Australian Capital Territory Bills Explanatory Statements Australian Capital Territory Bills Explanatory Statements[Index] [Search] [Download] [Bill] [Help]
2012
THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY
CHILDREN AND YOUNG PEOPLE AMENDMENT BILL 2012 (No 2)
EXPLANATORY STATEMENT
Presented by
Joy Burch MLA
Minister for Disability, Children and Young People
Introduction
This Explanatory Statement relates to the Children and Young People
Amendment Bill 2012 (No 2) as presented in the Legislative Assembly. It has
been prepared in order to assist the reader of the Bill and to help inform
debate on it. It does not form part of the Bill and has not been endorsed by the
Legislative Assembly.
The Statement must to be read in conjunction with
the Bill. It is not, and is not meant to be, a comprehensive description of the
Bill. What is said about a provision is not to be taken as an authoritative
guide to the meaning of a provision, this being a task for the courts.
Outline
The purpose of this Bill is to make minor amendments to the Children
and Young People Act 2008 (the Act) that will improve the interpretation of
the Act and the provision of services to children, young people and
families.
The Bill engages the following rights in the Human Rights Act
2004: the right to life (section 9(1)); the right to not be punished in a
cruel, inhuman or degrading way (section 10(1)(b)); the right to protection of
children (section 11); the right to freedom of movement (section 13); and the
right to humane treatment when deprived of liberty (section 19(1)).
Amendments
Clause 1 Name of the Act
This is a technical clause and sets
out the name of the new Act as the Children and Young People Amendment Act
2012 (No 2).
Clause 2 Commencement
This clause enables
the new Act to commence on a day nominated by the Minister in a commencement
notice.
Clause 3 Legislation amended
This clause identifies
the Act to be amended is the Children and Young People
Act
2008.
Clause 4 Managing use of force
New sections 223
(3A) and (3B)
This clause
sets out that the director-general must give notice to a treating doctor or a
nurse if force is used, unless it is used for the purposes of planned use of
restraint when a young detainee is outside a detention place.
For
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.
This provision engages the following rights in the
Human Rights Act 2004:
a) Right to life (section
9(1));
b) Right to not be punished in a cruel, inhuman or degrading way
(section 10(1)(b));
c) Right to protection of children (section
11(2));
d) Right to freedom of movement (section 13); and
e) Right to
humane treatment when deprived of liberty (section 19(1)).
The amendment
maintains current requirements around the use of force including that the
circumstances are sufficiently serious to justify the use; the kind of restraint
is appropriate in the circumstances; and the restraint is used appropriately in
the circumstances.
Clause 5 Section 223 (5)
This technical
clause ensures provisions in the Act are consistent by substituting ‘child
or young person’ with ‘young detainee’ in provisions under
section 223 and Division 6.6.4.
Clause 6 Strip searches directed by
director-general
Section 258 (1) (a) (ii)
This clause omits
‘good order’ being a basis to conduct a strip search under the
Act.
This amendment engages the following rights in the Human Rights
Act 2004:
a) Right to not be punished in a cruel, inhuman or
degrading way
(section 10(1)(b));
b) Right to protection of the child
(section 11(2));
c) Right to privacy (section 12); and
d) Right to humane
treatment when deprived of liberty (section 19(1)).
The amendment
protects these rights by limiting the grounds on which strip searches may take
place.
Clause 7 Body searches directed by
director-general
Section 264 (1) (b)
This clause omits
‘good order’ being a basis to conduct a body search under the
Act.
This amendment engages the following rights in the Human Rights
Act 2004:
e) Right to not be punished in a cruel, inhuman or
degrading way
(section 10(1)(b));
f) Right to protection of the child
(section 11(2));
g) Right to privacy (section 12); and
h) Right to humane
treatment when deprived of liberty (section 19(1)).
The amendment
protects these rights by limiting the grounds on which body searches may take
place.
Clause 8 Revocation of foster carer’s authorisation
New sections 523 (1) (d) and (e)
This clause sets out a new
provision for the revocation of a foster carer’s authorisation.
Clause 9 Revocation of residential care service’s
authorisation
New sections 524 (1) (d) and (e)
This clause sets
out a new provision for the revocation of a residential care service’s
authorisation.
Clause 10 Children and young people deaths
register
Section 727N (4)
This clause makes clear that any
coronial inquest or review by the Territory must have ended before cause or
circumstances of the death of a child or young person is placed on the
register.