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TASMANIA
__________
CHILDREN, YOUNG PERSONS AND THEIR
FAMILIES AMENDMENT BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 15 repealed
6. Section 16 amended (Confidentiality of person informing of
knowledge, belief or suspicion of abuse or neglect or certain
behaviour)
7. Section 17 amended (Secretary not obliged to take action in
certain circumstances)
8. Section 17A amended (Secretary may refer risk notification)
9. Section 18 amended (Assessment by Secretary)
10. Section 69 amended (Powers and duties of Secretary in relation
to children under guardianship or in custody of Secretary
generally)
11. Section 101 amended (Failure to answer question or provide
report or information)
12. Section 101A inserted
101A. Legal and professional immunity for disclosures,
&c., made in good faith
13. Repeal of Act
[Bill 26]-II
2
CHILDREN, YOUNG PERSONS AND THEIR
FAMILIES AMENDMENT BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
24 May 2011
(Brought in by the Minister for Children, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Children, Young Persons and Their
Families Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Children, Young
Persons and Their Families Amendment Act
2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 26] 3
Children, Young Persons and Their Families Amendment Act
2011
Act No. of
s. 3
3. Principal Act
In this Act, the Children, Young Persons and
Their Families Act 1997* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of "regulations" the
following definition:
"risk notification" means -
(a) information voluntarily provided
to the Secretary or a Community-
Based Intake Service under
section 13(2), or any similar
voluntary notification to the
Secretary or a Community-Based
Intake Service; or
(b) information provided to the
Secretary or a Community-Based
Intake Service under
section 14(2); or
(c) a report provided to the Secretary
under section 18(3) or (5);
*No. 28 of 1997
4
Children, Young Persons and Their Families Amendment Act
2011
Act No. of
s. 5
5. Section 15 repealed
Section 15 of the Principal Act is repealed.
6. Section 16 amended (Confidentiality of person
informing of knowledge, belief or suspicion of abuse
or neglect or certain behaviour)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting the definition of
"notification" from subsection (1);
(b) by inserting "risk" after "with a" in the
definition of "notifier" in subsection (1);
(c) by inserting in subsection (2) "risk" after
"receives a";
(d) by inserting in subsection (7) "risk" after
"to a".
7. Section 17 amended (Secretary not obliged to take
action in certain circumstances)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by inserting in subsection (2) "risk" after
"of a".
5
Children, Young Persons and Their Families Amendment Act
2011
Act No. of
s. 8
8. Section 17A amended (Secretary may refer risk
notification)
Section 17A of the Principal Act is amended by
inserting "risk" after "refer a".
9. Section 18 amended (Assessment by Secretary)
Section 18 of the Principal Act is amended by
omitting subsection (6).
10. Section 69 amended (Powers and duties of
Secretary in relation to children under
guardianship or in custody of Secretary generally)
Section 69(1)(b) of the Principal Act is amended
by inserting "or any body of persons, corporate
or unincorporate," after "person".
11. Section 101 amended (Failure to answer question or
provide report or information)
Section 101 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
information" after "report";
(b) by inserting in subsection (2) "or
information" after "report";
(c) by omitting subsection (3).
6
Children, Young Persons and Their Families Amendment Act
2011
Act No. of
s. 12
12. Section 101A inserted
After section 101 of the Principal Act, the
following section is inserted in Division 1:
101A. Legal and professional immunity for
disclosures, &c., made in good faith
(1) This section applies if a person -
(a) answers a question or provides a
report or information as
required -
(i) by an assessment order; or
(ii) by an interim assessment
order; or
(iii) by the Secretary under the
authority of an assessment
order or interim
assessment order; or
(iv) otherwise under this Act;
or
(b) provides a voluntary risk
notification.
(2) In so far as the person answers the
question or provides the report,
information or voluntary risk notification
in good faith -
(a) the person does not thereby incur
any civil or criminal liability; and
7
Children, Young Persons and Their Families Amendment Act
2011
Act No. of
s. 13
(b) the person cannot be held to have
thereby breached any code of
professional etiquette or ethics, or
to have departed from any
accepted standard of professional
conduct or to have contravened
any Act.
(3) In this section -
"voluntary risk notification" means
a notification referred to in
paragraph (a) of the
definition of "risk notification" in
section 3(1).
13. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
8 Government Printer, Tasmania