Children, Young Persons and Their Families Amendment Act 2013

The Amendment Act introduces and weaves the notion of a "family meeting" into the child protection statutory architecture. Key concepts and definitions that structure the scheme are:

• Family meeting (s 3 definition; ss 29A-29I): A family meeting is a process convened under s 29A or s 53. Its statutory purpose differs when convened proactively under s 29A(1) (to make recommendations to secure care and protection and to review arrangements) and when convened under s 29A(2) as required by s 53 (to review arrangements implemented under a care and protection order) (s 29B).

• Facilitator (ss 29C, 29D, ss 87-88 amendments): The Secretary must assign a facilitator to convene and facilitate the meeting (s 29C(1)). Facilitators have duties to consult with the child, immediate family, and, in the case of an Aboriginal child, an appropriate recognised Aboriginal organisation as to invitations, time/place, advocacy representation, agenda and procedure (s 29C(3)(a)). The facilitator fixes time and place, issues notice (s 29C(3)(b)-(c)), invites mandatory and discretionary participants (s 29C(4) and (8)), and may exclude persons where their attendance would result in contravention of specified court orders (s 29C(5)). The facilitator must conduct the meeting informally, may adjourn it, and must finalise recommendations in writing signed by the facilitator and concurring attendees (s 29E, 29F).

• Secretary's role and discretion (ss 29A, 29G, s 11 amendments): The Secretary has an initiating and gatekeeping role. The Secretary may convene a family meeting if of the opinion the child is at risk and that a meeting is appropriate (s 29A(1)). The Secretary must cause a meeting if required under s 53 (s 29A(2)). On receipt of a family meeting decision or report, the Secretary may approve recommended arrangements, reconvene the meeting, or take action under Division 1 or 2 in the Principal Act (s 29G(1)-(2)). In voluntary care agreements (s 11(1A)-(4)), the Secretary participates as gatekeeper, constrained from entering agreements where risk arises for other reasons or where guardians cannot be expected to change behaviour (s 11(3)).

• Confidentiality and admissibility (s 29H): The Act establishes a strict confidentiality regime. Publication of meeting decisions, reports, or anything said or done at the meeting is prohibited (s 29H(1)) with a specified criminal penalty; oral statements at meetings are inadmissible in proceedings (s 29H(2)); the Right to Information Act 2009 does not apply to meeting reports and decisions (s 29H(4)). The limited statutory exception under s 29H(3) allows the written record of the decision, or the facilitator's written report on a failure to reach decision, to be used in Division 2 proceedings to show whether a decision was made.

• Interaction with court orders and other statutory protections (s 29C(5), s 42 amendments): The facilitator must consider existing court orders when inviting participants, and must not invite persons where attendance could result in contravention of restraint orders (Justices Act 1959), family violence orders (Family Violence Act 2004), Family Law Act orders (Part VII), or other court orders (s 29C(5)). The care and protection order provisions (s 42) are amended to require a family meeting or family group conference to have been held before the Secretary applies for an order, unless immediate court action is in the child's best interests (s 42(2), (6)(d)).

• Time-limited voluntary care agreements and caps (s 11 as amended): The new subsection (1A) in s 11 allows the Secretary and guardians, acting together, to enter a temporary arrangement where the Secretary has care and custody for an initial period defined in the Act (initial periods: 6 months for special needs/special circumstances; otherwise 3 months), and a one-time extension up to the extension period (extension periods: 12 months for special needs/special circumstances; otherwise 3 months) (s 11(1) definitions). Subsection (4) sets overall caps on how long a care agreement can operate in total (18 months for the special-needs or special-circumstances path; 3 months in other cases) (s 11(4)).

• Exclusions and limits: The new Division excludes use where a member of immediate family cannot, after reasonable inquiry, be located (s 29I). The Act also contains a temporal limit on itself (s 45), repealing the Act 365 days after all provisions commence.

These concepts create a hybrid administrative/participatory mechanism: an informal, facilitated meeting that produces a written decision or report, which has constrained evidentiary use, and which the Secretary may take into account in deciding whether to approve arrangements or to proceed to formal court remedies. The scheme creates procedural prerequisites and alternatives to court processes, places documentation obligations on facilitators and the Department, and places statutory confidentiality and access limits around the meeting material.

The statute names and implicates a set of actors in defined roles and identifies several categories of affected persons and institutions:

• The child in respect of whom a family meeting is convened (s 29A, 29B, 29C(4)(a), 29F(1)(b)(i)). The Act requires the facilitator to consult the child about invitations and the procedure and, where the child is capable, to include the child in decisions and signatures (s 29C(3)(a), 29F(1)(b)(i)). The child may also be excluded from attendance if it would not be in the child’s best interests or the child is unable to understand proceedings (s 29C(6)-(7)).

• Guardians (parents or existing guardians): Guardians are mandatory invitees (s 29C(4)(b)) and are recipients of copies of decisions and reports (s 29F(3)(b)(iii)). Guardians participate in voluntary care agreements (s 11(1A)), and the Secretary must consider their views before a care and protection order is made (s 42(6)(b)).

• The Secretary and Department employees: The Secretary holds principal operational control , may convene meetings (s 29A(1)), must convene meetings where required by s 53 (s 29A(2)), assigns facilitators (s 29C(1)), may approve recommended arrangements or act under Divisions 1 or 2 after receipt of meeting decisions/reports (s 29G(1)), and participates in time-limited voluntary care agreements with guardians (s 11(1A)). Department employees authorised by the Secretary may present reports at the meeting (s 29C(4)(d)). The Secretary must provide written notice of decisions to the facilitator and invitees (s 29G(3)).

• Facilitators: Appointed by the Secretary and required to perform consultative, convening, invitation, procedural and reporting duties (ss 29C-29F), and to sign decisions. Section 87 and 88 amendments expand facilitator functions and guidelines to cover family meetings explicitly.

• Advocates: The facilitator consults on whether the child should be represented by an advocate (s 29C(3)(a)(iii)); a child's advocate, if appointed, may sign decisions (s 29F(1)(b)(ii)).

• Extended family, community and service providers: The facilitator must invite immediate family, and may invite extended family, persons with close associations, counsellors, health practitioners involved in the child's assessment, and, where the child is Aboriginal, a person nominated by a recognised Aboriginal organisation (s 29C(4), (8)(a)-(f), (e)). Where education is a concern, persons nominated by the Head of Agency responsible for the Education Act, school principals, or TasTAFE may be invited (s 29C(8)(g)-(k)).

• Recognised Aboriginal organisations: The Act requires consultation with an appropriate recognised Aboriginal organisation in the case of an Aboriginal child regarding invitations, time/place and procedure (s 29C(3)(a)) and allows an Aboriginal organisation to nominate a person to be invited (s 29C(8)(e)).

• Schools, TasTAFE and education agencies: The facilitator may invite nominated persons from schools, the Head of Agency, or TasTAFE to the meeting when education concerns exist (s 29C(8)(g)-(k)).

• Health Service Establishments: The definition of "information-sharing entity" is expanded to include persons conducting an establishment under the Health Service Establishments Act 2006 (s 3 amendment), which imports health providers into the information-sharing ecosystem that informs family meetings and other processes.

• Courts and legal participants: Family meetings interface with court processes. The Secretary may apply for a care and protection order where a family meeting or family group conference has been held, or where it is in the child's best interests to make an application without delay (s 42(2)). The Court’s power to make a care and protection order is subject to consultation and suitability thresholds that include whether a family meeting has been held (s 42(6)). The evidence and publication regimes (s 29H) will affect litigants and counsel because oral statements at family meetings are inadmissible and publication is restricted.

• Media, researchers and the public: The publication ban (s 29H(1)) and the statutory exclusion of family meeting reports and written records of decisions from the Right to Information Act (s 29H(4)) directly constrain external access to meeting material, affecting media coverage, research access and public scrutiny.

• Persons subject to court orders or restraints: The facilitator must not invite a person whose attendance could result in contravention of restraint orders under the Justices Act 1959, family violence orders (Family Violence Act 2004), Family Law Act Part VII orders, or any other court order (s 29C(5)). Those who hold such orders therefore affect who can attend family meetings.

Who pays and who decides: The departmental budget (Secretary) bears the cost of assigning facilitators, convening meetings, preparing reports and administering the confidentiality regime; facilitators and the Secretary have significant decision-making discretion. Private costs fall on guardians, extended family and invited professionals in terms of time, travel, and participation. Schools, health services and other public agencies may need to allocate staff time when invited. The statutory exclusion from RTI reduces administrative transparency costs for the Department but increases information asymmetry for external actors.

The Amendment Act creates procedural duties, documentation duties, confidentiality obligations and decision points for public officials and private participants. These can be grouped by actor.

Duties of the Secretary and Department

• Convene family meetings in specified circumstances (s 29A(1)) and must convene when required under s 53 (s 29A(2)).
• Assign a facilitator for any family meeting (s 29C(1)) and may consult with the child and immediate family in making that appointment (s 29C(2)).
• After receiving a family meeting decision or facilitator’s report, the Secretary must either approve the recommended arrangements, reconvene the meeting, or take action under Division 1 or 2 (s 29G(1)-(2)). The Secretary must provide written notice of the decision to the facilitator and relevant persons (s 29G(3)).
• In voluntary care agreements, the Secretary may enter into an agreement with guardians but is prohibited from entering into such an agreement where the child is at risk for reasons other than guardians being temporarily unable to care or where guardians cannot or will not change behaviour to remove the risk (s 11(1A), s 11(3)).

Duties of the facilitator

• Consult with the child, the child's immediate family and (for Aboriginal children) an appropriate recognised Aboriginal organisation about invitations, time/place, advocacy representation, agenda and procedure (s 29C(3)(a)).
• Fix time and place and issue notices to invitees (s 29C(3)(b)-(c)).
• Invite a prescribed set of persons: the child, immediate family, persons agreed during consultation, an authorised Department employee to present a report, and, where required by a care and protection order, persons specified in the order (s 29C(4)).
• May invite extended family, professionals and education nominees (s 29C(8)); must take into account relevant restraint or other court orders when inviting persons (s 29C(9)).
• Conduct the meeting informally and, if appropriate, adjourn (s 29E(2)-(3)).
• Ensure recommendations are reduced to writing and signed by the facilitator and concurring attendees before declaring the meeting ended (s 29F(1)-(2)).
• Prepare a written report if the meeting fails to reach a decision containing a summary of proposals and the facilitator's reasons (s 29F(3)(a)) and distribute the decision or report to a specified list (s 29F(3)(b)).

Duties and limits relating to participants

• Mandatory participants must be invited and are recipients of the decision/report (s 29C(4), s 29F(3)(b)). The facilitator may exclude a child or guardian from invitation or attendance where attendance would not be in the child's best interests or the child is unable to participate (s 29C(6)-(7)).
• Persons invited by the facilitator must observe statutory confidentiality; publication of meeting content is an offence with the prescribed penalty (s 29H(1)). There is a duty of confidentiality per s 103 as amended to include family meetings.

Rights and evidentiary rules

• Individuals have no statutory right to publish decisions or reports of family meetings (s 29H(1)-(4)). Materials used in family meetings are excluded from access under the Right to Information Act (s 29H(4)).
• Oral statements at a family meeting are inadmissible in any proceedings (s 29H(2)). The written record of a meeting decision or the facilitator’s written report on failure to reach decision is admissible in Division 2 proceedings only for the limited purpose of establishing whether a decision was or was not made (s 29H(3)).

Rights and limits relating to voluntary care agreements

• Guardians acting together with the Secretary may place a child in the Secretary’s care for initial and limited extension periods under s 11(1A). The Act specifies the initial and extension period durations (s 11(1) definitions) and prohibits a care agreement where other risks are present or the guardians cannot change their behaviour (s 11(3)). Extensions are capped so the total period does not exceed prescribed maxima (s 11(4)).

Court-related duties

• Courts may have regard to prescribed matters (s 42(4A)) when making orders under s 42(4)(g). The Court may not make a care and protection order unless it is satisfied that the views of the child and parents have been duly considered and that specified suitability steps have been taken, and that either a family meeting or family group conference has been held or it is in the best interests of the child for the order to be made without delay (s 42(6)). The Secretary’s right to apply for care and protection orders is conditional on a family meeting or the Secretary forming the view immediate application is necessary (s 42(2)).

Documentation and notification duties

• The facilitator must reduce recommendations to a written decision signed by required persons (s 29F(1)-(2)); the facilitator must distribute decisions/reports to an enumerated set of recipients (s 29F(3)). The Secretary must give written notice of decisions on receiving meeting material (s 29G(3)).

Administrative exclusions

• The Division does not apply where a member of immediate family cannot be located after reasonable inquiry (s 29I).

These duties create a structured participatory process with mandatory documentation and notification duties, confidentiality obligations backed by criminal sanction, and overlapping decision nodes for the Secretary, facilitator and, to a limited extent, the Court.

The Amendment Act establishes a narrow but significant criminalised sanction and otherwise relies on administrative enforcement mechanisms embedded in the Department’s roles and court oversight.

Criminal penalty for publication (s 29H(1))

• The single explicit penal provision is s 29H(1). It makes it an offence, except as permitted by the Act, to publish in any manner:
  • a decision of a family meeting;
  • any report relating to a family meeting; or
  • anything said or done at a family meeting.
• The penalty attached is a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 18 months, or both. The Act does not delineate which agency prosecutes the offence; criminal enforcement will proceed under the relevant criminal process applicable to the jurisdiction that administers this Principal Act.

Admissibility bar as evidential control (s 29H(2)-(3))

• Section 29H(2) establishes that evidence of anything said at a family meeting is not admissible in any proceedings. This is a substantive evidentiary bar rather than a criminal sanction. It operates to keep oral communications at family meetings out of court and tribunal proceedings.
• Section 29H(3) creates a tightly drawn exception: the written record of the decision of a family meeting, or the facilitator’s written report after a failure to reach decision, is admissible in proceedings under Division 2 for the limited purpose of establishing whether a decision was or was not made. The text confines admissibility to that limited purpose and to proceedings under Division 2 of the Principal Act; it does not open broader admissibility for substantive content.

Administrative enforcement by the Secretary and facilitator

• Much of the Act’s operation is enforced administratively. The Secretary is empowered to approve family meeting recommendations, reconvene meetings, or take action under Division 1 or 2 (s 29G(1)). Facilitators must comply with the procedural requirements and produce written decisions/reports and distribute them (s 29F). Non-compliance by the Department, facilitator or Secretary would be remediable by administrative oversight channels and judicial review (ordinary administrative law remedies) rather than by the Act’s penal provision, which is limited to publication.

Interaction with other court orders and enforcement of non-attendance

• Section 29C(5) requires facilitators to avoid inviting persons whose attendance could contravene existing court orders (restraint orders, family violence orders, Family Law Act orders, or any other court order). This provision relies on existing enforcement mechanisms for those orders (police, courts) to prevent contraventions. The facilitator’s duty is preventive and discretionary.

Information-access enforcement

• Section 29H(4) excludes family meeting reports and written decisions from the Right to Information Act 2009. That exclusion enforces confidentiality by making such material exempt from access under the RTI framework; enforcement for improper release through administrative channels or RTI processes will be governed by the RTI Act's mechanisms and the statutory exclusion.

Practical enforcement issues and gaps

• The Act prescribes a criminal penalty for publication but does not specify prosecutorial pathways, guidelines on interpretation of "publish", or evidentiary thresholds for proving an offence. The broad phrasing "publish in any manner" suggests it captures media and informal publication methods. The Act does not specify defences beyond "except as allowed by this Act" and does not list permitted publications (for example, there is no express carve-out for aggregated statistical reporting, nor for disclosure to legal advisers), so interpretation will be necessary in enforcement.

• The predominance of administrative mechanisms means Departmental policies, facilitator training, record-keeping and internal review processes will be central to practical enforcement of the family meeting scheme.

In short, criminal enforcement in the Amendment Act is narrow and focused on publication; most operational enforcement is administrative and rests with the Secretary, the facilitator role and continued court oversight under the Principal Act.

The Amendment Act explicitly cross-references multiple existing statutes and creates interactions that affect access to information, evidence law, family law orders, criminal sanctions and education/health agency involvement.

Family Law and domestic violence orders (s 29C(5))

• Section 29C(5) requires facilitators to refrain from inviting any person whose attendance could result in contravention of:
  • restraint orders under the Justices Act 1959;
  • family violence orders, interim family violence orders or police family violence orders under the Family Violence Act 2004;
  • orders under Part VII of the Family Law Act 1975 of the Commonwealth; or
  • any other court order.
• This provision embeds the family meeting process within the existing protective order landscape; it treats those orders as limiting attendance and gives facilitators a duty to consider them. It therefore interacts operationally with criminal and family court processes enforcing such orders.

Right to Information Act 2009 (s 29H(4))

• Section 29H(4) expressly excludes family meeting reports, written records of decisions and facilitators’ written reports from the Right to Information Act 2009. This creates an express statutory bar to access under the RTI regime and reduces administrative disclosure obligations that would otherwise apply. The effect is to curtail public access and limit external oversight via RTI channels.

Evidence and procedural law (s 29H(2)-(3))

• By making anything said at a family meeting inadmissible in any proceedings (s 29H(2)), the Amendment Act shapes evidentiary rights in judicial and tribunal contexts. The written decision/report exception under s 29H(3) permits only limited use in Division 2 proceedings to establish whether a decision was or was not made. This creates a specific statutory evidentiary rule that may displace common-law admissibility rules in respect of family meetings.

Health Service Establishments Act 2006 and information-sharing (s 3 amendment)

• The amendment to the definition of "information-sharing entity" inserts a health-service related actor: "a person conducting an establishment, within the meaning of the Health Service Establishments Act 2006". This broadens the group permitted to share information for purposes of the Principal Act, and therefore operationally integrates public health entities into the information flows that will inform family meetings and Department decisions.

Education and training statutes (s 29C(8)(g)-(k))

• The facilitator may invite persons nominated by Heads of Agency under the Education Act 1994, school principals, the Head of Agency responsible for the Tasmanian Academy, or TasTAFE in relation to education concerns (s 29C(8)(g)-(k)). This cross-references the Education Act 1994, Education and Training (Tasmanian Academy) Act 2008 and the Training and Workforce Development Act 2013 and requires those agencies and institutions to engage with family meetings at the request of the facilitator.

Family Law Act 1975 (Part VII)

• Section 29C(5)(c) treats Family Law Act Part VII orders as a class of court order that may restrict attendance at family meetings. This links federal family law injunctions, parenting orders and similar orders with the State/Territory child protection scheme by way of attendance constraints.

Criminal and civil enforcement frameworks

• The publication penalty under s 29H(1) is a criminal sanction that will be enforced through the ordinary criminal prosecution and sentencing framework in the jurisdiction. The Act itself does not create a distinct enforcement body; therefore criminal enforcement will interact with general prosecutorial discretion and court processes.

Administrative law and judicial review

• The Secretary’s discretion to convene family meetings, assign facilitators, approve or reject recommended arrangements, and to decide whether to proceed to court involves administrative decision-making that is subject to the usual judicial review principles (procedural fairness, reasonableness, legality), even though the Act contains specific procedural steps. The Act does not displace judicial review; it creates statutory duties and discretionary powers that administrative law remedies could test.

Principal Act divisions and court processes

• The family meeting processes are explicitly linked to Division 1 and Division 2 actions within the Principal Act (see s 29G(1)(b)(ii), s 29H(3)). The family meeting documents are given a limited role in Division 2 proceedings. Where the Secretary elects to take action under Division 1 or 2 following a meeting, the statutory pathway is supplied by the Principal Act and its existing procedural framework.

Overall, the Amendment Act integrates family meetings into an existing statutory and administrative ecosystem: it imports health and education agencies into information-sharing and participation, defers to protective orders from various statutes when determining attendance, constrains public access under the RTI regime, creates a statutory evidentiary shield, and leaves ordinary enforcement (criminal and judicial review) mechanisms operational to police illegal publication and to test administrative decisions.

The Amendment Act is presented as the Children, Young Persons and Their Families Amendment Act 2013. The text includes multiple notes indicating incorporation of amendments into the authorised version of the Children, Young Persons and Their Families Act 1997; that is, the Act operates by altering the Principal Act. The immediate textual markers in the provided material show the legislative change points and administrative notes as follows:

• Short title and commencement: s 1 provides the short title; s 2 records that the Act's provisions commence on days to be proclaimed (s 2). The Act therefore requires proclamation for commencement.

• Definitions and consequential amendments: Section 4 amends s 3 of the Principal Act to remove the "advisory panel" definition, to insert "family group" into the family group conference definition, to add a "family meeting" definition describing family meeting as one convened under s 29A or s 53, and to add a cross-reference for "supervision order" to s 42A; it also amends the definition of "information-sharing entity" to include persons conducting Health Service Establishments (s 4). Multiple notes (s 5 and s 6) state that these amendments have been incorporated into the authorised version of the Principal Act.

• Voluntary care agreement amendments: Section 7 replaces s 11 to create the statutory architecture for initial and extension periods for voluntary care agreements (s 11(1) definitions; s 11(1A)-(4)). Subsequent notes (s 8-10) state incorporation into the authorised version.

• Insertion of Division 1AA (Family meetings): Section 11 inserts Division 1AA comprising ss 29A-29I into Part 5 before Division 1. The text of ss 29A-29I in full appears in the Amendment Act. Notes (s 12-16) state these amendments have been incorporated into the authorised version.

• Care and protection order amendments (s 42): Section 17 amends s 42 with multiple changes including making a family meeting or family group conference a precondition in s 42(2)(a) (subject to exception), changes to court order categories, removal of fixed 12-month period limits in favour of "period," expansion of membership options for orders to include the Secretary plus one or two others (s 42(4)(c)(iii)), insertion of s 42(4A) allowing courts to regard prescribed matters, and replacement of s 42(6) to require that the Court be satisfied views have been considered and specified suitability criteria met and that a family meeting or family group conference has been held unless immediate order is necessary (s 42(6)(d)). The text flags some of these lines with "Commences: Never commenced" in places; nevertheless s 18 notes incorporation into the authorised version.

• Extension of care and protection orders: Section 19 amends s 44 to permit the Court to extend orders for such period as it considers appropriate in the child's best interests (s 44(2) replacement) and to insert "family meeting or" into s 44(1)(a). Notes (s 20-23) indicate incorporation.

• Review of arrangements (s 53): Section 24 inserts "family meeting or" into the ways in which the arrangements for care and protection of a child may be reviewed (s 53 amended). Numerous subsequent notes (s 25-35) state incorporation.

• Facilitator functions and guidelines (s 87, 88): Sections 36 and 37 insert references to family meetings into s 87(a) and s 88(1) respectively; notes (s 38) note incorporation.

• Confidentiality duty (s 103): Section 39 amends s 103(2) to add family meetings to the duty to maintain confidentiality; notes (s 40-44) note incorporation.

• Repeal clause: Section 45 provides that the Amendment Act is repealed on the 365th day after all its provisions commence. No note claims further incorporation here.

The legislative text contains editorial markers that some provisions are annotated "Commences: Never commenced" for particular lines in the printed amendments; these annotations indicate that certain sub-components were not brought into force in the source's administrative record. However, multiple subsequent notes across sections assert that the amendments have been incorporated into the authorised version of the Principal Act. The net effect in the source materials is that the family meeting Division and the associated amendments have been drafted, and the legislative text documents that the amendments have been folded into the consolidated Principal Act as enacted. The commencement clause (s 2) remains operative: the Act required proclamation for parts or all to commence. Section 45 imposes a statutory sunset tied to commencement.

Readers should treat the Act's incorporation notes and the "Commences: Never commenced" markings as signalling that the operational status of particular amendments may depend on proclamation history and consolidation practice; the text provided records both the amendments and administrative notes of incorporation into the authorised version.

The provided Amendment Act text contains no judicial decisions, case citations, or litigation record relating to the Amendment Act or its provisions. The statute itself does not list any cases, and no judgments, appeals, or administrative tribunal decisions are embedded in the material supplied.

What the text does establish that could generate litigation or review are statutory features that commonly prompt dispute:

• Discretionary acts by the Secretary (e.g. whether to convene a family meeting under s 29A(1), whether arrangements recommended are "suitable" under s 29G(1)(a), or whether to proceed to court under s 42(2)(b) where the Secretary considers immediate action is in the child's best interests). Discretionary administrative decisions of this kind are generally susceptible to judicial review on grounds such as legality, reasonableness and procedural fairness, though no case law is supplied in the text.

• The exclusion of oral statements from admissibility (s 29H(2)) and the exclusion of meeting records from Right to Information access (s 29H(4)) may give rise to legal challenges over the scope of "publication", the interplay with open justice principles and the proper construction of statutory evidentiary exceptions, particularly where parties seek to rely on meeting content in court or where media seek access. The text provides no guidance on the interpretation of "publish in any manner".

• The composition and signature requirements for family meeting decisions (s 29F(1)-(2)) might be contested where there is dispute about whether the required persons who concurred signed the decision, or where the facilitator’s report contains determinations of fact that influence subsequent Department or court action. The statutory admissibility rule (s 29H(3)) narrows the evidential role of those documents in Division 2 proceedings, but the documents may yet be material in other contexts; the text provided does not elaborate.

• The voluntary care agreement gatekeeping provisions (s 11(3)-(4)) could generate disputes over whether reasonable grounds exist to suspect risks exist for reasons other than guardians' temporary inability, and over the scope of the Secretary’s assessment of whether guardians can or will change behaviour to remove risk.

Because the text contains no reported cases, practitioners must rely on general administrative law and evidence principles in the jurisdiction and monitor for subsequent judicial interpretation of these provisions. The Act’s amendments create several points of legal uncertainty that would be fertile for litigation or judicial clarification once the provisions are in operational use: the scope of Secretary discretion, the limits of the publication/information-access restrictions, and the interface between family meeting records and court processes.

A number of specific textual features can produce material blind spots or operational risks for practitioners, agencies and participants. These are concrete statutory "gotchas" grounded in the text.

1. Publication ban is broad and criminalised (s 29H(1))

• The prohibition on publishing "a decision of a family meeting", "any report relating to a family meeting" or "anything said or done at a family meeting" is widely expressed and carries a criminal penalty of up to 50 penalty units or 18 months imprisonment, or both. The Act does not define "publish" or specify permitted disclosures (for example to legal advisers, other agencies or for anonymised statistical reporting). This creates uncertainty about permissible communications and potential chilling effects on participants and professionals.

2. RTI exclusion (s 29H(4))

• Family meeting decisions and reports are excluded from the Right to Information Act 2009. This limits transparency and prevents third-party access via RTI channels. The combination of RTI exclusion plus criminalised publication narrows external oversight and public scrutiny.

3. Oral inadmissibility, narrow written exception (ss 29H(2)-(3))

• Anything said at a family meeting is inadmissible in any proceedings. The only express admissibility is the written record of a decision or a facilitator's written report following failure to reach a decision, and that only in Division 2 proceedings for the limited purpose of establishing whether a decision was or was not made. That means substantive content of discussions is, by statute, largely unavailable in court, which will affect litigants’ ability to rely on or contest factual assertions made during meetings. Practitioners must plan evidence strategies accordingly.

4. Facilitator discretion to exclude child or guardian (s 29C(6)-(7))

• The facilitator may decide not to invite the child or guardians if attendance would not be in the child’s best interests or if the child cannot participate. That discretion will be operational in many cases and could prompt challenges if parents/guardians claim procedural exclusion without adequate explanation.

5. Secretary discretion to convene and to take action (ss 29A, 29G)

• The Secretary's power to convene a family meeting is based on opinion that the child is at risk and that a meeting is appropriate (s 29A(1)). That subjective threshold is unspecified and may produce inconsistent application. Likewise, the Secretary's power under s 29G to approve arrangements, reconvene or take other action is open-ended and operationally central.

6. Voluntary care agreement caps and gatekeeping (s 11)

• New s 11(1A) allows short voluntary care agreements but places limits: initial period definitions, extension periods, and s 11(4) caps (18 months for special-needs cases; 3 months otherwise). The Secretary is disallowed from entering agreements where the child is at risk for reasons beyond guardians’ temporary inability or where guardians cannot/will not change behaviour (s 11(3)). Practically, short statutory caps combined with the Secretary’s gatekeeping mean that voluntary care may be time-limited and subject to administrative refusal.

7. Temporal repeal of the Act (s 45)

• The Amendment Act contains a self-destruct clause: it is repealed on the 365th day from the day on which all provisions commence. If the provisions are proclaimed into force, the Act will expire one year after full commencement. This raises the risk that a short statutory lifespan was intended (a pilot or transitional scheme) or that further legislative action is required to make the changes permanent. Practitioners should verify whether the repeal has occurred or whether consequential legislation extended or re-enacted the provisions.

8. "Commences: Never commenced" annotations

• Sections of the amendment text are annotated in places with "Commences: Never commenced". Those editorial notes in the supplied material indicate that parts of the amendments were not proclaimed into force at particular times. This complicates assessments of legal effect. Users must confirm current commencement status for each amendment in the consolidated Principal Act rather than assume uniform operation.

9. Narrow admissibility in only Division 2 proceedings (s 29H(3))

• The written decision or facilitator’s report is admissible only in Division 2 proceedings for the narrow purpose of establishing that a decision was or was not made. If a matter proceeds in a different forum or a party seeks to rely on the content substantively, the documentation will not serve that purpose under the text as provided.

10. Cross-jurisdiction and inter-agency friction

• The facilitator's duty to avoid contravening Family Law Act orders (federal) and state/territory protective orders requires the facilitator to identify and reconcile potentially conflicting orders or obligations. Practically, this may stall meetings if status of orders is contested or not easily ascertainable.

These statutory features create legal and operational risk points for Departments, facilitators, guardians, invited agencies and legal advisers. Concrete remedies require attention to departmental policy, facilitator training, strict recordkeeping and advance advice to invited bodies on confidentiality, permissible communications and evidence strategy.

This section sets out pragmatic, source-grounded compliance steps for the Department (Secretary), facilitators, invited agencies (schools, health services, TasTAFE), guardians, advocates and external actors such as media and legal practitioners. Compliance tasks follow directly from statutory obligations in ss 29A-29I, s 11 and the related amendments.

For the Secretary and Department

• Establish procedural policies and operational guidance implementing the statutory duties in ss 29A-29G, including:
  • a written protocol for assessing whether the Secretary should cause a family meeting to be convened under s 29A(1) (document criteria used to form the opinion that the child is at risk and that a meeting is appropriate);
  • a formal process for assigning facilitators (s 29C(1)) that records any consultation with the child and immediate family (s 29C(2));
  • administrative checklists to ensure the facilitator’s consultative duties (s 29C(3)(a)) are completed and recorded, including engagement with a recognised Aboriginal organisation for Aboriginal children (s 29C(3)(a));
  • a notice template and distribution list to comply with s 29C(3)(c) and s 29F(3)(b).
• Ensure legal and policy advice is available on when the Secretary may bypass a family meeting and apply for a care and protection order without delay under s 42(2)(b) and the Court’s s 42(6)(d) threshold; document reasons for bypass decisions.
• Prepare template written decisions and reports that meet the content requirements of s 29F(2) (attendee list, time/place, recommendations where convened under s 29A(1)) and ensure a process for the facilitator to sign and distribute them swiftly (s 29F(1)-(3)).
• Implement a secure records and access regime for family meeting documents, consistent with s 29H(4) (RTI exclusion) and with confidentiality duties (s 103(2) as amended). Limit access on a need-to-know basis.
• Provide training and guidance for Department employees who may be authorised to present a report at a family meeting (s 29C(4)(d)).
• Maintain a process for reconvening family meetings or escalating to Division 1 or 2 action as provided in s 29G(1)(b)(i)-(ii), and a process for issuing the required written notice to relevant persons (s 29G(3)).

For facilitators

• Document and follow the statutory consultative steps in s 29C(3)(a), including records of who was consulted and why particular invitees were selected.
• Use the statutory invitation lists (s 29C(4)) and discretionary invitee categories (s 29C(8)) as a checklist. Obtain and record any nominations required under s 29C(8)(g)-(k) from education agencies where education concerns exist.
• Verify whether any restraint orders, family violence orders, Family Law Act orders or other court orders apply to prospective invitees and exclude persons whose attendance would contravene such orders (s 29C(5)). Keep records of the checks undertaken.
• Assess whether the child or guardian should be excused from attendance for best-interests reasons or incapacity to participate (s 29C(6)-(7)), and document the reasons for exclusion.
• Conduct the meeting informally (s 29E(2)), but ensure written minutes/decisions meet the s 29F signature and content requirements before declaring the meeting ended. Where a decision is not reached, prepare the facilitator’s written report as required by s 29F(3)(a).
• Distribute the written decision or report promptly to the list in s 29F(3)(b)(i)-(vi). Retain secure copies in departmental files for audit and to enable the Secretary to act under s 29G.

For guardians, parents and immediate family

• Expect to be invited under s 29C(4) and to receive a copy of the meeting notice (s 29C(3)(c)) and of any decision/report (s 29F(3)(b)(iii)). Understand that if you concur with the recommendations you will be expected to sign the written decision (s 29F(1)(b)(iii)).
• Be aware that statements made during the meeting are not admissible in court (s 29H(2)), and publication of meeting content is a criminal offence (s 29H(1)). Consult legal advisers before disclosing meeting content externally.

For schools, education agencies, TasTAFE and health services

• Where nominated, respond promptly to facilitator invitations (s 29C(8)(g)-(k), (f)) and designate appropriate persons to attend. Ensure their attendance is recorded and that any information-sharing complies with existing confidentiality and health records law. Note the expanded information-sharing definition in s 3 that brings Health Service Establishments into the information-sharing entity category.

For advocates and legal advisers

• Prepare to advise clients that oral statements at family meetings are inadmissible in proceedings (s 29H(2)); plan alternative evidence strategies if a legal dispute is anticipated. Make arrangements for written submissions outside the meeting or to ensure that written decisions contain the necessary factual foundations permissible for use in Division 2 proceedings under s 29H(3).
• Counsel clients on the publication ban (s 29H(1)) and the limited RTI access (s 29H(4)). Where disclosure is necessary to advance a client’s legal position, seek legal mechanisms other than publication of meeting content.

For media and researchers

• Treat family meeting decisions, reports and anything said or done at the meeting as off-limits for publication under s 29H(1) unless a clear statutory exception applies. The RTI exemption (s 29H(4)) also closes an administrative route to obtain meeting records.
• Seek alternative information sources such as public court records where s 29G leads to court action, or anonymised, aggregated statistics published by the Department, if made available outside the family meeting context.

Record-keeping, training and audit

• Departments and facilitators should adopt secure digital record-keeping for meeting notices, consultation notes, attendee lists, signed decisions and facilitator reports. Train facilitators on:
  • how to document consultations and exclusions under s 29C;
  • the signatures required under s 29F;
  • the confidentiality obligations under s 103(2) and the criminal risks of publication under s 29H(1).

Addressing the temporal and commencement issues

• Because the Act commences by proclamation (s 2) and contains a repeal clause of 365 days after full commencement (s 45), agencies must maintain a calendar of commencement dates and the repeal trigger to ensure continuity of administrative processes or to prepare for legislative expiry. Confirm whether all provisions have been proclaimed and whether any subsequent legislation has extended or made permanent the amendments.

In all steps, contemporaneous documentation of decisions and reasons is essential. The statutory scheme emphasises recorded decisions and reports over oral records, so practitioners should ensure the written materials the Act permits or requires are prepared, signed and distributed in accordance with ss 29F and 29G, and that confidentiality controls are in place to avoid the publication offence in s 29H(1).