Legislation Children's Services Ordinance 1986 (1986 - 1999)

Commonwealth of Australia

From

1986

To

1999

Categories

Legislation

Summary

Replaced the Child Welfare Ordinance 1957 (Cth).The Children's Services Ordinance 1986 emphasises strengthening and preserving the relationship between the child and his or her family and the desirability of leaving a child in their home. In cases where a court found that a child was 'in need of care' it could make a supervision order; a residential order; commit the child to an institution; make the child a ward of the Director of Family Services; or refer the child to the Mental Health Tribunal for assessment.

The Children's Services Ordinance 1986 introduced the legal term 'child in need of care'. It also took a significant step in separating 'children in need of care' from 'juvenile offenders.'

Existing antiquated procedures which result in children in need of care being charged with a criminal offence are abolished.

(Children's Services Ordinance 1986, Explanatory Statement)

The 1986 Ordinance placed clear legislative guidelines on procedures relating to arrest, interviews, fingerprinting and photographs of children. It legislated for 'compulsory reporting' in regards to the abuse of children and created offences for abuses committed.

Emphasis was placed on the importance of addressing the individual child's understanding of the court system, and to the specific needs and concerns relevant to children. Repealed by Children and Young People Act 1999.

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Related Entries

Related Glossary Terms

• Child in need of care (1986 - )
• Juvenile Justice Centre

  Date: 1962 -

• Neglected Child (1905 - 1986)

  Date: 1905 - 1986

Related Legislation

• Child Welfare Agreement Ordinance 1941 (Cth), Commonwealth of Australia (1941 - 1986)
• Child Welfare Ordinance 1957 (Cth), Commonwealth of Australia (1957 - 1986)
• Children and Young People Act 1999, Australian Capital Territory (1999 - 2008)

Publications

Statutes

• Children's Services Ordinance 1986 (Cth), 1986. Also available at http://www1.aiatsis.gov.au/exhibitions/removeprotect/leg/multipages/act/vn21313262-9x.html. Details

Online Resources

• Children's Services Ordinance 1986, Explanatory Statement, ACT Government, 1986, http://www.legislation.act.gov.au/a/1986-13/default.asp. Details
• 'Australian Capital Territory: Provisions of the legislations', in To remove and protect: laws that changed Aboriginal lives, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2009, http://www1.aiatsis.gov.au/exhibitions/removeprotect/prov/act_prov.html. Details

Gallery

Title

Children's Services Ordinance 1986 (Cth)

Type

Document

Date

1986

Source

AustLII: Australasian Legal Information Institute; and AIATSIS: To Remove and Protect: ACT

Details

Sources used to compile this entry: Children's Services Ordinance 1986, Explanatory Statement, ACT Government, 1986, http://www.legislation.act.gov.au/a/1986-13/default.asp; 'Australian Capital Territory: Provisions of the legislations', in To remove and protect: laws that changed Aboriginal lives, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2009, http://www1.aiatsis.gov.au/exhibitions/removeprotect/prov/act_prov.html.

Prepared by: Lydia Connell

Created: 4 May 2011, Last modified: 15 December 2011