Tasmanian Numbered Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 (NO. 28 OF 1997)

- Act 28 of 1997
- Royal Assent 5 November 1997

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Meaning of "at risk"
   5.      Responsibilities and powers of guardian
   6.      Responsibilities and powers of person who has custody
   7.      Object
   8.      Principles to be observed in dealing with children
   9.      Principles relating to dealing with Aboriginal children
   10.     Determining age

   PART 2 - Care agreements

   11.     Voluntary care agreement
   12.     Termination of care agreement

   PART 3 - Informing of concern about abuse or neglect

   13.     Responsibility to prevent abuse or neglect
   14.     Informing of concern about abuse or neglect
   15.     Protection from liability for voluntary or mandatory information
   16.     Confidentiality of person informing of knowledge, belief or suspicion of abuse or neglect
   17.     Secretary not obliged to take action in certain circumstances

   PART 4 - Assessments

           Division 1 - Assessments by Secretary

   18.     Assessment by Secretary
   19.     Assistance by police officer
   20.     Power to require child to be taken for assessment
   21.     Power of Secretary to have short-term custody

           Division 2 - Assessment orders

   22.     Assessment order
   23.     Restraint order
   24.     Variation or discharge of assessment order
   25.     Limited adjournment only
   26.     Interim assessment order on adjournment
   27.     Restraint order on adjournment
   28.     Effect of appeal against assessment order or interim assessment order

           Division 3 - Examination and assessment of children

   29.     Examination and assessment of child

   PART 5 - Children in need of care and protection

           Division 1 - Family group conferences

   30.     Family group conference held in certain circumstances
   31.     Purpose of family group conference
   32.     Convening family group conference
   33.     Constitution of and attendance at family group conference
   34.     Procedure at family group conference
   35.     Power of facilitator to appoint child's advocate
   36.     Finalising family group conference
   37.     Action by Secretary after family group conference
   38.     Effect of approving recommended arrangements
   39.     Review of arrangements for care and protection of child
   40.     Publication of discussion at, and reports on, family group conference
   41.     Guardians whose whereabouts are unknown

           Division 2 - Care and protection orders

   42.     Care and protection order
   43.     Restraint order
   44.     Extension of care and protection order
   45.     Limited adjournment only
   46.     Interim care and protection order on adjournment
   47.     Restraint order on adjournment
   48.     Variation, revocation, suspension and end of care and protection order or interim care and protection order
   49.     Effect of order granting custody or guardianship
   50.     Non-compliance with order
   51.     Right of other interested persons to be heard
   52.     Conference of parties
   53.     Review of arrangements for care and protection of child

   PART 6 - Procedural matters

   54.     Matters Court must consider
   55.     Determining what is child's best interests
   56.     Allowing opportunity for child to express wishes
   57.     How wishes of child are expressed
   58.     Children not required to express wishes
   59.     Court orders for separate representation of child
   60.     Order that child be made available for examination
   61.     Order that report be made
   62.     Court may refer a matter to a family group conference
   63.     Evidence
   64.     Parties to application
   65.     Service of applications on parties
   66.     Hearings in absence of a party
   67.     Joinder of parties
   68.     Orders for costs

   PART 7 - Children under guardianship or in custody of secretary

   69.     Powers and duties of Secretary in relation to children under guardianship or in custody of Secretary generally
   70.     Power of Secretary to consent to adoption of child
   71.     Review of circumstances of child under long-term guardianship of Secretary
   72.     Dealing with child's estate as guardian
   73.     Maintenance of child
   74.     Contribution order
   75.     Contribution agreement

   PART 8 - Interstate transfers of children under guardianship, &c.

   76.     Guardianship, custody or supervision of child from another State
   77.     Transfer of guardianship, custody or supervision to an interstate Government authority

   PART 9 - Commissioner for children, advisory panels and facilitators

           Division 1 - Commissioner for Children

   78.     Commissioner for Children
   79.     Functions of Commissioner
   80.     Powers of Commissioner
   81.     Committees
   82.     Adverse comment
   83.     Annual report

           Division 2 - Advisory panels

   84.     Advisory panels
   85.     Functions of advisory panel

           Division 3 - Facilitators

   86.     Facilitators
   87.     Functions of facilitator
   88.     Guidelines for facilitator
   89.     Powers of facilitator
   90.     Register of facilitators

   PART 10 - Miscellaneous

           Division 1 - Offences

   91.     Offence to fail to protect child from harm
   92.     Offence to leave child unattended
   93.     Public entertainment by children
   94.     Trading by children in public places
   95.     Offence to harbour or conceal child, &c.
   96.     Offence to remove, counsel or induce child to be absent without lawful authority, &c.
   97.     Circumstances in which child may be taken into safe custody
   98.     Court's powers in respect of child taken into safe custody
   99.     Offences in relation to visiting child, &c.
   100.    Hindering a person in execution of duty
   101.    Offence to fail to answer question or provide report
   102.    False or misleading statement
   103.    Duty to maintain confidentiality

           Division 2 - General provisions

   104.    Power of police officer to enforce order by removing child
   105.    Officers must produce evidence of authority
   106.    Declaration of recognised Aboriginal organisation
   107.    Warrants
   108.    Evidentiary matters
   109.    Limit on prosecuting
   110.    Delegation by Minister, Secretary and Commissioner
   111.    Protection from liability
   112.    Regulations
   113.    Administration of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4