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TASMANIA
__________
CHILDREN, YOUNG PERSONS AND THEIR
FAMILIES AMENDMENT BILL 2021
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 77Z repealed
5. Sections 111C and 111D inserted
111C. National database
111D. Disclosure of information
6. Repeal of Act
[Bill 28]-VIII
2
CHILDREN, YOUNG PERSONS AND THEIR
FAMILIES AMENDMENT BILL 2021
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
2 September 2021
(Brought in by the Minister for Children and Youth, the
Honourable Sarah Jane Courtney)
A BILL FOR
An Act to amend the Children, Young Persons and Their
Families Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Children, Young
Persons and Their Families Amendment Act
2021.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 28] 3
Children, Young Persons and Their Families Amendment Act
2021
Act No. of 2021
s. 3
3. Principal Act
In this Act, the Children, Young Persons and
Their Families Act 1997* is referred to as the
Principal Act.
4. Section 77Z repealed
Section 77Z of the Principal Act is repealed.
5. Sections 111C and 111D inserted
After section 111B of the Principal Act, the
following sections are inserted in Division 2:
111C. National database
(1) In this section -
national database means the database
endorsed by the Secretary in
accordance with subsection (2);
participating jurisdiction means the
Commonwealth, a State or
Territory if that jurisdiction has -
(a) provided information to
be stored in the national
database; or
(b) accessed information that
is stored in the national
database;
_______________________________________________________________
*No. 28 of 1997
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Children, Young Persons and Their Families Amendment Act 2021
Act No. of 2021
s. 5
relevant person, in relation to a child,
means a person who is, has been
or is likely to be -
(a) a parent, or guardian, of
the child; or
(b) a sibling of the child; or
(c) a carer of the child; or
(d) a person who has lived in
the same household as the
child; or
(e) a relative of the child,
whether or not that
relative is a biological
relative; or
(f) a member of the family of
the child; or
(g) a significant person in
respect of the child; or
(h) a person who has been
alleged, assessed or
convicted of causing harm
to the child; or
(i) a prescribed person, or a
member of a class of
prescribed persons, in
respect of the child.
(2) Subject to subsection (3), the Secretary
may endorse a database to facilitate the
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Children, Young Persons and Their Families Amendment Act
2021
Act No. of 2021
s. 5
information, specified in subsection (4),
to be shared, for the purposes of this Act,
between each participating jurisdiction.
(3) The Secretary may only endorse a
database under subsection (2) if the
Secretary is satisfied on reasonable
grounds that, as far as is practicable, the
information recorded and stored in the
national database is only accessed for
one or more of the following purposes:
(a) for a purpose authorised or
required by, or under, this Act or
another Act;
(b) for the purposes of providing a
national exchange of information
to inform assessments and
interventions related to the safety
and wellbeing of children;
(c) for the purposes of the
administration of an Act of this
State, another State or a Territory,
or the Commonwealth.
(4) The Secretary may specify the
information, or class of information, that
is to be recorded and stored in the
national database in respect of a child,
and each relevant person in respect of the
child, if -
(a) the Secretary is satisfied that the
recording of such information in
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Children, Young Persons and Their Families Amendment Act 2021
Act No. of 2021
s. 5
the national database is necessary
to enable a person in a
participating jurisdiction to
perform duties or exercise powers
under a child welfare law, or an
interstate law, within the meaning
of Part 8; and
(b) the information has been
collected under the authority of,
or provided for the purposes of,
this Act.
(5) For the avoidance of doubt, information
may be recorded and stored in the
national database under subsection (4) in
respect of a person if -
(a) the person -
(i) was a child at the time
when the information was
collected, regardless of
whether the person has
since attained the age of
18 years; or
(ii) was a relevant person in
respect of a child at the
time when the
information was
collected, regardless of
whether the child has
since attained the age of
18 years; and
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Children, Young Persons and Their Families Amendment Act
2021
Act No. of 2021
s. 5
(b) the information was collected
under the authority of, or
provided for the purposes of, this
Act, the Child Protection Act
1974 or the Child Welfare Act
1960.
(6) The Personal Information Protection Act
2004 does not apply to information
recorded and stored in, or accessed from,
the national database to the extent that -
(a) the information is recorded and
stored in the national database in
accordance with this section; or
(b) the information is accessed in this
jurisdiction by a person, or a
member of a class of persons,
approved by the Secretary to
access the information.
(7) Nothing in this section prevents the
Secretary, or any other person, from
disclosing information received or
provided under this Act in respect of a
child, or relevant person in respect of a
child, if that information may be lawfully
disclosed under this Act or any other Act.
111D. Disclosure of information
Despite anything to the contrary in this
Act, the Secretary may disclose, to a
person in another jurisdiction, any
information that has come to the notice
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Children, Young Persons and Their Families Amendment Act 2021
Act No. of 2021
s. 6
of the Secretary in the performance of
duties or exercise of powers under this
Act if the Secretary considers that it is
necessary to do so to enable the person to
perform duties or exercise powers under
a child welfare law, or an interstate law,
within the meaning of Part 8.
6. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.