Review of the Children and Young People Act 1999

Latest News

* 8 May 2008 - Introduction of the Children and Young People (Consequential Amendments) Bill 2008.
* 6 March 2008 - Introduction of the Children and Young People Bill 2008

Children and Young People Bill 2008

The Children and Young People Bill 2008  was introduced in the ACT Legislative Assembly on 6 March 2008 by the Minister for Children and Young People, Katy Gallagher and Attorney General, Simon Corbell.

The Bill proposes significant reform to the law relating to children and young people in the Territory, particularly in the areas of care and protection, youth justice, the regulation of childcare services and employment. The Bill will replace the Children and Young People Act 1999.

The Bill has been informed by a comprehensive review of the 1999 Act.

The Children and Young People (Consequential Amendments) Bill 2008 was introduced in the ACT Legislative Assembly on 8 May 2008. The Bill amends legislation because of the enactment of the Children and Young People Act 2008 and provides transitional arrangements for the implementation of the new Act.

Background of the Review of the 1999 Act

The Children and Young People Act 1999 provided for an operational review within three years of the Act's commencement. The Act commenced on 10 May 2000.

The review has involved extensive community consultation with community members, children and young people, community organisations, government agencies, legal agencies, ministerial advisory councils, unions and the judiciary.

The review was also informed by a number of government reports and inquiries which themselves have involved significant consultation with community.

The review has led to a number of important changes for children and young people in the Territory, with key amendments to the 1999 Act.

The Minister for Children and Young People, Katy Gallagher has tabled three reports on the findings from consultations conducted for the review of the Act.

An exposure draft of the Children and Young People Bill was released for consultation in early 2007.

Review Findings to Date

The Key Findings Report  was tabled in the ACT Legislative Assembly on 16 February 2006. It reports on key findings of consultations conducted between 2002 and 2004 and summarises the recommendations of relevant reviews and inquiries, and their related Government Responses.

The Second Key Findings Report was tabled in the ACT Legislative Assembly on 12 December 2006. It reports on the key findings of consultations conducted from 23 January to 3 March 2006 on the review of the Act. The Department of Disability, Housing and Community Services, the Department of Justice and Community Safety and the Youth Coalition of the ACT held targeted community consultations with young people and key community, government, legal and advocacy agencies.

The Third Key Findings Report was tabled in the ACT Legislative Assembly on 30 August 2007. It reports on the key findings of consultations conducted from 12 January to 9 March 2007 on the Children and Young People Bill 2007 released by the ACT Government as an Exposure Draft.

Children and Young People Bill - Exposure Draft

An exposure draft  of the Bill was released for community consultation between 12 January to 9 March 2007. Further information

• Access the exposure draft and a summary explanatory statement
• Summary of Presentation at Information Sessions on the Children and Young People Bill 2007 313KB
• Summary of questions and answers from the sessions 56KB

Recent Amendments to the Children and Young People Act 1999

The Children and Young People Amendment Act 2006  was passed in the ACT Legislative Assembly on 9 March 2006.

The Act introduced:

• A new principle to help families understand care and protection procedures;
• Cultural plans for Aboriginal and Torres Strait Islander children and young people;
• An exception for mandated reporters in the same setting to report identical concerns for a child or young person;
• The introduction of a new concept of a child or young person being at risk of abuse or neglect;
• Clarification of persons required by law to report child abuse; and
• A new framework for the protection and release of information under the Act.

The Children and Young People Amendment Act 2006 (No.2)  was passed in the ACT Legislative Assembly on 21 November 2006. The Act removed two sunset clauses relating to the power to make standing orders at Quamby Youth Detention Centre and to exempt work experience programs from the operation of the employment chapter in the Act.

The Children and Young People Amendment Act 2007  was passed in the ACT Legislative Assembly on 8 March 2007. The Act introduces prenatal reporting and a revised search and seizure scheme for children and young people detained at the Quamby Youth Detention Centre.