Northern Territory Consolidated Acts

COMMUNITY WELFARE ACT

TABLE OF PROVISIONS

           Long Title

   PART I - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Repeal
   4.      Interpretation
   5.      Jurisdiction of Supreme Court preserved

   PART II - ADMINISTRATION

   6.      Delegation
   7.      Reports

   PART III - COMMUNITY WELFARE ASSISTANCE

   8.      Assistance in certain circumstances

   PART IV - WELFARE OF CHILDREN

           Division 1 - Children in Need of Care
           Subdivision A - Preliminary

   9.      Duty of Minister
           Subdivision B - Custody of Children in Need of Care
   10.     Responsibility in respect of children in need of care
   11.     Taking child in need of care into custody
   11A.    Holding order
   12.     Medical treatment for child taken into custody

           Division 2 - Children who have suffered Maltreatment

   13.     Investigation of maltreatment
   14.     Maltreatment to be reported
   15.     Child in hospital
   16.     Investigation where child has suffered maltreatment

           Division 3 - Responsibility of Minister

   17.     Responsibility of Minister when notified of action under section 11(5)

   PART V - CHILD PROTECTION TEAMS

   18.     Establishment of Child Protection Teams
   19.     Resignation of members
   20.     Meetings of Committee
   21.     Functions of Child Protection Teams
   22.     Powers of Child Protection Teams
   23.     Minister to consult with Child Protection Team

   PART VI - FAMILY MATTERS COURT

           Division 1 - Family Matters Court

   24.     Family Matters Court
   25.     Exercise of jurisdiction
   26.     Clerk of Family Matters Court
   27.     [Repealed]
   28.     Application of Justices Act
   29.     Powers of Court
   30.     Jurisdiction of Court of Summary Jurisdiction to cease
   31.     Where Courts may sit
   32.     Restriction on attendance
   33.     Restriction of publication of proceedings or identifying material

           Division 2 - Application to Court

   34.     Application of Division
   35.     Minister to make application
   36.     Applications, &c.
   37.     Attendance of parents, &c.
   38.     Offence to remove child
   39.     Powers of Court at hearing of application
   40.     Procedure
   41.     Attendance of child before Court
   42.     Proof of need of care
   43.     Findings of Court
   44.     Adjournment of proceedings, &c.
   45.     Powers of Court in respect of reports
   46.     Reports to be made available
   47.     Interim orders

           Division 3 - Review, &c.

   48.     Application for variation of order
   49.     Review by Court
   50.     Appeal to Supreme Court

           Division 4 - Warrant for return of child to Territory

   50A.    Definition
   50B.    Child subject to order not to be out of Territory without Minister's consent
   50C.    Warrant to apprehend and return child who is out of Territory without Minister's consent
   50D.    Warrant enforceable under Service and Execution of Process Act 1992 of the Commonwealth

   PART VII - CHILD IN CARE OF MINISTER

   51.     Definition
   52.     Care of child by Minister
   53.     Authorized person to visit child
   54.     Authority may be required
   55.     Change of address to be notified
   56.     Review by Minister
   57.     - 58. [Repealed]
   59.     Agreement with parent, &c.
   60.     Directions to Minister
   61.     Property of child under guardianship of Minister
   62.     Temporary custody

           part viia - interstate transfer of child protection orders and child protection proceedings

           Division 1 - Preliminary

   62A.    Definitions
   62B.    Minister to prescribe child welfare laws, interstate laws and interstate officers

           Division 2 - Transfer of child protection orders
           Subdivision 1 - Transfer by Minister

   62C.    Minister may transfer home order
   62D.    Terms of proposed child protection order to be transferred
   62E.    Certain persons required to consent to transfer of order
   62F.    Notification to child and his or her parents
   62G.    Review of decision
           Subdivision 2 - Transfers by Court
   62H.    Family Matters Court may hear application for order to transfer home order
   62J.    Procedure
   62K.    Court to have regard to certain matters in determining application
   62L.    Order of Court

           Division 3 - Transfer of child protection proceedings

   62M.    Family matters Court may hear application for order to transfer child protection proceeding
   62N.    Procedure
   62P.    Court to have regard to certain matters in determining application
   62Q.    Order of Court
   62R.    Interim transfer order

           Division 4 - Appeals to Supreme Court

   62S.    Right to appeal
   62T.    Procedure
   62U.    Control of persons present at hearing and publications about appeal

           Division 5 - Registration etc. of orders and proceedings
           Subdivision 1 - Orders and proceedings transferred to Territory

   62W.    Filing and registration of interstate orders
   62X.    Effect of registration of interstate orders
   62Y.    Revocation of registration
   62Z.    Duties of Clerk of Family Matters Court
           Subdivision 2 - Orders and proceedings transferred from Territory
   62ZA.   Effect of registration and revocation of registration of home order in receiving State
   62ZB.   Effect of registration and revocation of registration of home proceeding in receiving State
   62ZC.   Transfer of Court file

           Division 6 - Miscellaneous

   62ZD.   Hearing and determination of transferred proceeding
   62ZE.   Disclosure of information
   62ZF.   Minister may consent or refuse to consent to transfer to Territory
   62ZG.   Interstate officer's decision not reviewable in Territory

   PART VIII - FOSTER CARE

   63.     Registration of foster parents
   64.     Foster care
   65.     Authorized person may visit foster parents, &c.
   66.     Support for parents
   67.     Removal of child from foster care

   PART IX - ABORIGINAL CHILD WELFARE

   68.     Assistance to Aboriginal communities, &c.
   69.     Aboriginal child in need of care
   70.     Agreement with community government council, &c.
   71.     Delegation by community government council, &c.

   PART X - LICENSING OF CHILDREN'S HOMES, &c.

           Division 1 - Children's Homes

   72.     Definition
   73.     Licensed children's home
   74.     Licence to be available
   75.     Failure to comply with licence
   76.     Cancellation of licence
   77.     Register
   78.     Inspection of children's home
   79.     Agreement
   80.     Duty of Minister to hear complaints
   81.     Notification of acceptance of child, &c.

           Division 2 - Licensed Child Care Centres

   82.     Definition
   83.     Licensing of child care centre
   84.     Licence to be displayed
   85.     Failure to comply with licence, &c.
   86.     Cancellation of licence
   87.     Register
   88.     Inspection of child care centre
   89.     Maximum period in child care centre
   90.     Drugs not to be administered
   91.     Inspection of other premises

   PART XI - EMPLOYMENT OF CHILDREN

   92.     Employment of children
   93.     Dangerous employment

   PART XII - MISCELLANEOUS

   94.     Obstruction, &c.
   95.     Personation
   96.     Offence to remove child
   97.     Secrecy to be observed
   97A.    Disclosing information from which child can be identified
   98.     Offences and penalties
   99.     Regulations
   100.    Savings
           SCHEDULE
           Endnotes