Children’s Rights
This chapter discusses the significant body of law that governs children; rights and protections. The chapter specifically considers the role of the Commissioner for children, child protection standards and services, the implications of a child protection order or alternative, the rights and duties of parents as well as particular children’s rights and duties.
Care and Protection of Children and Young People
In July 2000, the Children, Young Persons and their Families Act 1997 (Tas) (CYPFA) came into force. The Act is based on the United Nations Convention on the Rights of the Child and establishes the rights of the child to be brought up in a family and the family's responsibility towards the child....
Child Protection
This section provides an overview of child protection services in Tasmania, and obligations on professionals to report child abuse or neglect. How the law approaches ‘abuse’ and ‘neglect’ are also discussed.
Mandatory Reporting of child abuse or harm
General obligations on all people The protection and safety of children should be of interest to everyone in society. The Criminal Code has introduced the offence of failing to report the abuse of a child to underscore the seriousness with which harm to children is regarded. Any person who has i...
Care and Guardianship
Placing a Child in Care A child may be placed with a member of the extended family or in an out-of-home care placement approved by Child Protection Services if the child needs protection and their safety cannot be guaranteed if they remain in the home. Sometimes this placement will change after ...
Order Hearings
Children's Court The Children's Court is a division of the Magistrates Court. It determines child protection matters, including care and protection orders and assessment orders. The information on the Children's Court website provides useful information for the parents or guardians of children i...
Orders in Care and Protection Proceedings
This section provides an overview of child care and protection orders and assessment orders, including pre-court and court processes in relation to child protection.
Options other then Care and Protection Orders
Maintenance When a child enters a guardianship of the Secretary of the Department of Health, the child’s previous guardians have a duty to financially maintain a child who is in the custody or under the guardianship of the Secretary. The court may make a contribution order. Restraint orders Up...
Other courts and organisations in child safety
Protocols are arrangements between various Departments or Agencies who may be dealing with the same family. These are put in place in order to make sure that all parties are working towards the same goal, that is the best interests of the child. Protocols exist between the Department of Health an...
Parents’ Right and Duties
Parents (and guardians) have the right: to determine the child's upbringing and education; to discipline the child (including reasonable corporal punishment); to consent to the child's adoption; and to take legal proceedings on their behalf. Parents (and guardians) have the duty:...
Children’s Rights and Duties
This section provides an overview of the rights and duties of children in contexts such as home, school, medical treatment, sexual relationships, employment, and leaving home.
Page last updated 19/03/2018