Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 28 of 1997
- Royal Assent 5 November 1997
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Interpretation
4. 4. Meaning of "at risk"
5. 5. Responsibilities and powers of guardian
6. 6. Responsibilities and powers of person who has custody
7. 7. Object
8. 8. Principles to be observed in dealing with children
9. 9. Principles relating to dealing with Aboriginal children
10. 10. Determining age
PART 2 - Care agreements
11. 11. Voluntary care agreement
12. 12. Termination of care agreement
PART 3 - Informing of concern about abuse or neglect
13. 13. Responsibility to prevent abuse or neglect or certain
behaviour
14. 14. Informing of concern about abuse or neglect or certain
behaviour
15. 15. Protection from liability for voluntary or mandatory
information
16. 16. Confidentiality of person informing of knowledge, belief or
suspicion of abuse or neglect or certain behaviour
17. 17. Secretary not obliged to take action in certain circumstances
17A. 17A. Secretary may refer notification
PART 4 - Assessments Division 1 - Assessments by Secretary
18. 18. Assessment by Secretary
19. 19. Assistance by police officer
20. 20. Power to require child to be taken for assessment
21. 21. Power of Secretary to have short-term custody
Division 2 - Assessment orders
22. 22. Assessment order
23. 23. Restraint order
24. 24. Variation or discharge of assessment order
25. 25. Limited adjournment only
26. 26. Interim assessment order on adjournment
27. 27. Restraint order on adjournment
28. 28. Effect of appeal against assessment order or interim
assessment order
Division 3 - Examination and assessment of children
29. 29. Examination and assessment of child
PART 5 - Children in need of care and protection Division 1 -
Family group conferences
30. 30. Family group conference held in certain circumstances
31. 31. Purpose of family group conference
32. 32. Convening family group conference
33. 33. Constitution of and attendance at family group conference
34. 34. Procedure at family group conference
35. 35. Power of facilitator to appoint child's advocate
36. 36. Finalising family group conference
37. 37. Action by Secretary after family group conference
38. 38. Effect of approving recommended arrangements
39. 39. Review of arrangements for care and protection of child
40. 40. Publication of discussion at, and reports on, family group
conference
41. 41. Guardians whose whereabouts are unknown
Division 2 - Care and protection orders
42. 42. Care and protection order
43. 43. Restraint order
44. 44. Extension of care and protection order
45. 45. Limited adjournment only
46. 46. Interim care and protection order on adjournment
47. 47. Restraint order on adjournment
48. 48. Variation, revocation, suspension and end of care and
protection order or interim care and protection order
49. 49. Effect of and limitations on care and protection order or
interim care and protection order
50. 50. Non-compliance with order
51. 51. Right of other interested persons to be heard
52. 52. Conference of parties
53. 53. Review of arrangements for care and protection of child
PART 5A - Information sharing
53A. 53A. Interpretation
53B. 53B. Secretary and information-sharing entities may provide
information
PART 5B - Community-Based Intake Service
53C. 53C. Interpretation
53D. 53D. Community-Based Intake Service
53E. 53E. Functions of a Community-Based Intake Service
53F. 53F. CBIS guidelines
PART 6 - Procedural matters
54. 54. Matters Court must consider
55. 55. Determining what is child's best interests
56. 56. Allowing opportunity for child to express wishes
57. 57. How wishes of child are expressed
58. 58. Children not required to express wishes
59. 59. Court orders for separate representation of child
60. 60. Order that child be made available for examination
61. 61. Order that report be made
62. 62. Court may refer a matter to a family group conference
63. 63. Evidence
64. 64. Parties to application
65. 65. Service of applications on parties
66. 66. Hearings in absence of a party
67. 67. Joinder of parties
68. 68. Orders for costs
PART 7 - Children under guardianship or in custody of secretary
69. 69. Powers and duties of Secretary in relation to children under
guardianship or in custody of Secretary generally
70. 70. Power of Secretary to consent to adoption of child
71. 71. Review of circumstances of child under long-term guardianship
of Secretary
72. 72. Dealing with child's estate as guardian
73. 73. Maintenance of child
74. 74. Contribution order
75. 75. Contribution agreement
PART 8 - Interstate transfers of child protection order, &c.
Division 1 - Preliminary
76. 76. Interpretation of Part 8
Division 2 - Transfer of child protection orders Subdivision 1 -
Types of transfer
77. 77. Types of transfer
Subdivision 2 - Transfer by Secretary
77A. 77A. When Secretary may transfer order
77B. 77B. Persons whose consent is required to transfer order
77C. 77C. Secretary to have regard to certain matters
77D. 77D. Notification to child and his or her parents
77E. 77E. Review of decision
77F. 77F. Decision of Court on review
Subdivision 3 - Transfer by Court
77G. 77G. Secretary may apply to Court to transfer order
77H. 77H. When Court may make order
77I. 77I. Service of application
77J. 77J. Type of order
77K. 77K. Court to have regard to certain matters
77L. 77L. Duty of Secretary to inform Court of certain matters
77M. 77M. Appeals
Division 3 - Transfer of child protection proceedings
77N. 77N. When Court may make order under this Division
77O. 77O. Service of application
77P. 77P. Court to have regard to certain matters
77Q. 77Q. Interim order
77R. 77R. Appeals
Division 4 - Registration
77S. 77S. Filing and registration of interstate documents
77T. 77T. Notification by appropriate registrar
77U. 77U. Effect of registration
77V. 77V. Revocation of registration
Division 5 - Miscellaneous
77W. 77W. Effect of registration of transferred home order
77X. 77X. Transfer of Court file
77Y. 77Y. Hearing and determination of transferred proceeding
77Z. 77Z. Disclosure of information
77ZA. 77ZA. Discretion of Secretary to consent to transfer
77ZB. 77ZB. Evidence of consent of relevant interstate officer
PART 9 - Commissioner for children, advisory panels and facilitators
Division 1 - Commissioner for Children
78. 78. Commissioner for Children
79. 79. Functions of Commissioner
80. 80. Powers of Commissioner
81. 81. Committees
82. 82. Adverse comment
83. 83. Annual report
Division 2 - Advisory panels
84. 84. Advisory panels
85. 85. Functions of advisory panel
Division 3 - Facilitators
86. 86. Facilitators
87. 87. Functions of facilitator
88. 88. Guidelines for facilitator
89. 89. Powers of facilitator
90. 90. Register of facilitators
PART 10 - Miscellaneous Division 1 - Offences
91. 91. Offence to fail to protect child from harm
92. 92. Offence to leave child unattended
93. 93. Public entertainment by children
94. 94. Trading by children in public places
95. 95. Offence to harbour or conceal child, &c.
96. 96. Offence to remove, counsel or induce child to be absent
without lawful authority, &c.
97. 97. Circumstances in which child may be taken into safe custody
98. 98. Court's powers in respect of child taken into safe custody
99. 99. Offences in relation to visiting child, &c.
100. 100. Hindering a person in execution of duty
101. 101. Offence to fail to answer question or provide report
102. 102. False or misleading statement
103. 103. Duty to maintain confidentiality
Division 2 - General provisions
104. 104. Power of police officer to enforce order by removing child
105. 105. Officers must produce evidence of authority
106. 106. Declaration of recognised Aboriginal organisation
107. 107. Warrants
108. 108. Evidentiary matters
109. 109. Limit on prosecuting
110. 110. Delegation by Minister, Secretary and Commissioner
110A. 110A. Department may provide support
111. 111. Protection from liability
111A. 111A. Access to information under Freedom of Information Act 1991
111B. 111B. Application of Personal Information Protection Act 2004
112. 112. Regulations
113. 113. Administration of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
[ Note: This table has been automatically generated and may be incomplete. ]