Children and Young People Regulation 2009

This regulation is the Children and Young People Regulation 2009.

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The register must state in relation to each search if the young detainee is an Aboriginal or Torres Strait Islander person.

The Aboriginal and Torres Strait Islander children and young people commissioner is prescribed.

The Aboriginal and Torres Strait Islander children and young people commissioner is prescribed.

The following purposes are prescribed as care and protection purposes:

to provide placement prevention, reunification and supported contact services in a—

home or community setting; or

residential setting;

to provide clinical services;

to provide engagement, empowerment and advocacy services;

to provide transition to adulthood services.

significant cultural decision, in relation to a child or young person—

means a long-term decision about a child’s or young person’s cultural identity; and

includes a decision that would result in either or both of the following:

the child or young person regularly participating in activities for the purpose of observing a particular cultural group;

the child or young person regularly participating in education associated with a particular cultural group.

significant education decision, in relation to a child or young person—

means a long-term decision about the education of the child or young person; and

includes a decision to do any of the following:

enrol, or change the enrolment of, the child or young person in a school, training program or apprenticeship;

register the child or young person for home education under the Education Act 2004, part 5.2;

apply for an exemption certificate for the child or young person under the Education Act 2004, part 2.3.

significant religious decision, in relation to a child or young person—

means a long-term decision about the religion of a child or young person; and

includes a decision that would result in any of the following:

the child or young person being initiated into a particular religion;

the child or young person regularly participating in activities for the purpose of observing a particular religion;

the child or young person regularly participating in education associated with a particular religion.

Example—par (b) (i)

baptism

Examples—par (b) (ii)

attending church services, following religious dietary practices

Part 1.2 Care and protection decisions

column 1

item

column 2

function

column 3

decision

column 4

prescribed person

1

short-term parental responsibility provision

long-term decision in relation to support or service to be given to parent of child or young person

 parent of child or young person

2

contact provision in relation to deciding who may have contact with child or young person

long-term decision or other significant decision about person to have contact with child or young person

 person to have contact

 child or young person

 parent of child or young person

 carer of child or young person

3

contact provision in relation to deciding who may have contact with child or young person

long-term decision or other significant decision about person not to have contact with child or young person

 person not to have contact

 child or young person

 parent of child or young person

 carer of child or young person

4

contact provision in relation to deciding any conditions for person’s contact with child or young person

long-term decision or other significant decision to place condition on person’s contact with child or young person in relation to frequency or duration of contact

 person with condition placed on contact

 child or young person

 parent of child or young person

 carer of child or young person

5

drug use provision in relation to giving directions about undergoing drug testing

any direction given

 parent subject to provision

6

residence provision to decide where or with whom child or young person must live

long-term decision or other significant decision about placement of child or young person

 child or young person

 parent of child or young person

 carer of child or young person

7

daily care responsibility under Act, s 512

long-term decision or other significant decision about placement of child or young person

 child or young person

 parent of child or young person

 carer of child or young person

8

supervision provision

long-term decision

 parent subject to provision

9

parental responsibility provision

significant cultural decision

 child or young person

 parent of child or young person

 carer of child or young person

10

parental responsibility provision

significant education decision

 child or young person

 parent of child or young person

 carer of child or young person

11

parental responsibility provision

long-term decision about child or young person’s health

 child or young person

 parent of child or young person

 carer of child or young person

12

parental responsibility provision

significant religious decision

 child or young person

 parent of child or young person

 carer of child or young person

13

Aboriginal or Torres Strait Islander cultural plan

proposal about preservation and enhancement of identity of child or young person

 child or young person

 parent of child or young person

 carer of child or young person

14

parental responsibility provision in relation to Aboriginal or Torres Strait Islander cultural plan

long-term decision about implementation of plan

 child or young person

 parent of child or young person

 carer of child or young person

15

Act, s 513

long-term decision or other significant decision about placement of Aboriginal or Torres Strait Islander child or young person in accordance with Aboriginal or Torres Strait Islander cultural plan

 child or young person

 parent of child or young person

 carer of child or young person

Part 1.3 Assistance decisions

column 1

item

column 2

section

column 3

decision

column 4

prescribed person

1

503

refuse to provide assistance to child or young person

 child or young person

 carer of child or young person

 parent of child or young person

2

529I

refuse to provide assistance to child, young person or young adult

 child or young person

 young adult

 parent of child, young person or young adult

3

529J

refuse to provide financial assistance to child, young person or young adult

 child or young person

 young adult

4

529JA

refuse to provide financial assistance to previous out-of-home carer of young adult

 young adult

 previous out-of-home carer

Dictionary

Note Terms used in this regulation have the same meaning that they have in the Children and Young People Act 2008. For example, the following terms are defined in the Children and Young People Act 2008, dict:

 Aboriginal and Torres Strait Islander children and young people commissioner

 Aboriginal or Torres Strait Islander person

 child (see s 11)

 daily care responsibility (see s 19)

 out-of-home carer (see s 508)

 parent (see s 16 (2))

 young adult

 young person (see s 12).

Aboriginal or Torres Strait Islander cultural plan, for schedule 1 (Internally reviewable decisions—care and protection)—see the Act, section 513 (3).

carer, of child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

long-term decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant cultural decision in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant education decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant religious decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

The director-general is prescribed for a decision mentioned in schedule 1.

The following decisions are prescribed:

a decision of the director-general mentioned in schedule 1, part 1.2, column 3 exercising a function mentioned in column 2 for the decision;

a decision of the director-general mentioned in schedule 1, part 1.3, column 3 under a section of the Act mentioned in column 2 for the decision.

The following people are prescribed:

for a decision mentioned in schedule 1, part 1.2—a person mentioned in column 4 for the decision;

for a decision mentioned in schedule 1, part 1.3—a person mentioned in column 4 for the decision.

Schedule 1 Internally reviewable decisions—care and protection

(see s 6 and s 7)

Part 1.1 Preliminary

1.1 Definitions—sch 1

In this schedule:

Aboriginal or Torres Strait Islander cultural plan—see the Act, section 513 (3).

carer, of child or young person—

means an out-of-home carer; and

includes a previous carer and a prospective carer.

long-term decision, in relation to a child or young person—

means a decision that will or is likely to have implications for the child’s or young person’s long-term wellbeing; but

does not include—

a decision that is routine in nature or of temporary effect; or

a decision that has been reviewed, or is reviewable, by another entity.

Examples—par (b) (i)

1 arrangements for the temporary care of the child or young person

2 decision that child or young person not attend an event due to temporary illness

3 taking child or young person to routine GP or dental appointments

significant cultural decision, in relation to a child or young person—

means a long-term decision about a child’s or young person’s cultural identity; and

includes a decision that would result in either or both of the following:

the child or young person regularly participating in activities for the purpose of observing a particular cultural group;

the child or young person regularly participating in education associated with a particular cultural group.

significant education decision, in relation to a child or young person—

means a long-term decision about the education of the child or young person; and

includes a decision to do any of the following:

enrol, or change the enrolment of, the child or young person in a school, training program or apprenticeship;

register the child or young person for home education under the Education Act 2004, part 5.2;

apply for an exemption certificate for the child or young person under the Education Act 2004, part 2.3.

significant religious decision, in relation to a child or young person—

means a long-term decision about the religion of a child or young person; and

includes a decision that would result in any of the following:

the child or young person being initiated into a particular religion;

the child or young person regularly participating in activities for the purpose of observing a particular religion;

the child or young person regularly participating in education associated with a particular religion.

Example—par (b) (i)

baptism

Examples—par (b) (ii)

attending church services, following religious dietary practices

Part 1.2 Care and protection decisions

column 1

item

column 2

function

column 3

decision

column 4

prescribed person

1

short-term parental responsibility provision

long-term decision in relation to support or service to be given to parent of child or young person

 parent of child or young person

2

contact provision in relation to deciding who may have contact with child or young person

long-term decision or other significant decision about person to have contact with child or young person

 person to have contact

 child or young person

 parent of child or young person

 carer of child or young person

3

contact provision in relation to deciding who may have contact with child or young person

long-term decision or other significant decision about person not to have contact with child or young person

 person not to have contact

 child or young person

 parent of child or young person

 carer of child or young person

4

contact provision in relation to deciding any conditions for person’s contact with child or young person

long-term decision or other significant decision to place condition on person’s contact with child or young person in relation to frequency or duration of contact

 person with condition placed on contact

 child or young person

 parent of child or young person

 carer of child or young person

5

drug use provision in relation to giving directions about undergoing drug testing

any direction given

 parent subject to provision

6

residence provision to decide where or with whom child or young person must live

long-term decision or other significant decision about placement of child or young person

 child or young person

 parent of child or young person

 carer of child or young person

7

daily care responsibility under Act, s 512

long-term decision or other significant decision about placement of child or young person

 child or young person

 parent of child or young person

 carer of child or young person

8

supervision provision

long-term decision

 parent subject to provision

9

parental responsibility provision

significant cultural decision

 child or young person

 parent of child or young person

 carer of child or young person

10

parental responsibility provision

significant education decision

 child or young person

 parent of child or young person

 carer of child or young person

11

parental responsibility provision

long-term decision about child or young person’s health

 child or young person

 parent of child or young person

 carer of child or young person

12

parental responsibility provision

significant religious decision

 child or young person

 parent of child or young person

 carer of child or young person

13

Aboriginal or Torres Strait Islander cultural plan

proposal about preservation and enhancement of identity of child or young person

 child or young person

 parent of child or young person

 carer of child or young person

14

parental responsibility provision in relation to Aboriginal or Torres Strait Islander cultural plan

long-term decision about implementation of plan

 child or young person

 parent of child or young person

 carer of child or young person

15

Act, s 513

long-term decision or other significant decision about placement of Aboriginal or Torres Strait Islander child or young person in accordance with Aboriginal or Torres Strait Islander cultural plan

 child or young person

 parent of child or young person

 carer of child or young person

Part 1.3 Assistance decisions

column 1

item

column 2

section

column 3

decision

column 4

prescribed person

1

503

refuse to provide assistance to child or young person

 child or young person

 carer of child or young person

 parent of child or young person

2

529I

refuse to provide assistance to child, young person or young adult

 child or young person

 young adult

 parent of child, young person or young adult

3

529J

refuse to provide financial assistance to child, young person or young adult

 child or young person

 young adult

4

529JA

refuse to provide financial assistance to previous out-of-home carer of young adult

 young adult

 previous out-of-home carer

Dictionary

Note Terms used in this regulation have the same meaning that they have in the Children and Young People Act 2008. For example, the following terms are defined in the Children and Young People Act 2008, dict:

 Aboriginal and Torres Strait Islander children and young people commissioner

 Aboriginal or Torres Strait Islander person

 child (see s 11)

 daily care responsibility (see s 19)

 out-of-home carer (see s 508)

 parent (see s 16 (2))

 young adult

 young person (see s 12).

Aboriginal or Torres Strait Islander cultural plan, for schedule 1 (Internally reviewable decisions—care and protection)—see the Act, section 513 (3).

carer, of child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

long-term decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant cultural decision in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant education decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.

significant religious decision, in relation to a child or young person, for schedule 1 (Internally reviewable decisions—care and protection)—see schedule 1, section 1.1.