2 Australian Law Reform Commission, Child Welfare (ALRC 18, 1981).
3 Sykes v DPP [1962] AC 528
4 R v Jeffers and Stephens, unreported, Supreme Court of NSW, 2 May 1975
5 See the NSWCrimes (Public Justice) Amendment Act 1990 by way of precedent.
[6] Armed robbery and aggravated burglary, respectively
[7]The Community Advocate has taken over the function of the Youth Advocate.
8For example, under section 18 of the Childrens' Services Act 1986 which provides that agencies must act in support of the Community Advocate. See also sections 13 and 14 of the Community Advocate Act 1991 (investigative and incidentals powers)
9 The Act provides, in section 2, that sections 1 and 2 came into operation on the day on which the law was notified in the Gazette (4 June 1986) while the other provisions were to come into effect on a day fixed by the Minister by notice in the Gazette. Delayed commencement provisions are common in legislation where there is a need to co-ordinate the commencement of a new law with other administrative actions (such as the establishment of the administrative infrastructure to support the legislation). While all remaining uncommenced provisions were commenced by the Commonwealth Minister responsible for the ACT in April 1988, section 103(2) was specifically exempted from commencement. At that time, the Minister announced that section 103(2) would be commenced in March/April 1989 and requested the Children's Services Council to facilitate its introduction. However, notwithstanding this announcement, the provision has not come into effect. Since Self-Government, the Territory has reviewed the use of commencement clauses and has adopted a new form of clause which provides that, if a Minister does not commence the law within 6 months, it commences at the end of six months from the date of gazettal.
10 Family Law Amendment Act 1991, new section 70BC(1)(a).
11 The following discussion is largely taken from the publication entitled Child Abuse, A Guide for Management, The Co-ordinating Committee on Child Abuse, Brisbane