Tasmania: Children, Young Persons and Their Families Act 1997 (Tas)

Children, Young Persons and Their Families Act 1997 An Act to provide for the care and protection of children and for related purposes [Royal Assent 5 November 1997] Be it enacted by His 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: PART 1 - Preliminary 1. Short title This Act may be cited as the Children, Young Persons and Their Families Act 1997 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – Aboriginal child means a child who is an Aboriginal person within the meaning of the Aboriginal Lands Act 1995 ; abuse or neglect means – (a) sexual abuse; or (b) physical or emotional injury or other abuse, or neglect, to the extent that – (i) the injured, abused or neglected person has suffered, or is likely to suffer, physical or psychological harm detrimental to the person's wellbeing; or (ii) the injured, abused or neglected person's physical or psychological development is in jeopardy – and "abused or neglected" has a corresponding meaning; amend means – (a) omit matter; and (b) insert matter; and (c) omit matter and substitute other matter; another State includes a Territory; assessment order means an order made under section 22(2) ; at risk has the meaning given by section 4 ; authorised officer means – (a) a police officer assisting the Secretary in an assessment of a child's circumstances; and (b) an employee of the Department authorised by the Secretary to take action under section 20 as an authorised officer; authorised police officer means a police officer – (a) who is of or above a rank as specified by the Commissioner of Police for the purpose of this Act; or (b) who is designated as an authorised police officer by the Commissioner of Police for the purpose of this Act; care agreement means an agreement entered into under section 11 ; care and protection order means an order made under section 42 ; child means a person under 18 years of age; child care means the provision of care or accommodation to a child by a person other than the child's parent or a member of the child's extended family; child care service means operations concerned with child care, including a person or agency that is involved with organising or arranging placements for children in child care or placements of child carers with children; Children and Young Persons Advisory Council means the committee established under section 81(1)(b) ; Children and Young Persons Consultative Council means the committee established under section 81(1)(a) ; committee means – (a) the Children and Young Persons Advisory Council; or (b) the Children and Young Persons Consultative Council; or (c) any other committee established under section 81 ; Community-Based Intake Service means an organisation that has entered into an agreement with the Secretary under section 53D ; comply with includes not contravene; contravene includes fail to comply with; contribution order means an order under section 74 ; Court means the Magistrates Court (Children's Division); district registrar means a district registrar appointed under section 16A of the Magistrates Court Act 1987 ; employee of the Department means a State Service officer or State Service employee employed in the Department; enactment means an Act, order or other instrument of a legislative character of Tasmania, another State, the Commonwealth, another country or any other place; extended family means – (a) all persons, other than the child's immediate family, to whom the child is or has been related by blood, adoption or marriage; and (b) if a child is an Aboriginal child who has traditional Aboriginal kinship ties, those persons held to be related to the child according to Aboriginal kinship rules; and (c) if the child is a member of a community that accepts relationships other than those referred to in paragraph (a) or (b) as kinship ties, those persons held to be related to the child by that community; facilitator means a person approved as a facilitator under section 86 ; family means a child's immediate family and extended family; family group conference means a family group conference convened under section 30 , 39 or 53 ; function includes duty; Fund means the Tasmanian Guardianship Fund established and maintained under section 72 ; Government Agency means – (a) a Government department within the meaning of the State Service Act 2000 ; and (b) an incorporated or unincorporated body that – (i) is established, constituted or continued by or under an Act or under the royal prerogative; and (ii) is, or has a governing authority that is, wholly or partly comprised of a person or persons appointed by the Governor, a Minister of the Crown or another such body; Government authority of another State means a Minister of the Crown, or a person appointed by the Crown, in right of another State; guardian means – (a) a parent of a child; and (b) a person (other than the Secretary) who is the legal guardian of a child; and (c) a person (other than the Secretary) who has the legal custody of a child; and (d) any other person (other than the Secretary) who generally acts in the place of a parent of a child and has done so for a significant length of time; immediate family, in relation to a child, includes all of a child's guardians; interim assessment order means an order made under section 26(1) ; interim care and protection order means an order made under section 46(1) ; information-sharing entity means – (a) a prescribed person within the meaning of section 14(1) ; or (b) a State Service officer or State Service employee employed in or for the purposes of the Department or another department, within the meaning of the Administrative Arrangements Act 1990 ; or (c) a person conducting an establishment, within the meaning of the Health Service Establishments Act 2006 ; or (d) a controlling authority of an approved hospital, approved assessment centre or secure mental health unit, all within the meaning of the Mental Health Act 2013 ; or (e) the person in charge of an organisation that – (i) is a disability services provider within the meaning of the Disability Services Act 2011 ; and (ii) receives funding under a funding agreement, within the meaning of that Act, to provide specialist disability services to a child; or (f) the person in charge of an organisation that receives funding from the Secretary under a funding agreement to provide drug or alcohol treatment services; or (g) the person in charge of an organisation that receives a referral from the Secretary or a Community-Based Intake Service; or (h) any other person or organisation prescribed in the regulations; parent includes a stepmother or stepfather of the child; recognised Aboriginal organisation means an organisation declared to be a recognised Aboriginal organisation under section 106 ; regulations means regulations made and in force under section 112 ; risk notification means – (a) information voluntarily provided to the Secretary or a Community-Based Intake Service under section 13(2) , or any similar voluntary notification to the Secretary or a Community-Based Intake Service; or (b) information provided to the Secretary or a Community-Based Intake Service under section 14(2) ; or (c) a report provided to the Secretary under section 18(3) or (5) ; Secretary means the Secretary of the Department; significant person means a person who is considered significant in the life of a child by – (a) the Secretary or his or her nominee; or (b) the guardian of the child; State includes a Territory; supervision order has the meaning given by section 42A ; working day means any day other than – (a) a Saturday; or (b) a Sunday; or (c) a statutory holiday as defined in the Statutory Holidays Act 2000 ; young person means a child who is 16 or 17 years old. (2) For the purposes of this Act, a person is married to another person if – (a) he or she is legally married; or (b) he or she is in a significant relationship, within the meaning of the Relationships Act 2003 , with the other person. 4. Meaning of "at risk" (1) For the purposes of this Act, a child is at risk if – (a) the child has been, is being, or is likely to be, abused or neglected; or (b) any person with whom the child resides or who has frequent contact with the child (whether the person is or is not a guardian of the child) – (i) has threatened to kill or abuse or neglect the child and there is a reasonable likelihood of the threat being carried out; or (ii) has killed or abused or neglected some other child or an adult and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person; or (ba) the child is an affected child within the meaning of the Family Violence Act 2004 ; or (c) the guardians of the child are – (i) unable to maintain the child; or (ii) unable to exercise adequate supervision and control over the child; or (iii) unwilling to maintain the child; or (iv) unwilling to exercise adequate supervision and control over the child; or (v) dead, have abandoned the child or cannot be found after reasonable inquiry; or (vi) are unwilling or unable to prevent the child from suffering abuse or neglect; or (d) the child is under 16 years of age and does not, without lawful excuse, attend a school, or other educational or training institution, regularly. (2) For the purposes of subsection (1) , it does not matter whether the conduct that puts a child at risk occurred or, as the case requires, is likely to occur wholly or partly outside Tasmania. 5. Responsibilities and powers of guardian A person (including the Secretary) who has guardianship, or has been granted guardianship, of a child under this Act – (a) is the guardian of the child and administrator of the estate of the child to the exclusion of any person who does not have guardianship, or has not been granted guardianship, under this Act; and (b) has the same rights, powers, duties, obligations and liabilities as a natural parent of the child would have. 6. Responsibilities and powers of person who has custody A person (including the Secretary) who has custody, or has been granted custody, of a child under this Act – (a) has the right to have, and the responsibility for, the daily care and control of the child; and (b) has the right to make, and the responsibility for making, decisions concerning the daily care and control of the child. 7. Object (1) The object of this Act is to provide for the care and protection of children in a manner that – (a) maximises a child's best interests; and (b) recognises that a child's family is the preferred environment for his or her care and upbringing; and (c) recognises that the responsibility for the protection of a child rests primarily with the child's parents and family. (2) The Minister is to seek to further the object of this Act in partnership with Government Agencies, councils, non-government organisations (whether incorporated or unincorporated), families and communities. 8. International conventions For the purposes of, and without limiting, section 8B of the Acts Interpretation Act 1931 , any international convention relating to children to which Australia is a signatory and which is in force is extrinsic material in relation to the interpretation of a provision of this Act. Note Examples of conventions are the UN Convention of the Rights of the Child (1990) and the International Declaration on the Rights of Indigenous Peoples (2007). 9. . . . . . . . . 10. Determining age (1) In determining the age of a person, the Court, the Secretary or any other person involved in the administration of this Act – (a) must act on the best evidence or information that is reasonably available; but (b) in the absence of any such evidence or information, may estimate the age of the person and act on that estimate. (2) For the purposes of subsection (1) , a statement in an application under this Act that a person is of a particular age is evidence that the person is that age. PART 1A - Principles to be Observed in Dealing with Children 10A. Principles In performing or exercising a function or power under this Act, a person is to – (a) uphold the principles set out in sections 10B , 10C , 10D , 10E , 10F and 10G as far as practicable; and (b) have regard to any national standards or charters relating to the rights or treatment of children published by the Commonwealth Government that are relevant. 10B. Responsibility of Government The Tasmanian Government has responsibility for promoting and safeguarding the wellbeing of children and, if required, assisting families in fulfilling their responsibilities for the care, upbringing and development of their children. 10C. Role of child's family (1) The family of a child – (a) has the primary responsibility for the care, upbringing and development of the child; and (b) is entitled to be treated with respect at all times. (2) In fulfilling its responsibilities, the family of a child is entitled to – (a) bring up the child in any language or tradition that is otherwise legal; and (b) foster in the child any cultural, ethnic or religious values that are otherwise legal. (3) A child should only be removed from his or her family if there is no other reasonable way to safeguard his or her wellbeing. (4) Should a child need to be removed from his or her family, regard should be had to the following principles as far as is consistent with the best interests of the child and as far as is practicable: (a) contact between the child and his or her family and community should be encouraged and supported so as to preserve and strengthen the relationships between the child and the members of his or her family, whether or not the child resides within his or her family; (b) eventually the child should be returned to reside within the family. 10D. Treating child with respect (1) A child is a valued member of society and is entitled to be treated in a manner that respects the child's dignity and privacy. (2) All children are entitled to have their rights respected and ensured without discrimination. (3) Any decision under this Act relating to a child should be made – (a) promptly having regard to the child's circumstances; and (b) in a manner that is consistent with the cultural, ethnic and religious values and traditions relevant to the child; and (c) with, as far as practicable, the informed participation of the child, the child's family and other persons who are significant in the child's life. 10E. Best interests of child (1) In performing functions or exercising powers under this Act, the best interests of the child must be the paramount consideration. (2) Without limiting the matters that may be taken into account in determining the best interests of a child, the following matters are to be taken into account for that purpose: (a) the need to protect the child from physical, psychological and other harm and from exploitation; (b) the views of the child, having regard to the maturity and understanding of the child; (c) the capacity and willingness of the child's parents or other family members to care for the child; (d) the nature of the child's relationships with his or her parents, other family members and other persons who are significant in the child's life, including siblings; (e) the child's need for stable and nurturing relationships with his or her parents, other family members, other persons who are significant in the child's life and the community; (f) the child's need for stability in living arrangements; (g) the child's physical, emotional, intellectual, spiritual, developmental and educational needs; (h) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's guardians; (i) the need to provide opportunities for the child to achieve his or her full potential; (j) the child's age, maturity, sex, sexuality and cultural, ethnic and religious backgrounds; (k) any other special characteristics of the child; (l) the likely effect on the child of any changes in the child's circumstances; (m) the least intrusive intervention possible in all the circumstances; (n) the opportunities available for assisting the child to recover from any trauma experienced – (i) in relation to being separated from his or her parents, family and community; or (ii) as a result of abuse or neglect; (o) any persuasive reports of the child being harmed or at risk of harm and the cumulative effects of such harm or risk. 10F. Child participation If a decision is, or is to be, made under this Act in relation to a child – (a) the child – (i) should be provided with adequate information and explanation about the decision in a manner that the child can understand; and (ii) if appropriate having regard to the child's maturity and understanding, should be provided with the opportunity to respond to the proposed decision; and (iii) if appropriate having regard to the child's maturity and understanding, should be provided with the opportunity to express his or her views freely; and (iv) should be provided with assistance in expressing those views; and (b) the views of the child should be taken into account, having regard to the child's maturity and understanding. 10G. Aboriginal children (1) Aboriginal families, kinship groups, Aboriginal communities and organisations representing the Aboriginal people have a major, self-determining role in promoting the wellbeing of Aboriginal children. (2) A kinship group, Aboriginal community or organisation representing the Aboriginal people nominated by an Aboriginal child's family should be allowed to contribute to the making of a decision under this Act in relation to the child. (3) An Aboriginal child, as far as is practicable, should be placed with a person in the following order of priority: (a) a member of the child's family; (b) an Aboriginal person in the child's community in accordance with local community practice; (c) another Aboriginal person; (d) a person who – (i) is not an Aboriginal person; but (ii) in the Secretary's opinion, is sensitive to the child's needs and capable of promoting the child's ongoing affiliation with the culture of the child's community and, if possible, the child's ongoing contact with his or her family. (4) As far as is practicable, an Aboriginal child removed from his or her family and community, should be placed in close proximity to them. PART 2 - Care agreements 11. Voluntary care agreement (1) The guardians of a child, acting together, and the Secretary – (a) may enter into an agreement under which the Secretary will have the care and custody of the child for the period not exceeding 3 months specified in the agreement; and (b) before the termination of a care agreement, may extend the agreement. (2) Despite subsection (1) – (a) if the whereabouts of a guardian of a child cannot be ascertained after reasonable enquiries; or (b) if a guardian of a child has failed to respond within a reasonable period of time to a request that he or she enter into a care agreement; or (c) if a guardian of a child does not have ongoing contact with the child; or (d) if it is not, in all the circumstances of the case, reasonably practicable to request a particular guardian of a child to enter into a care agreement – the remaining guardians may enter into a care agreement in respect of the child. (3) Despite subsection (1)(a) , the Secretary may not enter into a care agreement if he or she has reasonable grounds for suspecting or believing, or knows, that the child is at risk for any reason other than that the guardian is or will be temporarily unable to maintain the child or exercise adequate supervision and control over the child. (4) Despite subsection (1)(b) , a care agreement may not be extended so that it will operate for a total period of more than 3 months. (5) A care agreement relating to a child who is a young person must not be entered into or extended unless the young person consents to the agreement or the extension of the agreement. (6) Subsection (5) does not apply if the Secretary is of the opinion that the young person is unable to understand, or give informed consent to, the care agreement. (7) If a child under the age of 16 years appears to have a sufficient understanding of the consequences of a care agreement, the child must be consulted by the Secretary before a care agreement relating to the child can be entered into or extended. (8) A care agreement and any extension of a care agreement must be – (a) in writing; and (b) signed by – (i) the Secretary; and (ii) the guardians of the child; and (iii) if the child is a young person, the young person. 12. Termination of care agreement (1) A care agreement may be terminated at any time by the agreement of – (a) the Secretary; and (b) the guardians who signed the agreement; and (c) if the child is a young person, the young person. (2) The Secretary must not agree to terminate a care agreement unless the Secretary is satisfied that proper arrangements exist for the care of the child. (3) A care agreement will be taken to have been terminated on any order being made under this Act or any other enactment for the guardianship or custody of the child. (4) The Secretary must terminate a care agreement that relates to a young person if – (a) the young person requests it in writing; and (b) the Secretary is satisfied that proper arrangements exist for the care of the young person. (5) Unless the agreement is earlier terminated under this section, a care agreement has effect for the period specified in the agreement or an extension of the agreement. PART 3 - Informing of concern about abuse or neglect 13. Responsibility to prevent abuse or neglect or certain behaviour (1) An adult who knows, or believes or suspects on reasonable grounds, that a child is suffering, has suffered or is likely to suffer abuse or neglect has a responsibility to take steps to prevent the occurrence or further occurrence of the abuse or neglect. (1A) If, while a woman is pregnant, an adult knows, or believes or suspects on reasonable grounds, that the child of that pregnancy once born – (a) is reasonably likely to suffer abuse or neglect; or (b) is reasonably likely to require medical treatment or other intervention as a result of the behaviour of the woman, or another person with whom the woman resides or is likely to reside, before the birth of the child – that adult has a responsibility to take steps to prevent the occurrence of that abuse or neglect or that behaviour. (2) One step the adult may take to prevent the occurrence of abuse or neglect of a child, or behaviour referred to in subsection (1A)(b) , is to inform the Secretary or a Community-Based Intake Service of – (a) his or her knowledge, belief or suspicion; and (b) the basis of that knowledge, belief or suspicion. 14. Informing of concern about abuse or neglect or certain behaviour (1) In this section, prescribed person means – (a) a medical practitioner; and (b) a registered nurse or enrolled nurse; and (ba) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; and (c) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist, dental therapist, dental hygienist or oral health therapist; and (d) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; and (e) a police officer; and (f) (g) a probation officer appointed or employed under section 5 of the Corrections Act 1997 ; and (h) a principal and a teacher in any educational institution (including a kindergarten); and (i) a person who provides child care, or a child care service, for fee or reward; and (j) a person concerned in the management of an approved education and care service, within the meaning of the Education and Care Services National Law (Tasmania), or a child care service licensed under the Child Care Act 2001 ; and (ja) a member of the clergy of any church or religious denomination; and (jb) a member of the Parliament of this State; and (k) any other person who is employed or engaged as an employee for, of or in, or who is a volunteer in – (i) a Government Agency that provides health, welfare, education, child care or residential services wholly or partly for children; and (ii) an organisation that receives any funding from the Crown for the provision of such services; and (l) any other person of a class determined by the Minister by notice in the Gazette to be prescribed persons; religious confession has the same meaning as in section 127 of the Evidence Act 2001 . (2) If a prescribed person, in carrying out official duties or in the course of his or her work (whether paid or voluntary), believes, or suspects, on reasonable grounds, or knows – (a) that a child has been or is being abused or neglected or is an affected child within the meaning of the Family Violence Act 2004 ; or (b) that there is a reasonable likelihood of a child being killed or abused or neglected by a person with whom the child resides; or (c) while a woman is pregnant, that there is a reasonable likelihood that after the birth of the child – (i) the child will suffer abuse or neglect, or may be killed by a person with whom the child is likely to reside; or (ii) the child will require medical treatment or other intervention as a result of the behaviour of the woman, or another person with whom the woman resides or is likely to reside, before the birth of the child – the prescribed person must inform the Secretary or a Community-Based Intake Service of that belief, suspicion or knowledge as soon as practicable after he or she forms the belief or suspicion or gains the knowledge. Penalty: Fine not exceeding 20 penalty units. (3) Whether a person informs the Secretary or a Community-Based Intake Service under subsection (2) verbally or in writing, the person must include in the information a statement of the observations, information, opinions and other grounds upon which the belief, suspicion or knowledge is based. (4) For the purposes of this section, the Secretary may issue or approve guidelines relating to the manner in which a person may inform the Secretary or a Community-Based Intake Service under subsection (2) . (5) Without limiting the matters and procedures that may be included in the guidelines, the guidelines may provide that a person may inform the Secretary or a Community-Based Intake Service under subsection (2) by following the procedure set out in the guidelines or by informing another person for or with whom the person works. (6) It is a defence to a charge for an offence against subsection (2) – (a) if the person charged can prove that he or she honestly and reasonably believed that the Secretary or a Community-Based Intake Service had been informed of all the reasonable grounds on which his or her belief, suspicion or knowledge was based by another person; or (b) if the person charged has complied with guidelines issued under subsection (4) that apply to him or her in respect of the organisation, body or other person for whom or in which the person works. (7) Despite section 127 of the Evidence Act 2001 , a member of the clergy of any church or religious denomination is not entitled to refuse to comply with subsection (2) on the grounds that he or she formed the belief or suspicion or gained the knowledge as a consequence of information communicated to that member of the clergy during a religious confession. 15. . . . . . . . . 16. Confidentiality of person informing of knowledge, belief or suspicion of abuse or neglect or certain behaviour (1) In this section – law enforcement agency means – (a) the Police Service or the police force of another State or a Territory or of an overseas jurisdiction; or (b) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth, another State or a Territory or an overseas jurisdiction; notifier means a person who provides the Secretary or a Community-Based Intake Service with a risk notification. (2) Subject to this section, a person who receives a risk notification from a notifier, or who otherwise becomes aware of the identity of a notifier because he or she is engaged in the administration of this Act, must not disclose the identity of the notifier to any other person unless the disclosure – (a) is made in the course of official duties under this Act to another person acting in the course of official duties; or (b) is made with the consent of the notifier; or (c) is made by way of evidence adduced with leave granted by a court under subsection (3) ; or (d) is made to a law enforcement agency. Penalty: Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 12 months, or both. (3) Evidence as to the identity of a notifier, or from which the identity of the notifier could be deduced, must not be adduced in proceedings before any court without leave of that court. (4) Unless a court grants leave under subsection (3) , a party or witness in the proceedings must not be asked, and, if asked, cannot be required to answer, any question that cannot be answered without disclosing the identity of, or leading to the identification of, the notifier. (5) A court cannot grant leave under subsection (3) unless – (a) that court is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or (b) the notifier consents to the admission of the evidence in the proceedings. (6) An application to a court for leave to adduce evidence under subsection (3) – (a) must not, except as authorised by that court, be heard and determined in public; and (b) must be conducted in a manner which protects, as far as may be practicable, the identity of the notifier pending the determination of the application. (7) The Right to Information Act 2009 does not apply to the identity of a notifier or any information contained in or relating to a risk notification that may lead to the identification of the notifier. 17. Secretary not obliged to take action in certain circumstances (1) . . . . . . . . (2) Nothing in this Act requires the Secretary or a Community-Based Intake Service to take or initiate any action under this Act in respect of a risk notification if the Secretary or a Community-Based Intake Service is satisfied – (a) that the information or observations on which the notification was based were not sufficient to constitute reasonable grounds for the belief or suspicion contained in the notification; or (b) that, while there are reasonable grounds for the notification, proper arrangements exist for the care and protection of the child, and the matter of the apparent abuse or neglect or the likelihood of the child being killed or abused or neglected has been or is being adequately dealt with; or (c) that no further action is required in respect of the notification. 17A. Secretary may refer risk notification The Secretary may refer a risk notification received by the Secretary to a Community-Based Intake Service if satisfied that the Community-Based Intake Service is an appropriate organisation to take action in respect of the notification. PART 4 - Assessments Division 1 - Assessments by Secretary 18. Assessment by Secretary (1) If the Secretary believes, or suspects, on reasonable grounds that a child is at risk, the Secretary may carry out an assessment of the circumstances of the child. (2) For the purposes of an assessment, the Secretary may require, by written notice – (a) any person who has previously examined, assessed, carried out tests on or treated the child; or (b) the employer of that person – to provide the Secretary with a written report on the examination, assessment, tests or treatment. (3) For the purposes of an assessment, the Secretary may require, by written notice, any person the Secretary considers may have information relevant to the safety, welfare or wellbeing of the child to provide the Secretary with a report on one or more of the following: (a) the child; (b) the child's guardian; (c) a significant person in the child's life; (d) another person with whom the child resides. (4) For the purposes of subsection (3) , information relevant to the safety, welfare or wellbeing of the child may include, but is not limited to – (a) medical information on the child, the child's guardian, a significant person in the child's life or another person with whom the child resides; or (b) information relating to the family circumstances of the child in the past or present, or as proposed or anticipated for the future. (5) If a person provides an oral report to the Secretary under subsection (3) , the Secretary may require the person to provide the Secretary with a written version of the report as soon as practicable after the oral report is provided. (6) . . . . . . . . 19. Assistance by police officer (1) If the Secretary considers it necessary or appropriate, the Secretary may obtain the assistance of the Commissioner of Police in carrying out the assessment of the circumstances of a child. (2) The Commissioner of Police may give assistance to the Secretary by assigning police officers to assist the Secretary as allowed by this section. (3) For the purposes of an assessment, a police officer assisting the Secretary may, after obtaining a warrant, do one or more of the following: (a) enter or break into, remain in and search any premises or place; (b) seize and remove any item that the officer believes on reasonable grounds may afford evidence relevant to the assessment; (c) take photographs, films or videos; (d) require a person who may be in a position to provide information relevant to the assessment to answer any question to the best of that person's knowledge, information or belief. (3A) A magistrate may issue a warrant for the purposes of subsection (3) if the magistrate is satisfied that – (a) reasonable steps have been taken to obtain the consent of the occupier of the premises or place to the exercise of the powers referred to in that subsection and those steps have been unsuccessful; or (b) there are reasonable grounds for concern for the safety of the child. (4) A police officer assisting the Secretary may, even if he or she has not obtained a warrant, exercise the powers specified in subsection (3) if – (a) entry to the premises or place has been refused or cannot be gained; and (b) the police officer believes on reasonable grounds that the delay that would ensue as a result of applying for a warrant would prejudice the assessment or the safety of the child whose circumstances are being assessed. (5) A police officer assisting the Secretary may be accompanied by such other police officers or employees of the Department while exercising powers under this section as may be necessary or desirable. (6) A person must not refuse or fail to comply with a requirement made under subsection (3)(d) . Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both. (7) Despite subsection (6) , a person is not required to answer a question if – (a) the answer would provide information that is privileged on the ground of legal professional privilege; or (b) the answer would incriminate the person of an offence. (8) A person who is required to answer a question under this section does not incur any liability in doing so if the person acts in good faith. (9) If an item is seized under subsection (3) , the Commissioner of Police or the Secretary may retain the item until the assessment is complete and any proceedings arising out of the assessment are finalised. 20. Power to require child to be taken for assessment (1) For the purposes of an assessment, an authorised officer may require a guardian of a child or a person with whom a child is residing to cause the child to attend the place or person specified in the requirement. (2) An authorised officer may take a child to the place or person specified in a requirement, or that likely would have been specified in a requirement – (a) on the request, or with the agreement, of the person who received the requirement or who could receive a requirement were one to be made; or (b) if an authorised officer has obtained a warrant in respect of the child. (3) An authorised officer may apply for a warrant if – (a) a person fails or refuses to comply with a requirement; or (b) the officer has reasonable grounds for believing that a person would fail or refuse to comply with a requirement were one made. (4) When acting under a warrant, an authorised officer – (a) may be accompanied by such police officers or employees of the Department as may be necessary or desirable; and (b) may use such force as is reasonable. 21. Power of Secretary to have short-term custody (1) The Secretary may retain in his or her custody a child who has been taken to attend a place or person under section 20 or a requirement made under that section if the Secretary considers – (a) that there is a reasonable likelihood that the child is at risk; and (b) that further assessment of the matter is warranted; and (c) that – (i) the assessment cannot properly proceed unless the child remains in the Secretary's custody; or (ii) it is desirable that the child be protected while the matter is being assessed. (2) The Secretary's custody of a child under subsection (1) ends 120 hours after the time at which the child arrives at a place or person under section 20 or a requirement made under that section unless, before the end of that period, custody of the child has been granted to the Secretary under an assessment order. Division 2 - Assessment orders 22. Assessment order (1) The Secretary may apply to the Court for an assessment order. (2) On the application of the Secretary, the Court may make an assessment order in respect of a child if the Court is satisfied – (a) that there is a reasonable likelihood that a child is at risk; and (b) that further assessment of the matter is warranted or a family group conference should be held; and (c) that – (i) the assessment cannot properly proceed unless an assessment order is made; or (ii) it is desirable that the child be protected while the matter is being assessed or a family group conference is being convened and held; and (d) that it would be in the best interests of the child to make the order. (3) An assessment order may contain one or more of the following orders: (a) an order authorising examination and assessment of the child; (b) an order authorising the Secretary to require – (i) any person to answer, to the best of his or her knowledge, information or belief, questions put by an employee of the Department authorised by the Secretary, either generally or in the particular case, to exercise the power to question; or (ii) any person who has examined, assessed or treated a party to the proceedings, or the employer of that person, to provide the Secretary with a written report of that examination, assessment or treatment; (c) an order granting custody of the child to the Secretary; (d) any other order the Court considers appropriate. (4) An assessment order has effect for the period not exceeding 4 weeks that is specified in the order. (5) An assessment order may, on application by the Secretary, be extended (once only) for the period not exceeding 8 weeks specified in the order if the Court is satisfied that – (a) the grounds on which the application is based are reasonable in the circumstances; and (b) the extension would be in the best interests of the child. (6) If the hearing of an application under subsection (5) is adjourned, or the application is determined after the date on which the assessment order would cease to have effect if this subsection were not in force, the assessment order continues to have effect until the application is determined. (7) Where an application under subsection (5) is determined after the date on which the assessment order would cease to have effect if subsection (6) were not in force, the period specified in subsection (5) is to be reckoned from that date. (8) A party to an application for an assessment order who has been served personally with an order or was present in the Court when the order was made must not contravene the order. Penalty: Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 12 months, or both. 23. Restraint order (1) On receipt of the application of the Secretary for an assessment order, the Court may make, in addition to or instead of making an assessment order – (a) a restraint order against a person under Part XA of the Justices Act 1959 if the Court is satisfied that the person has been served with a copy of the application; or (b) an interim restraint order against a person under Part XA of the Justices Act 1959 and such ancillary orders as the Court considers appropriate. (2) An application for an assessment order is taken to be an application for a restraint order under Part XA of the Justices Act 1959 made by a person granted leave to apply by the justices – (a) for the purposes of subsection (1) ; and (b) for the purposes of the application of the Justices Act 1959 in relation to a restraint order or an interim restraint order made under that subsection. 24. Variation or discharge of assessment order (1) The Secretary may apply to the Court for an order to vary or discharge an assessment order. (2) On the application of the Secretary under subsection (1) , the Court may – (a) vary the terms of the assessment order; or (b) discharge the assessment order; or (c) dismiss the application. 25. Limited adjournment only (1) The Court must not, unless it is satisfied that there are exceptional circumstances, adjourn the hearing of an application made under this Division for a period exceeding 14 days. (2) The Court may not adjourn the hearing of an application made under this Division more than once. 26. Interim assessment order on adjournment (1) If the Court adjourns the hearing of an application for an assessment order, the Court may also make an interim assessment order. (2) An interim assessment order may contain one or more of the following orders: (a) an order granting custody of the child to the Secretary; (b) an order directing a guardian of the child to take the steps specified in the order to secure the proper care and protection of the child; (c) an order directing that the person specified in the order be allowed, or not be allowed, access to the child or to reside with the child; (d) an order authorising the examination and assessment of the child; (e) an order authorising the Secretary to require – (i) any person to answer, to the best of his or her knowledge, information or belief, questions put by an employee of the Department authorised by the Secretary, either generally or in the particular case, to exercise the power to question; or (ii) any person who has examined, assessed or treated a party to the proceedings (other than the child), or the agency for whom the person works, to provide the Secretary with a written report of that examination, assessment or treatment; (f) any other order the Court considers appropriate. (3) An interim assessment order has effect only during the period of the adjournment. (4) A party to the application for an assessment order who has been served personally with the interim assessment order or was present in the Court when the interim assessment order was made must not contravene the order. Penalty: Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 12 months, or both. 27. Restraint order on adjournment (1) If the Court adjourns the hearing of an application for an assessment order, the Court may make, in addition to or instead of making an interim assessment order – (a) a restraint order against a person under Part XA of the Justices Act 1959 if the Court is satisfied that the person has been served with a copy of the application; or (b) an interim restraint order against a person under Part XA of the Justices Act 1959 and such ancillary orders as the Court considers appropriate. (2) An application for an assessment order is taken to be an application for a restraint order under Part XA of the Justices Act 1959 made by a person granted leave to apply by the justices – (a) for the purposes of subsection (1) ; and (b) for the purposes of the application of the Justices Act 1959 in relation to a restraint order or interim restraint order made under that subsection. 28. Effect of appeal against assessment order or interim assessment order If an appeal is brought against an assessment order or an interim assessment order, the order continues to have effect unless otherwise ordered by a judge. Division 3 - Examination and assessment of children 29. Examination and assessment of child (1) An employee of the Department may take a child to a person or place (including admitting the child to hospital) for the purpose of having the child medically or otherwise professionally treated or professionally examined, tested or assessed if – (a) the child is in the Secretary's custody under section 21 ; or (b) an assessment order, or an interim assessment order, authorising examination and assessment of the child is in force. (2) If a child is taken to a person or place under subsection (1) , the person who is to treat, examine, test or assess the child may do so even though the child's guardians have not consented. (3) A person who treats, examines, tests or assesses a child as allowed under subsection (2) , or the employer of that person, must provide the Secretary with a written report on the treatment, examination, test or assessment of the child as soon as practicable after the treatment, examination, test or assessment is completed. (4) A person who in good faith provides a report as required by subsection (3) does not incur any civil liability in respect of the provision of the report. PART 5 - Children in need of care and protection Division 1 - Family group conferences 30. Family group conference held in certain circumstances (1) The Secretary may cause a family group conference to be convened in respect of a child if the Secretary is of the opinion – (a) that the child is at risk; and (b) that arrangements should be made to secure the child's care and protection; and (c) that a family group conference is a suitable means of determining what those arrangements should be. (2) The Secretary must cause a family group conference to be convened if – (a) the Court has adjourned proceedings and referred a matter to a family group conference for consideration and report; or (b) the Secretary is required under section 53 to convene a family group conference. (3) . . . . . . . . 31. Purpose of family group conference (1) The purpose of a family group conference convened under section 30(1) is to provide an opportunity for a child's family and other persons attending the conference – (a) to make informed recommendations as to the arrangements for best securing the care and protection of the child; or (b) to review those arrangements and make further recommendations in respect of those arrangements from time to time. (2) The purposes of a family group conference convened under section 30(2)(a) are – (a) to consider the matter referred to it by the Court; and (b) to make recommendations to the Court in respect of that matter. (3) The purpose of a family group conference convened under section 30(2)(b) is to provide an opportunity for a child's family and other persons attending the meeting to review the arrangements for care and protection of the child implemented under a care and protection order. 32. Convening family group conference (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 State school, a person nominated by the Secretary of the responsible Department in relation to the Education Act 2016 ; (ha) if there are concerns about the child's education and the child receives home education, within the meaning of the Education Act 2016 , a person nominated by the Minister administering that Act; (i) if there are concerns about the child's education and the child attends a registered school within the meaning of the Education Act 2016 , a person nominated by the principal of the school; (j) . . . . . . . . (k) if there are concerns about the child's education and the child attends TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 , a person nominated by TasTAFE; (l) any other person the facilitator considers should attend. (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. 33. Constitution of and attendance at family group conference (1) A family group conference consists of – (a) the facilitator; and (b) those persons who attend the conference in response to the invitation of the facilitator. (2) The child and each guardian of the child is entitled to be accompanied by one or more persons of his or her choice, being persons who are also approved by the facilitator, to provide support and assistance to the child or guardian. (3) A person may, with the permission of the facilitator, attend a family group conference for the purpose of providing expert advice or information on matters relevant to the conference. 34. Procedure at family group conference (1) The facilitator must take reasonable steps to ascertain and provide to the family group conference the views of the following persons in relation to the steps that should be taken to ensure the care and protection of the child or in relation to the matter referred by the Court: (a) the child (so far as his or her views are ascertainable) if he or she has not been invited, or refuses, to attend; (b) those persons invited to attend the conference but who are unable to attend; (c) any guardian or other family member who has not been invited to attend the conference but whose views the facilitator considers appropriate to provide to the conference. (2) At a family group conference convened under section 30(1) , the facilitator must ensure that sufficient information as to the child's circumstances and the grounds for believing the child to be at risk is presented to the family group conference. (3) The facilitator must allow the child and the child's guardians and other family members present at a family group conference an opportunity to hold discussions in private for the purpose of formulating the family's recommendations in relation to the arrangements for securing the care and protection of the child or in relation to the matter referred by the Court if the facilitator thinks it appropriate to do so. (4) A family group conference should reach a decision by the consensus of the child and the child's guardians and other family members. (5) A family group conference fails to reach a decision unless all of the following persons agree: (a) the child, if present and, in the opinion of the facilitator, capable of making an independent, rational and informed decision as to his or her own care and protection; (b) the child's advocate, if one is appointed; (c) the child's representative, if one is appointed under an order made under section 59 ; (d) all the child's guardians that are present; (e) the facilitator. (6) If the facilitator considers it appropriate, the facilitator may adjourn the family group conference from time to time and from place to place. (7) If the child does not have an advocate or a representative and the facilitator considers that it is in the best interests of the child to have the advice and representation of an advocate, the facilitator must adjourn the family group conference to allow for the appointment of such an advocate. 35. Power of facilitator to appoint child's advocate (1) At any time the facilitator may appoint a person whom the facilitator considers suitable to represent the child and be the child's advocate at a family group conference if the facilitator considers it in the best interests of the child to do so and a representative has not been appointed under an order made under section 59 . (2) If the child is capable of participating in making a decision as to representation in an independent, rational and informed manner, the facilitator may not appoint a person as advocate for the child without the agreement of the child. 36. Finalising family group conference (1) Before the facilitator declares the family group conference ended, a decision of the conference in relation to the arrangements for securing the care and protection of the child or in relation to the recommendations to be made to the Court must be put in writing and signed by – (a) the facilitator; and (b) each of the following persons who are attending the conference and concur in the decision: (i) the child, if present and not excused by the facilitator from the obligation and, in the opinion of the facilitator, capable of participating in making the decision in an independent, rational and informed manner; (ii) the child's advocate, if one is appointed; (iii) the child's guardians, and other family members, if present. (2) The decision of the family group conference must include the following information: (a) the names of the persons who attended the family group conference; (b) details of the time and place at which the conference was held; (c) if the conference was convened under section 30(1) , recommendations for the review of the arrangements for securing the care and protection of the child; (d) if the conference was convened under section 30(2) , the recommendations to be made to the Court in respect of the matter referred to the conference. (3) As soon as practicable after a family group conference ends, the facilitator must do the following: (a) if the fa