Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 71

      (1) Where a child is subject to a care and protection order under section 42(4)(d), the Secretary must periodically review the circumstances of the child and do so at least once –

(a) in each year during the first 3 years of that guardianship; and

(b) in each 2 year period following those first 3 years until the child reaches 18 years of age or the Secretary or other person named as guardian in the order otherwise ceases to be the child's guardian.

      (2) On finalising a review, the Secretary must determine whether or not the existing arrangements for the care and protection of the child continue to be in the best interests of the child.

      (3) The Secretary must provide a copy of his or her determination to –

(a) the child; and

(b) the child's guardians; and

(c) each person who was a guardian of the child immediately before the order to which the determination relates was made; and

(d) any person who has the daily care of the child and with whom the child resides; and

(da) any person the Secretary considers appropriate; and

(e) if the child is an Aboriginal child, the appropriate recognised Aboriginal organisation.

      (4) Despite subsection (3), the Secretary is not obliged to give a copy of his or her determination to a particular person if –

(a) the Secretary considers that it would not be in the best interests of the child to do so; or

(b) the whereabouts of the person cannot be ascertained after reasonable enquiries.