CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 (NO. 28 OF 1997)

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Meaning of "at risk"
• 5 Responsibilities and powers of guardian
• 6 Responsibilities and powers of person who has custody
• 7 Object
• 8 Principles to be observed in dealing with children
• 9 Principles relating to dealing with Aboriginal children
• 10 Determining age

PART 2 - Care agreements

• 11 Voluntary care agreement
• 12 Termination of care agreement

PART 3 - Informing of concern about abuse or neglect

• 13 Responsibility to prevent abuse or neglect
• 14 Informing of concern about abuse or neglect
• 15 Protection from liability for voluntary or mandatory information
• 16 Confidentiality of person informing of knowledge, belief or suspicion
of abuse or neglect
• 17 Secretary not obliged to take action in certain circumstances

PART 4 - Assessments Division 1 - Assessments by Secretary

• 18 Assessment by Secretary
• 19 Assistance by police officer
• 20 Power to require child to be taken for assessment
• 21 Power of Secretary to have short-term custody

Division 2 - Assessment orders

• 22 Assessment order
• 23 Restraint order
• 24 Variation or discharge of assessment order
• 25 Limited adjournment only
• 26 Interim assessment order on adjournment
• 27 Restraint order on adjournment
• 28 Effect of appeal against assessment order or interim assessment order

Division 3 - Examination and assessment of children

• 29 Examination and assessment of child

PART 5 - Children in need of care and protection Division 1 -

• 30 Family group conference held in certain circumstances
• 31 Purpose of family group conference
• 32 Convening family group conference
• 33 Constitution of and attendance at family group conference
• 34 Procedure at family group conference
• 35 Power of facilitator to appoint child's advocate
• 36 Finalising family group conference
• 37 Action by Secretary after family group conference
• 38 Effect of approving recommended arrangements
• 39 Review of arrangements for care and protection of child
• 40 Publication of discussion at, and reports on, family group conference
• 41 Guardians whose whereabouts are unknown

Division 2 - Care and protection orders

• 42 Care and protection order
• 43 Restraint order
• 44 Extension of care and protection order
• 45 Limited adjournment only
• 46 Interim care and protection order on adjournment
• 47 Restraint order on adjournment
• 48 Variation, revocation, suspension and end of care and protection
order or interim care and protection order
• 49 Effect of order granting custody or guardianship
• 50 Non-compliance with order
• 51 Right of other interested persons to be heard
• 52 Conference of parties
• 53 Review of arrangements for care and protection of child

PART 6 - Procedural matters

• 54 Matters Court must consider
• 55 Determining what is child's best interests
• 56 Allowing opportunity for child to express wishes
• 57 How wishes of child are expressed
• 58 Children not required to express wishes
• 59 Court orders for separate representation of child
• 60 Order that child be made available for examination
• 61 Order that report be made
• 62 Court may refer a matter to a family group conference
• 63 Evidence
• 64 Parties to application
• 65 Service of applications on parties
• 66 Hearings in absence of a party
• 67 Joinder of parties
• 68 Orders for costs

PART 7 - Children under guardianship or in custody of secretary

• 69 Powers and duties of Secretary in relation to children under
guardianship or in custody of Secretary generally
• 70 Power of Secretary to consent to adoption of child
• 71 Review of circumstances of child under long-term guardianship of
Secretary
• 72 Dealing with child's estate as guardian
• 73 Maintenance of child
• 74 Contribution order
• 75 Contribution agreement

PART 8 - Interstate transfers of children under guardianship, &c.

• 76 Guardianship, custody or supervision of child from another State
• 77 Transfer of guardianship, custody or supervision to an interstate
Government authority

PART 9 - Commissioner for children, advisory panels and facilitators

Division 1 - Commissioner for Children

• 78 Commissioner for Children
• 79 Functions of Commissioner
• 80 Powers of Commissioner
• 81 Committees
• 82 Adverse comment
• 83 Annual report

Division 2 - Advisory panels

• 84 Advisory panels
• 85 Functions of advisory panel

Division 3 - Facilitators

• 86 Facilitators
• 87 Functions of facilitator
• 88 Guidelines for facilitator
• 89 Powers of facilitator
• 90 Register of facilitators

PART 10 - Miscellaneous Division 1 - Offences

• 91 Offence to fail to protect child from harm
• 92 Offence to leave child unattended
• 93 Public entertainment by children
• 94 Trading by children in public places
• 95 Offence to harbour or conceal child, &c.
• 96 Offence to remove, counsel or induce child to be absent without
lawful authority, &c.
• 97 Circumstances in which child may be taken into safe custody
• 98 Court's powers in respect of child taken into safe custody
• 99 Offences in relation to visiting child, &c.
• 100 Hindering a person in execution of duty
• 101 Offence to fail to answer question or provide report
• 102 False or misleading statement
• 103 Duty to maintain confidentiality

Division 2 - General provisions

• 104 Power of police officer to enforce order by removing child
• 105 Officers must produce evidence of authority
• 106 Declaration of recognised Aboriginal organisation
• 107 Warrants
• 108 Evidentiary matters
• 109 Limit on prosecuting
• 110 Delegation by Minister, Secretary and Commissioner
• 111 Protection from liability
• 112 Regulations
• 113 Administration of Act
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4

[ Note: This table has been automatically generated and may be incomplete. ]