Preservation and Administrative review: Potentially strengthening of family relationships Guidelines: applications to meet Child participation to the the means, merit, forum tests extent age and and comply with Funding development enable – Guidelines, which sets a separate representation funding cap of $12,500 for each Grounds for protection party and $17,500 for order no fault threshold independent representation of a Strict time limit between child. lodgement of initial application and ** 10-week time limit from commencement of initiation to contest (s. 39 of the contest is weeks Act) to mandate expeditious Long term guardianship resolution orders (until 18) frequently made (no permanent care) Tasmania interest of the child Legal Aid Commission of ‘best must be TAS paramount’ Children, Young Persons Primary responsibility for and their Families Act 1997 Pre-court assistance/rep: No care and child’s (TAS) protection lies with Duty Lawyer Service: No family Children, Young Persons Court based assistance/rep: High priority given to and their Families Yes supporting families in Amendment Act 2009 (TAS) preference to Post-court assistance/rep: No intervening Third Parties: Yes Preserving and strengthening family Initiate applications: Potentially relationships where child Administrative review: No removed Preserving and Guidelines: assistance enhancing child’s available where ‘proceedings cultural identity may result in the removal of a Child participation to the child from the care of the extent that age person seeking aid where that development enables – person is the normal carer of separate representation the child, subject to means and FGC encouraged Assistance also available merit’. Grounds for making for separate representation of protection order no fault child subject to merits. threshold
Preservation and strengthening of family relationships Child participation to the extent age and development enable – separate representation Grounds for protection order no fault threshold Strict time limit between lodgement of initial application and commencement of contest is weeks Long term guardianship orders (until 18) frequently made (no permanent care) Administrative review: Potentially Guidelines: applications to meet the means, merit, forum tests and comply with Funding Guidelines, which sets a funding cap of $12,500 for each party and $17,500 for independent representation of a child. ** 10-week time limit from initiation to contest (s. 39 of the Act) to mandate expeditious resolution Tasmania Children, Young Persons and their Families Act 1997 (TAS) Children, Young Persons and their Families Amendment Act 2009 (TAS) ‘best interest of the child must be paramount’ Primary responsibility for child’s care and protection lies with family High priority given to supporting families in preference to intervening Preserving and strengthening family relationships where child removed Preserving and enhancing child’s cultural identity Child participation to the extent that age development enables – separate representation FGC encouraged Grounds for making protection order no fault threshold Legal Aid Commission of TAS Pre-court assistance/rep: No Duty Lawyer Service: No Court based assistance/rep: Yes Post-court assistance/rep: No Third Parties: Yes Initiate applications: Potentially Administrative review: No Guidelines: assistance available where ‘proceedings may result in the removal of a child from the care of the person seeking aid where that person is the normal carer of the child, subject to means and merit’. Assistance also available for separate representation of child subject to merits.