(1) The Secretary may cause a family meeting to be convened in respect of a child if the Secretary is of the opinion that –
(a) the child is at risk; and
(b) that a family meeting is appropriate in the circumstances.
(2) The Secretary must cause a family meeting to be convened if the Secretary is required under section 53 to convene a family meeting.
29B.Purpose of family meeting
(1) The purpose of a family meeting convened under section 29A(1) is to provide an opportunity for a child's family and other persons attending the meeting –
(a) to make informed recommendations as to the arrangements for best securing the care and protection of the child; or
(b) to review those arrangements and make further recommendations in respect of the arrangements from time to time.
(2) The purpose of a family meeting convened under section 29A(2) 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.
29C.Convening family meeting
(1) If a family meeting is to be held, the Secretary must assign a facilitator to convene and facilitate the family meeting.
(2) In assigning a facilitator, the Secretary may consult with the child and the child's immediate family.
(3) The facilitator –
Section 11 - Children, Young Persons and Their Families Amendment Act 2013 - Part 5, Division 1AA inserted | Zoe
(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 –
(i) who should be invited to attend the family meeting; and
(ii) the time and place of the meeting; and
(iii) whether or not any person, including the child, should be permitted to be represented by an advocate at the meeting; and
(iv) the meeting's agenda and the procedure to be followed at the meeting; and
(b) must fix a time and place for the family meeting; and
(c) must issue a notice specifying the time and place of the family meeting.
(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) :
(a) the child;
(b) the immediate family of the child;
(c) the other persons who, during the consultation referred to in subsection (3)(a) , it is agreed are to be invited to attend;
(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;
(e) if the meeting is convened as required by section 53(a) , any person who the care and protection order specifies is to be invited.
(5) Despite subsection (4) , 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 –
(6) Despite subsection (4)(a) and (b) , 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.
(7) Despite subsection (4)(a) , 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.
(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) :
(a) members of the child's extended family whom the child or the child's guardians have requested the facilitator to invite;
(b) other members of the child's extended family that the facilitator considers should attend;
(c) any other person who has had a close association with the child and that the facilitator considers should attend;
(d) any person who has been counselling, advising or aiding the child or the child's guardians and that the facilitator considers should attend;
(e) if the child is an Aboriginal child, a person nominated by a recognised Aboriginal organisation;
(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;
(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 ;
(h) if there are concerns about the child's education and the child receives home education, within the meaning of the Education Act 1994 , a person nominated by the Minister administering that Act;
(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 , a person nominated by the principal of the school;
(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 , a person nominated by the Head of Agency of the responsible Department in relation to that Act;
(k) if there are concerns about the child's education and the child attends TasTAFE created by the Training and Workforce Development Act 2013 , a person nominated by TasTAFE;
(l) any other person the facilitator considers should attend.
(9) In determining whether a person is to be invited or not to be invited to a family meeting under subsection (8) , the facilitator must take into account any relevant restraint order made under the Justices Act 1959 or any other relevant order of a court.
29D.Constitution of and attendance at family meeting
A family meeting consists of –
(a) the facilitator; and
(b) those persons who attend the meeting in response to the invitation of the facilitator.
29E.Procedure at family meeting
(1) The procedure to be followed at a family meeting is the procedure agreed during the consultation referred to in section 29C(3)(a) or as agreed by the family meeting.
(2) The facilitator is to conduct a family meeting in an informal manner.
(3) If the facilitator considers it appropriate, the facilitator may adjourn the family meeting from time to time and from place to place.
29F.Finalising family meeting
(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 –
(a) the facilitator; and
(b) each of the following persons who are attending the meeting and concur in the decision:
(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;
(ii) the child's advocate, if one is appointed;
(iii) the child's guardians, if present.
(2) The decision of the family meeting must include the following information:
(a) the names of the persons who attended the family meeting;
(b) details of the time and place at which the meeting was held;
(c) if the meeting was convened under section 29A(1) , recommendations for the review of the arrangements for securing the care and protection of the child.
(3) As soon as practicable after a family meeting ends, the facilitator must do the following:
(a) if the family meeting failed to reach a decision, prepare a written report stating that fact and containing –
(i) a summary of any proposals for recommendations discussed at the meeting; and
(ii) the reasons, in the facilitator's opinion, for that failure to reach a decision;
(b) for all family meetings, provide a copy of the decision of the family meeting or the report referred to in paragraph (a) to –
(i) the Secretary; and
(ii) the child; and
(iii) each guardian of the child; and
(iv) any other person involved in implementing the arrangements for securing the care and protection of the child recommended in the decision; and
(v) each person who attended the meeting; and
(vi) any other person the facilitator considers appropriate.
29G.Action by Secretary after family meeting
(1) On receipt of the decision of a family meeting convened under section 29A(1) , the Secretary may –
(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
(b) if the Secretary does not consider those arrangements suitable –
(i) reconvene the family meeting for the purpose of reconsidering those arrangements and recommending other or further arrangements; or
(ii) take action under Division 1 or 2 in relation to the child.
(2) On receipt of the report as to the failure of a family meeting to reach a decision, the Secretary may –
(a) reconvene the family meeting for the purpose of reaching a decision recommending arrangements for securing the care and protection of the child; or
(b) take action under Division 1 or 2 in relation to the child.
(3) The Secretary must provide notice, in writing, of his or her decision under subsection (1) or (2) to the facilitator and –
(a) to –
(i) the child; and
(ii) each guardian of the child; and
(iii) any other person involved in implementing the arrangements for securing the care and protection of the child recommended in the decision; and
(iv) each person who attended the meeting; and
(v) any other person the facilitator considers appropriate; or
(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 or 2 in relation to the child; or
(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.
29H.Publication of discussion at, and reports on, family meeting
(1) Except as allowed by this Act, a person must not publish in any manner –
(a) a decision of a family meeting; or
(b) any report relating to a family meeting; or
(c) anything said or done at a family meeting.
Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 18 months, or both.
(2) Evidence of anything said at a family meeting is not admissible in any proceedings.
(3) Despite subsection (2) , 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 for the purpose of establishing that a decision was or was not made.