Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998
An Act to provide for repeals of, and amendments to, Acts and Statutory Rules consequential upon the enactment of the Children, Young Persons and Their Families Act 1997 and the Youth Justice Act 1997 and for related statute law revision
[Royal Assent 22 May 1998]
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:
This Act may be cited as the Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998 .
(1) Section 3 commences on the day on which this Act receives the Royal Assent.(2) The remaining provisions of this Act commence on the day on which the Children, Young Persons and Their Families Act 1997 commences.
3. Child Welfare Act 1960 amended
After section 77 of the Child Welfare Act 1960 , the following section is inserted in Part VIII:The Director may delegate any of his or her functions and powers under this Act, including this power of delegation.
The Acts specified in Schedule 1 are repealed.
The Acts specified in Schedule 2 are amended as specified in that Schedule.
The Statutory Rules specified in Schedule 3 are amended as specified in that Schedule.
SCHEDULE 1 - Acts repealed
Child Protection Act 1974 (No. 104 of 1974) | Domestic Assistance Service Act 1947 (No. 30 of 1947) |
SCHEDULE 2 - Consequential AmendmentsAdoption Act 1988
1. Section 3(1) is amended as follows:(a) by omitting the definition of court and substituting the following definition:court means the Magistrates Court (Children's Division);(b) by omitting the definition of the Director ;(c) by inserting the following definition after the definition of the repealed Act :Secretary means the Secretary of the Department;(d) by omitting the definition of ward of the State .
2. Section 4 is amended as follows:(a) by omitting from subsection (1) "Secretary of the Department" and substituting "Secretary";(b) by omitting from subsection (2) "Secretary of the Department" first occurring and substituting "Secretary";(c) by omitting from subsection (2)(c) "Secretary of the Department" and substituting "Secretary".
3. Section 5 is repealed.
4. Section 6(2)(c) is amended by omitting "Director" and substituting "Secretary ".
5. Section 21(a) is amended by omitting "by a court of competent jurisdiction" and substituting "under the Children, Young Persons and Their Families Act 1997 ".
6. Section 27 is amended by omitting subsections (2) and (3) and substituting the following subsection:(2) Without limiting the order that a court may make under subsection (1) , the court under that subsection may make an order placing the child under the guardianship of the Secretary for the period specified in the order.
7. Section 39(3)(g) is amended by omitting "take such steps as are necessary to admit the child to the care of the Director under the Child Welfare Act 1960 " and substituting "apply under the Children, Young Persons and Their Families Act 1997 for a care and protection order granting guardianship of the child to the Secretary".
8. Section 40(2) is amended by omitting paragraph (b) and substituting the following paragraph:(b) a child who is under the guardianship of the Secretary by reason of –(i) a care and protection order made under the Children, Young Persons and Their Families Act 1997 ; or(ii) the assumption of guardianship under section 76 of that Act; or
9. Section 43 is amended by omitting subsections (2) , (3) and (4) and substituting the following subsection:(2) Without limiting the orders the court may make under subsection (1)(b) , the court may make a care and protection order under the Children, Young Persons and Their Families Act 1997 .
10. Section 62 is amended by omitting "the magistrate constituting the court by which the order was made" and substituting "the court".
11. Section 95 is repealed and the following section is substituted:95. Judicial notice of signatures, &c.
(1) In proceedings under this Act, all courts and persons acting judicially must take judicial notice of the signature of a person who –(a) holds or has held the office of Secretary; or(b) is acting or has acted in the office of Secretary; or(c) has held the office of Director for Community Welfare; or(d) has acted in the office of Director for Community Welfare; or(e) holds or has held an office in another State or a Territory that corresponds to the office of Secretary under this Act; or(f) is acting or has acted in such a corresponding office in another State or a Territory; or(g) is a delegate of a person referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) .(2) In any proceedings under this Act, proof is not required of the appointment of a person to, or to act in, the office of Secretary, the office of Director for Community Welfare or an office in another State or a Territory corresponding to the office of Secretary under this Act unless evidence is given to the contrary.
12. The Act is amended as follows:Approvals (Deadlines) Act 1993(a) by omitting from section 6(1)(b) "Director" and substituting "Secretary";(b) by omitting from section 9(1) "Director" and substituting "Secretary";(c) by omitting from section 9(2) "Director" and substituting "Secretary";(d) by omitting from section 12(2) "Director" and substituting "Secretary";(e) by omitting from section 14(a) "Director" and substituting "Secretary";(f) by omitting from section 14(b) "Director" and substituting "Secretary";(g) by omitting from section 15(a) "Director" and substituting "Secretary";(h) by omitting from section 15(b) "Director" and substituting "Secretary";(i) by omitting from section 16(1) "Director" and substituting "Secretary";(j) by omitting from section 17 "Director" and substituting "Secretary";(k) by omitting from section 18(1) "Director" and substituting "Secretary";(l) by omitting from section 18(2) "Director" and substituting "Secretary";(m) by omitting from section 19(1) "Director" and substituting "Secretary";(n) by omitting from section 22(1) "Director" and substituting "Secretary";(o) by omitting from section 24(1) "Director" first occurring and substituting "Secretary";(p) by omitting from section 24(1)(b) "Director" and substituting "Secretary";(q) by omitting from section 24(1)(c) "Director" and substituting "Secretary";(r) by omitting from section 24(3) "Director" three times occurring and substituting "Secretary";(s) by omitting from section 25(1) "Director" and substituting "Secretary";(t) by omitting from section 25(3) "Director" and substituting "Secretary";(u) by omitting "Director" from the definition of eligible person in section 28(1) and substituting "Secretary";(v) by omitting from section 28(4) "Director" and substituting "Secretary";(w) by omitting from section 29(3)(e) "Director" and substituting "Secretary";(x) by omitting from section 30(1)(a)(ii) "Director" and substituting "Secretary";(y) by omitting from section 31(1)(a) "Director" and substituting "Secretary";(z) by omitting from section 31(2) "Director" and substituting "Secretary";(za) by omitting from section 31(3) "Director" and substituting "Secretary";(zb) by omitting from section 35(1) "Director" and substituting "Secretary";(zc) by omitting from section 35(2) "Director" and substituting "Secretary";(zd) by omitting from section 35(3) "Director" and substituting "Secretary";(ze) by omitting from section 35(4) "Director" and substituting "Secretary";(zf) by omitting from section 37(2)(b) "Director" and substituting "Secretary";(zg) by omitting from section 37(2) "Director" second occurring and substituting "Secretary";(zh) by omitting from section 37(3) "Director" and substituting "Secretary";(zi) by omitting from section 37(4) "Director" and substituting "Secretary";(zj) by omitting from section 38(1) "Director" first occurring and substituting "Secretary";(zk) by omitting from section 38(1)(c) "Director" and substituting "Secretary";(zl) by omitting from section 38(2) "Director" and substituting "Secretary";(zm) by omitting from section 38(3) "Director" and substituting "Secretary";(zn) by omitting from section 38(4) "Director" and substituting "Secretary";(zo) by omitting from section 39(1) "Director" and substituting "Secretary";(zp) by omitting from section 39(2)(b) "Director" and substituting "Secretary";(zq) by omitting from section 39(2) "Director" second occurring and substituting "Secretary";(zr) by omitting from section 39(3)(a) "Director" and substituting "Secretary";(zs) by omitting from section 39(3) "Director" second occurring and substituting "Secretary";(zt) by omitting from section 40(1) "Director" first occurring and substituting "Secretary";(zu) by omitting from section 40(1)(b) "Director" and substituting "Secretary";(zv) by omitting from section 40(1)(c) "Director" and substituting "Secretary";(zw) by omitting from section 40(2)(c)(i) "Director" and substituting "Secretary";(zx) by omitting from section 40(2)(c)(ii) "Director" and substituting "Secretary";(zy) by omitting from section 41(1) "Director" first occurring and substituting "Secretary";(zz) by omitting from section 41(1) "Director" second occurring and substituting "Secretary";(zza) by omitting from section 41(1)(a) "Director" and substituting "Secretary";(zzb) by omitting from section 41(1)(b) "Director" and substituting "Secretary";(zzc) by omitting from section 41(1) "Director" fifth occurring and substituting "Secretary";(zzd) by omitting from section 41(2) "Director" twice occurring and substituting "Secretary";(zze) by omitting from section 41(3) "Director" and substituting "Secretary";(zzf) by omitting from section 41(4) "Director" three times occurring and substituting "Secretary";(zzg) by omitting from section 41(5) "Director" and substituting "Secretary";(zzh) by omitting from section 41(6) "Director" and substituting "Secretary";(zzi) by omitting from section 42(1)(b) "Director" and substituting "Secretary";(zzj) by omitting from section 42(1)(c) "Director" and substituting "Secretary";(zzk) by omitting from section 42(1) "Director" third occurring and substituting "Secretary";(zzl) by omitting from section 42(1) "Director" fourth occurring and substituting "Secretary";(zzm) by omitting from section 42(2) "Director" three times occurring and substituting "Secretary";(zzn) by omitting from section 43(1) "Director" first occurring and substituting "Secretary";(zzo) by omitting from section 43(1) "Director" second occurring and substituting "Secretary";(zzp) by omitting from section 43(1)(a) "Director" and substituting "Secretary";(zzq) by omitting from section 43(5) "Director" and substituting "Secretary";(zzr) by omitting from section 44(b) "Director" and substituting "Secretary";(zzs) by omitting from section 44 "Director" second occurring and substituting "Secretary";(zzt) by omitting from section 45(1) "Director" and substituting "Secretary";(zzu) by omitting from section 45(2) "Director" and substituting "Secretary";(zzv) by omitting from section 46(a) "Director" twice occurring and substituting "Secretary";(zzw) by omitting from section 46(b) "Director" and substituting "Secretary";(zzx) by omitting from section 47(1) "Director" and substituting "Secretary";(zzy) by omitting from section 47(2) "Director" and substituting "Secretary";(zzz) by omitting from section 48(1) "Director" first occurring and substituting "Secretary";(zzza) by omitting from section 48(1)(a) "Director" and substituting "Secretary";(zzzb) by omitting from section 48(2) "Director" and substituting "Secretary";(zzzc) by omitting from section 48(3) "Director" twice occurring and substituting "Secretary";(zzzd) by omitting from section 52(2) "Director" twice occurring and substituting "Secretary";(zzze) by omitting from section 52(3) "Director" and substituting "Secretary";(zzzf) by omitting from section 52(4) "Director" and substituting "Secretary";(zzzg) by omitting from section 52(5) "Director" and substituting "Secretary";(zzzh) by omitting from section 52(6) "Director" and substituting "Secretary";(zzzi) by omitting from section 71(1)(a) "Director" twice occurring and substituting "Secretary";(zzzj) by omitting from section 72(1)(b) "Director" first occurring and substituting "Secretary";(zzzk) by omitting from section 72(1)(b)(i) "Director" and substituting "Secretary";(zzzl) by omitting from section 72(2) "Director" and substituting "Secretary";(zzzm) by omitting from section 72(4) "Director" first occurring and substituting "Secretary";(zzzn) by omitting from section 72(4)(a) "Director" and substituting "Secretary";(zzzo) by omitting from section 72(4)(b) "Director" twice occurring and substituting "Secretary";(zzzp) by omitting from section 72(5) "Director" and substituting "Secretary";(zzzq) by omitting from section 73(1) "Director" three times occurring and substituting "Secretary";(zzzr) by omitting from section 73(2) "Director" and substituting "Secretary";(zzzs) by omitting from section 82(3) "Director" and substituting "Secretary";(zzzt) by omitting from section 83(6) "Director" and substituting "Secretary";(zzzu) by omitting from section 84(3) "Director" and substituting "Secretary";(zzzv) by omitting from section 86B(2) "Director" and substituting "Secretary";(zzzw) by omitting from section 86B(3) "Director" and substituting "Secretary";(zzzx) by omitting from section 87(3)(e) "Director" and substituting "Secretary";(zzzy) by omitting from section 88(2) "Director" and substituting "Secretary";(zzzz) by omitting from section 88(3)(a) "Director" and substituting "Secretary";(zzzza) by omitting from section 90(1) "Director" and substituting "Secretary";(zzzzb) by omitting from section 90(2) "Director" twice occurring and substituting "Secretary";(zzzzc) by omitting from section 90(3)(a) "Director" and substituting "Secretary";(zzzzd) by omitting from section 90(5) "Director" and substituting "Secretary";(zzzze) by omitting from section 91(2) "Director" twice occurring and substituting "Secretary";(zzzzf) by omitting from section 91(4) "Director" and substituting "Secretary";(zzzzg) by omitting from section 91(5) "Director" and substituting "Secretary";(zzzzh) by omitting from section 91(6) "Director" twice occurring and substituting "Secretary";(zzzzi) by omitting from section 91(7) "Director" twice occurring and substituting "Secretary";(zzzzj) by omitting from section 92 "Director" twice occurring and substituting "Secretary";(zzzzk) by omitting from section 94(a) "Director" twice occurring and substituting "Secretary";(zzzzl) by omitting from section 97(1) "Director" twice occurring and substituting "Secretary";(zzzzm) by omitting from section 97(2) "Director" twice occurring and substituting "Secretary";(zzzzn) by omitting from section 98 "Director" twice occurring and substituting "Secretary";(zzzzo) by omitting from section 107(2)(c) "Director" and substituting "Secretary";(zzzzp) by omitting from section 107(2)(d) "Director" and substituting "Secretary";(zzzzq) by omitting from section 107(2)(e) "Director" and substituting "Secretary";(zzzzr) by omitting from section 110(1) "Director" and substituting "Secretary";(zzzzs) by omitting from section 111(1) "Director" twice occurring and substituting "Secretary";(zzzzt) by omitting from section 118(2)(d) "Director" and substituting "Secretary";(zzzzu) by omitting from section 118(2)(g) "Director" twice occurring and substituting "Secretary";(zzzzv) by omitting from section 118(2)(h) "Director" and substituting "Secretary".
1. Schedule 1 is amended as follows:Child Welfare Act 1960(a) by omitting the following item;
Approval of a children's home hostel, school or other institution
60 days from the day on which an application under section 10 (1) of the Child Welfare Act 1960 is received by the responsible Minister.
(b) by omittingand substituting the following item:
Grant or renewal of a licence for a children's boarding home or a day nursery
60 days from the day on which an application under section 54 (1) of the Child Welfare Act 1960 is received by the Director for Community Welfare.
Grant or renewal of a licence for a children's boarding home or a day nursery
60 days from the day on which an application under section 54 (1) of the Child Welfare Act 1960 is received by the Secretary, within the meaning of that Act.
1. Section 1(1) is amended by omitting "Welfare" and substituting "Care".
2. Section 3 is amended as follows:(a) by omitting the definition of approved children's home from subsection (1) ;(b) by omitting the definition of child welfare officer from subsection (1) ;(c) by omitting the definitions of contribution order , Director and guardian from subsection (1) ;(d) by omitting the definitions of institution , interim order and legal guardian from subsection (1) ;(e) by omitting the definitions of managers and neglected child from subsection (1) ;(f) by omitting the definition of public entertainment from subsection (1) ;(g) by omitting the definitions of special magistrate , State institution and superintendent from subsection (1) ;(h) by omitting the definition of supervision order from subsection (1) and substituting the following definition:Secretary means Secretary of the Department.(i) by omitting subsections (2) and (3) .
3. Sections 4 , 5 , 6 , 7 , 8 , 9 , 10 and 11 are repealed.
4. Parts III , IV and V are repealed.
5. Section 64(10) is amended as follows:(a) by omitting from paragraph (c) "school registered under Part IV of the Education Act 1932 " and substituting "registered school, within the meaning of the Education Act 1994 ";(b) by omitting from paragraph (d) "school registered under Part IV of the Education Act 1932 " and substituting "registered school, within the meaning of the Education Act 1994 ".
6. Part VII is repealed.
7. Sections 74 , 75 and 76 are repealed.
8. Section 78 is repealed and the following section is substituted:(1) The Governor may make regulations for the purposes of this Act.(2) Regulations 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.(3) The regulations may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.
9. The is amended as follows:Commonwealth Powers (Family Law) Act 1987(a) by omitting "Director" from the definition of authorized officer in section 3(1) and substituting "Secretary";(b) by omitting from section 54(1) "Director" and substituting "Secretary";(c) by omitting from section 55(1) "Director" and substituting "Secretary";(d) by omitting from section 55(2) "Director" and substituting "Secretary";(e) by omitting from section 55(3) "Director" and substituting "Secretary";(f) by omitting from section 56(1) "Director" and substituting "Secretary";(g) by omitting from section 56(2) "Director" first occurring and substituting "Secretary";(h) by omitting from section 56(2)(a) "Director" and substituting "Secretary";(i) by omitting from section 56(3) "Director" and substituting "Secretary";(j) by omitting from section 57(1) "Director" twice occurring and substituting "Secretary";(k) by omitting from section 57(2) "Director" and substituting "Secretary";(l) by omitting from section 58(1) "Director" and substituting "Secretary";(m) by omitting from section 58(2) "Director" and substituting "Secretary";(n) by omitting from section 59(1) "Director" and substituting "Secretary";(o) by omitting from section 59(2) "Director" and substituting "Secretary";(p) by omitting from section 60(1) "Director" and substituting "Secretary";(q) by omitting from section 60(2) "Director" twice occurring and substituting "Secretary";(r) by omitting from section 60(3)(a) "Director" and substituting "Secretary";(s) by omitting from section 60(3)(b) "Director" and substituting "Secretary";(t) by omitting from section 60(3)(c) "Director" and substituting "Secretary";(u) by omitting from section 61(1) "Director" and substituting "Secretary";(v) by omitting from section 61(2) "Director" twice occurring and substituting "Secretary";(w) by omitting from section 62(1) "Director" first occurring and substituting "Secretary";(x) by omitting from section 62(1)(d) "Director" and substituting "Secretary";(y) by omitting from section 62(2) "Director" and substituting "Secretary";(z) by omitting from section 62(4) "Director" and substituting "Secretary";(za) by omitting from section 62(5) "Director" and substituting "Secretary";(zb) by omitting from section 63 "Director" and substituting "Secretary";(zc) by omitting from section 64(1) "Director" and substituting "Secretary";(zd) by omitting from section 64(2) "Director" and substituting "Secretary";(ze) by omitting from section 64(7) "Director" and substituting "Secretary";(zf) by omitting from section 64(8) "Director" and substituting "Secretary";(zg) by omitting from section 64(9) "Director" and substituting "Secretary";(zh) by omitting from section 64(10)(h) "Director" and substituting "Secretary";(zi) by omitting from section 65 "Director" twice occurring and substituting "Secretary";(zj) by omitting from section 77A "Director" and substituting "Secretary".
1. Schedule 1 is repealed and the following Schedule is substituted:Coroners Act 1995SCHEDULE 1 - Statutory Provisions
Act
Sections
27, 40, 42, 43(1)(b) and 47
11, 20, 21, 22, 26, 42, 44, 46, 76, 97 and 98
107
1. Section 3 is amended as follows:(a) by omitting the definition of institution ;(b) by omitting paragraph (a) from the definition of person held in care and substituting the following paragraph:(a) a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , in the custody or under the guardianship of the Secretary, within the meaning of that Act;(c) by omitting subparagraph (ii) from paragraph (b) of the definition of person held in custody ;(d) by omitting "or from an institution" from paragraph (c) of the definition of reportable death .
2. Section 19(4)(b) is amended by omitting "or from an institution".
3. Section 24(1)(d) is amended by omitting "or from an institution".
4. Section 28(5) is amended by omitting "or from an institution".Council of Law Reporting Act 1990
1. Section 14 is amended by omitting " section 18 of the Child Welfare Act 1960 " and substituting " section 12 of the Magistrates Court (Children's Division) Act 1998 ".Fire Service Act 1979
1. Section 50(2)(a) is amended by omitting subparagraph (vi) .Fox and Dexter Trusts Act 1987
1. Section 3(1) is amended by omitting " Child Welfare Act 1960 " from the definition of the Minister and substituting " Children, Young Persons and Their Families Act 1997 ".Hospitals Act 1918
1. Section 4(2) is amended as follows:Justices Act 1959(a) by omitting paragraph (a) ;(b) by omitting from paragraph (b) " Child Welfare Act 1960 " and substituting " Child Care Act 1960 ".
1. Section 37 is amended by omitting subsection (4) .
2. Section 106E is amended as follows:Magistrates Court Act 1987(a) by inserting in subsection (4) "or the Magistrates Court (Children's Division)" after "Justice Division)";(b) by inserting in subsection (5) "or the Magistrates Court (Children's Division)" after "Justice Division)".
1. Section 3 is amended by omitting paragraph (e) from the definition of lower courts .Mental Health Act 1996
1. Section 5 is amended by omitting subsection (2) and substituting the following subsection:Ombudsman Act 1978(2) Despite subsection (1) , if there is in force a care and protection order under the Children, Young Persons and Their Families Act 1997 placing a person under the guardianship of the Secretary, within the meaning of that Act, or another person, theperson responsible for that first-mentioned person means the Secretary or that other person under whose guardianship that first-mentioned person is placed by the order.
1. Schedule 1 is amended by omitting item 10A .Police Offences Act 1935
1. Section 72(4) is amended by omitting "any public charitable institution established, or proclaimed as such, under the Public Welfare Institutions Act 1935 , and".Tasmanian State Service Act 1984
1. Section 58(5)(a) is amended by inserting "or section 47(1)(f) of the Youth Justice Act 1997 " after " section 7 (1) of the Probation of Offenders Act 1973 ".
SCHEDULE 3 - Consequential AmendmentsFire Service (Miscellaneous) Regulations 1996
1. Schedule 2 is amended by omitting item 10 .Jury (Exemption) Regulations 1984
1. Section 3 is amended by omitting paragraph (g) and substituting the following paragraph:(g) authorised officers and facilitators, within the meaning of the Children, Young Persons and Their Families Act 1997 ;
[Second reading presentation speech made in:
House of Assembly on 2 APRIL 1998
Legislative Council on 11 NOVEMBER 1997]