What's happening

The ACT Government is changing child, youth and family services. It aims to strengthen families and keep children and young people safe and connected. Updating the Children and Young People Act 2008 (the CYP Act) is one part of this plan for reform.

The work to modernise the Children and Young People Act commenced with the introduction and passage of the Children and Young People Amendment Act 2023, passed by the Assembly on 2 November 2023.

Stage 2 amendments were passed in the Legislative Assembly on 26 June 2024, and most of these changes began on 11 July 2024.

Following extensive consultation informing the changes reflected in Stages 1 and 2, there was a strong call for the release of a draft third Bill. The draft Children and Young People Amendment Bill 2024 (No 3) represents the final legislative changes proposed by the ACT Government, and was tabled in the ACT Legislative Assembly on 5 September 2024.

The draft Bill, along with a detailed ‘Questions and Answers’ document, is available in the document library on this page.

The tabling of this draft Bill marks the conclusion of this consultation process. You are welcome to direct any questions to CYPAct@act.gov.au.

Why does the CYP Act need changing?

The CYP Act is one of the ACT's largest and most complex pieces of legislation. Since it began in 2008, it has been updated many times, making it more complex and difficult to understand.

Over the last ten years, advancements in child protection and family support across Australia have also happened. As a result, the community's expectations of government and how human services are delivered have changed.

Feedback from reviews and consultations has also told us the CYP Act needs to change.

What are the key focus areas of this reform?

The review of the CYP Act has occurred over three stages, prioritising children and young people’s safety, welfare and wellbeing. The changes also enable the system to provide earlier support when needed.

The stages of reform have been driven by five core objectives:

  1. To promote shared responsibility for child protection through collaborative information sharing and reform of mandatory reporting laws.
  2. To empower children by strengthening their rights and voices in decision-making.
  3. To enable diversion from the statutory child protection system into earlier support services.
  4. To deliver more equitable, transparent, and accountable decision-making processes.
  5. To address the over-representation of Aboriginal and Torres Strait Islander children, young people, and families in the child protection system.

Stage 1 amendments focus on

  • The reduction of operational barriers to good child protection practice.
  • Efforts to end the over-representation of Aboriginal and Torres Strait Islander people in the child protection system, including embedding the five elements of the Aboriginal and Torres Strait Islander Child Placement Principle.
  • A strengthened definition of ‘significant harm’ to include sexual abuse, domestic violence, grooming, and sexual exploitation, aligning ACT standards with those of other states and territories.
  • The expansion of the Child and Young People Death Review Committee’s scope to include young adults and serious injuries, facilitating a more inclusive and thorough review to reduce preventable deaths of children and young people.
  • The simplification of reporting processes to enhance operational efficiency and safeguarding efforts.

Stage 2 amendments focus on

  • The establishment of an external merits review process for child protection decisions in the ACT Civil and Administrative Tribunal.
  • A framework for charters to be prepared, maintained, and notified.
  • Extending mandated support for care leavers up to the age of 21 years.

If implemented, Stage 3 amendments will focus on

  • Changes to the ACT’s mandatory reporting and information sharing schemes to enhance collaboration and ensure families can access relevant early support services beyond the statutory system.
  • The delegation of powers to external organisations, including Aboriginal Community-Controlled Organisations, to allow for a more tailored, responsible, and culturally appropriate child protection system.
  • The introduction of guiding principles, streamlined assessments, and a new suite of court orders and thresholds for intervention into the lives of families.
  • A strengthened approach to family preservation, reunification, and the establishment of stable and culturally appropriate care arrangements.
  • An enhanced quality of and oversight of case management, including greater guidance and standards for case planning and wider access to family-led decision-making processes.

The proposed changes across all stages will deliver significant, tangible and positive change. This will benefit children, young people, families, carers and workers involved with the ACT child protection system.

What has informed this reform?

These reforms are based on evidence and considerable past stakeholder feedback on the need to shift the system's focus to early support. This will empower children, young people and their families to achieve positive life outcomes and ensure long-term wellbeing for our community.

Previous consultation with the community and key stakeholders on key parts of this reform also happened. This included external merits review, embedding the Aboriginal and Torres Strait Islander Child Placement Principle in legislation and a charter for parents and families.

Agreed and supported recommendations from a range of reviews, inquiries and reports, both at the territory and national level, along with local and national strategies, have also driven this work.

The proposed legislative reforms are informed by: