Page 4188 - Week 10 - Tuesday, 21 September 2010
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the Public Advocate each year in the life of the order. In addition, the amendment processes that the report may be prepared for up to at least one month before the anniversary of the order, allowing for periods when the anniversary date may occur during a weekend or a public holiday.
Section 866 of the act enables the court to order that direct evidence or documents be provided to the court, including sensitive information. Sensitive information is defined at section 845 of the act as information. This is included in a care and protection report, a care and protection appraisal, interstate care and protection information, family group conference information, a contravention report for childcare purposes, and any information prescribed by regulation. Sensitive information includes information concerning the identity of a reporter.
The act requires, when considering sensitive information in a document, that the court not allow the document to be given to the parties to the proceedings, unless 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 act does not require the application of these criteria on the receipt of the information given through direct evidence. The amendment proposes to ensure that the same requirements apply to information given or produced in the court. This will ensure protection of the identity of the reporters and consistency when the court considers the provision of sensitive information to parties to a proceeding.
When a child or young person is placed in the care of the chief executive or an approved carer, they may have daily care responsibilities for the child or the young person in their care. Daily care responsibility decisions include decisions about whom the child lives with, whom the child may or may not have contact with, healthcare assessments and treatment, other than surgery and dental treatment and minor dental surgery.
References in the act regarding dental advice and treatment are confined to the advice and treatment received from a dentist. Dental therapists are registered professionals under the Health Practitioner Regulation National Law (ACT) 2010 who conduct dental assessment, oral health plans, preventative and restorative treatment and emergency dental treatment. The registration conditions of dental therapists for either provisional or limited registration would only enable them to perform functions to the extent the person is allowed to do the activity under the person’s registrations.
Dental services are provided by dental therapists and including them within the act enables this professional group to advise and provide treatment and minor surgery and would make dental services more accessible and responsive to the needs of the children and the young people in care.
The support, care and protection of children and young people in the Australian Capital Territory is a community priority and these minor amendments strengthen the aspects of the legislation that achieve this outcome. A robust and effective Children and Young People Act 2008 is desirable for us, as members of the Assembly, as community members, as adults and as parents and carers.
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