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TASMANIA
__________
CHILDREN, YOUNG PERSONS AND THEIR
FAMILIES AMENDMENT AMENDMENT BILL
2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Section 3 amended (Interpretation))
5. Section 7 amended (Section 11 amended (Voluntary care
agreement))
6. Section 11 amended (Part 5, Division 1AA inserted)
7. Sections 36 and 37 repealed
8. Repeal of Act
[Bill 24]-IV
2
CHILDREN, YOUNG PERSONS AND THEIR
FAMILIES AMENDMENT AMENDMENT BILL
2017
(Brought in by the Minister for Human Services, the
Honourable Jacqueline Anne Petrusma)
A BILL FOR
An Act to amend the Children, Young Persons and Their
Families Amendment Act 2013
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Children, Young
Persons and Their Families Amendment
Amendment Act 2017.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Children, Young Persons and
Their Families Amendment Act 2013* is referred
to as the Principal Act.
*No. 64 of 2013
[Bill 24] 3
Children, Young Persons and Their Families Amendment
Amendment Act 2017
Act No. of
s. 4
4. Section 4 amended (Section 3 amended
(Interpretation))
Section 4 of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) by inserting the following definition after
the definition of "contribution order":
convenor means a person assigned to
convene and facilitate a family
meeting under section 29C;
5. Section 7 amended (Section 11 amended (Voluntary
care agreement))
Section 7 of the Principal Act is amended as
follows:
(a) by omitting "arising from a disability"
from paragraph (a)(i) of the definition of
extension period in proposed new
subsection (1);
(b) by omitting "arising from a disability"
from paragraph (a)(i) of the definition of
initial period in proposed new subsection
(1);
(c) by omitting "arising from a disability"
from paragraph (a)(i) of proposed new
subsection (4);
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Children, Young Persons and Their Families Amendment
Amendment Act 2017
Act No. of
s. 6
(d) by omitting "3" from paragraph (b) of
proposed new subsection (4) and
substituting "6".
6. Section 11 amended (Part 5, Division 1AA inserted)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) of proposed
new section 29A and substituting the
following subsection:
(2) The Secretary must cause a
family meeting to be convened
if -
(a) a Court adjourns
proceedings and refers a
matter to a family meeting
for consideration and
report; or
(b) the Secretary is required
under section 53 to
convene a family meeting.
(b) by omitting proposed new sections 29C
to 29G, inclusive, and substituting the
following proposed new sections:
29C. Convening family meeting
(1) If a family meeting is to be held,
the Secretary must assign an
employee of the Department
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Children, Young Persons and Their Families Amendment
Amendment Act 2017
Act No. of
s. 6
(convenor) to convene and
facilitate the family meeting.
(2) The convenor may consult with
the child and any relevant persons
that the convenor considers
appropriate with regard to -
(a) who should be invited to
attend the family meeting;
and
(b) the time and place of the
meeting; and
(c) whether or not any
person, including the
child, should be
represented by an
advocate at the meeting;
and
(d) the meeting's agenda.
(3) In determining whether a person
is to be invited or not to be
invited to a family meeting, the
convenor must take into account
any relevant restraint order made
under the Justices Act 1959 or
any other relevant order of a
court.
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Children, Young Persons and Their Families Amendment
Amendment Act 2017
Act No. of
s. 6
29D. Procedure at family meeting
(1) The convenor is to conduct a
family meeting in an informal
manner.
(2) If the convenor considers it
appropriate, the convenor may
adjourn the family meeting from
time to time and from place to
place.
29E. Convenor may prepare report
The convenor may prepare a
report on the family meeting and,
if a report is prepared, is to
provide a copy of the report to
any person that the Secretary
considers appropriate.
(c) by inserting after "proceedings" in
subsection (2) of proposed new
section 29H ", other than in proceedings
for an offence against subsection (1)(c)";
(d) by omitting subsection (3) of proposed
new section 29H and substituting the
following subsection:
(3) Despite subsection (2), any report
of the convenor made following a
family meeting is admissible in
proceedings under Division 2 for
the purpose of establishing that a
decision was or was not made.
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Children, Young Persons and Their Families Amendment
Amendment Act 2017
Act No. of
s. 7
7. Sections 36 and 37 repealed
Sections 36 and 37 of the Principal Act are
repealed.
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
8 Government Printer, Tasmania