Page 1238 - Week 04 - Thursday, 21 March 2013
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The next amendments relate to strip searches and body searches used to maintain good order. Given the impact strip searches have on young people, especially young people who have been subject to abuse or trauma, the commission recommended the removal of “good order” as it applies to strip searches. The government agreed with this recommendation and has extended the removal of “good order” in relation to conducting body searches. The proposed amendments will remove references to good order being a basis to conduct a strip search under the act.
The bill also addresses the issue of revoking general parental authority for foster carers and residential care services. Under sections 523 and 524, the director-general can revoke a foster carer’s or residential care service’s authorisation when carers have failed to perform their responsibilities or when the person or service has sought to have the authority revoked. However, the act does not include a provision allowing the director-general to revoke the authority when a foster carer is no longer willing or able to provide care or when the foster carer cannot be contacted. The amendment addresses this issue by incorporating additional criteria to apply to the revoking of a foster carer or service authority when they have not provided regular authorised care in the previous 12 months or are no longer willing or able to act as a carer or service provider. I note that the new provision will not prohibit a carer or service from reapplying at a later time.
In relation to the children and young people death register, the amendment clarifies section 727N(4) of the act. It clarifies that a coronial inquest or review by the territory must have ended before any information can be placed on the register of the deaths. This will ensure that the Children and Young People Death Review Committee is the last mechanism of review once all other review processes have been completed.
The Children and Young People Amendment Bill 2012 (No 2), together with the additional amendments which I will move shortly, is a straightforward but important step to ensure that we have a high performing and effective youth justice system in the ACT.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MS BURCH (Brindabella—Minister for Education and Training, Minister for Disability, Children and Young People, Minister for the Arts, Minister for Women, Minister for Multicultural Affairs and Minister for Racing and Gaming) (12.24), by leave: I move amendments Nos 1 and 2 circulated in my name together [see schedule 2 at page 1283]. I table a supplementary explanatory statement.
These are two minor government amendments. The Children and Young People Amendment Bill 2012 (No 2) was first tabled in the Seventh Assembly in May of 2012 and was referred to the scrutiny of bills committee for consideration.
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