Page 3214 - Week 11 - Thursday, 12 September 1991
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that Act became operative in April 1988. The Children's Services Council, the statutory body set up under the legislation to advise on children's welfare, has identified a number of operational difficulties with the Act and has recommended amendments. These form the basis of the primary Bill.
Mr Speaker, I do not propose to go through the provisions of the Bill in detail. Members have adequate explanatory notes attached to the Bill for this purpose. I do, however, wish to refer to the major provisions of the legislation and to explain their implications for the ACT community.
As I said, a number of provisions in the Act have caused operational problems and these are now proposed to be changed. One such problem provision, of great importance, is that part of the Act's definition of a "child in need of care" relating to health impairment or psychological damage. The Supreme Court, on appeal, has held that the current definition does not allow the Children's Court to make a care order to prevent a child from being returned to an at risk situation once a child has been removed from that situation. This Bill remedies that obvious defect.
Another difficulty is the time that elapses before parents are informed when a child of eight years or older has entered a place of safety other than a youth refuge. Under the 1986 provisions, a child had to be there for more than 12 hours before the person in charge was required to notify a police officer or the Youth Advocate. The Bill will require this notification to be made as soon as practical and in any case within 12 hours of the child arriving. This, in turn, will ensure earlier notification by the Youth Advocate to parents, thus alleviating their concerns over the safety of their children.
Mr Speaker, I would like to draw to members' attention a number of provisions in the Bill to protect the rights of children. An important addition to the Act is the provision for the appointment of an official visitor to visit and inspect shelters and institutions, at least weekly, to ensure their proper conduct. He or she will also investigate complaints by children and may report on appropriate cases to the Minister and make recommendations to the Director.
Another addition is the extension of the powers of the Director to consent to the medical examination of a child placed in care in the face of parental objection or lack of consent. The Director already has this power for medical treatment but not for examination. In addition, hospitals are to be included in the list of places where a child must be before the Director can consent to such medical examination and/or treatment. These changes are essential to ensure that evidence of abuse, injury, et cetera, may be legally obtained to justify early protective intervention.
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