Children, Young Persons and Their Families Amendment Act 2011
An Act to amend the Children, Young Persons and Their Families Act 1997
[Royal Assent 28 June 2011]
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:
1Short titleThis Act may be cited as the Children, Young Persons and Their Families Amendment Act 2011 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Children, Young Persons and Their Families Act 1997 is referred to as the Principal Act. 4Section 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Intake Service under section 14(2) ; or (c) a report provided to the Secretary under section 18(3) or (5) ; 5Section 15 repealed Section 15 of the Principal Act is repealed. 6Section 16 amended (Confidentiality of person informing of knowledge, belief or suspicion of abuse or neglect or certain behaviour) Section 16 of the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". 7Section 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". 8Section 17A amended (Secretary may refer risk notification) Section 17A of the Principal Act is amended by inserting "risk" after "refer a". 9Section 18 amended (Assessment by Secretary) Section 18 of the Principal Act is amended by omitting subsection (6) . 10Section 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". 11Section 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) . 12Section 101A insertedAfter section 101 of the Principal Act , the following section is inserted in Division 1: 101ALegal 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 (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) . 13Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences. [Second reading presentation speech made in:
House of Assembly on 24 MAY 2011
Legislative Council on 16 JUNE 2011]