- Act 28 of 1997 - Royal Assent 5 November 1997 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 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. Principles to be observed in dealing with children 9. Principles relating to dealing with Aboriginal children 10. Determining age 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 14. Informing of concern about abuse or neglect 15. Protection from liability for voluntary or mandatory information 16. Confidentiality of person informing of knowledge, belief or suspicion of abuse or neglect 17. Secretary not obliged to take action in certain circumstances 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. Guardians whose whereabouts are unknown Division 2 - Care and protection orders 42. Care and protection 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 order granting custody or guardianship 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 6 - Procedural matters 54. Matters Court must consider 55. Determining what is child's best interests 56. Allowing opportunity for child to express wishes 57. How wishes of child are expressed 58. Children not required to express wishes 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 children under guardianship, &c. 76. Guardianship, custody or supervision of child from another State 77. Transfer of guardianship, custody or supervision to an interstate Government authority PART 9 - Commissioner for children, advisory panels and facilitators Division 1 - Commissioner for Children 78. Commissioner for Children 79. Functions of Commissioner 80. Powers of Commissioner 81. Committees 82. Adverse comment 83. Annual report Division 2 - Advisory panels 84. Advisory panels 85. Functions of advisory panel 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. Offence to fail to answer question or provide report 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, Secretary and Commissioner 111. Protection from liability 112. Regulations 113. Administration of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4[ Note: This table has been automatically generated and may be incomplete. ]