Child Protection Act 1999Reprint noteThis is the last reprint before expiry. Expired on 31 August 2023 (see SIA s 56A and SIR s 5 sch 3).Child Protection Regulation 2011Part 1Preliminary1Short titleThis regulation may be cited as the Child Protection Regulation 2011.Part 2Placing child in care2Agreement to provide care for child(1)For section 84(2) of the Act, the following terms are prescribed for an agreement entered into between the chief executive and an approved carer for the care of a child in the custody or guardianship of the chief executive—

(a)the time for which the agreement is to have effect;

(b)the time for which it is intended that the approved carer will care for the child;

(c)information, from any case plan the chief executive prepares for the child, about matters involving or affecting the approved carer;

(d)if a notice provision applies in relation to the child—

(i)whether the chief executive has complied, or intends to comply, with the notice provision; and

(ii)if the chief executive has complied, or intends to comply, with the notice provision—the information given, or intended to be given, to the child’s parents under the notice provision;

(e)arrangements for contact between the child and the child’s parents or other members of the child’s family, including, for example, the child’s transport arrangements;

(f)the responsibilities of the chief executive and of the approved carer in the provision of dental, medical, therapeutic, schooling and other services to the child;

(g)information about any special needs of the child, including information about—

(i)any special health needs; and

(ii)any special behavioural management needs; and

(iii)the resources needed to meet the special needs;

(h)the amounts to be paid to the approved carer for the child’s care and maintenance.

(2)In this section—notice provision means section 85(2) or 86(2) of the Act.Editor’s note—section 85 (Chief executive to tell parents of placing child in care—assessment order) or 86 (Chief executive to notify parents of placing child in care—child protection order) of the Act3Matters to consider before telling or notifying parents(1)For the Act, section 85(3) or 86(3), this section prescribes the matters the chief executive must consider in relation to a child to whom the Act, section 85 or 86 applies.(2)The matters are whether a relevant person for the child—

(a)has a history of violence relevant to the safety of the child or anyone else with whom the child is living; and

(b)has recently made a threat to harm the child or anyone else with whom the child is living; and

(c)is likely to behave in a way that is likely to intimidate or frighten the child or another child with whom the child is living; and

(d)is likely to attempt to intimidate or otherwise adversely influence the child in relation to future court proceedings; and

(e)is likely to attempt to remove the child from the chief executive’s custody or guardianship; and

(f)has previously engaged in violent behaviour, harassment or other harmful behaviour in response to an action taken to protect the child.

(3)In this section—relevant person, for a child to whom the Act, section 85 or 86 applies, means—

(a)a parent of the child; or

(b)a partner of a parent of the child; or

(c)another person closely associated with a parent of the child.

Part 3Regulation of careDivision 1Licensing of care services4Independent evaluation for grant or renewal of licence(1)The purpose of this section is to require the chief executive to obtain particular information about a care service to help the chief executive decide if the standard of care provided by the care service complies, and will continue to comply, with the statement of standards.(2)Before granting an application for a licence, or renewal of a licence, the chief executive must—

(a)obtain, from an independent person, a written evaluation of the care service provided by the applicant; and

(b)give a copy of the evaluation to the applicant; and

(c)give the applicant a written invitation to give the chief executive, within a reasonable stated time of at least 14 days after the invitation, a submission about anything contained in the evaluation.

(3)In this section—independent person means a person who is independent of the applicant and the department.5Suitability of selection, training and management methodsFor section 126(f) of the Act, in deciding whether the suitability of methods for the selection, training and management of people engaged in providing care services is satisfactory, the chief executive must have regard to the standards for the management of a licensed care service published by the department.Editor’s note—The standards are available for inspection, without charge, at the offices of the department during normal business hours and are published on the department’s website on the internet.6Procedure about reporting matter of concern(1)A licensee must—

(a)prepare a procedure under this section; and

(b)keep the procedure up to date; and

(c)ensure staff members of the licensee are aware of the procedure.

(2)The procedure may, for example, include the following—

(a)a statement that the licensee supports the staff members in the reporting of matters of concern;

(b)for a licence relating to a licensed residential facility, provision for ensuring the staff members are aware of their obligations under section 13F of the Act;

(c)addresses, phone numbers or other contact details, including for an office of the department, for reporting matters of concern.

(3)In this section—matter of concern, for a staff member of a licensee, means—

(a)harm that the staff member becomes aware, or reasonably suspects, has been caused to a child in the care of the licensed care service operated under the licence; or

(b)a concern that the staff member has about the standards of the care services provided under the licence.

procedure means a procedure that facilitates reporting by a staff member of a licensee of any matter of concern for the staff member.staff member, of a licensee, means a person employed in the licensed care service operated under the licence.Note—Under section 139(1)(f) of the Act, the chief executive may suspend or cancel an authority on the ground that the holder has contravened a provision of the Act.s 6 amd 2014 SL No. 105 s 77Licensee to keep particular records(1)A licensee must keep records under this section for each child receiving care services from the licensee under the licence.(2)The records must include the following information about a child mentioned in subsection (1)—

(a)the name, date of birth and sex of the child;

(b)the first and last days of each period during which the child received the services;

(c)the name and address of—

(i)the licensed residential facility in which the child is residing; or

(ii)the carer in whose care the chief executive has placed the child;

(d)details of—

(i)any written complaint the licensee receives relating to the provision of the services to the child; and

(ii)any action the licensee takes in relation to the complaint;

(e)details of—

(i)any written allegation of breach of the statement of standards the licensee receives relating to the child’s care by a licensed care service operated under the licence; and

(ii)any action the licensee takes in relation to the allegation;

(f)if the child is residing in a licensed residential facility, details of any significant event relating to the child that happened during the residency.

(3)In this section—significant event, relating to a child, means an event that is significant in the child’s life, having regard to the child’s age and circumstances.Examples of a significant event relating to the child—

•non-routine medical treatment received by the child

•punishment received by the child at the facility

•contact between the child and the child’s family

•receipt by the child of a schooling or sporting award

8Licensee to allow inspection of particular recordsThe licensee must allow the chief executive to inspect, during normal office hours of the department, the records a licensee is required to keep under section 7.9Licensee may be required to give return(1)The chief executive may, by notice given to a licensee, require the licensee to give a return about the details stated in the records the licensee is required to keep under section 7.(2)The notice must—

(a)be in writing; and

(b)state the time for giving the return.

(3)The time stated for giving the return must not be less than 30 days after the chief executive gives the notice to the licensee.(4)If a licensee is given a notice under subsection (1), the licensee must give a return.(5)The return must—

(a)be in the approved form; and

(b)be given to the chief executive within the time stated in the notice.

Division 2General10Information to be included in report to chief executiveFor section 13G(2)(b) of the Act, the following information is prescribed for inclusion in the relevant person’s report—

(a)the child’s name and sex;

(b)the child’s age;

(c)details of how to contact the child;Examples—

•the address at which the child usually lives

•the name and address of the school the child attends

(d)details of the harm to which the reportable suspicion relates;

(e)particulars of the identity of the person suspected of causing the child to have suffered, suffer, or be at risk of suffering, the harm to which the reportable suspicion relates;

(f)particulars of the identity of any other person who may be able to give information about the harm to which the reportable suspicion relates.

s 10 sub 2014 SL No. 105 s 8Part 3ARegister of applicants, authority holders and former authority holderspt 3A hdg ins 2018 SL No. 161 s 4sub 2022 Act No. 7 s 7010ADefinitions for partIn this part—identification information, for a person, means the following information—

(a)the person’s full name, date of birth and residential address;

(b)whether the person is an Aboriginal person or a Torres Strait Islander.

relevant person, for a licensee, or in relation to an application for the grant or renewal of a licence, means—

(a)a director of the licensee or applicant; or

(b)the nominee for the licence; or

(c)a person who is, or will be, responsible for directly managing a care service provided by a licensed care service operated under the licence; or

(d)a person who is, or will be, performing a risk-assessed role for a licensed care service operated under the licence.

working with children information, for a person, means the following information—

(a)whether the person holds a working with children authority or negative notice;

(b)if the person holds a working with children authority—the expiry date for the authority;

(c)if the person does not hold a working with children authority—

(i)whether or not the person has made a working with children check application; and

(ii)if the person has made a working with children check application—

(A)the date of the application; and

(B)whether the application has been decided or withdrawn.

s 10A ins 2018 SL No. 161 s 4sub 2022 Act No. 7 s 7010BPrescribed particulars of applicants for authorities—Act, s 148F(1)This section applies in relation to an applicant for an authority if the application for the authority is refused, withdrawn or otherwise undecided.(2)For section 148F(2) of the Act, the following particulars are prescribed—

(a)the identification information for the applicant;

(b)the type of authority the applicant applied for;

(c)the working with children information for the applicant;

(d)the date the applicant applied for the authority;

(e)if the application was refused—

(i)the date of the decision to refuse the application; and

(ii)the reasons for the decision;

(f)if the application was withdrawn—

(i)the date the application was withdrawn; and

(ii)the reason for the withdrawal;

(g)for an applicant for a licence—

(i)if the chief executive has assessed whether the applicant is a suitable entity to provide a care service—the outcome of the assessment; andNote—See section 126(a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.

(ii)the identification information and working with children information for each relevant person for the application; and

(iii)if the chief executive has assessed whether a relevant person for the application is a suitable person—the outcome of the assessment; and

(iv)the personal history for the nominee for the licence; and

(v)the details of each licensed care service that will be operated under the licence if the licence is granted;

(h)for an applicant for a certificate of approval—

(i)the applicant’s personal history; and

(ii)if the chief executive has assessed whether the applicant is a suitable person to be an approved carer—the outcome of the assessment; and

(iii)for each adult member of the applicant’s household—

(A)the identification information for the member; and

(B)the member’s domestic violence history and traffic history; and

(C)the member’s working with children information; and

(D)if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and

(E)if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and

(iv)if the applicant participates in the operation of, or is affiliated with, a licensed care service—details of the service.

(3)In this section—personal history, for an applicant for a certificate of approval, means—

(a)the applicant’s domestic violence history and traffic history; or

(b)if the applicant is a provisionally approved carer—the applicant’s criminal history.

s 10B ins 2022 Act No. 7 s 7010CPrescribed particulars for authority holders—Act, s 148F(1)This section applies in relation to a holder of an authority.(2)For section 148F(2) of the Act, the following particulars are prescribed—

(a)the identification information for the holder;

(b)the type of authority the holder holds;

(c)the working with children information for the holder;

(d)the date the holder applied for the authority;

(e)for the holder of a licence—

(i)if the chief executive has assessed whether the holder is a suitable entity to provide a care service—the outcome of the assessment; andNote—See section 126(a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.

(ii)the identification information and working with children information for each relevant person for the holder; and

(iii)if the chief executive has assessed whether a relevant person for the holder is a suitable person—the outcome of the assessment; and

(iv)the personal history for the nominee for the licence; and

(v)the details of each licensed care service operated under the licence;

(f)for the holder of a certificate of approval—

(i)the holder’s domestic violence history and traffic history; and

(ii)if the chief executive has assessed whether the holder is a suitable person to be an approved carer—the outcome of the assessment; and

(iii)for each adult member of the holder’s household—

(A)the identification information for the member; and

(B)the member’s domestic violence history and traffic history; and

(C)the member’s working with children information; and

(D)if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and

(E)if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and

(iv)if the holder participates in the operation of, or is affiliated with, a licensed care service—details of the service;

(g)if the authority was amended or suspended—details of the amendment or suspension, including, for example, the reason for the amendment or suspension.

s 10C ins 2022 Act No. 7 s 7010DPrescribed particulars for former authority holders—Act, s 148F(1)This section applies in relation to a former holder of an authority.(2)For section 148F(2) of the Act, the following particulars, current immediately before the authority stopped having effect, are prescribed—

(a)the identification information for the former holder;

(b)the type of authority the former holder held;

(c)the working with children information for the former holder;

(d)the date the former holder applied for the authority;

(e)for the former holder of a licence—

(i)if the chief executive assessed whether the former holder was a suitable entity to provide a care service—the outcome of the assessment; andNote—See section 126(a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.

(ii)if the chief executive assessed whether a relevant person for the former holder was a suitable person—

(A)the identification information and working with children information for the relevant person; and

(B)the outcome of the assessment; and

(iii)the personal history for the person who was the nominee for the licence; and

(iv)the details of each licensed care service that was operated under the licence;

(f)for the former holder of a certificate of approval—

(i)the former holder’s domestic violence history and traffic history; and

(ii)if the chief executive assessed whether the former holder was a suitable person to be an approved carer—the outcome of the assessment; and

(iii)if the chief executive assessed whether an adult member of the former holder’s household was a suitable person for associating on a daily basis with children or a particular child—

(A)the identification information for the member; and

(B)the member’s domestic violence history and traffic history; and

(C)the member’s working with children information; and

(D)the outcome of the assessment; and

(iv)if the former holder participated in the operation of, or was affiliated with, a licensed care service—details of the service;

(g)if the authority was amended, suspended, cancelled or surrendered—details of the amendment, suspension, cancellation or surrender, including, for example, the reason for any amendment, suspension or cancellation.

s 10D ins 2022 Act No. 7 s 70Part 3BPrescribed entities for information sharingpt 3B hdg ins 2022 Act No. 7 s 7010EPrescribed entity—Act, s 159MFor section 159M of the Act, definition prescribed entity, paragraph (g), the department in which the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 are administered is prescribed.s 10E ins 2022 Act No. 7 s 70Part 4Confidentiality in relation to administration of Act11Approval to publish particular informationIn deciding whether to give an approval to publish information under section 189 of the Act, the chief executive may have regard to the following in relation to a child mentioned in the section—

(a)if the child is able to form and express views about the publication, the views of the child, taking into account the child’s age or ability to understand;

(b)the emotional support available to the child;

(c)the likely effect of the publication on the child, at present or in the future;

(d)whether the publication would adversely affect the child’s relationship with members of the child’s family;

(e)the way it is proposed to publish the information;

(f)the estimated number of persons who will hear or see the information, as a result of its publication;

(g)the views of the child’s parents;

(h)the identity of the person asking for the approval;

(i)the reason for the proposed publication;

(j)the views of the person seeking the approval as to why the publication is in the best interests of the child.

Part 5Corresponding laws of other States12Child welfare laws—Act, s 203It is declared that a law mentioned in schedule 1 is a child welfare law of the State mentioned opposite.13Interstate laws and related matters—Act, s 204It is declared that—

(a)each State mentioned in schedule 2 is a participating State; and

(b)for each participating State—

(i)the law mentioned opposite is an interstate law of that State; and

(ii)the holder, from time to time, of the office mentioned opposite is the interstate officer for that State.

Part 6Keeping records and preparing report14Chief executive to keep records(1)The chief executive must keep records under this section.(2)The records must include—

(a)details of any report given to the chief executive about—

(i)harm caused, or suspected to have been caused, to a child who, under the Act, is in the care of an entity mentioned in section 82(1) of the Act; or

(ii)a breach, or claimed breach, of the statement of standards; and

(b)the results of any investigation of a matter mentioned in paragraph (a).

(3)The information recorded about a matter concerning a child must include the type of care being provided to the child.(4)The records must be kept in a way that enables the chief executive to—

(a)access or collect information about a particular carer or care service; or

(b)analyse trends across all the information recorded under this section.

15Report about information recorded under s 14The chief executive must prepare a written report about the information recorded under section 14 to be given to the public guardian on a regular basis.s 15 amd 2014 SL No. 105 s 9Part 7Suitable person16Purpose of pt 7The purpose of this part is to provide for the following—

(a)who is a suitable person for the Act, schedule 3, definition suitable person;

(b)matters the chief executive or a court may consider in deciding if a person is a suitable person under this part.

17Custody or guardianship of childA person is a suitable person for having the custody or guardianship of a child if the person—

(a)does not pose a risk to the child’s safety; and

(b)is able and willing to care for the child in a way that meets the standards of care in the statement of standards; and

(c)is able and willing to protect the child from harm; and

(d)understands, and is committed to, the principles for administering the Act.Note—Under section 61 (Types of child protection orders) of the Act, the Childrens Court may make an order granting custody or guardianship of a child.

18Managing licensed care serviceA person is a suitable person for managing a licensed care service if the person—

(a)does not pose a risk to the safety of children to whom, under the Act, the licensee is providing care services; and

(b)is able and willing to manage the licensed care service in a way that—

(i)assists the licensee to ensure the provision of care complies with the statement of standards; and

(ii)implements the methods mentioned in section 126(f) of the Act; and

(c)understands, and is committed to, the principles for administering the Act.

19Director of applicant for licence or licenseeA person is a suitable person to be a director of an applicant for a licence, or a licensee, for a licensed care service if the person—

(a)does not pose a risk to the safety of children to whom, under the Act, the licensee is providing care services; and

(b)is able and willing to manage the licensed care service, or ensure the licensed care service is managed, in a way that ensures the provision of care complies with the statement of standards; and

(c)understands, and is committed to, the principles for administering the Act.

20Nominee for licenceA person is a suitable person to be a nominee for a licence if the person—

(a)does not pose a risk to the safety of children to whom, under the Act, the licensee is providing care services; and

(b)is able and willing to fulfil the responsibilities of a nominee for a licence under section 130(1) of the Act.

21Person performing risk-assessed role for licensed care serviceA person is a suitable person to perform a risk-assessed role for a licensed care service if the person does not pose a risk to the safety of children.s 21 sub 2022 Act No. 7 s 7122Approved foster carerA person is a suitable person to be an approved foster carer of any child if the person—

(a)does not pose a risk to a child’s safety; and

(b)is able and willing to protect a child from harm; and

(c)understands, and is committed to, the principles for administering the Act; and

(d)has completed any training reasonably required by the chief executive to ensure the person is able to care properly for a child.

23Approved kinship carerA person is a suitable person to be an approved kinship carer of a child if the person—

(a)does not pose a risk to the child’s safety; and

(b)is able and willing to protect the child from harm; and

(c)understands, and is committed to, the principles for administering the Act; and

(d)has completed any training reasonably required by the chief executive to ensure the person is able to care properly for a child.

24Provisionally approved carerA person is a suitable person to be a provisionally approved carer of a child if the person—

(a)does not pose a risk to the child’s safety; and

(b)is able and willing to protect the child from harm.

25Associating on daily basis with childA person is a suitable person for associating on a daily basis with children or a particular child if the person does not pose a risk to the children’s or child’s safety.26Other matters that may be consideredIn deciding if a person is a suitable person under this part, the chief executive or a court may consider the following—

(a)the person’s employment history;

(b)the person’s physical or mental health;

(c)any other matter relevant to deciding whether the person is a suitable person under this part.

Part 8Repeal and transitional provisionsDivision 1Repeal27RepealThe Child Protection Regulation 2000, SL No. 346 is repealed.Division 2Transitional provisions28Licensee to have procedure about reporting matters of concern(1)A policy under repealed section 3 is taken to be a procedure under section 6.(2)In this section—repealed section 3 means the Child Protection Regulation 2000, section 3 as in force from time to time before the commencement.29Records kept by licensee(1)A record kept by a licensee under repealed section 4 is taken to be a record kept by a licensee under section 7.(2)In this section—repealed section 4 means the Child Protection Regulation 2000, section 4 as in force immediately before the commencement.30Notice to licensee to give return(1)A notice given to the licensee under repealed section 5 is taken to be a notice given to the licensee under section 9.(2)In this section—repealed section 5 means the Child Protection Regulation 2000, section 5 as in force immediately before the commencement.31Reference to repealed regulation(1)In a document a reference to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.(2)Subsection (1) does not limit the application of the Acts Interpretation Act 1954, section 14H.(3)In this section—repealed regulation means the Child Protection Regulation 2000 as it was in force from time to time before the commencement.Schedule 1Child welfare lawssection 12StateChild welfare lawAustralian Capital TerritoryChildren and Young People Act 2008 (ACT) other than chapters 4, 5, 6, 7, 8, 9, 20 and 21New South WalesChildren and Young Persons (Care and Protection) Act 1998 (NSW)New ZealandChildren, Young Persons, and Their Families Act 1989 (NZ) other than parts 4, 5 and 9Northern TerritoryCare and Protection of Children Act (NT)South AustraliaChildren’s Protection Act 1993 (SA)TasmaniaChildren, Young Persons and Their Families Act 1997 (Tas) other than parts 9 and 10VictoriaChildren, Youth and Families Act 2005 (Vic), chapters 1, 2, 3 and 4Western AustraliaChildren and Community Services Act 2004 (WA)Schedule 2Interstate laws and related matterssection 13Participating StateInterstate lawInterstate officerAustralian Capital TerritoryChildren and Young People Act 2008 (ACT), chapter 17Director-General of the Community Services DirectorateNew South WalesChildren and Young Persons (Care and Protection) Act 1998 (NSW), chapter 14ADirector-General of the Department of Family and Community ServicesNew ZealandChildren, Young Persons, and Their Families Act 1989 (NZ), part 3AChief Executive of the Ministry of Social DevelopmentNorthern TerritoryCare and Protection of Children Act (NT), chapter 2, part 2.4Chief Executive of the Department of Children and FamiliesSouth AustraliaChildren’s Protection Act 1993 (SA), part 8Chief Executive of the Department of Families and CommunitiesTasmaniaChildren, Young Persons and Their Families Act 1997 (Tas), part 8Secretary of the Department of Health and Human ServicesVictoriaChildren, Youth and Families Act 2005 (Vic), chapter 4, part 4.12Secretary to the Department of Human ServicesWestern AustraliaChildren and Community Services Act 2004 (WA), part 6Director-General of the Department for Child Protection