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 and " abused or neglected " has a corresponding meaning;(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 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.