Minister: Minister for Child Safety, Youth and Women and Minister for the Prevention of Domestic and Family Violence
Agency: Department of Child Safety, Youth and Women


Child Protection Act 1999


Queensland Crest
Child Protection Act 1999

An Act about the protection of children, and for other purposes

Chapter 1 Preliminary

Part 1 Introduction

1Short title

This Act may be cited as the Child Protection Act 1999 .

2Commencement

(1)Section 260 commences on the date of assent.
(2)The remaining provisions commence on a day to be fixed by proclamation.

3Definitions

(1)The dictionary in schedule 3 defines particular words used in this Act.
(2)Key terms used in this Act are defined in part 3 , division 1 .

3A[Repealed]

s 3A ins 2004 No. 36s 11

om 2010 No. 33s 4

Part 2 Purpose, principles and administration of Act

pt hdg amd 2010 No. 33s 5

Division 1 Purpose of Act and principles for its administration

div hdg ins 2010 No. 33s 6

4Purpose of Act

The purpose of this Act is to provide for the protection of children.

5Application of principles

(1)This Act is to be administered under the principles stated in this division.
(2)All other principles stated in this Act are subject to the principle stated in section 5A .

s 5 amd 2004 No. 13s 7; 2005 No. 40s 4

sub 2010 No. 33s 7

5AParamount principle

The main principle for administering this Act is that the safety, wellbeing and best interests of a child are paramount.

Example—

If the chief executive is making a decision under this Act about a child where there is a conflict between the child’s safety, wellbeing and best interests, and the interests of an adult caring for the child, the conflict must be resolved in favour of the child’s safety, wellbeing and best interests.

s 5A ins 2010 No. 33s 7

5BOther general principles

The following are general principles for ensuring the safety, wellbeing and best interests of a child—
(a)a child has a right to be protected from harm or risk of harm;
(b)a child’s family has the primary responsibility for the child’s upbringing, protection and development;
(c)the preferred way of ensuring a child’s safety and wellbeing is through supporting the child’s family;
(d)if a child does not have a parent who is able and willing to protect the child, the State is responsible for protecting the child;
(e)in protecting a child, the State should only take action that is warranted in the circumstances;
(f)if a child is removed from the child’s family, support should be given to the child and the child’s family for the purpose of allowing the child to return to the child’s family if the return is in the child’s best interests;
(g)if a child does not have a parent able and willing to give the child ongoing protection in the foreseeable future, the child should have long-term alternative care;
(h)if a child is removed from the child’s family, consideration should be given to placing the child, as a first option, in the care of kin;
(i)if a child is removed from the child’s family, the child should be placed with the child’s siblings, to the extent that is possible;
(j)a child should only be placed in the care of a parent or other person who has the capacity and is willing to care for the child (including a parent or other person with capacity to care for the child with assistance or support);
(k)a child should have stable living arrangements, including arrangements that provide—
(i)for a stable connection with the child’s family and community, to the extent that is in the child’s best interests; and
(ii)for the child’s developmental, educational, emotional, health, intellectual and physical needs to be met;
(l)a child should be able to maintain relationships with the child’s parents and kin, if it is appropriate for the child;
(m)a child should be able to know, explore and maintain the child’s identity and values, including their cultural, ethnic and religious identity and values;
(n)a delay in making a decision in relation to a child should be avoided, unless appropriate for the child.

s 5B ins 2010 No. 33s 7

5CAdditional principles for Aboriginal or Torres Strait Islander children

The following additional principles apply in relation to an Aboriginal or Torres Strait Islander child—
(a)the child should be allowed to develop and maintain a connection with the child’s family, culture, traditions, language and community;
(b)the long-term effect of a decision on the child’s identity and connection with their family and community should be taken into account.

Note—

See also sections 6 and 83 .

s 5C ins 2010 No. 33s 7

5DPrinciples about exercising powers and making decisions

(1)The following principles are relevant to exercising a power or making a decision under this Act—
(a)a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power;
(b)to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act;
(c)if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help;
(d)a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process;
(e)information about a child affected by a decision under this Act should be shared—
(i)only to the extent necessary for the purposes of this Act; and
(ii)in a way that protects the child’s privacy.
(2)This section does not apply to a court.
(3)In this section—
relevant person, for a decision, means each of the following persons—
(a)the child to whom the decision relates;
(b)a person who is a parent or sibling of the child and is affected by the decision;
(c)any long-term guardian of the child.

s 5D ins 2010 No. 33s 7

5EObtaining child’s views

(1)When giving a child an opportunity to express their views under this Act—
(a)language appropriate to the age, maturity and capacity of the child should be used; and
(b)communication with the child should be in a way that is appropriate to the child’s circumstances; and
(c)if the child requires help to express their views, the child should be given help; and
(d)the child should be given an appropriate explanation of any decision affecting the child, including a decision about the development of a case plan or the effect of the decision or the case plan; and
(e)the child should be given an opportunity, and any help if needed, to respond to any decision affecting the child.
(2)Nothing in this section requires a child to express a view about a matter.
(3)This section does not apply to a court.

s 5E ins 2010 No. 33s 7

6Recognised entities and decisions about Aboriginal and Torres Strait Islander children

(1)When making a significant decision about an Aboriginal or Torres Strait Islander child, the chief executive, the litigation director or an authorised officer must give an opportunity to a recognised entity for the child to participate in the decision-making process.
(2)When making a decision, other than a significant decision, about an Aboriginal or Torres Strait Islander child, the chief executive, the litigation director or an authorised officer must consult with a recognised entity for the child before making the decision.
(3)However, if compliance with subsection (1) or (2) is not practicable because a recognised entity for the child is not available or urgent action is required to protect the child, the chief executive, the litigation director or an authorised officer must consult with a recognised entity for the child as soon as practicable after making the decision.
(4)If the Childrens Court exercises a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to—
(a)the views, about the child and about Aboriginal tradition and Island custom relating to the child, of—
(i)a recognised entity for the child; or
(ii)if it is not practicable to obtain the views of a recognised entity for the child—members of the community to whom the child belongs; and
(b)the general principle that an Aboriginal or Torres Strait Islander child should be cared for within an Aboriginal or Torres Strait Islander community.

Note—

The Acts Interpretation Act 1954 , section 36 , contains definitions of Aboriginal tradition and Island custom.
(5)As far as is reasonably practicable, the chief executive, the litigation director or an authorised officer must try to conduct consultations, negotiations, family group meetings and other proceedings involving an Aboriginal person or Torres Strait Islander (whether a child or not) in a way and in a place that is appropriate to Aboriginal tradition or Island custom.
(6)Subsections (1) to (3) do not apply to the litigation director if—
(a)the litigation director is satisfied the chief executive or an authorised officer has already given the opportunity to participate or consulted with the recognised entity in relation to the decision; and
(b)the chief executive or authorised officer has provided the litigation director with the outcome of the participation or consultation for the director’s consideration.
(7)In this section—
significant decision, about an Aboriginal or Torres Strait Islander child, means a decision likely to have a significant impact on the child’s life.

Examples of decisions relating to an Aboriginal or Torres Strait Islander child that may be significant decisions—

1a decision made in the course of investigating an allegation of harm to the child
2a decision about placing the child in care
3a decision by the litigation director about whether or not to apply for a child protection order for the child

s 6 amd 2003 No. 57s 39(1)sch 3; 2004 No. 36s 12

sub 2005 No. 40s 5

amd 2010 No. 33s 8; 2016 No. 23s 51

Division 2 Administration

div hdg ins 2010 No. 33s 9

6AProvision about the Child Protection (International Measures) Act 2003

The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act.

s 6A ins 2003 No. 57s 39(1)sch 2

7Chief executive’s functions

(1)For the proper and efficient administration of this Act, the chief executive’s functions are—
(a)providing, or helping provide, information for parents and other members of the community about the development of children and their safety needs; and
(b)providing, or helping provide, preventative and support services to strengthen and support families and to reduce the incidence of harm to children; and
(c)providing, or helping provide, services to families to protect their children if a risk of harm has been identified; and
(d)providing, or helping provide, services for the protection of children and responding to allegations of harm to children; and
(e)providing, or helping provide, services that encourage children in their development into responsible adulthood; and
(f)helping Aboriginal and Torres Strait Islander communities to establish programs for preventing or reducing incidences of harm to children in the communities; and
(g)providing support and training to approved carers to help them care for children under this Act; and
(h)negotiating and reviewing a statement of commitment between the State and organisations with an interest in the care of children under this Act that includes the provision of support and resources by the department to approved carers; and
(i)promoting a partnership between the State, local government, non-government agencies and families in taking responsibility for, and dealing with the problem of, harm to children; and
(j)promoting a partnership between the State and foster carers that recognises the integral part played by foster carers in caring for children under this Act; and
(k)promoting and helping in developing coordinated responses to allegations of harm to children and responses to domestic violence; and
(l)cooperating with government entities that have a function relating to the protection of children or provide services to children in need of protection or their families; and
(m)ensuring access by children in care to advocacy services and cooperating with the services to help ensure that the children’s concerns are dealt with; and
(n)consulting with clients of the department and of organisations involved in providing services relating to the purpose of this Act and with client representative groups; and
(o)consulting with recognised entities about the administration of this Act in relation to Aboriginal and Torres Strait Islander children; and
(p)reviewing, under chapter 7A , the department’s involvement with certain children who have since died or who have suffered serious physical injury—
(i)to facilitate ongoing learning and improvement in the provision of services by the department; and
(ii)to promote the accountability of the department; and
(q)providing, or helping provide, public education about child abuse and neglect and to encourage people whose occupation involves responsibility for children and members of the public to report suspected child abuse and neglect to the chief executive; and
(r)collecting and publishing, or helping to collect and publish, information and statistics about—
(i)harm to children; and
(ii)the life outcomes of children in care; and
(iii)the relationship between the criminal justice system and the child protection system; and
(s)promoting and conducting research into—
(i)the causes and effects of harm to children; and
(ii)the life outcomes of children in care; and
(iii)the relationship between the criminal justice system and the child protection system; and
(t)encouraging tertiary institutions to provide instruction about harm to children and its prevention and treatment.
(2)In this section—
children in care means children in the chief executive’s custody or guardianship.

s 7 amd 2000 No. 7s 4; 2004 No. 13s 8; 2004 No. 36s 13; 2005 No. 40s 6; 2008 No. 40s 19; 2014 No. 28s 4

7AExplanation about entities involved in court applications

(1)The scheme under this Act includes the making of court orders to—
(a)authorise actions as part of an investigation to assess whether a child is a child in need of protection; or
(b)ensure a child’s protection.
(2)Authorised officers appointed by the chief executive are empowered to apply for temporary assessment orders, court assessment orders and temporary custody orders.
(3)Police officers are empowered to apply for temporary assessment orders and court assessment orders.
(4)Under the Director of Child Protection Litigation Act 2016 , the litigation director is empowered to apply for child protection orders.
(5)The chief executive is responsible for working collaboratively with the litigation director in relation to applications for child protection orders, including by collecting and preparing evidence.

s 7A ins 2016 No. 24s 4

Part 3 Basic concepts

Division 1 Key terms

8Who is a child

A child is an individual under 18 years.

9What is harm

(1)Harm, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.
(2)It is immaterial how the harm is caused.
(3)Harm can be caused by—
(a)physical, psychological or emotional abuse or neglect; or
(b)sexual abuse or exploitation.
(4)Harm can be caused by—
(a)a single act, omission or circumstance; or
(b)a series or combination of acts, omissions or circumstances.

s 9 amd 2010 No. 33s 10

10Who is a child in need of protection

A child in need of protection is a child who—
(a)has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm; and
(b)does not have a parent able and willing to protect the child from the harm.

s 10 amd 2014 No. 28s 5

11Who is a parent

(1)A parent of a child is the child’s mother, father or someone else (other than the chief executive) having or exercising parental responsibility for the child.
(2)However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.
(3)A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.
(4)A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.
(5)A reference in this Act to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent.

Note—

In some provisions, parent has a narrower meaning. The same meaning is given the term in chapter 2 , part 2 (see section 23 ), chapter 2 , part 3 (see section 37 ), chapter 2 , part 3AA (see section 51AA ), chapter 2 , part 3A (see section 51F ) and chapter 2 , part 4 (see section 52 ).

s 11 amd 2010 No. 33s 11

Division 2 Custody and guardianship

12What is effect of custody

(1)This section applies if—
(a)an authorised officer or police officer takes a child into the chief executive’s custody; or

Note—

Under section 18 , a child at immediate risk of harm may be taken into custody.
(b)the chief executive has custody of a child under a care agreement; or
(c)the chief executive or someone else is granted custody of a child under an assessment order, temporary custody order or child protection order.
(2)The chief executive, or other person granted custody of the child, has—
(a)the right to have the child’s daily care; and
(b)the right and responsibility to make decisions about the child’s daily care.

s 12 amd 2005 No. 40s 7; 2011 No. 35s 32

13What is effect of guardianship

If the chief executive or someone else is granted guardianship of a child under a child protection order, the chief executive or other person has—
(a)the right to have the child’s daily care; and
(b)the right and responsibility to make decisions about the child’s daily care; and
(c)all the powers, rights and responsibilities in relation to the child that would otherwise have been vested in the person having parental responsibility for making decisions about the long-term care, wellbeing and development of the child.

s 13 amd 2010 No. 33s 12

Chapter 2 Protection of children

Part 1AA Informing the chief executive about harm or risk of harm to children

Division 1 General

div hdg ins 2014 No. 28s 6

13AAction by persons generally

(1)Any person may inform the chief executive if the person reasonably suspects—
(a)a child may be in need of protection; or
(b)an unborn child may be in need of protection after he or she is born.
(2)The information given may include anything the person considers relevant to the person’s suspicion.

s 13A ins 2014 No. 28s 6

13BAction by relevant persons under other provisions

(1)Under division 2 , if a relevant person has a reportable suspicion about a child, the person is required to report the matter to the chief executive.
(2)If a relevant person does not have a reportable suspicion about a child but considers the child is likely to become a child in need of protection if no preventative support is given, the person may take other appropriate action under this Act.
(3)For example, if the relevant person is a prescribed entity to which section 159M applies, the person may give information under that section to a service provider so the service provider can offer help and support to the child or child’s family to stop the child becoming a child in need of protection.

s 13B ins 2014 No. 28s 6

13CConsiderations when forming a reasonable suspicion about harm to a child

(1)This section applies to a person in forming a reasonable suspicion, for section 13A (1) or division 2 , about whether a child has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm.
(2)The matters that the person may consider include—
(a)whether there are detrimental effects on the child’s body or the child’s psychological or emotional state—
(i)that are evident to the person; or
(ii)that the person considers are likely to become evident in the future; and
(b)in relation to any detrimental effects mentioned in paragraph (a)—
(i)their nature and severity; and
(ii)the likelihood that they will continue; and
(c)the child’s age.
(3)The person’s consideration may be informed by an observation of the child, other knowledge about the child or any other relevant knowledge, training or experience that the person may have.

s 13C ins 2014 No. 28s 6

13DProtection from liability

Section 197A provides for protection from liability for information given under this part.

s 13D ins 2014 No. 28s 6

Division 2 Mandatory reporting by particular persons

div hdg ins 2014 No. 28s 6

13EMandatory reporting by persons engaged in particular work

(1)This section applies to a person (a relevant person) who is any of the following —
(a)a doctor;
(b)a registered nurse;
(c)a teacher;
(d)a police officer who, under a direction given by the commissioner of the police service under the Police Service Administration Act 1990 , is responsible for reporting under this section;
(e)a person engaged to perform a child advocate function under the Public Guardian Act 2014 ;
(f)an early childhood education and care professional.
(2)For this section, a reportable suspicion about a child is a reasonable suspicion that the child—
(a)has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse; and
(b)may not have a parent able and willing to protect the child from the harm.
(3)If a relevant person forms a reportable suspicion about a child in the course of the person’s engagement as a relevant person, the person must give a written report to the chief executive under section 13G .
(4)In this section—
early childhood education and care professional means an individual, other than a volunteer or an individual under the age of 18, who is—
(a)any of the following under the Education and Care Services Act 2013
(i)an approved provider;
(ii)a supervisor for a QEC approved service;
(iii)an educator for a QEC approved service; or
(b)any of the following under the Education and Care Services National Law (Queensland)—
(i)an approved provider;
(ii)a nominated supervisor for an approved education and care service;
(iii)an educator for an approved education and care service;
(iv)a family day care co-ordinator for an approved family day care service;
(v)a family day care educator for an approved family day care service.

s 13E ins 2014 No. 28s 6

amd 2016 No. 49s 4

13FMandatory reporting relating to children in departmental or licensed care services

(1)This section applies to a person (a relevant person) who is any of the following—
(a)an authorised officer;
(b)a public service employee employed in the department;
(c)a person employed in a departmental care service or licensed care service.
(2)For this section, a reportable suspicion about a child in care is a reasonable suspicion that the child has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse.
(3)If a relevant person forms a reportable suspicion about a child in care, the person must give a written report to the chief executive under section 13G .
(4)In this section—
child in care means a child placed in the care of an entity conducting a departmental care service or a licensee.

s 13F ins 2014 No. 28s 6

13GReport to the chief executive

(1)This section applies to a report that a relevant person is required to give under section 13E or 13F .
(2)The report must—
(a)state the basis on which the person has formed the reportable suspicion; and
(b)include the information prescribed by regulation, to the extent of the person’s knowledge.
(3)The person is not required to give a report about a matter if—
(a)giving the report might tend to incriminate the person; or
(b)the person knows, or reasonably supposes, that the chief executive is aware of the matter.
(4)A regulation may prescribe the way the report must be given.
(5)To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under section 13E (3) or 13F (3) or this section.

s 13G ins 2014 No. 28s 6

13HConferrals with colleague and related information sharing

(1)A relevant person may give information to a colleague, and a colleague may give information to a relevant person, for any of the following purposes—
(a)for the relevant person to form a suspicion about whether a child has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse;
(b)in the case of a relevant person under section 13E —for the relevant person to form a suspicion about whether a child has a parent able and willing to protect the child from harm mentioned in paragraph (a);
(c)for the relevant person to give a report under section 13G or keep a record about giving a report;
(d)for the relevant person or colleague to take appropriate action to deal with suspected harm or risk of harm to a child.

Examples for paragraph (d)—

1A teacher with a reportable suspicion about a child under section 13E may give information to the principal at the school to enable the principal to take appropriate action to protect the child or other children from risk of harm.
2An educator under the Education and Care Services National Law (Queensland) with a reportable suspicion about a child under section 13E may give information to the nominated supervisor for the approved education and care service, within the meaning of that Law, to enable the supervisor to take appropriate action to protect the child or other children from risk of harm.
(2)In this section—
colleague, of a relevant person, means a person working in or for the same entity as the relevant person.

s 13H ins 2014 No. 28s 6

amd 2016 No. 49s 5

13IReporting obligation arises when reportable suspicion is formed

To remove any doubt, it is declared that—
(a)a relevant person is not required to give a report under section 13G until the person has formed a reportable suspicion about a child; and

Example—

After observing injuries on a child’s body, a doctor or teacher considers it possible that a parent of the child has physically abused the child or failed to protect the child from physical abuse. After obtaining further information about the family’s circumstances, the doctor or teacher forms a reportable suspicion about the child under section 13E .
(b)once a relevant person has formed a reportable suspicion about a child, the person must comply with section 13G even though the person is taking, or has taken, other action in relation to the child.

s 13I ins 2014 No. 28s 6

13JParticular reports to be given to public guardian

As soon as practicable after receiving a report required by section 13F , the chief executive must give a copy to the public guardian to help the public guardian perform the public guardian’s child advocate functions under the Public Guardian Act 2014 .

s 13J ins 2014 No. 28s 6

Part 1 Children at risk of harm

14Substantiation of alleged harm

(1)If the chief executive becomes aware (whether because of notification given to the chief executive or otherwise) of alleged harm or alleged risk of harm to a child and reasonably suspects the child is in need of protection, the chief executive must immediately—
(a)have an authorised officer investigate the allegation, assess whether the alleged harm or risk of harm can be substantiated and, if it can, assess the child’s protective needs; or
(b)take other action the chief executive considers appropriate.
(2)If the chief executive reasonably believes alleged harm to a child may involve the commission of a criminal offence relating to the child, the chief executive must immediately give details of the alleged harm to the police commissioner.
(3)Subsection (2) applies whether or not the chief executive suspects the child is in need of protection.

s 14 amd 2005 No. 40s 8; 2010 No. 33s 13; 2014 No. 28s 7

15Child’s parents and long-term guardians to be told about allegation of harm and outcome of investigation

(1)This section applies if an authorised officer or police officer—
(a)investigates an allegation of harm or risk of harm to a child; or
(b)assesses a child’s need of protection because of an allegation of harm or risk of harm to the child.
(2)If the child does not have long-term guardians, the officer must—
(a)give details of the alleged harm or risk of harm to at least 1 of the child’s parents; and
(b)as soon as practicable after completing the investigation—
(i)tell at least 1 of the child’s parents about the outcome of the investigation; and
(ii)if asked by the parent, give the information about the outcome of the investigation to the parent in writing.
(3)If the child has long-term guardians, the officer must—
(a)take, or make a reasonable attempt to take, the actions stated in subsection (2)(a) and (b), but only if the officer is satisfied it would be in the child’s best interests to do so, having regard to—
(i)the nature and extent of the child’s connection with the child’s parents; and
(ii)the evidence in support of the allegation of harm or risk of harm; and
(iii)any other relevant matter; and
(b)take the actions stated in subsection (2)(a) and (b) in relation to the long-term guardians.
(4)However, if the officer reasonably believes—
(a)someone may be charged with a criminal offence for the harm to the child and the officer’s compliance with subsection (2) or (3) may jeopardise an investigation into the offence; or
(b)compliance with subsection (2) or (3) may expose the child to harm;

the officer need only comply with the subsection to the extent the officer considers is reasonable and appropriate in the particular circumstances.

(5)If, under subsection (3)(a), the officer does not take the actions stated in subsection (2)(a) and (b) but makes a reasonable attempt to take the actions, the officer must document full details about the actions taken by the officer in making the attempt.

s 15 sub 2010 No. 33s 14

16Contact with child at immediate risk of harm

(1)This section applies if—
(a)an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and
(b)the officer has been denied contact with the child or can not reasonably gain entry to the place where the officer reasonably believes the child is; and
(c)the officer reasonably suspects the child—
(i)is at immediate risk of harm; or
(ii)is likely to leave or be taken from a place and suffer harm if the officer does not take immediate action.
(2)The officer may exercise the following powers—
(a)enter the place;
(b)search the place to find the child;
(c)remain in the place, and have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation.
(3)The officer may exercise a power under subsection (2) with the help, and using the force, that is reasonable in the circumstances.
(4)At the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer.

17Contact with children in school, education and care service premises, family day care etc.

(1)This section applies if—
(a)an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and
(b)the officer reasonably believes—
(i)it is in the child’s best interests that the officer has contact with the child before the child’s parents or long-term guardians are told about the investigation; and
(ii)the child’s parents or long-term guardians knowing in advance about the proposed contact with the child is likely to adversely affect or otherwise prevent the proper and effective conduct of the investigation; and
(c)the child is at a school, or place where education and care or regulated education and care is provided, when the officer is to have contact with the child; and
(d)the officer has lawfully entered, and is lawfully remaining at, the school or place.
(2)The officer may have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation.
(3)Before exercising a power under subsection (2), the officer must notify the principal or other person in charge of the school or place of the intention to exercise the power.
(4)As soon as practicable after the officer has had contact with the child, the officer must—
(a)if the child has long-term guardians—tell at least 1 of the long-term guardians that the officer has had contact with the child and the reasons for the contact; or
(b)otherwise—tell at least 1 of the child’s parents that the officer has had contact with the child and the reasons for the contact.
(5)The officer’s obligation under subsection (4) to give reasons for the contact with the child is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes—
(a)someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or
(b)compliance with the subsection may expose the child to harm.
(6)Also, at the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer.
(7)In this section—
education and care means education and care provided under the Education and Care Service National Law (Queensland).
regulated education and care means regulated education and care within the meaning of the Education and Care Services Act 2013 .

s 17 amd 2000 No. 7s 5; 2010 No. 33s 15; 2011 No. 38s 54; 2013 No. 44s 269sch 1pt 2

18Child at immediate risk may be taken into custody

(1)This section applies if an authorised officer or police officer reasonably believes a child is at risk of harm and the child is likely to suffer harm if the officer does not immediately take the child into custody.
(2)The officer may take the child into the chief executive’s custody.
(3)For subsection (2), the officer may—
(a)enter the place where the officer reasonably believes the child is; and
(b)search the place to find the child; and
(c)remain in the place for as long as the officer reasonably considers is necessary to find the child.
(4)The officer may exercise a power under subsection (2) or (3) with the help, and using the force, that is reasonable in the circumstances.
(5)The officer must, as soon as practicable, apply for a temporary assessment order for the child.
(6)However, subsection (5) does not apply if an authorised officer applies for a temporary custody order for the child.
(7)Also, the officer may arrange a medical examination of, or for medical treatment for, the child that is reasonable in the circumstances.

Note—

Section 97 applies to the medical examination or treatment.
(8)The chief executive’s custody of the child ends on the earlier of the following to happen—
(a)the application for the temporary assessment order or temporary custody order for the child is decided;
(b)8 hours elapses after the child is taken into custody.

s 18 amd 2010 No. 33s 16

19Effect of taking child into custody on existing order

(1)This section applies if—
(a)an authorised officer or police officer takes a child into the chief executive’s custody; and
(b)a child protection order granting custody or guardianship of the child to someone other than the chief executive is in force.
(2)The order, so far as it relates to the child’s custody or guardianship, ceases to have effect while the chief executive’s custody of the child continues.

20Officer’s obligations on taking child into custody

(1)This section applies if an authorised officer or police officer takes a child into the chief executive’s custody.
(2)If the child does not have long-term guardians, the officer must, as soon as practicable—
(a)take reasonable steps to tell at least 1 of the child’s parents—
(i)that the child has been taken into custody and the reasons for the action; and
(ii)when the chief executive’s custody ends under section 18 (8); and
(b)tell the child about their being taken into the chief executive’s custody; and

Note—

Section 195 deals with compliance with provisions about giving information.
(c)tell the chief executive the child has been taken into the chief executive’s custody, the reasons for the action and where the child has been taken.
(3)If the child has long-term guardians, the officer must, as soon as practicable—
(a)comply with subsection (2)(a) to (c) as if the reference in subsection (2)(a) to parents were a reference to long-term guardians; and
(b)comply, or make a reasonable attempt to comply, with subsection (2)(a).
(4)Subsections (2) and (3) do not require the officer to tell the child’s parents or long-term guardians in whose care the child has been placed.
(5)The officer’s obligation under subsection (2)(a)(i) or (3) to give reasons for taking the child into custody is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes—
(a)someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the provision may jeopardise an investigation into the offence; or
(b)compliance with the provision may expose the child to harm.
(6)If, under subsection (3)(b), the officer does not comply with subsection (2)(a) but makes a reasonable attempt to comply, the officer must document full details about the actions taken by the officer in making the attempt.

s 20 sub 2010 No. 33s 17

21Moving child to safe place

(1)This section applies if—
(a)an authorised officer or police officer reasonably believes a child who is under 12 years is at risk of harm but does not consider it necessary to take the child into the chief executive’s custody to ensure the child’s protection; and
(b)a parent or other member of the child’s family is not present at the place where the child is, and, after reasonable inquiries, the officer can not contact a parent or other member of the child’s family.
(2)The officer may, with the help that is reasonable in the circumstances, move the child to a safe place and make arrangements for the child’s care at the place.
(3)As soon as practicable after moving the child, the officer must—
(a)take reasonable steps to tell at least 1 of the child’s parents or a family member of the child’s whereabouts; and
(b)if the officer is a police officer—tell the chief executive the child has been moved to a safe place and where the child has been moved.
(4)The child may be cared for at the place under the arrangements until the child’s parents or family members resume or assume the child’s care.
(5)The moving of the child does not—
(a)prevent the child’s parents or family members resuming or assuming care of the child; or
(b)affect existing parental rights for the child.

21AUnborn children

(1)This section applies if, before the birth of a child, the chief executive reasonably suspects the child may be in need of protection after he or she is born.
(2)The chief executive must take the action the chief executive considers appropriate including, for example—
(a)having an authorised officer investigate the circumstances and assess the likelihood that the child will need protection after he or she is born; or
(b)offering help and support to the pregnant woman.
(3)If the child is an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must consult with a recognised entity for the child for the purpose of—
(a)assessing the likelihood that the child may be in need of protection after he or she is born; and
(b)offering help and support to the pregnant woman.
(4)However, subsection (3) applies only if the pregnant woman agrees to the consultation taking place.
(5)The purpose of this section is to reduce the likelihood that the child will need protection after he or she is born (as opposed to interfering with the pregnant woman’s rights or liberties).

s 21A ins 2004 No. 13s 9

amd 2010 No. 33s 18

Part 2 Temporary assessment orders

Division 1 Preliminary

23Meaning of parent in pt 2

In this part—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

def parent amd 2010 No. 33s 19

s 23 sub 2000 No. 7s 6; 2003 No. 57s 39(1)sch 3

24Purpose of pt 2

(1)This part provides for the making of temporary assessment orders.
(2)A temporary assessment order is made to authorise actions necessary as part of an investigation to assess whether a child is a child in need of protection, if the consent of a parent of the child to the actions has not been able to be obtained or it is not practicable to take steps to obtain the parent’s consent.

Division 2 Applications for, and making and effect of, temporary assessment orders

25Making of application for order

(1)An authorised officer or police officer may apply to a magistrate for a temporary assessment order for a child.
(2)The officer must prepare a written application that states the following—
(a)the grounds on which it is made;
(b)the nature of the order sought;
(c)if taking the child into, or keeping the child in, the chief executive’s custody is sought—the proposed arrangements for the child’s care.
(3)The written application must be sworn.
(4)The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

s 25 amd 2010 No. 33s 20

26Deciding application

A magistrate may decide an application for a temporary assessment order without notifying the child’s parents of the application or hearing them on the application.

27Making of temporary assessment order

(1)The magistrate may make a temporary assessment order for the child only if the magistrate is satisfied—
(a)an investigation is necessary to assess whether the child is a child in need of protection; and
(b)the investigation can not be properly carried out unless the order is made.
(2)However, in deciding the application, the magistrate must also be satisfied reasonable steps have been taken to obtain appropriate parental consent to the doing of the things sought to be authorised under the order or it is not practicable to take steps to obtain the consent.
(3)In this section—
appropriate parental consent means—
(a)if the child does not have long-term guardians—the consent of at least 1 of the child’s parents; or
(b)if the child has long-term guardians—the consent of at least 1 of the long-term guardians.

s 27 amd 2010 No. 33s 21

28Provisions of temporary assessment order

(1)The magistrate may make a temporary assessment order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances—
(a)authorising an authorised officer or police officer—
(i)to have contact with the child; and
(ii)if the magistrate is satisfied it is necessary to provide interim protection for the child while the investigation is carried out—to take the child into, or keep the child in, the chief executive’s custody while the order is in force;
(b)authorising the child’s medical examination or treatment;

Note—

Section 97 applies to the medical examination or treatment.
(c)directing a parent not to have contact (direct or indirect)—
(i)with the child; or
(ii)with the child other than when a stated person or a person of a stated category is present.
(2)In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the magistrate is satisfied—
(a)entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and
(b)the entry is necessary for the effective enforcement of the order.
(3)On entering a place, an authorised officer or police officer may remain in the place for as long as the officer reasonably considers necessary for exercising the officer’s powers under this section.
(4)An authorised officer or police officer may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.

s 28 amd 2000 No. 7s 7

29Duration of temporary assessment orders

(1)A temporary assessment order must state the time when it ends.
(2)The stated time must not be more than 3 business days after the day the order is made.
(3)The order ends at the stated time unless it is extended.
(4)Regardless of subsections (1) to (3), the order ends when the child turns 18 years.

s 29 amd 2010 No. 33s 22

30Application by particular forms of communication and duplicate order

(1)An application under section 25 may be made by phone, fax, radio or another form of communication if the authorised officer or police officer reasonably considers it necessary because of—
(a)urgent circumstances; or
(b)other special circumstances (including, for example, the officer’s remote location).
(2)The application—
(a)may not be made before the officer prepares the written application under section 25 (2); but
(b)may be made before the written application is sworn.
(3)The magistrate may make the order (the original order) only if the magistrate is satisfied—
(a)it was necessary to make the application under subsection (1); and
(b)the way the application was made under subsection (1) was appropriate.
(4)After the magistrate makes the original order—
(a)if there is a reasonably practicable way of immediately giving a copy of the order to the officer (for example, by sending a copy by fax), the magistrate must immediately give a copy of the order to the officer; or
(b)otherwise—
(i)the magistrate must tell the officer the date and time the order was made and the other terms of the order; and
(ii)the officer must complete a form of the order, including by writing on it—
(A)the magistrate’s name; and
(B)the date and time the magistrate made the order; and
(C)the other terms of the order.
(5)The copy of the order mentioned in subsection (4)(a), or the form of the order completed under subsection (4)(b), (in either case the duplicate order) is a duplicate of, and as effectual as, the original order.
(6)The officer must, at the first reasonable opportunity, send to the magistrate—
(a)the written application complying with section 25 (2) and (3); and
(b)if the officer completed a form of the order under subsection (4)(b)—the completed form of the order.
(7)The magistrate must keep the original order and, on receiving the documents under subsection (6)—
(a)attach the documents to the original order; and
(b)give the original order and documents to the clerk of the court of the relevant magistrates court.
(8)Despite subsection (7), if—
(a)an issue arises in a proceeding about whether an exercise of a power was authorised by an order made under this section; and
(b)the original order is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove an order authorised the exercise of the power.

s 30 sub 2010 No. 33s 23

31Order—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary assessment order.
(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—
(a)identify himself or herself to a person present at the place who is an occupier of the place;
(b)give the person—
(i)a copy of the order so far as it relates to the entry and searching of the place; or
(ii)if the entry and searching is authorised by a duplicate order under section 30 (5), a copy of the duplicate order so far as it relates to the entry and searching of the place;
(c)tell the person the officer is permitted by the order to enter and search the place to find the child;
(d)give the person an opportunity to allow the officer immediate entry to the place without using force.
(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
(4)However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.

s 31 amd 2010 No. 33s 24

Division 3 Other provisions about temporary assessment orders

32Explanation of temporary assessment orders

(1)If the child does not have long-term guardians, then, immediately after a temporary assessment order is made for a child, the applicant for the order must—
(a)give a copy of the order, or duplicate order under section 30 (5), to at least 1 of the child’s parents; and
(b)explain the terms and effect of the order; and
(c)inform the parent—
(i)about the right of appeal; and
(ii)that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and

Note—

Under section 29 , the duration of a temporary assessment order must be not more than 3 business days.
(iii)how to appeal; and
(d)tell the child about the order.

Note—

Section 195 deals with compliance with provisions about giving information.
(2)If the child has long-term guardians, then, immediately after a temporary assessment order is made for a child, the applicant for the order must—
(a)comply with subsection (1)(a) to (d) as if a reference to parents were a reference to long-term guardians; and
(b)comply, or make a reasonable attempt to comply, with subsection (1)(a) to (c).
(3)If, under subsection (2)(b), the applicant does not comply with subsection (1)(a) to (c) but makes a reasonable attempt to comply, the applicant must document full details about the actions taken by the applicant in making the attempt.

s 32 amd 2010 No. 33s 25

33Police officers to notify chief executive of certain orders

If a temporary assessment order is made on the application of a police officer, the officer must immediately give copies of the application and order to the chief executive.

34Extension of temporary assessment orders

(1)An authorised officer or police officer may apply to a magistrate for an order to extend the term of a temporary assessment order for a child.
(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary assessment order.
(3)The magistrate may extend the temporary assessment order only if the magistrate is satisfied the order has not ended.
(4)The temporary assessment order may be extended until the end of the next business day after it would have otherwise ended if the magistrate is satisfied the officer intends to apply for a court assessment order or the litigation director intends to apply for a child protection order for the child within the extended term.
(5)Unless subsection (4) applies, the temporary assessment order may not be extended to a time ending more than 3 business days after the day it was made.
(6)A temporary assessment order may not be extended more than once under subsection (4).

s 34 sub 2000 No. 7s 8

amd 2010 No. 33s 26; 2016 No. 23s 51A

35Variation of temporary assessment orders

(1)An authorised officer or police officer may apply to a magistrate for an order to vary a temporary assessment order for a child.
(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary assessment order.

s 35 ins 2000 No. 7s 9

36Effect of temporary assessment order on existing child protection orders

If a temporary assessment order is made for a child for whom a child protection order is already in force, the temporary assessment order prevails to the extent of any inconsistency between the orders.

Part 3 Court assessment orders

Division 1 Preliminary

37Meaning of parent in pt 3

In this part—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

def parent amd 2010 No. 33s 27

s 37 sub 2000 No. 7s 10; 2003 No. 57s 39(1)sch 3

38Purpose of pt 3

(1)This part provides for the making of court assessment orders.
(2)A court assessment order is made to authorise actions necessary as part of an investigation to assess whether a child is a child in need of protection if—
(a)the consent of a parent of the child to the actions has not been able to be obtained or it is not practicable to take steps to obtain the parent’s consent; and
(b)more than 3 business days is necessary to complete the investigation and assessment.

Note—

Under part 2 , a temporary assessment order may be obtained for not more than 3 business days.

s 38 amd 2010 No. 33s 28

Division 2 Application for, and making and effect of, court assessment orders

39Application for court assessment order

(1)An authorised officer or police officer may apply to the Childrens Court for a court assessment order for a child.
(2)The application must—
(a)be sworn; and
(b)state the grounds on which it is made; and
(c)state the nature of the order sought; and
(d)comply with applicable rules of court; and
(e)be filed in the court.

40Registrar to fix time and place for hearing

When the application is filed, the registrar of the Childrens Court must immediately fix a time and place for hearing the application having regard to the principle that it is in the best interests of the child for the application to be heard as soon as possible.

40APublic guardian to be notified, under an arrangement, of applications etc. for orders

(1)The public guardian and the registrar of the Childrens Court at a place may enter into an arrangement under which the registrar advises the public guardian of—
(a)all applications for a court assessment order filed at the place; and
(b)all hearings of applications at the place identified under the arrangement.
(2)The registrar of the Childrens Court must give notice of the applications and hearings to the public guardian in a way, and within the time, agreed with the public guardian under the arrangement.

s 40A ins 2014 No. 26s 193

41Notice of application

(1)As soon as practicable after the application is filed, the applicant must do the following—
(a)if the child does not have long-term guardians—personally serve a copy of the application on each of the child’s parents;
(b)if the child has long-term guardians—
(i)personally serve a copy of the application on each of the long-term guardians; and
(ii)personally serve, or make a reasonable attempt to personally serve, a copy of the application on each of the child’s parents other than the long-term guardians;
(c)tell the child about the application.

Note—

Section 195 deals with compliance with provisions about giving information.
(2)If the applicant makes a reasonable attempt to personally serve, but does not personally serve, a copy of the application under subsection (1)(b)(ii), the applicant must document full details about the actions taken in making the attempt.

Example of how an applicant may make a reasonable attempt—

leaving a copy of the application at, or posting a copy of the application to, the parent’s last known residential address
(3)Also, if the applicant is a police officer, the applicant must immediately give a copy of the application to the chief executive.
(4)A copy of the application served under this section must state—
(a)when and where the application is to be heard; and
(b)for a copy served on a parent—that the application may be heard and decided even though the parent does not appear in court.

s 41 amd 2000 No. 7s 11; 2010 No. 33s 29

42Respondents to application

The child’s parents are respondents to the application.

43Hearing of application in absence of parents

(1)The Childrens Court may hear and decide the application in the absence of the child’s parents only if—
(a)the parents have been given reasonable notice of the hearing and fail to attend or continue to attend the hearing; or
(b)it is satisfied it was not practicable to give the parents notice of the hearing.
(2)Subsection (1) does not limit the jurisdiction of the court to exclude a person from a proceeding.

44Making of court assessment order

The Childrens Court may make a court assessment order only if the court is satisfied an investigation is necessary to assess whether the child is a child in need of protection and the investigation can not be properly carried out unless the order is made.

45Provisions of court assessment order

(1)The order may provide for any 1 or more of the following the court considers to be appropriate in the circumstances—
(a)authorising an authorised officer or police officer to have contact with the child;
(b)authorising the medical examination or treatment of the child;
(c)if the court is satisfied it is necessary to provide interim protection for the child while the investigation is carried out—
(i)granting temporary custody of the child to the chief executive; and
(ii)authorising an authorised officer or police officer to take the child into, or keep the child in, the chief executive’s custody while the order is in force;
(d)making provision about the child’s contact with the child’s family during the chief executive’s custody of the child;
(e)directing a parent not to have contact (direct or indirect)—
(i)with the child; or
(ii)with the child other than when a stated person or a person of a stated category is present.
(2)Before making an order under subsection (1)(d), the court must consider the views of the chief executive about the child’s contact with the child’s family, including—
(a)whether any contact with the child should be supervised; and
(b)the duration and frequency of any contact with the child.
(3)In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the court is satisfied—
(a)entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and
(b)the entry is necessary for the effective enforcement of the order.
(4)On entering a place, an authorised officer or police officer may remain in the place for as long as the officer considers necessary for exercising the officer’s powers under this section.
(5)An authorised officer or police officer may exercise the officer’s powers under the order with the help, and using the force, that is reasonable in the circumstances.

s 45 amd 2000 No. 7s 12; 2010 No. 33s 30

46Order—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under an authority under a court assessment order.
(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—
(a)identify himself or herself to a person present at the place who is an occupier of the place;
(b)give the person a copy of the order so far as it relates to the entry and searching of the place;
(c)tell the person the officer is permitted by the order to enter and search the place to find the child;
(d)give the person an opportunity to allow the officer immediate entry to the place without using force.
(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
(4)However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.

47Duration of court assessment orders

(1)A court assessment order for a child must state the time when it ends.
(2)The stated time must not be more than 4 weeks after the day the hearing of the application for the order is first brought before the court.

Note—

Under section 40 , the registrar fixes the time and place for hearing the application.
(3)The order ends at the stated time unless it is extended or earlier revoked.
(4)Regardless of subsections (1) to (3), the order ends when the child turns 18 years.

Division 3 Other provisions about court assessment orders

48Chief executive’s obligations after making of court assessment order

As soon as practicable after a court assessment order for a child is made, the chief executive must give to the parties to the application for the order—
(a)a copy of the order; and
(b)a written notice—
(i)explaining the terms and effect of the order; and
(ii)stating that a party may appeal against the decision to make the order within 28 days after the order is made; and
(iii)stating how to appeal.

49Extension of court assessment orders

(1)An authorised officer may apply to the Childrens Court for an order to extend the term of a court assessment order for not more than 4 weeks.
(2)This part applies, with all necessary changes, to the application as if it were an application for a court assessment order.
(3)The court may extend the term of the order only if the court is satisfied—
(a)the order has not ended; and
(b)the extension is in the child’s best interests.
(4)A court assessment order may not be extended more than once.

s 49 amd 2000 No. 7s 13

50Variation and revocation of court assessment orders

(1)An authorised officer may apply to the Childrens Court for an order to vary or revoke a court assessment order.
(2)This part applies, with all necessary changes, to the application as if it were an application for a court assessment order.
(3)Without limiting the things to which the court may have regard in deciding the application, the court may have regard to a contravention of the court assessment order or this Act.

51Effect of court assessment order on existing child protection orders

If a court assessment order is made for a child for whom a child protection order is already in force, the court assessment order prevails to the extent of any inconsistency between the orders.

s 51 ins 2000 No. 7s 14

Part 3AA Temporary custody orders

Division 1 Preliminary

div 1 (ss 51AA–51AB) ins 2010 No. 33s 31

51AAMeaning of parent in pt 3AA

In this part—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

div 1 (ss 51AA–51AB) ins 2010 No. 33s 31

51ABPurpose

(1)This part provides for the making of temporary custody orders.
(2)The purpose of a temporary custody order is to authorise the action necessary to ensure the immediate safety of a child while the chief executive decides the most appropriate action to meet the child’s ongoing protection and care needs (for example, applying for a child protection order).

div 1 (ss 51AA–51AB) ins 2010 No. 33s 31

Division 2 Applications for, and making and effect of, temporary custody orders

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

51ACMaking of application for order

(1)An authorised officer may apply to a magistrate for a temporary custody order for a child.
(2)The officer must prepare a written application that states the following—
(a)the grounds on which it is made;
(b)the nature of the order sought;
(c)the proposed arrangements for the child’s care.
(3)The written application must be sworn.
(4)The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

51ADDeciding application

A magistrate may decide an application for a temporary custody order without notifying the child’s parents of the application or hearing them on the application.

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

51AEMaking of temporary custody order

The magistrate may make a temporary custody order for the child only if the magistrate is satisfied—
(a)the child will be at unacceptable risk of suffering harm if the order is not made; and
(b)the chief executive will be able, within the term of the temporary custody order, to decide the most appropriate action to meet the child’s ongoing protection and care needs and start taking that action.

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

51AFProvisions of temporary custody order

(1)The magistrate may make a temporary custody order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances—
(a)authorising an authorised officer or police officer—
(i)to have contact with the child; and
(ii)to take the child into, or keep the child in, the chief executive’s custody while the order is in force;
(b)authorising the child’s medical examination or treatment;

Note—

Section 97 applies to the medical examination or treatment.
(c)directing a parent not to have contact (direct or indirect)—
(i)with the child; or
(ii)with the child other than when a stated person or a person of a stated category is present.
(2)In addition, the order may authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the magistrate is satisfied—
(a)entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and
(b)the entry is necessary for the effective enforcement of the order.
(3)On entering a place, an authorised officer or police officer may remain in the place for as long as the officer reasonably considers necessary for exercising the officer’s powers under this section.
(4)An authorised officer or police officer may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

51AGDuration of temporary custody orders

(1)A temporary custody order must state the time when it ends.
(2)The stated time must not be more than 3 business days after the day the order is made.
(3)The order ends at the stated time unless it is extended.
(4)Regardless of subsections (1) to (3), the order ends when the child turns 18 years.

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

51AHExtension of temporary custody orders

(1)An authorised officer may apply to a magistrate for an order to extend the term of a temporary custody order for a child.
(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary custody order.
(3)The magistrate may extend the temporary custody order only if the magistrate is satisfied the order has not ended.
(4)The temporary custody order may be extended until the end of the next business day after it would otherwise have ended if the magistrate is satisfied the litigation director intends to apply for a child protection order for the child within the extended term.
(5)Unless subsection (4) applies, the temporary custody order may not be extended to a time ending more than 3 business days after the day it was made.
(6)A temporary custody order may not be extended more than once under subsection (4).

s 51AH ins 2010 No. 33s 31

amd 2016 No. 23s 51AB

51AIApplication by particular forms of communication and duplicate order

(1)An application under section 51AC may be made by phone, fax, radio or another form of communication if the authorised officer reasonably considers it necessary because of—
(a)urgent circumstances; or
(b)other special circumstances (including, for example, the officer’s remote location).
(2)The application—
(a)may not be made before the officer prepares the written application under section 51AC (2); but
(b)may be made before the written application is sworn.
(3)The magistrate may make the order (the original order) only if the magistrate is satisfied—
(a)it was necessary to make the application under subsection (1); and
(b)the way the application was made under subsection (1) was appropriate.
(4)After the magistrate makes the original order—
(a)if there is a reasonably practicable way of immediately giving a copy of the order to the officer (for example, by sending a copy by fax), the magistrate must immediately give a copy of the order to the officer; or
(b)otherwise—
(i)the magistrate must tell the officer the date and time the order was made and the other terms of the order; and
(ii)the officer must complete a form of the order, including by writing on it—
(A)the magistrate’s name; and
(B)the date and time the magistrate made the order; and
(C)the other terms of the order.
(5)The copy of the order mentioned in subsection (4)(a), or the form of the order completed under subsection (4)(b), (in either case the duplicate order) is a duplicate of, and as effectual as, the original order.
(6)The officer must, at the first reasonable opportunity, send to the magistrate—
(a)the written application complying with section 51AC (2) and (3); and
(b)if the officer completed a form of the order under subsection (4)(b)—the completed form of the order.
(7)The magistrate must keep the original order and, on receiving the documents under subsection (6)—
(a)attach the documents to the original order; and
(b)give the original order and documents to the clerk of the court of the relevant magistrates court.
(8)Despite subsection (7), if—
(a)an issue arises in a proceeding about whether an exercise of a power was authorised by an order made under this section; and
(b)the original order is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove an order authorised the exercise of the power.

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

51AJOrder—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary custody order.
(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—
(a)identify himself or herself to a person present at the place who is an occupier of the place;
(b)give the person—
(i)a copy of the order so far as it relates to the entry and searching of the place; or
(ii)if the entry and searching is authorised by a duplicate order under section 51AI (5), a copy of the duplicate order so far as it relates to the entry and searching of the place;
(c)tell the person the officer is permitted by the order to enter and search the place to find the child;
(d)give the person an opportunity to allow the officer immediate entry to the place without using force.
(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
(4)However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.

div 2 (ss 51AC–51AJ) ins 2010 No. 33s 31

Division 3 Other provisions about temporary custody orders

div 3 (ss 51AK–51AM) ins 2010 No. 33s 31

51AKExplanation of temporary custody orders

(1)This section applies if a temporary custody order is made for a child.
(2)If the child does not have long-term guardians, the applicant for the order must immediately—
(a)provide at least 1 of the child’s parents with—
(i)a copy of the order or the duplicate order under section 51AI (5); and
(ii)an explanation of the terms and effect of the order; and
(iii)information—
(A)about the right of appeal; and
(B)that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and
(C)about how to appeal; and
(b)tell the child about the order.

Note—

Section 195 deals with compliance with provisions about giving information.
(3)If the child has long-term guardians, the applicant for the order must immediately—
(a)comply with subsection (2)(a) as if a reference to parents were a reference to long-term guardians; and
(b)comply, or make a reasonable attempt to comply, with subsection (2)(a) in relation to the child’s parents other than the long-term guardians; and
(c)comply with subsection (2)(b).
(4)If, under subsection (3)(b), the applicant does not comply with subsection (2)(a) in relation to the child’s parents other than the long-term guardians, but makes a reasonable attempt to comply, the applicant must document full details about the actions taken by the applicant in making the attempt.

div 3 (ss 51AK–51AM) ins 2010 No. 33s 31

51ALVariation of temporary custody orders

(1)An authorised officer may apply to a magistrate for an order to vary a temporary custody order for a child.
(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary custody order.

div 3 (ss 51AK–51AM) ins 2010 No. 33s 31

51AMEffect of temporary custody order on existing child protection orders

(1)This section applies if a temporary custody order is made for a child for whom a child protection order is already in force.
(2)The child protection order, so far as it relates to the child’s custody or guardianship, ceases to have effect while the chief executive’s custody of the child continues under the temporary custody order.

div 3 (ss 51AK–51AM) ins 2010 No. 33s 31

Part 3A Case planning

pt hdg ins 2004 No. 36s 15

Division 1 Preliminary

div hdg ins 2004 No. 36s 15

51AWhat is case planning

Case planning is the process of developing a case plan for a child and then regularly reviewing it.

s 51A ins 2004 No. 36s 15

51BWhat is a case plan

(1)A case plan for a child is a written plan for meeting the child’s protection and care needs.
(2)A case plan may include any of the following matters—
(a)a goal or goals to be achieved by implementing the plan;
(b)arrangements about where or with whom the child will live, including interim arrangements;
(c)services to be provided to meet the child’s protection and care needs and promote the child’s future wellbeing;
(d)matters for which the chief executive will be responsible, including particular support or services;
(e)the child’s contact with the child’s family group or other persons with whom the child is connected;
(f)arrangements for maintaining the child’s ethnic and cultural identity;
(g)matters for which a parent or carer will be responsible;
(h)a proposed review day for the plan.

s 51B ins 2004 No. 36s 15

51CChildren for whom case plans are required

The chief executive must ensure a case plan is developed for each child who the chief executive is satisfied—
(a)is a child in need of protection; and
(b)needs ongoing help under this Act.

Notes—

1Ongoing help under this Act may be, for example—
giving support services to the child and his or her family
arranging for the child to be placed in care under a care agreement
seeking a child protection order for the child.
2A case plan may not be required for a particular child because another entity is working to address the child’s protection and care needs and, as part of the work, is undertaking case planning with the child and the child’s family.

s 51C ins 2004 No. 36s 15

amd 2005 No. 40s 9

51DHow case planning must be carried out

(1)The chief executive must ensure case planning for a child is carried out in a way—
(a)that enables timely decision-making; and
(b)that is consistent with the principles for administering this Act; and
(c)that encourages and facilitates the participation of—
(i)the child; and
(ii)the child’s parents; and
(iii)other appropriate members of the child’s family group; and
(iv)for an Aboriginal or Torres Strait Islander child—Aboriginal or Torres Strait Islander agencies and persons; and

Note—

Section 6 (5) requires consultations, negotiations, family group meetings and other proceedings involving an Aboriginal person or Torres Strait Islander to be conducted in a way and in a place that is appropriate to Aboriginal tradition or Island custom.
(v)other appropriate persons; and
(d)that facilitates input from other appropriate entities; and

Example of input from another entity—

information given by a local health agency about services available to a family
(e)that gives priority to the child’s needs for long-term stable care and continuity of relationships; and
(f)that enables the persons involved to understand it.

Examples for paragraph (f)—

1The chief executive should explain the case planning process to a child using language appropriate to the child’s age, language skills and circumstances.
2The chief executive should tell a child’s parents about child protection concerns, and explain steps in the case planning process to them, in a way that helps them to understand, ask questions and participate in any discussion. For a parent from a non-English speaking background, this may involve the use of an interpreter.
(2)The chief executive must give participants in case planning the information they reasonably need to participate effectively.
(3)The information must be given to the participants in a timely way to facilitate their effective participation.

s 51D ins 2004 No. 36s 15

amd 2005 No. 40s 10; 2010 No. 33s 32

51EWho is a child’s family group

For this part, a child’s family group includes—
(a)members of the child’s extended family; and
(b)if the child belongs to a clan, tribe or similar group—members of that group; and
(c)anyone else recognised by persons mentioned in paragraph (a) or (b) as belonging to the child’s family.

s 51E ins 2004 No. 36s 15

51FMeaning of parent in pt 3A

In this part—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

def parent amd 2010 No. 33s 33

s 51F ins 2004 No. 36s 15

Division 2 Family group meetings

div 2 (ss 51G–51J) ins 2004 No. 36s 15

51GPurposes

The purposes of family group meetings are—
(a)to provide family-based responses to children’s protection and care needs; and
(b)to ensure an inclusive process for planning and making decisions relating to children’s wellbeing and protection and care needs.

div 2 (ss 51G–51J) ins 2004 No. 36s 15

51HConvening a meeting

(1)The chief executive must convene a family group meeting, or have a private convenor convene a family group meeting, to develop a case plan for a child.
(2)A family group meeting convened to develop a case plan is a case planning meeting.
(3)The chief executive may also convene a family group meeting or have a private convenor convene a family group meeting—
(a)to review a case plan under division 5 and prepare a revised case plan; or
(b)to consider, make recommendations about, or otherwise deal with, another matter relating to the child’s wellbeing and protection and care needs.
(4)Also, under section 68 , the Childrens Court may order that a family group meeting be convened.

div 2 (ss 51G–51J) ins 2004 No. 36s 15

51IPrivate convenors

(1)A private convenor is a person, other than the chief executive or a delegate or other representative of the chief executive, who convenes a family group meeting under this part by arrangement with the chief executive.
(2)The chief executive may have a person convene a family group meeting as a private convenor only if the chief executive is satisfied the person is appropriately qualified.
(3)If the chief executive has a private convenor convene a family group meeting, the chief executive must ensure the private convenor complies with this part in relation to the meeting.
(4)For section 197 (3), definition official, a private convenor is a person acting under the direction of the chief executive.

div 2 (ss 51G–51J) ins 2004 No. 36s 15

51JFunction

(1)The function of a family group meeting is to deal with the matters, relating to a child’s protection and care needs or wellbeing, for which the meeting was convened.
(2)For a case planning meeting, this includes—
(a)considering the child’s protection and care needs; and
(b)agreeing on a plan to meet those needs and promote the child’s wellbeing.

div 2 (ss 51G–51J) ins 2004 No. 36s 15

Division 3 Case planning at a family group meeting

div hdg ins 2004 No. 36s 15

51KApplication of div 3

This division applies to a case planning meeting.

s 51K ins 2004 No. 36s 15

51LWho should be involved

(1)The convenor must give the following persons a reasonable opportunity to attend and participate in the meeting—
(a)the child, unless it would be inappropriate because of the child’s age or ability to understand;
(b)the child’s parents;
(c)other members of the child’s family group who the convenor considers likely to make a useful contribution to the plan’s development at the meeting;
(d)other persons with whom the child has a significant relationship;

Example—

An approved carer may be someone with whom the child has a significant relationship.
(e)any legal representative of the child;
(f)if the child is an Aboriginal or Torres Strait Islander child—a recognised entity, or member of a recognised entity, for the child;
(g)the public guardian;
(h)anyone else who the convenor considers likely to make a useful contribution to the plan’s development at the meeting;
(i)if the convenor is a private convenor—the chief executive;
(j)on the request of the chief executive—the litigation director.
(2)The convenor must also allow the child or a parent of the child to have someone attend and participate in the meeting to give help or support to the child or parent.

Examples—

a youth worker
an Aboriginal or Torres Strait Islander elder
a representative within the child’s cultural community
a legal representative
(3)To remove any doubt, it is declared that a requirement to allow a person to attend or participate in the meeting under subsection (1) or (2) applies whether or not the child’s parents agree to the person’s attendance or participation.
(4)The convenor is not required to allow a particular person to attend or participate in the meeting under subsection (1)(b) to (d) or (2) if the convenor is satisfied that person’s attendance or participation would be contrary to the purposes of the meeting or not in the child’s best interests.

s 51L ins 2004 No. 36s 15

amd 2005 No. 40s 11; 2014 No. 26s 194; 2016 No. 23s 52

51MPreparing for the meeting

(1)Before holding the meeting, the convenor must inform the invitees—
(a)that the chief executive considers the child is a child in need of protection; and
(b)the assessed risks to the child and the child’s assessed needs; and
(c)details of the proposed meeting, including—
(i)the proposed day, time and venue for the meeting; and
(ii)the purpose and functions of the meeting; and
(iii)particular issues to be addressed at the meeting; and
(iv)the opportunities for attendees to identify issues or deal with particular issues.
(2)In this section—
invitee means a person mentioned in section 51L (1) other than a person mentioned in section 51L (4).

s 51M ins 2004 No. 36s 15

51NObtaining the views of persons not attending

The convenor must take reasonable steps to ascertain before the meeting, and make known at the meeting, the views relevant to the meeting of the following persons and entities—
(a)the child, if the child’s views may reasonably be ascertained and the convenor does not expect the child to be attending;
(b)another person mentioned in section 51L (1) who notifies the convenor that he or she will not be attending;
(c)a member of the child’s family group who, under section 51L (4), has not been invited to the meeting but whose views, in the convenor’s opinion, should be obtained;
(d)a relevant service provider.

Example of a relevant service provider—

a member of the SCAN system involved in assessing and responding to the child’s protection needs

s 51N ins 2004 No. 36s 15

51ORecording the case plan developed at the meeting

If a case plan is developed at the meeting, the convenor must record the plan in the approved form and, if the convenor is a private convenor, give it to the chief executive.

s 51O ins 2004 No. 36s 15

51PDevelopment of plan at more than 1 meeting

A case plan may be developed at more than 1 meeting under this division.

s 51P ins 2004 No. 36s 15

Division 4 Other steps in the case planning process

div hdg ins 2004 No. 36s 15

51QDealing with a case plan developed at a meeting

Within 10 business days after a case plan is developed at a case planning meeting, the chief executive must endorse the plan unless section 51R applies.

s 51Q ins 2004 No. 36s 15

amd 2010 No. 33s 34

51RDealing with an inappropriate plan

(1)This section applies if the chief executive is satisfied a case plan developed at a case planning meeting, or something in the plan, is clearly impracticable or not in the child’s best interests.
(2)The chief executive may—
(a)reconvene, or have a private convenor reconvene, the case planning meeting under division 3 to develop an amended case plan; or
(b)convene, or have a private convenor convene, another case planning meeting under division 3 to develop an amended case plan; or
(c)amend the case plan and endorse the amended plan.
(3)The chief executive may amend the case plan under subsection (2)(c)—
(a)only to the extent necessary to ensure the plan is practicable and in the child’s best interests; and
(b)only within 7 days after the case planning meeting at which it was developed; and
(c)if the meeting was convened by a private convenor, only after consulting with the private convenor.
(4)If the chief executive amends the case plan under subsection (2)(c), the chief executive must give written notice of the amendment, and the reasons for the amendment, to each person who was at the meeting at which the plan was developed.

s 51R ins 2004 No. 36s 15

51SPreparing the plan if not developed at a meeting

(1)This section applies if a case plan is not developed at the case planning meeting or meetings held under division 3 .
(2)This section also applies if it has not been possible for the chief executive to convene a family group meeting, or have a private convenor convene a family group meeting, under section 51H (1).
(3)The chief executive must—
(a)take reasonable steps to obtain the views of any of the following persons and entities whose views have not yet been obtained—
(i)the child, if the child’s views may reasonably be ascertained;
(ii)another person mentioned in section 51L (1);
(iii)another member of the child’s family group whose views, in the chief executive’s opinion, should be obtained;
(iv)a relevant service provider; and
(b)having regard to the views (if any), prepare a case plan, in the approved form, that the chief executive is satisfied best meets the child’s protection and care needs and endorse the plan.
(4)If the meeting mentioned in subsection (1) was convened under a court order under section 68 (1)(d)(i), the chief executive must file the plan prepared under this section in the court.

s 51S ins 2004 No. 36s 15

51TDistributing and implementing the plan

After a case plan has been recorded in the approved form and endorsed, the chief executive must—
(a)give a copy of the plan to the child, unless that would be inappropriate having regard to the child’s age and ability to understand; and
(b)explain the plan to the child in a way, and to an extent, that is reasonable, having regard to the child’s age and ability to understand; and
(c)give a copy of the plan to—
(i)the child’s parents; and
(ii)anyone else affected by the plan or who the chief executive considers should receive a copy; and

Examples of persons who may be given a copy—

an approved carer
an elder or other respected person of the child’s community
(d)support the implementation of the plan.

Example of supporting the implementation of the plan—

The chief executive may provide, or arrange for another entity to provide, a service to the child’s family.

s 51T ins 2004 No. 36s 15

amd 2005 No. 40s 12

Division 5 Periodically reviewing the case plan

div hdg ins 2004 No. 36s 15

51UApplication of div 5

This division applies to a child for whom a case plan has been developed, while—
(a)a child protection order is in force for the child; or
(b)the child otherwise remains a child mentioned in section 51C .

s 51U ins 2004 No. 36s 15

51VReview of plan—no long-term guardian

(1)This section applies if the child does not have a long-term guardian.
(2)The chief executive must regularly review the case plan.
(3)In deciding when, or how often, to review the plan, the chief executive must have regard to—
(a)the child’s age and circumstances; and
(b)the nature of the arrangements in place under the plan; and
(c)any problems or potential problems with the plan, or ways the plan might be improved, of which the chief executive is aware; and
(d)if a child protection order for the child is in force—the duration of the order.
(4)In any case, the review must happen at least every 6 months.
(5)After reviewing the plan, the chief executive must prepare—
(a)a report about the review under section 51X ; and
(b)a revised case plan.

s 51V ins 2004 No. 36s 15

amd 2010 No. 33s 35

51VAReview of plan—long-term guardian

(1)This section applies if the child has a long-term guardian.
(2)The chief executive must contact the child at least once every 12 months to give the child an opportunity to make comments or queries about, or ask for a review of, the child’s case plan.
(3)The long-term guardian must allow the chief executive to have contact with the child at least once every 12 months.
(4)At any time, the child or the long-term guardian may ask the chief executive to review the case plan.
(5)Also, at any time, a parent of the child may ask the chief executive to review the case plan if the plan has not been reviewed in the previous 12 months.
(6)On a request under subsection (4) or (5)—
(a)the chief executive may decide not to review the plan if satisfied—
(i)the child’s circumstances have not changed significantly since the plan was finalised or, if it has been reviewed, since the most recent review; or
(ii)for another reason, it would not be appropriate in all the circumstances; or
(b)otherwise, the chief executive must review the plan and prepare—
(i)a report about the review under section 51X ; and
(ii)a revised case plan.
(7)If, on a request under subsection (4) or (5), the chief executive decides not to review the case plan, the chief executive must give written notice of the decision to—
(a)the person who made the request; and
(b)if it was the child who made the request—the long-term guardian.
(8)The notice mentioned in subsection (7) must comply with the QCAT Act , section 157(2).

s 51VA ins 2010 No. 33s 36

amd 2016 No. 24s 5

51WWho may participate

(1)The chief executive must give the following persons a reasonable opportunity to participate in the review and preparation of the revised case plan—
(a)the child, unless it would be inappropriate because of the child’s age or ability to understand;
(b)the child’s parents;
(c)other members of the child’s family group who the chief executive considers are likely to make a useful contribution;
(d)other persons with whom the child has a significant relationship;

Example—

An approved carer may be someone with whom the child has a significant relationship.
(e)any legal representative of the child;
(f)if the child is an Aboriginal or Torres Strait Islander child—a recognised entity, or member of a recognised entity, for the child;
(g)the public guardian;
(h)a relevant service provider;
(i)anyone else who the chief executive considers is likely to make a useful contribution to the review.
(2)To enable the participation, the chief executive may convene a family group meeting or have a private convenor convene a family group meeting.
(3)If a family group meeting or other meeting is convened for the purpose of the review and the child or a parent of the child attends, the convenor must allow the child or parent to have someone attend and participate in the meeting to give help or support to the child or parent.
(4)To remove any doubt, it is declared that a requirement to allow a person to attend or participate in a meeting under this section, or otherwise participate in the review, applies whether or not the child’s parents agree to the person’s attendance or participation.
(5)The convenor of a meeting under this section is not required to allow a particular person to attend or participate in the meeting, under subsection (1)(b) to (d) or (3), if the convenor is satisfied that person’s attendance or participation would be contrary to the purposes of the meeting or not in the child’s best interests.

s 51W ins 2004 No. 36s 15

amd 2005 No. 40s 13; 2014 No. 26s 195

51XReport about the review

(1)The report about the review must include the following matters—
(a)the goals in the previous case plan that have been achieved or are yet to be achieved;
(b)any changes to the goals in the revised case plan;
(c)any services provided to the child under the previous case plan or the revised case plan;
(d)the extent to which the living arrangements and contact arrangements under the previous case plan have been meeting the child’s needs;
(e)who participated in the review and how they participated, including whether a family group meeting was held and who attended.
(2)The report must also address how the revised case plan gives priority to the child’s need for long-term stable care.
(3)For subsection (2), if the child is placed in the care of someone other than a parent of the child under a child protection order granting custody or short-term guardianship of the child, the report must state—
(a)the risks and benefits of returning the child to the care of a parent; and
(b)whether there is a real risk that the child’s need for long-term stable care will not be able to be met by returning the child to the care of a parent within a timeframe appropriate to the child’s age and circumstances; and
(c)if there is a real risk mentioned in paragraph (b), the progress made in planning for alternative long-term arrangements for the child, for example—
(i)arrangements for the child to live with a member of the child’s family under a child protection order granting long-term guardianship of the child; or
(ii)for a young child—arrangements for the child’s adoption under the Adoption Act 2009 ; or
(iii)for an older child—arrangements for the child’s transition to independent living.

s 51X ins 2004 No. 36s 15

amd 2009 No. 29s 368sch 2

51YDistributing and implementing the revised case plan

(1)This section applies after the chief executive has prepared the revised case plan.
(2)The chief executive must—
(a)give a copy of the plan to the child, unless that would be inappropriate having regard to the child’s age and ability to understand; and
(b)explain any changes in the plan to the child in a way, and to an extent, that is reasonable, having regard to the child’s age and ability to understand; and
(c)give a copy to the child’s parents and anyone else affected by the plan or who the chief executive considers should receive a copy; and
(d)support the implementation of the plan.

s 51Y ins 2004 No. 36s 15

Division 6 Admissibility or use of particular evidence

div hdg ins 2010 No. 33s 37

sub 2016 No. 24s 6

51YAEvidence relating to family group meetings

(1)Evidence of anything said or done at a family group meeting is inadmissible in a criminal proceeding before a court other than—
(a)with the consent of all persons participating in the family group meeting; or
(b)in a proceeding for an offence committed during the family group meeting.
(2)In a child protection proceeding, a person must not be taken to have admitted anything alleged about the person only because the person attended or participated in a family group meeting.
(3)However, if a person attends or participates in a family group meeting, subsection (2) does not affect the admissibility, in a child protection proceeding, of evidence of anything the person says or does at the meeting.

s 51YA ins 2010 No. 33s 37

amd 2016 No. 24s 7

51YBEvidence relating to case plans

(1)Evidence of anything recorded in a case plan is inadmissible in a criminal proceeding before a court other than with the consent of all persons mentioned in the case plan.
(2)In a child protection proceeding, a person must not be taken to have admitted anything alleged about the person only because the person participated in the development of, or agreed to, a case plan.

s 51YB ins 2010 No. 33s 37

amd 2016 No. 24s 8

Part 3B Intervention with parents’ agreement

pt hdg ins 2005 No. 40s 14

Division 1 Preliminary

div hdg ins 2005 No. 40s 14

51ZApplication of pt 3B

This part applies to a child if—
(a)there is no assessment order in force granting custody of the child to the chief executive and the chief executive—
(i)reasonably suspects the child is a child in need of protection and considers an investigation is necessary to assess the child’s need of protection; and
(ii)is satisfied it is necessary to provide interim protection for the child while the investigation is carried out; or
(b)there is no child protection order in force granting custody or guardianship of the child to anyone and the chief executive is satisfied the child—
(i)is a child in need of protection; and
(ii)needs ongoing help under this Act.

s 51Z ins 2005 No. 40s 14 (amd 2006 No. 17s 18(1))

51ZAWhat is intervention

The intervention for the child is the action taken by the chief executive to give the help, including ongoing help, that the child needs.

Examples—

giving support services to the child and his or her family
arranging for the child to be placed in care under a care agreement

s 51ZA ins 2005 No. 40s 14 (amd 2006 No. 17s 18(2))

Division 2 Preference for intervention with parents’ agreement

div hdg ins 2005 No. 40s 14

51ZBConsidering intervention with agreement

The chief executive must give proper consideration to intervening with the parents’ agreement if—
(a)the child’s views and wishes, if able to be ascertained, have been considered; and
(b)for a child to whom section 51Z (a) applies, the chief executive is satisfied the child’s parents are able and willing to work with the chief executive to meet the child’s interim protection needs while the investigation is carried out; and
(c)for a child to whom section 51Z (b) applies, the chief executive is satisfied—
(i)the child’s parents are able and willing to work with the chief executive to meet the child’s protection and care needs; and
(ii)it is likely that, by the end of the proposed intervention, the child’s parents will be able to meet the child’s protection and care needs.

s 51ZB ins 2005 No. 40s 14 (amd 2006 No. 17s 18(3))

51ZCWorking with the child and parents

If the chief executive decides to intervene with the parents’ agreement, the chief executive must—
(a)encourage and facilitate the participation of the child and child’s parents in—
(i)decisions about the most appropriate intervention for the child; and
(ii)the carrying out of the intervention; and
(b)encourage and facilitate the parents’ continuing involvement, during the intervention, with the child’s life and care.

s 51ZC ins 2005 No. 40s 14

Division 3 Care agreements

div hdg ins 2005 No. 40s 14

51ZDWhat is a care agreement

(1)A care agreement is an agreement between the chief executive and the child’s parents for the short-term placement of the child in the care of someone other than the parents.

Note—

Section 82 deals with the persons in whose care the child may be placed under a care agreement.
(2)A care agreement entered into for a child to whom section 51Z (a) applies is an assessment care agreement.
(3)A care agreement entered into for a child to whom section 51Z (b) applies is a child protection care agreement.

s 51ZD ins 2005 No. 40s 14 (amd 2006 No. 17s 18(4)–(5))

51ZEEntering an agreement

(1)The chief executive may enter into a care agreement for the child if satisfied—
(a)it would be in the child’s best interests to be temporarily placed in the care of someone other than the child’s parents; and
(b)it is not likely that, if the parents end the agreement, the child will be at immediate risk of harm.
(2)The chief executive must obtain and have regard to the child’s views before entering into the care agreement, unless the child is unable to form and express views, taking into account the child’s age and ability to understand.
(3)The child may also be a party to the care agreement.
(4)Despite section 51ZD (1), the chief executive may enter into an assessment care agreement with only 1 of the child’s parents if—
(a)it is impractical to obtain the consent of the other parent to the agreement before entering into the agreement; or
(b)the chief executive has made a reasonable attempt to obtain the consent of the other parent before entering into the agreement.
(5)If the chief executive has not obtained the consent of the other parent before entering into an assessment care agreement under subsection (4), the chief executive must make a reasonable attempt to give a copy of the agreement to the other parent, and obtain the other parent’s consent, after the agreement has been entered into.

Note—

See section 51ZI (2) for how the other parent may end the agreement.
(6)The chief executive may not enter into an assessment care agreement with only 1 of the child’s parents if another parent refuses to enter into the agreement.

s 51ZE ins 2005 No. 40s 14

amd 2010 No. 33s 38

51ZFRequirements of an agreement

(1)A care agreement must be in the approved form, signed by the parties.
(2)A care agreement must state the following—
(a)the name of the person in whose care the child is to be placed;
(b)the period of the agreement;
(c)where the child will be living;
(d)arrangements for contact between the child and his or her parents;
(e)the type of decisions relating to the child for which the parents must be consulted.

s 51ZF ins 2005 No. 40s 14

51ZGEffect of particular agreement

While a child protection care agreement is in force for the child, the chief executive has custody of the child.

s 51ZG ins 2005 No. 40s 14 (amd 2006 No. 17s 18(6))

51ZHPeriod of an agreement

(1)Subject to this division, a care agreement has effect for the period stated in it.
(2)The period of an assessment care agreement must not be more than 30 days.
(3)An assessment care agreement may not be extended.
(4)When a child protection care agreement is entered into, the initial period of operation stated in it must not be more than 30 days.
(5)A child protection care agreement must not be made if the total of the following periods would be more than 6 months—
(a)the initial period of the proposed agreement;
(b)the period for which any other child protection care agreement was in force for the child within the previous 12 months.
(6)Before a child protection care agreement ends, it may be extended by agreement of the parties.
(7)A child protection care agreement may be extended more than once.
(8)A child protection care agreement must not be extended if the total of the following periods would be more than 6 months—
(a)the period for which the agreement has been in force;
(b)the period of the proposed extension;
(c)the period for which any other child protection care agreement was in force for the child within the 12 months before the extension.
(9)The chief executive must not agree to an extension unless—
(a)a case plan is in force for the child; and
(b)the chief executive is satisfied the extension would be in the child’s best interests, having regard to the progress made under the case plan and the child’s developmental needs.

s 51ZH ins 2005 No. 40s 14 (amd 2006 No. 17s 18(7)–(9))

51ZIEnding an agreement

(1)A party to a care agreement may end the agreement at any time by giving at least 2 days notice to the other parties.
(2)If a care agreement is entered into with only 1 of the child’s parents, the other parent may end the agreement at any time by giving at least 2 days notice to the parties.
(3)A care agreement ends automatically if—
(a)a child protection order is made granting custody or guardianship of the child to the chief executive or someone else; or
(b)the chief executive otherwise gains custody or guardianship of the child under this Act or the Adoption Act 2009 .

s 51ZI ins 2005 No. 40s 14

amd 2009 No. 29s 362; 2010 No. 33s 39

Part 4 Child protection orders

Division 1 Preliminary

52Meaning of parent in pt 4

In this part—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

def parent amd 2010 No. 33s 40

s 52 sub 2000 No. 7s 15; 2003 No. 57s 39(1)sch 3

53Purpose of pt 4

(1)This part provides for the making of child protection orders.
(2)A child protection order is made to ensure the protection of a child the Childrens Court decides is a child in need of protection.

Note—

See section 10 .

Division 2 Applications for, and making and effect of, child protection orders

53AChief executive’s role in support of litigation director

(1)This section applies if the chief executive refers a child protection matter to the litigation director under the Director of Child Protection Litigation Act 2016 , section 15 .
(2)The chief executive must work collaboratively with the litigation director in relation to the matter, including by giving the litigation director the information, documents and evidence required under that Act.

s 53A ins 2016 No. 24s 9

54Application for child protection order

An application for a child protection order for a child must—
(a)be made to the Childrens Court; and
(b)state the grounds on which it is made; and
(c)state the nature of the order sought; and
(d)comply with applicable rules of court; and
(e)be filed in the court.

Note—

Only the litigation director may make the application—see the Director of Child Protection Litigation Act 2016 , section 10 .

s 54 sub 2016 No. 23s 53

55Registrar to fix time and place for hearing

When the application is filed, the registrar of the Childrens Court must immediately fix the time and place for hearing the application having regard to the principle that it is in the best interests of the child for the application to be heard as early as possible.

55APublic guardian to be notified, under an arrangement, of applications etc. for orders

(1)The public guardian and the registrar of the Childrens Court at a place may enter into an arrangement under which the registrar advises the public guardian of—
(a)all applications for a child protection order filed at the place; and
(b)all hearings of applications at the place identified under the arrangement.
(2)The registrar of the Childrens Court must give notice of the applications and hearings to the public guardian in a way, and within the time, agreed with the public guardian under the arrangement.

s 55A ins 2014 No. 26s 196

56Notice of application

(1)As soon as practicable after the application is filed, the chief executive must—
(a)personally serve a copy of it on each of the child’s parents; and
(b)tell the child about the application.

Note—

Section 195 deals with compliance with provisions about giving information.
(2)However, if it is not practicable to serve the copy personally, a copy of the application may be served on a parent by leaving it at, or by sending it by post to, the parent’s residential address last known to the chief executive.
(3)The copy of the application served under this section must state—
(a)when and where the application is to be heard; and
(b)the application may be heard and decided even though the parent does not appear in court.

s 56 amd 2016 No. 23s 54

57Respondents to hearing

The child’s parents are respondents to the application.

57AWithdrawal of application

(1)The application may be withdrawn only with the court’s leave.
(2)When seeking the court’s leave, the litigation director must give reasons why the order is no longer required.

s 57A ins 2016 No. 24s 10

58Hearing of application in absence of parents

(1)The Childrens Court may hear and decide the application in the absence of the child’s parents only if—
(a)the parents have been given reasonable notice of the hearing and fail to attend or continue to attend the hearing; or
(b)it is satisfied it was not practicable to give the parents notice of the hearing.
(2)Subsection (1) does not limit the jurisdiction of the court to exclude a person from a proceeding.

59Making of child protection order

(1)The Childrens Court may make a child protection order only if it is satisfied—
(a)the child is a child in need of protection and the order is appropriate and desirable for the child’s protection; and
(b)there is a case plan for the child—
(i)that has been developed or revised under part 3A ; and
(ii)that is appropriate for meeting the child’s assessed protection and care needs; and
(iii)for an order granting long-term guardianship of the child—that includes living arrangements and contact arrangements for the child; and
(c)if the making of the order has been contested—
(i)a conference between the parties has been held or reasonable attempts to hold a conference have been made; or
(ii)because of exceptional circumstances, it would be inappropriate to require the parties to hold a conference; and

Example of exceptional circumstances—

The court may be satisfied the risk to the safety of a party if a conference were held outweighs the potential benefit of holding the conference.
(d)the child’s wishes or views, if able to be ascertained, have been made known to the court; and
(e)the protection sought to be achieved by the order is unlikely to be achieved by an order under this part on less intrusive terms.
(2)Before making a child protection order, the court may have regard to any contravention of this Act or of an order made under this Act.
(3)When deciding whether a case plan is appropriate under subsection (1)(b)(ii), it is not relevant whether or not all persons who participated in the development or revision of the plan agreed with the plan.
(4)The court must not make a child protection order unless a copy of the child’s case plan and, if it is a revised case plan, a copy of the report about the last revision under section 51X have been filed in the court.
(5)Also, before making a child protection order granting custody or guardianship of a child to a person other than the chief executive, the court must have regard to any report given, or recommendation made, to the court by the chief executive about the person, including a report about the person’s criminal history, domestic violence history and traffic history.

Note—

Section 95 deals with reports about the person’s criminal history, domestic violence history and traffic history.
(6)In addition, before making a child protection order granting long-term guardianship of a child, the court must be satisfied—
(a)there is no parent able and willing to protect the child within the foreseeable future; or
(b)the child’s need for emotional security will be best met in the long term by making the order.
(7)Further, the court must not grant long-term guardianship of a child to—
(a)a person who is not a member of the child’s family unless the child is already in custody or guardianship under a child protection order; or
(b)the chief executive if the court can properly grant guardianship to another suitable person.
(8)Before the court extends or makes a further child protection order granting custody or short-term guardianship of the child, the court must have regard to the child’s need for emotional security and stability.
(9)This section does not apply to the making of an interim order under section 67 .

s 59 amd 2000 No. 7s 16; 2004 No. 36s 16; 2010 No. 33s 41;2016 No. 24s 11

60Extraterritoriality

To remove doubt, it is declared the Childrens Court may make a child protection order even if the events causing the child to be a child in need of protection happened outside Queensland, or partly in Queensland and partly outside Queensland.

s 60 ins 2000 No. 7s 17

61Types of child protection orders

The Childrens Court may make any 1 or more of the following child protection orders that the court considers to be appropriate in the circumstances—
(a)an order directing a parent of the child to do or refrain from doing something directly related to the child’s protection;
(b)an order directing a parent not to have contact, direct or indirect—
(i)with the child; or
(ii)with the child other than when a stated person or a person of a stated category is present;
(c)an order requiring the chief executive to supervise the child’s protection in relation to the matters stated in the order;
(d)an order granting custody of the child to—
(i)a suitable person, other than a parent of the child, who is a member of the child’s family; or
(ii)the chief executive;
(e)an order granting short-term guardianship of the child to the chief executive;
(f)an order granting long-term guardianship of the child to—
(i)a suitable person, other than a parent of the child, who is a member of the child’s family; or
(ii)another suitable person, other than a member of the child’s family, nominated by the chief executive; or
(iii)the chief executive.

s 61 sub 2000 No. 7s 18

amd 2003 No. 57s 39(1) sch 3; 2010 No. 33s 42

62Duration of child protection orders

(1)A child protection order for a child must state the time when it ends.
(2)The stated time for the order—
(a)if it does not grant custody or guardianship of the child—must not be more than 1 year after the day it is made; or
(b)if it grants custody or short-term guardianship of the child—must not be more than 2 years after the day it is made; or
(c)if it grants long-term guardianship of the child—must be the end of the day before the child turns 18 years.
(3)The order ends at the stated time unless it is extended or earlier revoked.
(4)Regardless of subsections (1) to (3), the order ends when the child turns 18.

Division 3 Other provisions about child protection orders

63Chief executive’s obligations after making of child protection order

As soon as practicable after a child protection order for a child is made, the chief executive must give to the parties to the application for the order—
(a)a copy of the order; and
(b)a written notice—
(i)explaining the terms and effect of the order; and
(ii)stating that a party may appeal against the decision to make the order within 28 days after the order is made; and
(iii)stating how to appeal.

64Extension of certain child protection orders

(1)An application for an extension of a child protection order for a child, other than an order granting long-term guardianship of a child, may be made to the Children’s Court.

Note—

Only the litigation director may make the application—see the Director of Child Protection Litigation Act 2016 , section 10 .
(2)The application must be made before the order ends.
(3)This part applies, with all necessary changes, to the application as if it were an application for a child protection order.

s 64 amd 2016 No. 23s 55

65Variation and revocation of child protection orders

(1)The litigation director, a child’s parent or the child may apply to the Childrens Court for an order to—
(a)vary or revoke a child protection order for the child; or
(b)revoke a child protection order for the child and make another child protection order in its place.
(2)However, a child’s parent can not—
(a)apply for an order to revoke a child protection order for the child and make another child protection order in its place that grants guardianship of the child; or
(b)without the leave of the court, apply for an order to vary or revoke a child protection order for the child if another application for an order by a parent of the child to vary or revoke the child protection order has been decided by the court.
(3)For subsection (2)(b), the court may grant leave only if it is satisfied the child’s parent has new evidence to give to the court.
(4)This part applies, with the changes prescribed in subsection (5) and all other necessary changes, to the application as if it were an application for a child protection order for the child.
(5)If the application is made by the child or a parent of the child—
(a)other parents of the child and the litigation director become respondents to the application; and
(b)immediately after the application is made, the registrar must give written notice to the litigation director and chief executive of the time and place for hearing the application; and
(c)as soon as practicable after receiving the registrar’s notice, the chief executive must comply with section 56 except so far as it relates to the applicant.
(6)The court may, under subsection (1)(a), revoke a child protection order for a child only if it is satisfied the order is no longer appropriate and desirable for the child’s protection.
(7)Without limiting the things to which the court may have regard in deciding an application under this section, the court—
(a)may have regard to a contravention of the child protection order or this Act; and
(b)for an application to revoke a child protection order granting long-term guardianship of a child under section 61 (f) (i) or (ii) —must have regard to the child’s need for emotional security and stability.
(8)In this section—
child protection order does not include an interim order under section 67 .

s 65 amd 2000 No. 7s 19

sub 2003 No. 57s 39(1)sch 3

amd 2010 No. 33s 43; 2016 No. 23s 56

Division 4 Transition orders

div 4 (ss 65A–65D) ins 2010 No. 33s 44

65ACourt may make transition order

(1)This section applies if a court—
(a)in relation to a child protection order granted under section 61 (d) or (e)
(i)refuses to extend the order or grant a further order before the order ends; or
(ii)revokes the order; or
(iii)decides an appeal against the making of the order in favour of a person other than the litigation director; or
(b)in relation to a child protection order granted under section 61 (f)
(i)revokes the order; or
(ii)decides an appeal against the making of the order in favour of a person other than the litigation director.
(2)The court may make an order (a transition order) that the child protection order ends on a later day stated in the transition order.
(3)The transition order may be made on the court’s own initiative or on the application, made orally or in the approved form, of a party to the proceeding.
(4)If a party applies for the transition order and the court adjourns the proceeding before deciding the application, the child protection order continues in force, despite the decision mentioned in subsection (1), until the application is decided.
(5)The day stated in the transition order as the day on which the child protection order ends may not be more than 28 days after the day of the court’s decision under subsection (1), even if a party applied for the transition order and the court adjourned the proceeding before deciding the application.
(6)The court may make a transition order in a proceeding only once.

s 65A ins 2010 No. 33s 44

amd 2016 No. 23s 57

65BGrounds for making transition order

(1)A court may make a transition order if satisfied the order is necessary to allow for the gradual transition of the child into the care of the child’s parents in a way that—
(a)supports the child; and
(b)may reduce any disruption or distress experienced by the child; and
(c)is otherwise in the best interests of the child.
(2)When deciding whether to make a transition order—
(a)the court must have regard to—
(i)the child’s wishes and views, if able to be ascertained; and
(ii)the parents’ readiness to care for the child; and
(b)the court may have regard to any other relevant matter.

Example for paragraph (b)—

The court may have regard to information, from the person caring for the child under the child protection order, about the child’s needs.

div 4 (ss 65A–65D) ins 2010 No. 33s 44

65CEffect of stay of decision about child protection order

If, under section 119 , an appellate court stays a decision mentioned in section 65A (1), a transition order made in relation to the decision ends on the day the decision is stayed.

div 4 (ss 65A–65D) ins 2010 No. 33s 44

65DTransition plans

If the court makes a transition order in relation to a child, the chief executive must prepare a plan, for the period of the transition order, that—
(a)states how the chief executive intends to provide for the support and gradual transition of the child into the care of the child’s parents; and
(b)includes matters prescribed under a regulation for inclusion in the plan.

div 4 (ss 65A–65D) ins 2010 No. 33s 44

Part 5 Adjournments of proceedings and court ordered conferences

Division 1 Adjournments of proceedings

66Court may adjourn proceedings

(1)The Childrens Court may adjourn a proceeding for a court assessment order or child protection order for a child for a period decided by the court.
(2)However, for a court assessment order the total period of adjournments must not be longer than 4 weeks.

Note—

Section 47 contains provisions about when a court assessment order ends.
(3)In deciding the period, the court must take into account the principle that it is in the child’s best interests for the application for the order to be decided as soon as possible.
(4)The court must state the reasons for the adjournment and may give directions to the parties to the proceeding, the chief executive or a person the court has allowed to take part in the proceeding under section 113 about the things to be done by them during the adjournment.

s 66 amd 2003 No. 57s 39(1)sch 3;2016 No. 24s 12

67Court’s powers to make interim orders on adjournment

(1)On the adjournment of a proceeding for a court assessment order or child protection order, the Childrens Court may make any 1 or more of the following orders—
(a)an interim order granting temporary custody of the child—
(i)for a court assessment order—to the chief executive; or
(ii)for a child protection order—to the chief executive or a suitable person who is a member of the child’s family;
(b)an interim order directing a parent of the child not to have contact (direct or indirect)—
(i)with the child; or
(ii)with the child other than when a stated person or a person of a stated category is present;
(c)an interim order authorising an authorised officer or police officer to have contact with the child.
(2)In addition, the court may make an interim order authorising an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the court is satisfied—
(a)entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and
(b)the entry is necessary for the effective enforcement of an order made under subsection (1)(c).
(3)On entering a place, an authorised officer or police officer may remain in the place for as long as the officer considers necessary for exercising the officer’s powers under this section.
(4)An authorised officer or police officer may exercise the officer’s powers under the order with the help, and using the force, that is reasonable in the circumstances.
(5)The order has effect for the period of the adjournment.
(6)In this section—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

s 67 amd 2003 No. 57s 39(1)sch 3; 2010 No. 33s 45

67AOrder—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under an authority under an interim order mentioned in section 67 (2).
(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—
(a)identify himself or herself to a person present at the place who is an occupier of the place;
(b)give the person a copy of the order so far as it relates to the entry and searching of the place;
(c)tell the person the officer is permitted by the order to enter and search the place to find the child;
(d)give the person an opportunity to allow the officer immediate entry to the place without using force.
(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
(4)However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.

s 67A ins 2010 No. 33s 46

68Court’s other powers on adjournment of proceedings for child protection orders

(1)On the adjournment of a proceeding for a child protection order, the Childrens Court may also make 1 or more of the following orders—
(a)an order requiring a written social assessment report about the child and the child’s family be prepared and filed in the court;
(b)an order authorising a medical examination or treatment of the child and requiring a report of the examination or treatment be filed in the court;

Note—

Section 97 applies to the medical examination or treatment.
(c)subject to subsection (5), an order about the child’s contact with the child’s family during the adjournment;
(d)an order requiring the chief executive—
(i)to convene a family group meeting to develop or revise a case plan and file the plan in the court; or
(ii)to convene a family group meeting to consider, make recommendations about, or otherwise deal with, another matter relating to the child’s wellbeing and protection and care needs;
(e)an order that a conference between the parties be held before the proceeding continues to decide the matters in dispute or to try to resolve the matters;
(f)an order under section 110 that the child be separately legally represented.
(2)If the court makes an order under subsection (1)(a) or (b), the court must state the particular issues the report must address.
(3)Subsection (2) does not limit the issues that may be addressed in the report.
(4)Without limiting subsection (1)(c), an order mentioned in the paragraph may limit the child’s contact with the child’s family or provide for how the contact is to happen.
(5)The court must not make an order under subsection (1)(c) requiring the chief executive to supervise family contact with the child unless the chief executive agrees to supervise the contact.
(6)To remove any doubt, it is declared that the chief executive may be the subject of an order mentioned in subsection (1)(a), (b) or (c) even though the chief executive is not a party to the proceeding.

s 68 amd 2000 No. 7s 20; 2004 No. 36s 17; 2016 No. 23s 58; 2016 No. 24s 13

68AAccess to information to prepare a court-ordered report

(1)This section applies if, on an adjournment, the Childrens Court makes an order under section 66 (4) or 68(1)(a) or (b) requiring that a report be prepared.
(2)The court may order that a person preparing the report be permitted to view, or be given a copy of, a relevant document or other information before the court.

s 68A ins 2016 No. 24s 14

68BInterim contact orders

Section 99MA deals with particular circumstances in which the court may decide to make an order under section 67 (1)(b) or 68(1)(c) while a tribunal proceeding is suspended.

s 68B ins 2016 No. 24s 14

Division 2 Court ordered conferences

69Registrar to appoint chairperson and convene conference

(1)If the Childrens Court orders a conference be held between the parties to a proceeding, the registrar of the court must—
(a)appoint a chairperson for the conference; and
(b)convene the conference to be held as soon as practicable after the order is made.
(2)The chairperson must have the qualifications or experience prescribed under rules of court.

s 69 amd 2016 No. 24s 15

70Attendance of parties

(1)The chairperson, the chief executive and the parties must attend the conference.
(2)However, subsection (1) does not require the child to attend the conference.
(3)The parties may be represented by their legal representatives at the conference.
(4)If the child is an Aboriginal or Torres Strait Islander child, a recognised entity for the child or member of a recognised entity for the child may attend the conference.
(5)The public guardian may attend the conference.
(6)No-one else can attend the conference without the chairperson’s approval.

s 70 amd 2005 No. 40s 15; 2014 No. 26s 197; 2016 No. 23s 59

71Communications inadmissible in evidence without consent

Anything said at the conference is inadmissible in a proceeding before any court other than with the consent of all the parties.

72Report of conference

(1)As soon as practicable after the conference is finished, the chairperson must file in the court a report of the conference containing the particulars prescribed under rules of court .
(2)If the report states the parties have reached an agreement in relation to the application the subject of the proceeding and it is practicable for the application to be heard earlier than the adjournment date, the registrar must immediately—
(a)fix a new time and place for the hearing of the application; and
(b)advise the chairperson and the parties of the time and place for the hearing of the application.
(3)If the new time and place for the hearing of the application is not the same day the conference finished, the registrar must confirm the advice by written notice.

s 72 amd 2016 No. 24s 16

Part 6 Obligations and rights under orders and care agreements

pt hdg amd 2005 No. 40s 16

Division 1 Chief executive’s obligations under child protection orders and care agreements

div hdg amd 2005 No. 40s 17

73Chief executive’s obligations about meeting child’s protection and care needs under certain orders and agreements

(1)This section applies if—
(a)a child protection order is made for a child, other than an order granting long-term guardianship of the child; or
(b)a care agreement is entered into for a child.
(2)The chief executive must take steps that are reasonable and practicable to help the child’s family meet the child’s protection and care needs.
(3)For subsection (2), the chief executive must have regular contact with the child and the child’s parents or other appropriate members of the child’s family.

s 73 amd 2005 No. 40s 18

74Charter of rights for a child in care

(1)This section applies if the chief executive—
(a)has custody or guardianship of a child under a child protection order; or
(b)has custody of a child under a care agreement.
(2)As far as reasonably practicable, the chief executive must ensure the charter of rights for a child in care in schedule 1 is complied with in relation to the child.
(3)Subsection (2) does not limit another provision of this Act.
(4)The chief executive must ensure the child—
(a)is told about the charter of rights and its effect; and
(b)is given written information about the charter of rights unless, having regard to the child’s age or ability to understand, the chief executive reasonably believes the child would not be able to understand the information; and
(c)is told about the public guardian and other entities known to the chief executive that can help the child if the child considers that the charter of rights is not being complied with in relation to the child.

s 74 amd 2004 No. 13s 11; 2005 No. 40s 19; 2014 No. 26s 198

75Transition from care

(1)This section applies to a child or person who is or has been a child in the custody or under the guardianship of the chief executive.
(2)As far as practicable, the chief executive must ensure the child or person is provided with help in the transition from being a child in care to independence.
(3)Without limiting subsection (2), the help may include financial assistance provided under section 159 .

Division 2 Orders for supervision

76Application of div 2

This division applies if, under a child protection order for a child, the chief executive is required to supervise the child’s protection in relation to matters stated in the order.

77Obligations of child’s parents and powers of authorised officers

(1)The child’s parents or other person with whom the child is living must—
(a)keep the chief executive informed about where the child is living; and
(b)allow authorised officers to have reasonable contact with the child.
(2)For subsection (1)(b), an authorised officer may enter the place where the child is living at any reasonable time to have contact with the child and to inquire about the child’s care.
(3)The officer may exercise the officer’s powers under subsection (2) with the help, and using the force, that is reasonable in the circumstances.

78Chief executive’s powers

(1)For giving effect to the child protection order, the chief executive may, by written notice given to a parent of the child, direct the parent to do or refrain from doing something specifically relating to the supervision matters stated in the order.
(2)The notice mentioned in subsection (1) must comply with the QCAT Act , section 157(2).
(3)The parent may apply to have the decision to give the direction reviewed only on the ground that the direction does not specifically relate to the supervision matters.
(4)The tribunal may not stay the operation of the decision under the QCAT Act , section 22 (3) .

s 78 amd 2000 No. 59s 151sch 1; 2009 No. 24s 14

Division 3 Obligations under orders granting custody or guardianship to member of family or other suitable person

79Obligations of family members to department under orders

(1)If, under a child protection order, a member of a child’s family is granted custody of the child, the family member must help the chief executive achieve the child’s future protection, including, for example, by taking part in meetings with the child’s family.
(2)The family member must—
(a)keep the chief executive informed about where the child is living; and
(b)allow authorised officers to have reasonable contact with the child.

80Obligations of family members and other persons to child’s parents

(1)If, under a child protection order for a child, a member of the child’s family or another suitable person is granted custody or guardianship of the child, the family member or person must—
(a)tell the parents where the child is living; and
(b)give them information about the child’s care; and
(c)provide opportunity for contact between the child and the child’s parents and appropriate members of the child’s family as often as is appropriate in the circumstances.
(2)However, if the Childrens Court is satisfied compliance with the requirements of subsection (1) would constitute a significant risk to the safety of the child or anyone else with whom the child is living, the court may order that all or part of the requirements do not apply, or apply with stated modifications or apply to a stated extent.

80AObligations if child is no longer cared for by long-term guardian

(1)This section applies if—
(a)a child protection order granting long-term guardianship of a child under section 61 (f) (i) or (ii) is in force; and
(b)the child is no longer cared for by the child’s long-term guardian.

Examples of situations where a child may no longer be cared for by the child’s long-term guardian—

1The child is an older child transitioning to independent living.
2The relationship between the child and the long-term guardian has broken down to the point where the child is unable to live with the long-term guardian.
(2)The long-term guardian must immediately give the chief executive written notice that the care has ended and, if the long-term guardian knows where the child is living, that information.
(3)If the chief executive is given notice under subsection (2), the chief executive must review the child’s protection and care needs, and wellbeing, and take any further action the chief executive considers appropriate.

s 80A ins 2010 No. 33s 47

Division 4 Placing child in care

81Application of div 4

This division applies if the chief executive has custody or guardianship of a child under this Act.

s 81 amd 2003 No. 57s 39(1)sch 3

82Placing child in care

(1)The chief executive may place the child in the care of—
(a)an approved kinship carer for the child; or
(b)an approved foster carer; or
(c)an entity conducting a departmental care service; or
(d)a licensee; or
(e)if it is not possible, or not in the child’s best interests, for the child to be placed in the care of an entity mentioned in paragraphs (a) to (d)—a provisionally approved carer for the child; or
(f)if the chief executive is satisfied another entity would be the most appropriate for meeting the child’s particular protection and care needs—that entity.

Example for paragraph (f)—

A particular medical or residential facility may be the most appropriate entity for a child with a disability.
(2)Also, if the child is in the chief executive’s custody or guardianship under a child protection order, the chief executive may place the child in the care of a parent of the child.

s 82 sub 2005 No. 40s 20

82APlacement with more than 1 approved carer

(1)The child may be placed in the care of more than 1 approved carer at the same time.
(2)If it is proposed to place the child in the care of an approved carer, and the approved carer lives with his or her spouse and holds a certificate of approval jointly with the spouse, the child must be placed in the care of both of them.

s 82A ins 2005 No. 40s 20

83Additional provisions for placing Aboriginal and Torres Strait Islander children in care

(1)This section applies if the child is an Aboriginal or a Torres Strait Islander child.
(2)The chief executive must ensure a recognised entity for the child is given an opportunity to participate in the process for making a decision about where or with whom the child will live.
(3)However, if because of urgent circumstances the chief executive makes the decision without the participation of a recognised entity for the child, the chief executive must consult with a recognised entity for the child as soon as practicable after making the decision.
(4)In making a decision about the person in whose care the child should be placed, the chief executive must give proper consideration to placing the child, in order of priority, with—
(a)a member of the child’s family; or
(b)a member of the child’s community or language group; or
(c)another Aboriginal person or Torres Strait Islander who is compatible with the child’s community or language group; or
(d)another Aboriginal person or Torres Strait Islander.
(5)Also, the chief executive must give proper consideration to—
(a)the views of a recognised entity for the child; and
(b)ensuring the decision provides for the optimal retention of the child’s relationships with parents, siblings and other people of significance under Aboriginal tradition or Island custom.
(6)If the chief executive decides there is no appropriate person mentioned in subsection (4)(a) to (d) in whose care the child may be placed, the chief executive must give proper consideration to placing the child, in order of priority, with—
(a)a person who lives near the child’s family; or
(b)a person who lives near the child’s community or language group.
(7)Before placing the child in the care of a family member or other person who is not an Aboriginal person or Torres Strait Islander, the chief executive must give proper consideration to whether the person is committed to—
(a)facilitating contact between the child and the child’s parents and other family members, subject to any limitations on the contact under section 87 ; and
(b)helping the child to maintain contact with the child’s community or language group; and
(c)helping the child to maintain a connection with the child’s Aboriginal or Torres Strait Islander culture; and
(d)preserving and enhancing the child’s sense of Aboriginal or Torres Strait Islander identity.

s 83 amd 2005 No. 40s 21

83AGiving information to carers and children

(1)Before placing the child in care under section 82 , the chief executive must—
(a)give to the proposed carer the information that the chief executive has about the child that the proposed carer reasonably needs to help him or her make an informed decision whether to agree to the placement; and
(b)give the child information the chief executive has about the proposed carer and members of the proposed carer’s household that the child reasonably needs to participate meaningfully in the decision about who will be the child’s carer; and
(c)if possible, give the child an opportunity to meet the proposed carer and members of the proposed carer’s household.
(2)When placing the child in care, and while the child is in care, the chief executive must give the carer information that the chief executive has relating to the child that the carer reasonably needs—
(a)to provide care for the child under this Act; and
(b)to ensure the safety of the child, the carer and other members of the carer’s household.
(3)If the child is placed in the care of a licensee—
(a)a requirement under subsection (1) or (2) to give information to the proposed carer or carer applies to the licensee instead of the chief executive; and
(b)the chief executive must give the licensee the information that the chief executive has about the child that the licensee needs to comply with the requirement.
(4)In deciding the information about the child to give to someone under this section, the chief executive must have regard to—
(a)the views and wishes of the child, having regard to the child’s age and ability to understand; and
(b)the proposed length of time of the placement; and
(c)the child’s right to privacy under the charter of rights.
(5)Before giving information about the child to someone under this section, the chief executive must tell the child what information is being given and why it is being given.
(6)In this section—
carer, in relation to a child, means—
(a)if the child is placed in the care of an approved carer—the approved carer; or
(b)if the child is placed in the care of another entity—the individual who directly provides care to the child.

s 83A ins 2004 No. 36s 18

amd 2005 No. 40s 22

84Agreements to provide care for children

(1)If an approved carer agrees to care for the child, the chief executive and approved carer must enter into a written agreement for the child’s care.

Note—

Provisions of the agreement may be included in the child’s case plan.
(2)The terms prescribed under a regulation must be included in the agreement.

s 84 amd 2004 No. 36s 19; 2005 No. 40s 23

85Chief executive to tell parents of placing child in care—assessment order

(1)This section applies if the child is in the chief executive’s custody under an assessment order.
(2)Subject to subsections (3) and (4), the chief executive must, as soon as practicable after deciding in whose care to place the child, tell the child’s parents in whose care the child is placed and where the child is living.
(3)Before complying with subsection (2), the chief executive must consider the matters prescribed under a regulation.
(4)If, after considering the matters, the chief executive reasonably suspects compliance with subsection (2) could constitute a significant risk to the safety of the child or anyone else with whom the child is living, the chief executive need not comply with the subsection.

s 85 amd 2005 No. 40s 24

86Chief executive to notify parents of placing child in care—child protection order

(1)This section applies if the child is in the chief executive’s custody or guardianship under a child protection order.
(2)Subject to subsections (3) and (4), the chief executive must, as soon as practicable after deciding in whose care to place the child, give written notice of the decision to the child and the child’s parents stating the following—
(a)the person in whose care the child is placed and where the child is living;
(b)the reasons for the decision;
(c)the child or child’s parent may apply to the tribunal to have the decision reviewed;
(d)how, and the time within which, the child or child’s parent may apply to have the decision reviewed;
(e)any right the child or child’s parent has to have the operation of the decisions stayed.
(3)Before complying with subsection (2), the chief executive must consider the matters prescribed under a regulation.
(4)If, after considering the matters, the chief executive reasonably suspects compliance with subsection (2) would constitute a significant risk to the safety of the child or anyone else with whom the child is living, the chief executive may decide not to comply with the subsection.
(5)If the chief executive makes a decision under subsection (4), the chief executive must give written notice of the decision to the child and the child’s parents stating the following—
(a)that the chief executive has decided not to tell the child’s parents the person in whose care the child is placed and where the child is living;
(b)the reasons for the decision;
(c)the child or child’s parent may apply to the tribunal to have the decision reviewed;
(d)how, and the time within which, the child or child’s parent may apply to have the decision reviewed;
(e)any right the child or child’s parent has to have the operation of the decisions stayed.
(6)Subsection (2) does not apply if the chief executive is satisfied it is not reasonably practicable for the chief executive to give the notice because the child is placed in the person’s care for less than 7 days.

s 86 amd 2000 No. 59s 151sch 1; 2005 No. 40s 25; 2009 No. 24s 15

87Chief executive to provide contact between child and child’s parents

(1)The chief executive must provide opportunity for contact between the child and the child’s parents and appropriate members of the child’s family as often as is appropriate in the circumstances.
(2)However, the chief executive may refuse to allow, or restrict or impose conditions on, contact between the child and the child’s parents or members of the child’s family, if the chief executive is satisfied it is in the child’s best interests to do so or it is not reasonably practicable in the circumstances for the parents or family member to have the contact.
(3)If the chief executive refuses to allow, or restricts or imposes conditions on contact between the child and a person, the chief executive must give written notice of the decision to each person affected by the decision.
(4)The notice mentioned in subsection (3) must comply with the QCAT Act , section 157(2).

s 87 amd 2000 No. 59s 151sch 1; 2009 No. 24s 16

88Chief executive to provide contact between Aboriginal or Torres Strait Islander child and child’s community or language group

(1)This section applies if the child is an Aboriginal or a Torres Strait Islander child.
(2)The chief executive must provide opportunity for contact, as often as is appropriate in the circumstances, between the child and appropriate members of the child’s community or language group.

s 88 prev s 88 om 2004 No. 36s 20

pres s 88 ins 2005 No. 40s 26

89Removal from carer’s care

The chief executive may decide to remove the child from the care of the child’s carer if the chief executive is satisfied it is in the child’s best interests.

90Notice of removal from care

(1)This section applies if the chief executive—
(a)has custody or guardianship of the child under a child protection order; or
(b)has custody of the child under a care agreement.
(2)As soon as practicable after making the decision to remove the child from the care of the child’s carer, the chief executive must give written notice of the decision to the carer and the child unless—
(a)the child is placed in the carer’s care for less than 7 days; or
(b)if the child is in the care of an approved carer—the child is removed under a provision of the agreement under section 84 relating to the duration of the child’s care.
(3)The notice to the carer must state the following—
(a)the reasons for the decision;
(b)if, under section 91 , the carer is entitled to apply to have the decision reviewed—
(i)the carer may apply to the tribunal to have the decision reviewed; and
(ii)how, and the time within which, the carer may apply to have the decision reviewed; and
(iii)any right the carer has to have the operation of the decisions stayed.
(4)The notice to the child must state—
(a)the reasons for the decision; and
(b)that the child may apply to the tribunal to have the decision reviewed; and
(c)how, and the time within which, the child may apply to have the decision reviewed; and
(d)any right the child has to have the operation of the decisions stayed.
(5)Subsection (4)(b) to (d) do not apply if—
(a)the child was placed with the carer under a care agreement; or
(b)the carer is a provisionally approved carer.

s 90 amd 2000 No. 59s 151sch 1; 2005 No. 40s 27; 2009 No. 24s 17

91Review of decision to remove child from carer’s care

The child’s carer is entitled to have the decision to remove the child from the carer’s care reviewed by the tribunal if—
(a)the chief executive has custody or guardianship of the child under a child protection order; and
(b)the carer is not a provisionally approved carer; and
(c)either—
(i)the child protection order grants the chief executive long-term guardianship of the child; or
(ii)the stated reason for the decision is the carer is no longer a suitable person to have the care of the child or the carer is no longer able to meet the standards of care in the statement of standards for the child.

s 91 amd 2000 No. 59s 151sch 1; 2005 No. 40s 28

Division 5 Property of child

92Application of div 5

This division applies if, under a child protection order, the chief executive is granted custody or guardianship of a child.

93Management of child’s property by public trustee

(1)This section applies if—
(a)the child has an entitlement to property; and
(b)the chief executive has powers and duties in relation to the property; and
(c)the chief executive is satisfied it is in the child’s best interests for the public trustee to manage the property.
(2)The chief executive may give written notice to the public trustee requiring the public trustee to manage the property for the child.
(3)On receipt of the notice, the public trustee becomes the manager of the property and has the powers and duties in relation to it under the Public Trustee Act 1978 , part 6 , as if the child were an incapacitated person.

94Audit of trust by public trustee

(1)This section applies if the child is a beneficiary under a trust.
(2)For the Public Trustee Act 1978 , section 60 , the chief executive is a person interested in the trust.

Part 7 General

95Report about person’s criminal history etc.

(1)Subsection (2) applies if—
(a)the chief executive intends to give a report or make a recommendation to the Childrens Court, or is asked or required by the court to give a report or make a recommendation to the court, about—
(i)a child’s parents; or
(ii)a person to whom the court is considering granting custody or guardianship of a child; or
(b)the chief executive proposes to place a child who is in the chief executive’s custody or guardianship in the care of an individual, other than an approved carer, who has agreed to care for the child (the proposed individual).

Example for paragraph (b)—

A child is placed in the care of a member of the child’s family as part of a plan for reunification with the child’s parents.
(2)For ensuring the chief executive or court has all relevant information the chief executive or court needs for assessing the suitability of a person to have the custody, guardianship or care of a child who is found to be a child in need of protection, the chief executive may ask—
(a)the police commissioner to give the chief executive a written report about the criminal history and domestic violence history of—
(i)the parents, person to whom the court is considering granting custody or guardianship or an adult member of the parents’ or person’s household; or
(ii)the proposed individual or an adult member of the proposed individual’s household; and
(b)the chief executive for transport to give the chief executive a written report about the traffic history of the parents, person to whom the court is considering granting custody or guardianship of the child or proposed individual.
(3)Also, for the purpose of making any other decision under this Act, the chief executive may—
(a)ask the police commissioner to give the chief executive a written report about the criminal history and domestic violence history of—
(i)a parent of the child; or
(ii)an adult member of a parent’s household; or
(iii)an adult against whom an allegation of harm or risk of harm to a child has been made; and
(b)ask the chief executive for transport to give the chief executive a written report about the traffic history of a parent of the child.
(4)The police commissioner or chief executive for transport must comply with a request under subsection (2) or (3).
(5)Subsections (2)(a) and (3)(a) apply to the criminal history or domestic violence history in the police commissioner’s possession or to which the police commissioner has access.
(6)Subsection (4) applies despite the Transport Operations (Road Use Management) Act 1995 , section 77 .
(7)Subsection (8) applies to a person in relation to whom the police commissioner must give a report mentioned in subsection (2) or (3).
(8)Also, the police commissioner may give the chief executive a copy of, or extract from, the police commissioner’s records in relation to—
(a)the commission or alleged commission of the following offences by the person—
(i)a personal offence against anyone;
(ii)an offence against the Drugs Misuse Act 1986 ;
(iii)an offence against section 162 , 164 , 166 , 167 or 168 ; or
(b)an application for a protection order under the Domestic and Family Violence Protection Act 2012 in which the person is an aggrieved or respondent under that Act.

s 95 amd 2000 No. 7s 21; 2002 No. 6s 53sch 2; 2004 No. 36s 21; 2005 No. 40s 29; 2010 No. 33s 48; 2012 No. 5s 230sch 1pt 2

96[Repealed]

s 96 om 2004 No. 36s 22

97Carrying out medical examinations or treatment

(1)This section applies if—
(a)an authorised officer or police officer—
(i)takes a child into the chief executive’s custody; and
(ii)seeks medical examination of, or treatment for, the child; or

Note—

Under section 18 (7), an authorised officer or police officer may arrange for a child’s medical examination or treatment.
(b)a child is in the chief executive’s custody under this Act and the chief executive seeks medical examination of, or treatment for, the child; or
(c)an order for a child authorises the child’s medical examination or treatment.

Note—

Under section 28 (1)(b) a temporary assessment order may authorise the medical examination or treatment of the child. Also, under section 45 (1)(b) a court assessment order may authorise the medical examination or treatment of the child.
(2)A health practitioner may medically examine or treat the child.
(3)Subsection (2) applies even though the child’s parents have not consented to the examination or treatment.
(4)However, subsection (2) is subject to the rights the child has in relation to the examination or treatment.
(5)Also, the health practitioner may only carry out medical treatment that is reasonable in the circumstances.
(6)If this section applies because of subsection (1)(a) or (b) or because of an order mentioned in subsection (1)(c) that is an assessment order, the health practitioner must give the chief executive or police commissioner a report about the medical examination or treatment.
(7)For the purpose of deciding any liability in relation to the carrying out of the examination or treatment, the health practitioner is taken to have the consent of the child’s parents to the examination or treatment.

s 97 amd 2000 No. 7s 22; 2003 No. 57s 39(1)sch 3; 2005 No. 40s 30; 2010 No. 33s 49

98Carrying out social assessments

(1)If, on an application for a child protection order, the Childrens Court makes an order requiring a social assessment of the child and the child’s family, an appropriately qualified practitioner may carry out the social assessment.

Note—

See section 68 (1)(a).
(2)The practitioner does not incur liability for an act or omission done or omitted to be done honestly and without negligence in carrying out the social assessment.

99Custody or guardianship of child continues pending decision on application for order

(1)This section applies if—
(a)a child is in the chief executive’s custody or guardianship, or the custody of a member of the child’s family, under an order; and
(b)before the order ends, an application is made for the extension of the order or for another order.
(2)The order granting the custody or guardianship of the child continues until the application is decided unless the Childrens Court orders an earlier end to the order.
(3)This section does not affect the application of section 67 in relation to the child.

s 99 amd 2000 No. 7s 23; 2010 No. 33s 50

Chapter 2A Tribunal proceedings

ch hdg ins 2009 No. 24s 18

Part 1 Preliminary

pt hdg ins 2009 No. 24s 18

99AApplication of ch 2A

This chapter applies to a proceeding before the tribunal that relates to this Act.

s 99A ins 2009 No. 24s 18

99BDefinitions for ch 2A

In this chapter—
president means the president under the QCAT Act .
registrar means the principal registrar under the QCAT Act .
reviewable decision includes a reviewable decision under the Public Guardian Act 2014 , section 128 .

def reviewable decision amd 2014 No. 26s 199

review application means an application made, as provided under the QCAT Act , for review of a reviewable decision by the tribunal.
separate representative see section 99Q (3).
support person means a person allowed by the tribunal under the QCAT Act , section 91 to attend a hearing for the purpose of supporting a party or witness.

s 99B ins 2009 No. 24s 18

99CObject of ch 2A

The object of this chapter is to provide for the tribunal—
(a)to make decisions in a review that promote the welfare and best interests of the child about whom the reviewable decision was made; and
(b)to conduct proceedings in a way that uses adversarial and inquisitorial procedures, as appropriate, to arrive at the best possible decision in the circumstances; and
(c)to foster an atmosphere of review that enhances the delivery of services to children.

s 99C ins 2009 No. 24s 182

99DPrinciples for tribunal in matters relating to this Act

In exercising its jurisdiction, functions or powers in relation to this Act, the tribunal must have regard to the principles mentioned in sections 5A to 5C , to the extent the principles are relevant.

s 99D ins 2009 No. 24s 18

amd 2010 No. 33s 51

Part 2 Tribunal proceedings

pt hdg ins 2009 No. 24s 18

99ERegistrar to give notice of review application

(1)The registrar must give notice of a review application to the decision-maker.
(2)Within 7 days after receiving the notice, the decision-maker must give the registrar notice of the names and addresses of all persons, apart from the applicant—
(a)who are entitled to apply for a review of the reviewable decision concerned; and
(b)of whom the decision-maker is aware.
(3)The tribunal may shorten the period for giving the decision-maker’s notice to the registrar.
(4)The tribunal may act under subsection (3) only if satisfied that not to do so will result in a child’s interests being adversely affected or another party to the review suffering hardship.
(5)For subsection (2), a person’s entitlement to apply for a review is taken to be unaffected by the ending of the period of 28 days mentioned in the QCAT Act , section 33(3).
(6)Immediately on receipt of the decision-maker’s notice, the registrar must give an information notice to each person named in the decision-maker’s notice.
(7)The information notice must state—
(a)details of the review application; and
(b)that the person may elect to become a party to the review and the period within which the notice of election must be filed under section 99ZB ; and
(c)how the person may elect to become a party to the review.

s 99E ins 2009 No. 24s 18

99FReview applications by public guardian

(1)This section applies if the applicant for a review application is the public guardian.
(2)The review application must be made within 28 days after the public guardian gives notice under the Public Guardian Act 2014 , section 133 (4) to the chief executive about the reviewable decision.

s 99F ins 2009 No. 24s 18

amd 2010 No. 5s 23

sub 2014 No. 26s 200

99GGovernment entity may nominate decision-maker

The department may give the registrar a notice nominating an officer or employee of the department, or the holder for the time being of an office in the department, as the decision-maker for a review.

s 99G ins 2009 No. 24s 18

99HConstitution of tribunal

(1)The tribunal must be constituted by 3 members with at least 1 legally qualified member.
(2)A compulsory conference must be heard by at least 2 members, at least 1 of whom is a legally qualified member.
(3)If a child to which a proceeding before the tribunal relates is Aboriginal or Torres Strait Islander, the tribunal hearing the proceeding must include, if practicable, a member who is Aboriginal or Torres Strait Islander.
(4)The president may choose a member to constitute the tribunal for a proceeding to which this part applies only if the president considers the member—
(a)is committed to the principles mentioned in sections 5A to 5C ; and
(b)has extensive professional knowledge and experience of children; and
(c)has demonstrated a knowledge of and has experience in 1 or more of the fields of administrative review, child care, child protection, child welfare, community services, education, health, indigenous affairs, law, psychology or social work.
(5)A member is ineligible to be a constituting member for a review of a reviewable decision if the member—
(a)has been refused a certificate of approval, or a renewal of a certificate of approval, as an approved carer; or
(b)has had a certificate of approval as an approved carer cancelled.
(6)In this section—
member has the meaning given by the QCAT Act .

s 99H ins 2009 No. 24s 18

amd 2009 No. 48s 128; 2010 No. 33s 52; 2016 No. 24s 17

99IPower of tribunal to stay operation of decision limited in particular circumstances

(1)This section applies if the tribunal is constituted by less than 3 members for a compulsory conference.
(2)The tribunal may, under the QCAT Act , section 22 (3) , only make an order staying the operation of a reviewable decision if the relevant decision-maker for the reviewable decision does not oppose the staying of the decision’s operation.

s 99I ins 2009 No. 24s 18

99JProceedings relating to this Act must usually be held in private

(1)A hearing of a proceeding before the tribunal to which this part applies must be held in private.
(2)However, the following are entitled to be present at the proceeding—
(a)each party to the proceeding;
(b)if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party’s representative;
(c)a separate representative representing a child in the proceeding;
(d)the public guardian;
(e)a witness while giving evidence;
(f)a support person for a witness, while the witness is giving evidence;
(g)a person allowed to be present by the tribunal.
(3)This section is subject to the QCAT Act , section 220.

Editor’s note—

QCAT Act , section 220 (Tribunal may exclude person)

s 99J ins 2009 No. 24s 18

amd 2014 No. 26s 201

99KWhen proceeding may be held in public

Despite section 99J , the tribunal may allow a proceeding before the tribunal to be held in public if information identifying, or likely to lead to the identification of, a particular child will not be given in the proceeding.

s 99K ins 2009 No. 24s 18

99LAdjournments

(1)In considering whether to adjourn a proceeding before the tribunal involving a child, the tribunal must take into account any impact that adjourning the proceeding will have on the child.
(2)When it adjourns a proceeding, the tribunal must—
(a)give reasons for the adjournment; and
(b)state any matters it requires a party to the proceeding to address during the adjournment; and
(c)give directions and make orders it considers necessary or desirable.

s 99L ins 2009 No. 24s 18

99MWhen matter before court

(1)Subsection (2) applies if—
(a)a review application is before the tribunal; and
(b)some or all the matters to which the reviewable decision relates are also before a court.
(2)A legally qualified member of the tribunal must suspend the tribunal’s review if the member considers—
(a)the court’s decision about the matters would effectively decide the same issues to be decided by the tribunal; and
(b)the matters will be dealt with quickly by the court.
(3)If a legally qualified member acts under subsection (2), the court decides the matters and the decision effectively decides the issues before the tribunal, the member must dismiss the review application.
(4)Subsection (5) applies if—
(a)a legally qualified member has suspended the tribunal’s review; and
(b)the matters have not been decided by the court.
(5)The member may cancel the suspension and the tribunal may continue to deal with the review application.
(6)A legally qualified member may act under subsection (2), (3) or (5) on the member’s own initiative or on application by a party to the review.

s 99M ins 2009 No. 24s 18

amd 2016 No. 24s 18

99MASuspension of review proceeding if court may deal with contact matter

(1)This section applies if—
(a)the chief executive makes a reviewable decision under section 87 (2) about contact between a child and the child’s parents or members of the child’s family; and
(b)a review application for the reviewable decision is made; and
(c)a proceeding for the review application (the review proceeding) is before the tribunal; and
(d)the applicant is also a party to a child protection proceeding relating to the child before the Childrens Court.
(2)If the chief executive becomes aware the circumstances mentioned in subsection (1) have arisen, the chief executive must notify the tribunal registrar.
(3)After the tribunal registrar is notified—
(a)a legally qualified member of the tribunal must suspend the review proceeding; and
(b)the tribunal registrar must notify the parties to the review proceeding and the court registrar of the suspension; and
(c)the chief executive must notify the parties to the child protection proceeding of the suspension.
(4)While the review proceeding is suspended, the court may make an order that the subject matter of the reviewable decision may be dealt with by the tribunal in the review proceeding.
(5)The court registrar must—
(a)if the court makes an order under subsection (4)—give the tribunal registrar a copy of the order; or
(b)if the court adjourns the child protection proceeding and makes an interim contact order—give the tribunal registrar a copy of the interim contact order; or
(c)if the court decides the child protection proceeding without making an order under subsection (4) or an interim contact order—notify the tribunal registrar of that action.
(6)If the tribunal registrar is notified that the court has acted in a way mentioned in subsection (5)(a) or (c)—
(a)a legally qualified member of the tribunal must cancel the suspension of the review proceeding; and
(b)the tribunal registrar must notify the parties to the review proceeding that the proceeding is no longer suspended.
(7)If the tribunal registrar is notified that the court has made an interim contact order—
(a)a legally qualified member of the tribunal must dismiss the review application; and
(b)the tribunal registrar must notify the parties to the review proceeding of the dismissal.
(8)This section does not affect the tribunal’s power to dismiss the review application apart from this section.
(9)In this section—
court registrar means the registrar of the Childrens Court.
interim contact order means an order under section 67 (1)(b) or 68(1)(c) about the subject matter of the reviewable decision mentioned in subsection (1)(a).
party, to a child protection proceeding, includes—
(a)a separate representative for the child in the proceeding; and
(b)a person taking part in the proceeding under an order in force under section 113 .
tribunal registrar means the principal registrar under the QCAT Act .

s 99MA ins 2016 No. 24s 19

99NCompulsory conferences

(1)This section applies to a compulsory conference under the QCAT Act to which the parties to a proceeding before the tribunal have been directed to attend by the tribunal or principal registrar.
(2)In addition to anything the person presiding over the conference may do under the QCAT Act , the person may do 1 or more of the following—
(a)identify information to be given to the tribunal by the parties;
(b)give the parties information about the tribunal’s practice and procedures;
(c)refer the parties to alternative dispute resolution.
(3)Also, the person presiding over the conference may meet with a party separately—
(a)if the person considers doing so may avoid the escalation of conflict between the parties; or
(b)if the party is a child and the person considers doing so is in the child’s best interests having regard to the child’s views and wishes.

s 99N ins 2009 No. 2418

Part 3 Children in tribunal proceedings

pt hdg ins 2009 No. 24s 18

99ORequirements about ensuring proper understanding of tribunal proceedings

(1)In addition to the QCAT Act , section 29 the tribunal must take all reasonable steps to ensure each child taking part in a proceeding before the tribunal, who is not a party to the proceedings, understands the tribunal’s procedures.
(2)Also, a child entitled to start, or participate in, a proceeding before the tribunal—
(a)should be given the information and help necessary for the child to do so; and
(b)should have access to appropriate representation.

s 99O ins 2009 No. 24s 18

99PReview applications on behalf of children

(1)A person, other than the public guardian, may file a review application on behalf of a child only with the president’s permission.
(2)The president may give permission only if the president considers—
(a)the person is not, on the person’s own behalf, entitled to apply for the decision to be reviewed by the tribunal; and
(b)it is in the child’s best interests that the application be made; and
(c)it would be inappropriate for, or unreasonable to require, the child to make the application himself or herself.
(3)An applicant, other than the public guardian, may withdraw a review application filed on behalf of a child only with the permission of the president or the tribunal.
(4)The president or tribunal may give permission under subsection (3) only if the president or tribunal considers that, having regard to the child’s views or wishes, if any, it is in the child’s best interests that the application be withdrawn.

s 99P ins 2009 No. 24s 18

amd 2014 No. 26s 202

99QSeparate representation of children

(1)This section applies if a reviewable decision is about a child and the decision is the subject of a review application.
(2)Also, this section applies whether or not the child—
(a)is a party to a proceeding before the tribunal; or
(b)is represented by a lawyer or someone else under the QCAT Act , section 43.
(3)The tribunal must consider whether it would be in the child’s best interests for the child to be separately represented under this section before the tribunal by a lawyer (a separate representative).
(4)If the tribunal considers it would be in the child’s best interests for the child to be separately represented under this section before the tribunal by a lawyer, the tribunal must order that the child be represented by a separate representative.
(5)A separate representative may represent more than 1 child in the same proceeding before the tribunal.
(6)A separate representative must—
(a)act in the child’s best interests having regard to any expressed views or wishes of the child; and
(b)as far as possible, present the child’s views and wishes to the tribunal.
(7)For the QCAT Act , a separate representative has the same rights and obligations as a party to the review.

s 99Q ins 2009 No. 24s 18

99RSeparate representative must not be called to give evidence

A separate representative must not, in any proceeding before the tribunal, be called to give evidence, and if called must not give evidence, about a communication between the representative and the child for whom the representative was appointed.

s 99R ins 2009 No. 24s 18

99SRepresentation of children

(1)This section applies if a party to a proceeding before the tribunal is a child who is represented by a separate representative under section 99Q .
(2)In the proceeding, the party may also be represented by a lawyer or someone else under the QCAT Act , section 43.

s 99S ins 2009 No. 24s 18

99TChildren must not be compelled to give evidence

(1)A child must not be compelled to give evidence in a proceeding before the tribunal.
(2)Without limiting subsection (1), the tribunal may not require a child to do either of the following under the QCAT Act , section 97(1)—
(a)attend a hearing of a proceeding to give evidence;
(b)produce a stated document or other thing to the tribunal.
(3)Before a child gives evidence in a proceeding, the tribunal must satisfy itself that the child is willing to give the evidence.

s 99T ins 2009 No. 24s 18

99UChild’s right to express views to tribunal

(1)This section applies if a reviewable decision is about a child and the decision is being reviewed by the tribunal.
(2)Whether or not the child is a party to the review or appears as a witness before the tribunal, the child has the right to express his or her views to the tribunal about matters relevant to the review.

s 99U ins 2009 No. 24s 18

99VChildren giving evidence or expressing views to tribunal

(1)This section applies if a child is giving evidence or expressing the child’s views to the tribunal.
(2)Only the following persons may be present while the child gives evidence or expresses the child’s views—
(a)the constituting members;
(b)the lawyer, if any, representing the child;
(c)the separate representative, if any, for the child;
(d)the child’s support person if the child has a support person and agrees to that person’s presence;
(e)the public guardian.
(3)Despite subsection (2), the child may elect to give evidence or express the child’s views in the presence of the parties and their representatives if the child—
(a)is 12 years or more; and
(b)is represented by a lawyer or a separate representative.

s 99V ins 2009 No. 24s 18

amd 2016 No. 24s 20

99WQuestioning of children

(1)A child giving evidence or expressing the child’s views in a proceeding before the tribunal must not be cross-examined.
(2)Also, only the following persons may ask questions of a child giving evidence or expressing the child’s views in a proceeding—
(a)the constituting members;
(b)the lawyer, if any, representing the child;
(c)the separate representative, if any, for the child.

s 99W ins 2009 No. 24s 18

99XProvisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made

(1)This section applies if—
(a)a party to a proceeding before the tribunal to have a reviewable decision reviewed is—
(i)a child; and
(ii)a parent of the child about whom the reviewable decision was made; and
(b)in the proceeding the parent elects to give evidence.
(2)Sections 99V and 99W do not apply to the parent.
(3)Before the parent gives evidence, the tribunal must tell the parent that—
(a)he or she may be cross-examined by the tribunal or a party to the proceeding; and
(b)he or she may, at any time while the cross-examination is continuing, refuse to be further cross-examined; and
(c)if he or she acts under paragraph (b), this may affect the weight given by the tribunal to his or her evidence.

s 99X ins 2009 No. 24s 18

Part 4 Medical examinations

pt 4 (ss 99Y–99Z) ins 2009 No. 24s 18

99YPresident or tribunal may authorise medical examination of child

(1)For a review, the president or the tribunal may, by order, authorise a medical examination of a child and require a report of the examination to be filed with the registrar.
(2)The order must state the particular issues the report must address.
(3)The president or tribunal must not make the order unless the president or tribunal is satisfied—
(a)the medical information, if any, available to the tribunal about the child is insufficient to allow the tribunal to decide the review; and
(b)the child’s interests will be best served by making the order.
(4)In deciding whether the child’s interests will be best served by making the order, the president or tribunal must consider the child’s views and wishes, if any, and the effect the medical examination may have on the child having regard to the number and frequency of any previous medical examinations the child has undergone.

pt 4 (ss 99Y–99Z) ins 2009 No. 24s 18

99ZCarrying out medical examinations

(1)This section applies if an order under section 99Y authorises a child’s medical examination.
(2)A doctor may medically examine the child.
(3)Subsection (2) applies even though the child’s parents or guardian has not consented to the examination.
(4)However, subsection (2) is subject to the rights the child has in relation to the examination.
(5)For deciding any liability in relation to the carrying out of the examination, the doctor is taken to have the consent of the child’s parents or guardian to the examination.

pt 4 (ss 99Y–99Z) ins 2009 No. 24s 18

Part 5 Parties

pt 5 (ss 99ZA–99ZC) ins 2009 No. 24s 18

99ZAParties to review

The parties to a review are—
(a)the applicant for the review; and
(b)the decision-maker; and
(c)a person who elects to become a party under section 99ZB ; and
(d)a person joined as a party under section 99ZC .

pt 5 (ss 99ZA–99ZC) ins 2009 No. 24s 18

99ZBCertain persons may elect to become parties

(1)This section applies to a person who is given an information notice under section 99E (6).
(2)The person may elect to become a party to the review to which the notice relates by filing a notice of election with the registrar.
(3)The notice of election must be filed with the registrar within 7 days after the person receives the information notice.
(4)The tribunal may shorten the period for filing the notice of election.
(5)The tribunal may act under subsection (4) only if satisfied that not to do so will result in a child’s interests being adversely affected or another party to the review suffering hardship.

pt 5 (ss 99ZA–99ZC) ins 2009 No. 24s 18

99ZCJoinder of person as party to review

(1)The tribunal may join a person as a party to a review if it is satisfied the person is genuinely concerned in the subject matter of the review.
(2)However, if the review concerns a child, the tribunal may not join a person as a party unless it is satisfied that to do so would be in the child’s best interests.
(3)The tribunal may join a person as a party to the review on its own initiative or on application by the person.
(4)The tribunal may join a person as a party to the review at any time before the review application is finally decided by the tribunal.

pt 5 (ss 99ZA–99ZC) ins 2009 No. 24s 18

Part 6 Confidentiality

pt 6 (ss 99ZD–99ZG) ins 2009 No. 24s 18

99ZDConfidentiality order

(1)The tribunal may, by order (a confidentiality order), prohibit or restrict the disclosure to a party to a proceeding before the tribunal of all or some of the evidence given before the tribunal, or of the whole or part of the contents of a document given to, or received in evidence by, the tribunal for the review.
(2)Subsection (3) applies for the purpose of the tribunal—
(a)deciding whether to make a confidentiality order; or
(b)giving effect to a confidentiality order.
(3)The tribunal may—
(a)exclude a party, and any representative of the party, from part of the proceeding before the tribunal; or
(b)deal with a document in a way that ensures it is not disclosed to a party.
(4)The tribunal may make a confidentiality order only if it is satisfied that if it does not do so—
(a)a child is likely to be harmed; or
(b)the safety of another person is likely to be endangered; or
(c)there would be undue interference with the privacy of a child or another person.
(5)The tribunal may act under subsection (1) on its own initiative or on application by a party to the proceeding before the tribunal.
(6)A confidentiality order does not act to prohibit or limit the disclosure of material to a separate representative in a proceeding before the tribunal.

pt 6 (ss 99ZD–99ZG) ins 2009 No. 24s 18

99ZELimited access to tribunal’s register of proceedings

(1)This section applies to the register of proceedings kept by the principal registrar under the QCAT Act , section 229(1).
(2)Despite the QCAT Act , section 229(2) the principal registrar must ensure that part of the register which relates to proceedings before the tribunal to which this part applies is not available for inspection by the public.
(3)The QCAT Act , section 229(4) does not apply to that part of the register which relates to proceedings before the tribunal to which this part applies.

pt 6 (ss 99ZD–99ZG) ins 2009 No. 24s 18

99ZFLimited access to tribunal’s record of proceedings

(1)This section applies to a record kept under the QCAT Act , section 230 for a proceeding before the tribunal to which this part applies.
(2)Despite the QCAT Act , section 230(3) a person who is not a party to the proceeding may not inspect, or obtain a copy of, the record or a part of the record.

pt 6 (ss 99ZD–99ZG) ins 2009 No. 24s 18

99ZGCertain information not to be published

(1)A person must not publish—
(a)information given in evidence or otherwise in a proceeding before the tribunal; or
(b)information that is likely to identify a person who—
(i)appears as a witness before the tribunal in a proceeding; or
(ii)is a party to the proceeding; or
(iii)is mentioned, or otherwise involved, in the proceeding.

Maximum penalty—

(a)for a corporation—1,000 penalty units; or
(b)for an individual—100 penalty units or 2 years imprisonment.

(2)Subsection (1)(a) does not apply to—
(a)a person if the tribunal or the president of the tribunal consents to the publication of the information by the person; or
(b)the tribunal publishing its final decision in a proceeding, with or without the reasons for the decision.
(3)The tribunal or the president may only consent to the publication as mentioned in subsection (2) if the tribunal or the president is satisfied the publication of the information—
(a)is in the public interest; and
(b)does not conflict with the best interests of the child.
(4)In this section—
information includes—
(a)a matter contained in a document filed with, or received by, the tribunal; and
(b)the tribunal’s decision or reasons for a decision.
publish, for information, means to publish it to the public by way of the internet, newspaper, radio, television or other form of communication.

pt 6 (ss 99ZD–99ZG) ins 2009 No. 24s 18

Part 7 Ensuring tribunal decisions and recommendations are given effect

pt 7 (ss 99ZH–99ZJ) ins 2009 No. 24s 18

99ZHApplication of pt 7

(1)This part applies to each decision of the tribunal on a review application other than a decision to confirm the reviewable decision.
(2)This part also applies to recommendations made by the tribunal, after reviewing a reviewable decision, to the chief executive about policies, practices and procedures of the entity relevant to the making of reviewable decisions.

pt 7 (ss 99ZH–99ZJ) ins 2009 No. 24s 18

99ZIRequests to chief executive

The president may ask the chief executive to notify the president, within a reasonable stated time—
(a)of the steps taken to give effect to the tribunal’s decision; or
(b)of the steps taken to give effect to the tribunal’s recommendations and, if no steps have been taken, the reasons for this.

pt 7 (ss 99ZH–99ZJ) ins 2009 No. 24s 18

99ZJWhat happens if decision not given effect etc.

(1)This section applies if the president, after considering the response of the chief executive given under section 99ZI , is of the opinion that—
(a)the tribunal’s decision has not been given effect; or
(b)no steps have been taken to give effect to the tribunal’s recommendations or the steps taken are inadequate or inappropriate.
(2)The president may report on the matter to the Minister responsible for the department.
(3)The president must attach the following to the report—
(a)if the report is about the tribunal’s decision—copies of the decision and response;
(b)if the report is about the tribunal’s recommendations—copies of the recommendations and response.

pt 7 (ss 99ZH–99ZJ) ins 2009 No. 24s 18

Chapter 3 Court proceedings

ch hdg amd 2000 No. 7s 24

Part 1 Preliminary

100Application of ch 3

This chapter applies to a proceeding under this Act.

101Definition for ch 3

In this chapter—
order means a court assessment order or child protection order.

Part 2 Jurisdiction

102Court’s jurisdiction and constitution

(1)The Childrens Court must be constituted by a judge when exercising its jurisdiction to hear appeals against decisions of the court constituted in another way.
(2)The Childrens Court must be constituted by a judge or magistrate when exercising its jurisdiction to decide applications for child protection orders.
(3)The Childrens Court must be constituted by a judge or magistrate or 2 justices of the peace (magistrates court) when exercising its jurisdiction to—
(a)decide applications for court assessment orders; or
(b)make interim orders on applications for court assessment orders or child protection orders or adjourn the hearing of the applications.

Note—

Under the Acts Interpretation Act 1954 , section 24AA , the court has power to amend or repeal an instrument or decision it is authorised or required to make. The power is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.
(4)Subsection (3) has effect despite the Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (4) .

Note—

Under the Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (4) , the exercise of powers of justices of the peace (magistrates court) constituting a court are limited unless expressly provided in the Act conferring powers on the justices.

103Court’s jurisdiction unaffected by pending criminal proceeding

(1)The Childrens Court’s jurisdiction is not affected merely because a criminal proceeding is pending against—
(a)the child concerned; or
(b)a parent of the child; or
(c)another party to the proceeding in the court; or
(d)anyone else.
(2)Subsection (1) applies whether or not the criminal proceeding has arisen out of the same or similar facts as those out of which the proceeding in the court has arisen.

Part 3 Procedural provisions

Division 1 Court’s procedures

104Court must have regard to particular principles and state reasons

(1)In exercising its jurisdiction or powers, the Childrens Court must have regard to the principles stated in sections 5A to 5C , to the extent the principles are relevant.
(2)When making a decision under this Act, the Childrens Court must state its reasons for the decision.

s 104 sub 2010 No. 33s 53

105Evidence

(1)In a proceeding, the Childrens Court is not bound by the rules of evidence, but may inform itself in any way it thinks appropriate.
(2)If, on an application for an order, the Childrens Court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities.

106Court to ensure parties understand proceeding

(1)In a proceeding for a child, the Childrens Court must, as far as practicable, ensure the child’s parents and other parties to the proceeding (including the child if present) understand the nature, purpose and legal implications of the proceeding and of any order or ruling made by the court.
(2)If the child, parent of a child or other party to a proceeding has a difficulty communicating in English or a disability that prevents him or her from understanding or taking part in the proceeding, the Childrens Court must not hear the proceeding without an interpreter to translate things said in the proceeding or a person to facilitate his or her taking part in the proceeding.

107Expert help

(1)In a proceeding on an application for an order, the Childrens Court may appoint a person having a special knowledge or skill to help the court.
(2)The court may act under subsection (1) on the court’s own initiative or on the application of a party to the proceeding.

Division 2 Right of appearance and representation at hearing

108Right of appearance and representation

(1)In a proceeding on an application for an order for a child—
(a)the child may appear in person or be represented by either or both of the following—
(i)a lawyer engaged as the child’s direct representative to act on the child’s instructions;
(ii)a lawyer appointed under section 110 to act in the child’s best interests; and
(b)the child’s parents and other parties may appear in person or be represented by a lawyer.
(2)Also, if the child’s parents for any reason can not appear in person, another person appointed in writing by the parents may, with the leave of the court, present their views and wishes.

s 108 amd 2016 No. 24s 21

108A[Repealed]

s 108A ins 2005 No. 40s 31

om 2016 No. 24s 22

108BRight of appearance of public guardian

(1)The public guardian may appear in a proceeding on an application for an order for a child.
(2)If the public guardian intends to appear at a proceeding, the public guardian must give written notice of the intention to the registrar of the Childrens Court at the place where the hearing is to be conducted within a reasonable time before the hearing of the application starts.
(3)However, a failure to give notice as required under subsection (2) does not prevent the public guardian appearing at the hearing.
(4)A reference in this part to the public guardian includes a reference to someone authorised in writing by the public guardian for this part.
(5)A person authorised in writing by the public guardian for this part must, if asked, produce evidence of the authorisation.

s 108B ins 2014 No. 26s 203

108CPublic guardian’s role at hearing

(1)The public guardian’s role in a proceeding on an application for an order for a child is—
(a)to support the child by presenting the child’s views and wishes to the Childrens Court; and
(b)to make submissions, call witnesses and test evidence, including by cross-examining witnesses.
(2)The public guardian’s role in the proceeding is not diminished even if there is a direct representative or separate representative for the child.
(3)The public guardian is not a party to the proceeding.
(4)The public guardian’s role in the proceeding ends when the application is decided or withdrawn.

s 108C ins 2014 No. 26s 203

amd 2016 No. 24s 23

108DAccess

(1)This section applies if, in a proceeding in the Childrens Court on an application for an order for a child, a document is before the court.
(2)The public guardian may access a document, and make copies of the document, if a party to the proceeding may also access the document.
(3)Without limiting section 108C (1)(b), the public guardian may make submissions about a document accessed under this section.
(4)In this section—
document includes information.

s 108D ins 2014 No. 26s 203

109Legal representation of child’s parents

(1)If, in a proceeding on an application for an order for a child, a parent of the child appears in the Childrens Court but is not represented by a lawyer, the court may continue with the proceeding only if it is satisfied the parent has had reasonable opportunity to obtain legal representation.
(2)Subsection (1) does not prevent the court exercising powers under chapter 2 , part 5 , division 1 .

110Appointment of a separate representative

(1)If, in a child protection proceeding, the Childrens Court considers it is necessary in the child’s best interests for the child to be separately represented by a lawyer, the court may—
(a)order that the child be separately represented by a lawyer (the child’s separate representative); and
(b)make any other orders it considers necessary to secure the child’s separate legal representation.
(2)Without limiting subsection (1), the court must consider making an order for the child to have a separate representative if the proceeding concerns an application that is contested by the child’s parents or opposed by the child.
(3)The rules of court may prescribe matters that the court must consider when deciding whether to make an order for the child to have a separate representative.
(4)If a separate representative is appointed, he or she must—
(a)to the extent that is appropriate, taking into account the child’s age and ability to understand—
(i)meet with the child; and
(ii)explain the separate representative’s role; and
(iii)help the child take part in the proceedings; and
(b)as far as possible, present the child’s views and wishes to the court.
(5)The separate representative must act in the child’s best interests regardless of any instructions from the child.
(6)The separate representative is not a party to a proceeding on the application but—
(a)must do anything required to be done by a party; and
(b)may do anything allowed to be done by a party.
(7)The parties to the proceeding must act in relation to the proceeding as if the separate representative were a party to the proceeding.
(8)The separate representative’s role ends when—
(a)the application is decided or withdrawn; or
(b)if there is an appeal in relation to the application—the appeal is decided or withdrawn.

s 110 amd 2010 No. 33s 54

sub 2016 No. 24s 24

111Legal representation of more than 1 child

(1)A lawyer may represent more than 1 child in the same proceeding.
(2)However, if the court considers a lawyer should not represent more than 1 child because of a conflict of interest, or a possible conflict of interest, the court may order that a child be represented by another lawyer.

112Child can not be compelled to give evidence

(1)In a proceeding on an application for an order for a child, the child may only be called to give evidence with the leave of the Childrens Court.
(2)The court may grant leave only if the child—
(a)is at least 12 years; and
(b)is represented by a lawyer; and
(c)agrees to give evidence.
(3)If the child gives evidence, he or she may be cross-examined only with the leave of the court.

113Court may allow non-parties to take part in proceedings

(1)This section applies in relation to a proceeding on an application for an order for a child.
(2)On application by a person who is not a party, the court may, by order, allow the person to take part in the proceeding by doing all or some of the things that a party is or may be allowed to do.
(3)Before deciding the application, the court must—
(a)give the other parties a reasonable opportunity to make submissions about the person’s participation; and
(b)consider—
(i)the extent to which the person may be able to inform the court about a matter relevant to the proceeding; and
(ii)the person’s relationship with the child.
(4)An order allowing the person to take part in the proceeding—
(a)must state—
(i)how the person may take part; and
(ii)whether the participation is allowed until the proceeding ends or only for a stated part of the proceeding; and
(b)may be subject to conditions; and
(c)may require the person to do a thing that a party is or may be required to do; and
(d)may provide that a stated provision of this Act, or all provisions, apply in relation to the person as if the person were a party.
(5)This Act applies in relation to the person, as if the person were a party, to the extent provided in the order.
(6)The person may be represented by a lawyer for the purpose of taking part in the proceeding.

s 113 amd 2010 No. 33s 55; 2014 No. 26s 204

sub 2016 No. 24s 25

Division 3 General

114Transfer of proceedings

(1)If a magistrate constituting the Childrens Court is of the opinion a proceeding before the magistrate should be heard by the court constituted by a magistrate at another place, the magistrate may order that the proceeding be transferred to the court constituted by a magistrate at the other place.
(2)A magistrate may act under subsection (1) on the magistrate’s own initiative or on the application of a party to the proceeding.

115Hearing of applications together

(1)The Childrens Court may hear 2 or more applications for orders together if the court considers it is in the interests of justice to do so.
(2)Subsection (1) applies even though the parties, or all of the parties, to the proceedings are not the same.
(3)The court may decide to act under subsection (1), at any time before the applications are decided, on its own initiative or on the application of a party to the proceeding.

s 115 sub 2016 No. 24s 26

116Costs

The parties to a proceeding in the Childrens Court for an order must pay their own costs of the proceeding.

s 116 amd 2000 No. 7s 25

Part 4 Court appeals

117Who may appeal

(1)The following persons may appeal to the appellate court against a decision on an application for a temporary assessment order or a temporary custody order for a child—
(a)the applicant;
(b)the child;
(c)the child’s parents.
(2)A party to the proceeding for an application for a court assessment order or child protection order for a child may appeal to the appellate court against a decision on the application.
(3)In this section—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

s 117 amd 2003 No. 57s 39(1)sch 3; 2010 No. 33s 56

118How to start appeal

(1)The appeal is started by filing a written notice of appeal with the registrar of the appellate court.
(2)The appellant must serve a copy of the notice on the other persons entitled to appeal against the decision.
(3)The notice of appeal must be filed within 28 days after the decision is made.
(4)The court may at any time extend the period for filing the notice of appeal.
(5)The notice of appeal must state fully the grounds of the appeal and the facts relied on.

s 118 amd 2000 No. 7s 26

119Stay of operation of decisions

(1)The appellate court may stay a decision appealed against to secure the effectiveness of the appeal.
(2)A stay—
(a)may be given on the reasonable conditions the court considers appropriate; and
(b)operates for the period fixed by the court; and
(c)may be revoked or amended by the court.
(3)However, the period of a stay must not extend past the time when the court decides the appeal.
(4)An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed.

s 119 prev s 119 om 2000 No. 7s 27

120Hearing procedures

(1)An appeal against a decision of a magistrate on an application for a temporary assessment order or a temporary custody order is not restricted to the material before the magistrate.
(2)An appeal against another decision must be decided on the evidence and proceedings before the Childrens Court.
(3)However, the appellate court may order that the appeal be heard afresh, in whole or part.

s 120 prev s 120 om 2000 No. 7s 27

pres s 120 amd 2010 No. 33s 57

121Powers of appellate court

In deciding an appeal, the appellate court may—
(a)confirm the decision appealed against; or
(b)vary the decision appealed against; or
(c)set aside the decision and substitute another decision; or
(d)set aside the decision appealed against and remit the matter to the magistrate or Childrens Court that made the decision.

s 121 prev s 121 om 2000 No. 7s 27

pres s 121 amd 2003 No. 57s 39(1)sch 3

Chapter 4 Regulation of care

ch hdg prev ch 4 hdg om 2000 No. 7s 27

Part 1 Standards of care

122Statement of standards

(1)The chief executive must take reasonable steps to ensure a child placed in care under section 82 (1) is cared for in a way that meets the following standards (the statement of standards)—
(a)the child’s dignity and rights will be respected at all times;
(b)the child’s needs for physical care will be met, including adequate food, clothing and shelter;
(c)the child will receive emotional care that allows him or her to experience being cared about and valued and that contributes to the child’s positive self-regard;
(d)the child’s needs relating to his or her culture and ethnic grouping will be met;
(e)the child’s material needs relating to his or her schooling, physical and mental stimulation, recreation and general living will be met;
(f)the child will receive education, training or employment opportunities relevant to the child’s age and ability;
(g)the child will receive positive guidance when necessary to help him or her to change inappropriate behaviour;
(h)the child will receive dental, medical and therapeutic services necessary to meet his or her needs;
(i)the child will be given the opportunity to participate in positive social and recreational activities appropriate to his or her developmental level and age;
(j)the child will be encouraged to maintain family and other significant personal relationships;
(k)if the child has a disability—the child will receive care and help appropriate to the child’s special needs.
(2)For subsection (1)(g), techniques for managing the child’s behaviour must not include corporal punishment or punishment that humiliates, frightens or threatens the child in a way that is likely to cause emotional harm.
(3)For subsection (1)(j), if the chief executive has custody or guardianship of the child, the child’s carer must act in accordance with the chief executive’s reasonable directions.
(4)The application of the standards to the child’s care must take into account what is reasonable having regard to—
(a)the length of time the child is in the care of the carer or care service; and
(b)the child’s age and development.

s 122 prev s 122 om 2000 No. 7s 27

pres s 122 amd 2005 No. 40s 32; 2010 No. 33s 58

Part 2 Licensing of care services and approval of carers

pt hdg amd 2005 No. 40s 33

Division 1 Preliminary

123Purpose of pt 2

The purpose of this part is to provide a system of licensing services, and approving individuals, to provide care for children to enable the chief executive to ensure the care of children in the chief executive’s custody or guardianship meets the standards of care in the statement of standards.

Division 2 Licensing of care services

124Individuals can not hold licences

An individual is not eligible to hold a licence.

125Application for, or renewal of, licence

(1)An application for, or renewal of, a licence to provide care services must—
(a)be made by a corporation; and
(b)be made to the chief executive in the approved form; and
(c)nominate an adult to be nominee for the licence; and
(d)be accompanied by a notice that—
(i)is signed by the nominee for the licence; and
(ii)states whether or not for each person mentioned in section 126 (b) (i) or (ii) , the person has a current positive prescribed notice, current negative prescribed notice, current positive exemption notice or current negative exemption notice; and
(iii)if the person has a current positive prescribed notice—states the expiry date for the notice; and
(iv)if the person does not have a current prescribed notice or current exemption notice—states whether or not there is a current application for a prescribed notice or exemption notice about the person; and
(e)if the application is for renewal of a licence—be made at least 30 days before the licence ends.
(2)The application form approved by the chief executive may require the disclosure of the domestic violence history and traffic history of a person to whom section 142A (a) applies.

s 125 amd 2005 No. 40s 34; 2006 No. 17s 4; 2010 No. 5s 24

126Restrictions on granting application

The chief executive must not grant the application unless the chief executive is satisfied—
(a)the applicant is a suitable entity to provide care services; and
(b)the following persons are suitable persons—
(i)the directors of the applicant;
(ii)the nominee for the licence;
(iii)the persons who will be, or are, responsible for directly managing the care service the subject of the application;
(iv)the persons who will be, or are, engaged in relation to the provision of care services by the service; and
(c)each person mentioned in paragraph (b)(i) or (ii) has a current positive prescribed notice or current positive exemption notice; and
(d)the applicant will comply with the Working with Children Act , chapter 8 , in carrying on a regulated business or employing persons in regulated employment under that Act; and
(e)the standard of care provided complies, and will continue to comply, with the statement of standards; and
(f)methods for the selection, training and management of people engaged in providing the services are suitable; and
(g)the applicant’s primary function is a function relating to the care of children in need of protection who are in the custody or guardianship of the chief executive; and
(h)any accommodation provided by the applicant to children in need of protection is, and will continue to be, at a place that the applicant has a suitable right to occupy.

Example of a place that an applicant has a suitable right to occupy—

residential premises leased, rented or owned by the applicant

Example of a place that an applicant does not have a suitable right to occupy—

a motel room booked by the applicant

s 126 amd 2003 No. 57s 39(1)sch 3; 2006 No. 17s 5; 2010 No. 5s 25; 2010 No. 33s 59; 2014 No. 28s 9

127Grant of application

(1)If the chief executive decides to grant the application, the chief executive must issue and give to the applicant a licence.
(2)The licence may be issued subject to the reasonable conditions the chief executive considers appropriate.
(3)The licence must be in the approved form.
(4)The approved form must provide for the inclusion of the following—
(a)the licensee’s name;
(b)the name of the nominee for the licence;
(c)the address of the licensed premises;
(d)any conditions of the licence.

s 127 amd 2003 No. 57s 39(1)sch 3

128Duration of licence

The licence or its renewal has effect for 3 years.

129Refusal of application

(1)If the chief executive decides to refuse the application, the chief executive must give written notice of the decision to the applicant.
(2)The notice must—
(a)be given within 10 days after the decision is made; and
(b)state the reasons for the decision; and
(c)unless the application is refused because a person mentioned in section 126 (b) (i) or (ii) does not have a current positive prescribed notice or current positive exemption notice—
(i)state the applicant may apply to the tribunal to have the decision reviewed; and
(ii)state how, and the time within which, the applicant may apply to have the decision reviewed; and
(iii)state any right the applicant has to have the operation of the decisions stayed.

s 129 amd 2000 No. 59s 151sch 1; 2006 No. 17s 6; 2009 No. 24s 19; 2010 No. 5s 26

129ALicensee’s obligations

A licensee must ensure that—
(a)care services provided by the licensee comply with the standards of care stated in the statement of standards; and
(b)each person the licensee engages to provide care services is a suitable person; and
(c)for carrying on a regulated business or employing persons in regulated employment under the Working with Children Act —the Working with Children Act , chapter 8 is complied with.

s 129A ins 2010 No. 33s 60

amd 2014 No. 28s 10

130Nominees

(1)The nominee for a licence is responsible for ensuring the licensee complies with section 129A unless—
(a)if the nominee is in a position to influence the conduct of the licensee in relation to the licensee’s compliance—the nominee took reasonable steps to ensure the licensee complied; or
(b)the nominee was not in a position to influence the conduct of the licensee in relation to the licensee’s compliance.
(2)An adult may be a nominee for more than 1 licence.

s 130 amd 2003 No. 57s 39(1)sch 3; 2006 No. 17s 7; 2010 No. 5s 27; 2010 No. 33s 61

Division 3 Approval of foster carers and kinship carers

div hdg amd 2005 No. 40s 35

131Application of div 3

This division applies to—
(a)a certificate of approval as an approved foster carer (a foster carer certificate); or
(b)a certificate of approval as an approved kinship carer (a kinship carer certificate).

s 131 (prev s 130A) ins 2005 No. 40s 36

renum 2005 No. 40s 39

132Holding a certificate

(1)Only an individual is eligible to hold a certificate.
(2)Two or more individuals may hold a certificate jointly.
(3)A person living with his or her spouse may only hold a certificate jointly with the spouse.
(4)A person may hold more than 1 kinship carer certificate.

s 132 prev s 132 om 2005 No. 40s 38

pres s 132 (prev s 131) amd 2002 No. 74s 90 sch; 2005 No. 40s 37

renum 2005 No. 40s 39

133Process for initial issue of a certificate

(1)A person may apply to the chief executive to be issued with a certificate.
(2)The application must be in the approved form.
(3)The approved form may require the disclosure of any of the following—
(a)the applicant’s criminal history, domestic violence history and traffic history;
(b)the membership of the applicant’s household;
(c)information of which the applicant is aware, or that the applicant reasonably suspects, about the criminal history, domestic violence history and traffic history of each member of the applicant’s household;
(d)information about whether the applicant and each adult member of the applicant’s household has—
(i)a current positive prescribed notice, current negative prescribed notice, current positive exemption notice or current negative exemption notice; or
(ii)a current application for a prescribed notice or exemption notice;
(e)if the applicant or an adult member of the applicant’s household has a current positive prescribed notice—the expiry date for the notice.
(4)The application must be signed by the applicant and each adult member of the applicant’s household.

Note—

Under division 7 , the chief executive may obtain information about the applicant and adult members of the applicant’s household direct from the police commissioner and the chief executive for transport.
(5)If the chief executive decides to grant the application, the chief executive must issue a certificate and give it to the applicant.
(6)The certificate may be issued subject to the reasonable conditions the chief executive considers appropriate.
(7)If it is a kinship carer certificate, it must relate only to the care of 1 child.
(8)The matters stated in the certificate must include the following—
(a)the approved carer’s name;
(b)whether the carer is an approved foster carer or approved kinship carer;
(c)for a kinship carer certificate—the name of the child for whom the carer is approved;
(d)any conditions of the certificate;
(e)the day of its issue;
(f)the day on which it is due to expire (the expiry day).
(9)The expiry day must be—
(a)for a foster carer certificate—1 year from the day of issue; or
(b)for a kinship carer certificate—not more than 1 year from the day of issue.
(10)Subject to this Act, the certificate has effect until the expiry day.

s 133 sub 2005 No. 40s 38 (amd 2006 No. 17s 19(1))

amd 2010 No. 5s 28

134Process to renew a certificate

(1)Before a certificate ends, the holder may apply to the chief executive to renew the certificate.
(2)The application must be in the approved form.
(3)The approved form may require the disclosure of a change to any of the following information that has not been previously notified to the chief executive—
(a)the applicant’s criminal history, domestic violence history and traffic history;
(b)the membership of the applicant’s household;
(c)information of which the applicant is aware, or that the applicant reasonably suspects, about the criminal history, domestic violence history and traffic history of a member of the applicant’s household;
(d)information about whether the applicant and each adult member of the applicant’s household has—
(i)a current positive prescribed notice, current negative prescribed notice, current positive exemption notice or current negative exemption notice; or
(ii)a current application for a prescribed notice or exemption notice;
(e)if the applicant or an adult member of the applicant’s household has a current positive prescribed notice—the expiry date for the notice.
(4)The application must be signed by the applicant and each adult member of the applicant’s household.

Note—

Under division 7 , the chief executive may obtain information about the applicant and adult members of the applicant’s household direct from the police commissioner and the chief executive for transport.
(5)If the chief executive decides to grant the application, the chief executive must issue a new certificate and give it to the applicant.
(6)The matters stated in the certificate must include the following—
(a)that it is a renewed certificate;
(b)the approved carer’s name;
(c)whether the carer is an approved foster carer or approved kinship carer;
(d)for a kinship carer certificate—the name of the child for whom the carer is approved;
(e)any conditions of the certificate;
(f)the day of its issue;
(g)the day on which it is due to expire (the expiry day).
(7)The conditions may only include conditions that applied immediately before the renewal.

Note—

The conditions may be changed by amending the certificate under division 4 .
(8)The expiry day must be—
(a)for a foster carer certificate—2 years from the day of issue; or
(b)for a kinship carer certificate—not more than 2 years from the day of issue.
(9)Subject to this Act, the certificate has effect until the expiry day.

s 134 amd 2003 No. 57s 39(1)sch 3

sub 2005 No. 40s 38 (amd 2006 No. 17s 19(2))

amd 2010 No. 5s 29

135Restrictions on granting application

(1)The chief executive must not grant an application for, or to renew, a certificate unless the chief executive is satisfied of the following matters—
(a)for a foster carer certificate—
(i)the applicant is a suitable person to be an approved foster carer; and
(ii)all members of the applicant’s household are suitable persons to associate on a daily basis with children; and
(iii)the applicant and each adult member of the applicant’s household have a current positive prescribed notice or current positive exemption notice; and
(iv)the applicant is able to meet the standards of care in the statement of standards; and
(v)the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer’s care;
(b)for a kinship carer certificate—
(i)the applicant is kin to the child to whom the approval relates; and
(ii)the applicant is a suitable person to be an approved kinship carer for the child; and
(iii)all members of the applicant’s household are suitable persons to associate on a daily basis with the child; and
(iv)the applicant and each adult member of the applicant’s household have a current positive prescribed notice or current positive exemption notice; and
(v)the applicant is able to meet the standards of care in the statement of standards; and
(vi)the applicant is able to help in appropriate ways towards achieving plans for the child’s protection.
(2)In this section—
adult member, of an applicant’s household, means a person who is an adult member of the household both at the time when the application is made and when it is decided.

s 135 sub 2005 No. 40s 38 (amd 2006 No. 17s 19(3)–(8))

amd 2010 No. 5s 30

136Refusal of application

(1)If the chief executive decides to refuse an application for, or to renew, a certificate, the chief executive must give written notice of the decision to the applicant.
(2)The notice must—
(a)be given within 10 days after the decision is made; and
(b)state the reasons for the decision; and
(c)unless the application is refused because a person mentioned in section 135 (1)(a)(iii) or (b)(iv) does not have a current positive prescribed notice or current positive exemption notice—
(i)state the applicant may apply to the tribunal to have the decision reviewed; and
(ii)state how, and the time within which, the applicant may apply to have the decision reviewed; and
(iii)state any right the applicant has to have the operation of the decisions stayed.

s 136 amd 2000 No. 59s 151sch 1; 2005 No. 40s 40; 2006 No. 17s 8; 2009 No. 24s 20; 2010 No. 5s 31

Division 3A Provisional approval of carers

div hdg ins 2005 No. 40s 41

136AApplication and purpose of div 3A

(1)This division applies to a certificate of approval as a provisionally approved carer.
(2)The purpose of this division is to enable the chief executive to give limited approval to a person to care for a particular child in circumstances where—
(a)the person has been provisionally assessed as suitable to care for the child; and
(b)it is not possible, or not in the child’s best interests, for the child to be placed in the care of an approved kinship carer for the child, approved foster carer, entity conducting a departmental care service or licensee.

s 136A ins 2005 No. 40s 41

136BHolding a certificate

(1)Only an individual is eligible to hold a certificate.
(2)Two or more individuals may hold a certificate jointly.
(3)A person living with his or her spouse may only hold a certificate jointly with the spouse.
(4)A person may hold more than 1 certificate.

s 136B ins 2005 No. 40s 41

136CBasis for issuing a certificate

The chief executive may decide to issue a person with a certificate relating to the care of a particular child if—
(a)the chief executive proposes to place the child in care under this Act; and
(b)the person has applied for a certificate of approval as—
(i)an approved foster carer; or
(ii)an approved kinship carer for the child; and
(c)the application has not yet been decided; and
(d)the person agrees to being issued with a certificate of approval as a provisionally approved carer for the child; and
(e)the chief executive is satisfied of the following matters—
(i)the person is a suitable person to be a provisionally approved carer for the child;
(ii)all members of the person’s household are suitable persons to associate on a daily basis with the child;
(iii)the person is able to meet the standards of care in the statement of standards.

s 136C ins 2005 No. 40s 41

136DIssue of certificate

(1)If the chief executive makes a decision under section 136C , the chief executive must issue a certificate and give it to the applicant.
(2)The certificate may be issued subject to the reasonable conditions the chief executive considers appropriate.
(3)The certificate must relate only to the care of 1 child.
(4)The matters stated in the certificate must include the following—
(a)the approved carer’s name;
(b)that it is a certificate of approval as a provisionally approved carer;
(c)the name of the child for whom the carer is approved;
(d)any conditions of the certificate;
(e)the day of its issue;
(f)the day on which it is due to expire (the expiry day).
(5)The expiry day must be not more than 60 days from the day of issue.
(6)Subject to this Act, the certificate has effect until the earlier of the following days—
(a)the expiry day;
(b)the day the carer is—
(i)issued with a foster carer certificate or kinship carer certificate for the child; or
(ii)given written notice that the carer’s application for a foster carer certificate or kinship carer certificate for the child has been refused.
(7)If the approved carer starts to live with his or her spouse after the issue of the certificate but before its expiry day, the certificate continues to have effect until the day mentioned in subsection (6).

s 136D ins 2005 No. 40s 41

amd 2010 No. 33s 62

Division 4 Amendment, suspension, cancellation and surrender of authorities

div hdg amd 2003 No. 57s 39(1)sch 3

Subdivision 1 Amendment

sdiv hdg ins 2006 No. 17s 3 sch

137Amendment of authority on application of holder

(1)The holder of an authority may apply to the chief executive for an amendment of the authority.
(2)A certificate of approval as an approved kinship carer or a provisionally approved carer may not be amended to change the child for whom the carer is approved.
(3)The chief executive must consider the application and decide whether to grant or refuse it within 28 days after receiving it.
(4)If the chief executive is satisfied the amendment is necessary or desirable, the chief executive must grant the application.
(5)If the amendment is about changing the nominee for a licence, in deciding whether the amendment is necessary or desirable, the chief executive must consider—
(a)whether the proposed nominee is a suitable person; and
(b)whether the proposed nominee has—
(i)a current positive prescribed notice or current positive exemption notice; or
(ii)a current application for a prescribed notice or exemption notice.
(6)If the chief executive is not satisfied the amendment is necessary or desirable, the chief executive must—
(a)refuse the application; and
(b)give written notice to the applicant of the decision.
(7)The notice must—
(a)be given within 10 days after the chief executive decides to refuse the application; and
(b)state the reasons for the decision; and
(c)state the applicant may apply to the tribunal to have the decision reviewed; and
(d)state how, and the time within which, the applicant may apply to have the decision reviewed; and
(e)state any right the applicant has to have the operation of the decisions stayed.
(8)Subsection (7)(c) and (d) do not apply to a provisional certificate.

s 137 amd 2000 No. 59s 151sch 1; 2003 No. 57s 39(1)sch 3; 2005 No. 40s 42 (amd 2006 No. 17s 20); 2009 No. 24s 21; 2010 No. 5s 32

138Amendment of authority by the chief executive

(1)The chief executive may amend an authority at any time if—
(a)the holder agrees to the amendment; or
(b)the chief executive considers it is necessary or desirable because—
(i)the holder is not meeting the standards required under the authority or a condition of the authority; or
(ii)the holder has contravened a provision of this Act; or
(iii)the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or
(iv)of another circumstance prescribed under a regulation.
(2)If the chief executive considers it necessary or desirable to amend an authority under subsection (1)(b), the chief executive must give the holder a written notice under this section.
(3)The notice must state the following—
(a)the proposed amendment and the grounds for the amendment;
(b)the facts and circumstances forming the basis for the grounds;
(c)that the holder may make written representations to the chief executive to show why the authority should not be amended;
(d)the term, at least 28 days after the notice is given to the holder, within which the representations may be made.
(4)After the end of the term stated in the notice, the chief executive must consider the representations properly made by the holder.
(5)If the chief executive is satisfied the amendment is necessary or desirable, the chief executive must give written notice to the holder of the decision.
(6)The notice must—
(a)be given within 10 days after the decision is made; and
(b)state the reasons for the decision; and
(c)state the holder may apply to the tribunal to have the decision reviewed; and
(d)state how, and the time within which, the holder may apply to have the decision reviewed; and
(e)state any right the holder has to have the operation of the decisions stayed.
(7)If the chief executive is not satisfied the amendment is necessary or desirable, the chief executive must, as soon as practicable, give written notice to the holder of the decision.
(8)The chief executive may not act under this section—
(a)to amend a certificate of approval to extend the period for which the certificate has effect; or
(b)to amend a provisional certificate.

s 138 amd 2000 No. 59s 151sch 1; 2005 No. 40s 43; 2009 No. 24s 22

138AAmendment of kinship carer certificate to extend its expiry day

(1)This section applies to a certificate of approval as an approved kinship carer.
(2)The chief executive may amend the certificate to extend its expiry day if—
(a)the certificate is still in force; and
(b)the chief executive is satisfied the amendment is appropriate and desirable to meet the needs of the child for whom the holder is approved; and
(c)the holder agrees to the amendment.
(3)The expiry day may only be extended to a day that is—
(a)for an initial certificate—not more than 1 year after the day it is issued; or
(b)for a renewed certificate—not more than 2 years after the day it is issued.
(4)In this section—
expiry day means the day on which the certificate is due to expire.

s 138A ins 2005 No. 40s 44

138BAmendment of provisional certificate to extend its expiry day

(1)This section applies to a certificate of approval as a provisionally approved carer.
(2)The chief executive may amend the certificate to extend its expiry day if—
(a)the certificate is still in force; and
(b)the chief executive is satisfied the amendment is appropriate and desirable to meet the needs of the child for whom the holder is approved; and
(c)the holder agrees to the amendment.
(3)Despite section 136D(5), the expiry day may be extended to a day that is more than 60 days after the day the certificate was issued.
(4)The expiry day may not be extended by more than 30 days.
(5)The expiry day may only be extended once.
(6)In this section—
expiry day means the day on which the certificate is due to expire.

s 138B ins 2005 No. 40s 44 (amd 2006 No. 17s 21)

138COther amendment of provisional certificate by the chief executive

(1)This section applies to a certificate of approval as a provisionally approved carer.
(2)The chief executive may amend the certificate at any time if—
(a)the holder agrees to the amendment; or
(b)the chief executive considers it is necessary or desirable because—
(i)the holder is not meeting the standards required under the certificate or a condition of the certificate; or
(ii)the holder has contravened a provision of this Act; or
(iii)the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or
(iv)the chief executive has obtained further information relating to the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; or
(v)of another circumstance prescribed under a regulation.
(3)If the chief executive decides to amend the certificate under subsection (2)(b), the chief executive must give the holder a written notice stating—
(a)the amendment; and
(b)the reasons for the decision to make the amendment.
(4)This section does not apply to an amendment of the certificate to extend its expiry day.

s 138C ins 2005 No. 40s 44

Subdivision 2 Suspension or cancellation, other than immediate suspension or cancellation

sdiv hdg ins 2006 No. 17s 3 sch

139Authority may be suspended or cancelled

(1)The chief executive may suspend or cancel an authority on the following grounds—
(a)if the authority is a licence—a relevant person, for the licence, is not a suitable person;
(b)if the authority is a certificate of approval as an approved foster carer—
(i)the holder of the certificate is not a suitable person to be an approved foster carer; or
(ii)a member of the holder’s household is not a suitable person to associate on a daily basis with children;
(c)if the authority is a certificate of approval as an approved kinship carer—
(i)the holder of the certificate is not a suitable person to be an approved kinship carer for the child to whom the approval relates; or
(ii)a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates;
(d)if the authority is a certificate of approval as a provisionally approved carer—
(i)the holder is not a suitable person to be a provisionally approved carer for the child to whom the approval relates; or
(ii)a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; or
(iii)the chief executive has decided to refuse the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer;
(e)the holder is not meeting the standards required under the authority or another condition of the authority;
(f)the holder has contravened a provision of this Act;
(g)the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing);
(h)it is inappropriate for the holder to continue to hold the authority because of—
(i)information given to the chief executive under division 6 or the Working with Children Act , other than information in relation to which the chief executive must suspend or cancel the authority under subdivision 3; or
(ii)a circumstance prescribed under a regulation.
(2)The chief executive may cancel a certificate of approval if the holder lives with the holder’s spouse but does not hold the certificate jointly with the spouse.
(3)The chief executive may cancel a certificate of approval held jointly by 2 persons if—
(a)when the certificate was issued to them, they were spouses living together; and
(b)they have stopped being spouses or stopped living together; and
(c)the chief executive considers it inappropriate in all the circumstances for them to continue to jointly hold the certificate.
(4)However, if the holder of a certificate of approval mentioned in subsection (2) or (3) (the current certificate) applies for another certificate of approval, the chief executive must not cancel the current certificate under subsection (2) or (3) until the application is decided.
(5)Also, the chief executive may suspend or cancel an authority if any of the following persons does not have a current positive prescribed notice or current positive exemption notice—
(a)if the authority is a licence—a relevant person for the licence;
(b)if the authority is a certificate of approval—the holder of the certificate or an adult member of the holder’s household.
(6)Subsection (5) does not apply to an authority that may be suspended or cancelled under subdivision (3).
(7)In this section—
relevant person, for a licence, means—
(a)a director of the licensee; or
(b)the nominee for the licence; or
(c)a person responsible for directly managing the care service the subject of the licence; or
(d)a person who is engaged in relation to the provision of care services by the service.

s 139 amd 2003 No. 57s 39(1)sch 3; 2005 No. 40s 45 (amd 2006 No. 17s 22); 2010 No. 5s 33; 2014 No. 28s 11

140Procedure for suspension or cancellation

(1)If the chief executive considers a ground exists to suspend or cancel an authority under section 139 (the proposed action), the chief executive must give the holder written notice that states the following—
(a)the proposed action;
(b)the grounds for the proposed action;
(c)the facts and circumstances forming the basis for the grounds;
(d)if the proposed action is suspension of the authority, the proposed suspension period;
(e)that the holder may make, within a stated time of at least 28 days, written representations to show why the proposed action should not be taken.
(2)If, after considering all written representations made within the stated time, the chief executive still considers a ground to take the proposed action exists, the chief executive may—
(a)if the proposed action was to suspend the authority for a stated period—suspend the authority for not longer than the proposed suspension period; or
(b)if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period.
(3)The chief executive must inform the holder of the decision by written notice.
(4)The notice must be given within 10 days after the chief executive makes the decision.
(5)If the chief executive decides to suspend or cancel the authority, the notice must state—
(a)the reasons for the decision; and
(b)the holder may apply to the tribunal to have the decision reviewed; and
(c)how, and the time within which, the holder may apply to have the decision reviewed; and
(d)any right the holder has to have the operation of the decisions stayed.
(6)The chief executive must record particulars of the suspension or cancellation on the authority.
(7)This section does not apply to a provisional certificate.

s 140 amd 2000 No. 59s 151sch 1; 2005 No. 40s 46; 2009 No. 24s 23

140AA Procedure for suspension or cancellation of provisional certificate

(1)This section applies if the chief executive decides to suspend or cancel a certificate of approval as a provisionally approved carer.
(2)The chief executive must inform the holder of the decision by written notice, stating the reasons for the decision.
(3)The chief executive must record particulars of the suspension or cancellation on the authority.
(4)To remove any doubt, it is declared that the suspension or cancellation does not, of itself, affect the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer.

s 140AA ins 2005 No. 40s 47

Subdivision 3 Immediate suspension or cancellation of particular authorities

sdiv hdg ins 2006 No. 17s 9

140AB Definitions for sdiv 3

In this subdivision—
apply for a review, of a decision under the Working with Children Act to issue or give a negative prescribed notice or negative exemption notice, means apply to the tribunal under section 309 (3) or 354 of that Act for a review of the decision.

def apply for a review sub 2010 No. 5s 34

amd 2014 No. 28s 12

approved carer does not include a provisionally approved carer.
disqualifying event ...

def disqualifying event sub 2010 No. 5s 34

om 2010 No. 33s 63(1)

prescribed provision means—
(a)in relation to a prescribed notice—the Working with Children Act , section 224 or 239 ; or
(b)in relation to an exemption notice—the Working with Children Act , section 224 (as applied under section 285 ) or 297.

def prescribed provision sub 2010 No. 5s 34

amd 2014 No. 28s 12

prohibiting event, for a person, means—
(a)the person is issued with or given a negative prescribed notice or negative exemption notice other than—
(i)under a prescribed provision; or
(ii)on cancellation of a positive prescribed notice or positive exemption notice that is suspended; or
(b)the person’s positive prescribed notice or positive exemption notice is suspended; or
(c)an application for a prescribed notice or exemption notice about the person is withdrawn.

def prohibiting event ins 2010 No. 33s 63(2)

relevant person
(a)for an approved carer’s certificate of approval—means a person who is a member of the carer’s household; or
(b)for a licence—means the nominee for the licence or a director of the licensee.

s 140AB ins 2006 No. 17s 9

140AC Immediate suspension

(1)Subsection (2) applies if a prohibiting event happens to—
(a)an approved carer, or a member of an approved carer’s household; or
(b)the nominee for a licence, or a director of a licensee.
(2)The chief executive must suspend the approved carer’s certificate of approval or the licence as soon as practicable after becoming aware of the prohibiting event.
(3)Subsection (4) applies if a relevant person for an authority is issued with or given a negative prescribed notice or negative exemption notice under a prescribed provision.
(4)The chief executive must suspend the authority as soon as practicable after the day the negative prescribed notice or negative exemption notice is issued or given, unless the chief executive decides to cancel the authority under section 140AG(3) or 140AH(1).
(5)However, the chief executive must not suspend an authority because a prohibiting event happens to a relevant person for the authority, or the relevant person is issued with or given a negative prescribed notice or negative exemption notice under a prescribed provision, if the chief executive is satisfied the person is no longer a relevant person.

s 140AC ins 2006 No. 17s 9

amd 2010 No. 5s 35; 2010 No. 33s 64

140AD Notice of suspension

(1)If a person’s authority is suspended under this subdivision, the chief executive must immediately give written notice of the suspension to the person.
(2)The notice must state—
(a)that the authority is suspended under section 140AC; and
(b)the reason for the suspension.
(3)The suspension of the person’s authority takes effect on the day the notice is given to the person.

s 140AD ins 2006 No. 17s 9

140AE Period of suspension

The suspension of an authority remains in force until the earliest of the following to happen—
(a)the day on which the authority is due to expire under this Act;
(b)the suspension ends under section 140AF;
(c)the authority is cancelled under section 140AG or 140AH.

s 140AE ins 2006 No. 17s 9

140AF End of suspension

(1)The suspension of a person’s authority ends if the person or relevant person is issued with or given a positive prescribed notice or positive exemption notice or a further positive prescribed notice or positive exemption notice.
(2)If an authority is suspended because a prohibiting event happens to a relevant person for the authority, or the relevant person is issued with or given a negative prescribed notice or negative exemption notice under a prescribed provision, the chief executive must end the suspension if satisfied the person is no longer a relevant person.
(3)If the chief executive ends the suspension of a person’s authority under subsection (2)—
(a)the chief executive must give the person written notice that the suspension is ended; and
(b)the suspension ends on the day the notice is given to the person.

s 140AF ins 2006 No. 17s 9

amd 2010 No. 5s 36; 2010 No. 33s 65

140AG Cancellation of certificate of approval

(1)If an approved carer is issued with or given a negative prescribed notice or negative exemption notice under a prescribed provision, the chief executive must cancel the carer’s certificate of approval as soon as practicable after the day the notice is issued or given.
(2)If an approved carer’s certificate of approval is suspended under this subdivision and the carer is issued with or given a negative prescribed notice or negative exemption notice, other than under a prescribed provision, the chief executive must cancel the certificate of approval as soon as practicable after—
(a)if the carer does not apply for a review of the decision to issue or give the notice—the end of the period in which the carer may apply for the review; or
(b)if the carer applies for a review and the decision to issue or give the notice is upheld on the review—the day the decision is upheld.
(3)If a relevant person for an approved carer’s certificate of approval is issued with or given a negative prescribed notice or negative exemption notice under a prescribed provision, the chief executive may cancel the certificate of approval after the day the notice is issued or given, whether or not the certificate has been suspended under this subdivision.
(4)If an approved carer’s certificate of approval is suspended under this subdivision and a relevant person for the carer’s certificate of approval is issued with or given a negative prescribed notice or negative exemption notice, other than under a prescribed provision, the chief executive may cancel the certificate of approval after—
(a)if the relevant person does not apply for a review of the decision to issue or give the notice—the end of the period in which the person may apply for the review; or
(b)if the relevant person applies for a review and the decision to issue or give the notice is upheld on the review—the day the decision is upheld.
(5)The chief executive must not cancel a certificate of approval under subsection (3) or (4) if satisfied the relevant person is no longer a member of the approved carer’s household.

s 140AG ins 2006 No. 17s 9

amd 2010 No. 5s 37

140AH Cancellation of licence

(1)If a relevant person for a licence is issued with or given a negative prescribed notice or negative exemption notice under a prescribed provision, the chief executive may cancel the licence after the day the notice is issued or given, whether or not the licence has been suspended under this subdivision.
(2)If a licence is suspended under this subdivision and a relevant person for the licence is issued with or given a negative prescribed notice or negative exemption notice, other than under a prescribed provision, the chief executive may cancel the licence after—
(a)if the relevant person does not apply for a review of the decision to issue or give the notice—the end of the period in which the person may apply for the review; or
(b)if the relevant person applies for a review and the decision to issue or give the notice is upheld on the review—the day the decision is upheld.
(3)The chief executive must not cancel a licence under this section if satisfied the relevant person is no longer the nominee for the licence or a director of the licensee.

s 140AH ins 2006 No. 17s 9

amd 2010 No. 5s 38

140AI Notice of cancellation

(1)If the chief executive cancels a person’s authority under this subdivision, the chief executive must immediately give written notice of the cancellation to the person.
(2)The notice must state each of the following—
(a)that the authority is cancelled under section 140AG or 140AH;
(b)the reason for the cancellation;
(c)if the chief executive decides to cancel the authority under section 140AG(3) or (4) or 140AH—
(i)the person may apply to the tribunal to have the decision reviewed; and
(ii)how, and the time within which, the person may apply to have the decision reviewed; and
(iii)any right the person has to have the operation of the decisions stayed.
(3)The cancellation of the person’s authority takes effect on the day the notice is given to the person.

s 140AI ins 2006 No. 17s 9

amd 2009 No. 24s 24

Subdivision 4 Other matters about amendment, suspension or cancellation

sdiv hdg ins 2006 No. 17s 9

140AChief executive to give particular information to chief executive (employment screening)

(1)This section applies if the chief executive—
(a)amends, suspends or cancels a person’s certificate of approval under this division (a disciplinary action); and
(b)reasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Act .
(2)The chief executive must give written notice of the disciplinary action to the chief executive (employment screening).
(3)A notice under subsection (2) must state the following—
(a)the person’s name and address;
(b)the person’s date and place of birth;
(c)that disciplinary action has been taken against the person, without stating anything further about the disciplinary action.
(4)Subsection (5) applies if the chief executive (employment screening)—
(a)requests further information about the disciplinary action; and
(b)notifies the chief executive that the person is an applicant for, or holder of, a prescribed notice or exemption notice under the Working with Children Act .
(5)The chief executive must give the chief executive (employment screening) a written notice stating the following—
(a)the form of disciplinary action taken;
(b)when the conduct happened that constituted a ground for the disciplinary action;
(c)the nature of the conduct that constituted a ground for the disciplinary action;
(d)any other information about the disciplinary action the chief executive considers may be relevant to employment screening under the Working with Children Act , chapter 8 , including, for example, details about the nature of the disciplinary action.
(6)A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child.
(7)If the chief executive gives the chief executive (employment screening) information under subsection (5) about disciplinary action and the disciplinary action is set aside on review or appeal, the chief executive must notify the chief executive (employment screening) of the following—
(a)the disciplinary action has been set aside;
(b)the reasons given by the entity that set the disciplinary action aside for setting it aside.

s 140A ins 2004 No. 49s 53 sch

amd 2005 No. 40s 48; 2006 No. 17s 3 sch

sub 2010 No. 5s 39

amd 2014 No. 28s 13

141Amendment, suspension and cancellation of authorities

(1)This section applies if the chief executive—
(a)grants an application to amend an authority or decides to amend an authority; or
(b)decides to suspend or cancel an authority.
(2)The holder of the authority must, on receipt of written notice by the chief executive, give the authority to the chief executive within the period stated in the notice.
(3)The stated period must be—
(a)if the authority is a provisional certificate—not less than 2 days after the notice is given; or
(b)otherwise—not less than 7 days after the notice is given.
(4)If a suspended authority is returned to the chief executive, the chief executive must return it to the holder at the end of the suspension.
(5)A suspension or cancellation, other than under subdivision 3, takes effect on the later of—
(a)the day on which the notice is given; or
(b)if a later day is stated in the notice—the later day.
(6)If an authority is returned to the chief executive for amendment, the chief executive must—
(a)cancel the existing authority; and
(b)issue and give to the holder a new authority containing the amendment; and
(c)give the holder written notice stating—
(i)the old authority has been cancelled; and
(ii)the way in which the new authority is different from the old authority.
(7)The new authority—
(a)takes effect on the later of—
(i)the day on which the notice is given to the holder; or
(ii)if a later day is stated in the notice—the later day; and
(b)has effect for the remainder of the term of the old authority.
(8)Subsection (7)(b) does not apply to an amendment of a certificate of approval to extend its expiry day under section 138A or 138B.
(9)In this section—
holder, of an authority, includes a former holder of an authority.

s 141 amd 2005 No. 40s 49 (amd 2006 No. 17s 23)

Subdivision 5 Surrender

sdiv hdg ins 2006 No. 17s 3 sch

141ASurrender of authorities

(1)The holder of an authority may surrender the authority by written notice given to the chief executive.
(2)The surrender takes effect—
(a)for a licence or certificate of approval as an approved foster carer—
(i)on the day that is 21 days after the notice is given to the chief executive; or
(ii)if a later day of effect is stated in the notice—on the later day; or
(b)for a certificate of approval as an approved kinship carer or provisionally approved carer—
(i)on the day the notice is given to the chief executive; or
(ii)if a later day of effect is stated in the notice—on the later day.
(3)The holder must return the authority to the chief executive within 7 days after the day the surrender takes effect.

s 141A ins 2003 No. 57s 39(1)sch 3

amd 2005 No. 40s 50

Division 5 Notification of changes relating to authority holders and associated persons

div hdg sub 2005 No. 40s 51

141BPersonal history

(1)A person’s personal history is—
(a)for the nominee for a licence or a person to whom section 141D applies—the person’s domestic violence history and traffic history; or
(b)for an approved foster carer or kinship carer, or a member of the carer’s household who has a current positive prescribed notice or current positive exemption notice—the person’s domestic violence history and traffic history; or
(c)for a member of an approved foster carer’s or kinship carer’s household who does not have a current positive prescribed notice or current positive exemption notice—the person’s criminal history, domestic violence history and traffic history; or
(d)for a provisionally approved carer or a member of the carer’s household—the person’s criminal history, domestic violence history and traffic history.
(2)A reference in this division to a change in a person’s personal history includes, for a person who does not have a personal history, the acquisition of a personal history.

s 141B ins 2005 No. 40s 51 (amd 2006 No. 17s 24(1))

amd 2010 No. 5s 40

141CPersonal history change—nominee

If there is a change in the personal history of the nominee for a licence, the nominee must immediately notify the chief executive, in the approved form, that the change has happened.

Maximum penalty—100 penalty units.

s 141C ins 2005 No. 40s 51

141DPersonal history change—other persons associated with a licence

(1)This section applies to each of the following persons in relation to a licensed care service—
(a)a person responsible for directly managing the service;
(b)a director of the licensee;
(c)a person engaged in relation to the provision of care services by the service.
(2)If there is a change in the person’s personal history, the person must immediately disclose to the nominee for the licence that there has been a change in the person’s personal history.

Maximum penalty—100 penalty units.

(3)On receiving the disclosure, the nominee must immediately notify the chief executive, in the approved form, that there has been a change in the person’s personal history.

Maximum penalty—100 penalty units.

(4)Subsection (2) does not apply if, immediately after the change, the person stops being a person mentioned in subsection (1).
(5)To remove any doubt, it is declared that it is not a requirement of subsection (2) that the person give the nominee any information about the change other than that a change has happened.

s 141D ins 2005 No. 40s 51

141EPersonal history change—approved carer

If there is a change in an approved carer’s personal history, the approved carer must immediately notify the chief executive, in the approved form, that the change has happened.

Maximum penalty—100 penalty units.

s 141E ins 2005 No. 40s 51

141FPersonal history change—other household members

(1)This section applies if an approved carer becomes aware of, or reasonably suspects there has been, a change in the personal history of a member of the carer’s household.
(2)The approved carer must immediately notify the chief executive, in the approved form, that the change has happened or is suspected to have happened.

Maximum penalty—100 penalty units.

s 141F ins 2005 No. 40s 51

141GApproved carer must notify other changes

(1)This section applies to an approved carer if—
(a)a person becomes a member of the approved carer’s household; or
(b)a person stops being a member of the approved carer’s household; or
(c)a person becomes the approved carer’s spouse; or
(d)a person stops being the approved carer’s spouse.
(2)The approved carer must immediately give the chief executive notice of the matter in the approved form.

Maximum penalty—100 penalty units.

(3)The approved form must include provision for it to be signed by a person mentioned in subsection (1)(a) if the person is an adult.
(4)If an adult becomes a member of the approved carer’s household, the approved carer does not commit an offence against subsection (2) only by giving a notice under subsection (2) that is not signed by the adult.

s 141G ins 2005 No. 40s 51

Division 6 Notification of other information about licences and associated persons

div hdg ins 2005 No. 40s 51 (amd 2006 No. 17s 24(2))

141HNominee for licence

(1)This section applies to the nominee for a licence if any of the following events happen—
(a)the nominee applies for a prescribed notice or exemption notice and the application is withdrawn;
(b)the nominee is charged with a disqualifying offence or convicted of a serious offence;
(c)the nominee must, under the Working with Children Act , section 324 or 325, notify the chief executive (employment screening) of a change in police information within the meaning of that Act;
(d)the nominee becomes aware that an application for a prescribed notice or exemption notice about a relevant person for the licence—
(i)is withdrawn; or
(ii)is made because of a change in the person’s criminal history;
(e)the nominee becomes aware that a relevant person for the licence—
(i)is charged with a disqualifying offence or convicted of a serious offence; or
(ii)is issued with or given a negative prescribed notice or negative exemption notice.
(2)The nominee must, immediately after the event happens, give the chief executive written notice of the event.

Maximum penalty—100 penalty units.

(3)For an event mentioned in subsection (1)(d) or (e), the notice must state—
(a)the relevant person’s name and date of birth; and
(b)if the person has a current positive prescribed notice or current positive exemption notice—the notice’s registration number under the Working with Children Act .
(4)In this section—
relevant person, for a licence, means—
(a)a person responsible for directly managing the licensed care service under the licence; or
(b)a person engaged in relation to the provision of care services by the service.

s 141H ins 2005 No. 40s 51 (amd 2006 No. 17s 24(2))

amd 2008 No. 18s 51 sch; 2010 No. 5s 41; 2014 No. 28s 14

141IDirector of licensee

(1)This section applies if any of the following events happen in relation to a director of a licensee—
(a)the director applies for a prescribed notice or exemption notice and the application is withdrawn;
(b)the director is charged with a disqualifying offence or convicted of a serious offence;
(c)the director must, under the Working with Children Act , section 324 or 325, notify the chief executive (employment screening) of a change in police information within the meaning of that Act.
(2)The director must immediately disclose to the nominee for the licence the fact that the event has happened.

Maximum penalty—100 penalty units.

(3)On receiving the disclosure, the nominee must immediately give the chief executive written notice of the event.

Maximum penalty—100 penalty units.

s 141I ins 2005 No. 40s 51 (amd 2006 No. 17s 24(2))

amd 2008 No. 18s 51 sch; 2010 No. 5s 42; 2014 No. 28s 15

Division 7 Obtaining criminal histories and other information to decide persons’ suitability

div hdg ins 2005 No. 40s 51

142Meaning of police information

In this division—
police information, about a person, means the following—
(a)for an applicant for a certificate of approval who has, or to whom the chief executive proposes to issue, a provisional certificate—the person’s criminal history and domestic violence history;
(b)for another applicant for a certificate of approval—the person’s domestic violence history;
(c)for a holder of a foster carer or kinship carer certificate—the person’s domestic violence history;
(d)for an adult member of the household of a person mentioned in paragraph (a)—the person’s criminal history and domestic violence history;
(e)for an adult member of the household of a person mentioned in paragraph (b) or (c), other than an adult member to whom paragraph (f) or (g) applies—the person’s domestic violence history;
(f)for a person who does not have a current positive prescribed notice or current positive exemption notice and becomes an adult member of the household of an applicant mentioned in paragraph (b) after the application is made—the person’s criminal history and domestic violence history;
(g)for a person who does not have a current positive prescribed notice or current positive exemption notice and becomes an adult member of an approved foster carer’s or kinship carer’s household after the carer is issued with a certificate of approval—the person’s criminal history and domestic violence history;
(h)for a person mentioned in section 142A(a)—the person’s domestic violence history.

s 142 amd 2000 No. 7s 28; 2003 No. 57s 39(1)sch 3

sub 2005 No. 40s 51 (amd 2006 No. 17s 24(3))

amd 2010 No. 5s 43

142APersons whose suitability may be investigated

This division provides for the chief executive to obtain particular information to help in deciding, and monitoring, the suitability of—
(a)for a licence—
(i)the person who will be or is responsible for directly managing the service under the licence; and
(ii)the directors of an applicant for the licence or the licensee; and
(iii)the nominee for the licence; and
(iv)the persons who will be, or are, engaged in relation to the provision of care services by the service; or
(b)for a certificate of approval—
(i)an applicant for, or holder of, the certificate; and
(ii)another adult member of the household of an applicant for, or holder of, the certificate.

s 142A ins 2005 No. 40s 51

142BObtaining traffic information

(1)The chief executive may ask the chief executive for transport for a written report about the traffic history of a person mentioned in section 142A.
(2)The chief executive for transport must comply with the request despite the Transport Operations (Road Use Management) Act 1995 , section 77 .

s 142B ins 2005 No. 40s 51

142CObtaining police information

(1)The chief executive may ask the police commissioner for information, or for access to the police commissioner’s records, to enable the chief executive to learn what police information exists, if any, in relation to a person mentioned in section 142A.
(2)If there is police information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a conviction or charge mentioned in the police information.
(3)The police commissioner must comply with a request under subsection (1) or (2).
(4)However, the duty imposed on the police commissioner to comply with a request for information applies only to information in the police commissioner’s possession or to which the police commissioner has access.

s 142C ins 2005 No. 40s 51 (amd 2006 No. 17s 24(4)–(5))

142DChief executive may enter into arrangement with police commissioner about giving and receiving information

(1)This section applies only to the extent that another provision under this Act allows the chief executive to give information to the police commissioner or the police commissioner to give information to the chief executive.
(2)The chief executive and the police commissioner may enter into a written arrangement by which the information is given or received.
(3)Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis.
(4)However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.

s 142D (prev s 142E) ins 2005 No. 40s 51 (amd 2006 No. 17s 24(7))

Division 8 General

div hdg ins 2005 No. 40s 51

143Effect of failure to decide application for, or for renewal of, authority

(1)If the chief executive fails to decide an application for an authority within 90 days after it is properly made—
(a)the chief executive is taken to have decided to refuse the application; and
(b)the applicant is taken to have received notice of the decision at the end of the time.
(2)If an application is properly made for renewal of an authority, the authority is taken to continue to have effect from the day that it would, apart from this subsection, have ended until the application is decided.
(3)However, if the application is refused, the authority continues to have effect until notice of the decision is given to the applicant.
(4)Subsection (1) is subject to section 143A.
(5)Subsection (2) does not apply if the authority is earlier suspended or cancelled.

s 143 amd 2006 No. 17s 10

143AFurther consideration of application for authority

(1)This section applies if the chief executive considers more time is needed to decide an application for an authority because of the nature of the matters that need to be considered in deciding it.
(2)The chief executive and the applicant may at any time before the end of 90 days after the application is properly made agree in writing to extend the period within which the application must be decided.
(3)The agreement must state the period of the extension.
(4)If the chief executive does not decide the application within the period as extended under subsection (2)—
(a)the chief executive is taken to have decided to refuse the application; and
(b)the applicant is taken to have received notice of the decision at the end of the period.

s 143A ins 2006 No. 17s 11

144Offence to contravene condition of licence

A licensee must not contravene a condition of the licence.

Maximum penalty—50 penalty units.

145Authorised officer may require production of licence, approval etc.

(1)An authorised officer may—
(a)require a licensee or holder of a certificate of approval to produce to the officer—
(i)the person’s licence or certificate of approval; or
(ii)a document required to be kept by the person under this Act; and
(b)inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (a).
(2)An authorised officer—
(a)may keep a document under subsection (1)(b) only to take copies of it; and
(b)must, as soon as practicable after taking the copies, return it to the person who produced it.

146Authorised officer may enter and inspect licensed premises

(1)An authorised officer may, at any reasonable time, enter and inspect licensed premises to ensure this Act is being complied with.
(2)The officer may be accompanied by a police officer and may talk to anyone involved in providing the care service.

147Regular inspections of licensed residential facilities

The chief executive must regularly inspect each licensed residential facility to assess whether the care provided to children in the facility meets the standards of care in the statement of standards.

s 147 ins 2000 No. 7s 29

148AChief executive to notify chief executive (employment screening) about particular persons

(1)This section applies if—
(a)the chief executive applies for a prescribed notice or exemption notice about a person and, before the application is decided, the chief executive—
(i)becomes aware that the person no longer proposes to be engaged in regulated employment mentioned in the Working with Children Act , schedule 1 , section 14 (1) or (2); or
(ii)if the person has applied for a certificate of approval—refuses the person’s application for the certificate; or
(b)the chief executive becomes aware that a person engaged in regulated employment mentioned in paragraph (a)(i) stops being engaged in the employment.
(2)The chief executive must as soon as practicable give the chief executive (employment screening) written notice of the fact.
(3)The notice must include—
(a)the person’s name, address and date of birth; and
(b)if the person has a current positive prescribed notice or current positive exemption notice—the notice’s registration number under the Working with Children Act .

s 148A ins 2006 No. 17s 12

amd 2010 No. 5s 44; 2014 No. 28s 17

148BObtaining particular information from chief executive (employment screening)

(1)The chief executive may ask the chief executive (employment screening) for the following information—
(a)information about whether a relevant person—
(i)has a current positive prescribed notice, current negative prescribed notice, current positive exemption notice or current negative exemption notice; or
(ii)has a positive prescribed notice or positive exemption notice that is suspended under the Working with Children Act ; or
(iii)has a current application for a prescribed notice or exemption notice;
(b)if the relevant person has a positive prescribed notice—the expiry date for the notice;
(c)if the relevant person has a negative prescribed notice or negative exemption notice—the date of issue of the notice.
(2)The chief executive (employment screening) must comply with a request under subsection (1).
(3)In this section—
relevant person means—
(a)an applicant for a certificate of approval or an adult member of the applicant’s household; or
(b)the nominee for, or a director of an applicant for or holder of, a licence.

s 148B ins 2006 No. 17s 12

amd 2010 No. 5s 45; 2014 No. 28s 18

Part 3 Application of Working with Children Act

pt hdg ins 2006 No. 17s 12

amd 2014 No. 28s 19

148CApplication to licensed care service

(1)This section applies for the application of the Working with Children Act .
(2)If a corporation carries on the business of a licensed care service, each of the following persons is taken to be also carrying on the business—
(a)the nominee for the licence;
(b)the directors of the licensee.

s 148C ins 2006 No. 17s 12

amd 2014 No. 28s 20

148DPending application for prescribed notice

(1)Subsection (2) applies if—
(a)a person who does not have a current positive prescribed notice is taken to be a volunteer engaged in regulated employment under the Working with Children Act because the person becomes an adult member of—
(i)the household of an applicant for a certificate of approval; or
(ii)an approved carer’s household; and
(b)an application for a prescribed notice about the person is current.
(2)The Working with Children Act , section 188, does not apply in relation to the person while the application is current.
(3)Subsection (4) applies if—
(a)a corporation holds a licence; and
(b)a person who does not have a current positive prescribed notice becomes the nominee for the licence or a director of the corporation; and
(c)an application for a prescribed notice about the person is current.
(4)The Working with Children Act , section 197, does not apply to the person while the application is current.

s 148D ins 2006 No. 17s 12

amd 2010 No. 5s 46; 2014 No. 28s 21

Chapter 5 Administration

Part 1 Authorised officers

149Appointment

(1)The chief executive may appoint any of the following persons to be an authorised officer—
(a)an officer or employee of the department;
(b)a person included in a class of persons declared by regulation to be eligible for appointment as an authorised officer.
(2)However, the chief executive may appoint a person to be an authorised officer only if—
(a)in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised officer; or
(b)the person has satisfactorily finished training approved by the chief executive.

150Limitation of powers

(1)The powers of an authorised officer may be limited—
(a)under a regulation; or
(b)under a condition of appointment; or
(c)by written notice of the chief executive given to the officer.
(2)Notice under subsection (1)(c) may be given orally, but must be confirmed in writing as soon as practicable after it is given.

151Conditions of appointment

(1)An authorised officer holds office on the conditions stated in the officer’s instrument of appointment.
(2)An authorised officer—
(a)if the appointment provides for a term of appointment—ceases holding office at the end of the term; and
(b)may resign by signed notice of resignation given to the chief executive.

152Identity card

(1)The chief executive must give each authorised officer an identity card.
(2)The identity card must—
(a)contain a recent photograph of the officer; and
(b)be signed by the officer; and
(c)identify the person as an authorised officer under this Act; and
(d)include an expiry date.
(3)A person who ceases to be an authorised officer must return his or her identity card to the chief executive within 21 days after the person ceases to be an authorised officer, unless the person has a reasonable excuse for not returning it.

Maximum penalty—40 penalty units.

(4)This section does not prevent the giving of a single identity card to a person for this Act and other Acts.

153Production of identity card

(1)An authorised officer may exercise a power under this Act in relation to someone else (the other person) only if the officer first produces his or her identity card for the other person’s inspection.
(2)If, for any reason, it is not practicable to comply with subsection (1), the officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.

154Authorised officer to give notice of damage

(1)This section applies if an authorised officer damages property in the exercise of a power under this Act.
(2)The authorised officer must immediately give written notice of the particulars of the damage to the person who appears to the authorised officer to be the property’s owner.
(3)If the authorised officer believes the damage was caused by a latent defect in the property or other circumstances beyond the authorised officer’s control, the authorised officer may state this in the notice.
(4)If, for any reason, it is not practicable to comply with subsection (2), the authorised officer must—
(a)leave the notice at the place where the damage happened; and
(b)ensure the notice is left in a reasonably secured way in a conspicuous position.
(5)This section does not apply to damage the authorised officer believes, on reasonable grounds, is trivial.

s 154 amd 2003 No. 57s 39(1)sch 3

155Compensation

(1)A person may claim from the State the cost of repairing or replacing property damaged in the exercise or purported exercise of a power under this Act.
(2)The cost may be claimed and ordered to be paid in a proceeding—
(a)brought in a court of competent jurisdiction for the recovery of the amount claimed; or
(b)for an offence against this Act brought against the person claiming the amount.
(3)A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
(4)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

Part 1A Honorary officers

pt 1A (ss 155A–155D) ins 2014 No. 12s 48

155AFunction

The function of an honorary officer is to assist the chief executive in the administration of this Act.

pt 1A (ss 155A–155D) ins 2014 No. 12s 48

155BAppointment

(1)The chief executive may appoint a person to be an honorary officer.
(2)However, the chief executive may appoint a person to be an honorary officer only if, in the chief executive’s opinion, the person is appropriately qualified to be an honorary officer.
(3)An honorary officer, while performing the function of an honorary officer, is taken to be employed by the chief executive.

pt 1A (ss 155A–155D) ins 2014 No. 12s 48

155CTerm

(1)An honorary officer holds office for the term, of no more than 2 years, stated in the instrument of appointment.
(2)An honorary officer stops holding office if the officer—
(a)completes a term of office; or
(b)resigns office by signed notice given to the chief executive; or
(c)is removed from office by the chief executive by signed notice given to the officer.

pt 1A (ss 155A–155D) ins 2014 No. 12s 48

155DConditions of appointment

(1)An honorary officer holds office on the conditions stated in the officer’s instrument of appointment.
(2)A condition of an honorary officer’s appointment may—
(a)limit the officer’s function; or
(b)require the officer to satisfactorily complete stated training.

pt 1A (ss 155A–155D) ins 2014 No. 12s 48

Part 2 General

156Delegation by chief executive

The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.

157Approved forms

The chief executive may approve forms for use under this Act.

158[Repealed]

s 158 om 2004 No. 36s 23

159Payments for care and maintenance

(1)The chief executive may pay the allowance decided by the chief executive to a child’s carer or long-term guardian for the child’s care and maintenance.
(2)Also, the chief executive may pay the amount decided by the chief executive towards expenses incurred in the care and maintenance of a person who has been a child in the custody or under the guardianship of the chief executive to the person or the person’s carer to help the person with the transition from being a child in care to independence.
(3)A payment may be made to the person or the person’s carer under subsection (2) whether the person is a child or an adult.
(4)Subsections (1) and (2) have effect subject to appropriation by Parliament of an amount for the purposes.
(5)For subsection (1), the amount of the allowance must be worked out under a written policy of the department about the payment of allowances to carers or long-term guardians for a child’s care and maintenance.

s 159 amd 2006 No. 17s 13; 2010 No. 33s 66

Chapter 5A Service delivery coordination and information exchange

ch hdg ins 2004 No. 36s 24

Part 1 Preliminary

pt hdg ins 2004 No. 36s 24

159APurpose

The purpose of this chapter is to provide for service providers to appropriately and effectively meet the protection and care needs of children and promote their wellbeing by—
(a)coordinating the delivery of services to children and families; and
(b)exchanging relevant information, while protecting the confidentiality of the information.

s 159A ins 2004 No. 36s 24

amd 2010 No. 33s 67

159BPrinciples for coordinating service delivery and exchanging information

The principles underlying this chapter are as follows—
(a)the State is responsible for ensuring that children in need of protection receive protection and care services that ensure their safety and promote their wellbeing;
(b)the State is responsible for ensuring that children and families receive the family support services that they need in order to decrease the likelihood of the children becoming in need of protection;
(c)the chief executive has the primary responsibility for investigating, assessing and responding to allegations of harm to children, including by making plans for their protection and care;
(d)each service provider should contribute, within the provider’s own sphere of responsibility, to assessing and meeting the protection and care needs of children and supporting their families;
(e)children in need of protection, and children who may become in need of protection, and their families should receive coordinated services that meet their needs in a timely and effective way;
(f)service providers should work collaboratively and in a way that respects the functions and expertise of other service providers;
(g)because a child’s safety, wellbeing and best interests are paramount, their protection and care needs take precedence over the protection of an individual’s privacy.

s 159B ins 2004 No. 36s 24

amd 2010 No. 33s 68

159BA Who is a relevant child

In this chapter—
relevant child means—
(a)a child in need of protection; or
(b)a child who may become a child in need of protection if preventative support is not given to the child or the child’s family.

s 159BA ins 2010 No. 33s 69

159CWhat is relevant information

(1)In this chapter—
relevant information means—
(a)in relation to giving information to the chief executive or an authorised officer—information that the holder of the information reasonably believes may—
(i)help an authorised officer to investigate an allegation of harm or risk of harm to a child or assess a child’s need for protection; or
(ii)help the chief executive take action, or decide if he or she reasonably suspects a child is in need of protection, under section 14; or
(iii)help an authorised officer to investigate or assess, before the birth of a child, the likelihood that the child will need protection after he or she is born; or
(iv)help the chief executive in offering help and support to a pregnant woman under section 21A; or
(v)help the chief executive to develop, or assess the effectiveness of, a child’s case plan; or
(vi)help the chief executive to assess or respond to the health, educational or care needs of a relevant child; or
(vii)otherwise help the chief executive to make plans or decisions relating to, or provide services to, a relevant child or the child’s family; or
(b)in relation to giving information to another service provider—information that the holder of the information reasonably believes may help the service provider to—
(i)decide whether information about suspected harm or risk of harm to a child should be given to the chief executive; or
(ii)decide whether information about an unborn child who may need protection after birth should be given to the chief executive; or
(iii)help the chief executive to offer help and support to a pregnant woman under section 21A; or
(iv)assess or respond to the health, educational or care needs of a child in need of protection; or
(v)otherwise make plans or decisions relating to, or provide services to, a child in need of protection or the child’s family; or
(vi)offer help and support to a child or child’s family to stop the child becoming a child in need of protection; or
(c)in relation to the chief executive giving information to a service provider under section 159M(4)—information that the chief executive reasonably believes may help the service provider to—
(i)assess or respond to the health, educational or care needs of a relevant child; or
(ii)otherwise make plans or decisions relating to, or provide services to, a relevant child or the child’s family.
(2)Relevant information may be information about—
(a)a relevant child, the child’s family or someone else; or
(b)a pregnant woman or her unborn child.
(3)Relevant information may be comprised of facts or opinion.
(4)Relevant information does not include information about a person’s criminal history to the extent it relates to a conviction—
(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b)that is not revived as prescribed by section 11 of that Act.
(5)Relevant information does not include information about an expunged conviction or expunged charge.
(6)Relevant information does not include information mentioned in subsection (1), definition relevant information, paragraph (b)(ii) or (iii) unless the mother of the unborn child or pregnant woman agrees to the information being provided to the other service provider before it is provided.
(7)In this section—
expunged charge
(a)means—
(i)a charge expunged under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 ; or
(ii)a charge of an offence that resulted in a conviction that is an expunged conviction; but
(b)does not include a charge that, under section 34 of that Act, is no longer expunged.
expunged conviction
(a)means a conviction expunged under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 ; but
(b)does not include a conviction that, under section 34 of that Act, is no longer expunged.

s 159C ins 2004 No. 36s 24

amd 2010 No. 33s 70; 2014 No. 28s 22; 2017 No. 37s 49

159DOther definitions for ch 5A

In this chapter—
prescribed entity means each of the following entities—
(a)the chief executive;
(b)an authorised officer;
(c)a licensee;
(ca)the public guardian;
(d)the chief executive of a department that is mainly responsible for any of the following matters—
(i)adult corrective services;
(ii)community services;
(iii)disability services;
(iv)education;
(v)housing services;
(vi)public health;
(da)the chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922);
(daa)a health service chief executive within the meaning of the Hospital and Health Boards Act 2011 ;
(e)the police commissioner;
(f)the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ;
(g)the person in charge of a student hostel;
(h)the chief executive of another entity, that provides a service to children or families, prescribed under a regulation.

def prescribed entity amd 2005 No. 40s 54; 2008 No. 60s 11; 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47); 2014 No. 28s 23; 2017 No. 24s 206

service provider means—
(a)a prescribed entity; or
(b)another person providing a service to children or families; or
(c)a recognised entity.

def service provider amd 2010 No. 33s 71

student hostel means—
(a)a student hostel established under the Education (General Provisions) Act 2006 , section 15 (b) ; or
(b)a student hostel operated with an allowance paid under the Education (General Provisions) Act 2006 , section 368 (1) (e) .

def student hostel sub 2006 No. 39s 512(1)sch 1

s 159D ins 2004 No. 36s 24

159EReference to family services

A reference in this part to providing a service to families includes providing a service to pregnant women.

s 159E ins 2004 No. 36s 24

Part 2 Service delivery coordination

pt hdg ins 2004 No. 36s 24

159FService providers’ responsibilities

Service providers must take reasonable steps to coordinate decision-making and the delivery of services to relevant children and their families in order to appropriately and effectively meet the protection and care needs of children and support their families.

s 159F ins 2004 No. 36s 24

sub 2010 No. 33s 72

159GChief executive’s responsibilities

(1)The chief executive is responsible for—
(a)ensuring ways exist to coordinate the roles and responsibilities of service providers in promoting the protection of children, child protection services and family support services; and
(b)establishing ways to coordinate the roles and responsibilities of service providers relating to—
(i)investigating and assessing particular cases of harm to children; and
(ii)taking action to secure the protection of children and promote their wellbeing.
(2)One of the ways in which the chief executive is to fulfil the responsibility under subsection (1)(b) is by establishing and participating in the SCAN system under part 3.

s 159G ins 2004 No. 36s 24

amd 2010 No. 33s 73

159HChief executive may ask particular prescribed entities to provide a service

(1)This section applies only to the following prescribed entities—
(a)a licensee;
(b)the chief executive of a department that is mainly responsible for any of the following matters—
(i)adult corrective services;
(ii)community services;
(iii)disability services;
(iv)education;
(v)housing services;
(vi)public health;
(ba)the chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922);
(baa)a health service chief executive within the meaning of the Hospital and Health Boards Act 2011 ;
(c)the police commissioner.
(2)The chief executive may ask a prescribed entity to provide a service—
(a)to a child in need of protection, or a member of the child’s family, to help meet the child’s protection and care needs and promote the child’s wellbeing; or
(b)to an individual, before the birth of a child, to help meet the child’s protection and care needs and promote the child’s wellbeing after the child is born.
(3)The prescribed entity must take reasonable steps to comply with the request so far as the request—
(a)is consistent with the entity’s functions; and
(b)does not unreasonably affect the discharge of the entity’s functions in relation to other persons or matters.
(4)The chief executive must give the prescribed entity the information it needs to comply with the request.

s 159H ins 2004 No. 36s 24

amd 2005 No. 40s 55; 2008 No. 60s 12; 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

Part 3 The SCAN system

pt hdg ins 2004 No. 36s 24

159IEstablishment of system

The chief executive must establish a SCAN system under this part.

Note—

SCAN stands for ‘Suspected Child Abuse and Neglect’.

s 159I ins 2004 No. 36s 24

159JPurpose

(1)The purpose of the SCAN system is to enable a coordinated response to the protection needs of children.
(2)The purpose is to be achieved by facilitating—
(a)the sharing of relevant information between members of the system; and
(b)the planning and coordinating of actions to assess and respond to children’s protection needs; and
(c)a holistic and culturally responsive assessment of children’s protection needs.

s 159J ins 2004 No. 36s 24

159KMembers

The members of the SCAN system are—
(a)the following entities (the core members)—
(i)the chief executive;
(ii)the chief executive of the department mainly responsible for public health;
(iii)the chief executive of the department mainly responsible for education;
(iv)the police commissioner;
(v)in relation to the protection needs of an Aboriginal or Torres Strait Islander child—a recognised entity for the child; and
(b)from time to time, other service providers contributing to the operation of the system by invitation of the core members.

s 159K ins 2004 No. 36s 24

amd 2005 No. 40s 56

159LResponsibilities of the core members

The responsibilities of the core members are as follows—
(a)to contribute to the operation of the SCAN system through representatives who have appropriate knowledge and experience in child protection;
(b)to use their best endeavours to agree on recommendations to give to the chief executive about assessing and responding to the protection needs of particular children and, for that purpose, to—
(i)share relevant information about the children, their families and other relevant persons; and
(ii)identify relevant resources of members or other entities;
(c)to take the action required under the recommendations;
(d)to monitor the implementation of the recommendations and review their effectiveness;
(e)to invite and facilitate contributions from other service providers with knowledge, experience or resources that would help achieve the purpose of the SCAN system.

s 159L ins 2004 No. 36s 24

Part 4 Information exchange

pt hdg ins 2004 No. 36s 24

159MParticular prescribed entities giving and receiving relevant information

(1)This section applies to the following prescribed entities—
(a)the chief executive;
(b)an authorised officer;
(c)the chief executive of a department that is mainly responsible for any of the following matters—
(i)adult corrective services;
(ii)community services;
(iii)disability services;
(iv)education;
(v)housing services;
(vi)public health;
(ca)the chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922);
(caa)a health service chief executive within the meaning of the Hospital and Health Boards Act 2011 ;
(d)the police commissioner;
(e)the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .
(2)A prescribed entity mentioned in subsection (1) may give relevant information to any other service provider.
(3)A service provider may give relevant information to a prescribed entity mentioned in subsection (1).
(4)The chief executive may give, to any other service provider, relevant information mentioned in section 159C(1), definition relevant information, paragraph (c).

s 159M ins 2004 No. 36s 24

amd 2005 No. 40s 57; 2006 No. 17s 14; 2008 No. 60s 13; 2010 No. 33s 74; 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47); 2017 No. 24s 207

159NInformation requirement made by chief executive or authorised officer

(1)If the chief executive or an authorised officer asks a prescribed entity for particular relevant information in the entity’s possession or control, the entity must comply with the request.
(2)For subsection (1), information is not taken to be in the prescribed entity’s control merely because of an agreement between the prescribed entity and another entity under which the other entity must give the information to the prescribed entity.
(3)Subsection (1) does not apply to relevant information if the prescribed entity reasonably considers that—
(a)giving the information could reasonably be expected to—
(i)prejudice the investigation of a contravention or possible contravention of a law in a particular case; or
(ii)prejudice an investigation under the Coroners Act 2003 ; or
(iii)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or
(iv)endanger a person’s life or physical safety; or
(v)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and
(b)it would not be in the public interest to give the information.
(4)A person does not commit an offence merely by failing to comply with subsection (1).

s 159N ins 2004 No. 36s 24

Part 5 Release of health information or information relevant to coronial investigation

pt hdg ins 2004 No. 36s 24

159ORelease of information by a health services designated person

(1)A health services designated person may, for this Act, give a relevant person or the Childrens Court confidential information if—
(a)for a relevant person or the Childrens Court—the information is relevant to the protection or wellbeing of a child; or
(b)for a relevant person who is the chief executive and without limiting paragraph (a)—the information is relevant to the chief executive’s review under chapter 7A.
(2)Subsection (1)(a) includes the giving of information, before a child is born, that is relevant to the protection or wellbeing of the child after he or she is born.
(3)This section does not limit a power or obligation under this chapter to give relevant information.
(4)In this section—
confidential information see the Hospital and Health Boards Act 2011 , schedule 2 .
designated person see the Hospital and Health Boards Act 2011 , schedule 2 .
health services designated person means a designated person.
relevant person means—
(a)the chief executive; or
(b)an authorised officer; or
(c)a police officer.

s 159O ins 2004 No. 36s 24 (amd 2005 No. 10s 50 sch)

amd 2010 No. 33s 75; 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47); 2014 No. 28s 24

159PRelease of information for reporting or investigating a death under the Coroners Act

(1)If a child dies, the chief executive may give the information mentioned in subsection (2) to—
(a)a police officer investigating the death; or
(b)a coroner investigating the death; or
(c)a police officer helping a coroner investigating the death.
(2)The information that may be given is information about any of the following matters—
(a)whether, before the death, the child or a sibling of the child was a child in care;
(b)whether the chief executive became aware, before the death happened, of alleged harm or alleged risk of harm to the child or a sibling of the child and, if so—
(i)the identity of a notifier; and
(ii)other information about how or when the chief executive became aware;
(c)action taken by the chief executive, before the child’s death, relating to the child or a sibling of the child.
(3)The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection—
(a)must not use or disclose the information other than—
(i)for a purpose of the coroner’s investigation; or

Example—

The coroner orders a doctor to perform an autopsy as part of the coroner’s investigation of the child’s death and, for that purpose, gives the information to the doctor. The doctor may include the information in the doctor’s autopsy report under the Coroners Act 2003 , section 25 .
(ii)in the case of a police officer—
(A)assessing whether the death should be reported to a coroner; or
(B)reporting the death to a coroner; or
(C)giving the information to a coroner to whom the death is being, or has been, reported; or
(iii)as otherwise required or permitted under this or another Act; and
(b)if the information includes the identity of a notifier, must not disclose the identity to anyone unless—
(i)for a disclosure by the coroner—the coroner is satisfied that disclosure of the identity is of critical importance for the investigation; or
(ii)for disclosure by anyone else—the disclosure is to a coroner or a coroner approves the disclosure on the basis mentioned in subparagraph (i).
(4)In this section—
child in care means a child mentioned in the Coroners Act 2003 , section 9 (1) (d) .
notifier means a notifier under section 186 or the Public Health Act 2005 , section 196 .
sibling includes a half-sibling and a stepsibling.

s 159P ins 2004 No. 36s 24

amd 2005 No. 40s 58; 2005 No. 48s 492sch 1

Part 6 Protection from liability and interaction with other laws

pt hdg ins 2004 No. 36s 24

159QProtection from liability for giving information

(1)This section applies if a person, acting honestly, gives information in compliance with this chapter.
(2)The person is not liable, civilly, criminally or under an administrative process, for giving the information.
(3)Also, merely because the person gives the information, the person can not be held to have—
(a)breached any code of professional etiquette or ethics; or
(b)departed from accepted standards of professional conduct.
(4)Without limiting subsections (2) and (3)—
(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b)if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—
(i)does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii)is not liable to disciplinary action for giving the information.

s 159Q ins 2004 No. 36s 24

159RInteraction with other laws

(1)This chapter does not limit a power or obligation under another Act or law to give relevant information.
(2)This part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.

Examples of other laws for subsection (2)—

Education (General Provisions) Act 2006 , section 426
Hospital and Health Boards Act 2011 , section 142 (1)
Youth Justice Act 1992 , section 288
Police Service Administration Act 1990 , section 10.1

s 159R ins 2004 No. 36s 24 (amd 2005 No. 10s 50 sch)

amd 2006 No. 39s 512(1)sch 1; 2010 No. 33s 76; 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

Chapter 6 Enforcement and legal proceedings

Part 1 Offences

160Obstruction of authorised officer etc.

(1)A person must not obstruct an authorised officer or police officer in the exercise of a power under this Act, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)However, a child does not commit an offence against subsection (1) merely because the child resists being taken into custody under this Act for the child’s protection or being moved to a safe place under section 21.

161Impersonation of authorised officer

A person must not pretend to be an authorised officer.

Maximum penalty—40 penalty units.

162Offence to remove child from carer

(1)This section applies if a child is in the chief executive’s custody or guardianship under an assessment order, temporary custody order or child protection order or in the chief executive’s custody under a care agreement.
(2)A person must not—
(a)unlawfully remove the child from the care of the child’s carer; or
(b)if the child has been unlawfully removed from the care of the child’s carer—keep the child; or
(c)if the child has been lawfully removed from the care of the child’s carer—keep the child beyond the period allowed for the removal.

Maximum penalty—150 penalty units or 18 months imprisonment.

(3)Subsection (2) applies whether the removal or keeping of the child is carried out within or outside Queensland.
(4)If the child is in the chief executive’s custody under a care agreement, subsection (2) does not apply to a party to the agreement.

s 162 sub 2000 No. 7s 30

amd 2003 No. 57s 39(1)sch 3; 2005 No. 40s 59; 2011 No. 35s 33

163Offence to remove child from carer—order made in another State

(1)This section applies if an interstate officer for another State has responsibility for the custody or guardianship of a child, however that responsibility is described, under an order made under a child welfare law or interstate law of that State.
(2)A person must not, in Queensland—
(a)unlawfully remove the child from the care of the child’s carer; or
(b)if the child has been unlawfully removed from the care of the child’s carer—keep the child; or
(c)if the child has been lawfully removed from the care of the child’s carer—keep the child beyond the period allowed for the removal.

Maximum penalty—150 penalty units or 18 months imprisonment.

(3)In this section—
carer, of a child, means the entity in whose care the child has been placed under the law of the other State.

s 163 ins 2000 No. 7s 30

amd 2003 No. 57s 39(1)sch 3; 2005 No. 40s 60

164Offence to remove child from custody or guardianship

(1)This section applies if a child is in the custody or guardianship of a person (the first person) under this Act.
(2)A person must not—
(a)unlawfully remove the child from the first person’s custody or guardianship; or
(b)if the child has been unlawfully removed from the first person’s custody or guardianship—keep the child; or
(c)if the child has been lawfully removed from the first person’s custody or guardianship—keep the child beyond the period allowed for the removal.

Maximum penalty—150 penalty units or 18 months imprisonment.

(3)Subsection (2) applies whether the removal or keeping of the child is carried out within or outside Queensland.

s 164 sub 2000 No. 7s 30

amd 2003 No. 57s 39(1)sch 3

165Offence to remove child from custody or guardianship—order made in another State

(1)This section applies if a person (the first person) has responsibility for the custody or guardianship of a child, however that responsibility is described, under an order made under a child welfare law or interstate law of another State.
(2)A person must not, in Queensland—
(a)unlawfully remove the child from the first person’s custody or guardianship; or
(b)if the child has been unlawfully removed from the first person’s custody or guardianship—keep the child; or
(c)if the child has been lawfully removed from the first person’s custody or guardianship—keep the child beyond the period allowed for the removal.

Maximum penalty—150 penalty units or 18 months imprisonment.

s 165 ins 2000 No. 7s 30

amd 2003 No. 57s 39(1)sch 3

166Offence to refuse contact with child in custody or guardianship

(1)In this section—
child means a child in the chief executive’s custody or guardianship under an assessment order, temporary custody order or child protection order.
(2)This section applies if an authorised officer reasonably asks a person for permission to enter premises for the purpose of having contact with a child in the premises to ensure the child’s protection.
(3)The person must not refuse the officer’s request unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—50 penalty units.

s 166 amd 2011 No. 35s 34

167Offence for person to take child out of State

A person who has the care of a child in the chief executive’s custody or guardianship must not take or keep the child out of the State with the intention of obstructing, preventing or defeating the administration or enforcement of this Act.

Maximum penalty—150 penalty units or 18 months imprisonment.

s 167 amd 2003 No. 57s 39(1)sch 3

168Offence not to comply with certain orders

(1)A child’s parent must not knowingly contravene a provision of an order directing the parent not to have contact (direct or indirect)—
(a)with the child; or
(b)with the child other than when a stated person or a person of a stated category is present.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(2)For subsection (1), a person who is in the Childrens Court when the order is made or is given notice of the order is taken to know the contents of the order.

Part 2 Prosecution of certain interstate offences

pt 2 (ss 169–170) ins 2000 No. 7s 31

169Consultation with chief executive before prosecution

(1)This section applies to—
(a)an offence against section 162 or 164 relating to the unlawful removal or keeping of a child in another State; or
(b)an offence against section 163 or 165.
(2)A person must consult with the chief executive before starting proceedings against a person for the offence.
(3)However, subsection (2) does not apply to a police officer starting proceedings against a person for the offence by arresting the person if the police officer believes, in the circumstances, it is reasonably necessary to arrest the person without first consulting with the chief executive.
(4)If a police officer starts proceedings under subsection (3) by arresting a person without first consulting with the chief executive, the officer must notify the chief executive as soon as practicable after the arrest.
(5)Failure to comply with subsection (2) or (4) in relation to proceedings does not affect the validity of the proceedings.

pt 2 (ss 169–170) ins 2000 No. 7s 31

170Person not to be prosecuted twice

If a person has been convicted, found guilty or acquitted of an offence against a child welfare law or interstate law of another State for an act or omission of the person, the person may not be prosecuted for an offence against this Act for the same act or omission.

pt 2 (ss 169–170) ins 2000 No. 7s 31

Part 3 Warrant for apprehension of child

171Application for warrant for apprehension of child

(1)An authorised officer or police officer may apply to a magistrate for a warrant for apprehension of a child if—
(a)under an order, the chief executive has been granted custody or guardianship of the child but has not been able to take the child into custody; or
(b)the child has been unlawfully removed from a person’s custody or guardianship under this Act.
(2)The officer must prepare a written application that states the grounds on which it is made.
(3)The written application must be sworn.
(4)The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

s 171 amd 2010 No. 33s 77

172Issue of warrant

(1)A magistrate may issue a warrant for apprehension of the child if the magistrate is satisfied—
(a)the warrant is necessary to enable an authorised officer or police officer to take the child into the chief executive’s custody; or
(b)the child has been unlawfully removed from a person’s custody or guardianship under this Act; or
(c)the child has been lawfully removed from a person’s custody or guardianship under this Act but kept beyond the period allowed for the removal.
(2)The warrant authorises an authorised officer or police officer—
(a)to enter any 1 or more places the officer reasonably believes the child is; and
(b)to search the places to find the child; and
(c)to remain in the places for as long as the officer considers is reasonably necessary to find the child; and
(d)to take the child to a safe place.
(3)The warrant must state the day, within 14 days after the warrant’s issue, when it ends.
(4)An authorised officer or police officer may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.

s 172 amd 2004 No. 36s 25

173Application by particular forms of communication and duplicate warrant

(1)An application under section 171 may be made by phone, fax, radio or another form of communication if the authorised officer or police officer reasonably considers it necessary because of—
(a)urgent circumstances; or
(b)other special circumstances (including, for example, the officer’s remote location).
(2)The application—
(a)may not be made before the officer prepares the written application under section 171(2); but
(b)may be made before the written application is sworn.
(3)The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—
(a)it was necessary to make the application under subsection (1); and
(b)the way the application was made under subsection (1) was appropriate.
(4)After the magistrate issues the original warrant—
(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the officer (for example, by sending a copy by fax), the magistrate must immediately give a copy of the warrant to the officer; or
(b)otherwise—
(i)the magistrate must tell the officer the date and time the warrant is issued and the other terms of the warrant; and
(ii)the officer must complete a form of warrant, including by writing on it—
(A)the magistrate’s name; and
(B)the date and time the magistrate issued the warrant; and
(C)the other terms of the warrant.
(5)The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.
(6)The officer must, at the first reasonable opportunity, send to the magistrate—
(a)the written application complying with section 171(2) and (3); and
(b)if the officer completed a form of warrant under subsection (4)(b)—the completed form of warrant.
(7)The magistrate must keep the original warrant and, on receiving the documents under subsection (6)—
(a)attach the documents to the original warrant; and
(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(8)Despite subsection (7), if—
(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

s 173 sub 2010 No. 33s 78

174Warrants—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under a warrant for apprehension of a child.
(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—
(a)identify himself or herself to a person present at the place who is an occupier of the place;
(b)give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 173(5), a copy of the duplicate warrant;
(c)tell the person the officer is permitted by the warrant to enter and search the place to find the child;
(d)give the person an opportunity to allow the officer immediate entry to the place without using force.
(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
(4)However, the officer need not comply with subsection (2) if the officer reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

s 174 amd 2010 No. 33s 79

175Interstate warrants—arrangements for apprehended child until magistrate is available

(1)This section applies if a police officer apprehends a child under a warrant issued in another State under a child welfare law of that State.
(2)The officer may arrange for the child’s safe care until it is practicable to take the child before a magistrate and, in making the arrangements, may use any help provided by the chief executive.

Example—

With the chief executive’s help, the officer may arrange for the child to be cared for by an approved carer until it is practicable to take the child before a magistrate.

s 175 ins 2000 No. 7s 32

amd 2005 No. 40s 61

Part 4 General powers of authorised officers and police officers

pt hdg sub 2000 No. 7s 33

Division 1 Preliminary

176Application of pt 4

This part applies if an authorised officer or police officer—
(a)lawfully enters a place in the course of performing a function or exercising a power under chapter 2, including, for example—
(i)under section 16 or 18 in investigating an allegation of harm, or risk of harm, to a child; or
(ii)under an assessment order in investigating whether a child is a child in need of protection; or
(b)enters a place under a warrant for apprehension of a child who, under section 164, has been unlawfully removed from a person’s custody or guardianship.

Note—

A warrant for apprehension of a child may be issued under part 3 .

s 176 amd 2000 No. 7s 34

Division 2 Power of seizure

div hdg amd 2000 No. 7s 35

177Power of seizure

The officer may seize a thing at the place if the officer reasonably believes—
(a)the thing—
(i)may be received in evidence in a proceeding on an application for an order for the child; or
(ii)is evidence of an offence in relation to the child or the child’s unlawful removal from custody or guardianship; and
(b)the seizure is necessary to prevent the thing being—
(i)hidden, lost or destroyed; or
(ii)used to commit, continue or repeat the offence.

s 177 amd 2000 No. 7s 36

178Procedure after seizure of thing

(1)As soon as practicable after seizing the thing, the officer must give a receipt for it to the person from whom it was seized.
(2)If, for any reason, it is not practicable to comply with subsection (1), the officer must—
(a)leave the receipt at the place of seizure; and
(b)ensure the receipt is left in a reasonably secure way and in a conspicuous position.
(3)The receipt must describe generally the seized thing and its condition.
(4)The officer must allow a person who would be entitled to the seized thing if it were not in the officer’s possession, at any reasonable time—
(a)to inspect it; or
(b)if it is a document—to copy it.
(5)The officer must return the seized thing to the person—
(a)at the end of 1 year; or
(b)if a prosecution for an offence involving it is started within 1 year—at the end of the prosecution and any appeal from the prosecution.
(6)Despite subsection (5), the officer must return the seized thing to the person if the officer is satisfied its retention as evidence is no longer necessary.

s 178 amd 2000 No. 7s 37

179Forfeiture of seized thing on conviction

(1)On the conviction of a person of an offence involving the seized thing, the court may order its forfeiture to the State.
(2)The court may make any order to enforce the forfeiture it considers appropriate.
(3)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

180Dealing with forfeited things etc.

(1)On forfeiture, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.
(2)Without limiting subsection (1) , the chief executive may destroy the thing.

Division 3 Other powers on entry

div hdg amd 2000 No. 7s 38

181Power to photograph

The officer may photograph or film the place, or anyone or anything in or on the place.

s 181 amd 2000 No. 7s 39

Part 5 Evidence and legal proceedings

182Evidentiary provisions

(1)This section applies to a proceeding under or in relation to this Act.
(2)Unless a party, by reasonable notice, requires proof of—
(a)the appointment of an authorised officer or honorary officer under this Act; or
(b)the authority of an authorised officer or honorary officer to do an act under this Act;

the appointment or authority must be presumed.

(3)A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.
(4)A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—
(a)a stated document is a copy of a licence, certificate of approval, notice, declaration or decision made, issued or given under this Act;
(b)on a stated day, or during a stated period, a stated person was or was not the holder of a licence or certificate of approval;
(c)a licence or certificate of approval—
(i)was or was not issued or given for a stated term; or
(ii)was or was not in force on a stated day or during a stated period; or
(iii)was or was not subject to a stated condition;
(d)on a stated day, a licence or certificate of approval was suspended for a stated period or cancelled;
(e)on a stated day, a stated person was given a stated notice under this Act;
(f)the whereabouts of a child’s parents could not be ascertained after stated reasonable inquiries;
(g)on a stated day, a family group meeting or conference was held;
(h)a stated entity is a recognised entity for a particular Aboriginal or Torres Strait Islander child;
(i)another matter prescribed under a regulation.
(5)A document purporting to be the consent of an interstate officer or a delegate of an interstate officer, or purporting to be a copy of the consent of an interstate officer or a delegate of an interstate officer, is evidence of the consent.

s 182 amd 2000 No. 7s 40; 2004 No. 36s 26; 2005 No. 40s 62; 2014 No. 12s 49

183Proceeding for offences

A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .

184When proceeding may start

A proceeding for an offence against this Act may be started within—
(a)1 year after the offence is committed; or
(b)1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

Part 6 Confidentiality and disclosure

pt hdg amd 2016 No. 24s 27

Division 1 Preliminary

185Definitions for pt 6

In this part—
publish, for information, means to publish it to the public by way of television, newspaper, radio or other form of communication.
this Act includes the Children’s Services Act 1965 .

Note—

See section 250 .

Division 2 Confidentiality in relation to administration of Act

186Confidentiality of notifiers of harm or risk of harm

(1)This section applies if a person (the notifier) notifies the chief executive or an authorised officer, police officer, doctor or nurse that the notifier suspects—
(a)a child has been, is being or is likely to be, harmed; or
(b)an unborn child may be at risk of harm after he or she is born.
(2)The person who receives the notification, or a person who becomes aware of the identity of the notifier, must not disclose the identity of the notifier to another person unless the disclosure is made—
(a)in the course of performing functions under this Act or a child welfare law or interstate law of another State to another person performing functions under this Act or a child welfare law or interstate law of another State; or
(b)under the Child Protection (International Measures) Act 2003 , part 6 ; or
(c)to the ombudsman conducting an investigation under the Ombudsman Act 2001 ; or
(e)for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009 ; or
(f)by way of evidence given in a legal proceeding under subsections (3) and (4) ; or
(g)to the litigation director for the purposes of the director performing a function under the Director of Child Protection Litigation Act 2016 .

Maximum penalty—40 penalty units.

(3)Subject to subsection (4)—
(a)evidence of the identity of the notifier or from which the identity of the notifier could be deduced must not be given in a proceeding before a court or tribunal without leave of the court or tribunal; and
(b)unless leave is granted, a party or witness in the proceeding—
(i)must not be asked, and, if asked, can not be required to answer, any question that can not be answered without disclosing the identity of, or leading to the identification of, the notifier; and
(ii)must not be asked to produce, and, if asked, can not be required to produce, any document that identifies, or may lead to the identification of, the notifier.
(4)The court or tribunal must not grant leave unless—
(a)it is satisfied—
(i)the evidence is of critical importance in the proceeding; and
(ii)there is compelling reason in the public interest for disclosure; or
(b)the notifier agrees to the evidence being given in the proceeding.
(5)In deciding whether to grant leave, the court or tribunal must take into account—
(a)the possible effects of disclosure on the safety or wellbeing of the notifier and the notifier’s family; and
(b)the public interest in maintaining confidentiality of notifiers.
(6)As far as practicable, an application for leave must be heard in a way that protects the identity of the notifier pending a decision on the application.

s 186 amd 2000 No. 7s 41; 2000 No. 60s 175sch 3; 2001 No. 73s 96sch 1; 2003 No. 57s 39(1)sch 2; 2004 No. 13 ss 13, 102 sch 2pt 1; 2006 No. 17s 3 sch; 2009 No. 29s 363; 2010 No. 33s 80; 2014 No. 28s 25; 2016 No. 23s 60

187Confidentiality of information obtained by persons involved in administration of Act

(1)This section applies to a person who—
(a)is or has been—
(i)a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or
(ii)a licensee or the executive officer of a corporation that is a licensee; or
(iii)a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or
(iv)an approved carer or other person in whose care a child has been placed under this Act; or
(v)a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or
(vi)a recognised entity or member of a recognised entity; or
(vii)a person attending a case planning meeting or participating in another way in the development of a child’s case plan; or
(viii)a person participating in the revision of a child’s case plan; or
(ix)a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A, part 3; or
(x)a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A, part 4; or
(xi)a person allowed to view a document or information under section 113; and
(b)in that capacity acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs.
(2)The person must not use or disclose the information, or give access to the document, to anyone else.

Maximum penalty—100 penalty units or 2 years imprisonment.

(3)However, the person may, subject to section 186, use or disclose the information or give access to the document to someone else—
(a)to the extent necessary to perform the person’s functions under or in relation to this Act; or
(b)if the use, disclosure or giving of access is for purposes related to a child’s protection or wellbeing; or

Example—

An approved carer in whose care a child has been placed under this Act may disclose relevant information about the child to a person, including, for example, a school teacher or member of the carer’s immediate family, to help the person understand and meet the child’s needs.
(c)if the use, disclosure or giving of access—
(i)relates to the chief executive’s function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or
(ii)is for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009 ; or
(iii)is otherwise required or permitted under this Act (including, for example, this division or section 159M) or another law; or
(d)to the extent necessary to protect a person from a serious and imminent risk to the person’s safety or health.
(4)Also, the person may disclose the information or give access to the document—
(a)to another person, to the extent that the information or document is about the other person; or
(b)to the chief executive or an authorised officer, to enable the proper administration of chapter 4.

Note—

For the disclosure of information that is about the person and a third party, see section 188C .
(5)To remove any doubt, it is declared that a person participating in the development, implementation or revision of a child’s case plan under this Act is performing a function under this Act.
(6)In this section—
recognised Aboriginal or Torres Strait Islander agency means a recognised Aboriginal or Torres Strait Islander agency under this Act before the commencement of the Child Safety Legislation Amendment Act 2005 , section 64.

s 187 sub 2004 No. 36s 27

amd 2005 No. 40s 63; 2009 No. 29s 364; 2010 No. 33s 81; 2016 No. 24s 28; 2017 No. 44s 68(3)

188Confidentiality of information given by persons involved in administration of Act to other persons

(1)This section applies if the chief executive, an authorised officer, another prescribed entity, a police officer or anyone else in the course of performing functions under or in relation to the administration of this Act, gives a person (the receiver) information or a document about another person’s affairs.
(2)The receiver must not use or disclose the information, or give access to the document, to anyone else.

Maximum penalty—100 penalty units or 2 years imprisonment.

(3)However, the receiver may, subject to section 186, use or disclose the information or give access to the document to someone else to the extent that the use, disclosure or giving of access is—
(a)authorised by the chief executive under section 188C, 188D or 189B; or
(b)for purposes directly related to a child’s protection or wellbeing; or
(c)necessary to protect a person from a serious and imminent risk to the person’s safety or health; or
(d)for purposes directly related to obtaining information requested by the chief executive under section 246C; or
(e)otherwise required or permitted by law.

s 188 amd 2004 No. 13s 14; 2004 No. 36s 28; 2010 No. 33s 82; 2016 No. 24s 29; 2017 No. 44s 69(2)

188APolice use of confidential information

(1)This section applies if a police officer acquires information as provided for in section 187(1).
(2)The officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform his or her functions as a police officer.
(3)A police officer must not use the information under this section for an investigation or for a proceeding for an offence unless the officer, or another police officer, has consulted with the following entities about the proposed use—
(a)the chief executive;
(b)if the information was acquired under chapter 5A, part 3, from a member of the SCAN system—the member;
(c)if the information was acquired from a prescribed entity under chapter 5A, part 4—the prescribed entity.
(4)The purpose of a consultation under subsection (3) is to consider whether the proposed use of the information for the investigation or proceeding would be in the best interests of any child.
(5)Subsection (3) does not apply—
(a)if the information concerns an offence committed against a child; or
(b)to the extent that the police officer needs to use the information immediately to perform the officer’s functions as a police officer.
(6)This section applies subject to section 186.
(7)In this section—
information includes a document.
use
(a)in relation to information, includes disclose; and
(b)in relation to a document, includes give access to.

Note—

Section 248B also requires a police officer to consult with the chief executive about particular investigations and proceedings.

s 188A ins 2004 No. 36s 29

188BDisclosure of information to a child’s family group

(1)The chief executive or an authorised officer may disclose information about a child to a member of the child’s family group if satisfied the disclosure would be in the child’s best interests.
(2)Before disclosing information under this section, the chief executive or officer must—
(a)obtain and have regard to the child’s views, if the child is able to form and express views, taking into account the child’s age and ability to understand; and
(b)consider whether the disclosure is likely to adversely affect the child’s relationship with members of the child’s family group; and
(c)consider whether the disclosure is likely to have adverse effects for anyone else, including a risk to anyone’s safety; and
(d)have regard to—
(i)any views expressed by the child’s parents; and
(ii)the relationship between the child and the person to whom it is proposed to disclose the information, and any views expressed by that person; and
(iii)the child’s case plan.
(3)This section applies subject to section 186.
(4)In this section—
family group see section 51E.

s 188B ins 2005 No. 40s 64

188CChief executive may give information about third parties

(1)This section applies to information, in the chief executive’s possession or control, that is—
(a)about a relevant person; and
(b)also about someone else.
(2)Subject to section 186, the chief executive may disclose the information to the relevant person.

Note—

For the disclosure of information that is only about the relevant person, see section 187 (4).
(3)However, the chief executive must not disclose the information to the relevant person if—
(a)the chief executive reasonably believes the disclosure of the information is likely to adversely affect the safety or psychological or emotional wellbeing of any person; or
(b)the information—
(i)is the subject of legal professional privilege; or
(ii)identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purpose of this Act; or
(iii)is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or
(c)the disclosure of the information could reasonably be expected to—
(i)prejudice the investigation of a contravention or possible contravention of a law in a particular case; or
(ii)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or
(iii)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained.
(4)The chief executive may authorise the relevant person to use or disclose the information, or give access to the information, to someone else.

Note—

Under section 188 , the person must not use, disclose or give access to the information unless it is authorised by the chief executive under this section.
(5)The chief executive may disclose the information subject to any other conditions the chief executive considers appropriate.
(6)In this section—
relevant person means—
(a)a child in care; or
(b)a person who was in care under this Act or the repealed Children’s Services Act 1965 ; or
(c)a person who was a State child under the repealed State Children Act 1911.

s 188C ins 2017 No. 44s 71

188DChief executive may give information about deceased child

(1)This section applies to information about a child who has died while under a child protection order.
(2)Subject to section 186, the chief executive may disclose the information to a parent of the child or another person acting on behalf of the child.
(3)However, the chief executive must not disclose the information if—
(a)the chief executive reasonably believes the disclosure of the information is likely to adversely affect the safety or psychological or emotional wellbeing of any person; or
(b)the information—
(i)is the subject of legal professional privilege; or
(ii)identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purpose of this Act; or
(iii)is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or
(c)the disclosure of the information could reasonably be expected to—
(i)prejudice the investigation of a contravention or possible contravention of a law in a particular case; or
(ii)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or
(iii)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained.
(4)The chief executive may authorise the person to use or disclose the information, or give access to the information, to someone else.

Note—

Under section 188 , the person must not use, disclose or give access to the information unless it is authorised by the chief executive under this section.
(5)The chief executive may disclose the information subject to any other conditions the chief executive considers appropriate.

s 188D ins 2017 No. 44s 71

188EChief executive must give police commissioner information about deceased child

(1)This section applies if—
(a)an investigation in relation to the death of a child is being carried out by a police officer; and
(b)the police commissioner, by written notice, asks the chief executive to give the police commissioner stated information about the child.
(2)The chief executive must comply with the request.
(3)The chief executive’s obligation to comply with the request applies only to information in the chief executive’s possession.
(4)The giving of the information is authorised despite any Act or law, including a law imposing an obligation to maintain confidentiality about the information.
(5)However, if the information includes notifier details the chief executive must notify the police commissioner of that fact when complying with the request.
(6)In this section—
notifier details means information about the identity of a person mentioned in section 186(1) who notifies the chief executive, an authorised officer or a police officer that the person suspects a matter mentioned in section 186(1)(a) or (b).

s 188E ins 2017 No. 44s 71

189Prohibition of publication of information leading to identity of children

(1)A person must not, without the chief executive’s written approval, publish information that identifies, or is likely to lead to the identification of, a child as—
(a)a child who is or has been the subject of an investigation under this Act of an allegation of harm or risk of harm; or
(b)a child in the chief executive’s custody or guardianship under this Act; or
(c)a child for whom an order is in force.

Maximum penalty—

(a)for an individual—100 penalty units or 2 years imprisonment; or
(b)for a corporation—1,000 penalty units.

(2)A person must not, without the chief executive’s written approval, publish information that identifies, or is likely to lead to the identification of, a child living in Queensland as a child who—
(a)has been harmed or allegedly harmed by a parent or step-parent of the child or another member of the child’s family; or
(b)is, or allegedly is, at risk of harm being caused by a parent or step-parent of the child or another member of the child’s family.

Maximum penalty for subsection (2)—

(a)for an individual—100 penalty units or 2 years imprisonment; or
(b)for a corporation—1,000 penalty units.

189AMaking information available for Youth Justice Act 1992

(1)The chief executive may, under arrangements made with the chief executive (youth justice), make information about a person’s affairs, acquired in the administration of this Act, available to officers of the department (youth justice) for the purposes of the Youth Justice Act 1992 .
(2)However, subsection (1) does not apply to information about the identity of a person mentioned in section 186 (1) who notifies the chief executive, an authorised officer or a police officer that the person suspects a matter mentioned in section 186 (1) (a) or (b) .
(3)This section is not limited by, and does not limit, chapter 5A.
(4)Section 188 does not apply to information made available under subsection (1).
(5)In this section—
chief executive (youth justice) means the chief executive of the department (youth justice).
department (youth justice) means the department in which the Youth Justice Act 1992 is administered.

Note—

The Youth Justice Act 1992 , part 9 , restricts the use, recording and disclosure of stated information.

s 189A ins 2007 No. 38s 141

amd 2009 No. 34s 45(1)–(2) sch pt 1 amdt 5, pt 2 amdt 36; 2010 No. 33s 83

189AA Making information available for Public Guardian Act 2014

(1)The chief executive may, under arrangements made with the public guardian, make information about a person’s affairs, acquired in the administration of this Act, available to the public guardian for the purposes of the Public Guardian Act 2014 .
(2)However, subsection (1) does not apply to information about the identity of a person mentioned in section 186 (1) who notifies the chief executive, an authorised officer or a police officer that the person suspects a matter mentioned in section 186 (1) (a) or (b).
(3)Without limiting subsection (1), the arrangement may provide for the electronic transfer of information, including on a daily basis.
(4)This section is not limited by, and does not limit, chapter 5A.
(5)Section 188 does not apply to information made available under subsection (1).

Note—

The Public Guardian Act 2014 , chapter 6 , part 4 , restricts the recording, use and disclosure of stated information.

s 189AA ins 2014 No. 26s 205

189AB Giving information to corresponding child welfare authorities

(1)The chief executive may, under arrangements made with a corresponding chief executive of another State or New Zealand, give the corresponding chief executive relevant information if the chief executive reasonably believes the corresponding chief executive requires the information for the purposes of performing a function under a child welfare law of the other State or New Zealand.
(2)However, subsection (1) does not apply to information about the identity of a person mentioned in section 186 (1) who notifies the chief executive, an authorised officer or a police officer that the person suspects a matter mentioned in section 186 (1)(a) or (b).
(3)Section 188 does not apply to information given under subsection (1).
(4)In this section—
corresponding chief executive, of another State or New Zealand, means the chief executive of the department of the State or New Zealand administering a child welfare law of the State or New Zealand.
relevant information means information about a person or an unborn child acquired in the administration of this Act.

s 189AB ins 2017 No. 44s 72

189BResearch

(1)For the purpose of allowing a person to carry out research, the chief executive may authorise the person to have access to information relating to the administration of this Act, including information from an officer of the department or a client.
(2)The chief executive may only authorise the person to have access to the information if the chief executive is satisfied—
(a)the research is consistent with a function of the chief executive under section 7 ; and
(b)the information will be collected in a way that could not reasonably be expected to result in the identification of any of the individuals it relates to.
(3)The chief executive may contact, or authorise the person to contact, a client to ask if they would like to participate in the research being carried out by the person.
(4)The chief executive may authorise the person to use or disclose the information, or give access to the information, to someone else.

Note—

Under section 188 , the person must not use, disclose or give access to the information unless it is authorised by the chief executive under this section.
(5)In this section—
client means any of the following persons—
(a)a child to whom this Act applies;
(b)a person who was a child to whom this Act applied;
(c)a member of the family of a person mentioned in paragraph (a) or (b);
(d)an approved carer under this Act.

s 189B ins 2010 No. 33s 84

Division 3 Confidentiality and disclosure in relation to proceedings

div hdg amd 2016 No. 24s 30

189CLitigation director’s duty of disclosure

(1)This section applies in relation to a proceeding for a child protection order.
(2)The litigation director has a duty to disclose, to each other party, all documents in the litigation director’s possession or control that are relevant to the proceeding.
(3)The duty continues until the proceeding is decided.
(4)The duty applies subject to section 191.
(5)If the litigation director does not disclose a document to a party on a ground mentioned in section 191(2), the litigation director must give the party a written notice stating—
(a)the ground for the non-disclosure; and
(b)that the litigation director is not required to disclose the document to the party other than as required under section 191; and
(c)that the party may apply to the court for an order under section 191 that it be disclosed.
(6)Nothing in this section—
(a)requires disclosure that is unlawful under this or another law; or
(b)affects a person’s right to anything under another law.
(7)For this section, a reference to a document in the litigation director’s possession or control is taken to include a document in the chief executive’s possession or control.

Note—

The Director of Child Protection Litigation Act 2016 requires the chief executive to give relevant documents to the litigation director.
(8)The rules of court may make provision about disclosure under this section, including the time by which a document must be disclosed.

s 189C ins 2016 No. 24s 31

189DConsequences of non-disclosure

(1)Failure to comply with section 189C in a proceeding does not affect the validity of the proceeding.
(2)If the litigation director does not disclose a document under section 189C, the litigation director must not tender the document, or adduce evidence comprising information contained in the document, in the proceeding without the court’s leave.

s 189D ins 2016 No. 24s 31

189EDisclosure or use of documents or information disclosed in a proceeding

(1)This section applies to a document, or information contained in a document, disclosed by the litigation director under section 189C to a party to a proceeding.
(2)A person must not, directly or indirectly, disclose or make use of the document or information other than for a purpose connected with the proceeding.

Maximum penalty—100 penalty units or 2 years imprisonment.

s 189E ins 2016 No. 24s 31

190Production of department’s records

(1)This section applies if a party to a proceeding in a court or tribunal requires, under applicable rules—
(a)the chief executive to produce to the court, tribunal or party a document in the department’s records under this Act in relation to a child or a child’s carer; or
(b)a government entity to produce to the court, tribunal or party a document mentioned in paragraph (a) that has been given to the entity under section 187.
(2)The requirement must describe the document to be produced—
(a)by reference to the person or persons to whom it relates; and
(b)by general reference to the circumstances to which it relates; and
(c)by stating the period to which the requirement relates.
(3)For subsection (2)(b), the requirement must show the circumstances to be relevant to the proceeding.
(4)A person must not, directly or indirectly, disclose or make use of information obtained under the requirement other than for a purpose connected with the proceeding.

Maximum penalty—100 penalty units or 2 years imprisonment.

(5)Despite any Act to the contrary, if a document in the department’s records under this Act in relation to a child or a child’s carer is produced in a proceeding in a court, an officer of the court must not make the document available for inspection to any person other than a party to the proceeding or a lawyer representing a party to the proceeding.

Maximum penalty for subsection (5)—50 penalty units or 1 year’s imprisonment.

s 190 amd 2002 No. 21s 21sch 2

191Refusal to disclose particular documents or information

(1)Subsection (2) states the grounds on which—
(a)the litigation director may refuse to disclose a document to a party to a proceeding under section 189C; or
(b)another person who is or was engaged in the administration of this Act may refuse to disclose to a court or tribunal in a proceeding, or to a party to a proceeding, information obtained under or in relation to the administration of this Act.
(2)The litigation director or other person may refuse to disclose the document or information if—
(a)it is the subject of legal professional privilege; or
(b)it is a communication between—
(i)a public service employee employed in the department; and
(ii)the litigation director, a member of the litigation director’s staff or a lawyer engaged under the Director of Child Protection Litigation Act 2016 , section 11 ; or
(c)its disclosure would be likely to endanger a person’s safety or psychological health; or
(d)it identifies or is likely to identify its source and identification of the source is likely to prejudice the achievement of the purpose of this Act; or
(e)it is a record of confidential therapeutic counselling and the person to whom it relates does not consent to its disclosure; or
(f)its disclosure could reasonably be expected to—
(i)prejudice the investigation of a contravention or possible contravention of the law in a particular case; or
(ii)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or
(iii)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or
(g)the litigation director or other person reasonably believes—
(i)it is or contains personal information that is not materially relevant to the proceeding; or
(ii)its disclosure would be contrary to the public interest; or
(iii)there is other good reason for not disclosing it, having regard to the best interests of a child who is a subject of the proceeding; or
(h)the party already has the document, or a copy of the document, or the information.
(3)The litigation director or other person must refuse to disclose a record mentioned in subsection (2)(e) unless the litigation director or other person considers disclosure is necessary to prevent or lessen a risk of harm to a child or serious risk to the health or safety of anyone else.
(4)Despite subsections (2) and (3), on the application of a party to the proceeding, the court or tribunal may order the disclosure of the document or information if satisfied—
(a)it is materially relevant to the proceeding; and
(b)its disclosure is, on balance, in the public interest.
(5)The court or tribunal may order the disclosure on the conditions it considers appropriate, including conditions to ensure the best interests of a child who is a subject of the proceeding and the privacy and safety of any individual.
(6)To enable the court or tribunal to make a decision about the disclosure of the document or information, the litigation director or other person must disclose it to the judicial officers of the court or tribunal.
(7)In deciding whether or not the document or information should be disclosed, the judicial officers must deal with it in a way that ensures it is not disclosed to anyone else.
(8)If the court or tribunal refuses to order disclosure of the document or information, the judicial officers must return anything produced to them under subsection (6).
(9)The rules of court may make provision about a matter under this section.
(10)In this section—
judicial officers, of a court or tribunal, means the person or persons constituting the court or tribunal.

s 191 amd 2003 No. 57s 39(1)sch 3

sub 2016 No. 24s 32

192Prohibition of publication of certain information for proceedings

A person must not publish—
(a)information given in evidence in a proceeding under this Act in the Childrens Court, or other Childrens Court records, without the court’s approval; or
(b)information that identifies, or is likely to lead to the identification of, a person as a party to a proceeding under this Act.

Maximum penalty—

(a)for an individual—100 penalty units or 2 years imprisonment; or
(b)for a corporation—1,000 penalty units.

193Restrictions on reporting certain court proceedings

(1)If a child is a witness in a proceeding for an offence of a sexual nature, a report of the proceeding must not disclose identifying information about the child unless the court expressly authorises the information to be included in the report.
(2)If a child is a witness in a proceeding for an offence other than an offence of a sexual nature, the court or justice may order that a report of the proceeding must not disclose identifying information about the child other than information stated in the order.
(3)Also, a report of a proceeding to which subsection (1) or (2) relates must not disclose the name of an authorised officer or police officer involved in the proceeding unless the court or justice expressly authorises the officer’s name to be included in the report.
(4)A person who makes or publishes a report of a proceeding in contravention of subsection (1), (2) or (3) commits an offence.

Maximum penalty—

(a)for an individual—100 penalty units or 2 years imprisonment; or
(b)for a corporation—1,000 penalty units.

(5)However, subsections (1), (2) and (3) do not apply to—
(a)a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or
(b)a report made for the department or Queensland Police Service; or
(c)a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) .
(6)In this section—
film includes a slide, videotape, videodisc or other form of recording from which a visual image can be produced.
identifying information, about a child—
(a)means information that identifies, or is likely to lead to the identification of, him or her as a witness in a proceeding for an offence or a person in relation to whom an offence was committed or is alleged to have been committed; and
(b)includes—
(i)the child’s name, address, school or place of employment; and
(ii)a photograph or film of the child or of someone else that is likely to lead to the child’s identification.
proceeding means a proceeding before a court in relation to an offence or before a justice taking an examination of witnesses for an indictable offence.
report, of a proceeding, includes a report of part of the proceeding.

s 193 amd 2009 No. 34s 6

193A[Repealed]

s 193A ins 2000 No. 7s 45

om R1 (see RA s 37)

Division 4 Other prohibition on publication

div hdg prev div 4 hdg om 2004 No. 36s 30

pres div 4 hdg ins 2009 No. 34s 7

194Publication of information identifying child victim

(1)A person must not publish identifying information about a relevant person.

Maximum penalty—

(a)for an individual—100 penalty units or 2 years imprisonment; or
(b)for a corporation—1,000 penalty units.

(2)Subsection (1) does not apply to a publication if—
(a)the publication is made by the relevant person; or
(b)the relevant person is an adult and he or she gives consent to the publication after being told—
(i)the information to be published; and
(ii)to whom it is to be published; and
(iii)the reason for the publication; or
(c)the publication is—
(i)a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or
(ii)a report made for the department or Queensland Police Service; or
(iii)a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) ; or
(d)the publication is—
(i)for the purpose of an investigation into a complaint made by or on behalf of the relevant person about a relevant offence; and
(ii)made by—
(A)the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or
(B)a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or
(e)the publication is made for the purpose of preparing for or conducting any of the following in relation to a relevant offence—
(i)an examination of witnesses;
(ii)a trial;
(iii)a proceeding on appeal arising from a trial; or

Example for paragraph (e)—

publication for the purpose of issuing a summons or subpoena in the preparation of a defence for a relevant offence
(f)the publication is permitted by a direction under section 194A or 194B.
(3)A purpose mentioned in subsection (2)(e) does not include a purpose for which publication may be permitted by a direction under section 194A or 194B.
(4)In this section—
identifying information, about a relevant person—
(a)means information that identifies, or is likely to lead to the identification of, him or her as a relevant person; and
(b)includes—
(i)the person’s name, address, school or place of employment; and
(ii)a photograph or film of the person or of someone else that is likely to lead to the relevant person’s identification.
relevant offence, in relation to a relevant person, means an offence committed or alleged to have been committed in relation to the relevant person.
relevant person means a person who is or was a child in relation to whom an offence was committed or is alleged to have been committed.

s 194 prev s 194 sub 2004 No. 13s 15

amd 2005 No. 10s 50 sch

om 2004 No. 36s 30

pres s 194 ins 2009 No. 34s 7

194ACourt direction allowing publication before examination of witnesses or trial

(1)Before the start of an examination of witnesses or a trial, a defendant may apply to the court for a direction that section 194(1) does not apply in relation to a stated relevant person and stated offence.
(2)The court may give the direction if satisfied—
(a)the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the examination or trial; and
(b)the conduct of the applicant’s defence at the examination or trial is likely to be substantially prejudiced if the direction is not given; and
(c)it would be appropriate to give the direction, having regard to the effect that publication may have on the relevant person.
(3)The court may state in the direction—
(a)the identifying information that may be published; or
(b)the extent to which, or way in which, the information may be published.

Example—

A direction may allow publication only by newspaper advertisement.

s 194A ins 2009 No. 34s 7

194BCourt direction allowing publication before appeal

(1)This section applies to a person convicted of an offence who has—
(a)given a notice of appeal against the conviction to the Court of Appeal, the Supreme Court, the District Court, a Magistrates Court or the Childrens Court; or
(b)applied for leave to appeal against the conviction to the Court of Appeal.
(2)The person may apply to the relevant court for a direction that section 194(1) does not apply in relation to a stated relevant person and stated offence.
(3)The court may give the direction if satisfied—
(a)the direction is required for the purpose of obtaining evidence in support of the appeal; and
(b)the person is likely to suffer substantial injustice if the direction is not given; and
(c)it would be appropriate to give the direction, having regard to the effect that publication may have on the relevant person.
(4)The court may state in the direction—
(a)the identifying information that may be published; or
(b)the extent to which, or way in which, the information may be published.

Example—

A direction may allow publication only by newspaper advertisement.
(5)In this section—
relevant court means—
(a)if subsection (1)(a) applies—the court to which the notice of appeal has been given; or
(b)if subsection (1)(b) applies—the Court of Appeal or the Supreme Court.

s 194B ins 2009 No. 34s 7

Part 7 General

195Compliance with provisions about explaining and giving documents

(1)This section applies if, under a provision of this Act, the chief executive or an authorised officer or police officer is authorised or required to explain the terms and effects of an order or declaration, or give information or a notice to—
(a)a child; or
(b)a child’s parents, each of a child’s parents or at least 1 of a child’s parents; or
(c)a child’s carer.
(2)Also, this section applies if, under a provision of chapter 7, the chief executive is required to obtain the consent of a parent.
(3)The chief executive or officer need only comply with the provision to the extent that is reasonably practicable in the circumstances.
(4)Without limiting subsection (3), it is not, for example, reasonably practicable to comply with the provision in relation to a child’s parents if, after reasonable inquiries, the parents or their whereabouts can not be ascertained or, if ascertained, can not be contacted.
(5)Also, so far as compliance relates to telling the child about a matter, the chief executive or officer need only comply with the provision to the extent that the chief executive or officer reasonably considers is appropriate in the circumstances having regard to the child’s age or ability to understand the matter.
(6)However, if under the provision an authorised officer is required to give the child’s parents a copy of a document or information in writing, the officer must also give the child the information in writing the officer considers is appropriate in the circumstances having regard to the child’s age or ability to understand the information.
(7)In this section—
parent includes a long-term guardian of the child.

s 195 amd 2000 No. 7s 42; 2010 No. 33s 85

196Exercise of powers and compliance with obligations by others

If, under a provision of this Act, an authorised officer or police officer is authorised or required to exercise a power or perform a function—
(a)the power may be exercised or the function performed by another authorised officer or police officer who could exercise or perform a power or function of the same type; and
(b)the officer is taken to have complied with the provision.

197Protection from liability for officials

(1)An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(2)If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
(3)In this section—
official means—
(a)the chief executive; or
(b)an authorised officer or police officer; or
(c)a person acting under the direction of a person mentioned in paragraph (a) or (b); or
(d)a member of the SCAN system or a representative of a member; or
(e)a member of a review panel.

s 197 amd 2004 No. 36s 31; 2014 No. 28s 26

197AProtection from liability for giving information about alleged harm or risk of harm

(1)This section applies if a person, acting honestly and reasonably—
(a)gives information to the chief executive under chapter 2, part 1AA; or
(b)otherwise notifies the chief executive or another public service employee employed in the department that the person suspects—
(i)a child has suffered harm, is suffering harm or is at risk of suffering harm; or
(ii)an unborn child may be at risk of harm after he or she is born; or
(c)otherwise gives the chief executive, an authorised officer or a police officer—
(i)information about alleged harm or alleged risk of harm to a child; or
(ii)information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born; or
(d)gives information to a relevant person or colleague of a relevant person under section 13H.
(2)The person is not liable, civilly, criminally or under an administrative process, for giving the notification or information.
(3)Also, merely because the person gives the notification or information, the person can not be held to have—
(a)breached any code of professional etiquette or ethics; or
(b)departed from accepted standards of professional conduct.
(4)Without limiting subsections (2) and (3)—
(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b)if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—
(i)does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii)is not liable to disciplinary action for giving the information.

s 197A (prev s 22) amd 2004 No. 13s 10; 2004 No. 36s 14; 2014 No. 28s 8(1)–(2)

reloc and renum 2014 No. 28s 8(3)

Chapter 7 Interstate transfers of child protection orders and proceedings

ch hdg ins 2000 No. 7s 43

Part 1 Preliminary

pt hdg ins 2000 No. 7s 43

Division 1 Explanation, purpose and guiding principles

div hdg ins 2000 No. 7s 43

198Explanation and purpose

(1)Chapter 2 provides for the making of child protection orders and the conduct of child protection proceedings in the Childrens Court.
(2)Laws of other States and New Zealand provide for similar orders and proceedings.
(3)The purpose of this chapter is to provide for the transfer of the orders and proceedings between Queensland and other States, and between Queensland and New Zealand—
(a)so that children in need of protection may be protected if they move from one jurisdiction to another; and
(b)so that proceedings relating to the protection of a child may be decided, in a timely and expeditious way, in a court in the most appropriate jurisdiction.
(4)The transfer of an order from one jurisdiction to another enables the law of the receiving jurisdiction to provide for the administration and enforcement of the order as if it were made in the receiving jurisdiction.
(5)Similarly, the transfer of a proceeding from one jurisdiction to another enables the law of the receiving jurisdiction to provide for the proceeding to be heard and decided as if it had been started there.

s 198 ins 2000 No. 7s 43

199Further guiding principle

(1)This chapter must be administered under the principle that it is desirable for an order relating to the protection of a child to have effect, and to be enforced, in the State in which the child resides.
(2)In exercising its jurisdiction or powers under this chapter, the Childrens Court must observe the principle mentioned in subsection (1).
(3)This section does not limit the application of chapter 1, part 2, division 1 or section 104.

s 199 ins 2000 No. 7s 43

amd 2010 No. 33s 86

Division 2 Interpretation provisions about child protection orders

div hdg ins 2000 No. 7s 43

200References to Queensland orders

If a child protection order is in force under this Act—
(a)the order as in force in Queensland is referred to in this chapter as the home order; and
(b)the order in the form in which it is proposed to be transferred to another State under this chapter is referred to in this chapter as the proposed interstate order.

s 200 ins 2000 No. 7s 43

201Reference to child protection order includes certain orders of other States

(1)This chapter uses the term ‘child protection order’ to refer not only to orders made under this Act, but also to certain orders made under the laws of other States.
(2)Specifically, an order made under a child welfare law, or interstate law, of a participating State is a child protection order for this chapter if—
(a)the order provides—
(i)for the guardianship, custody or supervision of a child; or
(ii)for contact with a child; or
(iii)that a parent of the child must do or refrain from doing something directly related to the child’s protection; and
(b)the order is made in favour of, or gives responsibility to, any of the following entities of the participating State—
(i)a government department or statutory authority;
(ii)a person who is head of, is employed in, or otherwise holds an office or other position in, a government department or statutory authority;
(iii)an organisation or the chief executive of an organisation, whether or not the person’s position is given the name of chief executive;
(iv)a Minister; and
(c)the order is not made on an interim basis or for the purpose of assessing a child’s protective needs.
(3)A reference in this chapter to a child protection order, if the order is made under a law of another State—
(a)is a reference to the order in the form in which it is transferred, or proposed to be transferred, to Queensland; and
(b)includes a reference to a document, prepared under the law of the other State, stating the conditions applying to the order on its transfer to Queensland.

s 201 ins 2000 No. 7s 43

amd 2000 No. 46s 3 sch

Division 3 Corresponding laws of other States

div 3 (ss 202–204) ins 2000 No. 7s 43

202Meaning of law for div 3

(1)In this division—
law includes part of a law.
(2)Also, for the application of the Acts Interpretation Act 1954 , section 14H to a regulation made under this division, the definition law for that section includes a law of New Zealand.

div 3 (ss 202–204) ins 2000 No. 7s 43

203Child welfare laws

A regulation may declare a law of another State about the protection of children to be a child welfare law of that State.

div 3 (ss 202–204) ins 2000 No. 7s 43

204Interstate laws

(1)If the Minister is satisfied a law of another State substantially corresponds to this chapter, the Minister may recommend that the Governor in Council—
(a)declare the law to be an interstate law of that State; and
(b)declare that State to be a participating State; and
(c)declare the holder (from time to time) of a stated office to be the interstate officer for that State.
(2)The Governor in Council may make the declaration by regulation.

div 3 (ss 202–204) ins 2000 No. 7s 43

Division 4 Meaning of parent

div hdg ins 2000 No. 7s 43

205Meaning of parent for ch 7

In this chapter—
parent, of a child, means each of the following persons—
(a)the child’s mother or father;
(b)a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth);
(c)a person, other than the chief executive, having custody or guardianship of the child under—
(i)a law of the State, other than this Act; or
(ii)a law of another State;
(d)a long-term guardian of the child.

def parent amd 2010 No. 33s 87

s 205 ins 2000 No. 7s 43)

sub 2000 No. 7s 3 sch (amd 2000 No. 46s 3 sch; 2003 No. 57s 39(1)sch 3)

Part 2 Transfer of an order to another State

pt hdg ins 2000 No. 7s 43

Division 1 Orders that may be transferred

div 1 (s 206) ins 2000 No. 7s 43

206Orders that may be transferred

A child protection order in force under this Act may be transferred to a participating State under this part, unless the order is—
(a)an interim order under section 67; or
(b)an order granting long-term guardianship of a child to someone other than the chief executive.

div 1 (s 206) ins 2000 No. 7s 43

Division 2 Administrative transfers

div hdg ins 2000 No. 7s 43

207Chief executive may transfer order

(1)The chief executive may transfer a child protection order to a participating State if—
(a)the chief executive is satisfied an order to the same or a similar effect as the home order could be made under a child welfare law of that State; and
(b)the home order is not the subject of an appeal under chapter 3, part 4 and, if no appeal has been started, the time for starting an appeal has expired; and
(c)the home order is not the subject of an application under section 65; and
(d)the interstate officer for that State has given written consent to the transfer and to the provisions of the proposed interstate order; and
(e)each person whose consent to the transfer is required under section 209 has consented; and
(f)the chief executive has given the notices required under section 210.
(2)For subsection (1)(a), in deciding whether an order to the same or a similar effect as the home order could be made under a child welfare law of the participating State, the chief executive must not take into account the period for which an order of that type could have been made in that State.

s 207 ins 2000 No. 7s 43

208Provisions of proposed interstate order

(1)The provisions of the proposed interstate order are the provisions decided by the chief executive under this section.
(2)Before transferring the child protection order, the chief executive may vary the home order in a way that the chief executive is satisfied is reasonably necessary because of the transfer.

Example—

A child protection order is made under chapter 2 , part 4 , granting short-term guardianship of a child to the chief executive.

The child moves to Victoria. The chief executive decides to transfer the order to Victoria. In deciding the provisions of the proposed interstate order, the chief executive varies the home order so that it grants short-term guardianship of the child to the interstate officer for Victoria.

(3)The proposed interstate order—
(a)must be of the same or a similar effect as the home order; and
(b)may only include provisions that could be included in an order of that type under a child welfare law of the participating State.
(4)The chief executive must state in the proposed interstate order the time for which it is to have effect in the participating State.
(5)The stated time must be the lesser of—
(a)the time for which the home order would have effect if it were not transferred to that State; and
(b)the maximum time for which an order of that type, made under a child welfare law of that State, could be given effect.

s 208 ins 2000 No. 7s 43

209Persons whose consent is required

(1)The order may not be transferred unless all the following persons give written consent to the transfer and to the provisions of the proposed interstate order—
(a)the child’s parents;
(b)if the child is at least 12 years, the child;
(c)if the child is in the care of a carer who has moved, or is moving, with the child to the participating State, the carer.
(2)Before obtaining a person’s consent under subsection (1), the chief executive must—
(a)tell the person why the chief executive considers it is appropriate to transfer the order; and
(b)explain to the person the terms and effect of the proposed interstate order.

s 209 ins 2000 No. 7s 43

210Notice of decision

(1)If the chief executive decides to transfer the order, the chief executive must give a written notice of the decision and a copy of the proposed interstate order to each of the following persons—
(a)the child;
(b)each person whose consent to the transfer is required;
(c)anyone else who the chief executive considers ought to be notified of the decision.
(2)The notice must be given within 3 business days after the day the decision is made (the decision day).
(3)The notice must—
(a)state the decision day; and
(b)state that anyone who wishes to make a judicial review application in relation to the decision must make the application, and give notice of the application to the chief executive, within 28 days after the decision day.

s 210 ins 2000 No. 7s 43

amd 2010 No. 33s 88

211Limited time for applying for judicial review

(1)Despite the Judicial Review Act 1991 , sections 26 and 46 , a person may only make a judicial review application in relation to the decision to transfer the order within 28 days after the decision day.
(2)The Supreme Court may not extend the time stated in this section for making the application.
(3)The application is taken not to have been made until notice of the application is given to the chief executive.
(4)The application stays the operation of the chief executive’s decision.

s 211 ins 2000 No. 7s 43

Division 3 Judicial transfers

div hdg ins 2000 No. 7s 43

212Application for transfer

The litigation director may apply to the Childrens Court for an order transferring a child protection order to a participating State.

s 212 ins 2000 No. 7s 43

amd 2016 No. 23s 61

213Procedural matters

The following provisions apply to the application as if any reference in the provisions to a child protection order were a reference to an order transferring a child protection order to a participating State—
section 54(2)
sections 55 to 58
chapter 2, part 5
chapter 3, parts 1 to 3.

s 213 ins 2000 No. 7s 43

214Court may transfer order

On receiving the application, the Childrens Court may order the transfer of the child protection order to the participating State if—
(a)the home order is not the subject of an appeal under chapter 3, part 4 and, if no appeal has been started, the time for starting an appeal has expired; and
(b)the interstate officer for that State has given written consent to the transfer and to the provisions of the proposed interstate order; and
(ba)an appropriate case plan has been prepared under chapter 2, part 3A; and
(c)a family group meeting has been held or reasonable attempts to hold a family group meeting have been made; and
(d)if the application is contested, a conference between the parties has been held or reasonable attempts to hold a conference have been made; and
(e)the child’s wishes or views, if able to be ascertained, have been made known to the court.

s 214 ins 2000 No. 7s 43

amd 2004 No. 36s 32

215Provisions of proposed interstate order

(1)If the Childrens Court decides to order the transfer of the child protection order to the participating State, it must decide the provisions of the proposed interstate order.
(2)The court must be satisfied—
(a)the proposed interstate order is an order that could be made under a child welfare law of that State; and
(b)the protection sought to be achieved by the proposed interstate order is unlikely to be achieved by an order on less intrusive terms; and
(c)the proposed interstate order—
(i)is of the same or a similar effect as the home order; or
(ii)is otherwise in the child’s best interests.
(3)In deciding the provisions of the proposed interstate order, the court must—
(a)decide the time for which it would be appropriate for the proposed interstate order to have effect in the participating State; and
(b)state the time in the proposed interstate order.
(4)The stated time must not be more than the maximum time for which an order of that type, made under a child welfare law of that State, could be given effect in that State.
(5)In deciding whether the proposed interstate order is of the same or a similar effect as the home order, the court must not take into account the time for which the proposed interstate order is to have effect in the participating State.

s 215 ins 2000 No. 7s 43

216Notice of decision

(1)This section applies if the court decides the application by ordering the transfer of the child protection order.
(2)As soon as practicable after the court makes the decision, the chief executive must give to each party to the proceeding for the application—
(a)a copy of the court’s order; and
(b)a written notice—
(i)explaining the terms and effect of the court’s order; and
(ii)stating that the party may appeal against the decision within 10 business days after the party receives the notice; and
(iii)stating how to appeal.

s 216 ins 2000 No. 7s 43

Division 4 Effect of transfer and registration

div 4 (ss 217–219) ins 2000 No. 7s 43

217Application of div 4

This division applies if a child protection order is transferred to a participating State under this part and registered under an interstate law of that State.

div 4 (ss 217–219) ins 2000 No. 7s 43

218Order ceases to have effect under this Act

The order ceases to have effect under this Act.

div 4 (ss 217–219) ins 2000 No. 7s 43

219Order may be revived under this Act

(1)If the registration of the order is revoked under an interstate law of the participating State before its original expiry day, the home order resumes having effect under this Act until its original expiry day.
(2)The home order does not resume having effect under this Act if—
(a)the transferred order (rather than its registration) is revoked under a child welfare law of that State; or
(b)the transferred order expires.
(3)In this section—
original expiry day, of an order, means the day the order would cease to have effect under this Act if it were not transferred under this part.

div 4 (ss 217–219) ins 2000 No. 7s 43

Part 3 Transfer of an order to Queensland

pt 3 (ss 220–224) ins 2000 No. 7s 43

220Application of pt 3

This part applies to the transfer of a child protection order to Queensland, from a participating State, under an interstate law of that State.

pt 3 (ss 220–224) ins 2000 No. 7s 43

221Chief executive’s consent to transfer

(1)The order may not be transferred to Queensland unless the chief executive gives written consent to the transfer and to the provisions of the order.
(2)The chief executive must give the required consent, if asked by the interstate officer for the participating State, unless the chief executive is satisfied—
(a)the order includes a provision that may not be included in an order made under chapter 2, part 4; or
(b)the transfer or the provisions of the order would not be in the child’s best interests.

pt 3 (ss 220–224) ins 2000 No. 7s 43

222Filing and registration of order

(1)This section applies if—
(a)the chief executive gives written consent to the transfer and to the provisions of the order; and
(b)the chief executive is satisfied that, under the interstate law—
(i)the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and
(ii)the decision is not the subject of an appeal or application for review; and
(iii)the decision is not stayed.
(2)As soon as practicable after receiving a copy of the order, the chief executive must file the copy in the Childrens Court.
(3)On the filing of the copy, the registrar of the court must register the order.
(4)Immediately after registering the order, the registrar must notify the interstate officer for the participating State and the registrar of the Childrens Court in that State.

pt 3 (ss 220–224) ins 2000 No. 7s 43

223Effect of registration

(1)The order is taken to be a child protection order of the Childrens Court in Queensland made on the day of its registration, except for the purposes of an appeal against the order.
(2)Without limiting subsection (1), the order may be enforced, varied, revoked, or extended in operation, as if it had been made under chapter 2, part 4.

pt 3 (ss 220–224) ins 2000 No. 7s 43

224Revocation of registration

(1)Any of the following persons may apply to the Childrens Court to revoke the registration of the order—
(a)the chief executive;
(b)the child the subject of the order;
(c)a parent of the child;
(d)a party to a proceeding in which the interstate transfer decision was made.
(2)The registrar must immediately give a copy of the application to—
(a)the interstate officer for the participating State; and
(b)each person mentioned in subsection (1).
(3)The court may grant the application and revoke the registration only if it is satisfied that, when the order was registered—
(a)the period for appealing, or applying for review of, the interstate transfer decision had not expired; or
(b)the decision was the subject of an appeal or application for review; or
(c)the decision was stayed.
(4)Immediately after the registration of the order is revoked, the registrar must—
(a)notify the interstate officer for the participating State and the registrar of the Childrens Court in that State; and
(b)return the copy of the order that was filed in the court under section 222.
(5)Revocation of the registration of the order does not prevent a re-registration of the order.

pt 3 (ss 220–224) ins 2000 No. 7s 43

Part 4 Transfer of proceedings to another State

pt 4 (ss 225–232) ins 2000 No. 7s 43

225Application for transfer

(1)If there is a child protection proceeding pending in the Childrens Court, an application may be made to the court transferring the proceeding to the Childrens Court in a participating State.

Note—

Only the litigation director may make the application—see the Director of Child Protection Litigation Act 2016 , section 10 .
(2)The application must—
(a)state the grounds on which it is made; and
(b)state the nature of the order sought; and
(c)comply with applicable rules of court; and
(d)be filed in the court.

s 225 ins 2000 No. 7s 43

amd 2016 No. 23s 62

226Registrar to fix time and place for hearing

When the application is filed, the registrar of the Childrens Court must immediately fix the time and place for hearing the application having regard to the principle that it is in the best interests of the child for the application to be heard as early as possible.

pt 4 (ss 225–232) ins 2000 No. 7s 43

227Notice of application

(1)As soon as practicable after the application is filed, the chief executive must—
(a)personally serve a copy of it on each of the child’s parents; and
(b)tell the child about the application.

Note—

Section 195 deals with compliance with provisions about giving information.
(2)However, if it is not practicable to serve the copy personally, a copy of the application may be served on a parent by leaving it at, or by sending it by post to, the parent’s residential address last known to the chief executive.
(3)The copy of the application served under this section must state—
(a)when and where the application is to be heard; and
(b)that the application may be heard and decided even though the parent does not appear in court.

s 227 ins 2000 No. 7s 43

amd 2016 No. 23s 63

228Court may transfer proceeding

On receiving the application, the court may order the transfer of the proceeding to the participating State if the interstate officer for that State has given written consent to the transfer.

pt 4 (ss 225–232) ins 2000 No. 7s 43

229Considerations for Childrens Court

(1)In deciding whether to order the transfer, the court must have regard to the following matters—
(a)whether there are any child protection orders for the child in force in the participating State;
(b)whether any other proceedings relating to the child are pending, or have been heard and decided, under a child welfare law in the participating State;
(c)where the matters giving rise to the proceedings happened;
(d)the place of residence, and likely future place of residence, of the child, the child’s parents and other persons significant to the child.
(2)This section does not limit sections 104 and 199.

pt 4 (ss 225–232) ins 2000 No. 7s 43

230Court may make interim order

(1)If the Childrens Court orders the transfer of the proceeding to the participating State, it may also make an interim order—
(a)granting custody of the child to any person; or
(b)giving responsibility for the child’s supervision to the interstate officer for that State or another person in that State to whom the responsibility may be given under a child welfare law of that State.
(2)The interim order must state the time, not more than 30 days, for which it has effect.

pt 4 (ss 225–232) ins 2000 No. 7s 43

231Notice of decision to transfer

(1)This section applies if the court decides the application by ordering the transfer of the proceeding.
(2)As soon as practicable after the court makes the decision, the chief executive must give to each party to the proceeding for the application—
(a)a copy of the court’s order; and
(b)a written notice—
(i)explaining the terms and effect of the court’s order; and
(ii)stating that the party may appeal against the decision within 10 business days after the party receives the notice; and
(iii)stating how to appeal.

pt 4 (ss 225–232) ins 2000 No. 7s 43

232Effect of registration of order

If the court’s order transferring the proceeding to the participating State is registered in that State’s Childrens Court under its interstate law—
(a)the proceeding is discontinued in the Childrens Court in Queensland; and
(b)any interim order made by the Childrens Court in Queensland on ordering the transfer ceases to have effect under this Act.

pt 4 (ss 225–232) ins 2000 No. 7s 43

Part 5 Transfer of proceedings to Queensland

pt 5 (ss 233–238) ins 2000 No. 7s 43

233Application of pt 5

This part applies to the transfer of a child protection proceeding to Queensland, from a participating State, under an interstate law of that State.

pt 5 (ss 233–238) ins 2000 No. 7s 43

234Chief executive’s consent to transfer

(1)The proceeding may not be transferred to Queensland unless the chief executive gives written consent to the transfer.
(2)The chief executive must give the consent, if asked by the interstate officer for the participating State, unless the chief executive is satisfied the transfer would not be in the child’s best interests.

pt 5 (ss 233–238) ins 2000 No. 7s 43

235Filing and registration of interstate transfer decision

(1)This section applies if—
(a)the chief executive gives written consent to the transfer; and
(b)the chief executive is satisfied—
(i)the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and
(ii)the decision is not the subject of an appeal or application for review; and
(iii)the decision is not stayed.
(2)As soon as practicable after receiving a copy of the decision, the chief executive must file the copy in the Childrens Court.
(3)Also, if an interstate government officer of the participating State is a party to the proceeding, the chief executive must file in the Childrens Court a notice stating that the litigation director is a party to the proceeding in place of the interstate government officer.
(4)If there is an associated interim order in force, the chief executive must also file a copy of the associated interim order in the Childrens Court as soon as practicable after receiving the copy.
(5)On the filing of a copy of an interstate transfer decision or associated interim order under this section, the registrar of the court must register the decision or order.
(6)Immediately after registering the decision or order, the registrar must notify the interstate officer for the participating State and the registrar of the Childrens Court in that State.
(7)In this section—
interstate government officer, of a participating State, means the interstate officer for that State or another officer of a department of government of that State.

s 235 ins 2000 No. 7s 43

amd 2016 No. 23s 64

236Effect of registration of interstate transfer decision

(1)The transferred proceeding is taken to be a proceeding started in the Childrens Court in Queensland on the day of registration of the interstate transfer decision and may be continued in the court.
(2)The litigation director is a party to the proceeding in place of the interstate government officer for the participating State.
(3)The court—
(a)is not bound by any finding of fact made by the Childrens Court in the participating State; and
(b)may inform itself on a matter using a transcript of the proceeding in that court or evidence tendered in the proceeding.

s 236 ins 2000 No. 7s 43

amd 2016 No. 23s 65

237Effect of registration of associated interim order

(1)An associated interim order filed in the Childrens Court in Queensland is taken to be an order of the court made on the day of its registration, except for the purposes of an appeal against the order.
(2)The order may be enforced as if it had been made by the court under section 67, even if it includes provisions that could not otherwise be included in an order under that section.
(3)However, the court may not extend the operation of the order or vary the order in any other way.
(4)This section does not limit the court’s powers to revoke the order or make another order under section 67.

pt 5 (ss 233–238) ins 2000 No. 7s 43

238Revocation of registration

(1)Any of the following persons may apply to the Childrens Court to revoke the registration of an interstate transfer decision or associated interim order under this part—
(a)the chief executive;
(b)the litigation director;
(c)the child the subject of the proceeding;
(d)a parent of the child;
(e)a party to the proceeding;
(f)a person entitled under the interstate law of the participating State to receive notice of the proceeding.
(2)The registrar must immediately give a copy of the application to—
(a)the interstate officer for the participating State; and
(b)each person mentioned in subsection (1).
(3)The court may grant the application and revoke the registration only if it is satisfied that, when the interstate transfer decision or associated interim order was registered—
(a)the period for appealing, or applying for review of, the decision or order had not expired; or
(b)the decision or order was the subject of an appeal or application for review; or
(c)the decision or order was stayed.
(4)Immediately after the registration of the decision or order is revoked, the registrar must—
(a)notify the interstate officer for the participating State and the registrar of the Childrens Court in that State; and
(b)return the documents relating to the decision or order that were filed in the court under section 235.
(5)To remove doubt, it is declared that revocation of the registration of the interstate transfer decision or associated interim order does not prevent a re-registration of the decision or order.

s 238 ins 2000 No. 7s 43

amd 2016 No. 23s 66

Part 6 Miscellaneous

pt hdg ins 2000 No. 7s 43

Division 1 Appeals

div 1 (ss 239–240) ins 2000 No. 7s 43

239Appeal against decision of Childrens Court

(1)This section applies to a decision of the Childrens Court (the original decision) on an application for an order transferring a child protection order or child protection proceeding to a participating State.
(2)A party to the proceeding for the application may appeal to the appellate court against the decision.
(3)The appeal is started by filing a written notice of appeal with the registrar of the appellate court.
(4)The appellant must file the notice of appeal, and serve a copy of the notice on the other persons entitled to appeal against the decision, within the following times—
(a)if the original decision is to order the transfer of a child protection order—within 10 business days after receiving the notice under section 216;
(b)if the original decision is to order the transfer of a child protection proceeding—within 10 business days after receiving the notice under section 231;
(c)otherwise—within 10 business days after the decision.
(5)The appellate court may not extend the period for filing and serving the notice of appeal.
(6)The notice of appeal must state fully the grounds of the appeal and the facts relied on.
(7)The original decision is stayed until the appellate court decides the appeal.
(8)The appeal must be decided on the evidence and proceedings before the Childrens Court.
(9)However, the appellate court may order that the appeal be heard afresh, in whole or part.
(10)The appellate court must hear and decide the appeal as soon as possible.
(11)In deciding the appeal, the appellate court may—
(a)confirm the original decision; or
(b)vary the original decision; or
(c)set aside the original decision and substitute another decision.

div 1 (ss 239–240) ins 2000 No. 7s 43

240Interim orders

(1)This section applies if a person appeals against an order transferring a child protection proceeding to a participating State.
(2)If an interim order is in force under section 230—
(a)the interim order is not affected merely because of the appeal; but
(b)the appellate court may—
(i)stay the operation of the interim order; or
(ii)vary or revoke the interim order; or
(iii)extend the time for which the interim order has effect.
(3)Also, the appellate court may make any interim order that could be made by the Childrens Court under section 230.

div 1 (ss 239–240) ins 2000 No. 7s 43

Division 2 Court files

div 2 (s 241) ins 2000 No. 7s 43

241Transfer of court file

(1)This section applies if—
(a)a court has made an order transferring a child protection order or proceeding to a participating State; and
(b)the time, if any, for an appeal against the court’s order has expired; and
(c)the court’s order is not subject to a stay.
(2)The registrar of the court must give the court file for the child protection order or proceeding to the registrar of the Childrens Court of the participating State.

div 2 (s 241) ins 2000 No. 7s 43

Part 7 [Repealed]

pt hdg ins 2000 No. 7s 43

om 2007 No. 7s 3 sch (amd 2000 No. 46s 3 sch)

242[Repealed]

s 242 ins 2000 No. 7s 43

def parent sub 2003 No. 57s 39(1)sch 3

om 2000 No. 7s 3 sch (amd 2000 No. 46s 3 sch)

244[Repealed]

s 244 ins 2000 No. 7s 43

om 2000 No. 7s 3 sch (amd 2000 No. 46s 3 sch)

Chapter 7A Child deaths and other matters

ch hdg ins 2004 No. 13s 16

amd 2014 No. 28s 27

Part 1 Child death and other case reviews

pt hdg ins 2014 No. 28s 28

Division 1 Preliminary

div hdg ins 2016 No. 23s 67

245Purpose

(1)This chapter provides for a system of review of—
(a)the department’s involvement with particular children who have since died or suffered serious physical injury; and
(b)the involvement of the office of the litigation director in performing a litigation function in relation to the children mentioned in paragraph (a).
(2)The system includes—
(a)a review by the chief executive and, in certain circumstances, the litigation director; and
(b)a further independent review by a panel of appropriately qualified persons.
(3)The purposes of requiring the reviews are—
(a)to facilitate ongoing learning and improvement in the provision of services by the department and the litigation director; and
(b)to promote the accountability of the department and the litigation director.

s 245 prev s 245 ins 2000 No. 7s 43

amd 2000 No. 59s 151sch 1; 2003 No. 57s 39(1)sch 3

om 2000 No. 7s 3 sch (amd 2000 No. 46s 3 sch)

pres s 245 ins 2016 No. 23s 68

Division 2 When reviews must be carried out

div hdg ins 2016 No. 23s 69

246Application of division

This division applies if a child dies or suffers serious physical injury.

s 246 prev s 246 ins 2000 No. 7s 43

om 2000 No. 7s 3 sch (amd 2000 No. 46s 3 sch)

pres s 246 ins 2016 No. 23s 69

246AChief executive to review department’s involvement with child

(1)The chief executive must carry out a review about the department’s involvement with the child if—
(a)at the time of the child’s death or serious physical injury, the child is in the chief executive’s custody or guardianship; or
(b)within 1 year before the child’s death or serious physical injury, the chief executive became aware of alleged harm or alleged risk of harm to the child in the course of performing functions under or relating to the administration of this Act; or
(c)within 1 year before the child’s death or serious physical injury, the chief executive took action under this Act in relation to the child; or
(d)the child was less than 1 year old at the time of death or serious physical injury and, before the child was born, the chief executive reasonably suspected the child might be in need of protection after he or she was born; or
(e)the Minister requests a review under subsection (2).
(2)The Minister may ask the chief executive to carry out a review if the Minister considers the circumstances of the child’s death or serious physical injury may be relevant to the chief executive’s functions under or relating to the administration of this Act.
(3)If the litigation director is performing or has performed a litigation function in relation to the child, the chief executive must give notice to the director of the requirement for the review as soon as practicable after the chief executive becomes aware of the requirement.

s 246A ins 2004 No. 13s 16

amd 2010 No. 33s 89

sub 2014 No. 28s 29

amd 2016 No. 23s 70

246AA Litigation director to review office’s involvement in matter

The litigation director must carry out a review of the involvement of the office of the director in a matter relating to the child if—
(a)the chief executive gives notice to the litigation director under section 246A(3); and
(b)any of the following apply—
(i)at the time of the child’s death or serious physical injury, the litigation director is involved in performing a litigation function in relation to the child; or
(ii)within 1 year before the child’s death or serious physical injury, the litigation director has performed a litigation function in relation to the child; or
(iii)the chief executive requests the review in writing.

s 246AA prev s 246AA ins 2014 No. 28s 29

om 2016 No. 23s 68

pres s 246AA ins 2016 No. 23s 71

Division 3 Terms of reference and extent of reviews

div hdg ins 2016 No. 23s 72

246AB Deciding terms of reference and extent of review

(1)If a review is to be carried out by the chief executive, the chief executive must decide the extent of, and terms of reference for, the review.
(2)If a review is to be carried out by the litigation director, the director must decide the extent of, and terms of reference for, the review.

s 246AB ins 2016 No. 23s 72

246BChief executive’s review

(1)Without limiting the matters the chief executive may consider in making a decision under section 246AB(1), the chief executive may consider the nature of the department’s involvement with the child and its relevance to the cause of the child’s death or serious physical injury.
(2)Also, without limiting section 246AB(1), the terms of reference for the review may include any of the following—
(a)finding out whether the department’s involvement with the child and the child’s family complied with legislative requirements and the department’s policies;
(b)considering the adequacy and appropriateness of the department’s involvement with the child and the child’s family;
(c)commenting on the sufficiency of the department’s involvement with other entities in the delivery of services to the child and the child’s family;
(d)commenting on the adequacy of legislative requirements and the department’s policies relating to the child;
(e)making recommendations relating to matters mentioned in paragraphs (a) to (d) and suggesting strategies to put into effect the recommendations.
(3)In this section—
policies include guidelines, procedures, protocols, standards and systems.

s 246B ins 2004 No. 13s 16

amd 2014 No. 28s 30; 2016 No. 23s 73

246BA Litigation director’s review

(1)Without limiting the matters the litigation director may consider in making a decision under section 246AB(2), the terms of reference for the review may include any of the following—
(a)considering whether the office of the litigation director complied with legislative requirements, guidelines made by the director under the Director of Child Protection Litigation Act 2016 , section 39 and any policies relevant to the performance of a litigation function in relation to the child;
(b)commenting on the adequacy of the legislative requirements, guidelines and policies mentioned in paragraph (a) for performing litigation functions;
(c)commenting on whether sufficient evidence was made available to the office of the litigation director for the purposes of making decisions under the Director of Child Protection Litigation Act 2016 ;
(d)making recommendations relating to the matters mentioned in paragraphs (a) to (c) and suggesting strategies to put into effect the recommendations.
(2)In this section—
policies include procedures, protocols, standards, systems and guidelines.

s 246BA ins 2016 No. 23s 74

246CChief executive may seek information from entities for chief executive’s review

For the chief executive’s review, the chief executive may ask another entity who the chief executive reasonably considers has information about the child for information about the child that was relevant to the child’s protection or wellbeing while the child was alive or before the child was injured.

s 246C ins 2004 No. 13s 16

amd 2010 No. 33s 90; 2014 No. 28s 31; 2016 No. 23s 75

Division 4 Preparing report for, and review by, review panel

div hdg ins 2016 No. 23s 76

246D Report about review

(1)This section applies if the chief executive or litigation director is, under division 2, required to carry out a review.
(2)As soon as practicable, and not more than 6 months, after the triggering event for the review, the chief executive or litigation director must—
(a)complete the review; and
(b)prepare a report about the review; and
(c)give the following documents (the original review documents) to the review panel to which the review is allocated under section 246HF—
(i)a copy of the report under paragraph (b);
(ii)any documents obtained by the chief executive or litigation director and used for the review.
(3)If both the chief executive and litigation director are required to carry out a review for the same child, when complying with subsection (2)(c), the chief executive and director must also give a copy of the report about the review to each other.
(4)In this section—
triggering event means—
(a)for a review by the chief executive under section 246A(1)(a) to (d)—the chief executive becoming aware of the child’s death or serious physical injury; or
(b)for a review by the chief executive under section 246A(1)(e)—the chief executive receiving the Minister’s written request; or
(c)for a review by the litigation director under section 246AA(b)(i) or (ii)—the director receiving the chief executive’s written notice of the chief executive’s review under section 246A(3); or
(d)for a review by the litigation director under section 246AA(b)(iii)—the director receiving the chief executive’s written request.

s 246D ins 2004 No. 13s 16

sub 2014 No. 28s 32; 2016 No. 23s 77

246DA Review panel may obtain further information

(1)After receiving the original review documents, the review panel may ask the chief executive or litigation director for further information relevant to the panel’s review.
(2)The chief executive or director must comply with the request to the extent that the chief executive or director has the information or may obtain it under this Act or the Director of Child Protection Litigation Act 2016 .
(3)For the purpose of complying with the request, the chief executive may ask another entity for particular information requested by the panel.
(4)If the chief executive asks a prescribed entity for information, section 159N applies to the request as if the requested information were relevant information for that section.
(5)In this section—
prescribed entity see section 159D.

s 246DA ins 2014 No. 28s 32

amd 2016 No. 23s 78

246DB Review panel to conduct further review

(1)After receiving the original review documents, the review panel must—
(a)review the chief executive’s or litigation director’s review (the original review); and
(b)decide the extent and terms of reference for its review.
(2)The matters that the review panel may decide to consider in its review include the following—
(a)a matter within the terms of reference of the original review;
(b)for reviewing the chief executive’s review—
(i)ways of improving the department’s practices relating to the delivery of services to children and families; and
(ii)ways of improving the relationship between the department and other entities with functions involving children or families; and
(iii)whether disciplinary action should be taken against a public service employee of the department in relation to the department’s involvement with a child;
(c)for reviewing the litigation director’s review—
(i)ways of improving the guidelines made by the litigation director under the Director of Child Protection Litigation Act 2016 , section 39 and any other relevant policies; and
(ii)ways of improving the relationship between the office of the litigation director and the department; and
(iii)whether disciplinary action should be taken against a member of the director’s staff in relation to the staff member’s performance of a litigation function.
(3)The review panel must complete its review as soon as practicable, but not more than 6 months, after receiving the original review documents.
(4)However, if both the chief executive and litigation director are required to carry out a review for the same child, the review panel must—
(a)review the chief executive’s and litigation director’s reviews at the same time; and
(b)complete its review not more than 6 months after receiving the last original review document relating to the reviews.

s 246DB ins 2014 No. 28s 32

sub 2016 No. 23s 79

246DC Report of panel’s review of chief executive’s review

(1)After reviewing the chief executive’s review, but within the time required for completing its review under section 246DB, the review panel must prepare a report about its review and give the report to the chief executive.
(2)The chief executive—
(a)may give a copy of the report to the litigation director; and
(b)must give a copy of the report to the Minister if—
(i)the chief executive’s review was carried out at the request of the Minister under section 246A(2); or
(ii)the Minister asks for a copy.
(3)If the Minister is given a copy of the report and the report includes a matter concerning the litigation director, the Minister must give a copy of the report to the Minister administering the Director of Child Protection Litigation Act 2016 .

s 246DC ins 2014 No. 28s 32

sub 2016 No. 23s 79

246DD Report of panel’s review of litigation director’s review

(1)After reviewing the litigation director’s review, but within the time required for completing its review under section 246DB, the review panel must prepare a report about its review and give the report to the litigation director.
(2)The litigation director—
(a)may give a copy of the report to the chief executive; and
(b)must give a copy of the report to the justice Minister if the justice Minister asks for it.
(3)If the justice Minister is given a copy of the report and the report includes a matter concerning the department, the justice Minister must give a copy of the report to the Minister.
(4)In this section—
justice Minister means the Minister administering the Director of Child Protection Litigation Act 2016 .

s 246DD ins 2016 No. 23s 79

246EProtection from liability for giving information to chief executive or review panel

(1)This section applies if a person, acting honestly, gives information to the chief executive or a review panel for a review under this part.
(2)The person is not liable, civilly, criminally or under an administrative process, for giving the information.
(3)Also, merely because the person gives the information, the person can not be held to have—
(a)breached any code of professional etiquette or ethics; or
(b)departed from accepted standards of professional conduct.
(4)Without limiting subsections (2) and (3)—
(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b)if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—
(i)does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii)is not liable to disciplinary action for giving the information.

s 246E ins 2004 No. 13s 16

amd 2010 No. 33s 91; 2014 No. 28s 33

246FNo liability for defamation if report made in good faith

It is a lawful excuse for the publication of a defamatory statement made in a report under this part that the publication is made in good faith and is, or purports to be, made for this Act.

s 246F ins 2004 No. 13s 16

amd 2014 No. 28s 34

246HChief executive to give reports to State Coroner

(1)This section applies if—
(a)a report is—
(i)completed by the chief executive or litigation director under section 246D; or
(ii)given to the chief executive or litigation director by a review panel under section 246DC or 246DD; and
(b)the report relates to a child whose death is a reportable death under the Coroners Act 2003 .
(2)The chief executive or litigation director must, as soon as practicable, give a copy of the report to the State Coroner for use by a coroner to help in an investigation under the Coroners Act 2003 .
(3)If the report does not identify the child to whom it relates, the copy given to the State Coroner must be accompanied by a document that states—
(a)the child’s name; and
(b)the child’s date of birth; and
(c)the child’s date of death.

s 246H ins 2004 No. 13s 16

amd 2006 No. 17s 3 sch; 2010 No. 5s 48; 2014 No. 28s 36; 2016 No. 23s 80

Part 2 Child Death Case Review Panels

pt hdg ins 2014 No. 28s 37

Division 1 Pool of panel members

div 1 (ss 246HA–246HD) ins 2014 No. 28s 37

246HA Appointment

(1)The Minister may appoint persons to a pool from which the members of review panels are chosen.
(2)A person may be appointed to the pool only if the Minister is satisfied the person is eligible and suitable for appointment.
(3)A person is eligible for appointment if the person—
(a)has expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or
(b)has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or
(c)is otherwise, because of the person’s qualifications, experience or membership of an entity, likely to make a valuable contribution to the work of a review panel.
(4)Without limiting the matters to which the Minister may have regard in deciding whether a person is suitable for appointment, the Minister—
(a)must not appoint a person if the person does not consent to a criminal history check before appointment; and
(b)may have regard to a person’s criminal history.
(5)Also, in making appointments, the Minister must have regard to the requirements for the membership of review panels under section 246HH.

s 246HA ins 2014 No. 28s 37

amd 2016 No. 23s 81

246HB Minister may obtain criminal history report

(1)This section applies in relation to—
(a)a person whom the Minister proposes to appoint as a member of the pool and who has consented to a criminal history check under section 246HA; or
(b)a member of the pool.
(2)The Minister may ask the police commissioner for the following information—
(a)the person’s criminal history;
(b)a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.
(3)The police commissioner must comply with the request, but only in relation to information in the police commissioner’s possession or to which the police commissioner has access.
(4)The Minister must destroy a report given to the Minister under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.

div 1 (ss 246HA–246HD) ins 2014 No. 28s 37

246HC Term of office

(1)A member of the pool holds office for the term, of not more than 2 years, stated in the member’s instrument of appointment.
(2)A member may resign by signed notice given to the Minister.

div 1 (ss 246HA–246HD) ins 2014 No. 28s 37

246HD Conditions of appointment

A member of the pool holds office under the conditions of appointment fixed by the Minister.

div 1 (ss 246HA–246HD) ins 2014 No. 28s 37

Division 2 Establishment and operation of panels

div 2 (ss 246HE–246HL) ins 2014 No. 28s 37

246HE Establishment

The Minister may establish Child Death Case Review Panels to carry out independent reviews of the chief executive’s or litigation director’s reviews under part 1.

s 246HE ins 2014 No. 28s 37

amd 2016 No. 23s 82

246HF Allocation of reviews

(1)For each review carried out by the chief executive or litigation director under part 1, the Minister must establish a review panel or nominate an existing review panel to carry out a review of the chief executive’s or director’s review.
(2)A review panel may be allocated 1 or more reviews under this section.

s 246HF ins 2014 No. 28s 37

amd 2016 No. 23s 83

246HG Independence

A review panel is not subject to direction by the Minister about the way the panel performs its functions.

div 2 (ss 246HE–246HL) ins 2014 No. 28s 37

246HH Membership

(1)A review panel consists of the members chosen by the Minister from the pool under division 1.
(2)Each review panel must include—
(a)at least 3 persons who are not public service employees and who the Minister is satisfied have specialist knowledge and experience in child protection issues; and
(b)at least 1, and not more than 3, public service officers employed in the department; and
(c)at least 1 public service officer who is employed, as a senior executive or senior officer, in a department other than the department in which this Act is administered; and
(d)if the panel is established for reviewing a review by the litigation director—at least 1 person who has expertise in litigation relating to child protection proceedings or proceedings of a similar nature.
(3)At least 1 member of the panel must be an Aboriginal or Torres Strait Islander person.

s 246HH ins 2014 No. 28s 37

amd 2016 No. 23s 84

246HI Conduct of business

Subject to this chapter, a review panel may conduct its business, including meetings, in the way it considers appropriate.

div 2 (ss 246HE–246HL) ins 2014 No. 28s 37

246HJ Quorum

A quorum for a review panel is 3 members, including—
(a)at least 2 members who are not public service officers employed in the department; and
(b)if the panel’s review relates to a review by the litigation director—at least 1 member who has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; and
(c)if the panel’s review concerns the death or serious physical injury of an Aboriginal or Torres Strait Islander child—at least 1 member who is an Aboriginal or Torres Strait Islander person.

s 246HJ ins 2014 No. 28s 37

amd 2016 No. 23s 85

246HK Disclosure of interests

(1)This section applies to a member of a review panel if—
(a)the member has a direct or indirect interest in an issue being considered, or about to be considered, by the panel; and
(b)the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.
(2)As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the panel.
(3)Unless the panel otherwise directs, the member must not—
(a)be present when the panel considers the issue; or
(b)take part in a decision of the panel about the issue.
(4)The member must not be present when the panel is considering whether to give a direction under subsection (3).
(5)If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not—
(a)be present when the panel is considering whether to give a direction under subsection (3) about the first member; or
(b)take part in making the decision about giving the direction.
(6)If a disclosure under subsection (2) is relevant to a review the panel is conducting under section 246DB, the disclosure must be recorded in a report about the review prepared by the panel under section 246DC or 246DD.

s 246HK ins 2014 No. 28s 37

amd 2016 No. 23s 86

246HL Annual report about review panels

Within 3 months after the end of each financial year, the chief executive must prepare, and give to the Minister, a report about—
(a)the operations of review panels under this chapter during the financial year; and
(b)actions taken during the financial year in response to reports given to the chief executive under section 246DC.

div 2 (ss 246HE–246HL) ins 2014 No. 28s 37

Chapter 8 Miscellaneous

246IRecognised entities

(1)The chief executive must keep a list of entities with whom to consult about issues relating to the protection and care of Aboriginal or Torres Strait Islander children.
(2)The chief executive must not include an entity on the list unless the entity is—
(a)an individual—
(i)who is an Aboriginal or Torres Strait Islander person; and
(ii)who has appropriate knowledge of, or expertise in, child protection; and
(iii)who is not an officer or employee of the department; or
(b)an entity—
(i)whose members include individuals mentioned in paragraph (a); and
(ii)that has a function of providing services to Aboriginal persons or Torres Strait Islanders.
(3)The chief executive must make the list available for public inspection.

s 246I ins 2005 No. 40s 65

247Reviews of reviewable decisions

An aggrieved person for a reviewable decision may apply, as provided under the QCAT Act , to the tribunal to have the decision reviewed.

Note—

Aggrieved persons and reviewable decisions are in schedule 2 .

s 247 sub 2000 No. 59s 151sch 1

amd 2009 No. 24s 25

248A[Repealed]

s 248A ins 2004 No. 13s 17

amd 2006 No. 17s 3 sch

om 2014 No. 28s 38

248BConsultation about investigations and prosecutions

(1)This section applies to an offence committed against a child who a police officer knows or suspects is a child in need of protection.
(2)When investigating the offence, the officer must consult with the chief executive for the purpose of planning the most appropriate way of conducting the investigation.
(3)Before starting a proceeding for the offence, the officer must consult with the chief executive for the purpose of considering whether the proceeding would be in the best interests of the child.
(4)Subsections (2) and (3) do not apply to the officer—
(a)to the extent that the consultation would be impracticable in all the circumstances, including any need to take urgent action; or
(b)if the officer is aware the consultation has already been carried out by another police officer.

s 248B ins 2004 No. 36s 33

249Regulation-making powers

(1)The Governor in Council may make regulations under this Act.
(2)A regulation may be made for or about the following—
(a)the suitability of persons involved in, and the use of premises for, providing care services;
(b)fees;
(c)the records to be kept and returns to be made by persons and the inspection of records;
(d)the conduct of family group meetings;
(e)the SCAN system.
(3)A regulation may impose a penalty of not more than 20 penalty units for contravention of a provision of a regulation.

s 249 amd 2004 No. 36s 34

Chapter 9 Repeals, savings and transitional provisions

Part 1 Repeals

250Repeal of Children’s Services Act 1965

The Children’s Services Act 1965 is repealed.

251References to repealed Act

In an Act or document, a reference to the Children’s Services Act 1965 may, if the context permits, be taken to be a reference to this Act.

Part 2 Savings and transitional provisions for Act No. 10 of 1999

pt hdg amd 2004 No. 13s 18

sub 2000 No. 7s 3 sch (amd 2000 No. 46s 3 sch)

252Definitions for pt 2

In this part—
commencing day means the day this chapter commences.
director means the director under the repealed Act.
existing care and protection order, for a child, means an order in force immediately before the commencing day—
(a)under section 49(4)(a)(iii) of the repealed Act admitting the child to the director’s care and protection; or
(b)under section 61(4)(a)(iii) of the repealed Act admitting the child to the director’s care and control.
existing section 47 declaration, for a child, means a declaration in force immediately before the commencing day under section 47 of the repealed Act admitting the child to the director’s care and protection.
existing section 134 declaration, for a child, means a declaration in force immediately before the commencing day under section 134(4) of the repealed Act admitting the child to the director’s care and protection.
existing supervision order, for a child, means an order in force immediately before the commencing day—
(a)under section 49(4)(a)(ii) of the repealed Act ordering that the director have protective supervision over and in relation to the child; or
(b)under section 61(4)(a)(ii) of the repealed Act ordering the director to exercise supervision over and in relation to the child.
repealed Act means the Children’s Services Act 1965 .

253Existing section 47 declarations and care and protection orders

(1)An existing section 47 declaration or existing care and protection order continues in force under this Act as if it were a child protection order granting the chief executive guardianship of the child.
(2)An existing section 47 declaration, or existing care and protection order made under section 49(4)(a)(iii) of the repealed Act, and continued in force under subsection (1) ends—