23—Who may attend a family group conference
(1) Subject to this
Part, the following people are entitled to attend a family group conference
convened in respect of a child or young person:
(a) the
child or young person;
(b) the
parents and guardians of the child or young person;
(c)
members of the child or young person's family;
(d)
persons who have a close association with the child or young person and who
should, in the opinion of the co-ordinator, attend the conference;
(e) a
person who, in accordance with subsection (4)(c), is arranged to act as
advocate for the child or young person at the conference;
(f) a
person authorised by the Chief Executive for the purposes of this section;
(g) if
an investigation into the child or young person's circumstances has been
carried out under this Act—a person nominated by the co-ordinator who
has examined, assessed, counselled or treated the child or young person in the
course of the investigation;
(h) if
the child or young person is an Aboriginal or Torres Strait
Islander child or young person—a person nominated by an Aboriginal
organisation or Torres Strait Islander organisation (as the case requires) of
a kind that is, in the opinion of the co-ordinator, relevant to the subject of
the conference;
(i)
if persistent absenteeism from school is involved—
(i)
if the child or young person is enrolled at a Government
school—an employee of the administrative unit of the Public Service
assisting a Minister with the administration of the Education Act 1972
nominated by the Chief Executive of that administrative unit; or
(ii)
if the child or young person is enrolled at a
non-Government school—a person nominated by the head teacher of the
school;
(j) any
other person (not being a legal practitioner) who the child or young person,
or their parents or guardians, wish to support them at the conference and who,
in the opinion of the co-ordinator, would be of assistance in that role;
(k) any
other person, or person of a class, prescribed by the regulations for the
purposes of this paragraph.
(2) However, the
co-ordinator of a family group conference may exclude a person referred to in
subsection (1) (including, to avoid doubt, the child or young person to
whom the conference relates) from attending a family group conference if the
co-ordinator is satisfied that to do so would be in the best interests of the
child or young person.
(3) The co-ordinator
of a family group conference must, as far as is reasonably practicable,
consult with the child or young person and their parents and guardians as to
the attendees at, or persons to be excluded from attending, the conference.
(4) The co-ordinator
of a family group conference must, as far as is reasonably practicable, ensure
that—
(a) the
conference is held at a time and place that is suitable to the
child or young person and their parents and guardians; and
(b) a
person who is entitled to be at the conference is given notice in accordance
with the regulations of the time and place at which the conference is to be
held; and
(c) a
suitable person (who, to avoid doubt, need not be a legal practitioner) is
arranged to act as advocate for the child or young person at the conference.
(5) However, the
co-ordinator of a family group conference need not comply with
subsection (4)(c) if they are satisfied that the child or young person
has made an informed and independent decision to waive their right to be so
represented.