Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act (No. 2) 1999

Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act (No. 2) 1999

An Act to amend the Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Act 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:

1.   Short title

This Act may be cited as the Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act (No. 2) 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Act 1998 is referred to as the Principal Act.

4.   Section 1 amended (Short title)

Section 1 of the Principal Act is amended by omitting "and Youth Justice".

5.    Section 3 amended (Interpretation of Part 2 )

Section 3 of the Principal Act is amended as follows:

(a) by omitting paragraph (a) from subsection (2) ;

(b) by omitting paragraph (d) from subsection (2) ;

(c) by inserting the following paragraph after paragraph (e) in subsection (2) :

(ea) institution;

(d) by omitting paragraph (g) from subsection (2) ;

(e) by omitting paragraph (b) from subsection (3) ;

(f) by omitting paragraphs (d) , (e) and (f) from subsection (3) .

6.    Section 4 amended (Interpretation of continuing document)

Section 4(2) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b) "or a probation officer";

(b) by omitting from paragraph (b) "a youth justice worker or an employee of the Department, as the case requires" and substituting "an employee of the Department";

(c) by omitting from paragraph (d) "(Youth Justice Division) or the Magistrates Court (Children's Division), as the case requires" and substituting "(Children's Division)".

7.    Section 6 amended (Transfer of child welfare officers)

Section 6 of the Principal Act is amended by omitting "or the Youth Justice Act 1997 , as determined by the Secretary by notice provided to the person".

8.    Section 8 amended (Publication of proceedings)

Section 8 of the Principal Act is amended by omitting paragraph (a) .

9.   Sections 9 and 10 repealed

Sections 9 and 10 of the Principal Act are repealed.

10.   Sections 12 and 13 repealed

Sections 12 and 13 of the Principal Act are repealed.

11.   Sections 16, 17 and 18 repealed

Sections 16, 17 and 18 of the Principal Act are repealed.

12.    Section 22 repealed

Section 22 of the Principal Act is repealed.

13.   Sections 26 and 27 repealed

Sections 26 and 27 of the Principal Act are repealed.

14.    Section 28 amended (Summons or warrant issued in respect of guardian)

Section 28 of the Principal Act is amended by omitting subsection (1) .

15.    Section 29 amended (Report of child welfare officer)

Section 29 of the Principal Act is amended by omitting subsection (1) .

16.   Sections 31 and 32 repealed

Sections 31 and 32 of the Principal Act are repealed.

17.    Section 39 amended (Reference in Act to Child Welfare Act 1960 )

Section 39 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) " Youth Justice Act 1997 or the";

(b) by omitting from subsection (2) " Youth Justice Act 1997 or the";

(c) by omitting from subsection (2) ", as the case requires".

18.    Section 75A inserted

After section 75 of the Principal Act , the following section is inserted in Part 4:

75A.   Delegation

A delegation made by the Director in the administration of the Principal Act that is in effect immediately before the commencement day is taken to have been made by the Secretary.

19.    Section 79 amended (Service)

Section 79 of the Principal Act is amended as follows:

(a) by inserting in subsection (3) "children's" after "document filed with or otherwise provided to the";

(b) by inserting in subsection (4) "children's" after "day by the".

20.    Section 81 repealed

Section 81 of the Principal Act is repealed.

21.    Section 83 amended (Transitional and savings regulations)

Section 83(1) of the Principal Act is amended by omitting paragraph (b) .

22.   Substitutions

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998" on the number of occurrences specified in Column 2 of that Schedule and substituting " Children, Young Persons and Their Families (Consequential Repeals and Amendments) Act 1998 ".

SCHEDULE 1 - Substitutions

Section 22

[Second reading presentation speech made in:

House of Assembly on 5 OCTOBER 1999

Legislative Council on 27 OCTOBER 1999]