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Queensland
CHILD PROTECTION
AMENDMENT BILL 2000
Queensland
CHILD PROTECTION AMENDMENT
BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 7 (Chief executive's functions) . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 17 (Contact with children in school, child care
centre, family day care etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Replacement of s 23 (Meaning of "parent" in pt 2) . . . . . . . . . . . . . . . . . . . 9
23 Meaning of "parent" in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 28 (Provisions of temporary assessment order) . . . . . . . . 9
8 Replacement of s 34 (Extension of temporary assessment orders) . . . . . . . 9
34 Extension of temporary assessment orders . . . . . . . . . . . . . . . . . . . . . 9
9 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
34A Variation of temporary assessment orders . . . . . . . . . . . . . . . . . . . . . 10
10 Replacement of s 36 (Meaning of "parent" in pt 3) . . . . . . . . . . . . . . . . . . . 10
36 Meaning of "parent" in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 40 (Notice of application) . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Amendment of s 44 (Provisions of court assessment order) . . . . . . . . . . . . . 11
13 Amendment of s 48 (Extension of court assessment orders) . . . . . . . . . . . . 11
14 Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
49A Effect of court assessment order on existing child
protection orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Replacement of s 50 (Meaning of "parent" in pt 4) . . . . . . . . . . . . . . . . . . . 12
50 Meaning of "parent" in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Child Protection Amendment
16 Amendment of s 57 (Making of child protection order) . . . . . . . . . . . . . . . . 12
17 Insertion of new s 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
57A Extraterritoriality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Replacement of s 58 (Provisions of child protection orders) . . . . . . . . . . . . 13
58 Provisions of child protection orders . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Amendment of s 62 (Variation and revocation of child protection
orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Amendment of s 65 (Court's other powers on adjournment of
proceedings for child protection orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Amendment of s 92 (Report about person's criminal history etc.) . . . . . . . 14
22 Amendment of s 94 (Carrying out medical examinations or treatment) . . . 14
23 Amendment of s 96 (Chief executive's custody or guardianship of
child continues pending decision on application for order) . . . . . . . . . . . . . 15
24 Amendment of ch 3 hdg (Childrens Court proceedings) . . . . . . . . . . . . . . . 15
25 Amendment of s 113 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Amendment of s 115 (How to start appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Omission of ch 4 (Interstate transfers of guardianship and custody
of children) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Amendment of s 143 (Inquiries about certain persons' suitability) . . . . . . . 16
29 Insertion of new ss 147A and 147B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
147A Regular inspections of licensed residential facilities . . . . . . . . . . . . 16
147B Obligation to report harm to children in residential care . . . . . . . . . 16
30 Replacement of ss 161 and 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
161 Offence to remove child from carer . . . . . . . . . . . . . . . . . . . . . . . . . . 17
161A Offence to remove child from carer--order made in
another State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
162 Offence to remove child from custody or guardianship . . . . . . . . . . 18
162A Offence to remove child from custody or
guardianship--order made in another State . . . . . . . . . . . . . . . . . . . . 18
31 Insertion of new ch 7, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 1A--PROSECUTION OF CERTAIN INTERSTATE OFFENCES
165A Consultation with chief executive before prosecution . . . . . . . . . . . 19
165B Person not to be prosecuted twice . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3
Child Protection Amendment
32 Insertion of new s 169A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
169A Interstate warrants--arrangements for apprehended child
until magistrate is available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Replacement of ch 7, pt 3 hdg (General powers of authorised officers) . . . 20
PART 3--GENERAL POWERS OF AUTHORISED OFFICERS
AND POLICE OFFICERS
34 Amendment of s 170 (Application of pt 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Amendment of ch 7, pt 3, div 2 hdg (Power of seizure of
authorised officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Amendment of s 171 (Power of seizure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Amendment of s 172 (Procedure after seizure of thing) . . . . . . . . . . . . . . . . 21
38 Amendment of ch 7, pt 3, div 3 hdg (Other powers of authorised
officers on entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
39 Amendment of s 175 (Power to photograph) . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Amendment of s 176 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 21
41 Amendment of s 180 (Confidentiality of notifiers of harm) . . . . . . . . . . . . . 22
42 Amendment of s 189 (Compliance with provisions about
explaining and giving documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
43 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
CHAPTER 7A--INTERSTATE TRANSFERS OF CHILD
PROTECTION ORDERS AND PROCEEDINGS
PART 1--PRELIMINARY
Division 1--Explanation, purpose and guiding principles
191A Explanation and purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
191B Further guiding principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--Interpretation provisions about child protection orders
191C References to Queensland orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
191D Reference to "child protection order" includes certain
orders of other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Corresponding laws of other States . . . . . . . . . . . . . . . . . . . . . . 25
191E Meaning of "law" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
191F Child welfare laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
191G Interstate laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4--Meaning of "parent"
191H Meaning of "parent" for ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4
Child Protection Amendment
PART 2--TRANSFER OF AN ORDER TO ANOTHER STATE
Division 1--Orders that may be transferred
191I Orders that may be transferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Administrative transfers
191J Chief executive may transfer order . . . . . . . . . . . . . . . . . . . . . . . . . . 27
191K Provisions of proposed interstate order . . . . . . . . . . . . . . . . . . . . . . . . 27
191L Persons whose consent is required . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
191M Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
191N Limited time for applying for judicial review . . . . . . . . . . . . . . . . . . 29
Division 3--Judicial transfers
191O Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
191P Procedural matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
191Q Court may transfer order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
191R Provisions of proposed interstate order . . . . . . . . . . . . . . . . . . . . . . . . 31
191S Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 4--Effect of transfer and registration
191T Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
191U Order ceases to have effect under this Act . . . . . . . . . . . . . . . . . . . . 32
191V Order may be revived under this Act . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 3--TRANSFER OF AN ORDER TO QUEENSLAND
191W Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
191X Chief executive's consent to transfer . . . . . . . . . . . . . . . . . . . . . . . . . 33
191Y Filing and registration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
191Z Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
191ZA Revocation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 4--TRANSFER OF PROCEEDINGS TO ANOTHER STATE
191ZB Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
191ZC Registrar to fix time and place for hearing . . . . . . . . . . . . . . . . . . . 36
191ZD Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
191ZE Court may transfer proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
191ZF Considerations for Childrens Court . . . . . . . . . . . . . . . . . . . . . . . . . . 36
191ZG Court may make interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5
Child Protection Amendment
191ZH Notice of decision to transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
191ZI Effect of registration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 5--TRANSFER OF PROCEEDINGS TO QUEENSLAND
191ZJ Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
191ZK Chief executive's consent to transfer . . . . . . . . . . . . . . . . . . . . . . . . 38
191ZL Filing and registration of interstate
transfer decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
191ZM Effect of registration of interstate
transfer decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
191ZN Effect of registration of associated
interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
191ZO Revocation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 6--MISCELLANEOUS
Division 1--Appeals
191ZP Appeal against decision of
Childrens Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
191ZQ Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 2--Court files
191ZR Transfer of court file . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 7--INTERSTATE TRANSFERS FOR
NON-PARTICIPATING STATES
191ZS Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
191ZT Transfer from a non-participating State . . . . . . . . . . . . . . . . . . . . . . 44
191ZU Notice of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
191ZV Transfer to a non-participating State . . . . . . . . . . . . . . . . . . . . . . . . 45
191ZW Effect of State becoming a
participating State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
44 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
193A Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 46
45 Amendment of ch 9 hdg (Repeals, savings and transitional provisions) . . 47
46 Omission of ch 9, pt 1 (Repeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
47 Omission of ch 9, pt 2 hdg (Savings and transitional provisions) . . . . . . . . 47
48 Amendment of s 196 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . . . . . . . . . 47
49 Amendment of s 197 (Existing section 47 declarations and care
and protection orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
6
Child Protection Amendment
50 Amendment of s 199 (Existing section 134 declarations) . . . . . . . . . . . . . . 48
51 Amendment of s 200 (Licensed institutions under repealed Act) . . . . . . . . 48
52 Amendment of s 201 (Approved foster parents) . . . . . . . . . . . . . . . . . . . . . . 49
53 Replacement of s 202 (Existing applications and proceedings for
care and protection orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
202 Existing applications and proceedings for care and
protection orders and care and control orders . . . . . . . . . . . . . . . . . . 49
54 Amendment of s 203 (Applications to revoke or substitute certain
orders under repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
55 Replacement of s 204 (Exemption from expiry of Children's
Services Regulation 1966) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
204 References to replaced Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
56 Insertion of new s 204A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
204A Amendment of Children's Services Act 1965 . . . . . . . . . . . . . . . . . . 50
57 Amendment of sch 2 (Appealable decisions and aggrieved persons) . . . . . 51
58 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 55
AMENDMENTS FOR OMISSION OF CHAPTER 7A, PART 7
2000
A BILL
FOR
An Act to amend the Child Protection Act 1999 to provide for
interstate transfers of certain orders and proceedings, and for
other purposes
s1 8 s5
Child Protection Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Child Protection Amendment Act 2000. 4
5
Commencement
Clause 2.(1) The schedule1 commences on a day to be fixed by proclamation. 6
(2) The Acts Interpretation Act 1954, section 15DA,2 does not apply to 7
the schedule. 8
amended 9
Act
Clause 3. This Act amends the Child Protection Act 1999. 10
of s 7 (Chief executive's functions) 11
Amendment
Clause 4. Section 7-- 12
insert-- 13
`(la) ensuring access by children in licensed residential facilities to 14
advocacy services and cooperating with the services to help 15
ensure that the children's concerns are dealt with; and'. 16
of s 17 (Contact with children in school, child care centre, 17
Amendment
family day care etc.) 18
Clause 5.(1) Section 17(1)(d), `lawfully enters'-- 19
1 Schedule (Amendments for omission of chapter 7A, part 7)
2 Acts Interpretation Act 1954, section 15DA (Automatic commencement of
postponed law)
s6 9 s8
Child Protection Amendment
omit, insert-- 1
`has lawfully entered, and is lawfully remaining at,'. 2
(2) Section 17(2), `, and remain in the school or place,'-- 3
omit. 4
of s 23 (Meaning of "parent" in pt 2) 5
Replacement
Clause 6. Section 23-- 6
omit, insert-- 7
of "parent" in pt 2 8
`Meaning
`23. In this part-- 9
"parent", of a child, means each of the following persons-- 10
(a) the child's guardian; 11
(b) a person with custody of the child; 12
(c) if the child is in a person's custody or guardianship under this 13
Act--anyone else who would be the child's guardian if the child 14
were not in the person's custody or guardianship under this Act.'. 15
of s 28 (Provisions of temporary assessment order) 16
Amendment
Clause 7. Section 28(2)-- 17
omit. 18
of s 34 (Extension of temporary assessment orders) 19
Replacement
Clause 8. Section 34-- 20
omit, insert-- 21
of temporary assessment orders 22
`Extension
`34.(1) An authorised officer or police officer may apply to a magistrate 23
for an order to extend the term of a temporary assessment order for a child. 24
`(2) This part applies, with all necessary changes, to the application as if 25
it were an application for a temporary assessment order. 26
s9 10 s 10
Child Protection Amendment
`(3) The magistrate may extend the temporary assessment order only if 1
the magistrate is satisfied the order has not ended. 2
`(4) The temporary assessment order may be extended until the end of 3
the next business day after it would have otherwise ended if the magistrate 4
is satisfied the officer intends to apply for a court assessment order or child 5
protection order for the child within the extended term. 6
`(5) Unless subsection (4) applies, the temporary assessment order may 7
not be extended to a time ending more than 3 days after the day it was 8
made. 9
`(6) A temporary assessment order may not be extended more than once 10
under subsection (4).'. 11
of new s 34A 12
Insertion
Clause 9. After section 34-- 13
insert-- 14
of temporary assessment orders 15
`Variation
`34A.(1) An authorised officer or police officer may apply to a 16
magistrate for an order to vary a temporary assessment order for a child. 17
`(2) This part applies, with all necessary changes, to the application as if 18
it were an application for a temporary assessment order.'. 19
of s 36 (Meaning of "parent" in pt 3) 20
Replacement
Clause 10. Section 36-- 21
omit, insert-- 22
of "parent" in pt 3 23
`Meaning
`36. In this part-- 24
"parent", of a child, means each of the following persons-- 25
(a) the child's guardian; 26
(b) a person with custody of the child; 27
(c) if the child is in a person's custody or guardianship under this 28
s 11 11 s 14
Child Protection Amendment
Act--anyone else who would be the child's guardian if the child 1
were not in the person's custody or guardianship under this Act.'. 2
of s 40 (Notice of application) 3
Amendment
Clause 11. Section 40(3)-- 4
omit, insert-- 5
`(3) Also, if the applicant is a police officer, the applicant must 6
immediately give a copy of the application to the chief executive. 7
`(4) A copy of the application served under this section must state-- 8
(a) when and where the application is to be heard; and 9
(b) for a copy served on a parent--that the application may be heard 10
and decided even though the parent does not appear in court.'. 11
of s 44 (Provisions of court assessment order) 12
Amendment
Clause 12. Section 44(2)-- 13
omit. 14
of s 48 (Extension of court assessment orders) 15
Amendment
Clause 13.(1) Section 48(2)-- 16
omit. 17
(2) Section 48(4)-- 18
omit, insert-- 19
`(4) The court may extend the term of the order only if the court is 20
satisfied-- 21
(a) the order has not ended; and 22
(b) the extension is in the child's best interests.'. 23
of new s 49A 24
Insertion
Clause 14. Chapter 2, part 3, after section 49-- 25
s 15 12 s 17
Child Protection Amendment
insert-- 1
of court assessment order on existing child protection orders 2
`Effect
`49A. If a court assessment order is made for a child for whom a child 3
protection order is already in force, the court assessment order prevails to 4
the extent of any inconsistency between the orders.'. 5
of s 50 (Meaning of "parent" in pt 4) 6
Replacement
Clause 15. Section 50-- 7
omit, insert-- 8
of "parent" in pt 4 9
`Meaning
`50. In this part-- 10
"parent", of a child, means each of the following persons-- 11
(a) the child's guardian; 12
(b) a person with custody of the child; 13
(c) if the child is in a person's custody or guardianship under this 14
Act--anyone else who would be the child's guardian if the child 15
were not in the person's custody or guardianship under this Act.'. 16
of s 57 (Making of child protection order) 17
Amendment
Clause 16.(1) Section 57(1)(e), `child's protection is unlikely to be ensured'-- 18
omit, insert-- 19
`protection sought to be achieved by the order is unlikely to be achieved'. 20
(2) Section 57(5), `interim order'-- 21
omit, insert-- 22
`interim order under section 64'. 23
of new s 57A 24
Insertion
Clause 17. After section 57-- 25
insert-- 26
s 18 13 s 18
Child Protection Amendment
1
`Extraterritoriality
`57A. To remove doubt, it is declared the Childrens Court may make a 2
child protection order even if the events causing the child to be a child in 3
need of protection happened outside Queensland, or partly in Queensland 4
and partly outside Queensland.'. 5
of s 58 (Provisions of child protection orders) 6
Replacement
Clause 18. Section 58-- 7
omit, insert-- 8
of child protection orders 9
`Provisions
`58. The Childrens Court may make any of the following child protection 10
orders it considers to be appropriate in the circumstances-- 11
(a) an order directing a parent of the child to do or refrain from doing 12
something directly related to the child's protection; 13
(b) an order directing a parent not to have contact, direct or indirect-- 14
(i) with the child; or 15
(ii) with the child other than when a stated person or a person of 16
a stated category is present; 17
(c) an order requiring the chief executive to supervise the child's 18
protection in relation to the matters stated in the order; 19
(d) an order granting custody of the child to-- 20
(i) a suitable person, other than a parent of the child, who is a 21
member of the child's family; or 22
(ii) the chief executive; 23
(e) an order granting short-term guardianship of the child to the chief 24
executive; 25
(f) an order granting long-term guardianship of the child to-- 26
(i) a suitable person, other than a parent of the child, who is a 27
member of the child's family; or 28
(ii) another suitable person, other than a member of the child's 29
s 19 14 s 22
Child Protection Amendment
family, nominated by the chief executive; or 1
(iii) the chief executive.'. 2
of s 62 (Variation and revocation of child protection 3
Amendment
orders) 4
Clause 19.(1) Section 62(2)(b)-- 5
omit. 6
(2) Section 62(8)-- 7
insert-- 8
` "child protection order" does not include an interim order under 9
section 64.3'. 10
of s 65 (Court's other powers on adjournment of 11
Amendment
proceedings for child protection orders) 12
Clause 20. Section 65(4)-- 13
omit, insert-- 14
`(4) Without limiting subsection (1)(c), an order mentioned in the 15
paragraph may limit the child's contact with the child's family or provide 16
for how the contact is to happen.'. 17
of s 92 (Report about person's criminal history etc.) 18
Amendment
Clause 21. Section 92(5), `Traffic Act 1949, section 14A'-- 19
omit, insert-- 20
`Transport Operations (Road Use Management) Act 1995, section 77'. 21
of s 94 (Carrying out medical examinations or treatment) 22
Amendment
Clause 22. Section 94(6), after `because of subsection (1)(a)'-- 23
insert-- 24
3 Section 64 (Court's powers to make interim orders on adjournment)
s 23 15 s 26
Child Protection Amendment
`or because of an order mentioned in subsection (1)(b) that is an 1
assessment order'. 2
of s 96 (Chief executive's custody or guardianship of 3
Amendment
child continues pending decision on application for order) 4
Clause 23.(1) Section 96, heading, `Chief executive's custody'-- 5
omit, insert-- 6
`Custody'. 7
(2) Section 96(1)-- 8
omit, insert-- 9
`96.(1) This section applies if-- 10
(a) a child is in the chief executive's custody or guardianship, or the 11
custody of a member of the child's family, under an order; and 12
(b) before the order ends, an application is made for the extension of 13
the order or for another order.'. 14
of ch 3 hdg (Childrens Court proceedings) 15
Amendment
Clause 24. Chapter 3, heading, `CHILDRENS'-- 16
omit. 17
of s 113 (Costs) 18
Amendment
Clause 25. Section 113, `, other than the child,'-- 19
omit. 20
of s 115 (How to start appeal) 21
Amendment
Clause 26. Section 115(2)-- 22
omit. 23
s 27 16 s 29
Child Protection Amendment
of ch 4 (Interstate transfers of guardianship and custody of 1
Omission
children) 2
Clause 27. Chapter 4-- 3
omit. 4
of s 143 (Inquiries about certain persons' suitability) 5
Amendment
Clause 28. Section 143(5), `Traffic Act 1949, section 14A'-- 6
omit, insert-- 7
`Transport Operations (Road Use Management) Act 1995, section 77'. 8
of new ss 147A and 147B 9
Insertion
Clause 29. Chapter 5, after section 147-- 10
insert-- 11
inspections of licensed residential facilities 12
`Regular
`147A. The chief executive must regularly inspect each licensed 13
residential facility to assess whether the care provided to children in the 14
facility meets the standards of care in the statement of standards. 15
to report harm to children in residential care 16
`Obligation
`147B.(1) If a responsible person becomes aware, or reasonably 17
suspects, that harm has been caused to a child in residential care, the person 18
must, unless the person has a reasonable excuse, report the harm, or 19
suspected harm, to the chief executive-- 20
(a) immediately; and 21
(b) if a regulation is in force under subsection (2), in accordance with 22
the regulation. 23
Maximum penalty--20 penalty units. 24
`(2) A regulation may prescribe the way the report must be given or the 25
particulars that the report must include. 26
`(3) It is a reasonable excuse for the person not to report a matter that 27
s 30 17 s 30
Child Protection Amendment
reporting the matter might tend to incriminate the person. 1
`(4) Subsection (1) does not apply if the person knows, or reasonably 2
supposes, that the chief executive is aware of the harm or suspected harm. 3
`(5) In this section-- 4
"child in residential care" means a child who is-- 5
(a) in the care of a departmental care service; or 6
(b) residing in a licensed residential facility. 7
"responsible person" means-- 8
(a) an authorised officer; or 9
(b) an officer or employee of the department involved in 10
administering this Act; or 11
(c) a person employed in a licensed care service.'. 12
of ss 161 and 162 13
Replacement
Clause 30. Sections 161 and 162-- 14
omit, insert-- 15
to remove child from carer 16
`Offence
`161.(1) This section applies if a child is in the chief executive's custody 17
or guardianship under an assessment order or child protection order. 18
`(2) A person must not-- 19
(a) unlawfully remove the child from the care of the child's carer; or 20
(b) if the child has been unlawfully removed from the care of the 21
child's carer--keep the child. 22
Maximum penalty--150 penalty units or 18 months imprisonment. 23
`(3) Subsection (2) applies whether the removal or keeping of the child is 24
carried out within or outside Queensland. 25
to remove child from carer--order made in another State 26
`Offence
`161A.(1) This section applies if a child is in the custody or guardianship 27
s 30 18 s 30
Child Protection Amendment
of the interstate officer for another State under an order made under a child 1
welfare law or interstate law of that State. 2
`(2) A person must not, in Queensland-- 3
(a) unlawfully remove the child from the care of the child's carer; or 4
(b) if the child has been unlawfully removed from the care of the 5
child's carer--keep the child. 6
Maximum penalty--150 penalty units or 18 months imprisonment. 7
to remove child from custody or guardianship 8
`Offence
`162.(1) This section applies if a child is in the custody or guardianship 9
of a person (the "first person") under this Act. 10
`(2) A person must not-- 11
(a) unlawfully remove the child from the first person's custody or 12
guardianship; or 13
(b) if the child has been unlawfully removed from the first person's 14
custody or guardianship--keep the child. 15
Maximum penalty--150 penalty units or 18 months imprisonment. 16
`(3) Subsection (2) applies whether the removal or keeping of the child is 17
carried out within or outside Queensland. 18
to remove child from custody or guardianship--order made 19
`Offence
in another State 20
`162A.(1) This section applies if a child is in the custody or guardianship 21
of a person (the "first person") under an order made under a child welfare 22
law or interstate law of another State. 23
`(2) A person must not, in Queensland-- 24
(a) unlawfully remove the child from the first person's custody or 25
guardianship; or 26
(b) if the child has been unlawfully removed from the first person's 27
custody or guardianship--keep the child. 28
Maximum penalty--150 penalty units or 18 months imprisonment.'. 29
s 31 19 s 31
Child Protection Amendment
of new ch 7, pt 1A 1
Insertion
Clause 31. After section 165-- 2
insert-- 3
`PART 1A--PROSECUTION OF CERTAIN 4
INTERSTATE OFFENCES 5
with chief executive before prosecution 6
`Consultation
`165A.(1) This section applies to-- 7
(a) an offence against section 161 or 1624 relating to the unlawful 8
removal or keeping of a child in another State; or 9
(b) an offence against section 161A or 162A.5 10
`(2) A person must consult with the chief executive before starting 11
proceedings against a person for the offence. 12
`(3) However, subsection (2) does not apply to a police officer starting 13
proceedings against a person for the offence by arresting the person if the 14
police officer believes, in the circumstances, it is reasonably necessary to 15
arrest the person without first consulting with the chief executive. 16
`(4) If a police officer starts proceedings under subsection (3) by 17
arresting a person without first consulting with the chief executive, the 18
officer must notify the chief executive as soon as practicable after the arrest. 19
`(5) Failure to comply with subsection (2) or (4) in relation to 20
proceedings does not affect the validity of the proceedings. 21
not to be prosecuted twice 22
`Person
`165B. If a person has been convicted, found guilty or acquitted of an 23
offence against a child welfare law or interstate law of another State for an 24
4 Section 161 (Offence to remove child from carer) or 162 (Offence to remove
child from custody or guardianship)
5 Section 161A (Offence to remove child from carer--order made in another
State) or 162A (Offence to remove child from custody or guardianship--order
made in another State)
s 32 20 s 34
Child Protection Amendment
act or omission of the person, the person may not be prosecuted for an 1
offence against this Act for the same act or omission.'. 2
of new s 169A 3
Insertion
Clause 32. Chapter 7, part 2, after section 169-- 4
insert-- 5
warrants--arrangements for apprehended child until 6
`Interstate
magistrate is available 7
`169A.(1) This section applies if a police officer apprehends a child 8
under a warrant issued in another State under a child welfare law of that 9
State. 10
`(2) The officer may arrange for the child's safe care until it is practicable 11
to take the child before a magistrate and, in making the arrangements, may 12
use any help provided by the chief executive. 13
14
Example--
15
With the chief executive's help, the officer may arrange for the child to be cared
16
for by an approved foster carer until it is practicable to take the child before a
17
magistrate.'.
of ch 7, pt 3 hdg (General powers of authorised officers) 18
Replacement
Clause 33. Chapter 7, part 3, heading-- 19
omit, insert-- 20
`PART 3--GENERAL POWERS OF AUTHORISED 21
OFFICERS AND POLICE OFFICERS'. 22
of s 170 (Application of pt 3) 23
Amendment
Clause 34. Section 170, after `authorised officer'-- 24
insert-- 25
`or police officer'. 26
s 35 21 s 40
Child Protection Amendment
of ch 7, pt 3, div 2 hdg (Power of seizure of authorised 1
Amendment
officers) 2
Clause 35. Chapter 7, part 3, division 2, heading, `of authorised officers'-- 3
omit. 4
of s 171 (Power of seizure) 5
Amendment
Clause 36. Section 171, `authorised'-- 6
omit. 7
of s 172 (Procedure after seizure of thing) 8
Amendment
Clause 37. Section 172(1), `authorised'-- 9
omit. 10
of ch 7, pt 3, div 3 hdg (Other powers of authorised 11
Amendment
officers on entry) 12
Clause 38. Chapter 7, part 3, division 3, heading, `of authorised officers'-- 13
omit. 14
of s 175 (Power to photograph) 15
Amendment
Clause 39. Section 175, `authorised'-- 16
omit. 17
of s 176 (Evidentiary provisions) 18
Amendment
Clause 40. Section 176-- 19
insert-- 20
`(5) A document purporting to be the consent of an interstate officer or a 21
delegate of an interstate officer, or purporting to be a copy of the consent of 22
an interstate officer or a delegate of an interstate officer, is evidence of the 23
consent.'. 24
s 41 22 s 43
Child Protection Amendment
of s 180 (Confidentiality of notifiers of harm) 1
Amendment
Clause 41.(1) Section 180(2)(a), `this Act'-- 2
omit, insert-- 3
`this Act or a child welfare law or interstate law of another State'. 4
(2) Section 180(2)(c), `by way of evidence given'-- 5
omit, insert-- 6
`in evidence'. 7
of s 189 (Compliance with provisions about explaining 8
Amendment
and giving documents) 9
Clause 42. Section 189-- 10
insert-- 11
`(1A) Also, this section applies if, under a provision of chapter 7A, the 12
chief executive is required to obtain the consent of a parent.'. 13
of new ch 7A 14
Insertion
Clause 43. After section 191-- 15
insert-- 16
HAPTER 7A--INTERSTATE TRANSFERS OF 17
`C
CHILD PROTECTION ORDERS AND 18
PROCEEDINGS 19
`PART 1--PRELIMINARY 20
`Division 1--Explanation, purpose and guiding principles 21
and purpose 22
`Explanation
`191A.(1) Chapter 2 provides for the making of child protection orders 23
and the conduct of child protection proceedings in the Childrens Court. 24
s 43 23 s 43
Child Protection Amendment
`(2) Laws of other States and New Zealand provide for similar orders 1
and proceedings. 2
`(3) The purpose of this chapter is to provide for the transfer of the 3
orders and proceedings between Queensland and other States, and between 4
Queensland and New Zealand-- 5
(a) so that children in need of protection may be protected if they 6
move from one jurisdiction to another; and 7
(b) so that proceedings relating to the protection of a child may be 8
decided, in a timely and expeditious way, in a court in the most 9
appropriate jurisdiction. 10
`(4) The transfer of an order from one jurisdiction to another enables the 11
law of the receiving jurisdiction to provide for the administration and 12
enforcement of the order as if it were made in the receiving jurisdiction. 13
`(5) Similarly, the transfer of a proceeding from one jurisdiction to 14
another enables the law of the receiving jurisdiction to provide for the 15
proceeding to be heard and decided as if it had been started there. 16
guiding principle 17
`Further
`191B.(1) This chapter must be administered under the principle that it is 18
desirable for an order relating to the protection of a child to have effect, and 19
to be enforced, in the State in which the child resides. 20
`(2) In exercising its jurisdiction or powers under this chapter, the 21
Childrens Court must observe the principle mentioned in subsection (1). 22
`(3) This section does not limit section 5 or 101.6 23
2--Interpretation provisions about child protection orders 24
`Division
to Queensland orders 25
`References
`191C. If a child protection order is in force under this Act-- 26
6 Section 5 (Principles for administration of Act) or 101 (Court's paramount
consideration)
s 43 24 s 43
Child Protection Amendment
(a) the order as in force in Queensland is referred to in this chapter as 1
the "home order"; and 2
(b) the order in the form in which it is proposed to be transferred to 3
another State under this chapter is referred to in this chapter as the 4
"proposed interstate order". 5
to "child protection order" includes certain orders of other 6
`Reference
States 7
`191D.(1) This chapter uses the term `child protection order' to refer not 8
only to orders made under this Act, but also to certain orders made under 9
the laws of other States. 10
`(2) Specifically, an order made under a child welfare law, or interstate 11
law, of a participating State is a "child protection order" for this chapter 12
if-- 13
(a) the order provides-- 14
(i) for the guardianship, custody or supervision of a child; or 15
(ii) for contact with a child; or 16
(iii) that a parent of the child must do or refrain from doing 17
something directly related to the child's protection; and 18
(b) the order is made in favour of, or gives responsibility to, any of 19
the following entities of the participating State-- 20
(i) a government department or statutory authority; 21
(ii) a person who is head of, is employed in, or otherwise holds 22
an office or other position in, a government department or 23
statutory authority; 24
(iii) an organisation or the chief executive of an organisation, 25
whether or not the person's position is given the name of 26
chief executive; and 27
(c) the order is not made on an interim basis or for the purpose of 28
assessing a child's protective needs. 29
`(3) A reference in this chapter to a child protection order, if the order is 30
made under a law of another State-- 31
s 43 25 s 43
Child Protection Amendment
(a) is a reference to the order in the form in which it is transferred, or 1
proposed to be transferred, to Queensland; and 2
(b) includes a reference to a document, prepared under the law of the 3
other State, stating the conditions applying to the order on its 4
transfer to Queensland. 5
3--Corresponding laws of other States 6
´`Division
of "law" for div 3 7
`Meaning
`191E.(1) In this division-- 8
"law" includes part of a law. 9
`(2) Also, for the application of the Acts Interpretation Act 1954, 10
section 14H7 to a regulation made under this division, the definition "law" 11
for that section includes a law of New Zealand. 12
welfare laws 13
`Child
`191F. A regulation may declare a law of another State about the 14
protection of children to be a child welfare law of that State. 15
laws 16
`Interstate
`191G.(1) If the Minister is satisfied a law of another State substantially 17
corresponds to this chapter, the Minister may recommend that the Governor 18
in Council-- 19
(a) declare the law to be an interstate law of that State; and 20
(b) declare that State to be a participating State; and 21
(c) declare the holder (from time to time) of a stated office to be the 22
interstate officer for that State. 23
`(2) The Governor in Council may make the declaration by regulation. 24
7 Acts Interpretation Act 1954, section 14H (References taken to be included in
citation of law)
s 43 26 s 43
Child Protection Amendment
`Division 4--Meaning of "parent" 1
of "parent" for ch 7A 2
`Meaning
`191H. In this chapter-- 3
"parent", of a child, means-- 4
(a) other than in part 7-- 5
(i) the child's guardian; 6
(ii) a person with custody of the child; 7
(iii) if the child is in a person's custody or guardianship under 8
this Act--anyone else who would be the child's guardian if 9
the child were not in the person's custody or guardianship 10
under this Act; or 11
(b) in part 7--a parent as defined in section 191ZS.8 12
ART 2--TRANSFER OF AN ORDER TO ANOTHER 13
`P
STATE 14
1--Orders that may be transferred 15
`Division
that may be transferred 16
`Orders
`191I. A child protection order in force under this Act may be transferred 17
to a participating State under this part, unless the order is-- 18
(a) an interim order under section 64; or 19
(b) an order granting long term guardianship of a child to someone 20
other than the chief executive. 21
8 Section 191ZS (Definitions for pt 7)
s 43 27 s 43
Child Protection Amendment
2--Administrative transfers 1
`Division
executive may transfer order 2
`Chief
`191J.(1) The chief executive may transfer a child protection order to a 3
participating State if-- 4
(a) the chief executive is satisfied an order to the same or a similar 5
effect as the home order could be made under a child welfare law 6
of that State; and 7
(b) the home order is not the subject of an appeal under chapter 3, 8
part 49 and, if no appeal has been started, the time for starting an 9
appeal has expired; and 10
(c) the home order is not the subject of an application under 11
section 62;10 and 12
(d) the interstate officer for that State has given written consent to the 13
transfer and to the provisions of the proposed interstate order; and 14
(e) each person whose consent to the transfer is required under 15
section 191L has consented; and 16
(f) the chief executive has given the notices required under 17
section 191M. 18
`(2) For subsection (1)(a), in deciding whether an order to the same or a 19
similar effect as the home order could be made under a child welfare law of 20
the participating State, the chief executive must not take into account the 21
period for which an order of that type could have been made in that State. 22
of proposed interstate order 23
`Provisions
`191K.(1) The provisions of the proposed interstate order are the 24
provisions decided by the chief executive under this section. 25
`(2) Before transferring the child protection order, the chief executive 26
may vary the home order in a way that the chief executive is satisfied is 27
reasonably necessary because of the transfer. 28
9 Chapter 3 (Court proceedings), part 4 (Court appeals)
10 Section 62 (Variation and revocation of child protection orders)
s 43 28 s 43
Child Protection Amendment
1
Example--
2
A child protection order is made under chapter 2, part 4, granting short-term
3
guardianship of a child to the chief executive.
4
The child moves to Victoria. The chief executive decides to transfer the order to
5
Victoria. In deciding the provisions of the proposed interstate order, the chief
6
executive varies the home order so that it grants short-term guardianship of the
7
child to the interstate officer for Victoria.
`(3) The proposed interstate order-- 8
(a) must be of the same or a similar effect as the home order; and 9
(b) may only include provisions that could be included in an order of 10
that type under a child welfare law of the participating State. 11
`(4) The chief executive must state in the proposed interstate order the 12
time for which it is to have effect in the participating State. 13
`(5) The stated time must be the lesser of-- 14
(a) the time for which the home order would have effect if it were not 15
transferred to that State; and 16
(b) the maximum time for which an order of that type, made under a 17
child welfare law of that State, could be given effect. 18
whose consent is required 19
`Persons
`191L.(1) The order may not be transferred unless all the following 20
persons give written consent to the transfer and to the provisions of the 21
proposed interstate order-- 22
(a) the child's parents; 23
(b) if the child is at least 12 years, the child; 24
(c) if the child is in the care of a carer who has moved, or is moving, 25
with the child to the participating State, the carer. 26
`(2) Before obtaining a person's consent under subsection (1), the chief 27
executive must-- 28
(a) tell the person why the chief executive considers it is appropriate 29
to transfer the order; and 30
s 43 29 s 43
Child Protection Amendment
(b) explain to the person the terms and effect of the proposed 1
interstate order. 2
of decision 3
`Notice
`191M.(1) If the chief executive decides to transfer the order, the chief 4
executive must give a written notice of the decision and a copy of the 5
proposed interstate order to each of the following persons-- 6
(a) the child; 7
(b) each person whose consent to the transfer is required; 8
(c) anyone else who the chief executive considers ought to be notified 9
of the decision. 10
`(2) The notice must be given within 3 days after the day the decision is 11
made (the "decision day"). 12
`(3) The notice must-- 13
(a) state the decision day; and 14
(b) state that anyone who wishes to make a judicial review 15
application in relation to the decision must make the application, 16
and give notice of the application to the chief executive, within 17
28 days after the decision day. 18
time for applying for judicial review 19
`Limited
`191N.(1) Despite the Judicial Review Act 1991, sections 26 and 46,11 a 20
person may only make a judicial review application in relation to the 21
decision to transfer the order within 28 days after the decision day. 22
`(2) The Supreme Court may not extend the time stated in this section for 23
making the application. 24
`(3) The application is taken not to have been made until notice of the 25
application is given to the chief executive. 26
`(4) The application stays the operation of the chief executive's decision. 27
11 Judicial Review Act 1991, sections 26 (Period within which application must be
made) and 46 (Time of making application)
s 43 30 s 43
Child Protection Amendment
`Division 3--Judicial transfers 1
for transfer 2
`Application
`191O. The chief executive may apply to the Childrens Court for an 3
order transferring a child protection order to a participating State. 4
matters 5
`Procedural
`191P. The following provisions apply to the application as if any 6
reference in the provisions to a child protection order were a reference to an 7
order transferring a child protection order to a participating State-- 8
· section 52(2) 9
· sections 53 to 56 10
· chapter 2, part 5 11
· chapter 3, parts 1 to 3. 12
may transfer order 13
`Court
`191Q. On receiving the application, the Childrens Court may order the 14
transfer of the child protection order to the participating State if-- 15
(a) the home order is not the subject of an appeal under chapter 3, 16
part 412 and, if no appeal has been started, the time for starting an 17
appeal has expired; and 18
(b) the interstate officer for that State has given written consent to the 19
transfer and to the provisions of the proposed interstate order; and 20
(c) a family meeting has been held or reasonable attempts to hold a 21
family meeting have been made; and 22
(d) if the application is contested, a conference between the parties 23
has been held or reasonable attempts to hold a conference have 24
been made; and 25
12 Chapter 3 (Court proceedings), part 4 (Court appeals)
s 43 31 s 43
Child Protection Amendment
(e) the child's wishes or views, if able to be ascertained, have been 1
made known to the court. 2
of proposed interstate order 3
`Provisions
`191R.(1) If the Childrens Court decides to order the transfer of the child 4
protection order to the participating State, it must decide the provisions of 5
the proposed interstate order. 6
`(2) The court must be satisfied-- 7
(a) the proposed interstate order is an order that could be made under 8
a child welfare law of that State; and 9
(b) the protection sought to be achieved by the proposed interstate 10
order is unlikely to be achieved by an order on less intrusive 11
terms; and 12
(c) the proposed interstate order-- 13
(i) is of the same or a similar effect as the home order; or 14
(ii) is otherwise in the child's best interests. 15
`(3) In deciding the provisions of the proposed interstate order, the court 16
must-- 17
(a) decide the time for which it would be appropriate for the 18
proposed interstate order to have effect in the participating State; 19
and 20
(b) state the time in the proposed interstate order. 21
`(4) The stated time must not be more than the maximum time for which 22
an order of that type, made under a child welfare law of that State, could be 23
given effect in that State. 24
`(5) In deciding whether the proposed interstate order is of the same or a 25
similar effect as the home order, the court must not take into account the 26
time for which the proposed interstate order is to have effect in the 27
participating State. 28
s 43 32 s 43
Child Protection Amendment
of decision 1
`Notice
`191S.(1) This section applies if the court decides the application by 2
ordering the transfer of the child protection order. 3
`(2) As soon as practicable after the court makes the decision, the chief 4
executive must give to each party to the proceeding for the application-- 5
(a) a copy of the court's order; and 6
(b) a written notice-- 7
(i) explaining the terms and effect of the court's order; and 8
(ii) stating that the party may appeal against the decision within 9
10 business days after the party receives the notice; and 10
(iii) stating how to appeal. 11
`Division 4--Effect of transfer and registration 12
of div 4 13
`Application
`191T. This division applies if a child protection order is transferred to a 14
participating State under this part and registered under an interstate law of 15
that State. 16
ceases to have effect under this Act 17
`Order
`191U. The order ceases to have effect under this Act. 18
may be revived under this Act 19
`Order
`191V.(1) If the registration of the order is revoked under an interstate 20
law of the participating State before its original expiry day, the home order 21
resumes having effect under this Act until its original expiry day. 22
`(2) The home order does not resume having effect under this Act if-- 23
(a) the transferred order (rather than its registration) is revoked under 24
a child welfare law of that State; or 25
(b) the transferred order expires. 26
s 43 33 s 43
Child Protection Amendment
`(3) In this section-- 1
"original expiry day", of an order, means the day the order would cease to 2
have effect under this Act if it were not transferred under this part. 3
`PART 3--TRANSFER OF AN ORDER TO 4
QUEENSLAND 5
of pt 3 6
`Application
`191W. This part applies to the transfer of a child protection order to 7
Queensland, from a participating State, under an interstate law of that State. 8
executive's consent to transfer 9
`Chief
`191X.(1) The order may not be transferred to Queensland unless the 10
chief executive gives written consent to the transfer and to the provisions of 11
the order. 12
`(2) The chief executive must give the required consent, if asked by the 13
interstate officer for the participating State, unless the chief executive is 14
satisfied-- 15
(a) the order includes a provision that may not be included in an 16
order made under chapter 2, part 4;13 or 17
(b) the transfer or the provisions of the order would not be in the 18
child's best interests. 19
and registration of order 20
`Filing
`191Y.(1) This section applies if-- 21
(a) the chief executive gives written consent to the transfer and to the 22
provisions of the order; and 23
(b) the chief executive is satisfied that, under the interstate law-- 24
13 Chapter 2 (Protection of children), part 4 (Child protection orders)
s 43 34 s 43
Child Protection Amendment
(i) the period for appealing, or applying for review of, the 1
interstate transfer decision relating to the transfer has 2
expired; and 3
(ii) the decision is not the subject of an appeal or application for 4
review; and 5
(iii) the decision is not stayed. 6
`(2) As soon as practicable after receiving a copy of the order, the chief 7
executive must file the copy in the Childrens Court. 8
`(3) On the filing of the copy, the registrar of the court must register the 9
order. 10
`(4) Immediately after registering the order, the registrar must notify the 11
interstate officer for the participating State and the registrar of the Childrens 12
Court in that State. 13
of registration 14
`Effect
`191Z.(1) The order is taken to be a child protection order of the 15
Childrens Court in Queensland made on the day of its registration, except 16
for the purposes of an appeal against the order. 17
`(2) Without limiting subsection (1), the order may be enforced, varied, 18
revoked, or extended in operation, as if it had been made under chapter 2, 19
part 4.14 20
of registration 21
`Revocation
`191ZA.(1) Any of the following persons may apply to the Childrens 22
Court to revoke the registration of the order-- 23
(a) the chief executive; 24
(b) the child the subject of the order; 25
(c) a parent of the child; 26
(d) a party to a proceeding in which the interstate transfer decision 27
was made. 28
14 Chapter 2 (Protection of children), part 4 (Child protection orders)
s 43 35 s 43
Child Protection Amendment
`(2) The registrar must immediately give a copy of the application to-- 1
(a) the interstate officer for the participating State; and 2
(b) each person mentioned in subsection (1). 3
`(3) The court may grant the application and revoke the registration only 4
if it is satisfied that, when the order was registered-- 5
(a) the period for appealing, or applying for review of, the interstate 6
transfer decision had not expired; or 7
(b) the decision was the subject of an appeal or application for 8
review; or 9
(c) the decision was stayed. 10
`(4) Immediately after the registration of the order is revoked, the 11
registrar must-- 12
(a) notify the interstate officer for the participating State and the 13
registrar of the Childrens Court in that State; and 14
(b) return the copy of the order that was filed in the court under 15
section 191Y. 16
`(5) Revocation of the registration of the order does not prevent a re- 17
registration of the order. 18
`PART 4--TRANSFER OF PROCEEDINGS TO 19
ANOTHER STATE 20
for transfer 21
`Application
`191ZB.(1) If there is a child protection proceeding pending in the 22
Childrens Court, an authorised officer may apply to the court for an order 23
transferring the proceeding to the Childrens Court in a participating State. 24
`(2) The application must-- 25
(a) state the grounds on which it is made; and 26
(b) state the nature of the order sought; and 27
s 43 36 s 43
Child Protection Amendment
(c) comply with applicable rules of court; and 1
(d) be filed in the court. 2
to fix time and place for hearing 3
`Registrar
`191ZC. When the application is filed, the registrar of the Childrens 4
Court must immediately fix the time and place for hearing the application 5
having regard to the principle that it is in the best interests of the child for 6
the application to be heard as early as possible. 7
of application 8
`Notice
`191ZD.(1) As soon as practicable after the application is filed, the 9
applicant must-- 10
(a) personally serve a copy of it on each of the child's parents; and 11
(b) tell the child about the application.15 12
`(2) However, if it is not practicable to serve the copy personally, a copy 13
of the application may be served on a parent by leaving it at, or by sending it 14
by post to, the parent's residential address last known to the applicant. 15
`(3) The copy of the application served under this section must state-- 16
(a) when and where the application is to be heard; and 17
(b) that the application may be heard and decided even though the 18
parent does not appear in court. 19
may transfer proceeding 20
`Court
`191ZE. On receiving the application, the court may order the transfer of 21
the proceeding to the participating State if the interstate officer for that State 22
has given written consent to the transfer. 23
for Childrens Court 24
`Considerations
`191ZF.(1) In deciding whether to order the transfer, the court must have 25
15 Section 189 deals with compliance with provisions about giving information.
s 43 37 s 43
Child Protection Amendment
regard to the following matters-- 1
(a) whether there are any child protection orders for the child in force 2
in the participating State; 3
(b) whether any other proceedings relating to the child are pending, or 4
have been heard and decided, under a child welfare law in the 5
participating State; 6
(c) where the matters giving rise to the proceedings happened; 7
(d) the place of residence, and likely future place of residence, of the 8
child, the child's parents and other persons significant to the child. 9
`(2) This section does not limit sections 101 and 191B.16 10
may make interim order 11
`Court
`191ZG.(1) If the Childrens Court orders the transfer of the proceeding 12
to the participating State, it may also make an interim order-- 13
(a) granting custody of the child to any person; or 14
(b) giving responsibility for the child's supervision to the interstate 15
officer for that State or another person in that State to whom the 16
responsibility may be given under a child welfare law of that 17
State. 18
`(2) The interim order must state the time, not more than 30 days, for 19
which it has effect. 20
of decision to transfer 21
`Notice
`191ZH.(1) This section applies if the court decides the application by 22
ordering the transfer of the proceeding. 23
`(2) As soon as practicable after the court makes the decision, the chief 24
executive must give to each party to the proceeding for the application-- 25
(a) a copy of the court's order; and 26
(b) a written notice-- 27
16 Sections 101 (Court's paramount consideration) and 191B (Further guiding
principle)
s 43 38 s 43
Child Protection Amendment
(i) explaining the terms and effect of the court's order; and 1
(ii) stating that the party may appeal against the decision within 2
10 business days after the party receives the notice; and 3
(iii) stating how to appeal. 4
of registration of order 5
`Effect
`191ZI. If the court's order transferring the proceeding to the 6
participating State is registered in that State's Childrens Court under its 7
interstate law-- 8
(a) the proceeding is discontinued in the Childrens Court in 9
Queensland; and 10
(b) any interim order made by the Childrens Court in Queensland on 11
ordering the transfer ceases to have effect under this Act. 12
`PART 5--TRANSFER OF PROCEEDINGS TO 13
QUEENSLAND 14
of pt 5 15
`Application
`191ZJ. This part applies to the transfer of a child protection proceeding 16
to Queensland, from a participating State, under an interstate law of that 17
State. 18
executive's consent to transfer 19
`Chief
`191ZK.(1) The proceeding may not be transferred to Queensland unless 20
the chief executive gives written consent to the transfer. 21
`(2) The chief executive must give the consent, if asked by the interstate 22
officer for the participating State, unless the chief executive is satisfied the 23
transfer would not be in the child's best interests. 24
s 43 39 s 43
Child Protection Amendment
and registration of interstate transfer decision 1
`Filing
`191ZL.(1) This section applies if-- 2
(a) the chief executive gives written consent to the transfer; and 3
(b) the chief executive is satisfied-- 4
(i) the period for appealing, or applying for review of, the 5
interstate transfer decision relating to the transfer has 6
expired; and 7
(ii) the decision is not the subject of an appeal or application for 8
review; and 9
(iii) the decision is not stayed. 10
`(2) As soon as practicable after receiving a copy of the decision, the 11
chief executive must file the copy in the Childrens Court. 12
`(3) Also, if an interstate government officer of the participating State is a 13
party to the proceeding, the chief executive must-- 14
(a) nominate an authorised officer to become a party to the 15
proceeding in place of the interstate government officer; and 16
(b) file in the Childrens Court a notice stating the name of the 17
nominated officer. 18
`(4) If there is an associated interim order in force, the chief executive 19
must also file a copy of the associated interim order in the Childrens Court 20
as soon as practicable after receiving the copy. 21
`(5) On the filing of a copy of an interstate transfer decision or associated 22
interim order under this section, the registrar of the court must register the 23
decision or order. 24
`(6) Immediately after registering the decision or order, the registrar must 25
notify the interstate officer for the participating State and the registrar of the 26
Childrens Court in that State. 27
`(7) In this section-- 28
"interstate government officer", of a participating State, means the 29
interstate officer for that State or another officer of a department of 30
government of that State. 31
s 43 40 s 43
Child Protection Amendment
of registration of interstate transfer decision 1
`Effect
`191ZM.(1) The transferred proceeding is taken to be a proceeding 2
started in the Childrens Court in Queensland on the day of registration of 3
the interstate transfer decision and may be continued in the court. 4
`(2) The authorised officer nominated under section 191ZL(3) is a party 5
to the proceeding in place of the interstate government officer for the 6
participating State. 7
`(3) The court-- 8
(a) is not bound by any finding of fact made by the Childrens Court 9
in the participating State; and 10
(b) may inform itself on a matter using a transcript of the proceeding 11
in that court or evidence tendered in the proceeding. 12
of registration of associated interim order 13
`Effect
`191ZN.(1) An associated interim order filed in the Childrens Court in 14
Queensland is taken to be an order of the court made on the day of its 15
registration, except for the purposes of an appeal against the order. 16
`(2) The order may be enforced as if it had been made by the court under 17
section 64,17 even if it includes provisions that could not otherwise be 18
included in an order under that section. 19
`(3) However, the court may not extend the operation of the order or vary 20
the order in any other way. 21
`(4) This section does not limit the court's powers to revoke the order or 22
make another order under section 64. 23
of registration 24
`Revocation
`191ZO.(1) Any of the following persons may apply to the Childrens 25
Court to revoke the registration of an interstate transfer decision or 26
associated interim order under this part-- 27
(a) the chief executive; 28
17 Section 64 (Court's powers to make interim orders on adjournment)
s 43 41 s 43
Child Protection Amendment
(b) the child the subject of the proceeding; 1
(c) a parent of the child; 2
(d) a party to the proceeding; 3
(e) a person entitled under the interstate law of the participating State 4
to receive notice of the proceeding. 5
`(2) The registrar must immediately give a copy of the application to-- 6
(a) the interstate officer for the participating State; and 7
(b) each person mentioned in subsection (1). 8
`(3) The court may grant the application and revoke the registration only 9
if it is satisfied that, when the interstate transfer decision or associated 10
interim order was registered-- 11
(a) the period for appealing, or applying for review of, the decision or 12
order had not expired; or 13
(b) the decision or order was the subject of an appeal or application 14
for review; or 15
(c) the decision or order was stayed. 16
`(4) Immediately after the registration of the decision or order is revoked, 17
the registrar must-- 18
(a) notify the interstate officer for the participating State and the 19
registrar of the Childrens Court in that State; and 20
(b) return the documents relating to the decision or order that were 21
filed in the court under section 191ZL. 22
`(5) To remove doubt, it is declared that revocation of the registration of 23
the interstate transfer decision or associated interim order does not prevent a 24
re-registration of the decision or order. 25
s 43 42 s 43
Child Protection Amendment
ART 6--MISCELLANEOUS 1
`P
`Division 1--Appeals 2
against decision of Childrens Court 3
`Appeal
`191ZP.(1) This section applies to a decision of the Childrens Court (the 4
"original decision") on an application for an order transferring a child 5
protection order or child protection proceeding to a participating State. 6
`(2) A party to the proceeding for the application may appeal to the 7
appellate court against the decision. 8
`(3) The appeal is started by filing a written notice of appeal with the 9
registrar of the appellate court. 10
`(4) The appellant must file the notice of appeal, and serve a copy of the 11
notice on the other persons entitled to appeal against the decision, within the 12
following times-- 13
(a) if the original decision is to order the transfer of a child protection 14
order--within 10 business days after receiving the notice under 15
section 191S; 16
(b) if the original decision is to order the transfer of a child protection 17
proceeding--within 10 business days after receiving the notice 18
under section 191ZH; 19
(c) otherwise--within 10 business days after the decision. 20
`(5) The appellate court may not extend the period for filing and serving 21
the notice of appeal. 22
`(6) The notice of appeal must state fully the grounds of the appeal and 23
the facts relied on. 24
`(7) The original decision is stayed until the appellate court decides the 25
appeal. 26
`(8) The appeal must be decided on the evidence and proceedings before 27
the Childrens Court. 28
`(9) However, the appellate court may order that the appeal be heard 29
afresh, in whole or part. 30
s 43 43 s 43
Child Protection Amendment
`(10) The appellate court must hear and decide the appeal as soon as 1
possible. 2
`(11) In deciding the appeal, the appellate court may-- 3
(a) confirm the original decision; or 4
(b) vary the original decision; or 5
(c) set aside the original decision and substitute another decision. 6
orders 7
`Interim
`191ZQ.(1) This section applies if a person appeals against an order 8
transferring a child protection proceeding to a participating State. 9
`(2) If an interim order is in force under section 191ZG-- 10
(a) the interim order is not affected merely because of the appeal; but 11
(b) the appellate court may-- 12
(i) stay the operation of the interim order; or 13
(ii) vary or revoke the interim order; or 14
(iii) extend the time for which the interim order has effect. 15
`(3) Also, the appellate court may make any interim order that could be 16
made by the Childrens Court under section 191ZG. 17
2--Court files 18
`Division
of court file 19
`Transfer
`191ZR.(1) This section applies if-- 20
(a) a court has made an order transferring a child protection order or 21
proceeding to a participating State; and 22
(b) the time, if any, for an appeal against the court's order has 23
expired; and 24
(c) the court's order is not subject to a stay. 25
`(2) The registrar of the court must give the court file for the child 26
s 43 44 s 43
Child Protection Amendment
protection order or proceeding to the registrar of the Childrens Court of the 1
participating State. 2
PART 7--INTERSTATE TRANSFERS FOR 3
`
NON-PARTICIPATING STATES 4
for pt 7 5
`Definitions
`191ZS. In this part-- 6
"interstate order", for a child, means an order made by a court in another 7
State for the child. 8
"parent", of a child, means the person who would be the child's guardian 9
if a child protection order or interstate order was not in force for the 10
child. 11
from a non-participating State 12
`Transfer
`191ZT.(1) This section applies if-- 13
(a) an interstate welfare authority in a non-participating State has 14
custody or guardianship of a child under an interstate order; and 15
(b) the child has entered, or is about to enter, Queensland; and 16
(c) the authority asks the chief executive to make a declaration under 17
this section. 18
`(2) The chief executive may, by written declaration, assume custody or 19
guardianship of the child-- 20
(a) if the interstate order is effective for less than 2 years--for not 21
more than the remainder of the period stated in it; or 22
(b) if the interstate order is effective for 2 years or more but is not 23
effective until the child turns 18 years--for the lesser of-- 24
(i) the remainder of the period stated in it; or 25
(ii) 2 years; or 26
s 43 45 s 43
Child Protection Amendment
(c) if the interstate order is effective until the child turns 1
18 years--until the child turns 18 years. 2
(3) On the making of the declaration, the interstate order is taken to be a 3
child protection order under the terms stated in the declaration. 4
(4) For subsection (3), the chief executive may declare the interstate order 5
applies to the chief executive's custody or guardianship to and only to the 6
stated extent, or with the stated changes necessary, to make it consistent 7
with this Act. 8
of declaration 9
`Notice
`191ZU. As soon as practicable after making the declaration about 10
assuming the custody or guardianship of a child, the chief executive must-- 11
(a) give a copy of the declaration to the child and the child's parents; 12
and 13
(b) explain the terms and effects of the declaration to them. 14
to a non-participating State 15
`Transfer
`191ZV.(1) The chief executive may arrange for an interstate welfare 16
authority in a non-participating State to assume the custody or guardianship 17
of a child who is under the chief executive's custody or guardianship under 18
this Act. 19
`(2) Before making the arrangement, the chief executive must give 20
written notice of the arrangement to the following persons-- 21
(a) the child; 22
(b) the child's parents; 23
(c) if the child is in the care of a carer who has moved, or is moving, 24
with the child to the non-participating State--the carer. 25
`(3) The notice must state the following-- 26
(a) the grounds for the arrangement; 27
(b) the facts and circumstances forming the basis for the grounds; 28
(c) that the person given the notice may make, within a stated period 29
s 44 46 s 44
Child Protection Amendment
of at least 14 days, written submissions to the chief executive 1
about why the arrangement should not be made. 2
`(4) If, after considering all written submissions made within the stated 3
time, the chief executive still considers grounds exist to make the 4
arrangement, the chief executive may make the arrangement. 5
`(5) The arrangement can not take effect until-- 6
(a) the end of the time to appeal against the decision to make the 7
arrangement; or 8
(b) if an appeal is made against the decision--the appeal is decided. 9
`(6) The chief executive must give written notice of the chief executive's 10
decision to each person entitled to be given a notice under subsection (2). 11
`(7) The notice must-- 12
(a) be given as soon as practicable after the decision is made; and 13
(b) state the reasons for the decision; and 14
(c) state that the person given the notice may appeal to a tribunal 15
against the decision to make the arrangement within 28 days after 16
the notice is received. 17
of State becoming a participating State 18
`Effect
`191ZW. A child protection order made by declaration under 19
section 191ZT is not affected if the State in which the relevant interstate 20
order was made becomes a participating State.'. 21
of new s 193A 22
Insertion
Clause 44. Chapter 8, after section 193-- 23
insert-- 24
and renumbering of Act 25
`Numbering
`193A. In the next reprint of this Act produced under the Reprints Act 26
1992, the provisions of this Act must be numbered and renumbered as 27
permitted by the Reprints Act 1992, section 43.'. 28
s 45 47 s 48
Child Protection Amendment
of ch 9 hdg (Repeals, savings and transitional 1
Amendment
provisions) 2
Clause 45. Chapter 9, heading, `REPEALS,'-- 3
omit. 4
of ch 9, pt 1 (Repeals) 5
Omission
Clause 46. Chapter 9, part 1-- 6
omit. 7
of ch 9, pt 2 hdg (Savings and transitional provisions) 8
Omission
Clause 47. Chapter 9, part 2, heading-- 9
omit. 10
of s 196 (Definitions for pt 2) 11
Amendment
Clause 48.(1) Section 196, heading, `pt 2'-- 12
omit, insert-- 13
`ch 9'. 14
(2) Section 196, `In this part'-- 15
omit, insert-- 16
`In this chapter'. 17
(3) Section 196, definition "commencing day", `this part'-- 18
omit, insert-- 19
`this chapter'. 20
(4) Section 196, definition "repealed Act"-- 21
omit, insert-- 22
` "replaced Act" means the Childrens Services Act 1965 as in force before 23
the commencing day.'. 24
(5) Section 196, `repealed Act'-- 25
s 49 48 s 51
Child Protection Amendment
omit, insert-- 1
`replaced Act'. 2
of s 197 (Existing section 47 declarations and care and 3
Amendment
protection orders) 4
Clause 49. Section 197(2) and (3), `repealed Act'-- 5
omit, insert-- 6
`replaced Act'. 7
of s 199 (Existing section 134 declarations) 8
Amendment
Clause 50.(1) Section 199(6)(a), `section 120'-- 9
omit, insert-- 10
`section 191ZT'. 11
(2) Section 199-- 12
insert-- 13
`(7) In this section-- 14
"interstate order", for a child, means an order made by a court in another 15
State for the child.'. 16
of s 200 (Licensed institutions under repealed Act) 17
Amendment
Clause 51.(1) Section 200, heading, `repealed Act'-- 18
omit, insert-- 19
`replaced Act'. 20
(2) Section 200(1), `repealed Act'-- 21
omit, insert-- 22
`replaced Act'. 23
s 52 49 s 54
Child Protection Amendment
of s 201 (Approved foster parents) 1
Amendment
Clause 52. Section 201(1), `repealed Act'-- 2
omit, insert-- 3
`replaced Act'. 4
of s 202 (Existing applications and proceedings for care 5
Replacement
and protection orders) 6
Clause 53. Section 202-- 7
omit, insert-- 8
applications and proceedings for care and protection orders 9
`Existing
and care and control orders 10
`202.(1) This section applies to-- 11
(a) an application under the replaced Act for an order that a child 12
be-- 13
(i) admitted to the chief executive's care and protection; or 14
(ii) committed to the chief executive's care and control; and 15
(b) a proceeding in the Childrens Court for an application mentioned 16
in paragraph (a). 17
`(2) If the application or proceeding is not finally dealt with at the 18
commencing day, it may be continued and dealt with under this Act as if it 19
were an application, or a proceeding for an application, for a child protection 20
order granting short-term guardianship of the child to the chief executive.'. 21
of s 203 (Applications to revoke or substitute certain 22
Amendment
orders under repealed Act) 23
Clause 54. Section 203, `repealed Act'-- 24
omit, insert-- 25
`replaced Act'. 26
s 55 50 s 56
Child Protection Amendment
of s 204 (Exemption from expiry of Children's Services 1
Replacement
Regulation 1966) 2
Clause 55. Section 204-- 3
omit, insert-- 4
to replaced Act 5
`References
`204. In an Act or document, other than this Act, a reference to the 6
Children's Services Act 1965 may, if the context permits, be taken to be a 7
reference to this Act.'. 8
of new s 204A 9
Insertion
Clause 56. Chapter 10, before section 205-- 10
insert-- 11
of Children's Services Act 1965 12
`Amendment
`204A.(1) This section amends the Children's Services Act 1965. 13
`(2) Omit all provisions other than the title and sections 1, 8 and 69A. 14
`(3) Title, words from `the children'-- 15
omit, insert-- 16
`children'. 17
`(4) Section 8, heading-- 18
omit, insert-- 19
`Meaning of "child" '. 20
`(5) Section 8, all definitions other than definition "child"-- 21
omit. 22
`(6) Section 69A-- 23
insert-- 24
`(2) Proceedings for an offence against this section are to be taken in a 25
summary way under the Justices Act 1886.'.'. 26
s 57 51 s 58
Child Protection Amendment
of sch 2 (Appealable decisions and aggrieved persons) 1
Amendment
Clause 57.(1) Schedule 2, sixth item, from `Arranging' to `child's carer'-- 2
omit. 3
(2) Schedule 2, at the end-- 4
insert-- 5
`Arranging for an interstate welfare A person to whom notice of the 6
authority to assume custody or decision must be given under 7
guardianship of a child section 191ZV(6)'. 8
(section 191ZV)
9
of sch 4 (Dictionary) 10
Amendment
Clause 58.(1) Schedule 4, definitions "child protection order", "interim order" 11
and "interstate order"-- 12
omit. 13
(2) Schedule 4-- 14
insert-- 15
` "associated interim order", in relation to a proceeding transferred to 16
Queensland by a court under an interstate law, means an interim order 17
made by the court when ordering the transfer of the proceeding. 18
"child protection order"-- 19
(a) means a child protection order under chapter 2, part 4, 20
including-- 21
(i) an order extending, varying or revoking a child protection 22
order; and 23
(ii) an interim order under section 64 in relation to a proceeding 24
for a child protection order; and 25
(b) for chapter 7A, includes an order mentioned in section 191D.18 26
"child protection proceeding" means-- 27
18 Section 191D (Reference to "child protection order" includes certain orders of
other States)
s 58 52 s 58
Child Protection Amendment
(a) a proceeding under this Act for the making, extension, 1
amendment or revocation of a child protection order; or 2
(b) a proceeding under a child welfare law of a participating State 3
for-- 4
(i) the making, extension, amendment or revocation of a child 5
protection order or interim order; or 6
(ii) if, under that law, the making of a particular finding is a 7
prerequisite to the making of a child protection order--the 8
making of the finding. 9
"Childrens Court", of another State, means the court in that State that may 10
hear and decide a child protection proceeding at first instance. 11
"child welfare law", of another State, means a law declared under 12
section 191F to be a child welfare law of that State. 13
"home order" see section 191C(a). 14
"interstate government officer" see section 191ZL(7). 15
"interstate law", of another State, means a law declared under 16
section 191G to be an interstate law of that State. 17
"interstate officer", for another State, means the officer declared to be the 18
interstate officer for that State under section 191G. 19
"interstate order", for chapter 7A, part 7, see section 191ZS. 20
"interstate transfer decision" means-- 21
(a) an order of a court in a participating State, made under an 22
interstate law of that State, transferring a child protection order or 23
child protection proceeding from that State to Queensland; or 24
(b) a decision of the interstate officer of a participating State, made 25
under an interstate law of that State, to transfer a child protection 26
order from that State to Queensland. 27
"judicial review application" means an application for a statutory order of 28
review, or an application for review, under the Judicial Review Act 29
1991. 30
"licensed residential facility" means licensed premises in which children 31
reside. 32
s 58 53 s 58
Child Protection Amendment
"non-participating State" means a State other than a participating State. 1
"participating State" means a State declared to be a participating State 2
under section 191G. 3
"proposed interstate order" see section 191C(b). 4
"State" includes New Zealand.'. 5
(3) Schedule 4, definition "appellate court", paragraph (a), after `child 6
protection order'-- 7
insert-- 8
`, or for an order transferring a child protection order or child protection 9
proceeding to a participating State'. 10
(4) Schedule 4, definition "chief executive for transport", `Traffic Act 11
1949'-- 12
omit, insert-- 13
`Transport Operations (Road Use Management) Act 1995'. 14
(5) Schedule 4, definition "court assessment order", paragraph (b), after 15
`interim order'-- 16
insert-- 17
`under section 64'. 18
(6) Schedule 4, definition "parent", paragraphs (d) and (e)-- 19
omit, insert-- 20
`(d) chapter 7A, parts 2 to 6--see section 191H; 21
(e) chapter 7A, part 7--see section 191ZS; 22
(f) other provisions--see section 11.19'. 23
19 In chapter 2, parts 2 to 4, and chapter 7A, parts 2 to 6, "parent" has a narrower
meaning. The meaning given the term in the provisions is the same.
s 58 54 s 58
Child Protection Amendment
(7) Schedule 4, definition "traffic history", after `section 16 of the Traffic 1
Act 1949'-- 2
insert-- 3
`, section 79 of the Transport Operations (Road Use Management) Act 4
1995'. 5
6
55
Child Protection Amendment
CHEDULE 1
¡S
AMENDMENTS FOR OMISSION OF CHAPTER 7A, 2
PART 7 3
section 3 4
1. Section 191H-- 5
omit, insert-- 6
`Meaning of "parent" for ch 7A 7
`191H. In this chapter-- 8
"parent", of a child, means each of the following persons-- 9
(a) the child's guardian; 10
(b) a person with custody of the child; 11
(c) if the child is in a person's custody or guardianship under this 12
Act--anyone else who would be the child's guardian if the child 13
were not in the person's custody or guardianship under this Act.'. 14
2. Chapter 7A, part 7-- 15
omit. 16
3. Chapter 9, after ch 9 hdg-- 17
insert-- 18
`PART 1--SAVINGS AND TRANSITIONAL 19
PROVISIONS FOR ACT No. 10 of 1999'. 20
4. Chapter 9, after section 204-- 21
insert-- 22
56
Child Protection Amendment
SCHEDULE (continued)
`PART 2--SAVINGS PROVISION FOR CHILD 1
PROTECTION AMENDMENT ACT 2000 2
`Declarations under repealed s 191ZT (Transfer from a 3
non-participating State) 4
`204AA. A child protection order made by declaration under 5
section 191ZT before the repeal of that section, and in force immediately 6
before the repeal, is not affected by the repeal.'. 7
5. Schedule 2, entry for `Arranging for an interstate welfare authority 8
to assume custody or guardianship of a child (section 191ZV)'-- 9
omit. 10
6. Schedule 4, definitions "interstate order", "interstate welfare 11
authority" and "non-participating State"-- 12
omit. 13
7. Schedule 4, definition "parent", paragraphs (d) to (f)-- 14
omit, insert-- 15
`(d) chapter 7A--see section 191H;20 16
(e) other provisions--see section 11.'. 17
18
© State of Queensland 2000
20 Section 191H (Meaning of "parent" for ch 7A)
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