Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
Children, Young Persons and Their Families Amendment Amendment Bill 2017
Clause 1: Short Title
This clause provides that the Act is to be referred to as the
Children, Young Persons and Their Families Amendment Amendment
Act 2017.
Clause 2: Commencement
This clause provides that the Act commences on a day or days to
be proclaimed.
Clause 3: Principal Act
This clause provides that the Principal Act amended by this Bill is
the Children, Young Persons and Their Families Amendment Act 2013.
Clause 4: Section 4 amended (Section 3 amended (Interpretation))
This clause amends section 4 of the Children Young Persons and
Their Families Amendment Act 2013 by inserting the following
additional definition:
“Convenor” – means a person who has been assigned to convene
and facilitate a family meeting under section 29C of the Principal
Act.
Clause 5: Section 7 amended (Section 11 amended (Voluntary care
agreement)
This clause amends section 7 of the Children Young Persons and
Their Families Amendment Act 2013 by removing reference to
“arising from a disability”. This ensures that ‘special circumstances’
is interpreted broadly, and includes but is not limited by the
reference to disability.
In addition, the clause also amends section 7 to clarify that the
current initial period of three months for a voluntary care
agreement can be extended by up to three months to make the
total maximum period of care six months.
Clause 6: Section 11 amended (Part 5, Division 1AA inserted)
Clause 6 amends section 11 of the Act by omitting the proposed
new subsection 29A(2) and substituting it with a new subsection
that provides that the Secretary must cause a family meeting to be
Page 1 of 2
convened if a Court adjourns proceedings and refers a matter to a
family meeting for consideration and report; or if the Secretary is
required under section 53 to convene a family meeting.
The clause also omits the proposed new sections 29C to section
29G inclusive, and substitutes replacement sections. The new
replacement sections are summarised below.
29C Convening family meeting
This section outlines the family meeting process, who may be
consulted, invited, the use and appointment of a convenor of a
family meeting and what must be taken into account in convening
a family meeting.
29D Procedure at family meeting
This section provides that the family meeting is undertaken in an
informal manner and the convenor may adjourn the meeting.
29E Convenor may prepare report
This section provides that a convenor may prepare a report of the
family meeting and a copy may be provided to any person the
Secretary considers appropriate.
29H Publication of discussion at, and reports on, family meeting
Sub-section 29H(3) of the Principal Act is omitted and replaced
with a provision that provides that any report of the convenor
made following a family meeting is admissible in proceedings under
Division 2 for the purpose of establishing that a decision was or
was not made.
Clause 7: Sections 36 and 37 repealed
This clause repeals the existing sections 36 and 37 of the Children
Young Persons and Their Families Amendment Act 2013. The
provisions being omitted originally made consequential
amendments regarding section 87 (Functions of facilitator) and
section 88 (Guidelines for facilitator) of the Children Young Persons
and Their Families Act 1997 in respect to references to family
meetings. These references are no longer required due to the
earlier amendments.
Clause 8: Repeal of Act
Clause 8 is a formal provision that repeals this Amendment Act on
the 365th day from which it commences.
Page 2 of 2