Table Of Contents

Contents (1997 - 28)

1. Short title

2. Commencement

3. Interpretation

4. Meaning of "at risk"

5. Responsibilities and powers of guardian

6. Responsibilities and powers of person who has custody

7. Object

8. International conventions

9. Repealed

10. Determining age

Part 1A - Principles to be Observed in Dealing with Children

10A. Principles

10B. Responsibility of Government

10C. Role of child's family

10D. Treating child with respect

10E. Best interests of child

10F. Child participation

10G. Aboriginal children

Part 2 - Care agreements

11. Voluntary care agreement

12. Termination of care agreement

Part 3 - Informing of concern about abuse or neglect

13. Responsibility to prevent abuse or neglect or certain behaviour

14. Informing of concern about abuse or neglect or certain behaviour

15. Repealed

16. Confidentiality of person informing of knowledge, belief or suspicion of abuse or neglect or certain behaviour

17. Secretary not obliged to take action in certain circumstances

17A. Secretary may refer risk notification

Part 4 - Assessments

Division 1 - Assessments by Secretary

18. Assessment by Secretary

19. Assistance by police officer

20. Power to require child to be taken for assessment

21. Power of Secretary to have short-term custody

Division 2 - Assessment orders

22. Assessment order

23. Restraint order

24. Variation or discharge of assessment order

25. Limited adjournment only

26. Interim assessment order on adjournment

27. Restraint order on adjournment

28. Effect of appeal against assessment order or interim assessment order

Division 3 - Examination and assessment of children

29. Examination and assessment of child

Part 5 - Children in need of care and protection

Division 1 - Family group conferences

30. Family group conference held in certain circumstances

31. Purpose of family group conference

32. Convening family group conference

33. Constitution of and attendance at family group conference

34. Procedure at family group conference

35. Power of facilitator to appoint child's advocate

36. Finalising family group conference

37. Action by Secretary after family group conference

38. Effect of approving recommended arrangements

39. Review of arrangements for care and protection of child

40. Publication of discussion at, and reports on, family group conference

41. Members of immediate family whose whereabouts are unknown

Division 2 - Care and protection orders

42. Care and protection order

42A. Supervision order

43. Restraint order

44. Extension of care and protection order

45. Limited adjournment only

46. Interim care and protection order on adjournment

47. Restraint order on adjournment

48. Variation, revocation, suspension and end of care and protection order or interim care and protection order

49. Effect of and limitations on care and protection order or interim care and protection order

50. Non-compliance with order

51. Right of other interested persons to be heard

52. Conference of parties

53. Review of arrangements for care and protection of child

Part 5A - Information sharing

53A. Interpretation

53B. Secretary and information-sharing entities may provide information

Part 5B - Community-Based Intake Service

53C. Interpretation

53D. Community-Based Intake Service

53E. Functions of a Community-Based Intake Service

53F. CBIS guidelines

Part 6 - Procedural matters

54. Matters Court must consider

55. Repealed

56. Allowing opportunity for child to express views

57. How views of child are expressed

58. Children not required to express views

59. Court orders for separate representation of child

60. Order that child be made available for examination

61. Order that report be made

62. Court may refer a matter to a family group conference

63. Evidence

64. Parties to application

65. Service of applications on parties

66. Hearings in absence of a party

67. Joinder of parties

68. Orders for costs

Part 7 - Children under guardianship or in custody of secretary

69. Powers and duties of Secretary in relation to children under guardianship or in custody of Secretary generally

70. Power of Secretary to consent to adoption of child

71. Review of circumstances of child under long-term guardianship of Secretary

72. Dealing with child's estate as guardian

73. Maintenance of child

74. Contribution order

75. Contribution agreement

Part 8 - Interstate transfers of child protection order, &c.

Division 1 - Preliminary

76. Interpretation of Part 8

Division 2 - Transfer of child protection orders

Subdivision 1 - Types of transfer

77. Types of transfer

Subdivision 2 - Transfer by Secretary

77A. When Secretary may transfer order

77B. Persons whose consent is required to transfer order

77C. Secretary to have regard to certain matters

77D. Notification to child and his or her parents

77E. Review of decision

77F. Decision of Court on review

Subdivision 3 - Transfer by Court

77G. Secretary may apply to Court to transfer order

77H. When Court may make order

77I. Service of application

77J. Type of order

77K. Court to have regard to certain matters

77L. Duty of Secretary to inform Court of certain matters

77M. Appeals

Division 3 - Transfer of child protection proceedings

77N. When Court may make order under this Division

77O. Service of application

77P. Court to have regard to certain matters

77Q. Interim order

77R. Appeals

Division 4 - Registration

77S. Filing and registration of interstate documents

77T. Notification by appropriate registrar

77U. Effect of registration

77V. Revocation of registration

Division 5 - Miscellaneous

77W. Effect of registration of transferred home order

77X. Transfer of Court file

77Y. Hearing and determination of transferred proceeding

77Z. Repealed

77ZA. Discretion of Secretary to consent to transfer

77ZB. Evidence of consent of relevant interstate officer

Part 9 - Facilitators

Division 1 - Repealed

78. Repealed

79. Repealed

80. Repealed

81. Repealed

82. Repealed

83. Repealed

Division 2 - Repealed

84. Repealed

85. Repealed

Division 3 - Facilitators

86. Facilitators

87. Functions of facilitator

88. Guidelines for facilitator

89. Powers of facilitator

90. Register of facilitators

Part 10 - Miscellaneous

Division 1 - Offences

91. Offence to fail to protect child from harm

92. Offence to leave child unattended

93. Public entertainment by children

94. Trading by children in public places

95. Offence to harbour or conceal child, &c.

96. Offence to remove, counsel or induce child to be absent without lawful authority, &c.

97. Circumstances in which child may be taken into safe custody

98. Court's powers in respect of child taken into safe custody

99. Offences in relation to visiting child, &c.

100. Hindering a person in execution of duty

101. Failure to answer question or provide report or information

101A. Legal and professional immunity for disclosures, &c., made in good faith

102. False or misleading statement

103. Duty to maintain confidentiality

Division 2 - General provisions

104. Power of police officer to enforce order by removing child

105. Officers must produce evidence of authority

106. Declaration of recognised Aboriginal organisation

107. Warrants

108. Evidentiary matters

109. Limit on prosecuting

110. Delegation by Minister and Secretary

110A. Department may provide support

111. Protection from liability

111A. Access to information under Right to Information Act 2009

111B. Application of Personal Information Protection Act 2004

111C. National database

111D. Disclosure of information

112. Regulations

113. Administration of Act

Schedule 1 - Repealed

Schedule 2 - Repealed

Schedule 3 - Repealed

Part 1 - Repealed

Part 2 - Repealed

Part 3 - Repealed

Schedule 4 - Warrants

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Children, Young Persons and Their Families Act 1997

Version current from 1 July 2022 to date (accessed 5 April 2025 at 22:59)

Status Information

Currency of version

Version current from 1 July 2022 to date (accessed 5 April 2025 at 22:59)

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Table of Amending Instruments

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File last modified 2 August 2024

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