{"id":"tas:act-1998-001","name":"Magistrates Court (Children's Division) Act 1998","slug":"magistrates-court-children-s-division-act-1998","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"1 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176969,"registerId":"tas-tas:act-1998-001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Magistrates Court (Children's Division) Act 1998](/view/html/inforce/2026-04-12/act-1998-001) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1998-001) commences.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Aboriginal child*** has the same meaning as in the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) ;\n> \n> > ***Aboriginal organisation*** means a recognised Aboriginal organisation within the meaning of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) ;\n> \n> > ***Administrator*** means the Administrator appointed under [section 16 of the](/view/html/inforce/2026-04-12/act-1987-045#GS16@EN) [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> \n> > ***advocate*** means –\n> > \n> > > > (a) a legal practitioner; and\n> > > \n> > > > (b) a person granted leave by the Court to represent a party;\n> \n> > ***Chief Magistrate*** means the Chief Magistrate appointed under [section 5 of the](/view/html/inforce/2026-04-12/act-1987-045#GS5@EN) [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> \n> > ***child*** means a person under 18 years of age;\n> \n> > ***Court*** means the Magistrates Court (Children's Division);\n> \n> > ***district registrar*** means a district registrar appointed under [section 16A of the](/view/html/inforce/2026-04-12/act-1987-045#GS16A@EN) [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> \n> > ***family***, in relation to a child, has the same meaning as in the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) ;\n> \n> > ***guardian*** means –\n> > \n> > > > (a) a parent of a child; and\n> > > \n> > > > (b) a person who is the legal guardian of a child; and\n> > > \n> > > > (c) a person who has the legal custody of a child; and\n> > > \n> > > > (d) any other person who generally acts in the place of a parent of a child and has done so for a significant length of time;\n> \n> > [*\\[Section 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja57@GC1@EN) ***legal practitioner*** means an Australian legal practitioner;\n> \n> > ***Magistrates Court*** means the Magistrates Court of Tasmania established by the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> \n> > ***process*** means any document required to be filed, issued, given or served under this Act;\n> \n> > ***restraint order*** means –\n> > \n> > > > (a) a restraint order under [section 106B of the](/view/html/inforce/2026-04-12/act-1959-077#GS106B@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ; and\n> > > \n> > > > (b) an interim restraint order under [section 106D](/view/html/inforce/2026-04-12/act-1959-077#GS106D@EN) of that Act;\n> \n> > [*\\[Section 3 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja15@GC1@EN) ***special witness*** means a person declared to be a special witness under [section 8 of the](/view/html/inforce/2026-04-12/act-2001-079#GS8@EN) [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment of Children's Division of Magistrates Court","content":"# Part 2 Establishment of Children's Division of Magistrates Court","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Children's Division of Magistrates Court","content":"### 4 Establishment of Children's Division of Magistrates Court\n\n> There is established a division of the Magistrates Court to be known as the Magistrates Court (Children's Division).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Composition of Court","content":"### 5 Composition of Court\n\n> The Magistrates Court (Children's Division) is constituted by a magistrate.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Jurisdiction of Court","content":"### 6 Jurisdiction of Court\n\n> The Magistrates Court (Children's Division) –\n> \n> > > (a) has jurisdiction to hear and determine all matters arising from and under the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) ; and\n> > \n> > > (b) has the jurisdiction conferred on it by the [Adoption Act 1988](/view/html/inforce/2026-04-12/act-1988-041) ; and\n> > \n> > > (c) has any other jurisdiction conferred on it by any other Act.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Duty of Court","content":"# Part 3 Duty of Court","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Duty of Court","content":"### 7 Duty of Court\n\n> The Court has a duty, as far as practicable –\n> \n> > > (a) to ensure that parties to proceedings before the Court understand the nature and purpose of the proceedings; and\n> > \n> > > (b) to respect the cultural identity of a child to whom proceedings before the Court relate; and\n> > \n> > > (c) to consider the opinion of a child to whom proceedings before the Court relate if the Court considers the child able –\n> > > \n> > > > > (i) to understand the proceedings and their consequences; and\n> > > > \n> > > > > (ii) to form a rational opinion.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Procedure of Court","content":"# Part 4 Procedure of Court","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Arrangement of sittings","content":"## Division 1 Arrangement of sittings","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Time and place of sittings","content":"### 8 Time and place of sittings\n\n> The Court may sit at any time, including a Sunday.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Separation of proceedings","content":"### 9 Separation of proceedings\n\n> The hearing of a matter before the Court must be held in a room in which the business of another court, or another division of the Magistrates Court, is not being conducted.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Adjournment from time to time and place to place","content":"### 10 Adjournment from time to time and place to place\n\n> The Court may –\n> \n> > > (a) adjourn proceedings from time to time and from place to place; or\n> > \n> > > (b) adjourn proceedings to a time and place to be fixed; or\n> > \n> > > (c) order the transfer of proceedings from place to place.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Confidentiality of proceedings","content":"## Division 2 Confidentiality of proceedings","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Persons who may be present in Court","content":"### 11 Persons who may be present in Court\n\n> > (1)  Only the following persons may be present at a sitting of the Court:\n> > \n> > > > (a) the child to whom the proceeding relates;\n> > > \n> > > > (b) the parents, other adult members of the child's family and guardians of the child;\n> > > \n> > > > (c) parties to the proceedings and their advocates;\n> > > \n> > > > (d) [*\\[Section 11 Subsection (1) amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja15@GC2@Hpa@EN) a person approved under [section 4](/view/html/inforce/2026-04-12/act-2001-079#GS4@EN) or [section 8(2)(b)(i) of the](/view/html/inforce/2026-04-12/act-2001-079#GS8@Gs2@Hpb@Hqi@EN) [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) while the child or special witness whom the person is supporting remains in the Court;\n> > > \n> > > > (e) a witness while giving evidence or permitted by the Court to remain in the Court;\n> > > \n> > > > (f) an employee of the Department, within the meaning of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) ;\n> > > \n> > > > (g) if the child is an Aboriginal child, a representative of an Aboriginal organisation;\n> > > \n> > > > (h) officers of the Court;\n> > > \n> > > > (i) a person engaged in professional study relevant to the operation of the Court or research, if the Court permits him or her to be present;\n> > > \n> > > > (j) a person who, in the Court's opinion, will assist the Court;\n> > > \n> > > > (k) if the proceedings relate to the making, variation or revocation of a restraint order, parties to those proceedings and any person for whose benefit, or against whom, the restraint order is sought or made;\n> > > \n> > > > (l) any other person if the Court considers that the interests of justice require that person's presence;\n> > > \n> > > > (m) an infant or young child who is in the care of an adult present at the sitting.\n> \n> > (2)  [*\\[Section 11 Subsection (2) amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja15@GC2@Hpb@EN) Subject to [sections 4](/view/html/inforce/2026-04-12/act-2001-079#GS4@EN) and [section 8 of the](/view/html/inforce/2026-04-12/act-2001-079#GS8@EN) [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) , the Court may exclude a person referred to in [subsection (1)](#GS11@Gs1@EN) from the Court if it considers it necessary to do so in the interests of justice.\n> \n> > (3)  This section does not apply to proceedings in the Court on an application made under the [Adoption Act 1988](/view/html/inforce/2026-04-12/act-1988-041) .","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Restrictions on reporting proceedings","content":"### 12 Restrictions on reporting proceedings\n\n> > (1)  A person must not publish in any way a report of the proceedings of the Court if the report identifies, or contains any information, picture or film that may lead to the identification of, a child who is the subject of, a party to or a witness in the proceedings except where –\n> > \n> > > > (a) permission to publish the identity, information, picture or film has been granted under [subsection (2)](#GS12@Gs2@EN) ; and\n> > > \n> > > > (b) the identity, information, picture or film is published in accordance with any conditions specified in respect of the permission.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 2 years, or both.\n> \n> > (2)  The Court may grant a person permission to publish an identity, information, picture or film subject to any conditions specified by the Court.\n> \n> > (3)  The Court may prohibit the publication of any report of its proceedings.\n> \n> > (4)  A person must not publish in any way a report of the proceedings of the Court if the Court prohibits publication of any report of the proceedings.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 2 years, or both.\n> \n> > (5)  This section does not apply to proceedings in the Court on an application made under the [Adoption Act 1988](/view/html/inforce/2026-04-12/act-1988-041) .","sortOrder":17},{"sectionNumber":"Division 3","sectionType":"division","heading":"Evidence and procedural matters","content":"## Division 3 Evidence and procedural matters","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Evidence","content":"### 13 Evidence\n\n> > (1)  In any proceedings before the Court, the Court is bound by the rules of evidence except where the Court determines otherwise.\n> \n> > (2)  The Court may determine that it is not bound by the rules of evidence in any proceedings before it if it is satisfied that it would not be in the best interests of the child to be bound by those rules.\n> \n> > (3)  In proceedings where the Court is not bound by the rules of evidence, the Court may inform itself in any way it considers appropriate.\n> \n> > (4)  A fact to be proved in proceedings before the Court is sufficiently proved if proved on the balance of probabilities.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Right to representation","content":"### 14 Right to representation\n\n> > (1)  A party to proceedings before the Court may conduct his or her case and examine and cross-examine witnesses by –\n> > \n> > > > (a) himself or herself; or\n> > > \n> > > > (b) a legal practitioner; or\n> > > \n> > > > (c) another advocate approved by the Court.\n> \n> > (2)  A person who is not a legal practitioner is not entitled to have or recover any money or other reward for appearing or acting on behalf of any other person in the Court.\n> \n> > (3)  [*\\[Section 14 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja57@GC2@EN) This section has effect subject to the [Legal Profession Act 2007](/view/html/inforce/2026-04-12/act-2007-024) .","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Court orders for separate representation of child","content":"### 15 Court orders for separate representation of child\n\n> > (1)  The Court must not proceed to hear a matter unless –\n> > \n> > > > (a) the child is represented in the proceedings by a legal practitioner; or\n> > > \n> > > > (b) the Court is satisfied that the child has made an informed and independent decision not to be so represented.\n> \n> > (2)  [Subsection (1)](#GS15@Gs1@EN) does not apply if the Court is of the opinion that it is in the best interests of the child to proceed with the hearing in the absence of the child's representative.\n> \n> > (3)  In proceedings under this Act, if –\n> > \n> > > > (a) the child is not represented by a legal practitioner; and\n> > > \n> > > > (b) the Court is not satisfied that the child has made an informed and independent decision not to be so represented –\n> > \n> > the Court may make such orders as it considers necessary or appropriate to secure legal representation for the child and any orders it could make on adjournment of those proceedings were the child represented by a legal practitioner.\n> \n> > (4)  In any proceedings before the Court, whether or not the child is represented by a legal practitioner, if it appears to the Court that the child ought to be separately represented, the Court may –\n> > \n> > > > (a) order that the child is to be separately represented; and\n> > > \n> > > > (b) make such other orders as it considers necessary or appropriate to secure that separate representation.\n> \n> > (5)  The Court may make an order under this section –\n> > \n> > > > (a) on its own initiative; or\n> > > \n> > > > (b) on the application of –\n> > > > \n> > > > > > (i) the child; or\n> > > > > \n> > > > > > (ii) the Secretary; or\n> > > > > \n> > > > > > (iii) a guardian of the child; or\n> > > > > \n> > > > > > (iv) any other person.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Requiring attendance of witness or production of document","content":"### 16 Requiring attendance of witness or production of document\n\n> > (1)  The Court may, on the application of a party to proceedings or on its own initiative, issue a summons.\n> \n> > (2)  A summons may do one or more of the following:\n> > \n> > > > (a) require a person to appear before the Court at a specified time and place;\n> > > \n> > > > (b) require a person to give evidence;\n> > > \n> > > > (c) require a person to produce a document;\n> > > \n> > > > (d) bring a child before the Court at a specified time and place.\n> \n> > (3)  A summons requiring the production of a document may, instead of providing for production of the material before the Court, provide for production of the document to an officer of the Court nominated in the summons.\n> \n> > (4)  A person must not, without reasonable excuse, fail or refuse to comply with a summons.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (5)  The Court may issue a warrant to have a person arrested and brought before the Court if –\n> > \n> > > > (a) the person fails or refuses to comply with a summons without reasonable excuse; or\n> > > \n> > > > (b) there are grounds for believing that, if a summons were issued, the person would fail or refuse to comply with it without reasonable excuse.\n> \n> > (6)  The Court may issue a warrant to have a child taken into the safe custody of the Secretary and brought before the Court as soon as practicable if –\n> > \n> > > > (a) a person fails or refuses to comply with a summons to bring the child before the Court without reasonable excuse; or\n> > > \n> > > > (b) there are grounds for believing that, if such a summons were issued, the person would fail or refuse to comply with it without reasonable excuse.\n> \n> > (7)  A person served with a summons requiring his or her appearance before the Court may, at any reasonable time before the time he or she is required to appear, apply for an advance of a reasonable sum towards the costs and expenses of appearing as required.\n> \n> > (8)  An application under [subsection (7)](#GS16@Gs7@EN) is to be made to –\n> > \n> > > > (a) the party responsible for the issue of the summons; or\n> > > \n> > > > (b) the Court if it issued the summons on its own initiative.\n> \n> > (9)  On receipt of an application under [subsection (7)](#GS16@Gs7@EN) , the party or Court is to –\n> > \n> > > > (a) advance the reasonable sum; or\n> > > \n> > > > (b) provide the applicant with tickets or vouchers enabling him or her to travel to and from the attendance at the Court; or\n> > > \n> > > > (c) arrange for the transportation of the applicant to and from the attendance at the Court.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Compelling the giving of evidence","content":"### 17 Compelling the giving of evidence\n\n> A person who is called to give evidence or to produce a document before the Court must not –\n> \n> > > (a) refuse or fail to make an oath or affirmation when required to do so by the Court; or\n> > \n> > > (b) refuse or fail to give evidence on a subject on which that person is compellable to give evidence; or\n> > \n> > > (c) refuse or fail, without reasonable excuse, to produce a document that the person is required by the Court to produce.\n> \n> Penalty:  Fine not exceeding 20 penalty units.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Production of persons held in custody","content":"### 18 Production of persons held in custody\n\n> If the Court requires the attendance before it of any person who is held in custody in the State, the Court may issue a warrant authorising the person who has lawful custody of that person to bring that person before the Court.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Reservation of question of law","content":"### 19 Reservation of question of law\n\n> > (1)  The Court may reserve any question of law arising in proceedings for determination by the Supreme Court.\n> \n> > (2)  The Supreme Court may determine the question reserved and give any consequential orders or directions that may be appropriate in the circumstances of the case.","sortOrder":25},{"sectionNumber":"Part 5","sectionType":"part","heading":"Appeals","content":"# Part 5 Appeals","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Appeals","content":"### 20 Appeals\n\n> > (1)  A party to proceedings in the Court may appeal to the Supreme Court against any order made in the proceedings.\n> \n> > (2)  On the appeal, the Supreme Court may exercise any one or more of the following powers:\n> > \n> > > > (a) it may confirm, vary or quash the order and, if the Supreme Court thinks the interests of justice so require, it may vary or quash any other order made in the same proceedings;\n> > > \n> > > > (b) it may remit the matter for hearing or further hearing;\n> > > \n> > > > (c) it may make any other order (including an order for costs) that may be necessary or desirable in the circumstances.\n> \n> > (3)  At the hearing of an appeal –\n> > \n> > > > (a) [sections 11](#GS11@EN) and [12](#GS12@EN) apply as if the appeal were proceedings before the Court; and\n> > > \n> > > > (b) the Supreme Court is to proceed as if the appeal were a notice of motion under [section 107 of the](/view/html/inforce/2026-04-12/act-9999-999#) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1998-001) .","sortOrder":27},{"sectionNumber":"Part 6","sectionType":"part","heading":"Administration","content":"# Part 6 Administration","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Duties of district registrar","content":"### 21 Duties of district registrar\n\n> Each district registrar must –\n> \n> > > (a) file, sign and issue all process, and register all orders of the Court made, within the district; and\n> > \n> > > (b) keep an account of all proceedings of the Court within the district; and\n> > \n> > > (c) keep accounts of all money paid into or out of the Court within the district.","sortOrder":29},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Evidentiary provisions","content":"### 22 Evidentiary provisions\n\n> > (1)  A document required by this Act to be kept by an officer of the Court is admissible in any court as evidence of the matters referred to by the entries in the document.\n> \n> > (2)  A document purporting to be a copy of an entry referred to in [subsection (1)](#GS22@Gs1@EN) and purporting to be signed and certified as a true copy by a district registrar is admissible as evidence of that entry under [subsection (1)](#GS22@Gs1@EN) .\n> \n> > (3)  A document referred to in [subsection (1)](#GS22@Gs1@EN) or a document purporting to be a copy as referred to in [subsection (2)](#GS22@Gs2@EN) is, until the contrary is shown and without further proof, evidence of the proceedings to which the entry relates and of the regularity of those proceedings.","sortOrder":31},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n[*\\[Section 23 Repealed by No. 6 of 2003, s. 33, Applied:01 Jul 2003\\]*](/view/html/inforce/2003-07-01/act-2003-006#GS33@EN)","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Regulations","content":"### 24 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may authorise any matter to be from time to time determined, applied or regulated by the Chief Magistrate or the Administrator.\n> \n> > (3)  The regulations may contain provisions of a savings or transitional nature consequent on the commencement of this Act.\n> \n> > (4)  A provision referred to in [subsection (3)](#GS24@Gs3@EN) may take effect on and from the day on which this Act commences or a later day.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Administration of Act","content":"### 25 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the Department responsible to that Minister in relation to the administration of this Act is the Department of Justice.","sortOrder":34}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained substantively unchanged since 31 December 2008, suggesting no significant scope expansion or contraction from its original 1998 purpose of establishing a dedicated children's division within the Tasmanian Magistrates Court. However, without access to the full legislative text and amendment history, this assessment is necessarily limited."},"complexity_factors":["Insufficient legislative text provided — only metadata and status information is available, preventing assessment of the actual provisions","Jurisdictionally specific to Tasmania, requiring knowledge of Tasmania's broader court structure","Intersects with multiple areas of law including child welfare, criminal procedure, and family law","Long-standing legislation (1998) that may interact with subsequent amendments not visible in this excerpt","The nature of children's court legislation typically involves layered procedural rules and protections that add moderate complexity"],"plain_english_summary":"This Act creates a specialised Children's Division within the Magistrates Court of Tasmania to deal with matters involving children and young people. It affects young people, their parents/guardians, legal practitioners, court staff and child welfare agencies by providing an age‑appropriate, sensitive forum for juvenile cases. The published version here is unchanged since 31 December 2008."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original, narrow purpose: establishing a specialised children’s division of the Magistrates Court and setting procedure for child-related matters (s 4–6). Amendments visible in the text update definitions and add procedural protections (for example, clearer representation rules (s 14–15), confidentiality and publication penalties (s 12), and links to specialist evidence provisions (s 11, s 13)). Those changes refine and reinforce the Act’s child-centred procedures but do not expand the Act’s subject-matter scope beyond its original aim of creating and regulating a children’s court division. The principal expansion is procedural detail and strengthened protections rather than a substantive broadening of jurisdiction or purposes."},"complexity_factors":["Short statute but multiple substantive cross-references to other Acts (Children, Young Persons and Their Families Act 1997; Magistrates Court Act 1987; Evidence (Children and Special Witnesses) Act 2001; Justices Act 1959; Adoption Act 1988)","Approximately 20 defined terms in s 3 (Aboriginal child, Aboriginal organisation, Administrator, advocate, Chief Magistrate, child, Court, district registrar, family, guardian, legal practitioner, Magistrates Court, process, restraint order, special witness, etc.)","Discretion-heavy provisions (s 11 exclusion powers; s 12 publication prohibition and Court discretion; s 13 power to depart from evidence rules)","Nested procedural rules and exceptions: e.g. representation rules in s 14–15 with exceptions when child elects not to be represented and when Court may order representation","Penalties and enforcement scattered across provisions (s 12 penalties up to 100 penalty units or 2 years imprisonment; s 16 and s 17 lower fines)","Delegation and regulatory authority allowing operational detail to be supplied by regulations or Chief Magistrate/Administrator (s 24)","Appeal mechanism that imports confidentiality and other procedural rules into Supreme Court hearings (s 20(3))"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a specialised division of the Magistrates Court called the \"Magistrates Court (Children's Division)\" (s 4–5). A magistrate constitutes the Court (s 5).\n- Gives the Children’s Division jurisdiction over matters under the Children, Young Persons and Their Families Act 1997, certain adoption matters and any other jurisdiction conferred by other Acts (s 6).\n- Imposes a duty on the Court to help parties understand proceedings, to respect a child’s cultural identity, and to consider a child’s opinion where the child is capable of understanding and forming a rational view (s 7).\n- Sets basic procedural rules: the Court may sit at any time and in different places (s 8, 10); hearings must be separate from other court business (s 9); only specified people may be present at hearings, subject to exclusion powers (s 11).\n- Creates strict confidentiality and reporting limits: it is an offence to publish material identifying a child connected to Court proceedings unless the Court permits it, with penalties (s 12). The Court can prohibit publication outright (s 12(3)–(4)).\n- Allows the Court to be flexible about evidence: it is bound by ordinary rules of evidence unless the Court decides otherwise for the child’s best interests, and when not bound may inform itself as it thinks fit; facts may be proved on the balance of probabilities (s 13).\n- Prescribes rights to representation: parties may represent themselves or use a legal practitioner or an approved advocate; the Court must ensure a child has legal representation unless the child has made an informed decision not to have one (s 14–15).\n- Gives the Court summons and warrant powers, including to require attendance/production of documents and to have a child brought into safe custody if needed (s 16, 18). It includes modest penalties for failure to comply (s 16(4), s 17).\n- Allows the Court to reserve questions of law to the Supreme Court and provides an appeal route to the Supreme Court with ordinary appellate powers (s 19–20).\n- Sets administrative duties for district registrars to file, register and keep accounts of Court business (s 21) and makes Court records admissible in evidence (s 22).\n- Enables regulations and delegates some operational matters to the Chief Magistrate or Administrator (s 24). The administration of the Act is assigned to the Minister for Justice and Department of Justice until otherwise arranged (s 25).\n\n**Who is affected**\n\n- Children who are the subject of proceedings under the Children, Young Persons and Their Families Act 1997 and related Acts (s 3, s 6).\n- Parents, guardians and family members involved in those proceedings (s 11).\n- Legal practitioners, approved advocates and Court staff who participate or administer proceedings (s 3, s 14, s 21).\n- Media and others who might publish reports: publication identifying children without Court permission is criminalised (s 12).\n- Government agencies and the Department of Justice (administration, custody and transport powers, s 16(6), s 25).\n\n**Why it matters (stated purpose and operational effects)**\n\n- The Act creates a specialist forum for child-related matters, concentrating judicial expertise and specific procedural rules adapted to children (s 4–6).\n- It stresses child-centred procedural duties (informing parties, cultural respect, hearing the child where capable) (s 7). Those duties aim to tailor decision-making to the child's circumstances.\n- Confidentiality and reporting limits protect child identity in public reporting of proceedings, backed by criminal penalties (s 12).\n- Procedural flexibility (power to depart from formal evidence rules, s 13) is intended to allow the Court to conduct hearings in ways that serve the child’s interests, but it shifts decision-making discretion to the magistrate.\n\n**Practical consequences, incentives and trade-offs**\n\n- Who pays and who decides: public bodies (the Court system and Department of Justice) run and fund the Court; the Court (magistrate) holds wide procedural discretion (s 13, s 11, s 15). Costs of representation fall on parties (or public legal assistance schemes where available); the Court can order measures to secure representation for a child (s 15(3)–(5)).\n- Behaviour changes prompted: media outlets will avoid identifying children unless they secure Court permission (s 12). Parties and agencies must observe confidentiality and follow Court orders for attendance and production of documents (s 12, s 16).\n- Compliance burden and administrative cost: district registrars must file and account for all process and orders (s 21); the Department may be required to transport children or execute warrants (s 16(6)).\n- Discretion and implementation risk: the Court’s broad discretion to depart from formal evidence rules and to exclude persons from hearings (s 13(2)–(3); s 11(2)) concentrates decision-making in the magistrate; this can speed and adapt hearings to children’s needs but increases reliance on judicial judgment and may raise appeal risk (s 20) or inconsistent outcomes across venues.\n- Substitution effects and trade-offs: relaxing evidence rules may lower formality and reduce delay, but it could make factual determinations more contestable on appeal (balance of probabilities standard and s 20 appellate powers).\n- Concentrated benefits and diffuse costs: the most direct, concentrated beneficiaries are children and families who receive specialist handling and confidentiality protections (s 7, s 12). Costs (administration, legal assistance, compliance by media) are borne more diffusely by public agencies, legal services and publishers.\n- Capture and rent-seeking risk: the Act gives the Court, Chief Magistrate and Administrator delegated rule-making authority (s 24). That delegation creates ordinary regulatory-design risks (operational choices by court managers) but the Act itself places no explicit commercial privileges or licences that would create concentrated rent-seeking.\n\n**Key sections to note when using or complying with the Act**\n\n- Jurisdiction and scope: s 6\n- Child-centred duties: s 7\n- Confidentiality and publication restrictions (with penalties): s 12\n- Evidence flexibility and proof standard: s 13\n- Representation requirements for children: s 15\n- Summonses, warrants and custody powers: s 16–18\n- Appeals to the Supreme Court: s 19–20\n- Administration and records: s 21–22\n- Delegation and operational regulation: s 24"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope. It was enacted in 1998 to establish a specialised children's division within the Magistrates Court of Tasmania, and the content provided shows it remains focused on that core purpose: court establishment, jurisdiction, procedure, confidentiality, and appeals. The amendments referenced (2001, 2007, 2003) appear to be technical updates (e.g., updating references to the Evidence (Children and Special Witnesses) Act 2001, updating legal practitioner definitions) rather than scope expansion. No evidence of significant mission creep beyond the original intent of creating a dedicated forum for children's matters."},"complexity_factors":["14 defined terms in the interpretation section, many of which reference other Acts (incorporation by reference)","Multiple cross-references to external legislation: Children, Young Persons and Their Families Act 1997; Magistrates Court Act 1987; Evidence (Children and Special Witnesses) Act 2001; Adoption Act 1988; Justices Act 1959; Legal Profession Act 2007","Nested conditional logic in section 15 (separate representation) with multiple exceptions and triggers","Section 11 contains a detailed 13-item list of who may attend court, with subsection (2) providing exclusion powers and subsection (3) creating a blanket exemption for adoption proceedings","Section 12 creates a complex prohibition structure with permission-granting powers, general prohibition powers, and specific exemptions","Amendment history embedded in text (e.g., \"[Section 3 Amended by No. 66 of 2007...]\") creates visual clutter though doesn't affect substantive complexity","Procedural provisions (Part 4) mix mandatory duties with discretionary powers in ways that require careful parsing"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special court division — the **Magistrates Court (Children's Division)** — in Tasmania to handle cases involving children. It sets up the rules for how this court operates, who can attend hearings, how evidence is handled, and how decisions can be appealed.\n\n**Who it affects:**\n\n- **Children under 18** who are involved in legal proceedings (especially under child protection and family laws)\n- **Parents, guardians, and family members** of those children\n- **Lawyers and advocates** representing parties\n- **Government child protection workers** (the \"Secretary\" and Department staff)\n- **Aboriginal organisations** (when an Aboriginal child is involved)\n- **The media** (strict limits on reporting)\n\n**Key things the law covers:**\n\n- **Establishment:** Creates a dedicated division of the Magistrates Court that deals specifically with children's matters, particularly cases under the *Children, Young Persons and Their Families Act 1997* (Tasmania's main child protection law) and adoption cases.\n\n- **Special duties:** The court must make sure everyone understands what's happening, respect the child's cultural background, and listen to the child's opinion if they're old enough to understand and form a view.\n\n- **Privacy protections:**\n  - Hearings are closed to the public — only specific people listed in the Act can attend (family, lawyers, support people, certain officials)\n  - It's a criminal offence (up to 2 years jail or a big fine) to publish anything that identifies a child involved in proceedings, unless the court gives permission\n\n- **Flexible evidence rules:** Normally courts follow strict evidence rules, but this court can ignore them if following them wouldn't be in the child's best interests. The court can also decide cases based on the \"balance of probabilities\" (more likely than not) rather than stricter criminal standards.\n\n- **Legal representation:** Children generally must have a lawyer, unless they've made an informed decision not to, or the court thinks it's better to proceed without one. The court can order separate representation for a child even if they already have a lawyer.\n\n- **Powers to compel attendance:** The court can issue summonses (legal orders) requiring people to attend, give evidence, or produce documents. It can issue arrest warrants if people don't comply, and can arrange for children to be brought to court safely.\n\n- **Appeals:** Parties can appeal decisions to the Supreme Court.\n\n**Why it matters:**\n\nThis law recognises that children need a different kind of court process than adults. It prioritises **confidentiality**, **child-friendly procedures**, and **the child's voice** while balancing the need for fair process. It aims to protect vulnerable children from the trauma of public exposure while ensuring their cases are heard properly."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-children-s-division-act-1998","history":"/api/acts/magistrates-court-children-s-division-act-1998/history","analysis":"/api/acts/magistrates-court-children-s-division-act-1998/analysis","conflicts":"/api/acts/magistrates-court-children-s-division-act-1998/conflicts","importantCases":"/api/acts/magistrates-court-children-s-division-act-1998/important-cases","documents":"/api/acts/magistrates-court-children-s-division-act-1998/documents"}}