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

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

Interpretation

(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;
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) ;
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 family group 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 person conducting an establishment, within the meaning of the Health Service Establishments Act 2006 ; or
(d) a controlling authority of an approved hospital, approved assessment centre or secure mental health unit, all within the meaning of the Mental Health Act 2013 ; or
(e) the person in charge of an organisation that –
(i) is a disability services provider within the meaning of the Disability Services Act 2011 ; and
(ii) receives funding under a funding agreement, within the meaning of that Act, to provide specialist 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 ;
risk notification means –
(a) information voluntarily provided to the Secretary or a Community-Based Intake Service under section 13(2) , or any similar voluntary notification to the Secretary or a Community-Based Intake Service; or
(b) information provided to the Secretary or a Community-Based Intake Service under section 14(2) ; or
(c) a report provided to the Secretary under section 18(3) or (5) ;
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;
supervision order has the meaning given by section 42A ;
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.