with whom the director-general had placed the young person or young adult when they were a child or young person.
18	New section 529HA
in division 15.5.2, insert
529HA	Transition plans—director-general delegations
The director-general may delegate any of the director-general’s functions under this division to—
	(a)	a responsible person for an approved kinship and foster care organisation; or
	(b)	a responsible person for a residential care service.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
19	Financial assistance—previous out-of-home carer
Section 529JA (1) (b) to (d)
substitute
	(b)	a transition plan is in force for the young adult which provides for the young adult to live with a previous out-of-home carer; and
	(c)	the young adult is in fact living with the previous out-of-home carer.
Note	Previous out-of-home carer, for a young adult—see s 529BA.
20	Section 529JA (2)
omit
previous carer
substitute
previous out-of-home carer
21	Section 529JA (3)
omit
previous carer’s
substitute
previous out-of-home carer’s
22	Section 529JA (5)
omit
previous carer
substitute
previous out-of-home carer
23	Entitlement to personal items
Section 529K (b) and note
substitute
	(b)	an approved kinship and foster care organisation; or
	(c)	a previous out-of-home carer for the young person or young adult.
Note 1	Previous out-of-home carer, for a young person or young adult—see s 529BA.
Note 2	Some out-of-home carers are required to keep personal items during placements (see div 15.4.3).
24	Access to protected information—young person
Section 529L (1) (b) and notes
substitute
	(b)	an approved kinship and foster care organisation; or
	(c)	a previous out-of-home carer for the young person.
Note 1	Previous out-of-home carer, for a young person—see s 529BA.
Protected information—see s 844.
Note 2	Some out-of-home carers are required to keep protected information (see div 15.4.3).
25	Section 529L (2) to (5)
omit
out-of-home carer
substitute
organisation or carer
26	Access to protected information—young adult
Section 529M (b) and notes
substitute
	(b)	an approved kinship and foster care organisation; or
	(c)	a previous out-of-home carer for the young adult.
Note 1	Previous out-of-home carer, for a young adult—see s 529BA.
Protected information—see s 844.
Note 2	Some out‑of‑home carers are required to keep protected information (see div 15.4.3).
27	New section 529NA
in division 15.5.4, insert
529NA	Access to protected information—director-general delegations
The director-general may delegate any of the director-general’s functions under this division to—
	(a)	a responsible person for an approved kinship and foster care organisation; or
	(b)	a responsible person for a residential care service.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
28	Annual report
Section 727S
omit
financial year
substitute
calendar year
29	Care teams—sharing safety and wellbeing information
Section 863 (5), notes 2 and 3
omit
30	New chapter 30
insert
Chapter 30	Transitional—Children and Young People Legislation Amendment Act 2016
986	CYP death review committee—annual report 2016
	(1)	If the commencement day is on or before 30 June 2016, the CYP death review committee’s annual report under section 727S for 2016 must also report about deaths included on the register during the period 1 July 2015 to 31 December 2015.
	(2)	If the commencement day is on or after 1 July 2016—
	(a)	the CYP death review committee need not report to the Minister under section 727S for 2016; but
	(b)	the committee’s annual report for 2017 must also report about deaths included on the register during the period 1 July 2016 to 31 December 2016.
	(3)	In this section:
commencement day means the day the Children and Young People Legislation Amendment Act 2016, section 28 commences.
	(4)	This chapter expires on 30 June 2018.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
31	Dictionary, new definition of previous out‑of‑home carer
insert
previous out‑of‑home carer, for a young person or young adult, for part 15.5 (Transition to adulthood)—see section 529BA.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 3 May 2016.
2	Notification
	Notified under the Legislation Act on	2016.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2016