Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Chapter 14 Standards and standing orders
401A Definitions for ch 14
In this chapter:
"exempt provision"—see section 403A (2).
"place of detention" means an attendance centre, institution, shelter or other place that children and young people may be detained under this Act, but does not include a remand centre.
402 Standard-making power
(1) The chief executive may make standards for this Act.
(2) The standards may make provision in relation to the following:
(a) the care to be provided by the chief executive for children or young people for whom the chief executive has parental responsibility;
(b) the conduct of family group conferences.
(3) A standard is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
403 Standing order-making power
(1) The Minister may make standing orders for this Act.
(2) The standing orders may make provision in relation to the following at or in relation to places of detention:
(a) safety, management and good order (including security);
(b) welfare, health and safety;
(c) powers of search, including of anyone entering, leaving or inside a place of detention;
(d) use of force;
(e) personal property;
(f) education;
(g) visits;
(h) mail and phone calls;
(i) medical care and examinations;
(j) use of technology, including video surveillance and other monitoring devices;
(k) discipline, including penalties and the withdrawal of entitlements;
(l) behaviour management strategies;
(m) anything else prescribed by regulation.
(3) To remove any doubt, the Listening Devices Act 1992 does not apply in relation to the use of video surveillance or other monitoring devices in accordance with a standing order.
(4) A standing order is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2 Exempt provisions are not required to be notified.
(5) This section expires 1 year after the day it commences.
403A Standing orders—provisions about security etc
(1) The Minister may, in writing, certify that—
(a) a stated provision of the standing orders applies to—
(i) the security of a place of detention; or
(ii) the safety of people at a place of detention; or
(iii) anything else prescribed by regulation; and
(b) the publication of the provision would be contrary to the public interest.
(2) The certificate must state in general terms the matter to which the provision (the exempt provision ) applies.
(3) A certificate under subsection (2) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
(4) The following provisions of the Legislation Act do not apply in relation to an exempt provision:
(a) section 61 (Notification of registrable instruments);
(b) section 62 (Effect of failure to notify registrable instrument);
(c) section 64 (Presentation of subordinate laws and disallowable instruments);
(d) section 65 (Disallowance by resolution of Assembly);
(e) section 68 (Amendment by resolution of Assembly).
403B Standing orders—inspection
The chief executive must ensure that a copy of the standing orders (including any exempt provisions) is always available at attendance centres, institutions and shelters for inspection by—
(a) a judge or magistrate; or
(b) the community advocate; or
(c) the human rights commissioner; or
(d) an official visitor; or
(e) the ombudsman.