{"id":"tas:act-2013-064","name":"Children, Young Persons and Their Families Amendment Act 2013","slug":"children-young-persons-and-their-families-amendment-act-2013","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"64 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31729,"registerId":"tas-act-2013-064-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Children, Young Persons and Their Families Amendment Act 2013](/view/html/inforce/2026-04-12/act-2013-064) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principal Act","content":"### 3 Principal Act\n\n> In this Act, the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) is referred to as the Principal Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Section 3  amended (Interpretation)","content":"### 4 Section 3  amended (Interpretation)\n\n> [Section 3(1) of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS3@Gs1@EN) is amended as follows:\n> \n> > > (a) by omitting [the definition of ***advisory panel***](/view/html/inforce/2026-04-12/act-1997-028#GS3@Gs1@Nd35825391018519@EN) ;\n> > \n> > > (b) by inserting \"family group\" after \"a\" in [the definition of ***family group conference***](/view/html/inforce/2026-04-12/act-1997-028#GS3@Gs1@Nd35825391412037@EN) ;\n> > \n> > \\[Commences: Never commenced\n> > \n> > *\n> > \n> > > (c) by inserting the following definition after [the definition of ***family group conference***](/view/html/inforce/2026-04-12/act-1997-028#GS3@Gs1@Nd35825391412037@EN) :\n> > > \n> > > > > ***family meeting*** means a family meeting convened under [section 29A](#GS29A@EN) or [53](#GS53@EN) ;\n> > \n> > *\n> > \n> > \\]\n> > \n> > > (d) by omitting [paragraph (c)](/view/html/inforce/2026-04-12/act-1997-028#GS3@Gs1@Nd1292008525010@Hpc@EN) from [the definition of ***information-sharing entity***](/view/html/inforce/2026-04-12/act-1997-028#GS3@Gs1@Nd1292008525010@EN) and substituting the following paragraph:\n> > > \n> > > > > > (c) a person conducting an establishment, within the meaning of the [Health Service Establishments Act 2006](/view/html/inforce/2026-04-12/act-2006-017) ; or\n> > \n> > > (e) by inserting the following definition after [the definition of ***State***](/view/html/inforce/2026-04-12/act-1997-028#GS3@Gs1@Nd35825391631944@EN) :\n> > > \n> > > > > ***supervision order*** has the meaning given by [section 42A](#GS42A@EN) ;","sortOrder":3},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":4},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Section 11  amended (Voluntary care agreement)","content":"### 7 Section 11  amended (Voluntary care agreement)\n\n> [Section 11 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS11@EN) is amended as follows:\n> \n> > > (a) by omitting [subsection (1)](/view/html/inforce/2026-04-12/act-1997-028#GS11@Gs1@EN) and substituting the following subsections:\n> > > \n> > > > > (1)  In this section –\n> > > > > \n> > > > > > ***extension period*** means –\n> > > > > > \n> > > > > > > > (a) 12 months for an agreement made under [subsection (1A)](#GS11@Gs1A@EN) in relation to a child if the Secretary considers that –\n> > > > > > > > \n> > > > > > > > > > (i) the child has special needs arising from a disability; or\n> > > > > > > > > \n> > > > > > > > > > (ii) special circumstances exist and it is in the best interests of the child; or\n> > > > > > > \n> > > > > > > > (b) 3 months in any other case;\n> > > > > \n> > > > > > ***initial period*** means –\n> > > > > > \n> > > > > > > > (a) 6 months for an agreement made under [subsection (1A)](#GS11@Gs1A@EN) in relation to a child if the Secretary considers that –\n> > > > > > > > \n> > > > > > > > > > (i) the child has special needs arising from a disability; or\n> > > > > > > > > \n> > > > > > > > > > (ii) special circumstances exist and it is in the best interests of the child; or\n> > > > > > > \n> > > > > > > > (b) 3 months in any other case.\n> > > > \n> > > > > (1A)  If the guardians of a child temporarily are unable to care for or maintain the child or exercise adequate supervision of, and control over, the child –\n> > > > > \n> > > > > > > (a) the guardians, acting together, and the Secretary may enter into an agreement under which the Secretary will have the care and custody of the child for a period not exceeding the initial period specified in the agreement; and\n> > > > > > \n> > > > > > > (b) before the termination of a care agreement, the guardians, acting together, and the Secretary may extend the agreement for a period not exceeding the extension period.\n> > \n> > > (b) by omitting from [subsection (2)](/view/html/inforce/2026-04-12/act-1997-028#GS11@Gs2@EN) \" [subsection (1)](#GS11@Gs1@EN)  –\" and substituting \" [subsection (1A)](#GS11@Gs1A@EN)  –\";\n> > \n> > > (c) by omitting [subsections (3)](/view/html/inforce/2026-04-12/act-1997-028#GS11@Gs3@EN) and [(4)](/view/html/inforce/2026-04-12/act-1997-028#GS11@Gs4@EN) and substituting the following subsections:\n> > > \n> > > > > (3)  Despite [subsection (1A)(a)](#GS11@Gs1A@Hpa@EN) , the Secretary may not enter into a care agreement if –\n> > > > > \n> > > > > > > (a) the Secretary has reasonable grounds for suspecting or believing, or knows, that the child is at risk for any reason other than that the guardians are or will be temporarily unable to care for or maintain the child or exercise adequate supervision of, and control over, the child; and\n> > > > > > \n> > > > > > > (b) the Secretary reasonably suspects that the guardians cannot or will not be able, while temporarily being without the care of the child, to change their behaviours so that when the child is returned to their care there will be no such risk to the child.\n> > > > \n> > > > > (4)  Despite [subsection (1A)(b)](#GS11@Gs1A@Hpb@EN) , a care agreement may not be extended so that it will operate for a total period of more than –\n> > > > > \n> > > > > > > (a) 18 months in the case where the Secretary, in making the agreement, considered that –\n> > > > > > > \n> > > > > > > > > (i) the child had special needs arising from a disability; or\n> > > > > > > > \n> > > > > > > > > (ii) special circumstances exist and it is in the best interests of the child; or\n> > > > > > \n> > > > > > > (b) 3 months in any other case.","sortOrder":6},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":7},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":8},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Part 5, Division 1AA  inserted","content":"### 11 Part 5, Division 1AA  inserted\n\n> Before Division 1 of [Part 5 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#HP5@EN) , the following Division is inserted in Part 5:\n> \n> > > **Division 1AA - Family meetings**\n> > \n> > **29A.**   **Family meeting held in certain circumstances**\n> > \n> > > > (1)  The Secretary may cause a family meeting to be convened in respect of a child if the Secretary is of the opinion that –\n> > > > \n> > > > > > (a) the child is at risk; and\n> > > > > \n> > > > > > (b) that a family meeting is appropriate in the circumstances.\n> > > \n> > > > (2)  The Secretary must cause a family meeting to be convened if the Secretary is required under [section 53](#GS53@EN) to convene a family meeting.\n> > \n> > **29B.**   **Purpose of family meeting**\n> > \n> > > > (1)  The purpose of a family meeting convened under [section 29A(1)](#GS29A@Gs1@EN) is to provide an opportunity for a child's family and other persons attending the meeting –\n> > > > \n> > > > > > (a) to make informed recommendations as to the arrangements for best securing the care and protection of the child; or\n> > > > > \n> > > > > > (b) to review those arrangements and make further recommendations in respect of the arrangements from time to time.\n> > > \n> > > > (2)  The purpose of a family meeting convened under [section 29A(2)](#GS29A@Gs2@EN) 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.\n> > \n> > **29C.**   **Convening family meeting**\n> > \n> > > > (1)  If a family meeting is to be held, the Secretary must assign a facilitator to convene and facilitate the family meeting.\n> > > \n> > > > (2)  In assigning a facilitator, the Secretary may consult with the child and the child's immediate family.\n> > > \n> > > > (3)  The facilitator –\n> > > > \n> > > > > > (a) must consult with the child, the child's immediate family and, in the case of an Aboriginal child, with an appropriate recognised Aboriginal organisation as to –\n> > > > > > \n> > > > > > > > (i) who should be invited to attend the family meeting; and\n> > > > > > > \n> > > > > > > > (ii) the time and place of the meeting; and\n> > > > > > > \n> > > > > > > > (iii) whether or not any person, including the child, should be permitted to be represented by an advocate at the meeting; and\n> > > > > > > \n> > > > > > > > (iv) the meeting's agenda and the procedure to be followed at the meeting; and\n> > > > > \n> > > > > > (b) must fix a time and place for the family meeting; and\n> > > > > \n> > > > > > (c) must issue a notice specifying the time and place of the family meeting.\n> > > \n> > > > (4)  The facilitator must invite the following persons to attend the family meeting and provide each of them with a copy of the notice issued under [subsection (3)(c)](#GS29C@Gs3@Hpc@EN) :\n> > > > \n> > > > > > (a) the child;\n> > > > > \n> > > > > > (b) the immediate family of the child;\n> > > > > \n> > > > > > (c) the other persons who, during the consultation referred to in [subsection (3)(a)](#GS29C@Gs3@Hpa@EN) , it is agreed are to be invited to attend;\n> > > > > \n> > > > > > (d) an employee of the Department authorised by the Secretary, either generally or in respect of the child, to present a report into the child's circumstances to the meeting;\n> > > > > \n> > > > > > (e) if the meeting is convened as required by [section 53(a)](#GS53@Hpa@EN) , any person who the care and protection order specifies is to be invited.\n> > > \n> > > > (5)  Despite [subsection (4)](#GS29C@Gs4@EN) , the facilitator is not required to invite any person specified in that subsection to the family meeting if the attendance of that person at the meeting could result in the contravention of –\n> > > > \n> > > > > > (a) a restraint order made under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ; or\n> > > > > \n> > > > > > (b) a family violence order, interim family violence order or police family violence order made under the [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) ; or\n> > > > > \n> > > > > > (c) an order under [Part VII of the](/view/html/inforce/2026-04-12/act-1975-999#) [Family Law Act 1975](/view/html/inforce/2026-04-12/act-2013-064) of the Commonwealth; or\n> > > > > \n> > > > > > (d) any other order of a court, wherever made.\n> > > \n> > > > (6)  Despite [subsection (4)(a)](#GS29C@Gs4@Hpa@EN) and [(b)](#GS29C@Gs4@Hpb@EN) , the facilitator is not required to invite the child or any guardian of the child to the family meeting 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.\n> > > \n> > > > (7)  Despite [subsection (4)(a)](#GS29C@Gs4@Hpa@EN) , the facilitator is not required to invite the child to the family meeting 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.\n> > > \n> > > > (8)  The facilitator may invite one or more of the following persons to attend the family meeting and provide them with a copy of the notice issued under [subsection (3)(c)](#GS29C@Gs3@Hpc@EN) :\n> > > > \n> > > > > > (a) members of the child's extended family whom the child or the child's guardians have requested the facilitator to invite;\n> > > > > \n> > > > > > (b) other members of the child's extended family that the facilitator considers should attend;\n> > > > > \n> > > > > > (c) any other person who has had a close association with the child and that the facilitator considers should attend;\n> > > > > \n> > > > > > (d) any person who has been counselling, advising or aiding the child or the child's guardians and that the facilitator considers should attend;\n> > > > > \n> > > > > > (e) if the child is an Aboriginal child, a person nominated by a recognised Aboriginal organisation;\n> > > > > \n> > > > > > (f) any person who has examined, assessed, counselled or treated the child in the course of the assessment of the child's circumstances and that the facilitator considers should attend;\n> > > > > \n> > > > > > (g) if there are concerns about the child's education and the child attends a State school, a person nominated by the Head of Agency of the responsible Department in relation to the [Education Act 1994](/view/html/inforce/2026-04-12/act-1994-086) ;\n> > > > > \n> > > > > > (h) if there are concerns about the child's education and the child receives home education, within the meaning of the [Education Act 1994](/view/html/inforce/2026-04-12/act-1994-086) , a person nominated by the Minister administering that Act;\n> > > > > \n> > > > > > (i) if there are concerns about the child's education and the child attends a registered school within the meaning of the [Education Act 1994](/view/html/inforce/2026-04-12/act-1994-086) , a person nominated by the principal of the school;\n> > > > > \n> > > > > > (j) if there are concerns about the child's education and the child attends the Tasmanian Academy continued by the [Education and Training (Tasmanian Academy) Act 2008](/view/html/inforce/2026-04-12/act-2008-042) , a person nominated by the Head of Agency of the responsible Department in relation to that Act;\n> > > > > \n> > > > > > (k) if there are concerns about the child's education and the child attends TasTAFE created by the [Training and Workforce Development Act 2013](/view/html/inforce/2026-04-12/act-2013-009) , a person nominated by TasTAFE;\n> > > > > \n> > > > > > (l) any other person the facilitator considers should attend.\n> > > \n> > > > (9)  In determining whether a person is to be invited or not to be invited to a family meeting under [subsection (8)](#GS29C@Gs8@EN) , the facilitator must take into account any relevant restraint order made under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) or any other relevant order of a court.\n> > \n> > **29D.**   **Constitution of and attendance at family meeting**\n> > \n> > > A family meeting consists of –\n> > > \n> > > > > (a) the facilitator; and\n> > > > \n> > > > > (b) those persons who attend the meeting in response to the invitation of the facilitator.\n> > \n> > **29E.**   **Procedure at family meeting**\n> > \n> > > > (1)  The procedure to be followed at a family meeting is the procedure agreed during the consultation referred to in [section 29C(3)(a)](#GS29C@Gs3@Hpa@EN) or as agreed by the family meeting.\n> > > \n> > > > (2)  The facilitator is to conduct a family meeting in an informal manner.\n> > > \n> > > > (3)  If the facilitator considers it appropriate, the facilitator may adjourn the family meeting from time to time and from place to place.\n> > \n> > **29F.**   **Finalising family meeting**\n> > \n> > > > (1)  Before the facilitator declares a family meeting ended, the recommendations, or further recommendations, of the meeting as to the arrangements for best securing the care and protection of the child must be put in writing and signed by –\n> > > > \n> > > > > > (a) the facilitator; and\n> > > > > \n> > > > > > (b) each of the following persons who are attending the meeting and concur in the decision:\n> > > > > > \n> > > > > > > > (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;\n> > > > > > > \n> > > > > > > > (ii) the child's advocate, if one is appointed;\n> > > > > > > \n> > > > > > > > (iii) the child's guardians, if present.\n> > > \n> > > > (2)  The decision of the family meeting must include the following information:\n> > > > \n> > > > > > (a) the names of the persons who attended the family meeting;\n> > > > > \n> > > > > > (b) details of the time and place at which the meeting was held;\n> > > > > \n> > > > > > (c) if the meeting was convened under [section 29A(1)](#GS29A@Gs1@EN) , recommendations for the review of the arrangements for securing the care and protection of the child.\n> > > \n> > > > (3)  As soon as practicable after a family meeting ends, the facilitator must do the following:\n> > > > \n> > > > > > (a) if the family meeting failed to reach a decision, prepare a written report stating that fact and containing –\n> > > > > > \n> > > > > > > > (i) a summary of any proposals for recommendations discussed at the meeting; and\n> > > > > > > \n> > > > > > > > (ii) the reasons, in the facilitator's opinion, for that failure to reach a decision;\n> > > > > \n> > > > > > (b) for all family meetings, provide a copy of the decision of the family meeting or the report referred to in [paragraph (a)](#GS36@Gs3@Hpa@EN) to –\n> > > > > > \n> > > > > > > > (i) the Secretary; and\n> > > > > > > \n> > > > > > > > (ii) the child; and\n> > > > > > > \n> > > > > > > > (iii) each guardian of the child; and\n> > > > > > > \n> > > > > > > > (iv) any other person involved in implementing the arrangements for securing the care and protection of the child recommended in the decision; and\n> > > > > > > \n> > > > > > > > (v) each person who attended the meeting; and\n> > > > > > > \n> > > > > > > > (vi) any other person the facilitator considers appropriate.\n> > \n> > **29G.**   **Action by Secretary after family meeting**\n> > \n> > > > (1)  On receipt of the decision of a family meeting convened under [section 29A(1)](#GS29A@Gs1@EN) , the Secretary may –\n> > > > \n> > > > > > (a) if the Secretary considers the arrangements for securing the care and protection of the child recommended in that decision to be suitable, approve those arrangements; or\n> > > > > \n> > > > > > (b) if the Secretary does not consider those arrangements suitable –\n> > > > > > \n> > > > > > > > (i) reconvene the family meeting for the purpose of reconsidering those arrangements and recommending other or further arrangements; or\n> > > > > > > \n> > > > > > > > (ii) take action under [Division 1](#HP5@HD1@EN) or [2](#HP5@HD2@EN) in relation to the child.\n> > > \n> > > > (2)  On receipt of the report as to the failure of a family meeting to reach a decision, the Secretary may –\n> > > > \n> > > > > > (a) reconvene the family meeting for the purpose of reaching a decision recommending arrangements for securing the care and protection of the child; or\n> > > > > \n> > > > > > (b) take action under [Division 1](#HP5@HD1@EN) or [2](#HP5@HD2@EN) in relation to the child.\n> > > \n> > > > (3)  The Secretary must provide notice, in writing, of his or her decision under [subsection (1)](#GS29G@Gs1@EN) or [(2)](#GS29G@Gs2@EN) to the facilitator and –\n> > > > \n> > > > > > (a) to –\n> > > > > > \n> > > > > > > > (i) the child; and\n> > > > > > > \n> > > > > > > > (ii) each guardian of the child; and\n> > > > > > > \n> > > > > > > > (iii) any other person involved in implementing the arrangements for securing the care and protection of the child recommended in the decision; and\n> > > > > > > \n> > > > > > > > (iv) each person who attended the meeting; and\n> > > > > > > \n> > > > > > > > (v) any other person the facilitator considers appropriate; or\n> > > > > \n> > > > > > (b) to each person who was invited to attend a family meeting if the Secretary does not consider the arrangements for securing the care and protection of the child recommended by the meeting suitable and decides to reconvene the family meeting or take action under [Division 1](#HP5@HD1@EN) or [2](#HP5@HD2@EN) in relation to the child; or\n> > > > > \n> > > > > > (c) to each person who was invited to attend a family meeting that failed to reach a decision if the Secretary decides to reconvene the family meeting.\n> > \n> > **29H.**   **Publication of discussion at, and reports on, family meeting**\n> > \n> > > > (1)  Except as allowed by this Act, a person must not publish in any manner –\n> > > > \n> > > > > > (a) a decision of a family meeting; or\n> > > > > \n> > > > > > (b) any report relating to a family meeting; or\n> > > > > \n> > > > > > (c) anything said or done at a family meeting.\n> > > > \n> > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 18 months, or both.\n> > > \n> > > > (2)  Evidence of anything said at a family meeting is not admissible in any proceedings.\n> > > \n> > > > (3)  Despite [subsection (2)](#GS29H@Gs2@EN) , the written record of the decision made by a family meeting, or the written report of the facilitator made following the failure of a family meeting to reach a decision, is admissible in proceedings under [Division 2](#HP5@HD2@EN) for the purpose of establishing that a decision was or was not made.\n> > > \n> > > > (4)  The [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) does not apply in relation to –\n> > > > \n> > > > > > (a) any report on a family meeting; or\n> > > > > \n> > > > > > (b) the written record of the decision of a family meeting; or\n> > > > > \n> > > > > > (c) the written report of a facilitator following the failure of a family meeting to reach a decision.\n> > \n> > **29I.**   **Members of immediate family whose whereabouts are unknown**\n> > \n> > > This Division does not apply in relation to a member of a child's immediate family whose whereabouts cannot, after reasonable inquiry, be ascertained.","sortOrder":10},{"sectionNumber":"Division 1AA","sectionType":"division","heading":"Family meetings","content":"## Division 1AA Family meetings","sortOrder":11},{"sectionNumber":"29A","sectionType":"section","heading":"Family meeting held in certain circumstances","content":"### 29A Family meeting held in certain circumstances\n\n> > (1)  The Secretary may cause a family meeting to be convened in respect of a child if the Secretary is of the opinion that –\n> > \n> > > > (a) the child is at risk; and\n> > > \n> > > > (b) that a family meeting is appropriate in the circumstances.\n> \n> > (2)  The Secretary must cause a family meeting to be convened if the Secretary is required under [section 53](#GS53@EN) to convene a family meeting.","sortOrder":12},{"sectionNumber":"29B","sectionType":"section","heading":"Purpose of family meeting","content":"### 29B Purpose of family meeting\n\n> > (1)  The purpose of a family meeting convened under [section 29A(1)](#GS29A@Gs1@EN) is to provide an opportunity for a child's family and other persons attending the meeting –\n> > \n> > > > (a) to make informed recommendations as to the arrangements for best securing the care and protection of the child; or\n> > > \n> > > > (b) to review those arrangements and make further recommendations in respect of the arrangements from time to time.\n> \n> > (2)  The purpose of a family meeting convened under [section 29A(2)](#GS29A@Gs2@EN) 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.","sortOrder":13},{"sectionNumber":"29C","sectionType":"section","heading":"Convening family meeting","content":"### 29C Convening family meeting\n\n> > (1)  If a family meeting is to be held, the Secretary must assign a facilitator to convene and facilitate the family meeting.\n> \n> > (2)  In assigning a facilitator, the Secretary may consult with the child and the child's immediate family.\n> \n> > (3)  The facilitator –\n> > \n> > > > (a) must consult with the child, the child's immediate family and, in the case of an Aboriginal child, with an appropriate recognised Aboriginal organisation as to –\n> > > > \n> > > > > > (i) who should be invited to attend the family meeting; and\n> > > > > \n> > > > > > (ii) the time and place of the meeting; and\n> > > > > \n> > > > > > (iii) whether or not any person, including the child, should be permitted to be represented by an advocate at the meeting; and\n> > > > > \n> > > > > > (iv) the meeting's agenda and the procedure to be followed at the meeting; and\n> > > \n> > > > (b) must fix a time and place for the family meeting; and\n> > > \n> > > > (c) must issue a notice specifying the time and place of the family meeting.\n> \n> > (4)  The facilitator must invite the following persons to attend the family meeting and provide each of them with a copy of the notice issued under [subsection (3)(c)](#GS29C@Gs3@Hpc@EN) :\n> > \n> > > > (a) the child;\n> > > \n> > > > (b) the immediate family of the child;\n> > > \n> > > > (c) the other persons who, during the consultation referred to in [subsection (3)(a)](#GS29C@Gs3@Hpa@EN) , it is agreed are to be invited to attend;\n> > > \n> > > > (d) an employee of the Department authorised by the Secretary, either generally or in respect of the child, to present a report into the child's circumstances to the meeting;\n> > > \n> > > > (e) if the meeting is convened as required by [section 53(a)](#GS53@Hpa@EN) , any person who the care and protection order specifies is to be invited.\n> \n> > (5)  Despite [subsection (4)](#GS29C@Gs4@EN) , the facilitator is not required to invite any person specified in that subsection to the family meeting if the attendance of that person at the meeting could result in the contravention of –\n> > \n> > > > (a) a restraint order made under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ; or\n> > > \n> > > > (b) a family violence order, interim family violence order or police family violence order made under the [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) ; or\n> > > \n> > > > (c) an order under [Part VII of the](/view/html/inforce/2026-04-12/act-1975-999#) [Family Law Act 1975](/view/html/inforce/2026-04-12/act-2013-064) of the Commonwealth; or\n> > > \n> > > > (d) any other order of a court, wherever made.\n> \n> > (6)  Despite [subsection (4)(a)](#GS29C@Gs4@Hpa@EN) and [(b)](#GS29C@Gs4@Hpb@EN) , the facilitator is not required to invite the child or any guardian of the child to the family meeting 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.\n> \n> > (7)  Despite [subsection (4)(a)](#GS29C@Gs4@Hpa@EN) , the facilitator is not required to invite the child to the family meeting 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.\n> \n> > (8)  The facilitator may invite one or more of the following persons to attend the family meeting and provide them with a copy of the notice issued under [subsection (3)(c)](#GS29C@Gs3@Hpc@EN) :\n> > \n> > > > (a) members of the child's extended family whom the child or the child's guardians have requested the facilitator to invite;\n> > > \n> > > > (b) other members of the child's extended family that the facilitator considers should attend;\n> > > \n> > > > (c) any other person who has had a close association with the child and that the facilitator considers should attend;\n> > > \n> > > > (d) any person who has been counselling, advising or aiding the child or the child's guardians and that the facilitator considers should attend;\n> > > \n> > > > (e) if the child is an Aboriginal child, a person nominated by a recognised Aboriginal organisation;\n> > > \n> > > > (f) any person who has examined, assessed, counselled or treated the child in the course of the assessment of the child's circumstances and that the facilitator considers should attend;\n> > > \n> > > > (g) if there are concerns about the child's education and the child attends a State school, a person nominated by the Head of Agency of the responsible Department in relation to the [Education Act 1994](/view/html/inforce/2026-04-12/act-1994-086) ;\n> > > \n> > > > (h) if there are concerns about the child's education and the child receives home education, within the meaning of the [Education Act 1994](/view/html/inforce/2026-04-12/act-1994-086) , a person nominated by the Minister administering that Act;\n> > > \n> > > > (i) if there are concerns about the child's education and the child attends a registered school within the meaning of the [Education Act 1994](/view/html/inforce/2026-04-12/act-1994-086) , a person nominated by the principal of the school;\n> > > \n> > > > (j) if there are concerns about the child's education and the child attends the Tasmanian Academy continued by the [Education and Training (Tasmanian Academy) Act 2008](/view/html/inforce/2026-04-12/act-2008-042) , a person nominated by the Head of Agency of the responsible Department in relation to that Act;\n> > > \n> > > > (k) if there are concerns about the child's education and the child attends TasTAFE created by the [Training and Workforce Development Act 2013](/view/html/inforce/2026-04-12/act-2013-009) , a person nominated by TasTAFE;\n> > > \n> > > > (l) any other person the facilitator considers should attend.\n> \n> > (9)  In determining whether a person is to be invited or not to be invited to a family meeting under [subsection (8)](#GS29C@Gs8@EN) , the facilitator must take into account any relevant restraint order made under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) or any other relevant order of a court.","sortOrder":14},{"sectionNumber":"29D","sectionType":"section","heading":"Constitution of and attendance at family meeting","content":"### 29D Constitution of and attendance at family meeting\n\n> A family meeting consists of –\n> \n> > > (a) the facilitator; and\n> > \n> > > (b) those persons who attend the meeting in response to the invitation of the facilitator.","sortOrder":15},{"sectionNumber":"29E","sectionType":"section","heading":"Procedure at family meeting","content":"### 29E Procedure at family meeting\n\n> > (1)  The procedure to be followed at a family meeting is the procedure agreed during the consultation referred to in [section 29C(3)(a)](#GS29C@Gs3@Hpa@EN) or as agreed by the family meeting.\n> \n> > (2)  The facilitator is to conduct a family meeting in an informal manner.\n> \n> > (3)  If the facilitator considers it appropriate, the facilitator may adjourn the family meeting from time to time and from place to place.","sortOrder":16},{"sectionNumber":"29F","sectionType":"section","heading":"Finalising family meeting","content":"### 29F Finalising family meeting\n\n> > (1)  Before the facilitator declares a family meeting ended, the recommendations, or further recommendations, of the meeting as to the arrangements for best securing the care and protection of the child must be put in writing and signed by –\n> > \n> > > > (a) the facilitator; and\n> > > \n> > > > (b) each of the following persons who are attending the meeting and concur in the decision:\n> > > > \n> > > > > > (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;\n> > > > > \n> > > > > > (ii) the child's advocate, if one is appointed;\n> > > > > \n> > > > > > (iii) the child's guardians, if present.\n> \n> > (2)  The decision of the family meeting must include the following information:\n> > \n> > > > (a) the names of the persons who attended the family meeting;\n> > > \n> > > > (b) details of the time and place at which the meeting was held;\n> > > \n> > > > (c) if the meeting was convened under [section 29A(1)](#GS29A@Gs1@EN) , recommendations for the review of the arrangements for securing the care and protection of the child.\n> \n> > (3)  As soon as practicable after a family meeting ends, the facilitator must do the following:\n> > \n> > > > (a) if the family meeting failed to reach a decision, prepare a written report stating that fact and containing –\n> > > > \n> > > > > > (i) a summary of any proposals for recommendations discussed at the meeting; and\n> > > > > \n> > > > > > (ii) the reasons, in the facilitator's opinion, for that failure to reach a decision;\n> > > \n> > > > (b) for all family meetings, provide a copy of the decision of the family meeting or the report referred to in [paragraph (a)](#GS36@Gs3@Hpa@EN) to –\n> > > > \n> > > > > > (i) the Secretary; and\n> > > > > \n> > > > > > (ii) the child; and\n> > > > > \n> > > > > > (iii) each guardian of the child; and\n> > > > > \n> > > > > > (iv) any other person involved in implementing the arrangements for securing the care and protection of the child recommended in the decision; and\n> > > > > \n> > > > > > (v) each person who attended the meeting; and\n> > > > > \n> > > > > > (vi) any other person the facilitator considers appropriate.","sortOrder":17},{"sectionNumber":"29G","sectionType":"section","heading":"Action by Secretary after family meeting","content":"### 29G Action by Secretary after family meeting\n\n> > (1)  On receipt of the decision of a family meeting convened under [section 29A(1)](#GS29A@Gs1@EN) , the Secretary may –\n> > \n> > > > (a) if the Secretary considers the arrangements for securing the care and protection of the child recommended in that decision to be suitable, approve those arrangements; or\n> > > \n> > > > (b) if the Secretary does not consider those arrangements suitable –\n> > > > \n> > > > > > (i) reconvene the family meeting for the purpose of reconsidering those arrangements and recommending other or further arrangements; or\n> > > > > \n> > > > > > (ii) take action under [Division 1](#HP5@HD1@EN) or [2](#HP5@HD2@EN) in relation to the child.\n> \n> > (2)  On receipt of the report as to the failure of a family meeting to reach a decision, the Secretary may –\n> > \n> > > > (a) reconvene the family meeting for the purpose of reaching a decision recommending arrangements for securing the care and protection of the child; or\n> > > \n> > > > (b) take action under [Division 1](#HP5@HD1@EN) or [2](#HP5@HD2@EN) in relation to the child.\n> \n> > (3)  The Secretary must provide notice, in writing, of his or her decision under [subsection (1)](#GS29G@Gs1@EN) or [(2)](#GS29G@Gs2@EN) to the facilitator and –\n> > \n> > > > (a) to –\n> > > > \n> > > > > > (i) the child; and\n> > > > > \n> > > > > > (ii) each guardian of the child; and\n> > > > > \n> > > > > > (iii) any other person involved in implementing the arrangements for securing the care and protection of the child recommended in the decision; and\n> > > > > \n> > > > > > (iv) each person who attended the meeting; and\n> > > > > \n> > > > > > (v) any other person the facilitator considers appropriate; or\n> > > \n> > > > (b) to each person who was invited to attend a family meeting if the Secretary does not consider the arrangements for securing the care and protection of the child recommended by the meeting suitable and decides to reconvene the family meeting or take action under [Division 1](#HP5@HD1@EN) or [2](#HP5@HD2@EN) in relation to the child; or\n> > > \n> > > > (c) to each person who was invited to attend a family meeting that failed to reach a decision if the Secretary decides to reconvene the family meeting.","sortOrder":18},{"sectionNumber":"29H","sectionType":"section","heading":"Publication of discussion at, and reports on, family meeting","content":"### 29H Publication of discussion at, and reports on, family meeting\n\n> > (1)  Except as allowed by this Act, a person must not publish in any manner –\n> > \n> > > > (a) a decision of a family meeting; or\n> > > \n> > > > (b) any report relating to a family meeting; or\n> > > \n> > > > (c) anything said or done at a family meeting.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 18 months, or both.\n> \n> > (2)  Evidence of anything said at a family meeting is not admissible in any proceedings.\n> \n> > (3)  Despite [subsection (2)](#GS29H@Gs2@EN) , the written record of the decision made by a family meeting, or the written report of the facilitator made following the failure of a family meeting to reach a decision, is admissible in proceedings under [Division 2](#HP5@HD2@EN) for the purpose of establishing that a decision was or was not made.\n> \n> > (4)  The [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) does not apply in relation to –\n> > \n> > > > (a) any report on a family meeting; or\n> > > \n> > > > (b) the written record of the decision of a family meeting; or\n> > > \n> > > > (c) the written report of a facilitator following the failure of a family meeting to reach a decision.","sortOrder":19},{"sectionNumber":"29I","sectionType":"section","heading":"Members of immediate family whose whereabouts are unknown","content":"### 29I Members of immediate family whose whereabouts are unknown\n\n> This Division does not apply in relation to a member of a child's immediate family whose whereabouts cannot, after reasonable inquiry, be ascertained.","sortOrder":20},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":21},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":22},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":23},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":24},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Section 42  amended (Care and protection order)","content":"### 17 Section 42  amended (Care and protection order)\n\n> [Section 42 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS42@EN) is amended as follows:\n> \n> \\[Commences: Never commenced\n> \n> > *\n> > \n> > > (a) by omitting [subsection (2)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs2@EN) and substituting the following subsection:\n> > > \n> > > > > (2)  The Secretary may apply to the Court for a care and protection order if –\n> > > > > \n> > > > > > > (a) a family meeting or family group conference has been held in relation to the child; or\n> > > > > > \n> > > > > > > (b) the Secretary considers that it is in the best interests of the child for the application to be made without delay.\n> > \n> > *\n> > \n> > \\]\n> > \n> > > (b) by omitting from [subsection (3)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs3@EN) \"Secretary,\" and substituting \"Secretary and subject to [subsection (6)](#GS42@Gs6@EN) ,\";\n> > \n> > \\[Commences: Never commenced\n> > \n> > *\n> > \n> > > (c) by omitting from [subsection (3)(b)(i)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs3@Hpb@Hqi@EN) \"group conference\" and substituting \"meeting or family group conference,\";\n> > \n> > *\n> > \n> > \\]\n> > \n> > > (d) by omitting [paragraph (a)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@Hpa@EN) from [subsection (4)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@EN) and substituting the following paragraph:\n> > > \n> > > > > > (a) a supervision order;\n> > \n> > > (e) by omitting from [subsection (4)(b)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@Hpb@EN) \"period not exceeding 12 months,\" and substituting \"period,\";\n> > \n> > > (f) by omitting from [subsection (4)(c)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@Hpc@EN) \"period not exceeding 12 months,\" and substituting \"period,\";\n> > \n> > > (g) by omitting from [subsection (4)(c)(ii)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@Hpc@Hqii@EN) \"persons;\" and substituting \"persons; or\";\n> > \n> > > (h) by inserting the following subparagraph after [subparagraph (ii)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@Hpc@Hqii@EN) in [subsection (4)(c)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@Hpc@EN) :\n> > > \n> > > > > > (iii) the Secretary and one or 2 other persons;\n> > \n> > > (i) by omitting [paragraph (d)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@Hpd@EN) from [subsection (4)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@EN) ;\n> > \n> > > (j) by inserting the following subsection after [subsection (4)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs4@EN) :\n> > > \n> > > > > (4A)  Without limiting the orders the Court may make under [subsection (4)(g)](#GS42@Gs4@Hpg@EN) and the matters to which the Court may have regard to in determining whether to make such an order, the Court may have regard to any relevant prescribed matter in making such a determination.\n> > \n> > > (k) by omitting from [subsection (5)(c)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs5@Hpc@EN) \"living\" and substituting \"residing\";\n> > \n> > > (l) by omitting [subsection (6)](/view/html/inforce/2026-04-12/act-1997-028#GS42@Gs6@EN) and substituting the following subsection:\n> > > \n> > > > > (6)  The Court may not make a care and protection order unless satisfied that –\n> > > > > \n> > > > > > > (a) the views of the child have been duly considered, having regard to the age, understanding and maturity of the child; and\n> > > > > > \n> > > > > > > (b) the views of the parents or other existing guardians have been duly considered; and\n> > > > > > \n> > > > > > > (c) if the order places a child under the guardianship of a person who is not an existing guardian (whether in addition to, or in substitution for, the guardianship of an existing guardian) –\n> > > > > > > \n> > > > > > > > > (i) all reasonable steps have been taken to provide the services required to enable the child's protection and care needs to be met within the home of a parent or other existing guardian of the child; and\n> > > > > > > > \n> > > > > > > > > (ii) the person proposed as guardian is suitable to have guardianship of the child, having regard to any prescribed matters, and is willing and able to assume guardianship; and\n> > > > > > \n> > > > > > > (d) either –\n> > > > > > > \n> > > > > > > > > (i) a family meeting or family group conference has been held in relation to the child; or\n> > > > > > > > \n> > > > > > > > > (ii) it is in the best interests of the child for the order to be made without further delay; and\n> > > > > > \n> > > > > > > (e) no other order, apart from the order considered, would be in the best interests of the child.","sortOrder":26},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Section 44  amended (Extension of care and protection order)","content":"### 19 Section 44  amended (Extension of care and protection order)\n\n> [Section 44 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS44@EN) is amended as follows:\n> \n> \\[Commences: Never commenced\n> \n> > *\n> > \n> > > (a) by inserting in [subsection (1)(a)](/view/html/inforce/2026-04-12/act-1997-028#GS44@Gs1@Hpa@EN) \"family meeting or\" after \"a\";\n> > \n> > *\n> > \n> > \\]\n> > \n> > > (b) by omitting [subsection (2)](/view/html/inforce/2026-04-12/act-1997-028#GS44@Gs2@EN) and substituting the following subsection:\n> > > \n> > > > > (2)  A care and protection order may be extended for the period the Court considers appropriate in the best interests of the child.","sortOrder":28},{"sectionNumber":"20.","sectionType":"section","heading":null,"content":"### 20.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":29},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":30},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":31},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Section 53  amended (Review of arrangements for care and protection of child)","content":"### 24 Section 53  amended (Review of arrangements for care and protection of child)\n\n> [Section 53 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS53@EN) is amended as follows:\n> \n> > > (a) by inserting \"family meeting or\" after \"A\";\n> > \n> > > (b) by inserting in [paragraph (a)](/view/html/inforce/2026-04-12/act-1997-028#GS53@Hpa@EN) \"meeting or\" after \"a\";\n> > \n> > > (c) by inserting in [paragraph (b)](/view/html/inforce/2026-04-12/act-1997-028#GS53@Hpb@EN) \"meeting or\" after \"a\";\n> > \n> > > (d) by inserting in [paragraph (c)](/view/html/inforce/2026-04-12/act-1997-028#GS53@Hpc@EN) \"meeting or\" after \"a\".","sortOrder":33},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":34},{"sectionNumber":"26.","sectionType":"section","heading":null,"content":"### 26.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":35},{"sectionNumber":"27.","sectionType":"section","heading":null,"content":"### 27.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":36},{"sectionNumber":"28.","sectionType":"section","heading":null,"content":"### 28.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":37},{"sectionNumber":"29.","sectionType":"section","heading":null,"content":"### 29.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":38},{"sectionNumber":"30.","sectionType":"section","heading":null,"content":"### 30.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":39},{"sectionNumber":"31.","sectionType":"section","heading":null,"content":"### 31.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":40},{"sectionNumber":"32.","sectionType":"section","heading":null,"content":"### 32.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":41},{"sectionNumber":"33.","sectionType":"section","heading":null,"content":"### 33.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":42},{"sectionNumber":"34.","sectionType":"section","heading":null,"content":"### 34.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":43},{"sectionNumber":"35.","sectionType":"section","heading":null,"content":"### 35.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Section 87  amended (Functions of facilitator)","content":"### 36 Section 87  amended (Functions of facilitator)\n\n> [Section 87(a) of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS87@Hpa@EN) is amended by inserting \"family meeting or\" after \"a\".","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Section 88  amended (Guidelines for facilitator)","content":"### 37 Section 88  amended (Guidelines for facilitator)\n\n> [Section 88(1) of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS88@Gs1@EN) is amended by inserting \"family meeting or\" after \"a\".","sortOrder":46},{"sectionNumber":"38.","sectionType":"section","heading":null,"content":"### 38.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Section 103  amended (Duty to maintain confidentiality)","content":"### 39 Section 103  amended (Duty to maintain confidentiality)\n\n> [Section 103(2) of the Principal Act](/view/html/inforce/2026-04-12/act-1997-028#GS103@Gs2@EN) is amended as follows:\n> \n> > > (a) by inserting \"family meeting or\" after \"attends a\";\n> > \n> > > (b) by inserting \"meeting or\" after \"at the\".","sortOrder":48},{"sectionNumber":"40.","sectionType":"section","heading":null,"content":"### 40.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":49},{"sectionNumber":"41.","sectionType":"section","heading":null,"content":"### 41.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":50},{"sectionNumber":"42.","sectionType":"section","heading":null,"content":"### 42.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":51},{"sectionNumber":"43.","sectionType":"section","heading":null,"content":"### 43.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":52},{"sectionNumber":"44.","sectionType":"section","heading":null,"content":"### 44.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Repeal of Act","content":"### 45 Repeal of Act\n\n> This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.","sortOrder":54}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of amending the Children, Young Persons and Their Families Act 1997. While it introduces substantial new processes (family meetings) and modifies existing mechanisms, these changes are within the scope of child protection and family support. The amendments do not expand into unrelated policy areas."},"complexity_factors":["Extensive cross-referencing to the Principal Act (Children, Young Persons and Their Families Act 1997) requiring readers to flip between documents","Multiple commencement statuses — some provisions marked \"Never commenced\" creating uncertainty about what is actually law","Nested conditional logic in family meeting provisions (sections 29C-29G) with multiple layers of \"despite\" subsections creating exceptions to exceptions","12 distinct categories of optional invitees to family meetings (section 29C(8)) with additional conditions attached","Dual pathways for family meetings (voluntary under 29A(1) vs mandatory under 29A(2)) with different purposes and procedures","Complex time period calculations for voluntary care agreements with tiered structures based on disability/special circumstances vs standard cases","Integration of multiple external statutes (Family Violence Act 2004, Justices Act 1959, Education Act 1994, etc.) through cross-references","Self-repealing mechanism (section 45) that triggers 365 days after full commencement, creating temporal complexity"],"plain_english_summary":"This law makes changes to Tasmania's child protection system. It does three main things:\n\n**1. Creates a new process called \"family meetings\"**\n- These are informal gatherings where a child's family, support people, and government officials can discuss how best to protect a child who is at risk\n- A trained facilitator runs the meeting and decides who should attend (including the child, parents, extended family, teachers, counsellors, and Aboriginal community representatives if relevant)\n- The meeting produces written recommendations for the child's care, which the government can approve or reject\n- What happens in these meetings is confidential — it can't be published or used as evidence in court (except to prove whether a decision was made)\n\n**2. Changes voluntary care agreements**\n- When parents temporarily can't care for their child, they can make a voluntary agreement with the government to take over care\n- The law sets clearer time limits: usually 3 months initially, extendable to a maximum of 6 months total\n- For children with disabilities or special circumstances, longer periods apply: 6 months initially, up to 18 months total\n- The government can't make these agreements if they suspect the child is at risk for reasons beyond the parents' temporary inability to care for them\n\n**3. Updates care and protection orders**\n- Courts can now make \"supervision orders\" (a new type of order where the government monitors the child while they remain with family)\n- Removes the previous 12-month limit on some orders, letting courts set whatever period is in the child's best interests\n- Requires courts to check that family meetings or conferences have happened before making orders (unless delay would harm the child)\n- Courts must now consider whether all reasonable steps were taken to keep the child at home before removing them\n\n**Who it affects:** Families involved with Tasmania's child protection system, children at risk, foster carers, government child protection workers, and the courts.\n\n**Why it matters:** It gives families more say in decisions about their children's care through the new family meeting process, while also tightening rules to ensure children aren't left in unsafe situations for too long."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act expands the Principal Act by adding family meetings as a formal administrative mechanism (Division 1AA, ss29A–29I) and by making such meetings a recognized step in care decisions and reviews (amendments to ss42, 44, 53). It also alters short-term voluntary care agreement durations and renewal rules (s11 amendments), thereby broadening administrative decision-making powers and confidentiality protections beyond the prior family‑group conference framework."},"complexity_factors":["Inserts a new procedural regime (Division 1AA, ss29A–29I) with detailed steps for convening, conducting and recording meetings.","Grants broad administrative discretion to the Secretary and facilitators (s29A, s29C, s29G) about when meetings are convened and who is invited.","Interacts with multiple existing statutes and orders (Justices Act 1959, Family Violence Act 2004, Family Law Act 1975) limiting invitations and attendance (s29C(5), (9)).","Creates evidence and information-access exceptions: statements at meetings are generally inadmissible; written meeting records are excluded from Right to Information (s29H(1)–(4)).","Amends court-related tests and powers, making meetings a precondition or alternative to court action in some cases (amendments to ss42, 44, 53).","Modifies time limits and renewal rules for voluntary care agreements, introducing variable initial and extension periods tied to Secretary discretion (s11 amendments).","Several amendments are conditional on commencement proclamations and some clauses are marked as never commenced, increasing implementation uncertainty.","Penalty exposure for prohibited publication (s29H(1)) and admissibility exceptions create compliance and evidentiary risk for participants and advisers."],"plain_english_summary":"This Act adds a formal process called “family meetings” where a Department-appointed facilitator convenes family and other invited persons to make written recommendations about a child’s care and protection. The Secretary may approve those arrangements, reconvene the meeting or proceed to court; discussion at meetings is confidential and generally inadmissible (family‑meeting rules and confidentiality). The measure gives the Secretary and facilitators discretion over who is invited and how meetings run, and adjusts short-term voluntary care agreement lengths, shifting some decision-making from immediate court action to administratively managed meetings."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the scope of this amendment diverged from its original intent. The document as supplied contains only status and metadata information, with no amendment provisions visible for analysis."},"complexity_factors":["Amendment Act format — requires reading alongside the parent Act to understand full effect","Child protection law involves intersecting rights of children, parents, and the state","The provided text is largely metadata and status information with no substantive amendment content visible, making full analysis impossible","Child protection legislation typically involves complex procedural and evidentiary rules","Tasmanian-specific statutory framework may differ from other Australian jurisdictions"],"plain_english_summary":"The Act amends Tasmania’s Children, Young Persons and Their Families Act to change how the state handles child welfare, protection and family support. It alters processes and powers around investigations, care arrangements and the roles of parents, carers and child safety workers.\n\nIt affects children and families in the child protection system, foster and out‑of‑home carers, child safety staff and courts — potentially changing when and how the state intervenes and what supports or rights people have."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/children-young-persons-and-their-families-amendment-act-2013","history":"/api/acts/children-young-persons-and-their-families-amendment-act-2013/history","analysis":"/api/acts/children-young-persons-and-their-families-amendment-act-2013/analysis","conflicts":"/api/acts/children-young-persons-and-their-families-amendment-act-2013/conflicts","importantCases":"/api/acts/children-young-persons-and-their-families-amendment-act-2013/important-cases","documents":"/api/acts/children-young-persons-and-their-families-amendment-act-2013/documents"}}