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Legislative Assembly for the ACT: 1999 Week 11 Hansard (19 October) . . Page.. 3329 ..

MR RUGENDYKE (continuing):

This simply facilitates clause 193A. It clarifies the role of carers in respect of new section 197.

Amendment agreed to.

Postponed clause, as amended, agreed to.

Postponed clauses 198 to 211, by leave, taken together and agreed to.

Postponed clause 212

MR RUGENDYKE (6.08): I move:

Page 97, line 29, omit the clause, substitute the following clause:

"212 Applications for assessment orders

(1) The chief executive may apply to the court for an assessment order in relation to a child or young person if the chief executive considers it appropriate to do so.

(2) A person, other than the chief executive, may apply to the court for an assessment order in relation to a child or young person in accordance with section 193A only if the chief executive has not made a care and protection application in relation to the child or young person.

(3) A person, including the chief executive, may make an application for an assessment order by telephone, fax or other electronic means in an urgent case.".

This alters clause 212 to enable a person other than the chief executive to apply to the court for an assessment order in relation to a child or young person in accordance with that new clause 193A. That occurs if the chief executive has not made a care and protection order in relation to the child or young person. It also allows the person or the chief executive to make application for an assessment order by phone, fax or other electronic means in an urgent case.

MS TUCKER (6.09): I want to restate concerns about this. The previous amendments are all similar. Unlike the Government's original provision which allowed only the chief executive to make these orders, it is yet again allowing outside people to do this. I am sorry that the Minister cannot explain why they have taken this change of position because it would have clarified it. Again I want to exercise my right to sound a word of caution and concern about this amendment.

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