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Legislative Assembly for the ACT: 1999 Week 7 Hansard (1 July) . . Page.. 1959 ..


about residence, and in the latter to orders all connected with the functions of the Director. As I have just mentioned, the Bill allows for orders for assessment and specific issues to be made. It also provides for interim care and protection orders on adjournment and for final orders relating to, and in favour of, people other than the chief executive.

In line with striving for settled and permanent living arrangements, one such order is to be known as an 'enduring parental responsibility order'. Like 'permanent care orders', as they are known in Victoria, these orders will be available in cases relating to children or young people who have been living with substitute carers under care and protection orders for at least 2 years. Where there is no realistic possibility of others with parental responsibility for them resuming that responsibility, these enduring orders may be made until a young person turns 18.

THERAPEUTIC PROTECTION ORDERS

Another particular group of people in the community for whom the Bill provides, is that very small group I referred to earlier, and which this Assembly's Social Policy Committee identified in its December 1997 report, as being at 'very high risk'. I mentioned before, the new concept of 'therapeutic protection orders'.

I want to take time here to describe these court-ordered measures in some detail.

The Bill describes 'therapeutic protection' as care provided at a place for a child or young person by the chief executive, where the child or young person is confined in an appropriate way to protect him- or herself from serious harm. It is closely aligned with a new measure in New South Wales childrens law called 'compulsory assistance'.

Before making an order the court must be satisfied that the child or young person is in need of care and protection (or would be in need if no order was made). It must also be satisfied as to why the child's or young person's needs are said to require the order, as to the therapy or program that is to be put in place, and as to the time, date and duration for which the therapeutic protection is expected to be provided. A therapeutic protection order may then only be for a maximum of 8 weeks at a time. If made as a final care and protection order, that period may be renewed on application to the court.

The order operates as a residence order and gives the chief executive responsibility for the day-to-day care, welfare and development of the child or young person. People receiving therapeutic protection are to have reasonable contact with their parents and siblings. They are not to be prevented from seeing the community advocate or the official visitor for the purposes of the Act. If therapy involves isolation from


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