Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 8

      (1) The administration of this Act is to be founded on the following principles:

(a) the primary responsibility for a child's care and protection lies with the child's family;

(b) a high priority is to be given to supporting and assisting the family to carry out that primary responsibility in preference to commencing proceedings under Division 2 of Part 5;

(c) if a family is not able to meet its responsibilities to the child and the child is at risk, the Secretary may accept those responsibilities.

      (2) In any exercise of powers under this Act in relation to a child –

(a) the best interests of the child must be the paramount consideration; and

(b) serious consideration must be given to the desirability of –

(i) keeping the child within his or her family; and

(ii) preserving and strengthening family relationships between the child and the child's guardians and other family members, whether or not the child is to reside within his or her family; and

(iii) not withdrawing the child unnecessarily from the child's familiar environment, culture or neighbourhood; and

(iv) not interrupting unnecessarily the child's education or employment; and

(v) preserving and enhancing the child's sense of ethnic, religious or cultural identity, and making decisions and orders that are consistent with ethnic traditions or religious or cultural values; and

(vi) preserving the child's name; and

(vii) not subjecting the child to unnecessary, intrusive or repeated assessments; and

(c) the powers, wherever practicable and reasonable, must be exercised in a manner that takes into account the views of all persons concerned with the welfare of the child.

      (3) In any exercise of powers under this Act in relation to a child, if a child is able to form and express views as to his or her ongoing care and protection, those views must be sought and given serious consideration, taking into account the child's age and maturity.

      (4) In any proceeding under this Act that may lead to any separation of a child from his or her family, other than a proceeding under Part 4, the child's family and other persons interested in the child's wellbeing must be given the opportunity to present their views in respect of the child's wellbeing.

      (5) In any proceeding under this Act in relation to a child, the child's family and other persons interested in the child's wellbeing should be provided with information sufficient to enable them to participate fully in the proceeding.

      (6) All proceedings under this Act must be dealt with expeditiously, with due regard to the degree of urgency of each particular case.