Northern Territory Consolidated Acts

CARE AND PROTECTION OF CHILDREN ACT

TABLE OF PROVISIONS

           Long Title

           Chapter 1 Introduction
           Part 1.1 Preliminary matters
   1.      Short title
   2.      Commencement
   3.      Act binds Crown
           Part 1.2 What this Act is about
   4.      Objects of Act
   5.      Overview
           Part 1.3 Principles underlying this Act
   6.      Principles
   7.      Responsibility of Territory Government
   8.      Role of family
   9.      Treating child with respect
   10.     Best interests of child
   11.     Child participation
   12.     Aboriginal children
           Part 1.4 Interpretation
   13.     Definitions
   14.     Wellbeing of child
   15.     Harm to child
   16.     Exploitation of child
   17.     Parent of child
   18.     Relatives of child
   19.     Family of child
   20.     When child is in need of care and protection
   21.     Daily care and control of child
   22.     Parental responsibility for child
   23.     Declared offences for Criminal Code
           Chapter 2 Safeguarding wellbeing of children
           Part 2.1 General obligations and powers
           Division 1 Preliminary matters
   24.     Objects of Part
           Division 2 Minister's powers
   25.     Minister's powers
           Division 3 General obligations about reporting
   26.     Reporting obligations
   27.     Protection of person making report
   28.     What happens when police officer receives report
   29.     What happens when CEO receives report or notification
   30.     Duties of other persons
           Division 4 Powers to inquire or investigate
   31.     Object of Division
   32.     CEO may make inquiries
   33.     Police may make inquiries
   34.     Giving information for inquiries
   35.     CEO's power to investigate
   36.     Police officer's power to investigate
   37.     Access to child
   38.     Access to information
   39.     Protection of persons providing access or information
   40.     CEO may take action during inquiries or investigation
           Division 5 General powers of CEO
   41.     Object of Division
   42.     What CEO may do generally
   43.     CEO may request assistance
   44.     Child-related services
   45.     Coordination assistance
   46.     Temporary placement arrangement
   47.     Multiple arrangements
           Division 6 Mediation conference
   48.     Object of Division
   49.     Mediation conference
           Division 7 Provisional protection of child
   50.     Object of Division
   51.     When CEO may take child into provisional protection
   52.     Effect of provisional protection
   53.     Duration of protection
   54.     CEO may take other action
           Division 8 Powers of authorised officers
           Subdivision 1 Moving child to safe place
   55.     Object of Subdivision
   56.     Application
   57.     Authorised officer may move child
           Subdivision 2 Powers of restraint, search and seizure
   58.     Application
   59.     Restraint
   60.     Search
   61.     Seizure
   62.     Recording and reporting
           Subdivision 3 Warrants
   63.     Warrant for access to child
   64.     Execution of warrant
   65.     Failure to comply with warrant
           Part 2.2 Children in CEO's care
           Division 1 Preliminary matters
   66.     Object of Part 67. When child is in CEO's care
   68.     Young person who has left CEO's care
           Division 2 Care plans
   69.     Application
   70.     CEO must prepare care plan
   71.     Modification of care plan
   72.     Child's wishes to be taken into account
   73.     Provision of care plan to interested parties
   74.     Review of care plan
           Division 3 Interim care plans
   75.     Application
   76.     CEO must prepare interim care plan
           Division 4 Placement arrangement
   77.     CEO must enter into placement arrangement
   78.     Placement arrangement
   79.     Child to be informed
   80.     Carer to be informed
   81.     Parents to be informed
   82.     Payment to carer
   83.     Property of child
   84.     Inspection of place where child resides
   85.     Authorised officer's power to apprehend child
           Division 5 Young persons who have left CEO's care
   86.     Assistance for young person who has left CEO's care
           Part 2.3 Court's powers for children
           Division 1 Preliminary matters
   87.     Object of Part
           Division 2 Family matters jurisdiction
   88.     Establishment
   89.     Exercise of jurisdiction
   90.     Paramount consideration
   91.     Jurisdiction not affected by other proceedings
   92.     Sittings of Court
           Division 3 Court proceedings
   93.     Nature of proceedings
   94.     Parties to proceedings
   95.     Standard of proof
   96.     Expedition
   97.     Restrictions on publication
   98.     Understanding proceedings
   99.     Restrictions on attendance
   100.    Appearance of parents
   101.    Right of representation
   102.    Hearing of applications together
           Division 4 Orders for children
           Subdivision 1 Temporary protection order
   103.    Applying for temporary protection order
   104.    How application is made
   105.    Making of order
   106.    Notice of order
   107.    Effect of order
   108.    Authorised officer's powers
   109.    What happens when order ceases to be in force
   110.    Other action for child while order in force
           Subdivision 2 Assessment order
   111.    Applying for assessment order
   112.    How application is made
   113.    When Court may hear application
   114.    Court to consider certain matters
   115.    Order of Court
   116.    Notice of order
   117.    Effect of order
   118.    Refusal to submit to assessment
   119.    What happens after assessment
   120.    CEO may take other action
           Subdivision 3 Protection order
   121.    Applying for protection order
   122.    How application is made
   123.    Directions in protection order
   124.    Notice of application
   125.    Parties to proceedings
   126.    Hearing in absence of parents
   127.    Court-ordered mediation conference
   128.    Order of Court
   129.    When Court must make order
   130.    Court to consider certain matters
   131.    Extraterritoriality
   132.    Duration of order
   133.    Notice of order
   134.    Obligations to supervise protection of child
   135.    Obligations of CEO for order
   136.    Extension of order
   137.    Variation and revocation of order
           Division 5 Adjournment
   138.    Court may adjourn proceeding
   139.    Order on adjournment
           Division 6 Appeal
   140.    Appeal to Supreme Court
   141.    Stay of decision
   142.    Hearing appeal
   143.    Power of Supreme Court
           Division 7 Other procedural matters
   144.    Application
   145.    Medical practitioner may disclose information
   146.    Legal representative of child
   147.    Attendance of child
   148.    Submissions from other persons
   149.    Report required by Court
   150.    Confidentiality
   151.    Examination and cross-examination of witnesses
           Part 2.4 Transfer of orders and proceedings
           Division 1 Preliminary matters
   152.    Object of Part 153. Definitions
   154.    Child welfare law, interstate law and interstate officer
           Division 2 Transfer of child protection orders
           Subdivision 1 Transfer by CEO
   155.    When CEO may transfer order
   156.    Terms of transfer
   157.    Persons whose consent is required
   158.    Notice of decision
   159.    Review of decision
           Subdivision 2 Transfer by Court
   160.    When CEO may apply to Court for transfer
   161.    Service of application
   162.    When Court may hear application
   163.    Court must consider certain matters
   164.    Order of Court
           Division 3 Transfer of child protection proceedings
   165.    When CEO may apply to Court for transfer
   166.    Service of application
   167.    When Court may hear application
   168.    Court must consider certain matters
   169.    Order of Court
   170.    Interim order
           Division 4 Registration
           Subdivision 1 Transfer of orders and proceedings to Territory
   171.    Filing of documents for transfer of child protection order
   172.    Filing of documents for transfer of child protection proceeding
   173.    Registration of transfer
   174.    Effect of registration
   175.    Revocation of registration
   176.    Notification by Registrar of Court
           Subdivision 2 Transfer of orders and proceedings from Territory
   177.    Effect of registration and revocation of home order in receiving State
   178.    Effect of registration and revocation of home proceeding in receiving State
   179.    Transfer of Court file
           Division 5 Other matters
   180.    Hearing and determination of transferred proceeding
   181.    Disclosure of information
   182.    Discretion of CEO to consent to transfer
   183.    Interstate officer's decision not reviewable
           Chapter 3 Prevention of harm and exploitation
           Part 3.1 Screening for child-related employment
   184.    Object of Part 185. Child-related employment
   186.    Person exempt from operation of Part 187. Obligations for child-related employment
   188.    Application for clearance notice
   189.    Decisions on application
   190.    Provision of information
   191.    Administrative guidelines
   192.    When clearance notice ceases to be in force
   193.    Change of circumstances requiring imposition of conditions
   194.    Local Court may review decision of Authority
   195.    Confidential information
   196.    Screening Authority
   197.    Regulations
           Part 3.2 Employment of children
   198.    Objects of Part 199. Interaction with
   200.    Definitions
   201.    CEO's power to restrict employment of children
   202.    Misleading information about child's age
   203.    Obligation of employers and parents
   204.    Inspections
   205.    Authorised officer may require provision of information
   206.    Local Court may review decision
           Part 3.3 Prevention of child deaths
   207.    Object of Part 208. Child deaths
   209.    Establishment of Committee
   210.    Functions of Committee
   211.    Provision of information to Committee
   212.    Child Deaths Register
   213.    Annual report
   214.    Report about research
   215.    Advisors to Committee
   216.    Deputy Convenor
   217.    Vacation of office of member or advisor
   218.    Termination of appointment
   219.    Meetings of Committee
   220.    Disclosure of interest
   221.    Confidential information
   222.    Review of operation of Part
           Chapter 4 Regulation of children's services
           Part 4.1 Preliminary matters
   223.    Object of Chapter
   224.    Children's services
   225.    Home-based services
   226.    Services requiring licence
   227.    Services requiring registration
           Part 4.2 Key obligations
   228.    Obligation for providers
   229.    Obligation of responsible person and other persons
           Part 4.3 Services provided under licence
   230.    Application for licence
   231.    Granting of licence
   232.    Conditions of licence
   233.    Term of licence
   234.    Display of licence
   235.    Replacement of licence
   236.    When licence ceases to be in force
   237.    Suspension and revocation of licence
   238.    Surrender of licence
   239.    Report about change of circumstances
   240.    Continuation of services by caretaker
           Part 4.4 Services provided under action plan agreement
   241.    Entering into agreement
   242.    Action plan agreement
   243.    Making of agreement
   244.    Effect of agreement
   245.    Termination of agreement
   246.    Offence
           Part 4.5 Services provided under registration
   247.    Application for registration
   248.    Conditions of registration
   249.    Term of registration
   250.    When registration ceases to be in force
           Part 4.6 Compliance
   251.    Inspections
   252.    Authorised officer may require provision of information
   253.    Arrangements for this Part
           Part 4.7 Review
   254.    Application for review
   255.    Review panel
   256.    Review by panel
           Part 4.8 Administrative matters
   257.    Regulations
           Chapter 5 Administration
           Part 5.1 Children's Commissioner
           Division 1 Preliminary matters
   258.    Object of Part 259. Commissioner
   260.    Commissioner's functions
   261.    Commissioner's powers
   262.    Commissioner's independence
           Division 2 Complaints
           Subdivision 1 Procedures for making complaints
   263.    Making complaint
   264.    Grounds for complaint
   265.    When complaint must be made
           Subdivision 2 Dealing with complaints
   266.    Initial assessment of complaint
   267.    Notification of initial assessment
   268.    Complaint referred to another person or body
   269.    Notice to responsible service provider before investigation
   270.    Access to child
   271.    Access to information
   272.    Notification at end of investigation
           Subdivision 3 Offences about complaints
   273.    Failure to comply with notice
   274.    Misleading document
   275.    Preventing or obstructing complaint
   276.    False complaint
   277.    Obstructing or improperly influencing investigation
           Division 3 Commissioner's reports
   278.    Annual report and other reports
   279.    Report authorised by Speaker
           Division 4 Disclosure of confidential information
   280.    Disclosure of information to Commissioner generally
   281.    Direction by Commissioner not to disclose information
   282.    Confidentiality
           Division 5 Immunity
   283.    Immunity - complainant and informants
   284.    Immunity - Commissioner and staff
           Division 6 Administrative matters
   285.    Term of appointment
   286.    Conditions of appointment
   287.    Leave
   288.    Resignation
   289.    Suspension and termination of appointment
   290.    Acting Commissioner
   291.    Oath of office
   292.    Delegation
   293.    Staff of Commissioner
           Part 5.2 Review teams
   294.    Object of Part 295. Establishment
   296.    Functions of team
   297.    Reports of team
   298.    Regulations
           Part 5.3 General offences
   299.    Obstruction
   300.    Impersonating officer
   301.    Disclosure of child's identity
           Part 5.4 Other administrative matters
   302.    Approved forms
   303.    Delegation
   304.    Authorised officers
   305.    Identity cards
   306.    Misleading documents
   307.    Misleading information
   308.    Confidential information
   309.    Protection from liability
   310.    Regulations
           Part 5.5 Repeals and transitional matters for Care and Protection of Children Act 2007
           Division 1 Repeals
   311.    Repeals
           Division 2 Transitional matters for Chapter 2
   312.    Definitions
   313.    Arrangements for assistance
   314.    Investigations
   315.    Temporary custody
   316.    Foster parent
   317.    Foster care
   318.    Child in custody or detention
   319.    Transfer of proceedings and records
   320.    Orders and directions
   321.    Ministerial decisions
   322.    Interstate orders
           Division 3 Transitional matters for Part 3.2
   323.    Consent for child's employment
           Division 4 Transitional matters for Chapter 4
   324.    Definitions
   325.    Saving of old licences
   326.    Renewal of old licences
   327.    Granting of licences during transitional period
   328.    Authorised persons
           Division 5 Other transitional matters
   329.    Definitions
   330.    Agreement with parent
   331.    References relating to
   332.    Section 12 of
   333.    Transitional regulations
           Schedule Repealed Acts
           ENDNOTES