Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 3

      (1) In this Act, unless the contrary intention appears –

"Aboriginal child" means a child who is an Aboriginal person within the meaning of the Aboriginal Lands Act 1995;

"abuse or neglect" means –

(a) sexual abuse; or

(b) physical or emotional injury or other abuse, or neglect, to the extent that –

(i) the injured, abused or neglected person has suffered, or is likely to suffer, physical or psychological harm detrimental to the person's wellbeing; or

(ii) the injured, abused or neglected person's physical or psychological development is in jeopardy –

and "abused or neglected" has a corresponding meaning;

"advisory panel" means a panel established under section 84;

"amend" means –

(a) omit matter; and

(b) insert matter; and

(c) omit matter and substitute other matter;

"another State" includes a Territory;

"assessment order" means an order made under section 22(2);

"at risk" has the meaning given by section 4;

"authorised officer" means –

(a) a police officer assisting the Secretary in an assessment of a child's circumstances; and

(b) an employee of the Department authorised by the Secretary to take action under section 20 as an authorised officer;

"authorised police officer" means a police officer –

(a) who is of or above a rank as specified by the Commissioner of Police for the purpose of this Act; or

(b) who is designated as an authorised police officer by the Commissioner of Police for the purpose of this Act;

"care agreement" means an agreement entered into under section 11;

"care and protection order" means an order made under section 42;

"child" means a person under 18 years of age;

"child care" means the provision of care or accommodation to a child by a person other than the child's parent or a member of the child's extended family;

"child care service" means operations concerned with child care, including a person or agency that is involved with organising or arranging placements for children in child care or placements of child carers with children;

"Children and Young Persons Advisory Council" means the committee established under section 81(1)(b);

"Children and Young Persons Consultative Council" means the committee established under section 81(1)(a);

"Commissioner" means the Commissioner for Children appointed under section 78;

"committee" means –

(a) the Children and Young Persons Advisory Council; or

(b) the Children and Young Persons Consultative Council; or

(c) any other committee established under section 81;

"Community-Based Intake Service" means an organisation that has entered into an agreement with the Secretary under section 53D;

"comply with" includes not contravene;

"contravene" includes fail to comply with;

"contribution order" means an order under section 74;

"Court" means the Magistrates Court (Children's Division);

"district registrar" means a district registrar appointed under section 16A of the Magistrates Court Act 1987;

"employee of the Department" means a State Service officer or State Service employee employed in the Department;

"enactment" means an Act, order or other instrument of a legislative character of Tasmania, another State, the Commonwealth, another country or any other place;

"extended family" means –

(a) all persons, other than the child's immediate family, to whom the child is or has been related by blood, adoption or marriage; and

(b) if a child is an Aboriginal child who has traditional Aboriginal kinship ties, those persons held to be related to the child according to Aboriginal kinship rules; and

(c) if the child is a member of a community that accepts relationships other than those referred to in paragraph (a) or (b) as kinship ties, those persons held to be related to the child by that community;

"facilitator" means a person approved as a facilitator under section 86;

"family" means a child's immediate family and extended family;

"family group conference" means a conference convened under section 30, 39 or 53;

"function" includes duty;

"Fund" means the Tasmanian Guardianship Fund established and maintained under section 72;

"Government Agency" means –

(a) a Government department within the meaning of the State Service Act 2000; and

(b) an incorporated or unincorporated body that –

(i) is established, constituted or continued by or under an Act or under the royal prerogative; and

(ii) is, or has a governing authority that is, wholly or partly comprised of a person or persons appointed by the Governor, a Minister of the Crown or another such body;

"Government authority of another State" means a Minister of the Crown, or a person appointed by the Crown, in right of another State;

"guardian" means –

(a) a parent of a child; and

(b) a person (other than the Secretary) who is the legal guardian of a child; and

(c) a person (other than the Secretary) who has the legal custody of a child; and

(d) any other person (other than the Secretary) who generally acts in the place of a parent of a child and has done so for a significant length of time;

"immediate family", in relation to a child, includes all of a child's guardians;

"interim assessment order" means an order made under section 26(1);

"interim care and protection order" means an order made under section 46(1);

"information-sharing entity" means –

(a) a prescribed person within the meaning of section 14(1); or

(b) a State Service officer or State Service employee employed in or for the purposes of the Department or another department, within the meaning of the Administrative Arrangements Act 1990; or

(c) a manager of a private medical establishment, within the meaning of the Hospitals Act 1918; or

(d) a controlling authority of an approved hospital, assessment centre or secure mental health unit, within the meaning of the Mental Health Act 1996; or

(e) the person in charge of an organisation that is a service provider within the meaning of the Disability Services Act 1992 that receives funding under a funding agreement within the meaning of that Act to provide disability services to a child; or

(f) the person in charge of an organisation that receives funding from the Secretary under a funding agreement to provide drug or alcohol treatment services; or

(g) the person in charge of an organisation that receives a referral from the Secretary or a Community-Based Intake Service; or

(h) any other person or organisation prescribed in the regulations;

"parent" includes a stepmother or stepfather of the child;

"recognised Aboriginal organisation" means an organisation declared to be a recognised Aboriginal organisation under section 106;

"regulations" means regulations made and in force under section 112;

"Secretary" means the Secretary of the Department;

"significant person" means a person who is considered significant in the life of a child by –

(a) the Secretary or his or her nominee; or

(b) the guardian of the child;

"State" includes a Territory;

"working day" means any day other than –

(a) a Saturday; or

(b) a Sunday; or

(c) a statutory holiday as defined in the Statutory Holidays Act 2000;

"young person" means a child who is 16 or 17 years old.

      (2) For the purposes of this Act, a person is married to another person if –

(a) he or she is legally married; or

(b) he or she is in a significant relationship, within the meaning of the Relationships Act 2003, with the other person.