2009

THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

CHILDREN AND YOUNG PEOPLE AMENDMENT BILL 2009 (No.2)

EXPLANATORY STATEMENT

Presented by 
Joy Burch MLA
Minister for Disability, Housing and Community Services

Children and Young People Amendment Bill 2009 (No.2)

Outline

The Children and Young People Amendment Bill 2009 (No. 2) is intended to provide clarity of interpretation regarding two main subject areas of the Children and Young People Act 2008; the provision of temporary standard exemptions for childcare licensees and the information sharing provisions. 

Clause 1 – Name of Bill
This clause provides that the Bill is the Children and Young People Amendment Bill 2009 (No.2). 

Clause 2 – Commencement 
This clause provides that the Act commences on the day after its notification.

Clause 3 – Legislation amended
This clause provides that the Act amends the Children and Young People Act 2008.

Clause 4 – Section 365 (2) — Prenatal report information is sensitive information This clause provides an additional subsection enabling the information gathered following receipt of a prenatal report to be included within the definition of a prenatal report. All prenatal report information is sensitive information providing an appropriate level of protection to the reporter and mainatining the right to privacy of the pregnant woman. 

Clause 5 – Section 749 (2) - Childcare service licence -childcare service standards This clause enables the granting of a temporary standard exemption for a reasonable period of time.  The determination of what is reasonable includes consideration of the matters prescribed in s749(2)(a-d).  

Clause 6 – Section 749 (2A)
This new clause enables the provision of temporary standard exemptions for childcare licensees through the granting of exemptions on more than one occasion during a license period for any one standard.  

Clause7 – Section 749 (4) 
This clause omits s794(4) as it is replaced by s749(2). 

Clause 8 – Section 749 (5) 
This clause enables the Chief Executive a temporary standard exemption for a reasonable period.  The determination of what is reasonable includes consideration of the matters prescribed in s749(2)(a-d). 

Clause 9 – Section 843 — Who is an information holder?
This clause provides an additional reference in the notes regarding the new section 865A.  

Clause 10 – Section 845 (2) — What is sensitive information? 
This clause replaces the previous definition of care and protection report information including all information gathered pursuant to actions taken following receipt of a child concern report, a child protection report or prenatal report of the Children and Young People Act 2008, a child protection report or prenatal report of the Children and Young People Act 1999 and reporters of a notification under the Children’s Services Act 1986.

Clause 11 – Section 857 — Certain identifying information not to be given 
This clause ensures the protection of reporters who make a prenatal report under the Children and Young People Act 2008, reporters under the Children and Young People Act 1999 and reporters of a notification under the Children’s Services Act 1986.

Clause 12 – Section 857 (b)
This clause inserts a reference to a notification as this is the terminology used by the Children’s Services Act 1986 when referring to a child concern or child protection report. 

Clause 13 – Section 865A — Giving protected information to police 
This clause provides an authority and discretion to the Chief Executive for the provision of protected information including the names of reporters, to the Australian Federal Police when conducting a criminal investigation: 
•	when requested following a referral made by the Chief Executive to Police under section 360(4)(c); or
•	when the provision of the information is in the best interests of a child or young person or children and young people.

Clause 14 – Section 867 (2)(d) — Investigative entity may divulge protected information 
This clause ensures the protection of reporters who have made a prenatal report under the Act, a report under the Children and Young People Act 1999 and a notification under the Children’s Services Act 1986.

Clause 15 – Section 875 (1) — Interaction with other laws 
This clause ensures that the restrictions contained in this Act continue to apply to an information holders who is performing a function under another law that is not a purpose under this Act.