Children, Youth and Families Amendment (Permanent Care and

Other Matters) Bill 2014

Introduction Print

EXPLANATORY MEMORANDUM

Clause Notes

Clause 1 states the purposes of the Bill. The main purposes of the Bill include amending the Children, Youth and Families Act 2005—

to make further provision for the protection and permanent care of children;

to abolish the Youth Residential Board and transfer its functions to the Youth Parole Board;

to provide for group conferences where the Children's Court is considering making certain youth justice orders; and

to further improve the operation of the Principal Act.

The Bill also amends the Commission for Children and Young People Act 2012 in relation to inquiries by the Commission, and makes consequential amendments to other Acts.

Clause 2 is the commencement provision. It provides that Parts 1, 9, Division 4 of Part 10 and Part 11 of the Bill come into operation the day after Royal Assent is received. The remaining provisions will come into operation on a day or days to be proclaimed, or, if not proclaimed sooner, on 1 March 2016. This allows time to prepare for the implementation of the

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extensive changes to the child protection system made by this Bill.

Clause 3 states that the Children, Youth and Families Act 2005 is called the Principal Act in this amendment Bill.

Clause 4 amends section 3(1) of the Principal Act to repeal definitions that are no longer required, inserts new definitions and makes consequential amendments to existing definitions as required by the changes to the child protection provisions made by Part 2 of this Bill.

Care by Secretary order, family preservation order, family reunification order and long-term care order means an order of the same name referred to in section 275 of the Principal Act (as amended by Part 2 of this Bill).

Parental responsibility means all the duties, powers, responsibilities and authority in relation to a child that parents ordinarily have by virtue of law or custom. This term replaces the concept of "custody" and "guardianship".

In the definition of care, the words "custody of" will be substituted with "parental responsibility" so that care, in relation to a child, will now mean the daily care and control of the child, whether or not involving parental responsibility.

In the definition of contact, the words "custody of" will be substituted by "care of" so that contact means contact (via visits or communication) between a child and a person who does not have care of the child.

In the definition of parent, the reference to "custody" is amended to "parental responsibility".

Clause 5 repeals sections 4 and 5 of the Principal Act. Section 4 of the Principal Act specifies the rights and responsibilities of a person who has guardianship over a child. Section 5 of the Principal Act specifies the rights and responsibilities of a person who has custody of a child. These sections are no longer necessary as the Bill replaces the concept of "custody" and "guardianship" with "parental responsibility".

Clause 6 amends section 10 of the Principal Act, which contains the best interests principles that apply to all decisions and actions in relation to a child.

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Subsection 10(3)(f) is amended to replace the word "stability" with "permanency", which includes the concept of permanency of care in the best interest principles.

Subsection 10(3)(p) is repealed and replaced with new subsection 10(3)(fa), which requires consideration of the desirability of making decisions as expeditiously as possible, as an addition to the existing principle regarding the possible harmful effect of delays, in making decisions or taking actions.

Clause 7 substitutes a new section 16(1)(g) into the Principal Act. New section 16(1)(g) provides that the Secretary's responsibilities will include providing, or arranging the provision of services to assist in supporting a person under the age of 21 years to gain the capacity to transition to independent living. This responsibility will exist where the Secretary has had parental responsibility for the person, and when this responsibility ends, the person will be of an age to live independently, or intends to live independently.

New section 16(1)(g) reflects the previous position but replaces the concepts of "custody" and "guardianship" with "parental responsibility".

Clause 8 amends section 19(1)(c) of the Principal Act to substitute "custody and guardianship of" with "parental responsibility for" so that the Secretary may authorise the person in charge of a registered community service or any person acting in that role to approve, on behalf of the Secretary, persons as suitable to have parental responsibility for a child.

Clause 9 substitutes a new heading to Division 2 of Part 4.3 of the Principal Act to reflect the replacement of the terms "guardian" and "custodian" with "parental responsibility".

Clause 10 amends section 172 of the Principal Act to reflect the replacement of the terms "guardian" and "custodian" with "parental responsibility". The Secretary's powers in section 172(1) apply in relation to a child for whom the Secretary has sole parental responsibility, and those in section 172(2) and (3) apply in relation to a child for whom the Secretary has parental responsibility.

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Clause 11 replaces the concepts of "custody" and guardianship" with "parental responsibility" in section 173 of the Principal Act, to specify that the Secretary's powers regarding placement of children in section 173(2) apply in relation to a child for whom the Secretary has parental responsibility under the Principal Act or the Adoption Act 1984.

Clause 12 amends sections 175A and 175B of the Principal Act (regarding the decisions that can be made in relation to a child) to refer to parental responsibility and the new protection orders.

Clause 12 also inserts new section 175C which provides that the Secretary must work with and engage any parent of the child with whom the child is intended to be reunified, to the fullest extent possible when making case planning decisions for a child who is on a specified child protection order. The Secretary must not make a decision about a major long-term issue in relation to the child if a parent with parental responsibility for the child disagrees with the decision, unless the decision is about a major long-term issue that the Secretary is expressly authorised to make under the Principal Act. The Secretary may make a decision on an issue in relation to the child that is not a major long-term issue without the agreement of a parent of the child.

Clause 13 inserts a new section 262(5A) into the Principal Act. This section states that an interim accommodation order must not be made in respect of a child if the Court is satisfied that a protection order or a permanent care order could be made in respect of the child. Section 262 is also amended to reflect the new child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of this Bill).

Clause 14 inserts a new section 263(fa) into the Principal Act, to allow an interim accommodation order to include a condition for the placement of a child with a disability service provider within the meaning of the Disability Act 2006 if the child is receiving disability services under that Act.

Clause 15 amends section 274(b) of the Principal Act to replace "custody of" with "care of" to reflect the new terms.

Clause 16 substitutes new sections 275(1)(b) to (h) into the Principal Act to update the references to child protection orders that the Court

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may make if the Court makes a finding under section 274 that a child is in need of protection or there is a substantial and irreconcilable difference between the child and a person with parental responsibility for the child.

The amendments to Part 4.9 of the Principal Act are intended to remove complexity of court processes and case plan decisions, and to reflect an intention that the Court consider whether the child may safely remain in the care of the child's parents, may be reunified with the child's parents, or should be cared for by the Secretary.

Clause 17 substitutes a new section 276(1)(b) into the Principal Act so that the Court must not make a protection order unless the Court is satisfied that the child cannot be sufficiently protected without one. Previously, the Court could not make a protection order unless satisfied that the Secretary had taken all reasonable steps to provide services necessary in the best interests of the child.

Subclause (2) substitutes a new section 276(2) into the Principal Act, so that the Court must not make a protection order which removes the child from the care of the child's parents unless the Court has considered an order allowing the child to remain in the care of the child's parents and has rejected such an order as being contrary to the best interests of the child. Previously, the Court was not able to make such an order unless satisfied that all reasonable steps had been taken by the Secretary to provide the services necessary to enable the child to remain in the custody of the child's parents.

Clause 18 inserts a new section 276A into the Principal Act, which requires the Court, when deciding to make a protection order, to have regard to certain matters. The Court must have regard to advice provided by the Secretary about—

the objectives of any case plan prepared by the Secretary;

the arrangements in place for the care of any siblings of the child who are under 18 years of age; and

the age of the child and period the child has spent in out of home care during the child's life (whether or not this is a consequence of a court order).

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When deciding to make a protection order that has the effect of conferring parental responsibility for the child on the Secretary, section 276A(3) requires the Court to have regard to advice provided by the Secretary about—

the likelihood of the child's parent permanently resuming care of the child during the period of the protection order;

the outcome of any previous attempts to reunify any child with the child's parent;

the desirability of making an early decision about the future permanent care arrangement for the child if the child's parent has previously had another child permanently removed from his or her care;

any benefits to the child of making a care by Secretary order to facilitate alternative arrangements for the permanent care of the child if the child is in out of home care under a protection order for a cumulative period of 12 months; there appears to be no realistic prospect of the child being able to safely return permanently to the care of the child's parents within a further period of 12 months; and there are no permanent care arrangements already available for the child; and

the desirability of making a permanent care order if the child is placed with a person who is intended to have permanent care of the child.

In determining a cumulative period, new section 276A(4) requires the Court to apply section 287A(4) so that certain periods are disregarded.

Clause 19 substitutes a new section 277 into the Principal Act, which requires the applicant in respect of specified applications in relation to child protection orders or undertakings to serve a copy of the application on any person by or on behalf of whom the application could have been made, and the applications regarding the extension of the period of a family preservation order, family reunification order or a care by Secretary order, to the child and child's parents.

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This amendment substantively reflects the previous section 277 with amendments to reflect the new types of protection orders that may be made under Part 4.9 of the Principal Act, as amended by Part 2 of this Bill.

Clause 20 substitutes a new heading to Division 3 of Part 4.9 of the Principal Act as "Family preservation order" as a consequence of the new child protection orders that may be made under the Principal Act.

Clause 21 amends section 280 of the Principal Act to update the references to the child protection orders in the heading and in section 280(1) and (2), and substitutes seven new subsections for sections 280(1)(b), 280(3) and 280(4).

New section 280(1)(b) provides that a family preservation order does not affect a person's parental responsibility for the child.

New section 280(3) provides that if the Court makes a family preservation order with a term that exceeds 12 months, the Court must direct the Secretary to review the operation of the order before the end of the first 12 month period.

New section 280(4) states that after conducting the review under section 280(3), the Secretary may end the family preservation order if the child's parents and the child (if aged 10 years or older) agree.

New sections 280(5) and 280(6) provide that if the Secretary decides to end the family preservation order under section 280(3), the Secretary must notify the Court and the order will end on the latter of: 12 months after it was made, or on the date of the Court notice.

New section 280(7) requires the Secretary to notify the Court, the child if aged 10 years or older, the child's parent and other persons directed by the Court if the family preservation order ends under new section 280(6).

Previously, sections 280(3) and (4) provided that a supervision order would end at the end of the first 12 month period unless the Secretary notified the Court, the child and other person's directed by the Court, that it was in the child's best interests for the supervision order to continue.

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Clause 22 amends section 281 of the Principal Act to update the references to child protection orders, and inserts 2 new subsections.

New section 281(1) provides that a family preservation order may include conditions to be observed by the child in respect of whom it is made or the parent of that child.

New section 281(1A) provides that the conditions which may be included on a family preservation order are conditions that the Court considers are in the best interests of the child, are reasonably capable to be carried out by each person who will be subject to the condition, and promotes the continuing care of the child by the child's parent.

Previously, the Court could include conditions on a supervision order to be observed by the child and child's parents which were in the best interests of the child.

Clause 23 amends section 282 of the Principal Act to update the references to child protection orders.

Clause 24 repeals Divisions 4 and 5 of Part 4.9 of the Principal Act, to reflect that custody to third party orders and supervised custody orders may no longer be made under the Principal Act.

Clause 25 substitutes a new heading to Division 6 of Part 4.9 of the Principal Act to refer to family reunification orders as a consequence of the new child protection orders which may be made under the Principal Act.

Clause 26 substitutes a new section 287 into the Principal Act regarding family reunification orders.

Section 287(1) states that a family reunification order—

confers parental responsibility for the child, and responsibility for the sole care of the child, on the Secretary;

subject to Division 6 of Part 4.9 of the Principal Act, remains in force for the period specified in the order, such period not to exceed 12 months;

may include any condition that Court considers to be in the best interests of the child, to be reasonably capable of being carried out by each person who will be subject to the condition and will promote the reunification of

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the child with the child's parent (under section 287(3), this may include a condition concerning contact between the child and child's parent, or child and another person significant to the child); and

must provide that the Secretary may direct that the child's parent is to resume parental responsibility for the child to the exclusion of the Secretary if the Secretary is satisfied that this is in the child's best interests.

Section 287(2) provides that, except as provided for in the Principal Act or by Court order, conferral of parental responsibility on the Secretary (pursuant to a family reunification order) does not affect the parental responsibility of any other person for the child in relation to making decisions regarding major long term issues.

Clause 27 inserts a new section 287A into the Principal Act, to provide for the period of a family reunification order to be determined. The section applies in respect of a child who is or has been in out of home care as a result of an interim accommodation order, family reunification order, care by Secretary order, long-term care order or therapeutic treatment (placement) order.

New section 287A(2) provides that if a child has been in out of home care for less than 12 months under one or more of the above orders, the period of the family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period of more than 12 months from the date the child was first placed in out of home care under the first of those orders.

New section 287A(3) states that if the child has been in out of home care for 12 to 24 months under one or more of the above orders, the period of the family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period of more than 24 months from the date was first placed in out of home care under the first of those orders.

New section 287A(4) specifies certain periods that must be disregarded for the purposes of determining a cumulative period.

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Clause 28 amends section 288 of the Principal Act to replace "custody to Secretary order" with "family reunification order" and replaces the concept of "guardianship" and "custody" with "parental responsibility". These amendments are consequential and reflect the new "family reunification order" replacing the previous "custody to Secretary order".

Clause 29 inserts a new section 288A into the Principal Act, to allow a family reunification order to change to a family preservation order when the parent resumes parental responsibility for the child, on the direction of the Secretary.

The Secretary must give a copy of a direction made to the Court, the child and child's parent, and may apply to the Court to determine conditions for the order. The Court may determine conditions for the order of a kind referred to in section 281 without requiring attendance by the parties.

New section 288A allows parents to resume parental responsibility for the child and conditions to be placed on family preservation orders expediently.

Clause 30 substitutes a new Division 7 of Part 4.9 into the Principal Act. This reflects that "care by Secretary orders" replace the previous "guardianship to Secretary orders" and that the concept of "guardianship" is replaced with "parental responsibility.

Under new section 289, a care by Secretary order will confer sole parental responsibility on the Secretary, will remain in force for 2 years and will end when the child turns 18 years or when the child marries. Such order must provide that the Secretary may direct that the parent resume parental responsibility for the child if the Secretary is satisfied this is in the child's best interests. The Secretary is also required to review the order within the first 12 months. After review, the Secretary may end the order with the parents' and child's (if aged 10 years or older) agreement. The Secretary must notify the Court if the Secretary ends the order and the order will end on the later of: 12 months after the order was made, or the day of the notice. If the order is to end in this way, the Secretary must notify the Court, the child (if aged 10 years or older), the child's parents and any other person directed by the Court that the order will end before the end of the 2 year period.

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Section 288 (which sets out the circumstances by which a family reunification order lapses) will apply to a care by Secretary order.

New section 289A which is inserted into the Principal Act allows a care by Secretary order to change to a family preservation order when the parent resumes parental responsibility for the child, on the direction of the Secretary.

The Secretary must give a copy of a direction made to the Court, the child and the child's parent, and may apply to the Court to determine conditions for the order. The Court may determine conditions for the order of a kind referred to in section 281 without requiring attendance by the parties.

New section 289A will allow parents to resume parental responsibility for the child, and conditions to be placed on family preservation orders deemed under subsection (1), expediently.

Clause 31 substitutes a new Division 8 of Part 4.9 into the Principal Act, which reflects that "long-term care orders" replace the previous "long-term guardianship to Secretary orders", and that the concept of "guardianship" is replaced with "parental responsibility".

Under new section 290, a long term care order confers sole parental responsibility for the child on the Secretary, remains in force until the child turns 18 years or the child marries, whichever happens first, and may be made instead of extending a care by Secretary order. Previously, a long-term guardianship to Secretary order could only be made in respect of a child who is 12 years and older. This is no longer a prerequisite to making a long-term care order.

The Secretary must review the order every 12 months. Following review, the Secretary may end the order, with the agreement of the child's parents and the child (if aged 10 years or older). The Secretary must notify the Court of the Secretary's determination and the order will end on the latter of: 12 months after the order was made or the date of the Court notice. The Secretary must also notify the Court, the child if aged 10 years or older, child's parents and any other person directed by the Court if the order will end early.

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The Court must not make a long-term care order unless the Court is satisfied that—

there is a person available for the child to continue to live with for the period of the order;

the person will not consent to a permanent care order being made (this is a new requirement);

the Secretary consents to the order being made;

if the child is 10 years or older, the child does not oppose the order being made (previously, a long-term guardianship to Secretary order could not be made unless the child consented to the order); and

the order is in the best interests of the child.

Section 288 (which sets out the circumstances by which a family reunification order lapses) will apply to a long-term care by Secretary order as if any reference to a "family reunification order" is a reference to a "long-term care by Secretary order".

Clause 32 repeals Division 9 of Part 4.9 of the Principal Act to reflect that interim protection orders may no longer be made under the Principal Act.

Clause 33 makes consequential amendments to section 293(1) (regarding extension of child protection orders) to update the names of the child protection orders to reflect the new child protection orders that may be made.

Section 293(4) of the Principal Act is repealed, to remove the restriction on the Secretary making an application to extend a guardianship order that does not exceed 12 months in duration.

Clause 34 inserts a new section 294A into the Principal Act regarding restrictions on extension of protection orders.

A family reunification order may not be extended unless there is compelling evidence that it is likely that a parent of the child will resume permanent care of the child during the extension period, and the child will not be in out of home care for a cumulative period exceeding 24 months (calculated in accordance with section 287A).

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The Court must not extend a care by Secretary order unless the Court is satisfied that a permanent care order and long-term care order not appropriate, or exceptional circumstances exist.

These amendments reflect an intention for permanent care arrangements to be made expediently.

Clause 35 repeals section 295 of the Principal Act regarding matters to be taken into account in making extension applications. The matters to be taken into account are within new section 294A. These amendments are intended to have decisions for permanency for a child made as expediently as possible.

Clause 36 amends section 296 of the Principal Act to specify restrictions on the duration a family preservation order extension and to specify that a care by Secretary order may be extended for 2 years.

If a child has been in out of home care for less than 12 months under an interim accommodation order, family reunification order, care by Secretary order or therapeutic treatment (placement) order, the period of the extended family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period of more than 12 months from the date the child was first placed in out of home care under the first order.

If the child has been in out of home care for 12 to 24 months under one or more orders specified above, the period of the extended family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period of more than 24 months from the date was first placed in out of home care under the first of those orders.

The cumulative periods must be calculated in accordance with section 287(4) which excludes certain periods from consideration.

Clause 37 repeals section 297 of the Principal Act and in doing so, repeals the Court's power to grant a limited extension of custody to Secretary or guardianship to Secretary order and direct the Secretary to ensure that a person, other than the child's parent, applies to a court for custody and/or guardianship of the child. The ability to direct the Secretary placed the Secretary in

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potential conflict with the Secretary's obligations under the Principal Act if it was not possible for the Secretary to identify a suitable person.

Clause 38 substitutes a new section 298 into the Principal Act which provides that if the Court extends a protection order by more than 12 months, the Court must direct the Secretary to review the operation of the order within 12 months. Following review, the Secretary may end the order with the agreement of the child (if aged 10 years or older) and child's parents. The Secretary must notify the Court if the order will end and the order will end on the latter of: 12 months from the date of the order, or the notice date. The Secretary must also notify the child (if aged 10 years or older), child's parents and any other person directed by the Court if the order is to end before the extension period.

Clause 39 amends section 299 (application of the division regarding variation of protection orders) to reflect the new child protection orders.

Clause 40 amends section 300 of the Principal Act so that an application for a variation may be made by the child, child's parents and Secretary, with respect of a family preservation order and family reunification order, and the conditions under those orders. Previously, an application could only be made for a variation of the conditions of the relevant protection orders.

Clause 41 inserts a new section 300A into the Principal Act so that the Secretary may apply to the Court to vary the conditions of a family reunification order without serving the required notice under section 277 if there has been an unexpected change to the circumstances of the child and the variation is necessary for the safety and wellbeing of the child.

Clause 42 makes amendments to section 301 of the Principal Act so that—

on an application to vary conditions of relevant protection orders, the Court may vary the order or the conditions of the order (previously the Court could only vary the conditions of the order); and

in the case of a family reunification order, the Court must not vary the order or its conditions to make any change to the conferral of parental responsibility for the

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child (this reflects the new protection orders and replacing "custody" with "parental responsibility").

Clause 43 amends section 302 (regarding interim variation of family reunification order) to reflect the new child protection orders, removes the requirement for there to be exceptional circumstances before the Court may vary a condition on a relevant order, and replaces the concept of "custody" with "parental responsibility".

Clause 44 substitutes a new section 303 into the Principal Act so that Division 12 of Part 4.9 (revocation of protection orders) applies to the new child protection orders.

Clause 45 amends section 304 of the Principal Act so that an application for revocation of a protection order, other than a care by Secretary or long-term care order, may be made by the child, child's parent and the Secretary.

Clause 46 makes consequential amendments to section 305 of the Principal Act to replace references to "guardianship to Secretary order" with "care by Secretary order".

Clause 47 makes consequential amendments to section 306 of the Principal Act to substitute "long-term guardianship to Secretary order" with "long-term care order".

Clause 48 makes consequential amendments to section 307(2) of the Principal Act to substitute "custody to Secretary order" with "family reunification order".

Clause 49 makes consequential amendments to section 308 of the Principal Act to substitute "custody to Secretary order" with "family reunification order" and "guardianship to Secretary order" with "care by Secretary order".

Clause 50 substitutes a new heading to section 309 of the Principal Act which has the effect of replacing "long-term guardianship to Secretary order" with "long-term care order" as a consequence of the new protection orders.

Clause 51 makes consequential amendments by repealing sections 310(1) and (2) of the Principal Act given there are no longer supervised custody orders, custody to third party orders or interim

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protection orders (sections 310(1) and (2) relate to revocation of those orders).

Consequential amendments are also made to sections 310(3), (5), (6) and (7) of the Principal Act (regarding further orders the Court can make on revocation of various child protection orders) to reflect the new child protection orders than may be made.

Clause 52 substitutes a new section 311 into the Principal Act, to provide that the Division 13 of Part 4.9 applies to a family preservation order. This amendment is consequential to the new protection orders.

Clause 53 makes consequential amendments to section 312 of the Principal Act to reflect that the section only applies to family preservation orders.

Clause 54 makes consequential amendments to section 314 of the Principal Act to reflect that the section only applies to family preservation orders.

Clause 55 amends section 316 of the Principal Act to remove the reference to section 317 of the Principal Act. This amendment is consequential to the repeal of section 317 of the Principal Act.

Clause 56 repeals section 317 of the Principal Act (regarding expiration of interim protection order). This amendment is consequential to interim protection orders no longer being made under the Principal Act.

Clause 57 makes consequential amendments to section 318 of the Principal Act to reflect that section 318 now only applies to family preservation orders due to the new protection orders that may be made.

A new section 318(1), regarding the matters the Court must be satisfied of before the Court may make orders regarding breach of a family preservation order, is substituted.

Section 318(2)(b)(ii) of the Principal Act is repealed and the reference to interim protection orders in section 318(3) is removed.

Clause 58 amends section 319 of the Principal Act (regarding when a Court may make a permanent care order) by replacing the

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concept of "custody and guardianship of" with "parental responsibility for".

Clause 59 amends section 320 of the Principal Act (regarding when the Secretary may apply for a permanent care order) to replace the concept of "custody and guardianship" with "parental responsibility for".

A new section 320(1A) is inserted so that the Secretary may not approve a person to be suitable to have parental responsibility for a child under a permanent care order unless satisfied that the person will appropriately encourage the child (in the child's best interests), to have contact and a relationship with the child's mother, father, siblings and other significant persons.

Clause 60 amends sections 321(1)(a) and (b) of the Principal Act to replace the concept of "custody" and "guardianship" with "parental responsibility".

A new section 321(1)(ca) is inserted which requires a permanent care order to include a condition requiring the permanent carer to provide care which preserves the child's identity, cultural connection and relationship with the child's birth family, provided this is in the child's best interest and the Court has not otherwise directed.

A new section 321(1)(d) is substituted which provides the Court the option to include a condition on the permanent care order that is in the child's best interests regarding contact between the child and child's parents up to four times a year. Previously, the Court was required to conditions regarding contact that were in the child's best interests and there were no restrictions on the number of contacts that could occur.

A note is inserted into section 321(1) which specifies that a "parent" as defined in section 3(1) includes a person with parental responsibility for a child under a permanent care order and states that such a person has all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children. This amendment is intended to overcome difficulties faced by permanent carers when exercising duties, powers, responsibilities and authority with respect to the child they are caring for under a permanent care order, for example, apply for a birth certificate.

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New section 321(1A) is inserted to clarify that, provided it is in the bests interests of the child, agreements may be reached for the child to have contact with the child's parents, siblings and other significant persons, which is additional to contact imposed by the Court through permanent care order.

New section 321(1B) is inserted which specifies certain matters that the Court must consider in placing conditions on permanent care orders regarding contact between the child and child's birth parent, siblings and other significant persons, and which incorporate cultural plans for Aboriginal children. The certain matters are: the primacy for the child's relationship with his or her permanent care family, and whether the condition is necessary to protect the child, support the permanent placement, promote the child's connection with the child's parents, siblings or culture, or given the capacity of the person to meet the condition, is flexible to accommodate the child's changing developmental needs, and is reasonable in the context of the permanent care family's life.

New section 321(1C) is inserted which specifies that a permanent care order may include a condition that a child must not have contact with the child's parent, sibling or other person.

Clause 61 repeals section 322(2) of the Principal Act to remove the requirement for a stability plan to be prepared before the Court may make a permanent care order. "Stability planning" will be replaced with "permanency planning" in part 4.3 of the Principal Act (as amended by Part 3 of this Bill).

Consequential amendments are made to section 322(4) to replace the concept of "custody and guardianship" with "parental responsibility".

Clause 62 substitutes a new section 323 regarding the restrictions on the Court making a permanent care order to place an Aboriginal child solely with a non-Aboriginal person or persons. The new section requires the Court to consider several matters, including that a cultural plan has been prepared for the child. Previously, it was discretionary for the Court to consider whether a cultural plan had been prepared. There have been no changes to the other matters that the Court is required to consider.

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Clause 63 amends section 325 (regarding disputes between persons jointly granted parental responsibility) to replace the concept of "custody" and "guardianship" with "parental responsibility".

Clause 64 inserts a new section 325A into the Principal Act so that the Secretary must notify the Court when informed that each person named in a permanent care order has died. Upon making that notification, the Secretary is deemed to have sole parental responsibility for the child and the permanent care order is taken to be a care by Secretary order. When this occurs, the Secretary must notify the person who has the care of the child, the child (if aged 10 years or over) and the parent of the child.

Previously, the Principal Act did not make provision for the death of permanent carers. The amendments will assist in the Secretary assuming parental responsibility for the child expediently.

Clause 65 substitutes new sections 326(1), 326(1A) to (1F) and 326(2)(b) and (c) into the Principal Act.

New sections 326(1) and 326(1A) provide that the Secretary, child, child's parent (with leave of the Court) and a person with parental responsibility for the child may apply for a variation or revocation of a permanent care order, and a child's sibling may apply for the variation of a permanent care order. Previously, the child's parent was not required to seek leave of the Court before applying to revoke a permanent care order and a child's sibling was not able to apply for a variation.

New section 326(1B) provides that the child's parent may only seek the leave of the Court to vary a permanent care order within 12 months of the order being made if a contact condition in the order has not been complied with.

New section 326(1C) establishes that, in determining whether to grant leave for a parent to apply, the best interests of the child are the paramount considerations and the Court must first have regard to the child's current circumstances. The Court must also have regard to the potential disruption to the child's permanent care placement and the child's relationship with the permanent care family, and that additional contact may be arranged with the parents via agreement. This amendment is intended to address one of the barriers to providing children with permanency in care.

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Under new section 326(1C), for variation applications, the Court must also consider if it appears that a party has not complied with a condition of the order or there has been a significant change in the circumstances of the parent or child since the original order was made. For revocation applications, the Court must also consider whether the circumstances of the child's parent has changed significantly to the extent that the parent can demonstrate that the parent would be able to permanently resume care of the child and meet the child's needs.

New sections 326(1D), (1E) and (1F) allow the Court to request a report from the Secretary where the Court is determining whether to grant leave to a parent to apply for a variation or revocation, vary a contact condition or revoke a permanent care order.

New sections 326(2)(b) and (c) are substituted into the Principal Act so that the person applying for revocation or variation of a permanent care order must provide notice to each parent of the child (other than the person named in the permanent care order) and each person who has parental responsibility for the child under the permanent care order. This amendment is consequential to the concept of "parental responsibility" replacing the concepts of "custody and guardianship" and the definition of "parent" including persons with parental responsibility for the child.

New section 326(2) also establishes that a parent who needs leave of the court to apply for a variation or revocation of a permanent care order must not cause notice of the application to be served until leave of the court has been granted.

Clause 66 amends section 327(a) of the Principal Act and inserts a new section 327(2).

Section 327(a) (regarding decisions on application for variation or revocation of permanent care orders) is amended as a consequence of replacing the term "guardianship" and "custody" with "parental responsibility".

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New section 327(2) provides that in varying a contact condition of a permanent care order 12 months after the order was made, the limitations on contact in section 321(1)(d) do not apply so that Court may include any number of contacts between the child and child's parent that is in the best interests of the child.

Clause 67 amends section 177 of the Principal Act (regarding the State Guardianship Fund) as required as a consequence replacing the term "guardianship" with "parental responsibility".

Clause 68 amends section 216 of the Principal Act (regarding power of the Family Division to make certain orders by consent in absence of parties) to reflect the new child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of the Bill).

Clause 69 amends section 259(1) of the Principal Act (regarding application for irreconcilable differences) as required as a consequence of replacing the term "custody" with "parental responsibility".

Clause 70 amends section 260(2) of the Principal Act (regarding conciliation counselling for irreconcilable difference applications) as required as a consequence of the replacing the term "custody" with "parental responsibility".

Clause 71 amends section 261(3) of the Principal Act (regarding proceeding on irreconcilable difference applications if a party does not appear) as required as a consequence of replacing the term "custody" with "parental responsibility".

Clause 72 amends section 274 of the Principal Act (regarding when the Court my make child protection orders) as required as a consequence of replacing the term "custody" with "parental responsibility".

Clause 73 amends section 324(1)(a) of the Principal Act (regarding lapsing of permanent care orders) as required as a consequence of replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 74 amends section 328 of the Principal Act (regarding appeals to the County or Supreme Courts) to reflect the new child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of the Bill) and to replace

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the term "custody and guardianship" with "parental responsibility".

Clause 75 amends section 329(2) of the Principal Act (regarding appeal to Supreme Court on a question of law) as required as a consequence of replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 76 amends section 335 of the Principal Act (regarding interstate movement of children) as required as a consequence of replacing the term "guardianship" with "parental responsibility", and to reflect the new child protection orders.

Clause 77 amends section 336 of the Principal Act (regarding financial or other arrangements) as required as a consequence of replacing the term "guardianship" with "parental responsibility".

Clause 78 amends section 337 of the Principal Act (regarding transfer agreements) as required as a consequence of replacing the term "custody" with "parental responsibility".

Clause 79 amends section 344A of the Principal Act (regarding time limits for filing a charge-sheet) as required as a consequence of replacing the term "guardianship" with "parental responsibility".

Clause 80 amends section 346(7) of the Principal Act (regarding child in custody to be brought before Court or bail justice) as required as a consequence of replacing the term "guardianship" with "parental responsibility".

Clause 81 amends section 495 of the Principal Act (regarding offence to harbour or conceal a child) to reflect the changes to child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of the Bill).

Clause 82 amends section 496 of the Principal Act (regarding offence to counsel or induce child to be absent without lawful authority) to reflect the changes to child protection orders and as required as a consequence of replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 83 amends section 497(a) of the Principal Act (regarding offences in relation to community services) to reflect the changes to child

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protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of the Bill).

Clause 84 amends section 515 of the Principal Act (regarding jurisdiction of the Family Division) to reflect the new child protection orders and as required as a consequence of replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 85 amends section 524(1)(d) of the Principal Act (regarding legal representation) as required as a consequence of replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 86 amends section 525(1) of the Principal Act (regarding proceedings in which child is required to be legally represented) to reflect the new child protection orders and as required as a consequence of replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 87 amends section 527 of the Principal Act (regarding explanation of and reasons for orders) to reflect the new child protection orders and as required as a consequence of the replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 88 amends section 534(3) of the Principal Act (regarding restriction on publication of proceedings) to reflect the new child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of the Bill).

Clause 89 amends section 557(1) of the Principal Act (regarding disposition reports) to reflect the new child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of the Bill).

Clause 90 amends section 558 of the Principal Act (regarding content of disposition report) to reflect the new child protection orders and the new case planning process.

Clause 91 amends section 597(1) of the Principal Act (regarding powers of Secretary in relation to medical services and operations) to reflect the new child protection orders and as required as a

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consequence of replacing the terms "custody" and "guardianship" with "parental responsibility".

Clause 92 amends section 598(1)(b) of the Principal Act (regarding circumstances in which child may be taken into emergency care) to reflect the changes to child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of this Bill).

Clause 93 amends section 600(1) of the Principal Act (regarding regulations) to reflect the changes to child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of this Bill).

Clause 94 repeals the definitions of cultural plan and stability plan from section 3(1) of the Principal Act, as a consequence of the amendments to Division 1 of Part 4.3 in relation to case plans.

Clause 95 removes the reference to "stability planning" in the heading to Division 1 of Part 4.3 of the Principal Act, as this term is no longer used.

Clause 96 substitutes a new section 166(3) into the Principal Act, to provide that a case plan for a child includes a permanency planning objective, and any required planning for cultural support in the case of an Aboriginal child in out of home care under an interim accommodation order, protection order or therapeutic treatment (placement) order. This reflects the new case planning scheme which will integrate stability and cultural planning into the case plan of a child, aimed at providing permanency for children in out of home care and reducing administrative burden.

Clause 97 substitutes new sections 167, 168 and 169 into the Principal Act, and repeals sections 170 and 171, to introduce a new case planning scheme.

New section 167 provides that a case plan must include one of the following permanency planning objectives, to be considered in the following order of preference in the best interests of the child: family preservation, family reunification, adoption, permanent care and long-term out of home care. Subsections (2) to (4) provide guidance as to when a particular permanency planning objective may be appropriate.

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New section 168 requires the Secretary to ensure that a case plan is prepared in respect of a child who is in need of protection. This will increase the number of children who have a case plan and enable children to benefit from permanency and cultural support planning at an earlier stage of child protection involvement. Previously, case plans were only required to be prepared after a protection order was made in respect of a child. The Secretary is also required to ensure a copy of the case plan is given to the child and the child's parent within 14 days of the preparation or amendment of the case plan, and within 8 weeks after a protection order is made or extended if the case plan is amended as a consequence.

New section 169 provides that a case plan must include a review date of not more than 12 months after the case plan is made or reviewed. Subsections (2) and (3) set out when the Secretary is required to review a case plan, and what a review must include. These requirements regarding the timing and scope of case plan review replace the previous requirement for review from time to time as appears necessary, to ensure permanency planning and cultural support needs are regularly assessed and updated where necessary.

Sections 170 and 171 are repealed as stability planning is replaced with permanency planning.

Clause 98 substitutes a new section 176 into the Principal Act, which replaces the previous requirement for a cultural plan for each Aboriginal child placed in out of home care on a guardianship or long-term guardianship to the Secretary order. New section 176 requires that every Aboriginal child in out of home care must have their cultural support needs addressed in their case plan, and have a cultural plan aligned with the case plan. Subsections (3) and (4) provide further detail regarding cultural support needs and a child's Aboriginal community.

Clause 99 amends section 253 into the Principal Act as required as a consequence of replacing the terms "custody" and "guardianship" with "parental responsibility", and removes the reference to a cultural plan being included as a condition of a therapeutic treatment (placement) order as a consequence of the amendments to section 176.

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Clause 100 amends section 410(1) of the Principal Act by including a new requirement for the Children's Court to consider a group conference report regarding a child's participation, if the child did participate, in a group conference before the Children's Court may convict the child and order the child to be detained in a youth residential centre. This is consequential to the expansion of the criteria for participation in a group conference.

Clause 101 amends section 412(1) of the Principal Act by including a new requirement for the Children's Court to consider a group conference report regarding a child's participation, if the child did participate, in a group conference before the Children's Court may convict the child and order the child to be detained in a youth justice centre. This is consequential to the expansion of the criteria for participation in a group conference.

Clause 102 amends section 414 of the Principal Act so that if the Court defers sentencing for a child to participate in a group conference and is considering convicting the child and ordering the child to be detained in a youth residential centre or a youth justice centre, the Court must adjourn the case and release the child unconditionally, release the child on bail or remand the child in custody for a maximum of 21 days, at which time, the child must be brought before the Court and may be remanded for a further maximum period of 21 days. Bail may not be refused solely because the child does not have suitable accommodation. Sentencing may be deferred for up to 4 months, or if the child is to be remanded, up to 2 months.

This amendment provides the Court with a new power to remand children if the Court is considering detaining a child in a youth residential centre or a youth justice centre during the period of sentencing deferral where sentencing was deferred for participation in a group conference. Previously, such children were not able to participate in group conferences.

Clause 103 substitutes a new section 415(1) into the Principal Act so that the Children's Court may consider deferral of sentencing for the purpose of a child participating in a group conference if the Children's Court is considering—

placing the child on probation;

releasing the child on a youth supervision order;

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convicting the child and making a youth attendance order; or

convicting the child and ordering the child to be detained in a youth residential centre or a youth justice centre.

Previously, the Children's Court could only defer sentencing for the purposes of the child participating in a group conference if the Children's Court was considering placing the child on probation or a youth supervision order. This amendment will broaden opportunities for children to participate in the group conference program.

Clause 104 repeals the definition of "Youth Residential Board" in section 3(1) of the Principal Act as a consequence to the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

Clause 105 repeals Division 1 of Part 5.5 of the Principal Act (regarding the Youth Residential Board) as a consequence of the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

Clause 106 repeals section 442(3) of the Principal Act (regarding simultaneous appointment of a person to both the Youth Parole Board and Youth Residential Board) as a consequence of the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

Clause 107 substitutes a new section 445(5) into the Principal Act which specifies that where the Youth Parole Board is considering transferring a person detained in a youth justice centre to prison, or transferring a person detained in a youth residential centre to a youth justice centre, a quorum of the Youth Parole Board will consist of the chairperson and two other persons.

Previously, this quorum was specified for considerations regarding transfers from a youth justice centre to prison. This amendment is consequential to the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

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Clause 108 inserts a new section 452(1)(ab) into the Principal Act which provides that the Youth Parole Board must include in its yearly report to the Minister a report on the number of persons returned during the reporting period to youth residential centres on cancellation of parole. This amendment is consequential to the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

Clause 109 substitutes a new section 453(4) into the Principal Act which provides that with respect to a parole order made by the Youth Parole Board, a youth parole officer is subject to the direction of the Youth Parole Board. A youth parole officer is otherwise subject to the direction and control of the Secretary. Previously, section 453(4) also made arrangements for the Youth Residential Board. This amendment is consequential to the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

Clause 110 repeals Division 4 of Part 5.5 of the Principal Act. Previously, this division provided for the Youth Residential Board to release persons detained in a youth residential centre on parole. This function will now be exercised by the Youth Parole Board as a consequence of the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

Clause 111 substitutes the heading for Division 5 of Part 5.5 of the Principal Act to refer to youth residential centres as a consequence of the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

Clause 112 amends section 458 of the Principal Act so that the Youth Parole Board may also prepare a written order directing any person detained in a youth residential centre to be released on, or granted, parole at a time specified in the order.

Previously, this power was exercised by the Youth Residential Board and the amendment is consequential to the Youth Residential Board being abolished and the Youth Parole Board subsuming the functions of the Youth Residential Board.

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Clause 113 amends section 460(4) of the Principal Act (regarding cancellation of parole) as a consequence to abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board.

Additionally, sections 460(5) and 460(6) are amended, and section 460(6A) inserted, so that if a person's parole is cancelled, the Youth Parole Board, the board's secretary or any member of the board may issue a warrant authorising—

any police officer to search for and apprehend the person, and for that purpose, to enter any premises where the person is believed to be located, and use reasonable force to enter those premises, if the police officer has first announced that the police officer is authorised to enter the person and, unless immediate entry is required to ensure the safety of the person or to ensure the effective execution of the warrant, has given opportunity to allow entry;

any other officer to search for and apprehend the person, and, for that purpose, to enter any premises where the person is believed to be located if the officer has first announced that the officer is authorised to enter; and

any police officer or other officer to return the person to a youth justice centre or a youth residential centre (as applicable) to serve the unexpired portion of the person's sentence of detention, or otherwise be dealt with by the Youth Parole Board.

Additionally, the Youth Parole Board or any member of the Board may apply to a magistrate for a warrant authorising the exercise of the powers described above if a person's parole is cancelled.

Previously, there was no express or implied power for police or other officers to enter private premises to execute such a warrant. This had resulted in young persons avoiding apprehension, and posed risk to the safety of the young person and members of the community

Clause 114 amends section 462 of the Principal Act to substitute "Youth Residential Board" with "Youth Parole Board" and to replace "child" with "person" so that the Youth Parole Board has jurisdiction with respect to each person detained in a youth

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residential centre. Previously, the Youth Residential Board had that jurisdiction. These amendments are consequential to abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board.

Clause 115 amends section 464 of the Principal Act to substitute "Youth Residential Board" with "Youth Parole Board" so that the Youth Parole Board has power to transfer a person from a youth residential centre to a youth justice centre. Previously, the Youth Residential Board had this power. These amendments are consequential to abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board.

Clause 116 amends section 465 of the Principal Act to substitute "Youth Residential Board" with "Youth Parole Board" so that the restrictions on transferring children under 14 years from a youth residential centre to a youth justice centre apply to the Youth Parole Board. Previously, this restriction applied to the Youth Residential Board. This amendment is consequential to abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board.

Clause 117 amends section 466(1) and (2) of the Principal Act to substitute "Youth Residential Board" with "Youth Parole Board" so that the Secretary must comply with a direction from the Youth Parole Board for the removal of a person from a youth residential centre to a youth justice centre. Previously, the Secretary was required to comply with the Youth Residential Board's direction.

Section 466(4) (regarding a person being subject to the Youth Parole Board upon transfer from a youth residential centre to a youth justice centre) is repealed. This is consequential to the abolition of the Youth Residential Board and transfer of its functions to the Youth Parole Board, and section 462 of the Principal Act (as amended by clause 114 of the Bill) which provides that a person detained in a youth residential centre is subject to the Youth Parole Board's jurisdiction.

Clause 118 amends section 470 as a consequence of abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board. References to "Youth Residential Board" are substituted to "Youth Parole Board" and a new section 470(5) is substituted to remove reference to a person becoming subject to

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the jurisdiction of the Youth Residential Board upon transfer to the youth residential centre. That reference is no longer necessary as the Youth Justice Board will have jurisdiction over persons in youth residential centres under section 462 of the Principal Act (as amended by clause 114 of the Bill).

Clause 119 amends sections 472 of the Principal Act (regarding transfer of a person in prison to a youth residential centre) to substitute "Youth Residential Board" with "Youth Parole Board" and "section 454" with "section 458". These amendments are consequential to abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board.

Clause 120 amends section 474(1) of the Principal Act (regarding persons in youth residential centres being sentenced to detention in youth justice centre or prison) to substitute "Youth Residential Board" with "Youth Parole Board". This amendment is consequential to abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board.

Clause 121 amends section 476(2) and (3) of the Principal Act (regarding persons in youth justice centres sentenced to detention in youth residential centres) as a consequence of abolishing the Youth Residential Board and transferring its functions to the Youth Parole Board.

References to "Youth Residential Board" are replaced with "Youth Parole Board" and the reference to a person detained in a youth justice centre who has been—

sentenced to serve a new period of detention in a youth residential centre; and

ordered by the Youth Parole Board to serve that new period of detention in the youth justice centre—

as being subject to the jurisdiction of the Youth Parole Board is omitted. This reference is no longer necessary as under section 462 (as amended by clause 114 of the Bill) and 463 of the Principal Act, the person will be subject to the jurisdiction of the Youth Parole Board irrespective of whether the person is detained in a youth justice centre or youth residential centre.

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Clause 122 amends section 430K of the Principal Act so that a pre-sentence report must be filed with the Court at least 3 working days before the return date. Previously, the report had to be filed at least 4 working days before the return date and in any event, not later than 21 days after the report was ordered. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

Clause 123 amends section 430O of the Principal Act so that a group conference report must be filed 3 working days before the return date. Previously, the report had to be filed at least 4 working days before the return date and in any event, not later than the date fixed by the court. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

Clause 124 amends section 554 of the Principal Act so that a protection report must be submitted 3 working days before the return date. Previously, the protection report had to be submitted within 21 days of the court order and not less than 3 working days before the hearing. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

Clause 125 amends section 561(1) of the Principal Act so that an additional report must be forwarded to the proper venue of the Court at least 3 working days before the return date. Previously, the additional report had to be forwarded within 21 days of the Court order and not less than 3 working days before the return date. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

Clause 126 amends section 562(1) of the Principal Act so that an additional report from the Secretary to the Department of Justice must be forwarded to the proper venue of the Court at least 3 working days before the hearing date. Previously, the additional report had to be forwarded within 21 days of the Court order and not less than 3 working days before the hearing date. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

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Clause 127 amends section 565 of the Principal Act so that a therapeutic treatment application report must be filed at least 3 working days before the hearing date. Previously, the therapeutic treatment report had to be submitted within 21 days of the Court order and not less than 3 working days before the hearing. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

Clause 128 amends section 569 of the Principal Act so that a therapeutic treatment (placement) report must be submitted at least 3 working days before the hearing date. Previously, the therapeutic treatment (placement) report had to be submitted within 21 days of the Court order and not less than 3 working days before the hearing date. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

Clause 129 substitutes a new section 574 into the Principal Act so that a pre-sentence report must be filed at least 3 working days before the return date. Previously, the pre-sentence report had to be filed at least 4 working days before the return date and in any event, no later than 21 days after the report was ordered. The amendment will assist in ensuring that up to date reports are before the Court, and that timelines for submitting reports are consistent throughout the Principal Act.

Clause 130 amends section 575(1) of the Principal Act so that a pre-sentence report must be provided to the child, child's legal practitioner and any other person ordered order by the court at least 3 working days before the return date. Previously, the report had to be provided at least 4 working days before the return date and in any event, no later than 21 days after the report was ordered. The amendment will assist in ensuring up to date reports are before the Court, and timelines for submitting reports are consistent throughout the Principal Act.

Clause 131 substitutes a new section 579 into the Principal Act so that a group conference report must be filed at least 3 working days before the return date. Previously, the group conference report had to be filed at least 4 working days before the return date and in any event, no later than the date fixed by the Court. The amendment will assist in ensuring up to date reports are

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before the Court, and timelines for submitting reports are consistent throughout the Principal Act.

Clause 132 amends section 580 of the Principal Act that a group conference report must be provided to the child, child's legal practitioner and any other person ordered by the court at least 3 working days before the return date. Previously, the group conference report had to be provided at least 4 working days before the return date and in any event, no later than the date fixed by the Court. The amendment will assist in ensuring up to date reports are before the Court, and timelines for submitting reports are consistent throughout the Principal Act.

Clause 133 substitutes a new section 49 into the Principal Act. New section 49 provides that unless revoked, the registration of a body as a community service has effect for a period of 3 years or longer, as determined by the Secretary in each case. Previously, the registration period was fixed at 3 years, which was inflexible to administer.

Clause 134 substitutes a new section 50(3) into the Principal Act, which is required as a consequence of new section 49, so that unless revoked, the renewal of registration as a community service has effect for a period of 3 years or longer, as determined by the Secretary.

Clause 135 substitutes a new section 51 into the Principal Act, which allows the Secretary to revoke the registration of a body as a community service if appropriate to do so.

Subsection 51(2) sets out a number of factors the Secretary may have regard to when deciding whether to revoke a body's registration: an authorised assessors report or inquiry under Division 5, administrator's recommendation under Division 6, cessation of funding or contract termination by the Secretary, or other relevant circumstances.

New section 51 empowers the Secretary to revoke the registration of a community service if appropriate in the circumstances, rather than on limited grounds as under the previous section 51.

Clause 136 inserts a new section 129(2) of the Principal Act to allow disclosure by the Secretary of records kept or information provided under Part 3.4 for the purpose of protecting a child.

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Clause 137 repeals section 203 of the Principal Act, which removes the requirement for the Secretary to include in the annual report of the Department the number of authorisations made and directions given, the extent of compliance with directions, and the number of persons prosecuted under Division 2. The compulsory disclosure provisions are very rarely used, and the repeal of this requirement removes an unnecessary administrative burden.

Clause 138 substitutes a new definition of therapeutic treatment (placement) report into section 3(1) of the Principal Act, for consistency with the term used in Division 5 of Part 7.8.

Clause 139 amends section 251 of the Principal Act to provide that any statement made by a child participating voluntarily in an appropriate therapeutic treatment program is not admissible in criminal proceedings in relation to the child. This ensures that voluntary participants in therapeutic treatment have the same protection as those required to participate under an order.

Clause 140 inserts subsection (4A) into section 354 of the Principal Act (regarding the resumed hearing of a case adjourned because a therapeutic treatment order has been made). New subsection (4A) provides that the Court must have regard to certain factors in deciding whether to discharge the child without further hearing of the criminal proceedings because it is satisfied that a child has attended and participated in therapeutic treatment.

Clause 141 inserts new section 354A into the Principal Act, to provide for powers of the Court in criminal proceedings if the child accused voluntarily participates in therapeutic treatment. This gives the Court the power to deal with a child who participates voluntarily in treatment in the same way it can deal with a child on a therapeutic treatment order, under section 354.

New section 354A gives the Court the power to adjourn a criminal proceeding for the period of a therapeutic treatment program to allow a child between 10 and 15 years exhibiting sexually abusive behaviours to participate voluntarily in the program. The Court may discharge the child without any further hearing of the criminal proceeding if it is satisfied the child has voluntarily attended and participated in an appropriate therapeutic treatment program, after having regard to certain

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factors. If the child is not discharged, the Court may determine what (if any) further criminal proceedings are appropriate.

Clause 142 amends the reference in section 568 of the Principal Act to "therapeutic treatment (placement) order report" by deleting the word "order", for consistency with the term used in section 567.

Clause 143 repeals the definition of central register from section 3(1) of the Principal Act. The central register of children at risk was maintained prior to the introduction of electronic client records, and is now obsolete.

Clause 144 repeals section 165 of the Principal Act, which relates to the now obsolete central register.

Clause 145 omits references to a panel appointed under section 332 in various sections of the Principal Act, which is required as a consequence of the repeal of section 332 (by clause 147 of that Bill).

Clause 146 repeals section 240(2) of the Principal Act, to remove the obligation to record information on the central register which is now obsolete.

Clause 147 repeals section 332 of the Principal Act, which removes requirements relating to a panel to review decisions relating to the recording of information on the central register, as the central register is now obsolete.

Clause 148 makes amendments to section 333 of the Principal Act (regarding review by VCAT of decisions relating to recording information in the now obsolete central register) that are required as a consequence of the removal of obligations relating to the central register.

Clause 149 repeals section 600(1)(x) of the Principal Act, which allows the Governor in Council to make regulations for or with respect to the establishment and maintenance of the now obsolete central register.

Clause 150 increases the penalty for some of the offences relating to the protection of children in Part 6.1 of the Principal Act from 15 penalty units or imprisonment for 3 months to 25 penalty units or imprisonment for 6 months or both. The increased penalties better reflect community views about the significance

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of such offences and the degree of punishment or deterrence that ought to apply to them. The relevant offences are—

offence to leave a child unattended—section 494;

offence to harbour or conceal a child—section 495;

offence to counsel or induce a child to be absent from lawful authority—section 496(1);

offence to withdraw a child from a placement—section 496(3); and

offences in relation to community service—section 497.

Clause 151 amends section 372(b) of the Principal Act so that if a breach of a bond consisted of an act which is not subject to a charge before a court, a proceeding for the breach of bond must be commenced at least 3 months (previously, it was 14 days) after the alleged breach and before the proceeding under section 367 recommences. This amendment will assist Victoria Police in avoiding being precluded from commencing proceedings when delays in becoming aware of a breach occur.

Clause 152 substitutes a new section 485(7) of the Principal Act which specifies that when a permit granting temporary leave from custody to a person detained in a remand centre, youth residential centre or youth justice centre has been cancelled, the cancellation will take effect on the earlier of—

the end of the day the person is informed of the cancellation; or

the time the person returns to the person's place of custody.

Previously, the cancellation took effect on the end of the day the person was informed of the cancellation. This meant that if the person had already returned to custody before the end of the day the person was informed of the cancellation, the person was in custody whilst the temporary leave permit was still in effect.

Clause 153 inserts section 627 into the Principal Act, which provides that new Schedule 5, which contains the transitional provisions, has effect.

Clause 154 inserts a new Schedule 5 into the Principal Act which contains transitional provisions.

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Section 1 of Schedule 5 inserts definitions for Schedule 5.

Amending Act means the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014.

New provision means a provision of the Act in force on or after commencement, old provision means a provision of the Act in force before commencement and relevant commencement day means in relation to Part 2, Part 3 and Part 4 of Schedule 5 the day on which the provisions of Part 2, Part 3 and Part 4 of the amending Act come into operation.

Section 2 of Schedule 5 inserts a general transition provision which clarifies that Schedule 5 does not alter the Interpretation of Legislation Act 1984 and that if Schedule 5 provides that an old provision continues to apply, any regulation or instrument having effect for the old provision also continues.

New section 3 of Schedule 5 states that specified child protection orders in force immediately before the commencement of Part 2 of this Bill will be taken to be one of a new specified order.

New section 4 of Schedule 5 provides that a custody to the Secretary order in force immediately before the commencement of Part 2 of this Bill is taken to be—

a family reunification order if the child was on the custody to Secretary order for less than 24 months at commencement of Part 2 of this Bill; or

a care by Secretary order if the child was on the custody to Secretary order for 24 months or more at commencement of Part 2 of this Bill.

New section 5 of Schedule 5 provides that a custody to third party order in force immediately before commencement of Part 2 of this Bill will continue until it expires.

New section 6 of Schedule 5 provides that an interim protection order in force immediately before the commencement date will continue until the hearing date specified in the notice.

New section 7 of Schedule 5 provides that after commencement of Part 2 of this Bill, in any Act (other than the Principal Act), or in any instrument made under any Act or in any other document of any kind, specified child protection orders in force

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immediately before the commencement of Part 2 of this Bill will be taken to be one of a new specified order.

New section 8 of Schedule 5 states that a case plan existing prior to commencement of Part 3 of this Bill continue to apply. However, they must be reviewed on the date specified in the plan or 12 months after commencement of Part 3 of this Bill, whichever happens first.

New section 9 of Schedule 5 abolishes the Youth Residential Board on the commencement of Part 5 of this Bill. This amendment is intended to improve administrative and operational efficiency given both boards had the same functions (with respect to different groups of persons), powers and duties, were established in the same manner and in practice, had the same members with the same terms and conditions.

New sections 10 to 15 of Schedule 5 are transition provisions consequential to abolishment of the Youth Residential Board and the Youth Parole Board subsuming the responsibilities of the Youth Residential Board.

New section 10 of Schedule 5 provides that any act or decision of the Youth Residential Board is taken to be an act or decision of the Youth Parole Board from commencement of Part 5 of this Bill.

New section 11(1) of Schedule 5 clarifies that a parole order made by the Youth Residential Board under the previous section 454 of the Principal Act before commencement of Part 5 of this Bill is taken to be a parole order made by the Youth Parole Board under section 458 of the Principal Act.

New section 11(2) of Schedule 5 provides that a warrant issued by the Youth Residential Board under the previous section 456(5)(a) and not yet executed before commencement of Part 5 of this Bill is taken to be a warrant issued by the Youth Parole Board under the new section 460(5)(a).

New section 11(3) of Schedule 5 provides that new section 460 applies to any warrant that was issued by the Youth Parole Board under the previous section 460 but had not been executed prior to commencement of Part 5 of this Bill.

New section 12 of Schedule 5 provides that any incomplete proceedings before the Youth Residential Board immediately prior to the commencement of Part 5 of this Bill may be

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continued by the Youth Parole Board. For that purpose, the Youth Parole Board may consider the files, documents and findings of the Youth Residential Board.

New section 13 of Schedule 5 provides that the previous evidentiary provision in section 437 of the Principal Act will continue in relation to any order, document or certificate signed before the commencement of Part 5 of this Bill.

New section 14 of Schedule 5 provides that the previous immunity provision in section 440 of the Principal Act will continue to provide immunity to former members or secretary of the Youth Residential Board.

New section 15 of Schedule 5 imposes requirements on the Youth Parole Board to complete the Youth Residential Board's reporting requirements that are outstanding before commencement of Part 3 of this Bill.

New section 16 of Schedule 5 states that the Governor in Council may make regulations regarding savings or transitional provisions consequent on the amendments made to the Principal Act due to the Bill which will have effect despite anything to the contrary in any subordinate instrument or any Act (other than the Bill or the Charter for Human Rights and Responsibilities Act 2006). This provision expires on 1 March 2017.

Clause 155 inserts a definition of community service into the Commission for Children and Young People Act 2012. Community service has the same meaning as it has in the Children, Youth and Families Act 2005, which includes community services and secure welfare services established under that Act.

Clause 156 substitutes "care" for "custody or guardianship" in section 5(g) of the Commission for Children and Young People Act 2012. This amendment is a consequence of the repeal of the terms "custody" and "guardianship" in the Children, Youth and Families Act 2005 in Part 2 of this Bill.

Clause 157 substitutes a new section 39(2) of the Commission for Children and Young People Act 2012. New section 39(2) clarifies that the Commission may also undertake an inquiry concerning the provision of services by a community service,

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child protection services or youth justice services by the Secretary, as well as services by a health service, human service or school.

Clause 158 substitutes a new section 48 into the Commission for Children and Young People Act 2012. New section 48(1) continues to provide that the Commission must not give a report of an inquiry to a Minister or the Secretary if the report includes any comment or opinion that is adverse to any person, unless the Commission has given the person an opportunity to comment on the adverse comment or opinion. New section 48(2) extends to the person in charge of a community service and the Secretary the opportunity to comment on any adverse comment or opinion about the services the community service is in charge of, or the child protection or youth justice centres the Secretary is in charge of, before a report including the comment or opinion is provided to a Minister or the Secretary.

Clause 159 amends the note at the foot of section 49 of the Commission for Children and Young People Act 2012 required as a consequence of new section 48.

Clause 160 inserts new section 73 into the Commission for Children and Young People Act 2012, which is a transitional provision. New section 73 allows for a report of an inquiry which commenced under Division 3 of Part 5 to also be tabled in Parliament under section 50 and published on the Internet under section 52 as if it were a report under Division 4, if the inquiry commenced before the day Part 9 of the Bill commences, the inquiry related to child protection or youth justice services provided by the Secretary or services provided by a community service, and the inquiry could be conducted under amended Division 4 of Part 5 of the Commission for Children and Young People Act 2012.

Clause 161 amends section 46(3)(b) of the Adoption Act 1984 to substitute the term "guardianship to the Secretary order or long-term guardianship to Secretary order" with "care by Secretary order or long-term care order". This amendment is consequential to Part 2 of the Bill.

Clause 162 amends the definition of child protection order in section 3 of the Assisted Reproductive Treatment Act 2008 to reflect the

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new child protection orders that may be made under Part 4.9 of the Children, Youth and Families Act 2005.

Clause 163 amends the definition of guardian in section 3 of the Child Employment Act 2003 so that a guardian means any person on whom parental responsibility for the child (whether alone or jointly with another person) has been conferred under the Children, Youth and Families Act 2005 or any other Act or law of any State, Territory or the Commonwealth. This amendment is consequential to Part 2 of the Bill.

Clause 164 substitutes a new proposed section 213Q(c)(ii) into the Children, Youth and Families Amendment Act 2014 so that information sharing under proposed section 213Q will not be a contravention of section 346 of the Mental Health Act 2014. Previously, this section referred to the former Mental Health Act 1986.

Clause 165 amends the definition of person placed in custody or care in section 3(1) of the Coroner's Act 2008 so that paragraph (a) refers to a person for whom the Secretary to the Department of Human Services has parental responsibility under the Children, Youth and Families Act 2005. This amendment is consequential to Part 2 of the Bill.

Clause 166 repeals section 132 of the Criminal Organisations Control and Other Acts Amendment Act 2014 (regarding section 454 of the Principal Act) as a consequence of clause 116 of the Bill repealing section 454 of the Principal Act.

Clause 167 amends section 133 of the Criminal Organisations Control and Other Acts Amendment Act 2014 (regarding release on parole from a youth justice centre under the Principal Act) as a consequence to the Youth Parole Board taking over the functions of the Youth Residential Board.

Clause 168 amends the definition of guardian in section 27A(1) of the Limitations of Actions Act 1958 so that a guardian includes any person on whom parental responsibility for a minor has been conferred under the Children, Youth and Families Act 2005 or any Act or law. This amendment is consequential to Part 2 of the Bill.

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Clause 169 amends the Mental Health Act 2014 to reflect the new child protection orders that may be made under Part 4.9 of the Principal Act (as amended by Part 2 of the Bill).

Clause 170 repeals the definition of Youth Parole Board in section 3(1) of the Sentencing Act 1991 (which is no longer used), and substitutes a new definition for the definition of child protection order into section 48B of the Sentencing Act 1991 as a consequence to the new child protection orders that may be made under Part 4.9 of the Children, Youth and Families Act 2005 (as amended by Part 2 of the Bill).

Clause 171 amends section 3(1) of the Principal Act to insert a definition of major long-term issue. Major long-term issue means an issue about the care, wellbeing and development of the child that is of a long-term nature, including issues about the child's current and future education, religious and cultural upbringing, health and name.

Clause 172 inserts new sections 175A and 175B into the Principal Act.

New section 175A allows the Secretary to specify issues that a person who is caring for a child in out of home care may be authorised to make decisions regarding. Examples are that the Secretary may authorise the person to sign school consent forms, obtain routine medical care, or manage the day to day treatment of a child with a chronic or serious health condition. The Secretary may not specify an issue that is a major long-term issue in relation to a child who is subject to an interim accommodation order, interim protection order, supervised custody order or custody to Secretary order. The issues specified by the Secretary may relate to a particular child, a child subject to a particular type of order, or persons who provide certain categories of care under the Principal Act.

New section 175B allows the Secretary or a person in charge of an out of home care service to authorise a person who has care of a child who is placed in out of home care under an—

interim accommodation order; or

protection order—

to make decisions in relation to a child on the issues specified by the Secretary under section 175A. A person who is authorised may make a decision in relation to the child on a

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specified issue when the child is under the person's care without consulting the Secretary.

Clause 173 provides for the automatic repeal of the Bill on 1 March 2017.

The repeal of the Bill does not affect in any way the continuing operation of the amendments made by the Bill (see section 15(1) of the Interpretation of Legislation Act 1984).

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