Children, Young Persons and Their Families Act 1997
32Convening family group conference
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32 Convening family group conference
(1) If a family group conference is to be held, the Secretary must consult with the child and the child's immediate family in relation to the assignment of a facilitator.
(2) After consulting with the child and the child's immediate family, the Secretary must assign a facilitator to convene and facilitate the family group conference.
(3) Except where the facilitator is satisfied that the child is mature enough to make, and has made, an independent decision to waive his or her right to be represented by a suitable person at the family group conference, the facilitator must ensure that a person whom the facilitator considers suitable is representing the child as his or her advocate.
(4) The facilitator –
(a) must consult with the child, the child's guardians and, in the case of an Aboriginal child, with an appropriate recognised Aboriginal organisation as to who should be invited to attend the family group conference and the time and place of the meeting; and
(b) must fix a time and place for the family group conference; and
(c) must issue a notice specifying the time and place of the family group conference.
(5) If reasonably practicable, the time fixed for a family group conference must be within 3 weeks after the Secretary has determined that the conference is to be held.
(6) The facilitator must invite the following persons to attend the family group conference and provide each of them with a copy of the notice issued under subsection (4)(c) :
(a) the child;
(b) the guardians of the child;
(c) the child's advocate, if one has been appointed;
(d) an employee of the Department authorised by the Secretary, either generally or in respect of that child, to present a report into the child's circumstances to the conference;
(e) if the conference is convened as a result of an order of the Court, any person whom the order specifies is to be invited.
(7) Despite subsection (6) , the facilitator is not required to invite any person specified in that subsection to the family group conference if the attendance of that person at the conference could result in the contravention of a restraint order made under the or any other order of a court.