Children, Young Persons and Their Families (Transitional and Savings Provisions) Act 1998
In ForceTAS
Jurisdiction
Tasmania
Act Number
3 of 1998
Collection
act
Plain English Summary
7/10 complexity
This Act provides transitional and savings rules to move decisions, orders, records, proceedings and staff from older child‑welfare, child‑protection and adoption laws into the new Children, Young Persons and Their Families framework. It abolishes legacy offices and boards, vests property, liabilities and ongoing orders in the Secretary or the Crown, and redirects existing court business to the Magistrates Court (Children’s Division). It affects children under state care, parents, officials, courts and service providers because existing legal steps continue but under different institutional actors.
This Act is a transitional and savings statute. Its purpose, expressed through its provisions, is to carry instruments, institutions, personnel, property, liabilities and ongoing proceedings across from a set of repealed Tasmanian Acts (principally the Child Welfare Act 1960, the Child Protection Act 1974 and the Adoption Act 1988) into the regime established by the Children, Young Persons and Their Families Act 1997 and related consequential legislation. Mechanically, the statute:
Abolishes certain offices and bodies created under the repealed Acts and revokes appointments, while mapping the legal effects of documents and orders made under the repealed Acts into corresponding constructs under the new Acts (see s 5; s 42; s 43; s 44; s 45; s 1-4 for commencement and definitions).
Treats continuing documents and orders as if they had been made under the successor legislation, with specific conversion rules (for example, references to Director are taken to be references to Secretary, and references to children’s courts are taken to be references to the Magistrates Court (Children’s Division), s 4(2), s 41(2), s 65(2)).
Transfers staff status and employment arrangements for child welfare officers to be subject to the Tasmanian State Service Act 1984 for the purposes of the new Act (s 6).
Vests property, bank accounts and liabilities previously held by the Director or Board in the Secretary or, where appropriate, in the child or the Crown, maintaining the same conditions (s 35; s 36; s 80; s 59(4)).
Re-allocates jurisdiction and venue for proceedings begun under the repealed legislation so they continue in designated courts (mostly the Magistrates Court (Children’s Division) or the Magistrates Court (Youth Justice Division), depending on the converted order), and prescribes which contemporary statutory provisions apply to those proceedings (for example s 8, s 11, s 21, s 49, s 51, s 52).
Current sections
Direct links to the current provisions in Children, Young Persons and Their Families (Transitional and Savings Provisions) Act 1998.
Director means the Director for Community Welfare appointed under section 6 of the repealed Act and holding that office immediately before the commencement day;
repealed Act means the Child Welfare Act 1960 as in force immediately before the commencement day;
Secretary means the Secretary of the Department.
(2) In this Part, unless the contrary intention appears, the following expressions have the same meaning as they had in the repealed Act immediately before the commencement day:
(c) a reference in the continuing document to an institution is taken to be a reference to a detention centre, within the meaning of the Youth Justice Act 1997 ; and
(e) such modifications and adaptations to the continuing document as are necessary to give effect to it and are appropriate in the circumstances are taken to have been made.
Division 2
Abolition of certain offices, &c.
Division 2 Abolition of certain offices, &c.
5
Abolition of office of Director
5 Abolition of office of Director
The appointment of the Director under the repealed Act is revoked.
Supervision order in respect of neglected child, &c.
14 Supervision order in respect of neglected child, &c.
(1) A supervision order under section 34(1)(b) of the repealed Act in force immediately before the commencement day has effect until the first of the following occurs:
(a) the term of the order, or the order as varied, expires;
(b) the period of 12 months commencing on the commencement day expires;
(c) the child reaches the age of 18 years.
(2) For the purpose of giving effect to an order referred to in subsection (1) on and after the commencement day –
(a) section 37 of the repealed Act continues to apply in respect of the order; and
(c) the Magistrates Court (Children’s Division) has jurisdiction to hear an application made under section 37 of the repealed Act.
15
Order declaring child to be ward of State
15 Order declaring child to be ward of State
An order declaring a child to be a ward of the State under section 23(1)(c) , 28(1)(b) or 34(1)(a) of the repealed Act in force immediately before the commencement day is taken to be a care and protection order under section 42(4)(d) of theChildren, Young Persons and Their Families Act 1997 placing the child under the guardianship of the Secretary until the child reaches the age of 18 years and has effect until the first of the following occurs:
compensation order means an order of a children's court or court of summary jurisdiction that –
(a) a person who has suffered loss or damage as a result of an offence committed by an offender as a child is to recover an amount of money due to that person from the offender or a sum of money by way of damages; or
(b) a person who has suffered injury, loss, destruction or damage as a result of an offence committed by an offender as a child is to be paid compensation by the offender for that injury, loss, destruction or damage.
(2) A compensation order in force immediately before the commencement day is taken to be a compensation order made by the Magistrates Court (Youth Justice Division) under section 98 of theYouth Justice Act 1997 .
19
Order granting custody to other parent
19 Order granting custody to other parent
An order under section 34(5) of the repealed Act granting custody to a parent of a child in force immediately before the commencement day is taken to be an order by the Magistrates Court (Children’s Division) made –
(b) if the order granted custody for a period exceeding 12 months, under section 42(4)(d) placing the child under the guardianship of the person to whom custody was granted until the child reaches the age of 18 years.
20
Temporary order giving custody of child to Director
20 Temporary order giving custody of child to Director
(1) A warrant issued under section 32(1)(b) or (2) of the repealed Act continues to have effect.
(2) For the purpose of giving effect to a warrant referred to in subsection (1) –
(a) when executing a warrant issued to a person who was a child welfare officer, that person as an employee of the Department has the powers of a police officer; and
(b) when executing a warrant issued to a police officer, the officer may be accompanied by an employee of the Department; and
Summons or warrant under section 40 of repealed Act
25 Summons or warrant under section 40 of repealed Act
(1) A summons or warrant issued under section 40(1) or (2) of the repealed Act continues to have effect.
(2) For the purposes of giving effect to a summons or warrant issued under section 40(1) or (2) of the repealed Act –
(a) a reference in the summons or warrant to a children’s court is taken to be a reference to the Magistrates Court (Children's Division); and
(b) a reference in the summons or warrant to a child welfare officer or a probation officer is taken to be a reference to an employee of the Department; and
(c) in executing a warrant issued to a person who was a child welfare officer or probation officer, that person as an employee of the Department has the powers of a police officer.
(3) A person must not fail to comply, without reasonable excuse, with a summons issued under section 40(1) or (2) of the repealed Act.
(2) If proceedings have been commenced under Division III of Part III of the repealed Act but have not been finally determined before the commencement day –
(a) a requirement made by the children's court under section 15(2) of the repealed Act for the provision to that court of a report by a child welfare officer is taken to be an order made under section 61 of theChildren, Young Persons and Their Families Act 1997 by the Magistrates Court (Children's Division) that the Secretary report to the Magistrates Court (Children's Division) on matters relevant to the proceedings; and
If an order is made before the commencement day, but a copy of the order is not delivered to the Director as required by section 44(1) of the repealed Act before that day, the clerk of petty sessions or the Registrar of the Supreme Court, as the case requires, is to provide a certified copy of the order to the Secretary.
(2) If a child is a ward of the State by the admission of the Director under section 35 of the repealed Act, a care and protection order under section 42 of theChildren, Young Persons and Their Families Act 1997 placing the child under the guardianship of the Secretary until the child attains 18 years of age is taken to be in effect in respect of that child.
34
Continuance of offences under repealed Act
34 Continuance of offences under repealed Act
(1) If a person has committed an offence against the repealed Act before the commencement day, the repealed Act continues to apply in respect of that offence unless this Act provides otherwise.
(2) Despite subsection (1) , a court is not entitled to make an order under section 67(3) or (4) of the repealed Act after the commencement day.
35
Transfer of child's pay held by Director, &c.
35 Transfer of child's pay held by Director, &c.
(1) Any money held by the Director under section 49 of the repealed Act is vested in the Secretary subject to the same conditions on which the Director held the money.
(2) A bank account maintained in the name of the Director in trust for a child under section 49 of the repealed Act is taken to be maintained in the name of the Secretary in trust for the child.
(3) The Secretary, in his or her discretion, must use the money held in an account referred to in subsection (2) for the benefit of the child.
(4) Any money held in an account referred to in subsection (2) vests in the child on his or her 18th birthday.
36
Child’s property
36 Child’s property
If The Public Trustee is trustee of property immediately before the commencement day, by reason of section 50 of the repealed Act, that section continues to apply in relation to that property.
37
Contributions towards child's maintenance
37 Contributions towards child's maintenance
(1) If a person is liable under section 51 of the repealed Act to make contribution towards the maintenance of a child for any period occurring before the commencement day, that person continues to be so liable in respect of that period.
(2) In this Part, unless the contrary intention appears, the following expressions have the same meaning as they had in the repealed Act immediately before the commencement day:
(a) Board;
(b) child;
(c) child protection order;
(d) maltreatment.
41
Interpretation of continuing document
41 Interpretation of continuing document
(1) In this section –
continuing document means any of the following documents if it is continued or has effect on or after the commencement day:
(a) a requirement made under the repealed Act;
(b) an application made under the repealed Act;
(c) an order made under the repealed Act;
(d) a provision of the repealed Act;
(e) any other document made, issued or provided under the repealed Act.
(2) For the purposes of giving effect to a continuing document –
(a) a reference in the continuing document to the Board is taken to be a reference to the Secretary; and
(b) a reference in the continuing document to an authorized officer continues to be a reference to an authorized officer or is taken to be a reference to an employee of the Department, as the case requires; and
(c) a reference in the continuing document, when made in respect of proceedings taken or to be taken under the repealed Act, to any court of petty sessions, magistrate or children’s court is taken to be a reference to the Magistrates Court (Children’s Division); and
(d) a reference in the continuing document to a place of safety is taken to be a reference to a place approved by the Secretary for the purpose; and
(e) such modifications and adaptations to the continuing document as are necessary to give effect to it and are appropriate in the circumstances are taken to have been made.
42
Abolition of Child Protection Board
42 Abolition of Child Protection Board
(1) The Child Protection Board is abolished.
(2) The appointment of each member of the Child Protection Board is revoked.
(3) The appointment of each deputy of a member of the Child Protection Board is revoked.
43
Revocation of appointment of Secretary of Board
43 Revocation of appointment of Secretary of Board
The appointment of the Secretary of the Board is revoked.
44
Revocation of appointment of authorized officer
44 Revocation of appointment of authorized officer
The appointment of each authorized officer is revoked.
45
Abolition of committees
45 Abolition of committees
(1) Each committee established under section 6A of the repealed Act is abolished.
(2) The appointment of each member of a committee established under section 6A of the repealed Act is revoked.
(3) Each sub-committee established under section 6A of the repealed Act is abolished.
(4) The appointment of each member of a sub-committee established under section 6A of the repealed Act is revoked.
46
Information as to maltreatment of child
46 Information as to maltreatment of child
If a person has informed an authorized officer before the commencement day of a suspicion that a child has suffered maltreatment or that there is a risk of a child suffering maltreatment, that person is taken to have informed the Secretary under section 13 or 14 of theChildren, Young Persons and Their Families Act 1997 , as the case requires, of a belief, suspicion or knowledge that the child has been or is being abused or neglected or that there is a reasonable likelihood of the child being killed or abused or neglected.
47
Requirement or warrant to take child for assessment
47 Requirement or warrant to take child for assessment
(2) For the purposes of subsection (1) , the period of the Secretary’s custody of the child commences at the time the child arrived at the place of safety in accordance with the requirement made under section 9(1) of the repealed Act.
49
Proceedings before magistrate
49 Proceedings before magistrate
Except as otherwise provided in this Act, proceedings under the repealed Act commenced before a magistrate but not finally determined before the commencement day must be continued before the Magistrates Court (Children's Division).
50
Appearance of Board in court
50 Appearance of Board in court
(1) If immediately before the commencement day the Board is appearing before a court, the Board may elect –
(a) to continue that appearance; or
(b) to request the Secretary to appear before the court in its place; or
(a) the Board is taken to continue in effect for as long as is necessary; and
(b) section 3D of the repealed Act continues to apply; and
(c) an authorization given under section 3D(2) continues to have effect; and
(d) a reference in section 3D of the repealed Act to the Board is taken to be a reference to the Board or the Secretary, as the case requires, despite section 41(2)(a) of this Act.
(2) Proceedings in respect of an application referred to in subsection (1) are continued in the Magistrates Court (Children’s Division).
52
Child protection order
52 Child protection order
(1) A child protection order made under section 10(1) of the repealed Act is taken to be an assessment order granting custody of the child to the Secretary for the period specified in the order during which the child is to be held in a place of safety.
(2) Proceedings in respect of an application referred to in subsection (1) are continued in the Magistrates Court (Children’s Division).
(3) Section 10(4) and (5) of the repealed Act continues to apply in respect of an application referred to in subsection (1) .
54
Temporary child protection order
54 Temporary child protection order
A temporary order made under section 10A of the repealed Act, whether or not extended, is taken to be an interim assessment order.
55
Powers under Child Welfare Act 1960
55 Powers under Child Welfare Act 1960
The relevant provisions of Part 2 of this Act apply in respect of an application or an order made under section 11(1) of the repealed Act.
56
Authorised absence of child from place of safety
56 Authorised absence of child from place of safety
(1) If the Board under section 14 of the repealed Act has permitted a child to be absent from a place of safety, the Secretary is taken to have made arrangements under section 69 of theChildren, Young Persons and Their Families Act 1997 , as the case requires, in the same terms as the Board specified in that permission.
(2) A notice given under section 14(2) of the repealed Act continues to have effect and for that purpose –
(a) the authorized officer remains an authorized officer; and
(b) section 14(3) , (4) and (5) of the repealed Act continues to have effect.
57
Unlawful absence of child
57 Unlawful absence of child
If a child immediately before the commencement day is absent from a place of safety without permission under the repealed Act, the child is taken to be absent without lawful authority from the place in which the Secretary placed the child under his or her powers under section 69 of theChildren, Young Persons and Their Families Act 1997 .
58
Continuance of offences under repealed Act
58 Continuance of offences under repealed Act
If a person committed an offence against the repealed Act before the commencement day, the repealed Act continues to apply in respect of that offence unless this Act provides otherwise.
59
Legal proceedings by or against Board
59 Legal proceedings by or against Board
(1) Any legal proceedings which –
(a) are not otherwise specifically referred to in this Part; and
(b) have been instituted by or against the Board; and
(c) are pending immediately before the commencement day –
may be continued by or against the Crown.
(2) Legal proceedings which are not otherwise specifically referred to in this Part and which could have been commenced by or against the Board immediately before the commencement day may be commenced by or against the Crown.
(3) A judgment or order of a court which is not otherwise specifically referred to in this Part that was obtained by or against the Board may be enforced by or against the Crown.
A document addressed to the Board may be served on the Crown by serving it on the Secretary.
61
Annual report
61 Annual report
(1) The Board is continued for the purpose of completing a report in respect of that part of the year commencing on the last preceding 1 July before the commencement day.
(2) The report is to be prepared –
(a) within 60 days after the commencement day; and
(b) as if it were an annual report under section 5A of the repealed Act.
(3) The report is to be provided to the Secretary at the end of the period specified in subsection (2)(a) .
(1) A reference in any Act or subordinate legislation to the Board is taken to be a reference to the Secretary or the Secretary and the Board, as the case requires.
(2) A reference in any document, other than an Act or subordinate legislation, to the Board is taken, as the case requires, to be a reference to –
(a) the Secretary; or
(b) the Secretary and the Board; or
(c) the Board.
Part 4
Transitional provisions relating to the Adoption Act 1988
Part 4 Transitional provisions relating to the Adoption Act 1988
64
Interpretation of Part 4
64 Interpretation of Part 4
In this Part, unless the contrary intention appears –
continuing document means any of the following documents if it is in effect immediately before the commencement day:
(a) an application made by the Director under the Principal Act;
(b) an order made under the Principal Act;
(c) a recommendation, report, request, acceptance, approval, certificate, delegation or authorization made by or on behalf of the Director;
(d) an authorization under section 39(1) of the Principal Act for the exercise of rights of custody by the Director;
(e) a document evidencing, or relating to, the provision of a grant or financial assistance by the Director;
(f) any other document made, issued or provided under the Principal Act.
(2) For the purposes of giving effect to a continuing document –
(a) a reference in the continuing document to the Director is taken to be a reference to the Secretary; and
(b) a reference in the continuing document to the Secretary may be taken, where appropriate, to include a reference to the Director; and
(c) a reference in the continuing document, when made in respect of proceedings taken or to be taken under the Principal Act, to the court is taken to be a reference to the Magistrates Court (Children’s Division); and
(d) such modifications and adaptations to the continuing document as are necessary to give effect to it and are appropriate in the circumstances are taken to have been made.
66
Reference to Director
66 Reference to Director
Where appropriate, a reference in the Principal Act to the Secretary includes a reference to the Director.
A child in the custody, or under the guardianship, of the Director under the Principal Act immediately before the commencement day is under the guardianship of the Secretary under that Act and, where appropriate, is taken to have been under the guardianship of the Secretary from the time when the child came under the guardianship of the Director.
69
Financial assistance
69 Financial assistance
A grant made or financial assistance provided by the Director and in effect immediately before the commencement day is taken to have been made or provided by the Secretary.
70
Memorandum of adoption order, &c.
70 Memorandum of adoption order, &c.
If an adoption order, or an order for the discharge of an adoption order, is made and the magistrate constituting the court which made the order has not complied with section 62 of the Principal Act before the commencement day, that section continues to apply in relation to that order.
71
Requirements for adoption
71 Requirements for adoption
If an application for an order for the adoption of a child is made but not determined before the commencement day, the reference in section 6(1)(b) or (2)(c) of the Principal Act to the Secretary is taken, on and after the commencement day, to include a reference to the Director.
72
Arrangements for adoption
72 Arrangements for adoption
Arrangements or negotiations made by, or on behalf of, the Director under section 9(1) of the Principal Act before the commencement day are taken to have been made by, or on behalf of, the Secretary.
73
Actions by court
73 Actions by court
(1) Where appropriate, any act done or omitted by the court before the commencement day is taken to have been done or omitted by the Magistrates Court (Children’s Division).
(2) Where appropriate, any act done or omitted in relation to the court before the commencement day is taken to have been done or omitted in relation to the Magistrates Court (Children's Division).
(3) Without limiting what may constitute an act for the purposes of subsection (1) or (2) , an act may be constituted by any one or more of the following:
(a) making an order;
(b) giving a direction;
(c) giving permission;
(d) postponing a determination;
(e) giving an approval or authority;
(f) forming an opinion;
(g) making an application;
(h) providing to, or filing in, the court a document.
74
Court documents
74 Court documents
Documents in the possession of, or under the control of, the court immediately before the commencement day are taken to be in the possession of, or under the control of, the Magistrates Court (Children’s Division).
75
Order
75 Order
For the purposes of determining an application before the Magistrates Court (Children’s Division), an order made before the commencement day under the Principal Act is taken to be an order made by the Magistrates Court (Children’s Division).
Director has the same meaning as it had in the Child Welfare Act 1960 immediately before the commencement day;
Secretary means the Secretary of the Department.
77
Actions by and in relation to Director
77 Actions by and in relation to Director
(1) Where appropriate, any act done or omitted by or on behalf of the Director before the commencement day is taken to have been done or omitted by or on behalf of the Secretary.
(2) Where appropriate, any act done or omitted in relation to the Director before the commencement day is taken to have been done or omitted in relation to the Secretary.
(3) Without limiting what may constitute an act for the purposes of subsection (1) or (2) , an act may be constituted by any one or more of the following:
(a) giving, making, filing, issuing, granting or providing an application, complaint, summons, warrant, licence, authorisation, approval, exemption, requirement, recommendation or report;
(b) making a payment;
(c) making a grant or providing financial assistance;
(d) forming an opinion;
(e) making an arrangement;
(f) participating in a negotiation.
78
Documents held by Director
78 Documents held by Director
Documents in the possession of, or under the control of, the Director or the Board immediately before the commencement day are taken to be in the possession of, or under the control of, the Secretary.
79
Service
79 Service
(1) Where appropriate, a document served on, given to or otherwise provided to the Director before the commencement day is taken to have been served on, given to or otherwise provided to the Secretary.
(2) Where appropriate, a document served, given or otherwise provided by the Director before the commencement day is taken to have been served, given or otherwise provided by the Secretary.
(4) [Section 79 Subsection (4) amended by No. 62 of 1999, s. 19, Applied:01 Jul 2000] Where appropriate, a document served, given or otherwise provided before the commencement day by the children's court or as required by the court or the magistrate constituting the court is taken to have been served, given or otherwise provided by the Magistrates Court (Children’s Division).
(5) A document addressed to the Director may be served on or provided to the Secretary.
80
Property
80 Property
(1) All property, rights and interests in property and management and control of property that were vested in or belonged to the Director immediately before the commencement day vest in and belong to the Secretary on and subject to the same terms that they were so vested in or belonged to the Director.
(2) All the liabilities and obligations of the Director immediately before the commencement day become the liabilities and obligations of the Secretary on and subject to the same terms as they so belonged to the Director.
(1) A reference in any Act or subordinate legislation to the Director is taken to be a reference to the Secretary or the Secretary and the Director, as the case requires.
(2) A reference in any document, other than an Act or subordinate legislation, to the Director is taken, as the case requires, to be a reference to –
(a) the Secretary; or
(b) the Secretary and the Director; or
(c) the Director.
83
Transitional and savings regulations
83 Transitional and savings regulations
(1) The Governor may make regulations of a savings or transitional nature consequent on the enactment of –
(2) Regulations made under this section may take effect on the commencement day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.
(3) Regulations made under this section may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(4) Regulations made under this section may authorise any matter to be from time to time determined, applied or regulated by a court, a district registrar or the Secretary.
(a) the administration of this Act is assigned to the Minister for Community and Health Services; and
(b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
[Section 1 Amended by No. 62 of 1999, s. 4, Applied:01 Jul 2000] This Act may be cited as the Children, Young Persons and Their Families (Transitional and Savings Provisions) Act 1998 .
2 Commencement
2 Commencement
This Act commences on the day on which the Children, Young Persons and Their Families Act 1997 commences.
Part 2 Transitional provisions relating to the Child Welfare Act 1960
Part 2 Transitional provisions relating to the Child Welfare Act 1960
Division 1 Preliminary
Division 1 Preliminary
3 Interpretation of Part 2
3 Interpretation of Part 2
(1) In this Part, unless the contrary intention appears –
commencement day means the day on which the Children, Young Persons and Their Families Act 1997 commences;
Director means the Director for Community Welfare appointed under section 6 of the repealed Act and holding that office immediately before the commencement day;
employee of the Department has the same meaning as in the Children, Young Persons and Their Families Act 1997 ;
repealed Act means the Child Welfare Act 1960 as in force immediately before the commencement day;
Secretary means the Secretary of the Department.
(2) In this Part, unless the contrary intention appears, the following expressions have the same meaning as they had in the repealed Act immediately before the commencement day:
(a) [Section 3 Subsection (2) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] . . . . . . . .
Preserves and converts enforcement measures including warrants, summonses and the powers of authorised persons when executing them (s 23-25, s 47, s 24(2)(a)-(b), s 25(2)(c)).
Provides for continuing criminal liability where offences arose under the repealed Acts and establishes limits on what orders courts may make after the transition (s 34(1)-(2), s 58).
Creates reporting and administrative duties for the Secretary to ensure information required of the old agencies is included in State Service reporting (s 38, s 61), and permits regulations of a transitional and savings nature (s 83).
Contains express saving provisions for specific classes of orders,supervision orders, interim orders, custody orders, wards of state, compensation orders, assessment orders,mapping each into the most proximate contemporary construct under the Children, Young Persons and Their Families Act 1997 or related Acts (see s 14, s 15, s 18A, s 19-21, s 52).
The statute therefore functions as a detailed bridge from the legal infrastructure of the repealed Acts to the new legislative framework, preserving legal effects, property, rights and duties but reassigning institutional responsibility to the Secretary and the courts designated by the replacement legislation.
Main concepts
The Act is organised around a few recurring transition concepts: continuing documents, conversion mapping, abolition and transfer, vesting of property and liabilities, court and jurisdictional transfer, continuation of offences and orders, and regulation-making power for residual matters.
Continuing document: Defined repeatedly for each Part (see s 4(1), s 41(1), s 65(1)). A continuing document includes applications, orders, warrants, complaints, recognisances, licences, reports and other documents that remain in effect on or after commencement day. The Act prescribes how references within those documents are to be read (for example, a reference to the Director becomes a reference to the Secretary, s 4(2)(a); a reference to a children’s court becomes a reference to the Magistrates Court (Children’s Division), s 4(2)(d)).
Conversion mapping: Concrete, section-specific mappings are used to convert existing orders to the nearest modern counterpart. Example mappings:
Proceedings under s 33 of the Child Welfare Act 1960 that were not final are taken to be applications for care and protection under s 42 of the 1997 Act (s 11(1)).
Supervision orders under the repealed Act continue but are time-limited to the earlier of the order’s term, 12 months from commencement day, or the child’s 18th birthday; s 14(1)-(2) then prescribes how s 37 of the repealed Act is to be interpreted in the new structure.
Compensation orders in force immediately before commencement are treated as orders of the Magistrates Court (Youth Justice Division) under s 98 of the Youth Justice Act 1997 (s 18A(2)).
Abolition and revocation: Titles and corporate bodies are abolished with appointment revocations (for example, the office of Director is revoked, s 5; the Child Protection Board is abolished, s 42; authorised officer appointments are revoked, s 44; children’s courts and special magistrates are abolished, s 7).
Vesting and transfer: Property, bank accounts, monies, liabilities, contracts, and documents that belonged to or were administered by abolished offices vest in the Secretary or the Crown on identical terms (s 35(1)-(2), s 80(1)-(2), s 59(4)). The Secretary has discretion to use funds held in trust for the benefit of a child (s 35(3)) and such funds vest in the child on reaching 18 (s 35(4)).
Jurisdictional reallocation: Proceedings begun under the repealed Acts are generally continued in the Magistrates Court (Children’s Division) or, for certain matters, the Youth Justice Division (see s 8, s 21(1)-(2), s 49, s 51-53). Specific procedural consequences follow: who is the applicant may change (for instance, the Secretary becomes the applicant in certain carry-over applications, s 11(2)(a)-(b), s 23(2), s 51(1)).
Preservation of enforcement powers and duties: Existing powers to issue warrants and to bring children before court continue in effect and are given contemporary execution equivalents; when executing certain warrants, an employee of the Department has the powers of a police officer (s 24(2)(a), s 25(2)(c)). Failure to comply with certain continuing summonses remains an offence (s 25(3)).
Regulatory power for transitional detail: The Governor may make savings and transitional regulations covering matters consequential on enactment of the new legislation, and those regulations can be tailored by time, circumstance and other limitations and can authorise delegations of detail (s 83).
These core devices keep the legal core of past decisions and processes intact while formally transferring administration and accountability to the contemporary statutory architecture. The Act is therefore additive and preservative: it dissolves certain entities but preserves legal results and relationships by textual conversion and statutory fiat.
Who it affects
This statute affects a defined set of actors in clear, reassignable ways:
The Secretary of the Department: The Secretary is the central recipient of powers, documents, duties and property previously held by the Director or Board. The Act repeatedly converts references to the Director or Board into references to the Secretary (see s 4(2)(a), s 41(2)(a), s 59, s 66, s 82). The Secretary gains the legal status of applicant in many ongoing proceedings (for example s 11(2)(a)-(b); s 23(2); s 51(1); s 53(1)). The Secretary must include specified information in the annual report under the Tasmanian State Service Act 1984 as required by s 38 and s 61.
The Director, members of the Child Protection Board, authorised officers and other appointees under the repealed Acts: Appointments are revoked and offices abolished (s 5; s 42(1)-(3); s 43; s 44; s 45(1)-(3)). Where appropriate, references to those persons in documents are reinterpreted as references to the Secretary or to the Secretary and the former office (s 82; s 63).
Employees of the Department, including child welfare officers: Employees who were child welfare officers under the repealed Act are taken to be appointed under the Tasmanian State Service Act 1984 for the purposes of the 1997 Act (s 6). Where continuing documents refer to child welfare officers, those references become references to employees of the Department (s 4(2)(b); s 29(2)(b); s 24(2)(a)).
Children and their families: Orders that affect the custody, guardianship or supervision of children are converted into the corresponding orders under the 1997 Act (s 15; s 19; s 20; s 21; s 52). Supervision orders in force immediately before commencement are time-limited (s 14(1)). Money held for children continues to be held in trust by the Secretary and vests in the child at 18 (s 35(1)-(4)). Parents and guardians should note the change in who is the applicant in proceedings and the shift of venue and applicable statutory provisions.
Courts and magistrates: Children's courts are abolished and functions transferred principally to the Magistrates Court (Children’s Division) (s 7(1)-(2); s 4(2)(d); s 41(2)(c)). Proceedings commenced under the repealed Acts must be continued in that court or the relevant division (s 8; s 49; s 51). The Act also affords options to the Child Protection Board as to whether to continue appearances or request the Secretary to appear in its stead immediately prior to commencement (s 50).
The Crown and contractors: Ongoing litigation and contractual relationships involving the Board are transferred to the Crown; contracts made by the Board are taken to be contracts of the Crown (s 59(1)-(4)). Liabilities of the Director become liabilities of the Secretary (s 80(2)). This affects accountants, legal representatives, contractors and counter-parties in existing contractual arrangements.
The Public Trustee: Where the Public Trustee was trustee of property under the repealed Act, that status continues with respect to those properties (s 36).
Police and enforcement agents: The Act preserves execution powers for warrants and, in some circumstances, grants employees of the Department the powers of a police officer when executing warrants issued to them (s 24(2)(a); s 25(2)(c)). Police officers may be accompanied by Department employees (s 24(2)(b)).
Third parties and community organisations: Where grants or financial assistance were provided by the Director, they are taken to have been made by the Secretary (s 69). Providers relying on the exact identity of the Director or Board must update arrangements to the Secretary as contracting party.
Practitioners should note the procedural flips that affect standing and parties: in several continuations the original applicant ceases to be the applicant and the Secretary is treated as if the application had been made by the Secretary (for example s 11(2)(a)-(b), s 23(2), s 51(1)-(2), s 53(1)-(2)). That effect changes litigation posture and who controls the conduct of ongoing matters.
Key duties and rights
The Act does not create an extensive new set of obligations; rather it shifts duties and rights from abolished offices to existing offices and courts under the new statutory framework. Principal duties and rights established or preserved by the Act include:
Secretary’s reporting duties: The Secretary must include specified information in the annual report under s 33AB of the Tasmanian State Service Act 1984 in respect of the financial year that includes commencement day (s 38). The Board must produce its final report covering the last financial year part and provide it to the Secretary for inclusion in that same annual report (s 61).
Use and custody of funds: Money held by the Director under s 49 of the repealed Act vests in the Secretary subject to the same conditions (s 35(1)-(2)). The Secretary has an express discretion to use money in trust for the benefit of the child (s 35(3)). Those funds vest in the child at age 18 (s 35(4)). This creates a legal obligation on the Secretary to hold and administer funds on the same terms the Director held them while allowing discretionary use for benefit.
Continuation and enforcement of orders: Orders in force immediately before commencement are treated as equivalent orders under the new Acts: care and protection orders, interim orders, assessment orders, and custody/guardianship arrangements (s 11, s 14, s 15, s 19-21, s 51-54). The courts retain power to apply the contemporary provisions that now govern those orders; for example, s 14(2)(b) takes references in s 37 of the repealed Act to refer to a care and protection order under s 42 of the 1997 Act.
Legal process and service: Documents addressed to abolished bodies may be served on the Secretary (s 60; s 79(5)). Documents filed with a children’s court prior to commencement are taken to have been filed with the Magistrates Court (Children’s Division) where appropriate (s 79(3)-(4)). The Secretary becomes the party able to make applications or continue proceedings in many circumstances (s 11(2)(a), s 23(2), s 51(1)).
Preservation of criminal liability and limits on orders: Offences committed under the repealed Acts prior to commencement continue to be prosecuted under the repealed Acts unless the transitional statute provides otherwise (s 34(1); s 58). However certain orders under the repealed Act cannot be made after commencement (for example courts cannot make orders under s 67(3) or (4) of the repealed Act after commencement, s 34(2)).
Powers to execute warrants and summonses: Continuing warrants and summonses are preserved and can be executed under contemporary powers; employees of the Department may, when executing a warrant issued to a child welfare officer, exercise the powers of a police officer (s 24(2)(a); s 25(2)(c)). Furthermore, when warrants were issued to police officers before commencement they may be executed with departmental employees accompanying police (s 24(2)(b)).
Contractual continuity and Crown substitution: Contracts, judgments and legal proceedings involving the Board or Director are continued by or against the Crown (s 59(1)-(4)). Contracts made by the Board but not performed before commencement are taken to be contracts of the Crown and continue to bind the Crown on the same terms.
Regulatory delegation and modifications: The Governor may make transitional regulations and those regulations can tailor application by time and circumstance, and may authorise matters to be determined by courts, registrars or the Secretary (s 83).
These duties and rights create administrative obligations for the Secretary and consequences for private parties, service providers and litigants. The Act’s provision that continuing documents may be modified "as are necessary to give effect" to them (s 4(2)(e); s 41(2)(e); s 65(2)(d)) grants a measure of interpretative flexibility, but that flexibility rests with the courts and the Secretary to reconcile pre-existing wording with successor law.
Penalties and enforcement
The transitional statute itself contains limited direct penal provisions but preserves and enables enforcement in several ways:
Continuation of offences: The statute preserves criminal liability for conduct that amounted to an offence under the repealed Acts when committed before the commencement day (s 34(1); s 58). That continuation means prosecutions and sentencing remain governed by the repealed law for pre-commencement conduct except where the transitional Act provides otherwise.
Limited retention and removal of certain sentencing powers: The Act explicitly restricts the court’s ability to make particular orders after commencement. For example, despite continuation of offences, a court cannot make an order under s 67(3) or (4) of the repealed Act after commencement day (s 34(2)). Practitioners should check the substantive nature of s 67 in the repealed Act to identify what those forbidden post-commencement orders were, because transitional provision displaces that remedial power going forward.
Offence for failing to comply with summons: Section 25(3) preserves the offence of failing to comply, without reasonable excuse, with a summons issued under s 40(1) or (2) of the repealed Act. That means continuing summonses carry the same criminal exposure as they did previously.
Execution powers and police-equivalent powers: For warrant execution, the Act gives an employee of the Department the powers of a police officer when executing a warrant issued to that person (s 24(2)(a); s 25(2)(c)). This effects enforcement capability: departmental employees, when executing existing warrants as converted, may exercise police powers, and police may be accompanied by Department employees (s 24(2)(b)). Those provisions change who legally can exercise coercive powers and under what authority.
Court processes and enforcement machinery: Continuation of proceedings in the Magistrates Court (Children’s Division) or the Youth Justice Division ensures the contemporary court-based enforcement machinery is available for interlocutory and substantive relief (s 8; s 21; s 49; s 51). The Act does not itself create a new enforcement agency but routes enforcement through existing courts and police powers as converted.
Civil enforcement via Crown substitution: Judgments, orders and contracts involving the Board become enforceable against the Crown (s 59(1)-(4)). That change places enforcement responsibility on state fiscal entities rather than a statutory Board, with potential implications for how judgments are executed against Crown property or budgets. It also transfers default risk and requires departments responsible to manage ongoing obligations.
Overall, the Act is not primarily punitive. It preserves prior criminal exposure and preserves enforcement capacity by converting existing instruments and powers into the contemporary institutional framework. Practitioners should identify offences committed before commencement and determine whether the transitional statute or successor Acts change available remedies or sentencing options.
How it interacts with other laws
This transitional statute explicitly interfaces with several statutes and statutory instruments. The text supplies multiple cross-references and conversion rules:
Children, Young Persons and Their Families Act 1997: The entire Act is framed to effect transition to the 1997 Act. Commencement is tied directly to the commencement day of the 1997 Act (s 2). Continuing documents and orders under the repealed Acts are mapped into specific provisions of the 1997 Act (for example s 11 converts certain s 33 proceedings into s 42 care and protection orders under the 1997 Act; s 14 maps supervision orders to care and protection orders and preserves s 37 as adapted).
Magistrates Court (Children’s Division) Act 1998: The Act migrates venue and procedural references to the Magistrates Court (Children’s Division) (for example s 4(2)(d); s 23(1)-(2); s 39(1)). Section 8 explicitly applies s 103 of the 1997 Act and s 12 of the Magistrates Court (Children's Division) Act 1998 to proceedings commenced under Division III of Part III of the repealed Act.
Youth Justice Act 1997: Certain juvenile criminal remedies are remapped: compensation orders in force immediately before commencement are taken to be compensation orders of the Magistrates Court (Youth Justice Division) under s 98 of the Youth Justice Act 1997 (s 18A(2)). The Act also imports terminology where relevant (s 3(3)).
Tasmanian State Service Act 1984: s 6 makes child welfare officers subject to the Tasmanian State Service Act 1984 for the purposes of the 1997 Act. s 38 and s 61 make the Secretary responsible for including reporting required by the repealed Acts in the State Service Act annual report (s 33AB is referenced).
Administrative Arrangements Act 1990: s 84 provides for provisional administrative assignment of the Act to the Minister for Community and Health Services and the Department of Community and Health Services until an order under the Administrative Arrangements Act 1990 disposes otherwise.
Repealed Acts: The Act contains direct mapping rules for the Child Welfare Act 1960 (Part 2), the Child Protection Act 1974 (Part 3) and the Adoption Act 1988 (Part 4). It also provides that references in other legislation to provisions of those repealed Acts are to be read as references to corresponding provisions in the 1997 Act (s 39; s 62). Section 39(1) and (2) create statutory substitution rules for textual references to the repealed Child Welfare Act 1960 in other instruments.
Contracts and Crown law: Section 59(4) treats contracts made by the Board but not performed as contracts of the Crown. Section 80(1)-(2) vests rights, interests and liabilities previously of the Director in the Secretary, ensuring continuity with public sector and Crown law.
Specific procedural cross-overs: Some procedural warrants and summons provisions in the repealed Acts are mapped to specific schedules or sections in the 1997 Act (for example warrants under s 9(3) of the Child Protection Act are taken to be warrants under Schedule 4 to the 1997 Act for s 20(3), see s 47(3)).
The effect is to interlock existing rights, duties and processes with the new statutory landscape by textual and legal substitution. That reduces doctrinal uncertainty about which statute governs ongoing matters but places significant interpretative work on courts and the Secretary to apply old facts to new statutory constructs. Practitioners should therefore cross-check the provision of the repealed Act that generated an instrument against the mapped provision in the destination Act to determine the applicable procedural and substantive rules.
Amendment history
The text of the statute includes internal annotations recording a number of later amendments and repeals, as shown in the statute’s marginal notes. The principal amendments recorded in the text are:
No. 62 of 1999, s 4: Amended s 1 (short title) and applied 01 Jul 2000. Multiple other sections indicate amendments or repeals by No. 62 of 1999 with application 01 Jul 2000, including s 3 subsections (s 3(2), s 3(3)), s 4(2), s 6 (amended by s 7), s 8 (amended by s 8), s 9 and s 10 (repealed by s 9), s 11-17 (various repeals and substitutions, see notes at s 16-18), s 22 and s 26-32 (repealed by s 12, s 13, s 16 respectively), s 39 (amended by s 17 and Sched. 1), s 59(4) (amended via Sched. 1), s 67 (amended by Sched. 1), s 75A (inserted by s 18), s 79 (subsections amended by s 19), s 81 (repealed by s 20), s 83(1) (amended by s 21) and other changes. Many sections are annotated as being repealed or amended by No. 62 of 1999 applied 1 July 2000.
No. 15 of 1999, s 4 and s 5: Substituted section 16 (then that section later repealed by No. 62 of 1999) and inserted s 18A (compensation order) which is marked as inserted by No. 15 of 1999 s 5 applied 01 Jul 2000. Several substitution notes show that the 1999 amending Act adjusted transitional mapping prior to the consequential amendments enacted by No. 62 of 1999.
Schedule amendments: Section 39 contains cross-reference amendments indicating Sched. 1 to No. 62 of 1999 effected further substitution mapping.
The text shows extensive editing by the 1999 amendments, including the insertion of s 75A (delegation, No. 62 of 1999 s 18), and multiple repeals. The margin notes included with particular sections tie particular subsections to these amending instruments and an applied date of 01 Jul 2000 in many cases. Where a section is explicitly annotated as "repealed by No. 62 of 1999", the operative text in this consolidated copy shows the repealed status rather than substantive content.
Readers should rely on the annotated marginal notes in this source for precise amendment citations. This Act’s own amendments are principally consequential and administrative, retooling transitional provisions to align with the final structure implemented in mid-2000.
Litigation history
The Act itself does not reference any judicial decisions. It is a transitional statute designed to preserve legal effects and create statutory mappings rather than to establish new rights to be litigated in novel ways. Consequently:
There are no cases referred to in the text of the Act.
The Act anticipates litigation by preserving pending legal proceedings and specifying which court they continue in (for example s 49, s 51, s 53) and by permitting parties to continue or change appearance posture (s 50).
Litigation in practice arising from the operation of these transitional provisions would be expected to concern interpretation of the mapping rules (for example whether a particular pre-commencement order falls within the conversion rules or how references in continuing documents are to be adapted under s 4(2)(e), s 41(2)(e), s 65(2)(d)). Such disputes would be resolved in the courts specified by the Act, principally the Magistrates Court (Children’s Division). The Act provides mechanisms to carry over evidentiary and procedural rights via statutory conversion rather than create new litigation rights.
Given the text contains no named cases, any litigation history must be sought outside this statute in court databases and reported decisions for disputes that used these provisions to resolve transitional questions.
Gotchas
This transitional statute contains a number of concrete traps for the unwary practitioner or administrator. The following items are high-value attention points because they materially change parties, venue, authority and timing:
Party substitution without notice risk: In multiple continuations the person who originally brought the child before the court ceases to be the applicant and the Secretary is treated as if the Secretary had applied (for example s 11(2)(a)-(b), s 23(2), s 51(1), s 53(1)). Practitioners must check the record to identify who now controls the proceedings, who must be served, and who can settle or withdraw.
Time limits on converted supervision orders: Supervision orders in force immediately before the commencement day continue only until the earlier of the original term expiring, 12 months after commencement day, or the child turning 18 (s 14(1)(a)-(c)). That 12 month ceiling may remove long-term supervision that previously relied on renewals under the repealed Act. Practitioners should diarise critical expiration dates.
Changing venue and associated procedures: Children’s courts are abolished and proceedings are taken to the Magistrates Court (Children’s Division) (s 7(1)-(2); s 4(2)(d)). Filing, service and procedural rules may differ between the abolished and successor jurisdiction (s 79(3)-(4)), so parties must ensure compliance with the successor court’s rules.
Police powers for Department employees: For executing certain warrants, employees of the Department are conferred the powers of police officers (s 24(2)(a); s 25(2)(c)). That transfer of coercive authority imposes legal and training obligations on the Department and creates potential exposure if powers are misused. Defence counsel and oversight bodies should note who had warrant authority originally and whether training and policies were in place for a safe transition.
Contracts and liabilities now Crown obligations: Contracts made by the Board that were not performed are treated as contracts made by the Crown (s 59(4)). Counter-parties must expect the Crown rather than the Board to be the contracting entity. This substitution may change remedies available for breach (for example limited liability against Crown property) and avenues for enforcement.
Documents and service: Documents addressed to the Director or Board may be served on or provided to the Secretary (s 60; s 79(5)). However, the Act allows documents filed with the old children’s court to be treated as filed with the Magistrates Court (Children’s Division) only where appropriate (s 79(3)). Practitioners must ensure that critical filings and service are effective under the new court’s practice or risk procedural dismissal.
Financial discretion and child funds: Money held for a child vests in the Secretary subject to the same conditions (s 35(1)-(2)), but the Secretary has discretion to use money for the benefit of the child (s 35(3)); the funds vest in the child at 18 (s 35(4)). That discretion must be exercised consistent with trust-like obligations and may create contestable decisions about what counts as benefit.
Regulatory breadth and retrospective effect: Section 83 allows the Governor to make transitional regulations that can take effect on commencement day or later and can be made with differing temporal or factual application (s 83(2)-(3)). This creates a possibility that detailed transitional prescriptions may be issued after commencement and take effect retrospectively to bridge gaps.
Repealed or amended sections in the transitional text: Many sections are annotated as repealed or substituted by later amendments (see Amendment history). Practitioners must use an up-to-date consolidated text and track marginal notes: reliance on older versions of these transitional provisions could be misleading.
Limits on what courts can do after commencement: Courts cannot make certain orders previously available under the repealed Acts (s 34(2)). Practitioners should not assume old remedies remain available for post-commencement actions even where offences or conduct pre-dated the commencement.
Delegations and administrative arrangements: Delegations in force that were made by the Director are taken to have been made by the Secretary (s 75A). However, provisional administrative assignment under s 84 places temporary authority with the Minister for Community and Health Services until the Administrative Arrangements Act 1990 is used to reassign control. That provisional arrangement can affect who is actually responsible for operational decisions immediately after commencement.
These are operationally significant points. The common practical failure modes are missed expiry dates on converted orders, misdirected service, unrecognised substitution of the Secretary for applicant status, and misunderstandings about the exercise of police-equivalent powers by Departmental employees.
How to comply
Below is a practical compliance checklist for the Secretary, departmental officers, legal practitioners, court registrars and third parties who must manage transitional obligations created by the statute. Each line ties back to the relevant section(s).
Identify continuing documents and instruments
Inventory all applications, orders, complaints, warrants, licences, recognisances, reports and other instruments that remain in effect on commencement day (see definitions of continuing document at s 4(1); s 41(1); s 65(1)).
For each instrument, note the original statutory basis and the corresponding mapping under this Act (for example s 11, s 14, s 15, s 18A, s 19-21, s 51-54).
Reassign parties and update service records
Where the Secretary becomes the applicant or party (s 11(2)(a)-(b); s 23(2); s 51(1); s 53(1)), ensure all files and service addresses are updated.
Accept service on documents addressed to the Director or Board by providing clear channels for receipt (s 60; s 79(5)) and communicate these to practitioners and courts.
Manage staff appointments and powers
Confirm child welfare officers’ employment status is aligned with the Tasmanian State Service Act 1984 as required for operations under the 1997 Act (s 6).
Publish and operationalise any police-equivalent execution powers for departmental employees tasked with warrant execution. Ensure policies, training and oversight are in place because when executing certain warrants, an employee has police powers (s 24(2)(a); s 25(2)(c)).
Triaging and scheduling converted orders
Identify converted supervision orders that will expire under the 12 month rule or when the child turns 18 (s 14(1)(b)-(c)) and schedule inevitable reviews or new applications where necessary.
Mark interim orders and assessment orders converted under s 21 and s 52 for date-sensitive handling.
Preserve and transfer funds, accounts and trust obligations
For money held under s 49 of the repealed Act, ensure the bank accounts are re-titled and the statutory conditions preserved as accounts in the name of the Secretary in trust for the child (s 35(1)-(2)).
Maintain records of discretionary decisions to use funds for the child’s benefit (s 35(3)), and prepare to vest funds to the child at age 18 (s 35(4)).
Contract and liability management
Audit all contracts and agreements entered into by the Board or Director. Treat those contracts as contracts of the Crown where not performed before commencement and adjust counterparty records accordingly (s 59(4)).
Ensure all liabilities and property vested in the Secretary (s 80(1)-(2)) are accounted for in departmental balance sheets and liability registers.
Update court filing and administrative procedures
Inform court registries and practitioners about venue changes to the Magistrates Court (Children’s Division) and ensure filings are valid under successor court practice (s 7(1)-(2); s 79(3)-(4)).
Ensure magistrates and clerks are aware which contemporary statutory provisions (for example s 42, s 46, s 48 of the 1997 Act) apply to continuing matters, as called out in the mapping sections (see s 11; s 21).
Reporting and record inclusion
Prepare the information required for the Secretary’s inclusion in the annual report under s 33AB of the Tasmanian State Service Act 1984 for the financial year that includes commencement day as specified in s 38 and s 61.
Ensure the Board’s final report is prepared, delivered to the Secretary within the 60 day period required (s 61(2)), and included in the Secretary’s annual report.
Address enforcement and prosecution continuity
Identify offences that occurred before commencement and coordinate with prosecution authorities to ensure the correct statutory basis and applicable limitations are used (s 34(1); s 58).
Ensure summonses that remain in force are enforced and that persons subject to summons are properly notified about the successor court; non-compliance remains an offence (s 25(3)).
Prepare for regulatory and delegatory follow-up
Monitor the Governor’s regulations under s 83 for transitional prescriptions that may affect operational detail, and prepare to implement those rules where they take effect from commencement day.
Ensure delegations made by the Director that are in effect immediately before commencement are recorded and that the Secretary confirms or re-issues delegations as necessary; delegations take effect as if made by the Secretary (s 75A).
Communication and stakeholder outreach
Notify parents, guardians, service providers, NGOs, and counter-parties of the change in institutional responsibility from Director/Board to the Secretary, and provide clear advice on service addresses, who to contact for ongoing cases, and points of escalation.
Provide guidance to police and courts about the conditions under which departmental employees may exercise police-equivalent powers and the appropriate procedural safeguards.
Preserve original documentation and accountability trails
Keep certified copies of any orders not delivered to the Director before commencement to ensure they are provided to the Secretary as required (s 30).
Maintain an auditable trail of all conversions, including the statutory basis for conversion and administrative steps taken to honour original conditions.
Compliance requires coordination across legal, financial and operational functions in government and among external practitioners. The statute provides conversion mechanics but leaves substantial room for administrative execution. Departments should prioritise mapping existing case files to new statutory categories, identify time-sensitive expiries and ensure contractual and financial obligations are transferred into departmental systems without loss of enforceability.
(d) [Section 3 Subsection (2) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] . . . . . . . .
(e) contribution order;
(ea) [Section 3 Subsection (2) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] institution;
(f) interim order;
(g) [Section 3 Subsection (2) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] . . . . . . . .
(h) supervision order;
(i) ward of the State.
(3) In this Part, unless the contrary intention appears, the following expressions have the same meaning as they have in the Youth Justice Act 1997 :
(a) detention centre;
(b) [Section 3 Subsection (3) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] . . . . . . . .
(c) offence;
(d) [Section 3 Subsection (3) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] . . . . . . . .
(e) [Section 3 Subsection (3) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] . . . . . . . .
(f) [Section 3 Subsection (3) amended by No. 62 of 1999, s. 5, Applied:01 Jul 2000] . . . . . . . .
4 Interpretation of continuing document
4 Interpretation of continuing document
(1) In this section –
continuing document means any of the following documents if it is continued or has effect on or after the commencement day:
(a) an application made under the repealed Act;
(b) an order made under the repealed Act;
(c) a provision of the repealed Act;
(d) a complaint made in respect of matters under the repealed Act;
(e) a summons issued under the repealed Act;
(f) a warrant issued under the repealed Act;
(g) a recognisance or surety entered into under an order made under the repealed Act;
(h) a licence granted under the repealed Act;
(i) a report made or provided under the repealed Act;
(j) a requirement made under the repealed Act;
(k) any other document made, issued or provided under the repealed Act.
(2) For the purpose of giving effect to a continuing document –
(a) a reference in the continuing document to the Director is taken to be a reference to the Secretary; and
(b) [Section 4 Subsection (2) amended by No. 62 of 1999, s. 6, Applied:01 Jul 2000] a reference in the continuing document to a child welfare officer is taken to be a reference to an employee of the Department; and
(c) a reference in the continuing document to an institution is taken to be a reference to a detention centre, within the meaning of the Youth Justice Act 1997 ; and
(d) [Section 4 Subsection (2) amended by No. 62 of 1999, s. 6, Applied:01 Jul 2000] a reference in the continuing document to a children’s court is taken to be a reference to the Magistrates Court (Children's Division); and
(e) such modifications and adaptations to the continuing document as are necessary to give effect to it and are appropriate in the circumstances are taken to have been made.
Division 2 Abolition of certain offices, &c.
Division 2 Abolition of certain offices, &c.
5 Abolition of office of Director
5 Abolition of office of Director
The appointment of the Director under the repealed Act is revoked.
6 Transfer of child welfare officers
6 Transfer of child welfare officers
[Section 6 Amended by No. 62 of 1999, s. 7, Applied:01 Jul 2000] A person appointed as a child welfare officer under section 7 of the repealed Act is taken to have been appointed subject to and in accordance with the Tasmanian State Service Act 1984 for the purpose of the Children, Young Persons and Their Families Act 1997 .
7 Abolition of children's court, special magistrates, &c.
7 Abolition of children's court, special magistrates, &c.
(1) Children's courts are abolished.
(2) Any proceedings before a children's court immediately before the commencement day must be heard and determined as specified in this Act.
(3) The appointment of each justice to the office of special magistrate is revoked.
Division 3 Court proceedings
Division 3 Court proceedings
8 Publication of proceedings
8 Publication of proceedings
On and after the commencement day –
(a) [Section 8 Amended by No. 62 of 1999, s. 8, Applied:01 Jul 2000] . . . . . . . .
(b) section 103 of theChildren, Young Persons and Their Families Act 1997 and section 12 of theMagistrates Court (Children's Division) Act 1998 apply in respect of any proceedings commenced under Division III of Part III of the repealed Act before the commencement day whether those proceedings are finally determined before, on or after that day.
9.
[Section 9 Repealed by No. 62 of 1999, s. 9, Applied:01 Jul 2000]
10.
[Section 10 Repealed by No. 62 of 1999, s. 9, Applied:01 Jul 2000]
11 Uncontrolled child before children's court
11 Uncontrolled child before children's court
(1) If proceedings have been commenced under section 33 of the repealed Act but not finally determined immediately before the commencement day, those proceedings are taken to be proceedings for a care and protection order under section 42 of theChildren, Young Persons and Their Families Act 1997 .
(2) For the purposes of giving effect to subsection (1) –
(a) an application is taken to have been made by the Secretary under section 42(2) of theChildren, Young Persons and Their Families Act 1997 ; and
(b) the person who originally brought the child before the court is no longer the applicant.
12.
[Section 12 Repealed by No. 62 of 1999, s. 10, Applied:01 Jul 2000]
13.
[Section 13 Repealed by No. 62 of 1999, s. 10, Applied:01 Jul 2000]
14 Supervision order in respect of neglected child, &c.
14 Supervision order in respect of neglected child, &c.
(1) A supervision order under section 34(1)(b) of the repealed Act in force immediately before the commencement day has effect until the first of the following occurs:
(a) the term of the order, or the order as varied, expires;
(b) the period of 12 months commencing on the commencement day expires;
(c) the child reaches the age of 18 years.
(2) For the purpose of giving effect to an order referred to in subsection (1) on and after the commencement day –
(a) section 37 of the repealed Act continues to apply in respect of the order; and
(b) a reference in section 37 of the repealed Act to such other order as could have been made at the time at which the supervision order was made is taken to be a reference to a care and protection order under section 42 of theChildren, Young Persons and Their Families Act 1997 ; and
(c) the Magistrates Court (Children’s Division) has jurisdiction to hear an application made under section 37 of the repealed Act.
15 Order declaring child to be ward of State
15 Order declaring child to be ward of State
An order declaring a child to be a ward of the State under section 23(1)(c) , 28(1)(b) or 34(1)(a) of the repealed Act in force immediately before the commencement day is taken to be a care and protection order under section 42(4)(d) of theChildren, Young Persons and Their Families Act 1997 placing the child under the guardianship of the Secretary until the child reaches the age of 18 years and has effect until the first of the following occurs:
(a) the child reaches the age of 18 years;
(b) the order is revoked under the Children, Young Persons and Their Families Act 1997 .
16.
[Section 16 Substituted by No. 15 of 1999, s. 4, Applied:01 Jul 2000][Section 16 Repealed by No. 62 of 1999, s. 11, Applied:01 Jul 2000]
17.
[Section 17 Repealed by No. 62 of 1999, s. 11, Applied:01 Jul 2000]
18.
[Section 18 Substituted by No. 15 of 1999, s. 5, Applied:01 Jul 2000][Section 18 Repealed by No. 62 of 1999, s. 11, Applied:01 Jul 2000]
18A Compensation order
18A Compensation order
[Section 18A Inserted by No. 15 of 1999, s. 5, Applied:01 Jul 2000]
(1) In this section,
compensation order means an order of a children's court or court of summary jurisdiction that –
(a) a person who has suffered loss or damage as a result of an offence committed by an offender as a child is to recover an amount of money due to that person from the offender or a sum of money by way of damages; or
(b) a person who has suffered injury, loss, destruction or damage as a result of an offence committed by an offender as a child is to be paid compensation by the offender for that injury, loss, destruction or damage.
(2) A compensation order in force immediately before the commencement day is taken to be a compensation order made by the Magistrates Court (Youth Justice Division) under section 98 of theYouth Justice Act 1997 .
19 Order granting custody to other parent
19 Order granting custody to other parent
An order under section 34(5) of the repealed Act granting custody to a parent of a child in force immediately before the commencement day is taken to be an order by the Magistrates Court (Children’s Division) made –
(a) if the order granted custody for a period not exceeding 12 months, under section 42(4)(b)(i) of theChildren, Young Persons and Their Families Act 1997 granting custody for the period specified in the order to the person specified in the order; or
(b) if the order granted custody for a period exceeding 12 months, under section 42(4)(d) placing the child under the guardianship of the person to whom custody was granted until the child reaches the age of 18 years.
20 Temporary order giving custody of child to Director
20 Temporary order giving custody of child to Director
An order under section 33A(1) of the repealed Act in force immediately before the commencement day is taken to be an interim care and protection order under section 46(2)(b)(iv) of theChildren, Young Persons and Their Families Act 1997 granting custody of the child to the Secretary.
21 Interim order
21 Interim order
(1) An interim order under section 39(1) of the repealed Act in force immedia
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