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Legislation Children's Services Ordinance 1986 (1986 - 1999)
Commonwealth of Australia
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.'
(Children's Services Ordinance 1986, Explanatory Statement)
Existing antiquated procedures which result in children in need of care being charged with a criminal offence are abolished.
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 Repealed by Children and Young People Act 1999.
- Children's Services Ordinance 1986 (Cth), 1986. Also available at http://www1.aiatsis.gov.au/exhibitions/removeprotect/leg/multipages/act/vn21313262-9x.html. Details
- 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
- Children's Services Ordinance 1986 (Cth)
- AustLII: Australasian Legal Information Institute; and AIATSIS: To Remove and Protect: ACT
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