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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CHILDREN AND FAMILIES
BILL 1997
Queensland
CHILDREN AND FAMILIES BILL 1997
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--PURPOSE AND ADMINISTRATION OF ACT
4 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Provisions about Aboriginal and Torres Strait Islander children . . . . . . . . . 14
7 Chief executive's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 3--BASIC CONCEPTS
Division 1--Key terms
8 Who is a "child" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 What is "harm" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Who is a "child in need of protection" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Who is a parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Custody
12 What is effect of custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
CHAPTER 2--PROTECTION OF CHILDREN
PART 1--CHILDREN AT RISK OF HARM
13 Chief executive may investigate alleged harm . . . . . . . . . . . . . . . . . . . . . . . 18
14 Child's parents to be told about allegation of harm . . . . . . . . . . . . . . . . . . . 19
15 Contact with child in immediate danger . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Child at immediate risk may be taken into custody . . . . . . . . . . . . . . . . . . . 20
2
Children and Families
17 Effect of taking child into custody on existing custody order . . . . . . . . . . . 21
18 Officer's obligations on taking child into custody . . . . . . . . . . . . . . . . . . . . . 21
19 Moving child to safe place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Protection from liability for notification of, or information given
about, alleged harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 2--TEMPORARY ASSESSMENT ORDERS
21 Meaning of "parent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Making of application for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Making of application by phone etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Making and effect of temporary assessment order . . . . . . . . . . . . . . . . . . . . 25
26 Procedure after making order on application by phone etc. . . . . . . . . . . . . . 25
27 Police officers to notify chief executive of certain orders . . . . . . . . . . . . . . 26
28 Duration of temporary assessment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Extension of temporary assessment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Effect of temporary assessment order on existing child protection
orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 3--COURT ASSESSMENT ORDERS
31 Meaning of "parent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Application for court assessment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Registrar to fix time and place for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 28
34 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
35 Respondents to application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 Hearing of application in absence of parents . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Making and effect of court assessment order . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Duration of court assessment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Extension of court assessment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Variation and revocation of court assessment orders . . . . . . . . . . . . . . . . . . 31
PART 4--CHILD PROTECTION ORDERS
41 Meaning of "parent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Application for child protection order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Registrar to fix time and place for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3
Children and Families
45 Respondents to hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46 Hearing of application in absence of parents . . . . . . . . . . . . . . . . . . . . . . . . 32
47 Making and effect of child protection order . . . . . . . . . . . . . . . . . . . . . . . . . 33
48 Requirements for making child protection order . . . . . . . . . . . . . . . . . . . . . . 34
49 Duration of child protection orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
50 Extension of certain child protection orders . . . . . . . . . . . . . . . . . . . . . . . . . 35
51 Variation and revocation of child protection orders . . . . . . . . . . . . . . . . . . . 35
PART 5--ADJOURNMENTS OF PROCEEDINGS AND COURT
ORDERED CONFERENCES
Division 1--Adjournments of proceedings
52 Court may adjourn proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
53 Court's powers to make interim orders on adjournment . . . . . . . . . . . . . . . . 37
54 Court's other powers on adjournment of proceedings for child
protection orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2--Court ordered conferences
55 Registrar to appoint chairperson and convene conference . . . . . . . . . . . . . . 39
56 Attendance of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Communications inadmissible in evidence . . . . . . . . . . . . . . . . . . . . . . . . . . 39
58 Report of conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 6--OBLIGATIONS AND RIGHTS UNDER ORDERS
59 Explanation of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
60 Chief executive's obligations under orders (other than orders
granting long-term custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
61 Chief executive's additional obligations under assessment orders . . . . . . . 41
62 Obligations of child's parents, and powers of authorised officers,
under orders for supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
63 Chief executive's powers in relation to orders for supervision . . . . . . . . . . . 42
64 Obligations of family members to department under custody orders . . . . . . 42
65 Obligations of family members and other persons to child's parents . . . . . 43
66 Obligations of chief executive under all custody orders . . . . . . . . . . . . . . . . 43
67 Chief executive's obligations about placing child in care . . . . . . . . . . . . . . 45
68 Additional obligations of chief executive for Aboriginal and
Torres Strait Islander children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
69 Agreements to provide care for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
4
Children and Families
70 Management of child's property by public trustee . . . . . . . . . . . . . . . . . . . . 46
71 Audit of trust by public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 7--GENERAL
72 Report about person's criminal history etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 47
73 Family meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
74 Carrying out medical examinations etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
75 Carrying out social assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
76 Chief executive's custody of child continues pending hearing of
application for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
CHAPTER 3--CHILDRENS COURT PROCEEDINGS
PART 1--JURISDICTION
77 Court's jurisdiction when constituted by judge . . . . . . . . . . . . . . . . . . . . . . . 50
78 Court's jurisdiction when constituted by magistrate . . . . . . . . . . . . . . . . . . . 51
79 Court's jurisdiction when constituted by justices . . . . . . . . . . . . . . . . . . . . . 51
80 Court's jurisdiction unaffected by pending criminal proceeding . . . . . . . . . 51
PART 2--PROCEDURAL PROVISIONS
Division 1--Court's procedures
81 Court's paramount consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
82 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
83 Expert help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Right of appearance and representation at hearing
84 Right of appearance and representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
85 Legal representation of child's parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
86 Child cannot be compelled to give evidence . . . . . . . . . . . . . . . . . . . . . . . . 53
87 Court may hear submissions from non-parties to proceeding . . . . . . . . . . . . 53
Division 4--General
88 Transfer of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
89 Hearing of applications together . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
90 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
PART 3--COURT APPEALS
91 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
92 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
93 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5
Children and Families
94 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 Powers of appellate court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
CHAPTER 4--INTERSTATE TRANSFERS OF GUARDIANSHIP
AND CUSTODY OF CHILDREN
96 Meaning of "parent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
97 Transfers from other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
98 Restriction on making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
99 Notice of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
100 Transfer to other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
CHAPTER 5--REGULATION OF CARE
PART 1--STANDARDS OF CARE
101 Statement of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 2--LICENSING OF CARE SERVICES AND APPROVAL
OF CARE PROVIDERS
Division 1--Preliminary
102 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2--Licensing of care services
103 Individuals cannot hold licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
104 Application for, or renewal of, licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
105 Restrictions on granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
106 Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
107 Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
108 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
109 Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3--Approval of care providers
110 Only individuals may hold certificates of approval . . . . . . . . . . . . . . . . . . . 63
111 Application for approval or renewal of approval . . . . . . . . . . . . . . . . . . . . . . 63
112 Restrictions on granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
113 Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
114 Duration of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
115 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 4--Amendment, suspension and cancellation of authorities
116 Amendment of authority on application of holder . . . . . . . . . . . . . . . . . . . . . 64
6
Children and Families
117 Amendment of authority by approving entity . . . . . . . . . . . . . . . . . . . . . . . . 65
118 Authority may be suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
119 Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
120 Amendment, suspension and cancellation of authorities . . . . . . . . . . . . . . . 68
Division 5--General
121 Inquiries about certain persons' suitability . . . . . . . . . . . . . . . . . . . . . . . . . . 69
122 Failure to decide applications taken to be refusal . . . . . . . . . . . . . . . . . . . . 70
123 Offence to contravene condition of licence or approval . . . . . . . . . . . . . . . . 70
124 Authorised officer may require production of licence, approval etc. . . . . . . 71
125 Authorised officer may enter and inspect licensed premises . . . . . . . . . . . . 71
CHAPTER 6--ADMINISTRATION
PART 1--AUTHORISED OFFICERS
126 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
127 Limitation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
128 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
129 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
130 Production of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
131 Authorised officer to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 73
132 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 2--GENERAL
133 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
134 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
135 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
136 Maintenance allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
CHAPTER 7--ENFORCEMENT AND LEGAL PROCEEDINGS
PART 1--OFFENCES
137 Obstruction of authorised officer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
138 Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
139 Offence to remove child from custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
140 Offence to refuse contact with child in custody . . . . . . . . . . . . . . . . . . . . . . 76
141 Offence for person to take child out of State . . . . . . . . . . . . . . . . . . . . . . . . . 77
142 Offence not to comply with certain orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
7
Children and Families
PART 2--WARRANT OF APPREHENSION FOR CHILD
143 Application for warrant of apprehension for child . . . . . . . . . . . . . . . . . . . . . 77
144 Making of application by phone etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
145 Issue and effect of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
146 Procedure after issuing warrant on application by phone etc. . . . . . . . . . . . 79
PART 3--POWERS OF AUTHORISED OFFICERS AND POLICE
OFFICERS
Division 1--Powers of police officers for certain offences
147 Police officers power of arrest etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 2--Powers of authorised officers and police officers
Subdivision 1--Preliminary
148 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Subdivision 2--Power of seizure of authorised officers and police
officers
149 Power of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
150 Procedure after seizure of thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
151 Forfeiture of seized thing on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
152 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Subdivision 3--Other powers of authorised officers and police
officers on entry
153 Power to photograph . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
PART 4--EVIDENCE
154 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
155 Evidence about temporary assessment orders and warrants for
apprehension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 5--CONFIDENTIALITY
Division 1--Preliminary
156 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 2--Confidentiality in relation to administration of Act
157 Confidentiality of notifiers of harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
158 Confidentiality of information obtained by persons involved in
administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
159 Confidentiality of information given by persons involved in
administration of Act to other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
8
Children and Families
160 Prohibition of publication of information leading to identity of
children subject to this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 3--Confidentiality in relation to proceedings
161 Production of department's records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
162 Refusal of disclosure of certain information during proceeding . . . . . . . . . . 89
163 Prohibition of publication of certain information for proceedings . . . . . . . . 90
164 Restrictions on reporting certain court proceedings . . . . . . . . . . . . . . . . . . . 91
Division 4--General
165 Release of information by health service employees . . . . . . . . . . . . . . . . . . 92
PART 6--GENERAL
166 Compliance with provisions about service of documents etc. . . . . . . . . . . . 92
167 Exercise of powers and compliance with obligations by others . . . . . . . . . . 93
168 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
CHAPTER 8--MISCELLANEOUS
169 Appeals against appealable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
170 Regulation-making powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
171 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
CHAPTER 9--REPEALS AND AMENDMENTS, SAVINGS AND
TRANSITIONAL PROVISIONS
PART 1--REPEALS AND AMENDMENTS
172 Repeal of Children's Services Act 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
173 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
PART 2--SAVINGS AND TRANSITIONAL PROVISIONS
174 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
175 Existing section 47 declarations and care and protection orders . . . . . . . . . 96
176 Existing supervision orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
177 Existing section 134 declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
178 Licensed institutions under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
179 Approved foster parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
180 Existing applications and proceedings for care and protection orders . . . . . 98
181 Applications to revoke or substitute certain orders under repealed Act . . . 99
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 100
APPEALABLE DECISIONS AND AGGRIEVED PERSONS
9
Children and Families
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 102
AMENDMENT OF ACTS
ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
CHILD CARE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
CHILDREN'S COMMISSIONER AND CHILDREN'S SERVICES
APPEALS TRIBUNALS ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
CHILDRENS COURT ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
COMMONWEALTH POWERS (FAMILY LAW--CHILDREN)
ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . 108
CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 . . . . . . . . . . . . . . . 108
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
FAMILY SERVICES ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 111
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
MAINTENANCE ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES
ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
SUCCESSION ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
YOUNG OFFENDERS (INTERSTATE TRANSFER) ACT 1987 . . . . . . 114
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 116
DICTIONARY
1997
A BILL
FOR
An Act about the protection of children and the role of families in
their protection, and for other purposes
s1 12 s3
Children and Families
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
PART 1--INTRODUCTION 3
title 4
Short
1. This Act may be cited as the Children and Families Act 1997. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
dictionary 8
Definitions--the
3.(1) The dictionary in schedule 3 defines particular words used in this 9
Act.1 10
(2) Key terms used in this Act are defined in part 3, division 1. 11
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule. The schedule forms part of the Act--see Acts Interpretation Act 1954,
section 14(4).
Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition applying only to the section, or
a part of the section, it is generally not signposted by an entry in the dictionary
and is generally set out in the last subsection of the section.
Signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the definitions can be found. For
example, the definition ` "harm" see section 9.', tells the reader there is a
definition of harm in the section.
s4 13 s5
Children and Families
PART 2--PURPOSE AND ADMINISTRATION OF 1
ACT 2
of Act 3
Purpose
4. The purpose of this Act is to provide for the protection of children 4
while at the same time recognising the role of families in the care and 5
upbringing of their children. 6
of Act 7
Administration
5.(1) This Act is to be administered in accordance with the following 8
guiding principles-- 9
(a) every child has a right to protection from harm; 10
(b) the welfare and best interests of a child are paramount; 11
(c) families have the primary responsibility for the upbringing, 12
protection and development of their children; 13
(d) the preferred way of ensuring a child's wellbeing is through the 14
support of the child's family; 15
(e) powers conferred under this Act should be exercised in a way that 16
is open, fair and respects the rights of people affected by their 17
exercise, and, in particular, in a way that ensures-- 18
(i) actions taken, while in the best interests of the child, 19
maintain family relationships and are supportive of 20
individual rights and ethnic, religious and cultural identity or 21
values; and 22
(ii) the views of the child and the child's family are considered; 23
and 24
(iii) the child and the child's parents have the opportunity to take 25
part in making the decisions affecting their lives; 26
(f) if a child does not have a parent able and willing to protect the 27
child--the State has a responsibility to protect the child, but in 28
protecting the child the State must not take action that is 29
unwarranted in the circumstances; 30
s6 14 s6
Children and Families
(g) if a child is removed from the child's family-- 1
(i) authorised officers' work with the child and the child's 2
family will aim to safely return the child home if possible; 3
and 4
(ii) the child's need to maintain family and social contacts, and 5
ethnic and cultural identity, must be taken into account; 6
(h) if a child is able to form and express views about his or her 7
care--the views must be given serious consideration, taking into 8
account the child's age and ability to understand; 9
(i) if a child does not have a parent able and willing to give the child 10
ongoing protection--the child has a right to long-term alternative 11
care. 12
about Aboriginal and Torres Strait Islander children 13
Provisions
6.(1) A decision of the chief executive or an authorised officer under this 14
Act in relation to an Aboriginal child or a Torres Strait Islander child must 15
be made only after consultation with the recognised Aboriginal or Torres 16
Strait Islander agency for the child. 17
(2) However, if consultation is not practicable before making the decision 18
because the agency is not available for consultation or urgent action is 19
required to protect the child, the chief executive or an authorised officer 20
must consult with the agency promptly after making the decision. 21
(3) If the chief executive, an authorised officer or the Childrens Court 22
exercises a power under this Act in relation to an Aboriginal or Torres Strait 23
Islander child, the chief executive, officer or court must have regard to-- 24
(a) the views of the recognised Aboriginal or Torres Strait Islander 25
agency for the child and about Aboriginal traditions and Island 26
custom relating to the child2; and 27
(b) if consultation is not practicable--the views of members of the 28
community to whom the child belongs; and 29
(c) the general principle that an Aboriginal or Torres Strait Islander 30
2 The Acts Interpretation Act 1954, section 36, contains definitions of Aboriginal
tradition and Island custom.
s7 15 s7
Children and Families
child should be cared for within an Aboriginal or Torres Strait 1
Islander community. 2
(4) As far as is reasonably practicable, an authorised person must try to 3
conduct consultations, negotiations, family meetings and other proceedings 4
involving an Aboriginal person or Torres Strait Islander (whether a child or 5
not) in a way and in a place that is appropriate to Aboriginal tradition or 6
Island custom. 7
executive's functions 8
Chief
7.(1) For the proper and efficient administration of this Act, the chief 9
executive's functions are-- 10
(a) providing, or helping provide, information for parents and other 11
members of the community in relation to the development of 12
children and their safety needs; and 13
(b) providing, or helping provide, preventative and support services 14
to strengthen and support families and to reduce the incidence of 15
harm to children; and 16
(c) providing, or helping provide, services to families to protect their 17
children if a risk of harm has been identified; and 18
(d) providing, or helping provide, services for the protection of 19
children and responding to allegations of harm to children; and 20
(e) helping Aboriginal and Torres Strait Islander communities to 21
establish programs for preventing or reducing incidences of harm 22
to children in the communities; and 23
(f) promoting a partnership between the State, local government, 24
non-government agencies and families in taking responsibility 25
for, and dealing with the problem of, harm to children; and 26
(g) promoting and helping in developing coordinated responses to 27
allegations of harm to children; and 28
(h) promoting and helping in coordinating responses to allegations of 29
harm to children and responses to domestic violence; and 30
(i) providing, or helping provide, public education about child abuse 31
and neglect and to encourage people whose occupation involves 32
s8 16 s9
Children and Families
responsibility for children and members of the public to report 1
suspected child abuse and neglect to the chief executive; and 2
(j) collecting and publishing, or helping collect and publish, 3
information and statistics about harm to children; and 4
(k) promoting research into the causes and effect of harm to children; 5
and 6
(l) encouraging tertiary institutions to provide instruction about harm 7
to children and its prevention and treatment; and 8
(m) consulting with recognised Aboriginal and Torres Strait Islander 9
agencies about the administration of this Act in relation to 10
Aboriginal and Torres Strait Islander children. 11
(2) Also, the chief executive must cooperate with the children's 12
commissioner in the commissioner's assessment or investigation of 13
complaints under the Children's Commissioner and Children's Services 14
Appeals Tribunals Act 1996. 15
ART 3--BASIC CONCEPTS 16
P
Division 1--Key terms 17
is a "child" 18
Who
8. A "child" is an individual under 18 years. 19
is "harm" 20
What
9.(1) "Harm", to a child, is any detrimental effect of a physical, 21
psychological or emotional nature on the child's wellbeing. 22
(2) It is immaterial how the harm is caused. 23
(3) Harm can be caused by-- 24
s 10 17 s 12
Children and Families
(a) physical, psychological or emotional abuse or neglect; or 1
(b) sexual abuse or exploitation. 2
is a "child in need of protection" 3
Who
10. A "child in need of protection" is a child who-- 4
(a) has suffered harm, is suffering harm, or is at unacceptable risk of 5
suffering harm; and 6
(b) does not have a parent able and willing to protect the child from 7
the harm. 8
is a parent 9
Who
11.(1) A "parent" of a child is the child's mother, father, guardian or 10
someone else (other than the chief executive) having parental responsibility 11
for the child. 12
(2) However, a person standing in the place of a parent of a child on a 13
temporary basis is not a parent of the child. 14
(3) A parent of an Aboriginal child also includes a person who, under 15
Aboriginal tradition, is regarded as a parent of the child. 16
(4) A parent of a Torres Strait Islander child also includes a person who, 17
under Island custom, is regarded as a parent of the child. 18
(5) A reference in this Act to the parents of a child or to 1 of the parents 19
of a child is, if the child has only 1 parent, a reference to the parent.3 20
2--Custody 21
Division
is effect of custody 22
What
12.(1) If an authorised officer or police officer takes a child into the chief 23
3 In some provisions, "parent" has a narrower meaning. The same meaning is
given the term in chapter 2, part 2 (see section 21), chapter 2, part 3 (see
section 31), chapter 2, part 4 (see section 41) and chapter 4 (see section 96).
s 13 18 s 13
Children and Families
executive's custody4, the chief executive has-- 1
(a) the right to have the child's daily care; and 2
(b) the right and responsibility to make decisions about the child's 3
daily care. 4
(2) If the chief executive or someone else is granted custody of a child 5
under an assessment order or child protection order, the chief executive or 6
other person has-- 7
(a) the right to have the child's daily care; and 8
(b) the right and responsibility to make decisions about the child's 9
daily care; and 10
(c) all the powers, rights and responsibilities in relation to the child 11
that would otherwise have been vested in the child's guardian. 12
CHAPTER 2--PROTECTION OF CHILDREN 13
ART 1--CHILDREN AT RISK OF HARM 14
P
executive may investigate alleged harm 15
Chief
13.(1) If the chief executive becomes aware (whether because of 16
notification given to the chief executive5or otherwise) of alleged harm or 17
alleged risk of harm to a child, the chief executive must promptly-- 18
(a) have an authorised officer investigate the allegation and assess the 19
child's need of protection; or 20
(b) take other action the chief executive considers appropriate. 21
4 Under section 16 a child at immediate risk of harm may be taken into custody.
5 Section 20 provides for protection from civil liability for persons, who, acting
honestly, notify or give information about suspected harm to a child.
s 14 19 s 15
Children and Families
(2) If the chief executive reasonably believes alleged harm may have 1
involved the commission of a criminal offence relating to the child, the chief 2
executive must promptly give details of the alleged harm to the 3
commissioner of the police service. 4
parents to be told about allegation of harm 5
Child's
14.(1) An authorised officer or police officer who is investigating an 6
allegation about harm, or risk of harm, to a child, or assessing the child's 7
need of protection because of the allegation must give details of the alleged 8
harm or risk of harm to at least 1 of the child's parents. 9
(2) However, the officer need only comply with subsection (1) to the 10
extent the officer considers is reasonable and appropriate in particular 11
circumstances if the officer reasonably believes-- 12
(a) someone may be charged with a criminal offence for the harm to 13
the child and the officer's compliance with the subsection may 14
jeopardise an investigation into the offence; or 15
(b) compliance with the subsection may expose the child to harm. 16
with child in immediate danger 17
Contact
15.(1) This section applies if-- 18
(a) an authorised officer or police officer is investigating an allegation 19
about harm, or risk of harm, to a child; and 20
(b) the officer has been denied contact with the child or cannot 21
reasonably gain entry to the place where the officer reasonably 22
believes the child is; and 23
(c) the officer reasonably suspects the child-- 24
(i) is in immediate danger; or 25
(ii) is likely to leave or be taken from the place and suffer harm 26
if the officer does not take immediate action. 27
(2) The officer may exercise the following powers-- 28
(a) enter the place; 29
(b) search the place to find the child; 30
s 16 20 s 16
Children and Families
(c) remain in the place, and have contact with the child, for as long as 1
the officer considers necessary for investigating the allegation. 2
(3) The officer may exercise a power under subsection (2) with the help, 3
and using the force, that is reasonable in the circumstances. 4
at immediate risk may be taken into custody 5
Child
16.(1) This section applies if-- 6
(a) an authorised officer or police officer is investigating an allegation 7
about harm, or risk of harm, to a child; and 8
(b) the officer reasonably believes the child is at risk of harm and the 9
child is likely to suffer harm if the officer does not take 10
immediate action. 11
(2) The officer may take the child into the chief executive's custody. 12
(3) For subsection (2), the officer may enter the place where the officer 13
reasonably believes the child is and search the place to find the child. 14
(4) On taking the child into the chief executive's custody, the officer may 15
arrange reasonable medical examination of, or treatment for, the child. 16
(5) The officer may exercise a power under subsection (2) or (3) with the 17
help, and using the force, that is reasonable in the circumstances. 18
(6) If the officer takes the child into the chief executive's custody, the 19
chief executive's custody under this section ends on whichever is the earlier 20
of the following to happen-- 21
(a) 24 hours elapses after the child is taken into custody; or 22
(b) the child is returned to the place from which the child was taken 23
under subsection (2); 24
(c) the child is returned to the custody of the child's parents; 25
(d) the child is taken to a safe place to which the child reasonably 26
asks to be taken; 27
(e) the making of a temporary assessment order for the child; 28
(f) if an application for a court assessment order or child protection 29
order is made for the child--the adjournment of the proceeding 30
s 17 21 s 19
Children and Families
for the application or, if the proceeding is not adjourned, the 1
making of a decision on the application. 2
of taking child into custody on existing custody order 3
Effect
17.(1) This section applies if-- 4
(a) an authorised officer or police officer takes a child into the chief 5
executive's custody; and 6
(b) a child protection order granting custody of the child to someone 7
other than the chief executive is in force. 8
(2) The order, so far as it relates to the child's custody, ceases to have 9
effect while the chief executive's custody of the child continues. 10
obligations on taking child into custody 11
Officer's
18.(1) If an authorised officer or police officer takes a child into the chief 12
executive's custody, the officer must, as soon as practicable-- 13
(a) take reasonable steps to tell at least 1 of the child's parents-- 14
(i) that the child has been taken into custody and the reasons for 15
the action; and 16
(ii) when the chief executive's custody ends under section 16(6); 17
and 18
(b) tell the child about his or her being taken into the chief executive's 19
custody; and 20
(c) tell the chief executive the child has been taken into the chief 21
executive's custody and where the child has been taken. 22
(2) Subsection (1) does not require the officer to tell the child's parents in 23
whose care the child has been placed. 24
child to safe place 25
Moving
19.(1) This section applies if-- 26
(a) an authorised officer or police officer reasonably suspects a child 27
is at risk of harm but does not consider it necessary to take the 28
s 20 22 s 20
Children and Families
child into the chief executive's custody to ensure the child's 1
protection; and 2
(b) a parent or other adult member of the child's family is not present 3
at the place where the child is, and, after reasonable inquiries, the 4
officer cannot contact a parent or member of the child's family. 5
(2) The officer may, with the help that is reasonable in the circumstances, 6
move the child to a safe place. 7
(3) As soon as practicable after moving the child, the officer must take 8
reasonable steps to tell at least 1 of the child's parents or a family member 9
of the child's whereabouts. 10
(4) The child may be cared for at the place until the child's parents or 11
family members resume or assume the child's care. 12
(5) The moving of the child does not-- 13
(a) prevent the child's parents or family members resuming or 14
assuming care of the child; or 15
(b) affect existing parental rights for the child. 16
(6) This section does not apply if, because of a child's age and ability to 17
understand, the child is capable of consenting to be moved. 18
from liability for notification of, or information given 19
Protection
about, alleged harm 20
20.(1) This section applies if a person, acting honestly-- 21
(a) notifies the chief executive or another officer of the department 22
that the person suspects a child has been, is being or is likely to 23
be, harmed; or 24
(b) gives the chief executive, an authorised officer or police officer 25
information about alleged harm to a child. 26
(2) The person does not incur civil liability for giving the notification or 27
information. 28
(3) Also, the person cannot be held to have breached any code of 29
professional etiquette or ethics or to have departed from accepted standards 30
of professional conduct merely because of the giving of the notification or 31
information. 32
s 21 23 s 23
Children and Families
ART 2--TEMPORARY ASSESSMENT ORDERS 1
P
of "parent" 2
Meaning
21. In this part-- 3
"parent", of a child, means the child's guardian, and if the child is in a 4
person's custody under this Act, includes anyone else who would be 5
the child's guardian if the person did not have custody of the child. 6
of application for order 7
Making
22.(1) An authorised officer or police officer may apply to a magistrate 8
for an order under this part (a "temporary assessment order") for a child. 9
(3) The application must-- 10
(a) be sworn; and 11
(b) state the grounds on which it is made; and 12
(c) indicate the nature of the order sought; and 13
(d) if taking the child into, or keeping the child in, the chief 14
executive's custody is sought--the proposed arrangements for 15
the child's care. 16
(4) The magistrate may refuse to consider the application until the 17
applicant gives the magistrate all the information the magistrate requires 18
about the application in the way the magistrate requires. 19
20
Example--
21
The magistrate may require additional information supporting the application be
22
given by statutory declaration.
of application by phone etc. 23
Making
23.(1) An application for a temporary assessment order may be made by 24
phone, fax, radio or another form of communication. 25
(2) Before applying for an order under this section, the person making 26
the application must complete a written application for the order. 27
(3) The authorised officer or police officer may apply for the order before 28
s 24 24 s 24
Children and Families
the application is sworn. 1
(4) The magistrate to whom the application is made may presume-- 2
(a) the applicant is entitled to make the application; and 3
(b) the applicant has properly completed a written application for the 4
order. 5
application 6
Deciding
24.(1) A magistrate may decide an application for a temporary 7
assessment order without hearing the child's parents. 8
(2) The magistrate may make a temporary assessment order for the child 9
only if the magistrate is satisfied-- 10
(a) an investigation is necessary to assess whether the child is a child 11
in need of protection; and 12
(b) the investigation cannot be properly carried out unless the order is 13
made. 14
(3) However, in deciding the application, the magistrate must also be 15
satisfied-- 16
(a) reasonable steps have been taken to obtain the consent of the 17
child's parents to the doing of the things sought to be authorised 18
under the order or it is not practicable to take steps to obtain the 19
consent; or 20
(b) the following subparagraphs apply-- 21
(i) the child is at a school, child care centre or another place 22
occupied by a person standing in the place of the child's 23
parents; and 24
(ii) an authorised officer or police officer has been denied 25
contact with the child; and 26
(iii) it is in the best interests of the child that the officer has 27
contact with the child before the child's parents are told 28
about the investigation. 29
s 25 25 s 26
Children and Families
and effect of temporary assessment order 1
Making
25.(1) The magistrate may make a temporary assessment order for the 2
child that provides for any 1 or more of the following the magistrate 3
considers to be appropriate in the circumstances-- 4
(a) authorising an authorised officer or police officer-- 5
(i) to have contact with the child; and 6
(ii) if the magistrate is satisfied it is necessary to provide interim 7
protection for the child while the investigation is carried 8
out--to take the child into, or keep the child in, the chief 9
executive's custody while the order is in force; 10
(b) authorising the child's medical examination or treatment; 11
(c) directing a parent not to have contact (direct or indirect)-- 12
(i) with the child; or 13
(ii) with the child other than when a stated person or a person of 14
a stated category is present. 15
(2) Also, the order may be made subject to the reasonable conditions the 16
magistrate considers appropriate. 17
(3) If the magistrate is satisfied entry to a place is likely to be refused or it 18
is otherwise justified in particular circumstances, including, for example, 19
because the child's whereabouts are not known, the order may also 20
authorise an authorised officer or police officer to enter and search any place 21
the officer reasonably believes the child is, to find the child. 22
(4) On entering a place, an authorised officer or police officer may 23
remain in the place for as long as the officer considers necessary for 24
exercising the officer's powers under this section. 25
(5) An authorised officer or police officer may exercise powers under the 26
order with the help, and using the force, that is reasonable in the 27
circumstances. 28
after making order on application by phone etc. 29
Procedure
26.(1) This section applies if the temporary assessment order is made on 30
application made under section 23. 31
s 27 26 s 28
Children and Families
(2) After making the order, the magistrate must immediately fax a copy 1
of it to the applicant if it is reasonably practicable to fax the copy. 2
(3) If it is not reasonably practicable to fax a copy of the order to the 3
applicant-- 4
(a) the magistrate must-- 5
(i) tell the applicant what the terms of the order are; and 6
(ii) tell the applicant the date and time the order was signed; and 7
(b) the applicant must write on a form of order ("order form")-- 8
(i) the magistrate's name; and 9
(ii) the date and time the magistrate signed the order; and 10
(iii) the order's terms. 11
(4) The facsimile order, or the order form properly completed by the 12
applicant, authorises the exercise of powers under the order made by the 13
magistrate. 14
(5) The applicant must, at the first reasonable opportunity, send to the 15
magistrate-- 16
(a) the sworn application; and 17
(b) if the applicant completed an order form--the completed order 18
form. 19
(6) On receiving the documents, the magistrate must attach them to the 20
order. 21
officers to notify chief executive of certain orders 22
Police
27. If a temporary assessment order is made on the application of a 23
police officer, the officer must promptly give copies of the application and 24
order to the chief executive. 25
of temporary assessment orders 26
Duration
28.(1) A temporary assessment order must state the time when it ends. 27
(2) The stated time must not be more than 3 days after the day the order 28
is made. 29
s 29 27 s 31
Children and Families
(3) The order ends at the stated time unless it is extended. 1
(4) Regardless of subsections (1) to (3), the order ends when the child 2
turns 18 years. 3
of temporary assessment orders 4
Extension
29.(1) An authorised officer or police officer may apply to a magistrate 5
for an order to extend the term of a temporary assessment order for a child. 6
(2) The application must be made before the order ends. 7
(3) This part applies, with all necessary changes, to the application as if it 8
were an application for a temporary assessment order. 9
(4) The magistrate may, by order, extend the order until the end of the 10
next business day after it would have otherwise ended if the magistrate is 11
satisfied-- 12
(a) the order has not ended; and 13
(b) the officer intends to apply for a court assessment order or child 14
protection order for the child before the order ends. 15
(5) A temporary assessment order may not be extended more than once. 16
of temporary assessment order on existing child protection 17
Effect
orders 18
30. If a temporary assessment order is made for a child for whom a child 19
protection order is already in force, the temporary assessment order prevails 20
to the extent of any inconsistency between the orders. 21
ART 3--COURT ASSESSMENT ORDERS 22
P
of "parent" 23
Meaning
31. In this part-- 24
"parent", of a child, means the child's guardian, and if the child is in a 25
s 32 28 s 34
Children and Families
person's custody under this Act, includes anyone else who would be 1
the child's guardian if the person did not have custody of the child. 2
for court assessment order 3
Application
32.(1) An authorised officer or police officer may apply to the Childrens 4
Court for an order under this part (a "court assessment order") for a child. 5
(2) The application is made by-- 6
(a) filing written notice with the registrar of the court; and 7
(b) complying with applicable rules of court. 8
(3) The application must-- 9
(a) be sworn; and 10
(b) state the grounds on which it is made; and 11
(c) indicate the nature of the order sought. 12
to fix time and place for hearing 13
Registrar
33. On the making of the application, the registrar of the Childrens Court 14
must immediately fix a time and place for hearing the application having 15
regard to the principle that it is in the best interests of the child for the 16
application to be heard as soon as possible. 17
of application 18
Notice
34.(1) As soon as practicable after the application is filed, the applicant 19
must-- 20
(a) personally serve a copy of it on each of the child's parents; and 21
(b) tell the child about the application. 22
(2) However, if it is not practicable to serve the copy personally a copy of 23
the application may be served on a parent by leaving it at, or by sending it 24
by post to, the parent's residential address last known to the applicant. 25
(3) The copy of the application must be accompanied by a notice 26
stating-- 27
s 35 29 s 37
Children and Families
(a) when and where the application is to be heard; and 1
(b) the application may be heard and decided even though the parent 2
does not appear in court. 3
to application 4
Respondents
35. The child and the child's parents are respondents to the application. 5
of application in absence of parents 6
Hearing
36. The Childrens Court may hear and decide the application in the 7
absence of the child's parents only if-- 8
(a) the parents have been given reasonable notice of the hearing; or 9
(b) it is satisfied it was not practicable to give the parents notice of the 10
hearing. 11
and effect of court assessment order 12
Making
37.(1) The Childrens Court may make a court assessment order only if 13
the court is satisfied an investigation is necessary to assess whether the child 14
is a child in need of protection and the investigation cannot be properly 15
carried out unless the order is made. 16
(2) The order may provide for any 1 or more of the following the court 17
considers to be appropriate in the circumstances-- 18
(a) authorising an authorised officer or police officer to have contact 19
with the child; 20
(b) authorising the medical examination, assessment or treatment of 21
the child; 22
(c) if the court is satisfied it is necessary to provide interim protection 23
for the child while the investigation is carried out--granting 24
temporary custody of the child to the chief executive; 25
(d) making provision about the child's contact with the child's family 26
during the chief executive's custody of the child; 27
(e) directing a parent not to have contact (direct or indirect)-- 28
s 38 30 s 38
Children and Families
(i) with the child; or 1
(ii) with the child other than when a stated person or a person of 2
a stated category is present. 3
(3) Also, the order may be made subject to the reasonable conditions the 4
court considers appropriate. 5
(4) In addition, the order may also authorise an authorised officer or 6
police officer to enter any place the officer reasonably believes the child is, 7
to find the child, if the court is satisfied-- 8
(a) entry to a place has been, or is likely to be, refused, or it is 9
otherwise justified in particular circumstances; and 10
(b) the entry is necessary for the effective enforcement of the order. 11
(5) On entering a place, an authorised officer or police officer may 12
remain in the place for as long as the officer considers necessary for 13
exercising the officer's powers under this section. 14
(6) An authorised officer or police officer may exercise the officer's 15
powers under the order with the help, and using the force, that is reasonable 16
in the circumstances. 17
of court assessment orders 18
Duration
38.(1) A court assessment order for a child must state the time when it 19
ends. 20
(2) The stated time must not be more than 12 weeks after the day the 21
hearing of the application for the order is first brought before the court.6 22
(3) The order ends at the stated time unless it is extended or earlier 23
revoked. 24
(4) Regardless of subsections (1) to (3), the order ends when the child 25
turns 18 years. 26
6 Under section 33, the registrar fixes the time and place for hearing the
application.
s 39 31 s 42
Children and Families
of court assessment orders 1
Extension
39.(1) An authorised officer may apply to the Childrens Court for an 2
order to extend the term of a court assessment order. 3
(2) The application must be made before the order ends. 4
(3) This part applies, with all necessary changes, to the application as if it 5
were an application for a court assessment order. 6
(4) However, the court must not extend a court assessment order to a 7
date that is more than 12 weeks after it was made. 8
(5) Also, a court assessment order may not be extended more than once. 9
and revocation of court assessment orders 10
Variation
40.(1) An authorised officer may apply to the Childrens Court for an 11
order to vary or revoke a court assessment order. 12
(2) This part applies, with all necessary changes, to the application as if it 13
were an application for a court assessment order. 14
ART 4--CHILD PROTECTION ORDERS 15
P
of "parent" 16
Meaning
41. In this part-- 17
"parent", of a child, means the child's guardian, and if the child is in a 18
person's custody under this Act, includes anyone else who would be 19
the child's guardian if the person did not have custody of the child. 20
for child protection order 21
Application
42.(1) An authorised officer may apply to the Childrens Court for an 22
order under this part (a "child protection order") for a child. 23
(2) The application is made by-- 24
(a) filing written notice with the registrar of the court; and 25
s 43 32 s 46
Children and Families
(b) complying with applicable rules of court. 1
(3) The application must-- 2
(a) be sworn; and 3
(b) state the grounds on which it is made; and 4
(c) indicate the nature of the order sought. 5
to fix time and place for hearing 6
Registrar
43. On the making of the application, the registrar of the Childrens Court 7
must immediately fix the time and place for hearing the application having 8
regard to the principle that it is in the best interests of the child for the 9
application to be heard as early as possible. 10
of application 11
Notice
44.(1) As soon as practicable after the application is filed, the applicant 12
must-- 13
(a) personally serve a copy of it on each of the child's parents; and 14
(b) tell the child about the application. 15
(2) However, if it is not practicable to serve the copy personally, a copy 16
of the application may be served on a parent by leaving it at, or by sending it 17
by post to, the parent's residential address last known to the applicant. 18
(3) A copy of the application must be accompanied by a notice stating-- 19
(a) when and where the application is to be heard; and 20
(b) the application may be heard and decided even though the parent 21
does not appear in court. 22
to hearing 23
Respondents
45. The child and the child's parents are respondents to the application. 24
of application in absence of parents 25
Hearing
46. The Childrens Court may hear and decide the application in the 26
s 47 33 s 47
Children and Families
absence of the child's parents only if-- 1
(a) the parents have been given reasonable notice of the hearing; or 2
(b) it is satisfied it was not practicable to give the parents notice of the 3
hearing. 4
and effect of child protection order 5
Making
47.(1) The Childrens Court may make a child protection order only if it 6
is satisfied the child is a child in need of protection and the order is 7
appropriate and desirable for the child's protection. 8
(2) Subject to section 48,7 an order may provide for any 1 or more of the 9
following the court considers to be appropriate in the circumstances-- 10
(a) directing a parent of the child, or the child, to do or refrain from 11
doing something directly related to the child's protection; 12
(b) directing a parent not to have contact (direct or indirect)-- 13
(i) with the child; or 14
(ii) with the child other than when a stated person or a person of 15
a stated category is present; 16
(c) requiring the chief executive to supervise the child's protection in 17
relation to the matters stated in the order; 18
(d) granting custody (other than long-term custody) of the child to-- 19
(i) a suitable person who is a member of the child's family 20
(other than a parent); or 21
(ii) the chief executive; or 22
(e) granting long-term custody of the child to-- 23
(i) a suitable person who is a member of the child's family 24
(other than a parent); or 25
(ii) another suitable person (other than a member of the child's 26
family) nominated by the chief executive; or 27
(iii) the chief executive. 28
7 Section 48 (Requirements for making child protection order)
s 48 34 s 48
Children and Families
(3) Also, the order may be made subject to the reasonable conditions the 1
court considers appropriate. 2
for making child protection order 3
Requirements
48.(1) Before making a child protection order, the Childrens Court must 4
be satisfied-- 5
(a) a family meeting has been held or reasonable attempts to hold a 6
family meeting have been made; and 7
(b) if the making of the order has been contested--a conference 8
between the parties has been held or reasonable attempts to hold a 9
conference have been made; and 10
(c) the child's wishes or views (if able to be ascertained) have been 11
made known to the court; and 12
(d) the child's protection is unlikely to be ensured by an order under 13
this part on less intrusive terms. 14
(2) Before granting custody of a child to a person other than the chief 15
executive, the court must have regard to any report given, or 16
recommendation made, to the court by the chief executive about the person, 17
including a report about the person's criminal history, domestic violence 18
history and traffic history.8 19
(3) Also, before making a child protection order granting long-term 20
custody of a child, the court must be satisfied-- 21
(a) there is no parent able and willing to protect the child within the 22
foreseeable future; or 23
(b) the child's need for emotional security will be best met in the 24
long-term by making the order. 25
(4) In addition, the court must not grant long-term custody of a child to a 26
person who is not a member of the child's family unless the child is already 27
in custody under a child protection order. 28
(5) Further, the court must not grant long-term custody of a child to the 29
8 Section 72 deals with reports about the person's criminal history, domestic
violence history and traffic history.
s 49 35 s 51
Children and Families
chief executive if the court can properly grant custody to another suitable 1
person. 2
of child protection orders 3
Duration
49.(1) A child protection order for a child must state the time when it 4
ends. 5
(2) The stated time for the order-- 6
(a) if it grants long-term custody of the child--must be the day 7
before the child turns 18 years; or 8
(b) if it grants custody (other than long-term custody) of the 9
child--must not be more than 2 years after the day it is made; or 10
(c) if it does not grant custody of the child--must not be more than 1 11
year after the day it is made. 12
(3) The order ends at the stated time unless it is extended or earlier 13
revoked. 14
(4) Regardless of subsections (1) to (3), the order ends when the child 15
turns 18. 16
of certain child protection orders 17
Extension
50.(1) An authorised officer may apply to the Childrens Court for an 18
order to extend a child protection order for a child other than an order 19
granting long-term custody of a child. 20
(2) The application must be made before the order ends. 21
(3) This part applies, with all necessary changes, to the application as if it 22
were an application for a child protection order. 23
and revocation of child protection orders 24
Variation
51.(1) An authorised officer or interested person may apply to the 25
Childrens Court for an order to-- 26
(a) vary or revoke a child protection order; or 27
(b) revoke a child protection order and make another child protection 28
s 51 36 s 51
Children and Families
order in its place. 1
(2) However, an interested person can not-- 2
(a) apply for an order to grant long-term custody of a child to replace 3
another child protection order for the child; or 4
(b) without the leave of the court, apply for an order to vary or revoke 5
a child protection order if another application for an order by an 6
interested person to vary or revoke the order has been decided by 7
the court. 8
(3) The court may grant leave only if it is satisfied the interested person 9
has new evidence to give to the court. 10
(4) This part applies, with the changes prescribed in subsection (5) and 11
all necessary changes, to the application as if it were an application for a 12
child protection order. 13
(5) If the application is made by an interested person-- 14
(a) other interested persons and the chief executive become 15
respondents to the proceeding; and 16
(b) immediately after the application is made, the registrar must give 17
written notice to the chief executive of the time and place for 18
hearing the application; and 19
(c) as soon as practicable after receiving the registrar's notice, the 20
chief executive must comply with section 44 except so far as it 21
relates to the applicant. 22
(6) The court may revoke a child protection order only if it is satisfied the 23
order is no longer necessary to protect the child. 24
(7) In this section-- 25
"interested person", for a child, means the child's parents, a person (other 26
than the chief executive) having custody of the child or the child. 27
s 52 37 s 53
Children and Families
PART 5--ADJOURNMENTS OF PROCEEDINGS AND 1
COURT ORDERED CONFERENCES 2
Division 1--Adjournments of proceedings 3
may adjourn proceedings 4
Court
52.(1) The Childrens Court may adjourn a proceeding for a court 5
assessment order or child protection order for a child for a period decided 6
by the court. 7
(2) However, for a court assessment order the total period of 8
adjournments must not be longer than 12 weeks. 9
(3) In deciding the period, the court must take into account the principle 10
that it is in the child's best interests for the application for the order to be 11
decided as soon as possible. 12
(4) The court must state the reasons for the adjournment and may give 13
directions to the parties to the proceeding about the things to be done by 14
them during the adjournment. 15
powers to make interim orders on adjournment 16
Court's
53.(1) On the adjournment of a proceeding for a court assessment order 17
or child protection order, the Childrens Court may make an interim order-- 18
(a) granting temporary custody of the child-- 19
(i) for a court assessment order--to the chief executive; or 20
(ii) for a child protection order--to the chief executive or a 21
suitable person who is a member of the child's family (other 22
than a parent); or 23
(b) directing a parent not to have contact (direct or indirect)-- 24
(i) with the child; or 25
(ii) with the child other than when a stated person or a person of 26
a stated category is present. 27
(2) The order has effect for the period of the adjournment. 28
s 54 38 s 54
Children and Families
other powers on adjournment of proceedings for child 1
Court's
protection orders 2
54.(1) On the adjournment of a proceeding for a child protection order, 3
the Childrens Court may also make 1 or more of the following orders-- 4
(a) an order requiring a written social assessment report about the 5
child and the child's family be prepared and filed in the court; 6
(b) an order authorising the medical examination of the child be 7
carried out and a report of the examination be filed in the court; 8
(c) an order about the child's contact with the child's family during 9
the adjournment; 10
(d) an order requiring an authorised officer to convene a family 11
meeting;9 12
(e) an order that a conference between the parties be held before the 13
proceeding continues to decide the matters in dispute or to try to 14
resolve the matters; 15
(f) an order that the child be separately legally represented. 16
(2) If the court makes an order under subsection (1)(a) or (b), the court 17
must state the particular issues the report must address. 18
(3) Subsection (2) does not limit the issues that may be addressed in the 19
report. 20
(5) For subsection (1)(a) or (b), the order may also authorise an 21
authorised officer to enter and search a stated place, and any other place the 22
officer reasonably believes the child is if the court is satisfied entry to the 23
place has been or is likely to be refused, to find the child. 24
(6) The officer may exercise the officer's powers under the order with 25
the help, and using the force, that is reasonable in the circumstances. 26
9 See section 73 (Family meetings).
s 55 39 s 58
Children and Families
2--Court ordered conferences 1
Division
to appoint chairperson and convene conference 2
Registrar
55.(1) If the Childrens Court orders a conference be held between the 3
parties to a proceeding, the registrar of the court must-- 4
(a) appoint a chairperson for the conference; and 5
(b) convene the conference to be held as soon as practicable after the 6
order is made. 7
(2) The chairperson must have the qualifications or experience prescribed 8
under rules of court made under the Childrens Court Act 1992. 9
of parties 10
Attendance
56.(1) The parties must attend, and may be represented by their legal 11
representatives at, the conference. 12
(2) However, subsection (1) does not require the child to attend the 13
conference. 14
(3) If the child is an Aboriginal or Torres Strait Islander child, a member 15
of the recognised Aboriginal or Torres Strait Islander agency for the child 16
may also attend the conference. 17
(4) However, no one else can attend the conference without the 18
chairperson's approval. 19
inadmissible in evidence 20
Communications
57. Anything said at the conference is inadmissible in a proceeding 21
before any court. 22
of conference 23
Report
58.(1) As soon as practicable after the conference is finished, the 24
chairperson must file in the court a report of the conference containing the 25
particulars prescribed under a regulation. 26
(2) If the report states the parties have reached an agreement in relation to 27
s 59 40 s 59
Children and Families
the application the subject of the proceeding and it is practicable for the 1
application to be heard earlier than the adjournment date, the registrar 2
must-- 3
(a) fix a new time and place for the hearing of the application; and 4
(b) advise the chairperson and the parties accordingly. 5
(3) If the new time and place for the hearing of the application is not the 6
same day the conference finished, the registrar must confirm the advice by 7
written notice. 8
PART 6--OBLIGATIONS AND RIGHTS UNDER 9
ORDERS 10
of orders 11
Explanation
59.(1) Immediately after a temporary assessment order is made for a 12
child, the applicant for the order must-- 13
(a) give a copy of, and explain the terms and effect of, the order to at 14
least 1 of the child's parents; and 15
(b) inform the parent about the parent's right of appeal against the 16
decision to make the order; and 17
(c) tell the child about the order. 18
(2) Also, because of the duration of the order, the applicant must inform 19
the parent that, if the parent wishes to appeal against the order, an appeal 20
should be started immediately.10 21
(3) As soon as practicable after a court assessment order or child 22
protection order for a child is made, the chief executive must give to the 23
parties to the application for the order-- 24
(a) a copy of the order; and 25
10 Under section 28, the duration of a temporary assessment order must be not more
than 3 days.
s 60 41 s 62
Children and Families
(b) a written notice-- 1
(i) explaining the terms and effect of the order; and 2
(ii) stating that a party may appeal against the decision within 3
28 days after the order is made. 4
executive's obligations under orders (other than orders granting 5
Chief
long-term custody) 6
60.(1) If a child protection order is made for a child (other than an order 7
granting long-term custody of the child), the chief executive must take steps 8
to help the child's family meet the child's protection needs. 9
(2) For subsection (1), the chief executive must have regular contact with 10
the child and the child's parents or other appropriate members of the child's 11
family. 12
(3) However, the chief executive is not required to take steps that are not 13
reasonable and practicable. 14
executive's additional obligations under assessment orders 15
Chief
61.(1) If an assessment order is made for a child, the chief executive 16
must give the child's parents written notice of the person in whose care the 17
child is placed and where the child is living. 18
(2) However, the chief executive may decide not to comply with 19
subsection (1) if the chief executive is satisfied compliance with the 20
subsection would constitute a significant risk to the safety of the child or 21
anyone else with whom the child is living. 22
of child's parents, and powers of authorised officers, 23
Obligations
under orders for supervision 24
62.(1) If, under a child protection order for a child, the chief executive is 25
required to supervise the child's protection in relation to matters stated in the 26
order, the child's parents or other person with whom the child is living 27
must-- 28
(a) keep the chief executive informed about where the child is living; 29
and 30
s 63 42 s 64
Children and Families
(b) allow authorised officers to have reasonable contact with the 1
child. 2
(2) For subsection (1)(b), an authorised officer may enter the place where 3
the child is living at any reasonable time to have contact with the child and 4
to inquire about the child's care. 5
(3) The officer may exercise the officer's powers under subsection (2) 6
with the help, and using the force, that is reasonable in the circumstances. 7
executive's powers in relation to orders for supervision 8
Chief
63.(1) This section applies if, under a child protection order for a child, 9
the chief executive is required to supervise the child's protection in relation 10
to matters stated in the order. 11
(2) For giving effect to the order, the chief executive may, by written 12
notice given to a parent of the child, direct the parent or child to do or refrain 13
from doing something specifically relating to the stated matters. 14
(3) The notice must state-- 15
(a) the reasons for the decision; and 16
(b) that the parent or child given the direction may appeal to a tribunal 17
against the decision within 28 days after the person receives the 18
notice. 19
of family members to department under custody orders 20
Obligations
64.(1) If, under a child protection order, a member of a child's family is 21
granted custody (other than long-term custody) of the child, the family 22
member must help the chief executive achieve the child's future protection, 23
including, for example, by taking part in family meetings. 24
(2) The family member must-- 25
(a) keep the chief executive informed about where the child is living; 26
and 27
(b) allow authorised officers to have reasonable contact with the 28
child. 29
s 65 43 s 66
Children and Families
of family members and other persons to child's parents 1
Obligations
65.(1) If, under a child protection order for a child, a member of the 2
child's family or another suitable person is granted custody of the child, the 3
family member or person must-- 4
(a) tell the parents where the child is living; and 5
(b) give them information about the child's care; and 6
(c) provide opportunity for contact between the child and the child's 7
parents and appropriate members of the child's family as often as 8
is appropriate in the circumstances. 9
(2) However, if the Childrens Court is satisfied compliance with 10
subsection (1) would constitute a significant risk to the safety of the child or 11
anyone else with whom the child is living, the court may order that the 12
subsection does not apply to the extent ordered. 13
of chief executive under all custody orders 14
Obligations
66.(1) If, under a child protection order for a child, the chief executive is 15
granted custody of the child, the chief executive must-- 16
(a) give the child's parents written notice of the person in whose care 17
the child is placed and where the child is living; and 18
(b) provide opportunity for contact between the child and the child's 19
parents and appropriate members of the child's family as often as 20
is appropriate in the circumstances; and 21
(c) if the custody is long-term custody of the child-- 22
(i) at least once every 2 years, review the arrangements in place 23
for the child's protection under the order to ensure the 24
arrangements are in the child's best interests; and 25
(ii) provide information about the outcome of the review to the 26
child, the child's parents and the child's carer. 27
(2) However, the chief executive may decide not to comply with 28
subsection (1)(a) if the chief executive is satisfied-- 29
(a) compliance with the subsection would constitute a significant risk 30
to the safety of the child or anyone else with whom the child is 31
living; or 32
s 66 44 s 66
Children and Families
(b) it is not reasonably practicable for the chief executive to comply 1
with the subsection because the child is placed in the person's 2
care for a short term only. 3
(3) If the chief executive decides not to comply with subsection (1)(a) for 4
a parent of the child because compliance with the subsection would 5
constitute a significant risk to the safety of the child or anyone else with 6
whom the child is living, the chief executive must give written notice of the 7
decision to the parent. 8
(4) The chief executive may refuse to allow, or restrict or impose 9
conditions on, contact between the child and the child's parents or members 10
of the child's family, if the chief executive is satisfied it is in the child's best 11
interests to do so or it is not reasonably practicable in the circumstances for 12
the parent or family member to have the contact. 13
(5) If the chief executive refuses to allow, or restricts or imposes 14
conditions on contact between the child and a person, the chief executive 15
must give written notice of the decision to each person affected by the 16
decision. 17
(6) If the chief executive decides to refuse a request by a parent of the 18
child or a member of the child's family for information mentioned in 19
subsection (1)(a) or to have contact with the child, the chief executive must 20
give written notice of the decision to the parent or family member within 28 21
days after the request is made. 22
(7) If, within the 28 days, the chief executive has not granted the request 23
and has failed to give notice of a decision to refuse the request-- 24
(a) the chief executive is taken to have decided to refuse the request; 25
and 26
(b) the parent or family member is taken to have received notice of 27
the refusal at the end of the time. 28
(8) A notice under subsection (3), (5) or (6) must-- 29
(a) be given as soon as practicable after the decision to which it 30
relates is made; and 31
(b) state the reasons for the decision; and 32
(c) state that the person may appeal to a tribunal against the decision 33
within 28 days after the person receives the notice. 34
s 67 45 s 68
Children and Families
executive's obligations about placing child in care 1
Chief
67.(1) This section applies if, under a child protection order for a child, 2
the chief executive is granted custody of the child. 3
(2) In deciding in whose care the child will be placed, the chief executive 4
must give first preference to placing the child with a member of the child's 5
family or another person regarded by the child as a member of the child's 6
family. 7
obligations of chief executive for Aboriginal and Torres 8
Additional
Strait Islander children 9
68.(1) If, under a child protection order for an Aboriginal or a Torres 10
Strait Islander child, the chief executive is granted custody of the child, the 11
chief executive must ensure the recognised Aboriginal or Torres Strait 12
Islander agency for the child is consulted before a decision is made about 13
where or with whom the child will live. 14
(2) However, if because of urgent circumstances it is not practicable to 15
consult the agency before the decision is made, the chief executive must 16
consult with the agency promptly after making the decision. 17
(3) In making a decision about the person in whose care the child should 18
be placed, the chief executive must give proper consideration to placing the 19
child, in order of priority, with-- 20
(a) a member of the child's family; or 21
(b) a member of the child's community or language group; or 22
(c) another Aboriginal person or Torres Strait Islander who is 23
compatible with the child's community or language group; or 24
(d) another Aboriginal person or Torres Strait Islander. 25
(4) Also, the chief executive must give proper consideration to-- 26
(a) the views of the recognised Aboriginal or Torres Strait Islander 27
agency for the child; and 28
(b) ensuring the decision provides for the optimal retention of the 29
child's relationships with parents, siblings and other people of 30
significance under Aboriginal tradition or Island custom. 31
s 69 46 s 70
Children and Families
to provide care for children 1
Agreements
69.(1) If an approved care provider agrees to care for a child in the chief 2
executive's custody, the care provider must enter into a written agreement 3
with the chief executive for the child's care. 4
(2) The agreement must contain terms about-- 5
(a) allowing an authorised officer to have contact with the child at any 6
reasonable time; and 7
(b) allowing an authorised officer to enter, at any reasonable time, the 8
premises where the child is living to make inquiries about the 9
child's care. 10
(3) The agreement must allow for an authorised officer to have contact 11
with the child in the absence of anyone else. 12
of child's property by public trustee 13
Management
70.(1) This section applies if-- 14
(a) under a child protection order for a child, the chief executive is 15
granted custody of the child; and 16
(b) the child has an entitlement to property; and 17
(c) the chief executive has powers and duties in relation to the 18
property; and 19
(d) the chief executive is satisfied it is in the child's best interests for 20
the public trustee to manage the property. 21
(2) The chief executive may give written notice to the public trustee 22
requiring the public trustee to manage the property for the child. 23
(3) On receipt of the notice, the public trustee becomes the manager of 24
the property and has the powers and duties in relation to it under the Public 25
Trustee Act 1978, part 611, as if the child were an incapacitated person. 26
11 Part 6 (Management of estates of incapacitated persons)
s 71 47 s 72
Children and Families
of trust by public trustee 1
Audit
71. This section applies if-- 2
(a) under a child protection order for a child, the chief executive is 3
granted custody of the child; and 4
(b) the child is a beneficiary in a trust. 5
(2) For the Public Trustee Act 1978, section 60,12 the chief executive is a 6
person interested in the trust. 7
PART 7--GENERAL 8
about person's criminal history etc. 9
Report
72.(1) This section applies if the chief executive intends, or is asked or 10
required by the Childrens Court, to give a report, or make a 11
recommendation, to the court about-- 12
(a) a child's parents; or 13
(b) a person being granted custody of a child. 14
(2) If asked by the chief executive, the commissioner of the police 15
service must give the chief executive a written report about the parent's or 16
other person's criminal history, domestic violence history and traffic 17
history. 18
(3) Also, the commissioner of the police service may give the chief 19
executive a written report about evidence obtained by the commissioner of 20
the police service in relation to the commission or alleged commission of an 21
offence by either of the parents or the other person against-- 22
(a) someone else; or 23
(b) a provision of the Drugs Misuse Act 1986; or 24
12 Section 60 (Public Trustee may direct audit of trusts)
s 73 48 s 73
Children and Families
(c) sections 137 to 140.13 1
(4) Subsections (2) and (3) apply to the history or evidence in the 2
commissioner's possession or to which the commissioner has access. 3
meetings 4
Family
73.(1) This section applies if-- 5
(a) the chief executive is satisfied a child is a child in need of 6
protection and action should be taken to ensure the child's 7
protection; or 8
(b) the Childrens Court orders a family meeting be convened. 9
(2) An authorised officer must-- 10
(a) take reasonable steps to convene a family meeting with the child's 11
parents and, if the officer considers it is in the child's best 12
interests, the child and other family members, to provide an 13
opportunity for decisions to be made to ensure, or contribute 14
towards ensuring, the child's protection; and 15
(b) tell the child why the officer considers the child is a child in need 16
of protection; and 17
(c) if the meeting is to be convened under subsection (1)(a)--give the 18
child's parents a written statement of the reasons the chief 19
executive considers the child is a child in need of protection. 20
(3) If the child is an Aboriginal or Torres Strait Islander child, a member 21
of the recognised Aboriginal or Torres Strait Islander agency for the child 22
may also attend the family meeting. 23
(4) The officer must record in writing the decisions made at the meeting 24
about the child's protection and, as soon as practicable after the meeting, 25
give a copy of the record to the child's parents and anyone else the officer 26
considers appropriate. 27
(5) If the family meeting is convened under a court order, the officer 28
must file the record in the court. 29
13 Section 139 (Offence to remove child from custody), section 140 (Offence to
refuse contact with child in custody), section 141 (Offence for person to take
child out of State) and section 142 (Offence not to comply with certain orders)
s 74 49 s 74
Children and Families
out medical examinations etc. 1
Carrying
74.(1) This section applies if-- 2
(a) an authorised officer or police officer-- 3
(i) takes a child into the chief executive's custody; and 4
(ii) seeks medical examination or treatment for the child;14 or 5
(b) an order for a child authorises the child's medical examination, 6
assessment or treatment.15 7
(2) A doctor may medically examine, assess or treat the child. 8
(3) Subsection (2) applies even though the child's parents or person 9
having custody of the child has not consented to the examination, 10
assessment or treatment. 11
(4) However, subsection (2) is subject to the rights the child has in 12
relation to the examination, assessment or treatment. 13
(5) Also, the doctor may only carry out medical treatment that is 14
reasonable in the circumstances. 15
(6) If this section applies under subsection (1)(a), the doctor must give 16
the chief executive or commissioner of the police service a report about the 17
medical examination, assessment or treatment. 18
(7) The doctor is not relieved from liability in relation to the carrying out 19
of the examination, assessment or treatment that the doctor would have 20
been subject to had it been carried out with the consent of the child's parents 21
or person having custody of the child. 22
(8) However, the doctor does not incur civil liability for an act or 23
omission done or omitted to be done honestly and without negligence in 24
carrying out the medical examination, assessment or treatment. 25
14 Under section 16(4), an authorised officer or police officer may arrange for a
child's medical examination or treatment.
15 Under section 25(1)(b) a temporary assessment order may authorise the medical
examination or treatment of the child. Also, under section 37(2)(b) a child
protection order may authorise the medical examination, assessment or
treatment of the child or the child's parents.
s 75 50 s 77
Children and Families
out social assessments 1
Carrying
75.(1) If, on an application for a child protection order, the Childrens 2
Court makes an order requiring a social assessment of the child and the 3
child's family, an appropriately qualified practitioner may carry out the 4
social assessment.16 5
(2) However, the practitioner does not incur civil liability for an act or 6
omission done or omitted to be done honestly and without negligence in 7
carrying out the social assessment. 8
executive's custody of child continues pending hearing of 9
Chief
application for order 10
76. If a child is in the chief executive's custody under an order and before 11
the order ends an application is made for the extension or variation of the 12
order or for another order, the custody continues until the application is 13
heard and decided by the Childrens Court unless the court orders an earlier 14
end to the custody. 15
CHAPTER 3--CHILDRENS COURT 16
PROCEEDINGS 17
PART 1--JURISDICTION 18
jurisdiction when constituted by judge 19
Court's
77.(1) This section applies if the Childrens Court is constituted by a 20
judge. 21
(2) The court has jurisdiction to hear appeals against decisions of the 22
court constituted in another way. 23
16 See section 54(1)(a) (Court's other powers on adjournment of proceedings for
child protection orders).
s 78 51 s 80
Children and Families
jurisdiction when constituted by magistrate 1
Court's
78.(1) This section applies if the Childrens Court is constituted by a 2
magistrate. 3
(2) The court has jurisdiction to decide applications for court assessment 4
and child protection orders. 5
jurisdiction when constituted by justices 6
Court's
79.(1) This section applies if the Childrens Court is constituted by 7
2 justices. 8
(2) The court has jurisdiction to-- 9
(a) decide applications for court assessment orders; and 10
(b) make interim orders on applications for court assessment orders 11
or child protection orders and adjourn the hearing of the 12
applications. 13
(3) Subsection (2) has effect despite the Justices of the Peace and 14
Commissioners for Declaration Act 1991, section 29(3) and (4).17 15
jurisdiction unaffected by pending criminal proceeding 16
Court's
80.(1) The Childrens Court's jurisdiction under this part is not affected 17
merely because a criminal proceeding is pending against-- 18
(a) the child concerned; or 19
(b) a parent of the child; or 20
(c) another party to the proceeding in the court; or 21
(d) anyone else. 22
(2) Subsection (1) applies whether or not the criminal proceeding has 23
arisen out of the same or similar facts as those out of which the proceeding 24
in the court has arisen. 25
17 Section 29 (Powers of justices of the peace and commissioners for declarations)
s 81 52 s 84
Children and Families
PART 2--PROCEDURAL PROVISIONS 1
1--Court's procedures 2
Division
paramount consideration 3
Court's
81. In exercising its jurisdiction or powers under this Act, the Childrens 4
Court must regard the welfare and interests of the child as paramount. 5
6
Evidence
82.(1) In a proceeding under this Act, the Childrens Court is not bound 7
by the rules of evidence, but may inform itself in any way it thinks 8
appropriate. 9
(2) If, on an application for an order, the Childrens Court or a magistrate 10
is to be satisfied of a matter, the court or magistrate need only be satisfied of 11
the matter on the balance of probabilities. 12
help 13
Expert
83.(1) In a proceeding on an application for an order, the Childrens Court 14
may appoint a person having a special knowledge or skill to help the court. 15
(2) The court may act under subsection (1) on the court's own initiative 16
or on the application of a party to the proceeding. 17
2--Right of appearance and representation at hearing 18
Division
of appearance and representation 19
Right
84. In a proceeding on an application for an order for a child, the child, 20
the child's parents and the other parties may appear in person or be 21
represented by an agent appointed in writing. 22
s 85 53 s 87
Children and Families
representation of child's parents 1
Legal
85.(1) If, in a proceeding on an application for an order for a child, a 2
parent of the child appears in the Childrens Court but is not represented by a 3
lawyer, the court may continue with the proceeding only if it is satisfied the 4
parent has had reasonable opportunity to obtain legal representation. 5
(2) Subsection (1) does not prevent the court exercising powers under 6
chapter 2, part 5, division 1.18 7
cannot be compelled to give evidence 8
Child
86.(1) In a proceeding on an application for an order, a child may only be 9
called to give evidence with the leave of the Childrens Court. 10
(2) The court may grant leave only if the child-- 11
(a) is 12 years or more; and 12
(b) is separately represented by a lawyer; and 13
(c) agrees to give evidence. 14
(3) If the child gives evidence, he or she may be cross examined only 15
with the leave of the court. 16
may hear submissions from non-parties to proceeding 17
Court
87.(1) In a proceeding on an application for an order, the Childrens Court 18
may hear submissions from the following persons-- 19
(a) the chief executive; 20
(b) a member of the child's family; 21
(c) anyone else the court considers is able to inform it on any matter 22
relevant to the proceeding. 23
(2) A submission may be made by a person's lawyer. 24
18 Chapter 2 (Protection of children), part 5 (Adjournments of proceedings and
court ordered conferences), division 1 (Adjournments of proceedings)
s 88 54 s 91
Children and Families
4--General 1
Division
of proceedings 2
Transfer
88.(1) If a magistrate constituting the Childrens Court is of the opinion a 3
proceeding before the magistrate should be heard by the court constituted by 4
a magistrate at another place, the magistrate may order that the proceeding 5
be transferred to the court constituted by a magistrate at the other place. 6
(2) A magistrate may act under subsection (1) on the magistrate's own 7
initiative or on the application of a party to the proceeding. 8
of applications together 9
Hearing
89.(1) The Childrens Court may hear 2 or more applications for orders 10
together if, before any of the applications are decided, a party to the 11
proceeding for any of the applications asks that the applications be heard 12
together and the court considers that is in the interests of justice that the 13
applications be heard together. 14
(2) Subsection (1) applies even though the parties, or all of the parties, to 15
the proceedings are not the same. 16
osts 17
C
90. The parties to a proceeding in the Childrens Court for an order must 18
pay their own costs of the proceeding. 19
PART 3--COURT APPEALS 20
may appeal 21
Who
91.(1) The following persons may appeal to the appellate court against a 22
decision on an application for a temporary assessment order for a child-- 23
(a) the applicant; 24
(b) the child; 25
s 92 55 s 93
Children and Families
(c) the child's parents. 1
(2) A party to the proceeding for an application for a court assessment 2
order or child protection order for a child may appeal to the appellate court 3
against a decision on the application. 4
to start appeal 5
How
92.(1) The appeal is started by filing a written notice of appeal with the 6
registrar of the appellate court. 7
(2) The registrar must give the decision-maker a copy of the notice. 8
(3) The appellant must serve a copy of the notice on the other persons 9
entitled to appeal against the decision. 10
(4) The notice of appeal must be filed within 28 days after the decision is 11
made. 12
(5) The court may at any time extend the period for filing the notice of 13
appeal. 14
(6) The notice of appeal must state fully the grounds of the appeal and the 15
facts relied on. 16
of operation of decisions 17
Stay
93.(1) The appellate court may stay a decision appealed against to secure 18
the effectiveness of the appeal. 19
(2) A stay-- 20
(a) may be given on the reasonable conditions the court considers 21
appropriate; and 22
(b) operates for the period fixed by the court; and 23
(c) may be revoked or amended by the court. 24
(3) However, the period of a stay must not extend past the time when the 25
court decides the appeal. 26
(4) An appeal against a decision affects the decision, or carrying out of 27
the decision, only if the decision is stayed. 28
s 94 56 s 97
Children and Families
procedures 1
Hearing
94.(1) An appeal against a decision of a magistrate on an application for a 2
temporary assessment order is not restricted to the material before the 3
magistrate. 4
(2) An appeal against another decision must be decided on the evidence 5
and proceedings before the Childrens Court. 6
(3) However, the appellate court may order that the appeal be heard 7
afresh, in whole or part. 8
of appellate court 9
Powers
95. In deciding an appeal, the appellate court may-- 10
(a) confirm the decision appealed against; or 11
(b) vary the decision appealed against; or 12
(c) set aside the decision and substitute another decision. 13
HAPTER 4--INTERSTATE TRANSFERS OF 14
C
GUARDIANSHIP AND CUSTODY OF CHILDREN 15
of "parent" 16
Meaning
96. In this chapter-- 17
"parent", of a child, means the person who would be the child's guardian 18
if an order or interstate order was not in force for the child. 19
from other States 20
Transfers
97.(1) This section applies if-- 21
(a) an interstate welfare authority is the guardian of a child under an 22
interstate order; and 23
(b) the child has entered, or is about to enter, Queensland. 24
s 98 57 s 100
Children and Families
(2) The chief executive may, by written declaration, assume custody of 1
the child-- 2
(a) if the interstate order is effective for less than 2 years--for not 3
more than the remainder of the period stated in it; or 4
(b) if the interstate order is effective for 2 years or more--for the 5
lesser of-- 6
(i) the remainder of the period stated in it; or 7
(ii) 2 years; or 8
(c) if the interstate order is effective until the child turns 9
18 years--until the child turns 18 years. 10
(3) On the making of the declaration, the interstate order is taken to be a 11
child protection order under the terms stated in the declaration. 12
(4) For subsection (3), the chief executive may declare the interstate order 13
applies to the chief executive's custody only to the extent, or with the 14
changes necessary, to make it consistent with this Act. 15
on making declaration 16
Restriction
98. The chief executive may make the declaration only if the authority 17
asks the chief executive to make the declaration. 18
of declaration 19
Notice
99. As soon as practicable after making the declaration about assuming 20
the custody of a child, the chief executive must-- 21
(a) give a copy of the declaration to the child and the child's parents; 22
and 23
(b) explain the terms and effects of the declaration to them. 24
to other States 25
Transfer
100.(1) The chief executive may arrange for an interstate welfare 26
authority to assume the guardianship of a child who is under the chief 27
executive's custody under this Act. 28
s 100 58 s 100
Children and Families
(2) Before making the arrangement, the chief executive must give written 1
notice of the arrangement to-- 2
(a) the child and the child's parents; and 3
(b) if the child has a carer--the carer. 4
(3) The notice must-- 5
(a) state the grounds for the arrangement; and 6
(b) outline the facts and circumstances forming the basis for the 7
grounds; and 8
(c) invite the child, child's parents and (if applicable) the carer, within 9
a stated time of at least 14 days, to make written submissions to 10
the chief executive about why the arrangement should not be 11
made. 12
(4) If, after considering all submissions made within the stated time, the 13
chief executive still considers grounds exist to make the arrangement, the 14
chief executive may make the arrangement. 15
(5) The arrangement cannot take effect until-- 16
(a) the end of the time to appeal against the decision to make the 17
arrangement; or 18
(b) if an appeal is made against the decision--the appeal is decided. 19
(6) The chief executive must give written notice of the chief executive's 20
decision to the child, the child's parents and (if applicable) the carer. 21
(7) The notice must-- 22
(a) be given as soon as practicable after the decision is made; and 23
(b) state the reasons for the decision; and 24
(c) state that the child, child's parents and (if applicable) the carer 25
may appeal to a tribunal against the decision to make the 26
arrangement within 28 days after the notice is received. 27
s 101 59 s 101
Children and Families
HAPTER 5--REGULATION OF CARE 1
C
ART 1--STANDARDS OF CARE 2
P
of standards 3
Statement
101.(1) The chief executive must take reasonable steps to ensure a child 4
who, for the purposes of this Act, is placed in the care of an approved care 5
provider, licensed care service or departmental care service, is cared for in a 6
way that meets the following standards (the "statement of standards")-- 7
(a) the child's dignity and rights will be respected at all times; 8
(b) the child's needs for physical care will be met, including adequate 9
food, clothing, and shelter; 10
(c) the child will receive emotional care which allows him or her to 11
experience being cared about and valued and which contributes to 12
the child's positive self-regard; 13
(d) the child's needs relating to his or her culture, religious beliefs 14
and ethnic grouping will be met; 15
(e) the child's material needs relating to his or her schooling, physical 16
and mental stimulation, recreation and general living will be met; 17
(f) the child will receive education, training or employment 18
opportunities according to the child's age and ability; 19
(g) the child will receive positive guidance when necessary to help 20
him or her to change inappropriate behaviour; 21
(h) the child will receive dental, medical and therapeutic services 22
necessary to meet his or her needs; 23
(i) the child will be given the opportunity to participate in positive 24
social and recreational activities appropriate to his or her 25
developmental level and age; 26
(j) the child will be encouraged to maintain family and other 27
significant personal relationships; 28
s 102 60 s 102
Children and Families
(k) if the child has a disability--the child will receive care and help 1
appropriate to the child's special needs. 2
(2) For subsection (1)(g), techniques for managing the child's behaviour 3
must not include corporal punishment or punishment that humiliates, 4
frightens or threatens the child in a way that is likely to cause emotional 5
harm. 6
(3) For subsection (1)(j), if the chief executive has custody of the child, 7
the child's carer must act in accordance with the chief executive's 8
reasonable directions. 9
(4) The application of the standards to the child's care must take into 10
account what is reasonable having regard to-- 11
(a) the length of time the child is in the care of the carer or care 12
service; and 13
(b) the child's age and development; and 14
(c) the resources available within the community in which the carer is 15
living or the care service is provided. 16
ART 2--LICENSING OF CARE SERVICES AND 17
P
APPROVAL OF CARE PROVIDERS 18
1--Preliminary 19
Division
of part 20
Purpose
102. The purpose of this part is to provide a system of licensing services, 21
and approving individuals, to provide care for children to enable the chief 22
executive to ensure the care of children in the chief executive's custody 23
meets the standards of care in the statement of standards. 24
s 103 61 s 105
Children and Families
Division 2--Licensing of care services 1
cannot hold licences 2
Individuals
103. An individual is not eligible to hold a licence. 3
for, or renewal of, licence 4
Application
104.(1) An application for, or renewal of, a licence to provide care 5
services must-- 6
(a) be made by a corporation; and 7
(b) be made to the chief executive in the approved form; and 8
(c) nominate an adult to be nominee for the licence; and 9
(d) if the application is for renewal of a licence--be made at least 10
30 days before the licence ends. 11
(2) The application form approved by the chief executive may require the 12
disclose of the criminal history, domestic violence history and traffic history 13
of a person to whom section 121 applies.19 14
on granting application 15
Restrictions
105. The chief executive must not grant the application unless the chief 16
executive is satisfied-- 17
(a) the applicant is a suitable entity to provide care services; and 18
(b) the persons who will be responsible for directly managing the 19
service are suitable persons; and 20
(c) the standard of care provided or to be provided complies or will 21
comply with the statement of standards; and 22
(d) the selection, training and management of people engaged in 23
providing the services are suitable. 24
19 Section 121 (Inquiries about certain persons' suitability).
s 106 62 s 109
Children and Families
of application 1
Grant
106.(1) If the chief executive decides to grant the application, the chief 2
executive must issue and give to the applicant a licence. 3
(2) The licence must state-- 4
(a) the licensed premises; and 5
(b) whether the licensee is authorised under the licence to exercise 6
powers under divisions 3 and 4.20 7
(3) The licence may be issued subject to the reasonable conditions the 8
chief executive considers appropriate. 9
of licence 10
Duration
107. The licence or its renewal has effect for 3 years. 11
of application 12
Refusal
108.(1) If the chief executive decides to refuse the application, the chief 13
executive must give written notice of the decision to the applicant. 14
(2) The notice must-- 15
(a) be given within 10 days after the decision is made; and 16
(b) state the reasons for the decision; and 17
(c) state that the person may appeal to a tribunal against the decision 18
within 28 days after the notice is received. 19
20
Nominees
109.(1) The nominee for a licence is responsible for ensuring-- 21
(a) the standard of care provided by the service complies with the 22
statement of standards; and 23
(b) the persons engaged in the direct care of children for the service 24
20 Division 3 (Approval of care providers), division 4 (Amendment, suspension and
cancellation of authorities)
s 110 63 s 112
Children and Families
are suitable persons. 1
(2) An adult may be a nominee for more than 1 licence. 2
Division 3--Approval of care providers 3
individuals may hold certificates of approval 4
Only
110.(1) Only an individual is eligible to hold a certificate of approval as 5
an approved care provider. 6
(2) Two or more individuals may hold a certificate jointly. 7
for approval or renewal of approval 8
Application
111.(1) An application for, or renewal of, a certificate of approval as an 9
approved care provider-- 10
(a) must be made to an approving entity in the approved form; and 11
(b) if the application is for renewal of a certificate of approval--must 12
be made at least 30 days before the certificate ends. 13
(2) The application form approved by the chief executive may require the 14
disclose of the criminal history, domestic violence history and traffic history 15
of a person to whom section 121 applies.21 16
on granting application 17
Restrictions
112. The approving entity must not grant the application unless the entity 18
is satisfied the applicant-- 19
(a) is a suitable person to be an approved care provider, and all 20
members of the applicant's household are suitable persons to 21
associate on a daily basis with children; and 22
(b) is able to meet the standards of care in the statement of standards; 23
and 24
21 Section 121 (Inquiries about certain persons' suitability).
s 113 64 s 116
Children and Families
(c) is able to help in appropriate ways towards achieving planning 1
goals for a child in the applicant's care. 2
of application 3
Grant
113.(1) If the approving entity decides to grant the application, the entity 4
must issue and give to the applicant a certificate of approval as an approved 5
care provider. 6
(2) The certificate must state the type of care approved to be provided. 7
(3) The certificate may be issued subject to the reasonable conditions the 8
entity considers appropriate. 9
of approval 10
Duration
114. The certificate of approval has effect for-- 11
(a) 1 year for an initial certificate; or 12
(b) 2 years for the renewal of a certificate. 13
of application 14
Refusal
115.(1) If the approving entity decides to refuse the application, the entity 15
must give written notice of the decision to the applicant. 16
(2) The notice must-- 17
(a) be given within 10 days after the decision is made; and 18
(b) state the reasons for the decision; and 19
(c) state that the person may appeal to a tribunal against the decision 20
within 28 days after the notice is given. 21
4--Amendment, suspension and cancellation of authorities 22
Division
of authority on application of holder 23
Amendment
116.(1) A holder of an authority may apply to the approving entity for an 24
amendment of the authority. 25
s 117 65 s 117
Children and Families
(2) The approving entity must consider the application and decide 1
whether to grant or refuse it within 28 days after receiving it. 2
(3) If the approving entity is satisfied the amendment is necessary or 3
desirable, the approving entity must grant the application. 4
(4) If the approving entity is not satisfied the amendment is necessary or 5
desirable, the approving entity must-- 6
(a) refuse the application; and 7
(b) give written notice to the applicant of the decision. 8
(5) The notice must-- 9
(a) be given within 10 days after the approving entity decides to 10
refuse the application; and 11
(b) state the reasons for the decision; and 12
(c) state that the applicant may appeal to a tribunal against the 13
decision within 28 days after the notice is received. 14
of authority by approving entity 15
Amendment
117.(1) The approving entity may amend an authority at any time if-- 16
(a) the holder agrees to the amendment; or 17
(b) the approving entity considers it is necessary or desirable 18
because-- 19
(i) the holder is not meeting the standards required under the 20
authority or another condition of the authority; or 21
(ii) the holder has contravened a provision of this Act; or 22
(iii) the authority was issued because of a materially false or 23
misleading representation or declaration (made either orally 24
or in writing); or 25
(iv) of another circumstance prescribed under a regulation. 26
(2) If the approving entity considers it necessary or desirable to amend an 27
authority under subsection (1)(b), the approving entity must give the holder 28
a written notice under this section. 29
(3) The notice must-- 30
s 118 66 s 118
Children and Families
(a) state the proposed amendment and the grounds for the 1
amendment; and 2
(b) outline the facts and circumstances forming the basis for the 3
grounds; and 4
(c) invite the holder to make written representations to the approving 5
entity to show why the authority should not be amended; and 6
(d) state the term (at least 28 days after the notice is given to the 7
holder) within which the representations may be made. 8
(4) After the end of the term stated in the notice, the approving entity 9
must consider the representations properly made by the holder. 10
(5) If the approving entity is satisfied the amendment is necessary or 11
desirable, the approving entity must give written notice to the holder of the 12
decision. 13
(6) The notice must-- 14
(a) be given within 10 days after the decision is made; and 15
(b) state the reasons for the decision; and 16
(c) state that the holder may appeal to a tribunal against the decision 17
within 28 days after the notice is received. 18
(7) If the approving entity is not satisfied the amendment is necessary or 19
desirable, the approving entity must promptly give written notice to the 20
holder of the decision. 21
may be suspended or cancelled 22
Authority
118. An approving entity may suspend or cancel an authority on the 23
following grounds-- 24
(a) the holder is not meeting the standards required under the 25
authority or another condition of the authority; 26
(b) the holder has contravened a provision of this Act; 27
(c) the authority was issued because of a materially false or 28
misleading representation or declaration (made either orally or in 29
writing); 30
s 119 67 s 119
Children and Families
(d) it is inappropriate for the holder to continue to hold the authority 1
because of a circumstance prescribed under a regulation. 2
for suspension or cancellation 3
Procedure
119.(1) If the approving entity considers a ground exists to suspend or 4
cancel the authority (the "proposed action"), the approving entity must 5
give the holder written notice that-- 6
(a) states the proposed action; and 7
(b) states the grounds for the proposed action; and 8
(c) outlines the facts and circumstances forming the basis for the 9
grounds; and 10
(d) if the proposed action is suspension of the authority--states the 11
proposed suspension period; and 12
(e) invites the holder (within a stated time of at least 28 days) to 13
make written representations to show why the proposed action 14
should not be taken. 15
(2) If, after considering all written representations made within the stated 16
time, the approving entity still considers a ground to take the proposed 17
action exists, the approving entity may-- 18
(a) if the proposed action was to suspend the authority for a stated 19
period--suspend the authority for not longer than the proposed 20
suspension period; or 21
(b) if the proposed action was to cancel the authority--either cancel 22
the authority or suspend it for a period. 23
(3) The approving entity must inform the holder of the decision by 24
written notice. 25
(4) The notice must be given within 10 days after the approving entity 26
makes the decision. 27
(5) If the approving entity decides to suspend or cancel the authority, the 28
notice must state-- 29
(a) the reasons for the decision; and 30
(b) that the holder may appeal to a tribunal against the decision within 31
s 120 68 s 120
Children and Families
28 days after the notice is received. 1
(6) The approving entity must record particulars of the suspension or 2
cancellation on the authority. 3
suspension and cancellation of authorities 4
Amendment,
120.(1) This section applies if an approving entity-- 5
(a) grants an application to amend an authority or decides to amend 6
an authority; or 7
(b) decides to suspend or cancel an authority. 8
(2) The holder of the authority must, on receipt of written notice by the 9
approving entity, give the authority to the approving entity within the period 10
(not less than 7 days) stated in the notice. 11
(3) If a suspended authority is returned to the approving entity, the entity 12
must return it to the holder at the end of the suspension. 13
(4) A suspension or cancellation takes effect on the later of-- 14
(a) the day on which the notice is given; or 15
(b) if a later day is stated in the notice--the later day. 16
(5) If an authority is returned to the approving entity for amendment, the 17
entity must-- 18
(a) cancel the existing authority; and 19
(b) issue and give to the holder a new authority containing the 20
amendment; and 21
(c) give the holder written notice stating-- 22
(i) the old authority has been cancelled; and 23
(ii) the way in which the new authority is different from the old 24
authority. 25
(6) The new authority-- 26
(a) takes effect on the later of-- 27
(i) the day on which the notice is given to the holder; or 28
(ii) if a later day is stated in the notice--the later day; and 29
s 121 69 s 121
Children and Families
(b) has effect for the remainder of the term of the old authority. 1
(7) In this section-- 2
"holder", of an authority, includes a former holder of an authority. 3
5--General 4
Division
about certain persons' suitability 5
Inquiries
121.(1) This section applies-- 6
(a) for a licence-- 7
(i) to the person who will be or is responsible for directly 8
managing the service under the licence; and 9
(ii) to anyone else directly engaged in the care of children for the 10
service; and 11
(b) for a certificate of approval-- 12
(i) to an applicant for, or holder of, the certificate; and 13
(ii) to another adult member of the household of an applicant 14
for, or holder of, the certificate. 15
(2) In considering the suitability of a person to which this section 16
applies-- 17
(a) if the approving entity is the chief executive--the chief executive 18
may ask the commissioner of the police service for a written 19
report about the person's criminal history, domestic violence 20
history and traffic history; and 21
(b) if the approving entity is a licensee authorised under the licensee's 22
licence to exercise powers under divisions 3 and 422--the licensee 23
must ask the chief executive to ask the commissioner for a 24
written report about the person's criminal history, domestic 25
violence history and traffic history. 26
(3) If asked by the chief executive, the commissioner must give the chief 27
22 Division 3 (Approval of care providers), division 4 (Amendment, suspension and
cancellation of authorities)
s 122 70 s 123
Children and Families
executive a written report about the person's criminal history, domestic 1
violence history and traffic history. 2
(4) Subsection (3) applies to the criminal history, domestic violence 3
history and traffic history in the commissioner's possession or to which the 4
commissioner has access. 5
(5) Subsection (2) does not limit the matters to which an approving entity 6
may have regard in considering the suitability of the person. 7
(6) After consideration of a report about a person's criminal history, 8
domestic violence history and traffic history obtained for a licensee in 9
relation to an application for, or renewal of, a certificate of approval, the 10
chief executive may direct the licensee to refuse to grant the application if 11
the chief executive is satisfied the person is unsuitable. 12
(7) The chief executive may also direct the licensee to refuse to grant the 13
application if the chief executive is satisfied the person is unsuitable because 14
of information obtained from the department's records. 15
(8) A direction under subsection (6) or (7) must be made by written 16
notice given to the licensee. 17
(9) If the chief executive directs the licensee to refuse the application and 18
the applicant appeals against the decision to refuse the application, the chief 19
executive is a respondent to the appeal. 20
to decide applications taken to be refusal 21
Failure
122. If an approving entity fails to decide an application under this 22
chapter within 90 days after it is properly made-- 23
(a) the approving entity is taken to have decided to refuse the 24
application; and 25
(b) the applicant is taken to have received notice of the decision at the 26
end of the time. 27
to contravene condition of licence or approval 28
Offence
123. A licensee, or holder of a certificate of approval, must not 29
contravene a condition of the licence or approval. 30
Maximum penalty--50 penalty units. 31
s 124 71 s 126
Children and Families
officer may require production of licence, approval etc. 1
Authorised
124.(1) An authorised officer may-- 2
(a) require a licensee or holder of a certificate of approval to produce 3
to the officer-- 4
(i) the person's licence or certificate of approval; or 5
(ii) a document required to be kept by the person under this Act; 6
and 7
(b) inspect, take extracts from, make copies of or keep a document 8
produced to the officer under paragraph (a). 9
(2) An authorised officer-- 10
(a) may keep a document under subsection (1)(b) only to take copies 11
of it; and 12
(b) must, as soon as practicable after taking the copies, return it to the 13
person who produced it. 14
officer may enter and inspect licensed premises 15
Authorised
125.(1) An authorised officer may, at any reasonable time, enter and 16
inspect licensed premises to ensure this Act is being complied with. 17
(2) The officer may be accompanied by a police officer and may talk to 18
anyone involved in providing the care service. 19
CHAPTER 6--ADMINISTRATION 20
PART 1--AUTHORISED OFFICERS 21
22
Appointment
126.(1) The chief executive may appoint any of the following persons to 23
s 127 72 s 129
Children and Families
be an authorised officer-- 1
(a) an officer or employee of the department; 2
(b) a person included in a class of persons declared by regulation to 3
be eligible for appointment as an authorised officer. 4
(2) However, the chief executive may appoint a person to be an 5
authorised officer only if-- 6
(a) in the chief executive's opinion, the person has the necessary 7
expertise or experience to be an authorised officer; or 8
(b) the person has satisfactorily finished training approved by the 9
chief executive. 10
of powers 11
Limitation
127.(1) The powers of an authorised officer may be limited-- 12
(a) under a regulation; or 13
(b) under a condition of appointment; or 14
(c) by written notice of the chief executive given to the officer. 15
(2) Notice under subsection (1)(c) may be given orally, but must be 16
confirmed in writing as soon as practicable after it is given. 17
of appointment 18
Conditions
128.(1) An authorised officer holds office on the conditions stated in the 19
officer's instrument of appointment. 20
(2) An authorised officer-- 21
(a) if the appointment provides for a term of appointment--ceases 22
holding office at the end of the term; and 23
(b) may resign by signed notice of resignation given to the chief 24
executive. 25
card 26
Identity
129.(1) The chief executive must give each authorised officer an identity 27
s 130 73 s 131
Children and Families
card. 1
(2) The identity card must-- 2
(a) contain a recent photograph of the officer; and 3
(b) be signed by the officer; and 4
(c) identify the person as an authorised officer under this Act; and 5
(d) include an expiry date. 6
(3) A person who ceases to be an authorised officer must return his or 7
her identity card to the chief executive within 21 days after the person ceases 8
to be an authorised officer, unless the person has a reasonable excuse for 9
not returning it. 10
Maximum penalty--40 penalty units. 11
(4) This section does not prevent the giving of a single identity card to a 12
person for this Act and other Acts. 13
of identity card 14
Production
130.(1) An authorised officer may exercise a power under this Act in 15
relation to someone else (the "other person") only if the officer first 16
produces his or her identity card for the other person's inspection. 17
(2) If, for any reason, it is not practicable to comply with subsection (1), 18
the officer must produce the identity card for the other person's inspection 19
at the first reasonable opportunity. 20
officer to give notice of damage 21
Authorised
131.(1) This section applies if an authorised officer damages property in 22
the exercise of a power under this Act. 23
(2) The authorised officer must promptly give written notice of the 24
particulars of the damage to the person who appears to the authorised 25
officer to be the property's owner. 26
(3) If the authorised officer believes the damage was caused by a latent 27
defect in the property or other circumstances beyond the authorised 28
person's control, the authorised officer may state this in the notice. 29
s 132 74 s 133
Children and Families
(4) If, for any reason, it is not practicable to comply with subsection (2), 1
the authorised officer must-- 2
(a) leave the notice at the place where the damage happened; and 3
(b) ensure the notice is left in a reasonably secured way in a 4
conspicuous position. 5
(5) This section does not apply to damage the authorised officer believes, 6
on reasonable grounds, is trivial. 7
8
Compensation
132.(1) A person may claim from the State the cost of repairing or 9
replacing property damaged in the exercise or purported exercise of a power 10
under this Act. 11
(2) The cost may be claimed and ordered to be paid in a proceeding-- 12
(a) brought in a court of competent jurisdiction for the recovery of 13
the amount claimed; or 14
(b) for an offence against this Act brought against the person 15
claiming the amount. 16
(3) A court may order an amount be paid only if it is satisfied it is just to 17
make the order in the circumstances of the particular case. 18
(4) A regulation may prescribe matters that may, or must, be taken into 19
account by the court when considering whether it is just to make the order. 20
PART 2--GENERAL 21
by chief executive 22
Delegation
133. The chief executive may delegate the chief executive's powers under 23
this Act to an appropriately qualified officer or employee of the department. 24
s 134 75 s 136
Children and Families
forms 1
Approved
134. The chief executive may approve forms for use under this Act. 2
3
Coordination
135.(1) Each service provider should take all reasonable steps to 4
coordinate decision-making and delivery of services to children and 5
families. 6
(2) The chief executive is responsible for-- 7
(a) ensuring ways exist to coordinate the roles and responsibilities of 8
service providers in promoting the protection of children and 9
child protection services; and 10
(b) establishing ways to coordinate the roles and responsibilities of 11
service providers to investigate particular cases of harm to 12
children and to take action to secure the protection of children. 13
allowances 14
Maintenance
136.(1) The chief executive may pay the allowance prescribed under a 15
regulation to a child's carer for the child's care and maintenance. 16
(2) Subsection (1) has effect subject to appropriation by Parliament of an 17
amount for the purpose. 18
s 137 76 s 140
Children and Families
HAPTER 7--ENFORCEMENT AND LEGAL 1
C
PROCEEDINGS 2
ART 1--OFFENCES 3
P
of authorised officer etc. 4
Obstruction
137. A person must not obstruct an authorised officer or police officer in 5
the exercise of a power under this Act, unless the person has a reasonable 6
excuse. 7
Maximum penalty--40 penalty units. 8
of authorised officer 9
Impersonation
138. A person must not pretend to be an authorised officer. 10
Maximum penalty--40 penalty units. 11
to remove child from custody 12
Offence
139.(1) A person must not unlawfully remove a child from the custody 13
of another person who has the custody under this Act. 14
Maximum penalty--150 penalty units or 18 months imprisonment. 15
(2) A person must not keep a child who has been taken in contravention 16
of subsection (1). 17
Maximum penalty for subsection (2)--150 penalty units or 18 months 18
imprisonment. 19
to refuse contact with child in custody 20
Offence
140.(1) In this section-- 21
"child" means a child in the chief executive's custody under a child 22
protection order. 23
s 141 77 s 143
Children and Families
(2) This section applies if an authorised officer reasonably asks a person 1
for permission to enter premises for the purpose of having contact with a 2
child in the premises to ensure the child's protection. 3
(3) The person must not refuse the officer's request unless the person 4
has a reasonable excuse. 5
Maximum penalty for subsection (3)--50 penalty units. 6
for person to take child out of State 7
Offence
141. A person who has the care of a child in the chief executive's 8
custody must not take the child out of the State with the intention of 9
obstructing, preventing or defeating the administration or enforcement of 10
this Act. 11
Maximum penalty--100 penalty units. 12
not to comply with certain orders 13
Offence
142.(1) A child's parent must not knowingly contravene a provision of 14
an order directing the parent not to have contact (direct or indirect)-- 15
(a) with the child; or 16
(b) with the child other than when a stated person or a person of a 17
stated category is present; 18
Maximum penalty--100 penalty units or 1 year's imprisonment. 19
(2) For subsection (1), a person who is in the Childrens Court when the 20
order is made or is given notice of the order is taken to know the contents of 21
the order. 22
ART 2--WARRANT OF APPREHENSION FOR 23
P
CHILD 24
for warrant of apprehension for child 25
Application
143.(1) An authorised officer or police officer may apply to a magistrate 26
for a warrant of apprehension of a child who has been unlawfully removed 27
s 144 78 s 145
Children and Families
from a person's custody under this Act. 1
(2) The application must be sworn and state the grounds on which it is 2
made. 3
(3) The magistrate may refuse to consider the application until the 4
applicant gives the magistrate all the information the magistrate requires 5
about the application in the way the magistrate requires. 6
7
Example--
8
The magistrate may require additional information supporting the application be
9
given by statutory declaration.
of application by phone etc. 10
Making
144.(1) An application for a warrant of apprehension may be made by 11
phone, fax, radio or another form of communication. 12
(2) Before applying for a warrant under this section, the person making 13
the application must complete a written application for the warrant. 14
(3) The authorised officer or police officer may apply for the warrant 15
before the application is sworn. 16
(4) The magistrate to whom the application is made may presume-- 17
(a) the applicant is entitled to make the application; and 18
(b) the applicant has properly completed a written application for the 19
order. 20
and effect of warrant 21
Issue
145.(1) If a magistrate is satisfied the child has been unlawfully removed 22
from a person's custody under this Act, the magistrate may issue a warrant 23
of apprehension of the child. 24
(2) The warrant authorises an authorised officer or police officer-- 25
(a) to enter any 1 or more places the officer reasonably believes the 26
child is; and 27
(b) to take the child to a safe place. 28
(3) The warrant must state the day (within 14 days after the warrant's 29
s 146 79 s 146
Children and Families
issue) when it ends. 1
(4) An authorised officer or police officer may exercise powers under the 2
warrant with the help, and using the force, that is reasonable in the 3
circumstances. 4
after issuing warrant on application by phone etc. 5
Procedure
146.(1) This section applies if the warrant is issued on application made 6
under section 144. 7
(2) After issuing the warrant, the magistrate must immediately fax a 8
copy of it to the applicant if it is reasonably practicable to fax the copy. 9
(3) If it is not reasonably practicable to fax a copy of the warrant to the 10
applicant-- 11
(a) the magistrate must-- 12
(i) tell the applicant what the terms of the warrant are; and 13
(ii) tell the applicant the date and time the warrant was signed; 14
and 15
(b) the applicant must write on a form of warrant ("warrant 16
form")-- 17
(i) the magistrate's name; and 18
(ii) the date and time the magistrate signed the warrant; and 19
(iii) the warrant's terms. 20
(4) The facsimile warrant, or the warrant form properly completed by the 21
applicant, authorises the exercise of powers under the warrant made by the 22
magistrate. 23
(5) The applicant must, at the first reasonable opportunity, send to the 24
magistrate-- 25
(a) the sworn application; and 26
(b) if the applicant completed a warrant form--the completed warrant 27
form. 28
(6) On receiving the documents, the magistrate must attach them to the 29
warrant. 30
s 147 80 s 147
Children and Families
ART 3--POWERS OF AUTHORISED OFFICERS 1
P
AND POLICE OFFICERS 2
1--Powers of police officers for certain offences 3
Division
officers power of arrest etc. 4
Police
147.(1) This section applies if a police officer reasonably believes a 5
person is committing or has committed an offence against any of the 6
following sections-- 7
· section 139 (Offence to remove child from custody) 8
· section 141 (Offence for person to take child out of State) 9
· section 142 (Offence not to comply with certain orders). 10
(2) The officer may exercise any of the following powers-- 11
(a) arrest the person; 12
(b) for an offence against section 140--return the child to the person 13
entitled to lawful custody of the child; 14
(c) enter and search any place for a purpose mentioned in 15
paragraph (a) or (b). 16
(3) The officer may exercise the officer's powers under subsection (2) 17
with the help, and using the force, that is reasonable in the circumstances. 18
(4) As soon as practicable after arresting the person, the police officer 19
must take the person before justices to be dealt with according to law. 20
(5) Subsection (2) does not prevent the taking of a proceeding against the 21
person by way of complaint and summons. 22
s 148 81 s 149
Children and Families
Division 2--Powers of authorised officers and police officers 1
Subdivision 1--Preliminary 2
of div 2 3
Application
148. This division applies if an authorised officer or police officer enters 4
a place under-- 5
(a) section 15 or 1623 in investigating an allegation about harm, or 6
risk of harm, to a child; or 7
(b) an assessment order in investigating whether a child is a child in 8
need of protection; or 9
(c) a warrant of apprehension of a child who, under section 139, has 10
been unlawfully removed from a person's custody.24 11
2--Power of seizure of authorised officers and police 12
Subdivision
officers 13
of seizure 14
Power
149. The authorised officer or police officer may seize a thing if the 15
officer reasonably believes-- 16
(a) the thing is evidence of an offence in relation to the officer's 17
investigation or the child's unlawful removal from custody; and 18
(b) the seizure is necessary to prevent the thing being-- 19
(i) hidden, lost or destroyed; or 20
(ii) used to commit, continue or repeat the offence. 21
23 Section 15 (Contact with child in immediate danger) and section 16 (Child at
immediate risk may be taken into custody)
24 A warrant of apprehension for a child may be issued under part 2.
s 150 82 s 151
Children and Families
after seizure of thing 1
Procedure
150.(1) As soon as practicable after seizing the thing, the authorised 2
officer or police officer must give a receipt for it to the person from whom 3
it was seized. 4
(2) If, for any reason, it is not practicable to comply with subsection (1), 5
the officer must-- 6
(a) leave the receipt at the place of seizure; and 7
(b) ensure the receipt is left in a reasonably secure way and in a 8
conspicuous position. 9
(3) The receipt must describe generally the seized thing and its condition. 10
(4) The officer must allow a person who would be entitled to the seized 11
thing if it were not in the officer's possession, at any reasonable time-- 12
(a) to inspect it; or 13
(b) if it is a document--to copy it. 14
(5) The officer must return the seized thing to the person-- 15
(a) at the end of 1 year; or 16
(b) if a prosecution for an offence involving it is started within 17
1 year--at the end of the prosecution and any appeal from the 18
prosecution. 19
(6) Despite subsection (5), the officer must return the seized thing to the 20
person if the officer is satisfied its retention as evidence is no longer 21
necessary. 22
of seized thing on conviction 23
Forfeiture
151.(1) On the conviction of a person of an offence involving the seized 24
thing, the court may order its forfeiture to the State. 25
(2) The court may make any order to enforce the forfeiture it considers 26
appropriate. 27
(3) This section does not limit the court's powers under the Penalties 28
and Sentences Act 1992 or another law. 29
s 152 83 s 154
Children and Families
with forfeited things etc. 1
Dealing
152.(1) On forfeiture, the thing becomes the State's property and may be 2
dealt with by the chief executive as the chief executive considers 3
appropriate. 4
(2) Without limiting subsection (1), the chief executive may destroy the 5
thing. 6
3--Other powers of authorised officers and police officers 7
Subdivision
on entry 8
to photograph 9
Power
153. The authorised officer or police officer may photograph or film the 10
place, or anyone or anything in or on the place. 11
ART 4--EVIDENCE 12
P
provisions 13
Evidentiary
154.(1) This section applies to a proceeding under or in relation to this 14
Act. 15
(2) Unless a party, by reasonable notice, requires proof of-- 16
(a) the appointment of an authorised officer under this Act; or 17
(b) the authority of an authorised officer to do an act under this Act; 18
the appointment or authority must be presumed. 19
(3) A signature purporting to be the signature of the chief executive or an 20
authorised officer is evidence of the signature it purports to be. 21
(4) A certificate purporting to be signed by the chief executive stating any 22
of the following matters is evidence of the matter-- 23
(a) a stated document is a copy of a licence, certificate of approval, 24
notice, declaration or decision made, issued or given under this 25
s 155 84 s 155
Children and Families
Act; 1
(b) on a stated day, or during a stated period, a stated person was or 2
was not the holder of a licence or certificate of approval; 3
(c) a licence or certificate of approval-- 4
(i) was or was not issued or given for a stated term; or 5
(ii) was or was not in force on a stated day or during a stated 6
period; or 7
(iii) was or was not subject to a stated condition; 8
(d) on a stated day, a licence or certificate of approval was suspended 9
for a stated period or cancelled; 10
(e) on a stated day, a stated person was given a stated notice under 11
this Act; 12
(f) the whereabouts of a child's parents could not be ascertained after 13
stated reasonable inquiries; 14
(g) on a stated day, a family meeting or conference was held; 15
(h) a stated entity is a recognised Aboriginal or Torres Strait Islander 16
agency for a particular Aboriginal or Torres Strait Islander child; 17
(i) another matter prescribed under a regulation. 18
about temporary assessment orders and warrants for 19
Evidence
apprehension 20
155.(1) This section applies if-- 21
(a) a temporary assessment order for a child is made on an 22
application made under section 23; or 23
(b) a warrant of apprehension of a child is made under section 145. 24
(2) Unless the contrary is proved, a court must presume a power 25
exercised by an authorised officer or police officer was not authorised by a 26
temporary assessment order for the child or a warrant of apprehension of 27
the child if-- 28
(a) a question arises, in a proceeding before the court, whether the 29
exercise of power was authorised by a temporary assessment 30
s 156 85 s 157
Children and Families
order for the child or a warrant of apprehension of the child; and 1
(b) the temporary assessment order or warrant of apprehension made 2
for the child is not produced in evidence. 3
PART 5--CONFIDENTIALITY 4
1--Preliminary 5
Division
6
Definitions
156. In this part-- 7
"publish", for information, means to publish it to the public by way of 8
television, newspaper, radio or other form of communication. 9
"this Act" includes the Children's Services Act 1965. 10
2--Confidentiality in relation to administration of Act 11
Division
of notifiers of harm 12
Confidentiality
157.(1) This section applies if a person (the "notifier") notifies the chief 13
executive, an authorised officer or police officer that the notifier suspects a 14
child has been, is being or is likely to be, harmed. 15
(2) The person who receives the notification, or a person who becomes 16
aware of the identity of the notifier, must not disclose the identity of the 17
notifier to another person unless the disclosure is made-- 18
(a) in the course of performing functions under this Act to another 19
person performing functions under this Act; or 20
(b) to the Parliamentary Commissioner for Administrative 21
Investigations conducting an investigation under the 22
Parliamentary Commissioner Act 1974; or 23
(c) by way of evidence given in a legal proceeding under 24
subsections (3) and (4). 25
s 158 86 s 158
Children and Families
Maximum penalty--40 penalty units. 1
(3) Subject to subsection (4)-- 2
(a) evidence of the identity of the notifier or from which the identity 3
of the notifier could be deduced must not be given in a proceeding 4
before a court or tribunal without leave of the court or tribunal; 5
and 6
(b) unless leave is granted, a party or witness in the proceeding-- 7
(i) must not be asked, and, if asked, cannot be required to 8
answer, any question that cannot be answered without 9
disclosing the identity of, or leading to the identification of, 10
the notifier; and 11
(ii) must not be asked to produce, and, if asked, cannot be 12
required to produce, any document that identifies, or may 13
lead to the identification of, the notifier. 14
(4) The court or tribunal must not grant leave unless-- 15
(a) it is satisfied-- 16
(i) the evidence is of critical importance in the proceeding; and 17
(ii) there is compelling reason in the public interest for 18
disclosure; or 19
(b) the notifier agrees to the evidence being given in the proceeding. 20
(5) In deciding whether to grant leave, the court or tribunal must take into 21
account-- 22
(a) the possible effects of disclosure on the safety or welfare of the 23
notifier and the notifier's family; and 24
(b) the public interest in maintaining confidentiality of notifiers. 25
(6) As far as practicable, an application for leave must be heard in a way 26
that protects the identity of the notifier pending a decision on the application. 27
of information obtained by persons involved in 28
Confidentiality
administration of Act 29
158.(1) This section applies to a person who-- 30
s 158 87 s 158
Children and Families
(a) is or has been-- 1
(i) a public service employee performing functions under or in 2
relation to the administration of this Act; or 3
(ii) a licensee, the executive officer of a corporation that is a 4
licensee or someone else employed or engaged by a licensee 5
to perform functions under or in relation to the 6
administration of this Act; or 7
(iii) the holder of a certificate of approval; or 8
(iv) a member of a recognised Aboriginal or Torres Strait 9
Islander agency; and 10
(b) in that capacity acquired information about another person's 11
affairs or has access to, or custody of, a document about another 12
person's affairs. 13
(2) A person to whom this section applies must not disclose the 14
information, or give access to the document, to anyone else. 15
Maximum penalty--100 penalty units or 2 years imprisonment. 16
(3) However, a person may disclose the information or give access to the 17
document to someone else-- 18
(a) to the extent necessary to perform the person's functions under or 19
in relation to this Act; or 20
(b) if the disclosure is for purposes directly related to a child's 21
protection or welfare; or 22
(c) if the disclosure or giving of access is otherwise required or 23
permitted by law. 24
(4) Also, a person may disclose the information or give access to the 25
document to another person if the information or document concerns the 26
personal affairs of the other person. 27
(5) In addition, the Minister or chief executive may disclose the 28
information if the Minister or chief executive is satisfied the disclosure is 29
appropriate and necessary in the circumstances for a child's protection or 30
welfare. 31
(6) Further, the chief executive may disclose the information, or give 32
access to the document, to the children's commissioner for assessing or 33
s 159 88 s 160
Children and Families
investigating a complaint under the Children's Commissioner and 1
Children's Services Tribunals Act 1996.25 2
of information given by persons involved in 3
Confidentiality
administration of Act to other persons 4
159.(1) This section applies if the chief executive, an authorised officer, 5
police officer or anyone else in the course of performing duties under or in 6
relation to the administration of this Act, gives a person (the "receiver") 7
information or a document about another person's affairs. 8
(2) The receiver must not disclose the information, or give access to the 9
document, to anyone else. 10
Maximum penalty--100 penalty units or 2 years imprisonment. 11
(3) However, the receiver may disclose the information or give access to 12
the document to someone else-- 13
(a) if the disclosure is for purposes directly related to a child's 14
protection or welfare; or 15
(b) if the disclosure or giving of access is otherwise required or 16
permitted by law. 17
of publication of information leading to identity of 18
Prohibition
children subject to this Act 19
160. A person must not, without the chief executive's written approval, 20
publish information that identifies, or is likely to lead to the identification of, 21
a child as-- 22
(a) a child the subject of an investigation of an allegation about harm 23
or risk of harm; or 24
(b) a child in the chief executive's custody under this Act; or 25
(c) a child for whom an order is in force. 26
Maximum penalty--100 penalty units or 2 years imprisonment. 27
25 Under section 7(2), the chief executive is required to cooperate with the
children's commissioner in the commissioner's assessment or investigation of
complaints.
s 161 89 s 162
Children and Families
3--Confidentiality in relation to proceedings 1
Division
of department's records 2
Production
161.(1) This section applies if a party to a proceeding in a court or 3
tribunal requires, under applicable rules-- 4
(a) the chief executive to produce to the court or party a document in 5
the department's records under this Act in relation to a child or a 6
child's carer; or 7
(b) the children's commissioner to produce to the court or party a 8
document mentioned in paragraph (a) that has been given to the 9
commissioner under section 158. 10
(2) The requirement must describe the document to be produced-- 11
(a) by reference to the person or persons to whom it relates; and 12
(b) by general reference to the circumstances to which it relates; and 13
(c) the period to which the requirement relates. 14
(3) For subsection (2)(b), the requirement must show the circumstances 15
to be relevant to the proceeding. 16
(4) A person must not, directly or indirectly, disclose or make use of 17
information obtained under the requirement other than for a purpose 18
connected with the proceeding. 19
Maximum penalty--100 penalty units or 2 years imprisonment. 20
(5) Despite any Act to the contrary, if a document in the department's 21
records under this Act in relation to a child or a child's carer is produced in 22
a proceeding in a court, an officer of the court must not make the document 23
available for inspection to any person other than a party to the proceeding. 24
Maximum penalty for subsection (5)--100 penalty units or 2 years 25
imprisonment. 26
of disclosure of certain information during proceeding 27
Refusal
162.(1) A person engaged in the administration of this Act may refuse to 28
disclose to a court or tribunal in a proceeding, or to a party to the 29
proceeding, information obtained under or in relation to the administration 30
s 163 90 s 163
Children and Families
of this Act, if-- 1
(a) its disclosure endangers, or is likely to endanger, a person's 2
safety or psychological health; or 3
(b) it identifies, or is likely to identify, the source of the information 4
and identification of the source is likely to prejudice the 5
achievement of the purpose of this Act; or 6
(c) it is a record of confidential therapeutic counselling with a child or 7
a member of the child's family and its disclosure would prejudice 8
the department's ability to provide counselling services; or 9
(d) it is personal information and the person reasonably believes it is 10
not materially relevant to the proceeding. 11
(2) However, on the application of a party to the proceeding, the court or 12
tribunal may order the disclosure of the information if it is satisfied-- 13
(a) it is materially relevant to the proceeding; and 14
(b) its disclosure is, on balance, in the public interest. 15
(3) To enable the court or tribunal to make a decision about the disclosure 16
of the information, the person must disclose the information to the judicial 17
officers of the court or tribunal. 18
(4) In deciding whether or not the information should be disclosed, the 19
judicial officers must deal with the information in a way that ensures it is 20
not disclosed to anyone else. 21
(5) If the court or tribunal refuses to order its disclosure, the judicial 22
officers must return any document containing the information produced to 23
them. 24
(6) In this section-- 25
"judicial officers", for a court or tribunal, means the person or persons 26
constituting the court or tribunal. 27
of publication of certain information for proceedings 28
Prohibition
163. A person must not publish-- 29
(a) information given in evidence in a proceeding under this Act in 30
the Childrens Court, or other court records, without the court's 31
s 164 91 s 164
Children and Families
approval; or 1
(b) information that identifies, or is likely to lead to the identification 2
of, a person as a party to a proceeding under this Act. 3
Maximum penalty--100 penalty units or 2 years imprisonment. 4
on reporting certain court proceedings 5
Restrictions
164.(1) If, in a proceeding for an offence of a sexual nature, a child is a 6
witness or the person in relation to whom the offence is alleged to have 7
been committed is a child, a report of the proceeding must not disclose 8
prohibited matter relating to the child unless the court expressly authorises 9
the matter to be included in the report. 10
(2) If, in another proceeding, a child is a witness or the person in relation 11
to whom an offence is alleged to have been committed is a child, the court 12
or justice may order that a report of the proceeding must not disclose 13
prohibited matter relating to the child other than matter stated in the order. 14
(3) Also, a report of a proceeding to which subsection (1) or (2) relates 15
must not disclose the name of an authorised officer or police officer 16
involved in the proceeding unless the court or justice expressly authorises 17
the officer's name to be included in the report. 18
(4) A person who makes or publishes a report of a proceeding in 19
contravention of subsection (1), (2) or (3) commits an offence. 20
Maximum penalty--100 penalty units or 2 years imprisonment. 21
(5) However, subsections (1), (2) and (3) do not apply to-- 22
(a) a record of evidence of the proceeding made under the Recording 23
of Evidence Act 1962; or 24
(b) a report made for the department or Queensland Police Service. 25
(6) In this section-- 26
"film" includes a slide, video tape, video disc or other form of recording 27
from which a visual image can be produced. 28
"proceeding" means a proceeding before a court in relation to an offence or 29
before a justice taking an examination of witnesses for an indictable 30
offence, but does not include a proceeding for a charge of an offence 31
against a child. 32
s 165 92 s 166
Children and Families
"prohibited matter", for a child, means-- 1
(a) the child's name, address, school or place of employment, or 2
another particular likely to lead to the child's identification; or 3
(b) a photograph or film of the child or of someone else that is likely 4
to lead to the child's identification. 5
"report", of a proceeding, includes a report of part of the proceeding. 6
4--General 7
Division
of information by health service employees 8
Release
165. An officer, employee or agent of the department in which the 9
Health Services Act 1991 is administered may, for the purposes of this Act, 10
give the chief executive or the Childrens Court or an authorised officer or 11
police officer, information that-- 12
(a) is subject to confidentiality under the Health Services Act 1991, 13
section 63; and 14
(b) is relevant to the protection of a child. 15
PART 6--GENERAL 16
with provisions about service of documents etc. 17
Compliance
166.(1) This section applies if, under a provision of this Act, the chief 18
executive or an authorised officer or police officer is authorised or required 19
to explain the terms and effects of an order or declaration, or give 20
information or a notice, direction or other document, to-- 21
(a) a child; or 22
(b) a child's parents, each of a child's parents or at least 1 of a child's 23
parents; or 24
(c) a child's carer. 25
s 167 93 s 168
Children and Families
(2) The chief executive or officer need only comply with the provision to 1
the extent that is reasonably practicable in the circumstances. 2
(3) Without limiting subsection (2), it is not, for example, reasonably 3
practicable to comply with the provision in relation to a child's parents if, 4
after reasonable inquiries, the parents or their whereabouts cannot be 5
ascertained or, if ascertained, cannot be contacted. 6
(4) Also, so far as compliance relates to telling the child about a matter, 7
the chief executive or officer need only comply with the provision to the 8
extent that the chief executive or officer considers is appropriate in the 9
circumstances having regard to the child's age and ability to understand the 10
matter. 11
of powers and compliance with obligations by others 12
Exercise
167. If, under a provision of this Act, an authorised officer or police 13
officer is authorised or required to exercise a power or perform a function-- 14
(a) the power may be exercised or the function performed by another 15
authorised officer or police officer who could exercise or perform 16
a power or function of the same type; and 17
(b) the officer is taken to have complied with the provision. 18
from liability 19
Protection
168.(1) An official, does not incur civil liability for an act done, or 20
omission made, honestly and without negligence under this Act. 21
(2) If subsection (1) prevents a civil liability attaching to an official, the 22
liability attaches instead to the State. 23
(3) In this section-- 24
"official" means-- 25
(a) the chief executive; or 26
(b) an authorised officer or police officer; or 27
(b) a person acting under the direction of a person mentioned in 28
paragraph (a) or (b). 29
s 169 94 s 171
Children and Families
CHAPTER 8--MISCELLANEOUS 1
against appealable decisions 2
Appeals
169. An aggrieved person for an appealable decision may appeal to a 3
tribunal against the decision.26 4
powers 5
Regulation-making
170.(1) The Governor in Council may make regulations under this Act. 6
(2) A regulation may be made for or about the following-- 7
(a) the suitability of persons involved in, and the use of premises for, 8
providing care services; 9
(b) fees; 10
(c) the records to be kept and returns to be made by persons and the 11
inspection of records; 12
(d) the conduct of conferences and family meetings. 13
(3) A regulation may impose a penalty of not more than 20 penalty units 14
for contravention of a provision of a regulation. 15
to repealed Act 16
References
171. In an Act or document, a reference to the Children's Services Act 17
1965 may, if the context permits, be taken to be a reference to this Act. 18
26 Appeals are dealt with in the Children's Commissioner and Children's Services
Appeals Tribunals Act 1996, part 5.
s 172 95 s 174
Children and Families
HAPTER 9--REPEALS AND AMENDMENTS, 1
C
SAVINGS AND TRANSITIONAL PROVISIONS 2
ART 1--REPEALS AND AMENDMENTS 3
P
of Children's Services Act 1965 4
Repeal
172. The Children's Services Act 1965 is repealed. 5
amended 6
Acts
173. The Acts mentioned in schedule 1 are amended as shown in the 7
schedule. 8
ART 2--SAVINGS AND TRANSITIONAL 9
P
PROVISIONS 10
11
Definitions
174. In this part-- 12
"director" means the director under the repealed Act. 13
"existing care and protection order", for a child, means an order in force 14
immediately before the commencement-- 15
(a) under section 49(4)(a)(iii) of the repealed Act admitting the child 16
to the director's care and protection; or 17
(b) under section 61(4)(a)(iii) of the repealed Act admitting the child 18
to the director's care and control. 19
"existing supervision order", for a child, means an order in force 20
immediately before the commencement-- 21
(a) under section 49(4)(a)(ii) of the repealed Act ordering that the 22
s 175 96 s 175
Children and Families
director have protective supervision over and in relation to the 1
child; or 2
(b) under section 61(4)(a)(ii) of the repealed Act ordering the director 3
to exercise supervision over and in relation to the child. 4
"existing section 47 declaration", for a child, means a declaration in force 5
immediately before the commencement under section 47 of the 6
repealed Act admitting the child to the director's care and protection. 7
"existing section 134 declaration", for a child, means a declaration in 8
force immediately before the commencement under section 134(4) of 9
the repealed Act admitting the child to the director's care and 10
protection. 11
"repealed Act" means the Children's Services Act 1965. 12
section 47 declarations and care and protection orders 13
Existing
175.(1) An existing section 47 declaration or existing care and protection 14
order continues in force under this Act as if it were a child protection order 15
granting the chief executive custody of the child. 16
(2) An existing section 47 declaration, or existing care and protection 17
order made under 49(4)(a)(iii) of the repealed Act, and continued in force 18
under subsection (1) ends-- 19
(a) if, immediately before the commencement, the declaration or 20
order had been in force for more than 3 years--when the child 21
turns 18 years; or 22
(b) if, immediately before the commencement, the declaration or 23
order had been in force for 1 or more years but not more than 24
3 years--3 years after it was originally made or, if the child 25
earlier turns 18 years, when the child turns 18 years; or 26
(c) if, immediately before the commencement, the declaration or 27
order had been in force for less than 1 year--2 years after it was 28
originally made or, if the child earlier turns 18 years, when the 29
child turns 18 years. 30
(3) An existing care and protection order made under section 61(4)(a)(iii) 31
of the repealed Act and continued in force under subsection (1) ends 1 year 32
s 176 97 s 177
Children and Families
after the commencement or, if the child earlier turns 18 years, when the 1
child turns 18 years. 2
supervision orders 3
Existing
176.(1) An existing supervision order continues in force under this Act 4
as if it were a child protection order requiring the chief executive to 5
supervise the child's protection in relation to the matters stated in the order. 6
(2) An existing supervision order continued in force under subsection (1) 7
ends 1 year after the commencement or, if the child earlier turns 18 years, 8
when the child turns 18 years. 9
section 134 declarations 10
Existing
177.(1) On the day of the commencement, the chief executive must, by 11
written declaration, assume custody of each child the subject of an existing 12
section 134 declaration. 13
(2) The declaration may assume custody of the child for-- 14
(a) if the interstate order for the child states it ends after a stated 15
period--the lesser of-- 16
(i) the remainder of the stated period; or 17
(ii) 2 years; or 18
(b) if the interstate order for the child states it ends when the child 19
turns 18 years--not more than 2 years or, if the child earlier turns 20
18 years, until the child turns 18 years. 21
(3) On the making of the declaration, the interstate order is taken to be a 22
child protection order under the terms stated in the declaration. 23
(4) For subsection (3), the chief executive may declare the interstate order 24
applies to the chief executive's custody only to the extent, or with the 25
changes necessary, to make it consistent with this Act. 26
(5) To remove any doubt, it is declared that the declaration may be made 27
even if the interstate order has ended before the commencement. 28
(6) The declaration is taken-- 29
s 178 98 s 180
Children and Families
(a) to be a declaration under section 97;27 and 1
(b) to have had effect from the commencement. 2
institutions under repealed Act 3
Licensed
178.(1) A licence issued by the Minister under part 4 of the repealed Act 4
for an institution, and in force immediately before the commencement, 5
continues in force as if it were a licence to provide care services under this 6
Act. 7
(2) For this Act, the governing authority of the institution is taken to be 8
the licensee and the person in charge of the institution is taken to be the 9
nominee. 10
(3) A licence continued in force under subsection (1) ends on the 11
anniversary of its issue in the third year after the commencement. 12
foster parents 13
Approved
179.(1) The holder of an approval to act as a foster parent under part 10 14
of the repealed Act, and in force immediately before the commencement, 15
continues in force as if it were a certificate of approval as an approved care 16
provider under this Act. 17
(2) An approval continued in force under subsection (1) ends on the 18
anniversary of its issue in the second year after the commencement. 19
applications and proceedings for care and protection orders 20
Existing
180. An application under the repealed Act for an order that a child be 21
admitted to the chief executive's care and protection, and a proceeding in the 22
Childrens Court for the application, not finally dealt with at the 23
commencement, may be continued and dealt with under this Act as if it 24
were an application for a child protection order. 25
27 Section 97 (Transfers from other States)
s 181 99 s 181
Children and Families
to revoke or substitute certain orders under repealed Act 1
Applications
181.(1) In this section-- 2
"existing section 49 order", for a child, means an order in force 3
immediately before the commencement under section 49(4)(a)(ii) or 4
(iii) of the repealed Act-- 5
(a) ordering the chief executive have protective supervision over and 6
in relation to the child; or 7
(b) admitting the child to the chief executive's care and protection. 8
(2) An application under the repealed Act to revoke or substitute an 9
existing section 49 order for a child not finally dealt with at the 10
commencement may be continued and dealt with under this Act as if it were 11
an application to vary or revoke a child protection order for the child. 12
13
100
Children and Families
CHEDULE 1 1
¡S
PPEALABLE DECISIONS AND AGGRIEVED 2
A
PERSONS 3
section 169 and schedule 3, definitions "aggrieved person" and 4
"appealable decision" 5
Appealable decisions Aggrieved person
Directing a parent or child in The parent or child given the 6
relation to a supervision matter direction 7
stated in a child protection order 8
(section 63)
Not informing a child's parents of A parent given the notice 9
person in whose care the child is 10
and where the child is living 11
(section 66(2))
Refusing to allow, restricting, or A person affected by the decision 12
imposing conditions on, contact 13
between a child and the child's 14
parents or a member of the child's 15
family (section 66(4))
Arranging for an interstate welfare The child's parents, child or child's 16
authority to assume custody of a carer 17
child (section 100)
Refusing application for, or renewal The applicant or licensee 18
of, a licence (section 108)
Refusing application for, or renewal The applicant or certificate holder 19
of, a certificate of approval 20
(section 115)
Refusing an application for an The authority holder 21
amendment of authority 22
(section 116)
101
Children and Families
SCHEDULE 1 (continued)
Amending an authority The authority holder 1
(section 117)
Suspending or cancelling an The authority holder 2
authority (section 119)
3
102
Children and Families
CHEDULE 2 1
¡S
AMENDMENT OF ACTS 2
section 173 3
ADOPTION OF CHILDREN ACT 1964 4
´
1. Section 6, definition "Director"-- 5
omit, insert-- 6
` "director" means the chief executive of the department in which the 7
Children and Families Act 1997 is administered.'. 8
2. Section 19(7)-- 9
omit, insert-- 10
`(7) Despite section 23, if, under the Children and Families Act 1997, the 11
director has custody of a child, it is not necessary for the director's consent 12
to the child's adoption to be evidenced by an instrument of consent.'. 13
3. Section 20(3), from `Where' to `1965'-- 14
omit, insert-- 15
`If the director has custody of the child under a child protection order 16
under the Children and Families Act 1997,'. 17
4. Section 27(3)(a)-- 18
omit, insert-- 19
`(a) to a child in the director's custody under a child protection order 20
under the Children and Families Act 1997; or'. 21
103
Children and Families
SCHEDULE 2 (continued)
5. Section 27(4), from `a child in care'-- 1
omit, insert-- 2
`in the director's custody under a child protection order under the 3
Children and Families Act 1997.'. 4
6. After section 34-- 5
insert-- 6
`Effect of interim orders on custody orders 7
`34A.(1) If an interim order is made for a child for whom a custody 8
order is in force, the custody order does not have effect while the interim 9
order is in force. 10
`(2) In this section-- 11
"custody order", for a child, means a child protection order under the 12
Children and Families Act 1997 granting the director custody of the 13
child.'. 14
7. Section 35(1)-- 15
omit. 16
8. Section 62-- 17
omit. 18
HILD CARE ACT 1991 19
´C
1. Section 13(1)(b)-- 20
omit. 21
104
Children and Families
SCHEDULE 2 (continued)
2. Section 13(1)(c), `or (b)'-- 1
omit. 2
3. Section 13(1)(c)-- 3
renumber as section 13(1)(b). 4
4. Section 14(1)(g), after `1965,'-- 5
insert-- 6
`the Children and Families Act 1997,'. 7
5. Section 14(1)(h), after `1965'-- 8
insert-- 9
`, or an assessment order or child protection order under the Children 10
and Families Act 1997,'. 11
6. Section 32(2)(c), after `1965'-- 12
insert-- 13
`or an assessment order or child protection order has been made under 14
the Children and Families Act 1997.'. 15
CHILDREN'S COMMISSIONER AND CHILDREN'S 16
´
SERVICES APPEALS TRIBUNALS ACT 1996 17
1. After section 7-- 18
insert-- 19
105
Children and Families
SCHEDULE 2 (continued)
`Application of Financial Administration and Audit Act 1977 1
`7A. The commission is a statutory body under the Financial 2
Administration and Audit Act 1977.'. 3
2. Section 8(c), `foster homes'-- 4
omit, insert-- 5
`care services'. 6
3. Schedule, definition "children's services legislation", 7
paragraph (c)-- 8
omit, insert-- 9
`(c) Children and Families Act 1997; or'. 10
4. Schedule, definition "foster home"-- 11
omit. 12
5. Schedule, definition "reviewable decision", paragraph (c)"-- 13
omit, insert-- 14
`(c) an appealable decision under the Children and Families Act 15
1997.'. 16
HILDRENS COURT ACT 1992 17
´C
1. Section 3, definition "appellate court"-- 18
omit. 19
106
Children and Families
SCHEDULE 2 (continued)
2. Section 20(1)(g)-- 1
omit, insert-- 2
`(g) if the child is an Aboriginal or Torres Strait Islander-- 3
(i) a representative of an entity whose principal purpose is to 4
provide welfare services to Aboriginal and Torres Strait 5
Islander children and families; or 6
(ii) a representative of the recognised Aboriginal or Torres Strait 7
Islander agency for the child under the Children and 8
Families Act 1997; or'. 9
3. Section 20(2)(c), `Children's Services Act 1965, part 6 or 7'-- 10
omit, insert-- 11
`Children and Families Act 1997'. 12
4. Part 4A-- 13
omit. 14
5. After section 30-- 15
insert-- 16
`Transitional provision for Children and Families Act 1997 17
`31.(1) This section applies if, before the commencement of the Children 18
and Families Act 1997, chapter 3, part 328-- 19
(a) a person appealed, under part 4A, against a supervision order or 20
care order; and 21
(b) the appeal has not been finally decided. 22
`(2) The appeal may be dealt with under the Children and Families Act 23
28 Chapter 3 (Childrens court proceedings), part 3 (Court appeals)
107
Children and Families
SCHEDULE 2 (continued)
1997. 1
`(3) In this section-- 2
"care order" means an order under the Children's Services Act 1965, 3
section 49(4)(a)(iii) or section 61(4)(a)(iii).'. 4
"supervision order" means an order under the Children's Services Act 5
1965, section 49(4)(a)(ii) or section 61(4)(a)(ii).'. 6
COMMONWEALTH POWERS (FAMILY 7
´
LAW--CHILDREN) ACT 1990 8
1. Schedule 1, `Children's Services Act 1965"-- 9
omit, insert-- 10
`Children and Families Act 1997.'. 11
CRIMINAL CODE 12
´
1. Section 145A(b)-- 13
omit, insert-- 14
`(b) the custody of a child under a court assessment order or child 15
protection order under the Children and Families Act 1997.'. 16
108
Children and Families
SCHEDULE 2 (continued)
CRIMINAL LAW (REHABILITATION OF 1
´
OFFENDERS) ACT 1986 2
1. Section 9A, table, column 1, item 6(1)-- 3
omit, insert-- 4
`6.(1) A person registered, licensed or approved under the Child Care 5
Act 1991 or the Children and Families Act 1997; or'. 6
CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 7
´
1. Section 8(1)(c), `Children's Services Act 1965'-- 8
omit, insert-- 9
`Children and Families Act 1997'. 10
DRUGS MISUSE ACT 1986 11
´
1. Section 48(7), `Children's Services Act 1965, section 138"-- 12
omit, insert-- 13
`Children and Families Act 1997, sections 163 and 16429'. 14
29 Section 163 (Prohibition of publication of certain information for proceedings)
and section 164 (Restrictions on reporting certain court proceedings)
109
Children and Families
SCHEDULE 2 (continued)
VIDENCE ACT 1977 1
´E
1. Schedule 2, entry for `Children's Services Act 1965'-- 2
omit. 3
FAMILY SERVICES ACT 1987 4
´
1. Section 2-- 5
omit. 6
2. Section 4, definitions "certificate of approval", "criminal history", 7
"foster care", "foster care agent", "foster parent", "licensee", 8
"parent", "premises" and "residential care"-- 9
omit. 10
3. Section 4-- 11
insert-- 12
` "agent" means an agent under a contract entered into under section 9. 13
"honorary officer" means a person holding appointment as an honorary 14
officer under section 8.'. 15
4. Sections 6 and 7-- 16
omit. 17
110
Children and Families
SCHEDULE 2 (continued)
5. Section 10(1)(c) and (d)-- 1
omit, insert-- 2
`(c) an honorary officer; or 3
(d) an agent.'. 4
6. Section 11-- 5
omit, insert-- 6
`Advisory committees 7
`11.(1) The Minister may establish as many advisory committees as the 8
Minister considers appropriate for the administration of this Act. 9
`(2) An advisory committee has the functions the Minister decides. 10
`(3) A member of an advisory committee is entitled to be paid the fees 11
and allowances that may be decided by the Governor in Council.'. 12
7. Sections 12(1) and (2)-- 13
insert-- 14
`Maximum penalty--40 penalty units or 2 years imprisonment.'. 15
8. Section 12(2)(a) and (b), `, visiting justice'-- 16
omit. 17
9. Section 12(2), `, justice'-- 18
omit. 19
10. Section 56 to 58-- 20
omit. 21
111
Children and Families
SCHEDULE 2 (continued)
11. Section 59-- 1
omit, insert-- 2
`Evidentiary provisions 3
`59.(1) This section applies to a proceeding under or in relation to this 4
Act. 5
`(2) Unless a party, by reasonable notice, requires proof of-- 6
(a) the appointment of an honorary officer under this Act; or 7
(b) the authority of an honorary officer to do an act under this Act; 8
the appointment or authority must be presumed. 9
`(3) A signature purporting to be the signature of the chief executive or 10
an honorary officer is evidence of the signature it purports to be. 11
`(4) A certificate purporting to be signed by the chief executive stating a 12
stated document is a copy of a notice or approval given under this Act is 13
evidence of the matter.'. 14
12. After section 68-- 15
insert-- 16
`Numbering and renumbering of Act 17
`69. In the next reprint of this Act produced under the Reprints Act 1992, 18
the provisions of this Act must be numbered and renumbered as permitted 19
by the Reprints Act 1992, section 43.'. 20
REEDOM OF INFORMATION ACT 1992 21
´F
1. Schedule 1, `Children's Services Act 1965, section 144'-- 22
omit, insert-- 23
112
Children and Families
SCHEDULE 2 (continued)
`Children and Families Act 1997, section 158 (Confidentiality of 1
information obtained by persons involved in administration of Act)'. 2
EALTH ACT 1937 3
´H
1. Section 31A(9), from `affect'-- 4
omit, insert-- 5
`affect the Registration of Births, Deaths and Marriages Act 1962.'. 6
2. Section 100H(3), from `affect'-- 7
omit, insert-- 8
`affect the Registration of Births, Deaths and Marriages Act 1962.'. 9
MAINTENANCE ACT 1965 10
´
1. Section 9(3), from `part--' to `under the Children's Services Act 11
1965;'-- 12
omit, insert-- 13
`part for a child in custody,'. 14
2. Section 9(3), from `such a'-- 15
omit, insert-- 16
`a child in custody.'. 17
113
Children and Families
SCHEDULE 2 (continued)
3. Section 9-- 1
insert-- 2
`(4) In this section-- 3
"child in custody" means a child in the custody of the chief executive for 4
child protection under a court assessment order or child protection 5
order under the Children and Families Act 1997. 6
"chief executive for child protection" means the chief executive of the 7
department in which the Children and Families Act 1997 is 8
administered.'. 9
ENTAL HEALTH ACT 1974 10
´M
1. Section 52(1)(a), `, by virtue of a declaration made under section 47 11
of the Children's Services Act 1965,'-- 12
omit. 13
EGISTRATION OF BIRTHS, DEATHS AND 14
´R
MARRIAGES ACT 1962 15
1. Section 5(1)-- 16
insert-- 17
` "chief executive for child protection" means the chief executive of the 18
department within which the Children and Families Act 1997 is 19
administered.'. 20
2. Section 28(1), from `director within' to `director,'-- 21
omit, insert-- 22
`the chief executive for child protection is the guardian of the child under 23
114
Children and Families
SCHEDULE 2 (continued)
the Adoption of Children Act 1964 or has custody of the child under the 1
Children and Families Act 1997, that chief executive,'. 2
3. Section 28A(5)(c), from `director'-- 3
omit, insert-- 4
`chief executive for child protection;'. 5
4. Section 28A(5AA)(a)(i)-- 6
omit, insert-- 7
`(i) an authorised officer under the Children and Families Act 8
1997; or'. 9
SUCCESSION ACT 1981 10
´
1. Section 41(7), `director within the meaning of the Children's 11
Services Act 1965'-- 12
omit, insert-- 13
`the chief executive of the department in which the Children and 14
Families Act 1997 is administered'. 15
OUNG OFFENDERS (INTERSTATE TRANSFER) 16
´Y
ACT 1987 17
1. Section 3, definition "guardian", from `who but'-- 18
omit, insert-- 19
`(other than the permanent head) who, apart from the operation of the 20
Children and Families Act 1997, would in law be guardian of a child'. 21
115
Children and Families
SCHEDULE 2 (continued)
2. Section 3, definition "permanent head"-- 1
omit, insert-- 2
` "permanent head" means the chief executive of the department in which 3
the Children and Families Act 1997 is administered.'. 4
5
116
Children and Families
CHEDULE 3 1
¡S
ICTIONARY 2
D
section 3 3
"aggrieved person", for an appealable decision, means a person stated 4
opposite the decision in schedule 1. 5
"appealable decision" means a decision stated in schedule 1. 6
"appellate court" means-- 7
(a) for a decision on an application for a court assessment order or 8
child protection order-- 9
(i) if the decision was made by the Childrens Court constituted 10
by a judge--the Court of Appeal; or 11
(ii) if the decision was made by the Childrens Court constituted 12
in another way--the Childrens Court constituted by a judge; 13
or 14
(b) for a decision on an application for a temporary assessment 15
order--the Childrens Court constituted by a judge. 16
"appropriately qualified", for an officer or employee of the department to 17
whom a power under this Act may be delegated, includes having 18
qualifications, experience or standing appropriate to exercise the 19
power. 20
21
Example of `standing'--
22
An officer's classification level in the public service.
"approved care provider" means a person who holds a certificate of 23
approval as an approved care provider under this Act. 24
"approved form" means a form approved under section 134. 25
"approving entity" means-- 26
(a) for an application for, or renewal of, a licence--the chief 27
executive; or 28
117
Children and Families
SCHEDULE 3 (continued)
(b) for an amendment, suspension or cancellation of a licence--the 1
chief executive; or 2
(c) for an application for, or renewal of, a certificate of approval--the 3
chief executive or a licensee authorised under the licensee's 4
licence to exercise powers under chapter 5, part 2, divisions 3 5
and 4; or 6
(d) for an amendment, suspension or cancellation of a certificate of 7
approval--the entity that issued the certificate. 8
"assessment order" means a temporary or court assessment order. 9
"authorised officer" means a person holding office as an authorised 10
officer under an appointment under this Act. 11
"authority" means a licence or certificate of approval. 12
"carer", of a child, means the person in whose care the child has been 13
placed by the chief executive, and includes an approved care provider. 14
"certificate of approval" means a certificate of approval as an approved 15
care provider. 16
"child" see section 8. 17
"child in need of protection" see section 10. 18
"child protection order" means a child protection order under chapter 2, 19
part 4, and includes-- 20
(a) an order extending, varying or revoking a child protection order; 21
and 22
(b) an interim order in relation to a proceeding for a child protection 23
order. 24
"childrens commissioner" means the children's commissioner appointed 25
under the Children's Commissioner and Children's Services Appeals 26
Tribunals Act 1996. 27
"commission", of an offence, includes attempted commission of the 28
offence. 29
"contact", with a child, includes to see and talk to the child. 30
118
Children and Families
SCHEDULE 3 (continued)
"court assessment order" means an order under chapter 2, part 3, and 1
includes-- 2
(a) an order extending, varying or revoking a court assessment order; 3
and 4
(b) an interim order in relation to a proceeding for a court assessment 5
order. 6
"criminal history", of a person, means the person's criminal history 7
within the meaning of the Criminal Law (Rehabilitation of Offenders) 8
Act 1986 and, despite section 6 of that Act, includes a conviction to 9
which the section applies. 10
"departmental care service" means a care service established by the chief 11
executive to accommodate children in the chief executive's custody or 12
other children in need of protection. 13
"domestic violence history" , of a person, means the history of domestic 14
violence orders made against the person under the Domestic Violence 15
Act 1989. 16
"executive officer", of a corporation, means a person who is concerned 17
with, or takes part in, the corporation's management, whether or not 18
the person is a director or the person's position is given the name of 19
executive officer. 20
"guardian", of a child, means a person who is recognised in law as the 21
child's legal guardian. 22
"harm" see section 9. 23
"holder", of an authority, means-- 24
(a) for a licence--the licensee; or 25
(b) for a certificate of approval--the holder of the certificate. 26
"interim order" means an interim order under section 53.30 27
"interstate order", for a child, means an order made by a court in another 28
30 Section 53 (Court's powers to make interim orders on adjournment)
119
Children and Families
SCHEDULE 3 (continued)
State for the child. 1
"interstate welfare authority" means a government authority in another 2
State that, under a law of that State about the care or protection of 3
children, may be the guardian, or have the custody, of children. 4
"judge" means a Childrens Court judge. 5
"licence" means a licence to provide care services. 6
"licensed care service" means a service, operated under a licence, to 7
provide care for children in the chief executive's custody. 8
"licensed premises" means premises to which a licence relates. 9
"long-term custody", of a child under a child protection order, means 10
custody until the child turns 18 years. 11
"medical examination" means a physical, psychiatric, psychological or 12
dental examination or procedure, and includes forensic examination 13
and an examination carried out by a nursing or other health 14
professional. 15
"obstruct" includes hinder, resist and attempt to obstruct. 16
"order" means an assessment order or child protection order. 17
"parent" for-- 18
(a) chapter 2, part 2--see section 21; 19
(b) chapter 2, part 3--see section 31; 20
(c) chapter 2, part 4--see section 41; 21
(d) chapter 4--see section 96; 22
(e) other provisions--see section 10.31 23
"parties", to a proceeding on an application for an order, means the 24
31 In chapter 2 (Protection of children), part 2 (Temporary assessment orders),
part 3 (Court assessment orders) and part 4 (Child protection orders) and
chapter 4 (Interstate transfers of guardianship and custody of children), "parent"
has a narrower meaning. The meaning given the term in the provisions is the
same.
120
Children and Families
SCHEDULE 3 (continued)
applicant and the respondents. 1
"place" includes-- 2
(a) land or premises; and 3
(b) a vehicle, boat or aircraft. 4
"premises" includes-- 5
(a) a building or structure, or part of a building or structure; and 6
(b) land on which a building or structure is situated. 7
"protection", of a child, includes care of the child. 8
"reasonably believes" means believes on grounds that are reasonable in 9
the circumstances. 10
"reasonably suspects" means suspects on grounds that are reasonable in 11
the circumstances. 12
"recognised Aboriginal or Torres Strait Islander agency", for an 13
Aboriginal or Torres Strait Islander child, means an entity that, under 14
an agreement between the State and the entity, is the appropriate entity 15
to be consulted about the child's protection.32 16
"registrar", of the Childrens Court held at a place, includes the clerk of the 17
court at the place. 18
"service provider" means-- 19
(a) the chief executive of a department or an organisation involved in 20
the administration of this Act; or 21
(b) the chief executive of a department or an organisation involved in 22
providing services relating to the purpose of this Act. 23
"statement of standards" see section 101. 24
"suitable person" means-- 25
(a) for having the custody of a child--a person who is a suitable 26
32 Under the Acts Interpretation Act 1954, section 36, "entity" can be an individual,
a corporation or an unincorporated body.
121
Children and Families
SCHEDULE 3 (continued)
person under a regulation and agrees to accept the custody of the 1
child; or 2
(b) for having the daily care of a child--a person who is a suitable 3
person under a regulation; or 4
(c) for managing a licensed care service--a person who is a suitable 5
person under a regulation. 6
"temporary assessment order" means an order under chapter 2, part 2, 7
and includes an order extending a temporary assessment order. 8
"traffic history", of a person, means the history of contraventions for 9
which the person has been dealt with under the Traffic Act 1949, and 10
includes the recording of demerit points under that Act. 11
"tribunal" means a children services appeals tribunal established under the 12
Children's Commissioner and Children's Services Appeals Tribunals 13
Act 1996. 14
15
© State of Queensland 1997
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