Statute Details
- Title: Children and Young Persons (Review Board) Regulations 2011
- Act Code: CYPA1993-S412-2011
- Type: Subsidiary legislation
- Authorising Act: Children and Young Persons Act (Chapter 38)
- Enacting power: Section 88(2) of the Children and Young Persons Act
- Commencement: 20 July 2011
- Current status: Current version as at 26 Mar 2026
- Key amendments noted in extract: Amended by S 518/2020 with effect from 1 July 2020 (including deletions to certain definitions)
- Key provisions (from extract): Regulations 1–15 (citation/commencement; definitions; governance; meetings; decision-making; attendance; case review; visits; interviews; assistance; revocation)
What Is This Legislation About?
The Children and Young Persons (Review Board) Regulations 2011 (“the Regulations”) set out the operational framework for the Children and Young Persons Review Board (“Review Board”) established under the Children and Young Persons Act (the “Act”). In practical terms, the Regulations govern how the Review Board is constituted, how it meets and makes decisions, and how it conducts reviews of children and young persons placed in “homes”.
While the Act provides the substantive legal basis for the Review Board—such as its appointment and its role in relation to residents and release on licence—the Regulations translate that framework into day-to-day procedures. They address governance (Chairperson, Vice Chairperson, Secretary), procedural fairness and accountability (quorum, voting, conflict disclosure), and operational engagement with stakeholders (attendance of the person-in-charge and staff, visits to homes, and interviews with parents/guardians/relatives).
For practitioners, the Regulations are important because they influence the validity and defensibility of Review Board processes. Where decisions affect a resident’s care plan and potential release on licence, procedural compliance can become central in any subsequent challenge, administrative review, or litigation.
What Are the Key Provisions?
1. Citation and commencement; definitions (Regulations 1–2)
Regulation 1 provides the citation and commencement date: the Regulations came into operation on 20 July 2011. Regulation 2 defines key terms, including “Review Board”, “member”, “resident”, and “home”. The extract also indicates that certain definitions were deleted by S 518/2020 with effect from 1 July 2020, reflecting that the definitional scope has been refined over time.
2. Governance: Chairperson, Vice Chairperson, Secretary (Regulations 3–5)
Regulation 3 requires the Chairperson to be appointed by the Minister from among Review Board members, and provides that the Chairperson presides at all meetings. Regulation 4 allows the Chairperson to appoint a Vice Chairperson from among members; in the Chairperson’s absence, the Vice Chairperson presides and may exercise all powers, functions and duties of the Chairperson under the Regulations.
Regulation 5 provides for a Secretary appointed by the Minister. Importantly, the Secretary must not be a member of the Review Board and must not vote in any proceedings. This separation supports procedural integrity: the Secretary’s role is administrative and record-keeping rather than decision-making.
3. Committees of the Review Board (Regulation 6)
The Review Board may appoint one or more committees comprising not less than 3 members. These committees exercise the Review Board’s powers and duties under section 52G of the Act in respect of homes determined by the Review Board. The chair of each committee is appointed by the Review Board.
This committee structure is significant for workload management and for ensuring that reviews can be conducted “as often as practicable” (see Regulation 11). For counsel advising a home or a resident, it is also relevant because procedural steps may be undertaken by the Review Board “either by itself or through its committees”.
4. Resignation and replacement of members (Regulation 7)
Members may resign by written notice to the Minister. The Minister may revoke an appointment at any time. If a member dies, resigns, has the appointment revoked, or otherwise vacates office before the end of the term, the Minister may appoint another person to fill the vacancy for the remainder of the term.
5. Meetings, quorum, voting, and continuity (Regulation 8)
Regulation 8 sets minimum meeting frequencies and decision mechanics. The Review Board must meet at least once every 12 months, while each committee must meet at least once every 3 months. Quorum is 3 members for both the Review Board and committees. No business may be transacted unless quorum is present.
Decisions are by majority of members present and voting. In the event of an equality of votes, the Chairperson (or Vice Chairperson in the Chairperson’s absence) has a casting vote. The Regulations also state that the Review Board is not precluded from holding meetings or acting merely because of a vacancy in membership.
6. Decision-making outside meetings; conflict disclosure (Regulation 9)
Regulation 9 permits the Review Board to transact business by circulation of papers among members. This is a practical mechanism for decisions that do not require a physical meeting, but it is paired with safeguards.
First, if a member is directly or indirectly interested in the business, the member must disclose the nature of the interest in writing to the Chairperson at the first opportunity after the facts are known. The disclosure must be recorded, and the interested member must not take part in the decision.
Second, a decision in writing made by a simple majority of members entitled to take part is treated as valid as if made at a duly convened meeting. The Regulations address how decisions are signed, when they are deemed made (when the last required member signs and the decision is delivered to the Secretary), and allow the Chairperson to stipulate a time period for decision-making. They also permit circulation and delivery by hand, facsimile, or electronic transmission.
7. Attendance of the person-in-charge and staff (Regulation 10)
Regulation 10 requires the person-in-charge of a home and any member of staff to attend meetings if required by the Review Board or the relevant committee. This provision ensures that the Review Board can obtain operational and care-related information directly from those responsible for the home’s management and resident care.
8. Review of cases; care plans and advice on release on licence (Regulation 11)
Regulation 11 is central. It requires the Review Board, either by itself or through committees, to review as often as practicable the case of every resident of each home in respect of which it is appointed. The review is conducted to:
- ensure that a suitable care plan is in place for the resident; and
- advise the Director-General as to the resident’s suitability to be released on licence under section 76(2) of the Act.
The extract indicates that the person-in-charge must submit specified records/reports/document copies to the Review Board or committee. Although the remainder of Regulation 11 is truncated in the provided text, the structure is clear: the Regulations impose a documentation and information-sharing obligation on the home to enable meaningful review.
9. Visits and interviews; assistance by the home (Regulations 12–14)
The Regulations also provide for visits by the Review Board to homes (Regulation 12) and an interview with parents, guardian or relatives of residents (Regulation 13). These provisions reflect that the Review Board’s assessment is not limited to paperwork; it includes direct engagement with the environment and with relevant family or support persons.
Regulation 14 requires the person-in-charge of a home to assist members of the Review Board. In practice, this assistance would likely include facilitating access to residents, records, staff, and the logistics of visits and interviews—though the precise mechanics would be found in the full text of the Regulation.
10. Revocation (Regulation 15)
Finally, Regulation 15 provides for revocation, which typically means replacing earlier subsidiary instruments or removing inconsistent provisions. For practitioners, revocation is relevant when determining which procedural regime applied to events occurring before the commencement of the 2011 Regulations or before later amendments.
How Is This Legislation Structured?
The Regulations are structured as a short procedural instrument with 15 regulations. They begin with administrative matters (citation/commencement and definitions), then move to governance (Chairperson, Vice Chairperson, Secretary, committees, resignation/revocation of members). The middle provisions focus on procedure (meetings, quorum, voting, decision-making by circulation, attendance of home personnel). The later provisions address substantive operational review activities (case review, visits, interviews, assistance), and end with revocation.
For legal work, the Regulations can be read in two layers: (1) internal governance and decision mechanics (Regulations 3–9), and (2) external review processes affecting residents (Regulations 10–14), with Regulation 11 being the key bridge between procedure and substantive outcomes (care plans and advice on release on licence).
Who Does This Legislation Apply To?
The Regulations apply to the Review Board and its committees, including their members, Chairperson, Vice Chairperson, and Secretary. They also apply to homes for children and young persons—including licensed homes and certain unlicensed homes that are subject to review by virtue of the Act.
Operationally, the Regulations impose duties on the person-in-charge and staff of a home to attend meetings when required, to assist the Review Board, and to provide records/reports/documents for case review. They also involve parents, guardians, and relatives through interviews, indicating that the review process may engage persons outside the home’s staff and management.
Why Is This Legislation Important?
Although the Regulations are subsidiary legislation, they are practically significant because they govern the process by which the Review Board influences decisions affecting children and young persons—particularly through ensuring suitable care plans and advising on release on licence. In child welfare and detention-related contexts, procedural fairness and documentation are not merely administrative formalities; they can affect the quality and defensibility of outcomes.
From an enforcement and compliance perspective, the Regulations provide clear procedural requirements: quorum thresholds, voting rules (including casting votes), conflict disclosure for interested members, and the ability to make decisions by circulation with defined validity. These features reduce uncertainty and help ensure that decisions are made by properly constituted bodies and recorded through appropriate channels.
For practitioners advising homes, residents, or stakeholders, the Regulations also highlight where engagement is expected: attendance of home personnel, provision of records, assistance during visits, and participation in interviews. Counsel may use these provisions to assess whether a home has complied with information-sharing duties, whether the Review Board’s process was properly constituted, and whether any procedural irregularities could undermine the reliability of the Review Board’s advice.
Related Legislation
- Children and Young Persons Act (Chapter 38) — in particular, provisions establishing the Review Board and related powers/duties (including sections referenced in the Regulations such as section 52G, section 52P, section 52B, and section 76(2)).
Source Documents
This article provides an overview of the Children and Young Persons (Review Board) Regulations 2011 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.