Australian Law Reform Commission

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Implementation

A substantial portion of the Commission's recommendations were implemented by the Children's Services Act 1986 (ACT). As recommended, the new legislation's treatment of young people distinguished between young offenders and children in need of care. A general policy of non-intervention underlies the Act. Prosecution or court-enforced orders were to be avoided or, if essential, were to be managed in as non-intrusive way as possible.

The Act also established various offices and bodies to address the issue of young people's welfare. The Children's Services Council was established to advise the government on this area. The office of the Director of Family Services was created to provide welfare services. In addition, the Official Visitor was established to inspect and oversee children's welfare facilities.

In May 2000, the Children and Young People Act 1999 (ACT) came into effect, repealing the Children's Services Act 1986 (ACT). The measures described above, however, were retained in the legislation. A significant purpose of the new Act was to clarify and expand the court's powers to make orders. In some cases, the new Act is more comprehensive in implementing the Commission's recommendations. In the new Act, special provision is made for emergency protection orders and community service orders.

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The information on this page was current as of January 2005
This page was updated 3 December 2002

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