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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 13 Definitions

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 13

Definitions

In this Act:

"Aboriginal" means:

    (a)     a descendant of the Aboriginal people of Australia; or

    (b)     a descendant of the indigenous inhabitants of the Torres Strait Islands.

"Aboriginal customary law" means:

    (a)     customary law of the Aboriginal people of Australia; or

    (b)     customary law of the indigenous inhabitants of the Torres Strait Islands.

"Aboriginal tradition" means:

    (a)     tradition of the Aboriginal people of Australia; or

    (b)     tradition of the indigenous inhabitants of the Torres Strait Islands.

"action plan agreement", see section 242 (1).

"administrative guidelines", means administrative guidelines made under section 191 (1).

"adult" means:

    (a)     a person at least 18 years of age; or

    (b)     a person apparently at least 18 years of age if the person's age cannot be proved.

"advisor" means an advisor to the Committee mentioned in section  215 .

"approved form" means a form approved by the CEO under section  302 .

"assessment order" means an assessment order made under section  115 (a) or (b).

"authorised officer", see section 304 (1).

"Authority" means the Screening Authority established by section  196 (1).

"candidate", see section 188 (1).

"care plan", see section 70 (2).

"carer", see section 78 (1).

"caretaker" means a caretaker mentioned in section 240 .

"CEO" means the Chief Executive Officer of the Department.

"child" means:

    (a)     a person less than 18 years of age; or

    (b)     a person apparently less than 18 years of age if the person's age cannot be proved.

"child", for a Court order, see section 88 (2)(e).

"child", for Court proceedings, see section 88 (2)(d).

"Child Deaths Register" means the Child Deaths Register established by section 212 (1).

"child deaths", see section 208 .

"child is in the CEO's care", see section 67 (1).

"child is in need of protection", see section 20.

"child leaves the CEO's care", see section 67 (2).

"child protection order", for Part 2.4, see section 153 .

"child protection proceeding", for Part 2.4, see section 153 .

"child-related authority", see section 37 (1).

"child-related employment", see section 185 .

"child-related services" means services that:

    (a)     are provided to one or more of the following:

        (i)     a child (whether or not in need of protection) or young person who has left the CEO's care;

        (ii)     someone who is related to or is a family member of the child or person;

        (iii)     an organisation representing the interests of the child or person;

        (iv)     an organisation representing a community of which the child or person is a member; and

    (b)     are in the nature of social services that relate to one or more of the following:

        (i)     the prevention of harm to, or exploitation of, a child;

        (ii)     the protection of a child;

        (iii)     services for the care or support of a child and the child's family (including children's services and other domestic support services);

        (iv)     a placement arrangement;

        (v)     medical or other health-related services;

        (vi)     information and advisory services;

        (vii)     counselling services;

        (viii)     advocacy services;

        (ix)     mediation services.

"child-related work", see section 185 (2).

"child welfare law", for Part 2.4, see section 153 .

"Children's Court", for Part 2.4, see section 153 .

"children's services", see section 224 .

"clearance notice" means a clearance notice issued under section  189 (3)(a).

"Commissioner" means the person holding or occupying the office of Children's Commissioner established by section  259 .

"Commissioner's staff" means the staff of the Commissioner as defined in section  293 .

"Committee" means the Child Deaths Review and Prevention Committee established by section  209 (1).

"complainant" means a person who makes a complaint.

"complaint" means a complaint, or a part of a complaint, made under section 263 .

"contact" includes:

    (a)     any form of physical contact; and

    (b)     any form of oral communication, whether face-to-face or by other means; and

    (c)     any form of written communication.

"Convenor" means the person holding or occupying the office of Convenor of the Committee mentioned in section 209 (4).

"coordinator", of home-based services, see section 225 (2)(b).

"Court", see section 88 (2)(a).

"Court order", see section 88 (2)(c).

"Court proceedings", see section 88 (2)(b).

"criminal history" means a criminal record as defined in section 3(1) of the Criminal Records (Spent Convictions) Act .

"customary law or tradition" includes:

    (a)     Aboriginal customary law; and

    (b)     Aboriginal tradition.

"daily care and control", of a child, see section 21.

"daily care and control direction", see section 123 (1)(b).

"decision maker", see section 254 (5).

"Department" means the Agency administering this Act.

"educational institution", see section 61 of the Education Act .

"engage", for child-related employment, see sections 185 and 2007_Actc093.html#_Ref134937696">186 .

"exploitation", see section 16.

"family", see section 19.

"family matters jurisdiction", see section 88 .

"harm", see section 15.

"health practitioner", see section 4 of the Health Practitioners Act .

"health services", see section 4(1) of the Health and Community Services Complaints Act .

"holder" means:

    (a)     for a clearance certificate – the person to whom the certificate is issued; or

    (b)     for a licence – the person to whom the licence is granted.

"home-based services", see section 225 (1).

home-based services provided for a home-based services scheme , see section 225 (2).

home-based services not provided for a home-based services scheme , see section 225 (3).

"home order", for Part 2.4, see section 153 .

"home proceeding", for Part 2.4, see section 153 .

"hospital" includes:

    (a)     a hospital as defined in section 5 of the Medical Services Act ; and

    (b)     a private hospital as defined in section 4 of the Private Hospitals and Nursing Homes Act .

"identity card" means an identity card issued under section 305 .

"interim care plan", see section 76 (2).

"interim order", for Part 2.4, see section 153 .

"interstate law", for Part 2.4, see section 153 .

"interstate officer", for Part 2.4, see section 153 .

"investigation" means an investigation of a complaint by the Commissioner under Part 5.1.

"licence" means a licence granted under section 231 .

"licence conditions", see section 232 (1).

"local government council" means a municipal council or community government council constituted under the Local Government Act .

long-term parental responsibility direction , see section  123 (1)(d).

"matter to which a complaint relates", see section 264 (3).

"mediation conference" means:

    (a)     for a conference arranged by the CEO – see section 49 ;

    (b)     for a conference ordered by the Court – see section 127 or  2007_Actc093.html#_Ref84733850">139 (1)(e).

"member" means a member of the Committee mentioned in section  209 .

"misleading information" includes information that is misleading because the information:

    (a)     does not contain relevant information; or

    (b)     contains misinformation.

"obstruct" includes resist and hinder.

"operator of child-related services" means a person who controls an operation for the provision of child-related services.

"operator of children's services" means:

    (a)     a person providing services requiring a licence; or

    (b)     a person providing services requiring registration; or

    (c)     anyone else who controls an operation for the provision of children's services.

"operator providing home-based services" means:

    (a)     if the services are provided for a home-based services scheme – the operator mentioned in section 225 (2); or

    (b)     otherwise – the operator mentioned in section 225 (3).

"panel" means a review panel established under section 255 .

parent :

    (a)     for Part 2.4, see section 153 ; or

    (b)     otherwise – see section 17.

"parental responsibility", see section 22.

"participating State", for Part 2.4, see section 153 .

"placement arrangement", see section 78 .

"protected child", see section 260 (2)(a).

"protection order" means an order made under section 128 (1).

"provisional protection", see section 51 .

"public authority" means any of the following:

    (a)     an Agency;

    (b)     the Police Force;

    (c)     a local government council;

    (d)     an office or body (whether incorporated or not) established for a public purpose by or under a law of the Territory;

    (e)     any other entity established for a public purpose (including a non-government organisation) that is prescribed by regulation.

"registration" means the registration of a person under section 247 .

"regulation" means a regulation made under this Act.

"relative", see section 18.

"required services", for a complaint, see section 264 (1).

"responsible Agency", for a complaint, see section 267 (3).

"responsible Minister", for a complaint, see section 267 (3).

"responsible service provider", for a complaint, see section 264 (1).

"reviewable decision", see section 254 .

"school", see section 4(1) of the Education Act .

"sending State", for Part 2.4, see section 153 .

"service provider", see section 260 (2)(b) and (3).

"services requiring a licence", see section 226 .

"services requiring registration", see section 227 .

"sexual offence", see section 3 of the Sexual Offences (Evidence and Procedure) Act .

short-term parental responsibility direction , see section  123 (1)(c).

"State", for Part 2.4, see section 153 .

"supervision direction", see section 123 (1)(a).

"team" means a review team established under section 295 .

"temporary placement arrangement" means an arrangement mentioned in section 46 .

"temporary protection order" means a temporary protection order made under section 105 .

"underlying principles of this Act", see section 6.

"wellbeing of a child", see section 14.

working day :

    (a)     for Part 2.4, see section 153 ; or

    (b)     otherwise – means a day that is not a Saturday, Sunday or public holiday as defined in the Public Holidays Act .

young person who has left the CEO's care , see section 68 .