Page 4184 - Week 10 - Tuesday, 21 September 2010
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education arrangements. This is already a requirement of all ACT public servants providing services to children, young people and their families, and, therefore, complements a well entrenched policy within the ACT.
This amendment appropriately removes the onus upon a parent to report on themselves, their spouse or partner. This course of action is unlikely and may provide no opportunity for children and young people at risk to be brought to the attention of appropriate authorities. The amendment to provide an annual review of reports for children and young people on reviewable care and protection orders provides clarity to those who are tasked with this statutory responsibility.
Currently, the Children and Young People Act 2008 states that the report must be provided each year, an interpretation that is not clear and which creates confusion. The proposed amendment clearly states that a report will be required to be provided up to one month before the completion of each year in the life of the order, providing clarity to the responsible authority as well as the Public Advocate, who independently monitors that the care and best interests of the children and young people are being addressed.
The third amendment proposed is the requirement for a court to apply the same criteria to information given or produced to it. Following its considerations, the court may determine what sensitive information is provided to parties to a proceeding. In the court proceedings, a court may order the provision of documents, which may include sensitive information as defined by the Children and Young People Act 2008. Sensitive information includes details of a child protection report and other information which may include the name or allow the identity of the reporter to be determined.
The act requires that when this information is in documentation the court must consider that the information is materially relevant to the proceedings and, if the information is about a child or young person, the best interests of the child or young person are protected. The current act does not provide the same protection to information that is provided through direct evidence. The amendment proposes to maintain the intent of the legislation and ensure the same criteria are applied to information given or produced to the court.
An amendment is proposed to enable dental therapists to provide a person with daily care responsibilities under the act advice and treatment, following which dental treatment and minor dental surgery for a child or young person in care may be provided. The current act provides that only dentists may advise and provide dental treatment and minor surgery under these provisions. In keeping with the development and regulation of other health professions, the amendment proposes to include dental therapists and dentists as being able to advise and provide dental treatment and minor surgery with the consent of a person who holds daily care responsibility for children and young people under the act.
Dental therapists provide a significant service to the ACT community, and the inclusion of this registered profession will ensure access to appropriate professional interventions for children and young people in the care of the territory. It should be
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