What it does
The Children, Young Persons and Their Families Act 1997 (Tasmania) is the principal legislation governing child protection and the care of children at risk of harm in Tasmania. Its object, set out in section 7(1), is to provide for the care and protection of children in a manner that maximises a child's best interests, recognises that a child's family is the preferred environment for his or her care and upbringing, and recognises that the responsibility for protection rests primarily with the child's parents and family. The Act establishes a comprehensive framework for identifying children who are "at risk" (section 4), assessing their circumstances, and intervening through voluntary care agreements, family group conferences, and a range of court orders including assessment orders, interim orders, supervision orders, and care and protection orders. It creates mandatory reporting obligations for prescribed professionals (section 14) and a general responsibility for any adult to take steps to prevent abuse or neglect (section 13). The Act also provides for information sharing among specified entities (Part 5A), the establishment of Community-Based Intake Services (Part 5B), interstate transfer of child protection orders and proceedings (Part 8), and a suite of offences including failing to protect a child from harm (section 91), leaving a child unattended (section 92), and hindering officials (section 100). The Secretary of the Department has extensive powers to investigate, assess, and take children into custody, subject to court oversight. The Act is administered by the Minister for Community and Health Services until otherwise ordered (section 113).