Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If a family group conference is to be held, the Secretary must consult with the child and the child's immediate family in relation to the assignment of a facilitator.
(2) After consulting with the child and the child's immediate family, the Secretary must assign a facilitator to convene and facilitate the family group conference.
(3) Except where the facilitator is satisfied that the child is mature enough to make, and has made, an independent decision to waive his or her right to be represented by a suitable person at the family group conference, the facilitator must ensure that a person whom the facilitator considers suitable is representing the child as his or her advocate.
(4) The facilitator –
(a) must consult with the child, the child's guardians and, in the case of an Aboriginal child, with an appropriate recognised Aboriginal organisation as to who should be invited to attend the family group conference and the time and place of the meeting; and
(b) must fix a time and place for the family group conference; and
(c) must issue a notice specifying the time and place of the family group conference.
(5) If reasonably practicable, the time fixed for a family group conference must be within 3 weeks after the Secretary has determined that the conference is to be held.
(6) The facilitator must invite the following persons to attend the family group conference and provide each of them with a copy of the notice issued under subsection (4)(c):
(a) the child;
(b) the guardians of the child;
(c) the child's advocate, if one has been appointed;
(d) an employee of the Department authorised by the Secretary, either generally or in respect of that child, to present a report into the child's circumstances to the conference;
(e) if the conference is convened as a result of an order of the Court, any person whom the order specifies is to be invited.
(7) Despite subsection (6), the facilitator is not required to invite any person specified in that subsection to the family group conference if the attendance of that person at the conference could result in the contravention of a restraint order made under the Justices Act 1959 or any other order of a court.
(8) Despite subsection (6)(a) and (b), the facilitator is not required to invite the child or any guardian of the child to the family group conference if the facilitator is of the opinion that it would not be in the best interests of the child for the child or that other person to attend.
(9) Despite subsection (6)(a), the facilitator is not required to invite the child to the family group conference if the facilitator is of the opinion that the child is unable to understand or participate in the proceedings of the conference by reason of his or her age or for any other reason.
(10) The facilitator may invite one or more of the following persons to attend the family group conference and provide them with a copy of the notice issued under subsection (4)(c):
(a) members of the child's immediate family whom the facilitator considers should attend;
(b) members of the child's extended family whom the child or the child's guardians have requested the facilitator to invite;
(c) other members of the child's extended family whom the facilitator considers should attend;
(d) any other person who has had a close association with the child and whom the facilitator considers should attend;
(e) any person who has been counselling, advising or aiding the child or the child's guardians and whom the facilitator considers should attend;
(f) if the child is an Aboriginal child, a person nominated by a recognised Aboriginal organisation;
(g) any person who has examined, assessed, counselled or treated the child in the course of the assessment of the child's circumstances and whom the facilitator considers should attend;
(h) if there are concerns about the child's education and the child attends a Government school, a person nominated by the Secretary of the responsible Department in relation to the Education Act 1994;
(i) if there are concerns about the child's education and the child attends a non-Government school, a person nominated by the principal of the school;
(j) if there are concerns about the child's education and the child attends the Tasmanian Academy established by the Education and Training (Tasmanian Academy) Act 2008, a person nominated by the Tasmanian Academy;
(k) if there are concerns about the child's education and the child attends the Tasmanian Polytechnic established by the Education and Training (Tasmanian Polytechnic) Act 2008, a person nominated by the Tasmanian Polytechnic.
(11) In determining whether a person is to be invited or not to be invited to a family group conference under subsection (10), the facilitator must take into account any relevant restraint order made under the Justices Act 1959 or any other relevant order of a court.