Australian Capital Territory
Children and Young People (Places of Detention) Standing Order 2005 (No 1)
Disallowable instrument DI2005–167
made under the  
Children and Young People Act 1999, Chapter 14, Standards and Standing Orders – Section 403 (Standing Order-Making Power) and Section 418 (Standing Orders May Operate Retrospectively). 
EXPLANATORY STATEMENT

Section 403 of the Children and Young People Act 1999 allows the Minister to make a Standing Order for this Act. 

The Standing Orders made under this instrument are as follows: 

1. Orders, Instructions and Duties;
2. Reception, Classification and Handover of Young Persons;
3. Young Person at Risk of Self Harm and/or Suicide;
4. Aboriginal and Torres Strait Islander Young Persons;
5. Property;
6. Behaviour Management Strategies;
7. Young Person Complaints, Rights and Responsibilities;
8. Video Surveillance/Recording;
9.   Visits and Visitors;
10. Health and Medical;
11. First Aid and Communicable Disease and Infection Control;
12. Hospital Watch;
13. Notifiable Incidents and Reports;
14. Use of Force;
15. Searches; 
16. Drug Reporting;
17. Assaults;
18. Escapes and Attempted Escapes;
19. Death in Custody;
20. Interviewing of Young Persons;
21. Emergency Situations;
22. Escorts;
23. Vehicle Checks and Maintenance; and 
24. Liaison with Other Agencies; and
25. leave Guidelines
26. Access and Physical Security.

Section 403 A of the Children and Young People Act 1999, enables the Minister to certify that a Standing Order or a stated provision of a Standing Order applies to the security of a place of detention and/or the safety of people at a place of detention, and that its publication would be contrary to public interest. The Minister for Children, Youth and Family Support has made such a certification in relation to the following Standing Orders: 

8. Video Surveillance/Recording;
12. Hospital Watch; 
14. Use of Force;
15. Searches; 
17. Assaults;
18. Escapes and Attempted Escapes;
21. Emergency Situations;
22. Escorts;
23. Vehicle Checks and Maintenance; and 
26. Access and Physical Security. 
Section 418 (Standing orders may operate retrospective) applies to a standing order made under section 403 within 28 days after the day that section of the Children and Young People Act 1999 commences.  The Disallowable Instrument Children and Young People (Places of Detention) Standing Order 2005 (No 1) is taken to have commenced from 10 May 2000.

Section 418 (2) allows that the standing order may provide that the standing order (or a provision of the standing order) commences on a date not earlier than 10 May 2000.
	(3)  Subsection (2) has effect despite the Legislation Act, section 76 
       (Non-prejudicial provision may commence retrospectively).
	(4)  The standing order has effect—
	(a)	as if it had been enacted by an Act; and
	(b)	despite anything in—
	(i)	this Act (other than this section); or
	(ii)	any other territory law, including the Listening Devices Act 1992; but
	(c)	subject to the Human Rights Act 2004.

[ends]