2005
LEGISLATIVE ASSEMBLY FOR 
THE AUSTRALIAN CAPITAL TERRITORY

CHILDREN AND YOUNG PEOPLE AMENDMENT BILL 2005 (No 2)

SUPPLEMENTARY EXPLANATORY STATEMENT

GOVERNMENT AMENDMENTS

Presented by
Katy Gallagher MLA
Minister for Children, Youth and Family Support

February 2006

SUMMARY OF CLAUSES

Clause 1 This clause removes the requirement for a mandated reporter to report abuse or neglect of a child or young person if the reporter reasonably believes that another person has made a report to the chief executive about the same child or young person and the same abuse or injury.  For example, a doctor in a hospital would not be required to report sexual abuse of a child if the doctor believed that a nurse has reported the same abuse about the same child to the chief executive.

Clauses 2 and 3 These clauses provide that the chief executive must provide reports on children and young people for whom the chief executive has parental responsibility to the Public Advocate if the incident giving rise to the report involves the authorised carer or happened while the child or young person was in an approved care placement.  This includes children and young people placed in out-of-home care or on approved contact visits.  The intention of the provision is for the Public Advocate to provide oversight of the chief executive’s actions in relation to children and young people allegedly abused or neglected in care or while on an approved contact visit.

Clause 4 This clause amends the section and title of Public Advocate to be told about some incidents.

Clause 5 This clause amends the meaning of child abuse appraisal information to include incident reports being sent to the Public Advocate.  

Clause 6 This clause amends the section and title of Public Advocate to be told about some incidents.

Clause 7 This clause inserts transitional amendments relating to work experience of children and young people.  Recent legal advice indicated that work experience may fall within the scope of the employment provisions under the Act.  The clause excludes work experience programs for children and young people arranged by educational institutions from the operation of the employment provisions.