CHILD PROTECTION ACT 1999 Reprinted as in force on 12 December 2008 Reprint No. 5A > Contents CHAPTER 1--PRELIMINARY Part 1--Introduction 1. Short title 2. Commencement 3. Definitions 3A. Notes in text Part 2--Purpose and administration of Act 4. Purpose of Act 5. Principles for administration of Act 6. Provisions about Aboriginal and Torres Strait Islander children 6A. Provision about the Child Protection (International Measures) Act 2003 7. Chief executive's functions Part 3--Basic concepts Division 1--Key terms 8. Who is a child 9. What is harm 10. Who is a child in need of protection 11. Who is a parent Division 2--Custody and guardianship 12. What is effect of custody 13. What is effect of guardianship CHAPTER 2--PROTECTION OF CHILDREN Part 1--Children at risk of harm 14. Chief executive may investigate alleged harm 15. Child's parents to be told about allegation of harm and outcome of investigation 16. Contact with child at immediate risk of harm 17. Contact with children in school, child care centre, family day care etc. 18. Child at immediate risk may be taken into custody 19. Effect of taking child into custody on existing order 20. Officer's obligations on taking child into custody 21. Moving child to safe place 21A. Unborn children 22. Protection from liability for notification of, or information given about, alleged harm or risk of harm Part 2--Temporary assessment orders Division 1--Preliminary 23. Meaning of parent in pt 2 24. Purpose of pt 2 Division 2--Applications for, and making and effect of, temporary assessment orders 25. Making of application for order 26. Deciding application 27. Making of temporary assessment order 28. Provisions of temporary assessment order 29. Duration of temporary assessment orders 30. Special orders 31. Order—procedure before entry Division 3--Other provisions about temporary assessment orders 32. Explanation of temporary assessment orders 33. Police officers to notify chief executive of certain orders 34. Extension of temporary assessment orders 35. Variation of temporary assessment orders 36. Effect of temporary assessment order on existing child protection orders Part 3--Court assessment orders Division 1--Preliminary 37. Meaning of parent in pt 3 38. Purpose of pt 3 Division 2--Application for, and making and effect of, court assessment orders 39. Application for court assessment order 40. Registrar to fix time and place for hearing 41. Notice of application 42. Respondents to application 43. Hearing of application in absence of parents 44. Making of court assessment order 45. Provisions of court assessment order 46. Order—procedure before entry 47. Duration of court assessment orders Division 3--Other provisions about court assessment orders 48. Chief executive's obligations after making of court assessment order 49. Extension of court assessment orders 50. Variation and revocation of court assessment orders 51. Effect of court assessment order on existing child protection orders Part 3A--Case planning Division 1--Preliminary 51A. What is case planning 51B. What is a case plan 51C. Children for whom case plans are required 51D. How case planning must be carried out 51E. Who is a child's family group 51F. Meaning of parent in pt 3A Division 2--Family group meetings 51G. Purposes 51H. Convening a meeting 51I. Private convenors 51J. Function Division 3--Case planning at a family group meeting 51K. Application of div 3 51L. Who should be involved 51M. Preparing for the meeting 51N. Obtaining the views of persons not attending 51O. Recording the case plan developed at the meeting 51P. Development of plan at more than 1 meeting Division 4--Other steps in the case planning process 51Q. Dealing with a case plan developed at a meeting 51R. Dealing with an inappropriate plan 51S. Preparing the plan if not developed at a meeting 51T. Distributing and implementing the plan Division 5--Periodically reviewing the case plan 51U. Application of div 5 51V. Plan must be reviewed 51W. Who may participate 51X. Report about the review 51Y. Distributing and implementing the revised case plan Part 3B--Intervention with parents' agreement Division 1--Preliminary 51Z. Application of pt 3B 51ZA. What is intervention Division 2--Preference for intervention with parents' agreement 51ZB. Considering intervention with agreement 51ZC. Working with the child and parents Division 3--Care agreements 51ZD. What is a care agreement 51ZE. Entering an agreement 51ZF. Requirements of an agreement 51ZG. Effect of particular agreement 51ZH. Period of an agreement 51ZI. Ending an agreement Part 4--Child protection orders Division 1--Preliminary 52. Meaning of parent in pt 4 53. Purpose of pt 4 Division 2--Applications for, and making and effect of, child protection orders 54. Application for child protection order 55. Registrar to fix time and place for hearing 56. Notice of application 57. Respondents to hearing 58. Hearing of application in absence of parents 59. Making of child protection order 60. Extraterritoriality 61. Types of child protection orders 62. Duration of child protection orders Division 3--Other provisions about child protection orders 63. Chief executive's obligations after making of child protection order 64. Extension of certain child protection orders 65. Variation and revocation of child protection orders Part 5--Adjournments of proceedings and court ordered conferences Division 1--Adjournments of proceedings 66. Court may adjourn proceedings 67. Court's powers to make interim orders on adjournment 68. Court's other powers on adjournment of proceedings for child protection orders Division 2--Court ordered conferences 69. Registrar to appoint chairperson and convene conference 70. Attendance of parties 71. Communications inadmissible in evidence without consent 72. Report of conference Part 6--Obligations and rights under orders and care agreements Division 1--Chief executive's obligations under child protection orders and care agreements 73. Chief executive's obligations about meeting child's protection and care needs under certain orders and agreements 74. Charter of rights for a child in care 75. Transition from care Division 2--Orders for supervision 76. Application of div 2 77. Obligations of child's parents and powers of authorised officers 78. Chief executive's powers Division 3--Obligations under orders granting custody or guardianship to member of family or other suitable person 79. Obligations of family members to department under orders 80. Obligations of family members and other persons to child's parents Division 4--Placing child in care 81. Application of div 4 82. Placing child in care 82A. Placement with more than 1 approved carer 83. Additional provisions for placing Aboriginal and Torres Strait Islander children in care 83A. Giving information to carers and children 84. Agreements to provide care for children 85. Chief executive to tell parents of placing child in care—assessment order 86. Chief executive to notify parents of placing child in care—child protection order 87. Chief executive to provide contact between child and child's parents 88. Chief executive to provide contact between Aboriginal or Torres Strait Islander child and child's community or language group 89. Removal from carer's care 90. Notice of removal from care 91. Review of decision to remove child from carer's care Division 5--Property of child 92. Application of div 5 93. Management of child's property by public trustee 94. Audit of trust by public trustee Part 7--General 95. Report about person's criminal history etc. 97. Carrying out medical examinations or treatment 98. Carrying out social assessments 99. Custody or guardianship of child continues pending decision on application for order CHAPTER 3--COURT PROCEEDINGS Part 1--Preliminary 100. Application of ch 3 101. Definition for ch 3 Part 2--Jurisdiction 102. Court's jurisdiction and constitution 103. Court's jurisdiction unaffected by pending criminal proceeding Part 3--Procedural provisions Division 1--Court's procedures 104. Court's paramount consideration 105. Evidence 106. Court to ensure parties understand proceeding 107. Expert help Division 2--Right of appearance and representation at hearing 108. Right of appearance and representation 108A. Right of appearance of departmental coordinators 109. Legal representation of child's parents 110. Separate legal representation of child 111. Legal representation of more than 1 child 112. Child can not be compelled to give evidence 113. Court may hear submissions from non-parties to proceeding Division 3--General 114. Transfer of proceedings 115. Hearing of applications together 116. Costs Part 4--Court appeals 117. Who may appeal 118. How to start appeal 119. Stay of operation of decisions 120. Hearing procedures 121. Powers of appellate court CHAPTER 4--REGULATION OF CARE Part 1--Standards of care 122. Statement of standards Part 2--Licensing of care services and approval of carers Division 1--Preliminary 123. Purpose of pt 2 Division 2--Licensing of care services 124. Individuals can not hold licences 125. Application for, or renewal of, licence 126. Restrictions on granting application 127. Grant of application 128. Duration of licence 129. Refusal of application 130. Nominees Division 3--Approval of foster carers and kinship carers 131. Application of div 3 132. Holding a certificate 133. Process for initial issue of a certificate 134. Process to renew a certificate 135. Restrictions on granting application 136. Refusal of application Division 3A--Provisional approval of carers 136A. Application and purpose of div 3A 136B. Holding a certificate 136C. Basis for issuing a certificate 136D. Issue of certificate Division 4--Amendment, suspension, cancellation and surrender of authorities Subdivision 1--Amendment 137. Amendment of authority on application of holder 138. Amendment of authority by the chief executive 138A. Amendment of kinship carer certificate to extend its expiry day 138B. Amendment of provisional certificate to extend its expiry day 138C. Other amendment of provisional certificate by the chief executive Subdivision 2--Suspension or cancellation, other than immediate suspension or cancellation 139. Authority may be suspended or cancelled 140. Procedure for suspension or cancellation 140AA. Procedure for suspension or cancellation of provisional certificate Subdivision 3--Immediate suspension or cancellation of particular authorities 140AB. Definitions for sdiv 3 140AC. Immediate suspension 140AD. Notice of suspension 140AE. Period of suspension 140AF. End of suspension 140AG. Cancellation of certificate of approval 140AH. Cancellation of licence 140AI. Notice of cancellation Subdivision 4--Other matters about amendment, suspension or cancellation 140A. Chief executive may notify children's commissioner about particular information 141. Amendment, suspension and cancellation of authorities Subdivision 5--Surrender 141A. Surrender of authorities Division 5--Notification of changes relating to authority holders and associated persons 141B. Personal history 141C. Personal history change—nominee 141D. Personal history change—other persons associated with a licence 141E. Personal history change—approved carer 141F. Personal history change—other household members 141G. Approved carer must notify other changes Division 6--Notification of other information about licences and associated persons 141H. Nominee for licence 141I. Director of licensee Division 7--Obtaining criminal histories and other information to decide persons' suitability 142. Meaning of police information 142A. Persons whose suitability may be investigated 142B. Obtaining traffic information 142C. Obtaining police information 142D. Chief executive may enter into arrangement with police commissioner about giving and receiving information Division 8--General 143. Effect of failure to decide application for, or for renewal of, authority 143A. Further consideration of application for authority 144. Offence to contravene condition of licence 145. Authorised officer may require production of licence, approval etc. 146. Authorised officer may enter and inspect licensed premises 147. Regular inspections of licensed residential facilities 148. Obligation to report harm to children in departmental and licensed care services 148A. Chief executive to notify children's commissioner about particular persons 148B. Obtaining particular information from children's commissioner Part 3--Application of Commissioner's Act 148C. Application to licensed care service 148D. Pending application for prescribed notice CHAPTER 5--ADMINISTRATION Part 1--Authorised officers 149. Appointment 150. Limitation of powers 151. Conditions of appointment 152. Identity card 153. Production of identity card 154. Authorised officer to give notice of damage 155. Compensation Part 2--General 156. Delegation by chief executive 157. Approved forms 159. Payments for care and maintenance CHAPTER 5A--SERVICE DELIVERY COORDINATION AND INFORMATION EXCHANGE Part 1--Preliminary 159A. Purpose 159B. Principles for coordinating service delivery and exchanging information 159C. What is relevant information 159D. Other definitions for ch 5A 159E. Reference to family services Part 2--Service delivery coordination 159F. Service providers' responsibilities 159G. Chief executive's responsibilities 159H. Chief executive may ask particular prescribed entities to provide a service Part 3--The SCAN system 159I. Establishment of system 159J. Purpose 159K. Members 159L. Responsibilities of the core members Part 4--Information exchange 159M. Particular prescribed entities giving and receiving relevant information 159N. Information requirement made by chief executive or authorised officer Part 5--Release of health information or information relevant to coronial investigation 159O. Release of information by a health services designated person 159P. Release of information for reporting or investigating a death under the Coroners Act Part 6--Protection from liability and interaction with other laws 159Q. Protection from liability for giving information 159R. Interaction with other laws CHAPTER 6--ENFORCEMENT AND LEGAL PROCEEDINGS Part 1--Offences 160. Obstruction of authorised officer etc. 161. Impersonation of authorised officer 162. Offence to remove child from carer 163. Offence to remove child from carer—order made in another State 164. Offence to remove child from custody or guardianship 165. Offence to remove child from custody or guardianship—order made in another State 166. Offence to refuse contact with child in custody or guardianship 167. Offence for person to take child out of State 168. Offence not to comply with certain orders Part 2--Prosecution of certain interstate offences 169. Consultation with chief executive before prosecution 170. Person not to be prosecuted twice Part 3--Warrant for apprehension of child 171. Application for warrant for apprehension of child 172. Issue of warrant 173. Special warrants 174. Warrants—procedure before entry 175. Interstate warrants—arrangements for apprehended child until magistrate is available Part 4--General powers of authorised officers and police officers Division 1--Preliminary 176. Application of pt 4 Division 2--Power of seizure 177. Power of seizure 178. Procedure after seizure of thing 179. Forfeiture of seized thing on conviction 180. Dealing with forfeited things etc. Division 3--Other powers on entry 181. Power to photograph Part 5--Evidence and legal proceedings 182. Evidentiary provisions 183. Proceeding for offences 184. When proceeding may start Part 6--Confidentiality Division 1--Preliminary 185. Definitions for pt 6 Division 2--Confidentiality in relation to administration of Act 186. Confidentiality of notifiers of harm or risk of harm 187. Confidentiality of information obtained by persons involved in administration of Act 188. Confidentiality of information given by persons involved in administration of Act to other persons 188A. Police use of confidential information 188B. Disclosure of information to a child's family group 189. Prohibition of publication of information leading to identity of children 189A. Making information available for Juvenile Justice Act 1992 Division 3--Confidentiality in relation to proceedings 190. Production of department's records 191. Refusal of disclosure of certain information during proceeding 192. Prohibition of publication of certain information for proceedings 193. Restrictions on reporting certain court proceedings Part 7--General 195. Compliance with provisions about explaining and giving documents 196. Exercise of powers and compliance with obligations by others 197. Protection from liability CHAPTER 7--INTERSTATE TRANSFERS OF CHILD PROTECTION ORDERS AND PROCEEDINGS Part 1--Preliminary Division 1--Explanation, purpose and guiding principles 198. Explanation and purpose 199. Further guiding principle Division 2--Interpretation provisions about child protection orders 200. References to Queensland orders 201. Reference to child protection order includes certain orders of other States Division 3--Corresponding laws of other States 202. Meaning of law for div 3 203. Child welfare laws 204. Interstate laws Division 4--Meaning of parent 205. Meaning of parent for ch 7 Part 2--Transfer of an order to another State Division 1--Orders that may be transferred 206. Orders that may be transferred Division 2--Administrative transfers 207. Chief executive may transfer order 208. Provisions of proposed interstate order 209. Persons whose consent is required 210. Notice of decision 211. Limited time for applying for judicial review Division 3--Judicial transfers 212. Application for transfer 213. Procedural matters 214. Court may transfer order 215. Provisions of proposed interstate order 216. Notice of decision Division 4--Effect of transfer and registration 217. Application of div 4 218. Order ceases to have effect under this Act 219. Order may be revived under this Act Part 3--Transfer of an order to Queensland 220. Application of pt 3 221. Chief executive's consent to transfer 222. Filing and registration of order 223. Effect of registration 224. Revocation of registration Part 4--Transfer of proceedings to another State 225. Application for transfer 226. Registrar to fix time and place for hearing 227. Notice of application 228. Court may transfer proceeding 229. Considerations for Childrens Court 230. Court may make interim order 231. Notice of decision to transfer 232. Effect of registration of order Part 5--Transfer of proceedings to Queensland 233. Application of pt 5 234. Chief executive's consent to transfer 235. Filing and registration of interstate transfer decision 236. Effect of registration of interstate transfer decision 237. Effect of registration of associated interim order 238. Revocation of registration Part 6--Miscellaneous Division 1--Appeals 239. Appeal against decision of Childrens Court 240. Interim orders Division 2--Court files 241. Transfer of court file CHAPTER 7A--CHILD DEATHS 246A. Chief executive to review department's involvement with particular children 246B. Terms of reference and extent of review 246C. Chief executive may seek information from entities 246D. Report to be prepared and given to CDCRC 246E. Protection from liability for giving information to chief executive 246F. No liability for defamation if report made in good faith 246G. Preparation of supplementary report 246H. Chief executive to give reports to State Coroner CHAPTER 8--MISCELLANEOUS 246I. Recognised entities 247. Reviews of reviewable decisions 248. Annual reporting about child protection matters 248A. Acting in support of the children's commissioner 248B. Consultation about investigations and prosecutions 249. Regulation-making powers CHAPTER 9--REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS Part 1--Repeals 250. Repeal of Children's Services Act 1965 251. References to repealed Act Part 2 Savings and transitional provisions for Act N o . 10 of 1999 252. Definitions for pt 2 253. Existing section 47 declarations and care and protection orders 254. Existing supervision orders 255. Existing section 134 declarations 256. Licensed institutions under repealed Act 257. Approved foster parents 258. Existing applications and proceedings for care and protection orders and care and control orders 259. Applications to revoke or substitute certain orders under repealed Act 259A. Appointment of guardian by deed under s 90 of repealed Act 260. Exemption from expiry of Children's Services Regulation 1966 Part 2A--Savings provision for Child Protection Amendment Act 2000 260A. Declaration under repealed s 243 (Transfer from a non- participating State) Part 3--Savings and transitional provision for Child Safety Legislation Amendment Act 2004 261. First reports under s 248(1) Part 4--Transitional provision for Child Safety Legislation Amendment Act (No. 2) 2004 262. Transitional—case planning Part 5--Savings and transitional provisions for Child Safety Legislation Amendment Act 2005 263. Administrative approvals as carers 264. Current applications relating to foster carer certificates 265. Recognised entities Part 6--Transitional provisions for Child Safety (Carers) Amendment Act 2006 266. Definitions for pt 6 267. Application for licence 268. Application for particular certificate of approval CHARTER OF RIGHTS FOR A CHILD IN CARE REVIEWABLE DECISIONS AND AGGRIEVED PERSONS DICTIONARY Endnotes - LONG TITLE An Act about the protection of children, and for other purposes 1 Short title This Act may be cited as the Child Protection Act 1999. 2 Commencement (1) Section 260 commences on the date of assent. (2) The remaining provisions commence on a day to be fixed by proclamation. 3 Definitions (1) The dictionary in schedule 3 defines particular words used in this Act. (2) Key terms used in this Act are defined in part 3, division 1. 3A Notes in text A note in the text of this Act is part of this Act. 4 Purpose of Act The purpose of this Act is to provide for the protection of children. 5 Principles for administration of Act (1) This Act is to be administered under the principle that the welfare and best interests of a child are paramount. Example-- The chief executive is making a decision under this Act, concerning a child, in circumstances where there is a conflict between the child's welfare and best interests and the interests of an adult caring for the child. The conflict must be resolved in favour of the child's welfare and best interests. (2) Subject to subsection (1), this Act is also to be administered under the following principles-- (a) every child has a right to protection from harm; (b) families have the primary responsibility for the upbringing, protection and development of their children; (c) the preferred way of ensuring a child's wellbeing is through the support of the child's family; (d) powers conferred under this Act should be exercised in a way that is open, fair and respects the rights of people affected by their exercise, and, in particular, in a way that ensures-- (i) actions taken, while in the best interests of the child, maintain family relationships and are supportive of individual rights and ethnic, religious and cultural identity or values; and (ii) the views of the child and the child's family are considered; and (iii) the child and the child's parents have the opportunity to take part in making decisions affecting their lives; (e) if a child does not have a parent able and willing to protect the child, the State has a responsibility to protect the child, but in protecting the child the State must not take action that is unwarranted in the circumstances; (f) if a child is removed from the child's family-- (i) the aim of authorised officers' working with the child and the child's family is to safely return the child to the family if possible; and (ii) the child's need to maintain family and social contacts, and ethnic and cultural identity, must be taken into account; and (iii) in deciding in whose care the child should be placed, the chief executive must give proper consideration to placing the child, as a first option, with kin; (g) a child should be kept informed of matters affecting him or her in a way and to an extent that is appropriate, having regard to the child's age and ability to understand; (h) if a child is able to form and express views about his or her care, the views must be given consideration, taking into account the child's age or ability to understand; (i) if a child does not have a parent able and willing to give the child ongoing protection, the child has a right to long-term alternative care. 6 Provisions about Aboriginal and Torres Strait Islander children (1) When making a significant decision about an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must give an opportunity to a recognised entity for the child to participate in the decision-making process. (2) When making a decision, other than a significant decision, about an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must consult with a recognised entity for the child before making the decision. (3) However, if compliance with subsection (1) or (2) is not practicable because a recognised entity for the child is not available or urgent action is required to protect the child, the chief executive or an authorised officer must consult with a recognised entity for the child as soon as practicable after making the decision. (4) If the Childrens Court exercises a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to-- (a) the views, about the child and about Aboriginal tradition and Island custom relating to the child, of-- (i) a recognised entity for the child; or (ii) if it is not practicable to obtain the views of a recognised entity for the child--members of the community to whom the child belongs; and (b) the general principle that an Aboriginal or Torres Strait Islander child should be cared for within an Aboriginal or Torres Strait Islander community. Editor's note-- The Acts Interpretation Act 1954, section 36, contains definitions of Aboriginal tradition and Island custom. (5) As far as is reasonably practicable, the chief executive or an authorised officer must try to conduct consultations, negotiations, family group meetings and other proceedings involving an Aboriginal person or Torres Strait Islander (whether a child or not) in a way and in a place that is appropriate to Aboriginal tradition or Island custom. (6) In this section-- significant decision, about an Aboriginal or Torres Strait Islander child, means a decision likely to have a significant impact on the child's life. Examples of decisions relating to an Aboriginal or Torres Strait Islander child that may be significant decisions-- 1 a decision made in the course of investigating an allegation of harm to the child 2 a decision about placing the child in care 6A Provision about the Child Protection (International Measures) Act 2003 The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act. 7 Chief executive's functions (1) For the proper and efficient administration of this Act, the chief executive's functions are-- (a) providing, or helping provide, information for parents and other members of the community about the development of children and their safety needs; and (b) providing, or helping provide, preventative and support services to strengthen and support families and to reduce the incidence of harm to children; and (c) providing, or helping provide, services to families to protect their children if a risk of harm has been identified; and (d) providing, or helping provide, services for the protection of children and responding to allegations of harm to children; and (e) providing, or helping provide, services that encourage children in their development into responsible adulthood; and (f) helping Aboriginal and Torres Strait Islander communities to establish programs for preventing or reducing incidences of harm to children in the communities; and (g) providing support and training to approved carers to help them care for children under this Act; and (h) negotiating and reviewing a statement of commitment between the State and organisations with an interest in the care of children under this Act that includes the provision of support and resources by the department to approved carers; and (i) promoting a partnership between the State, local government, non- government agencies and families in taking responsibility for, and dealing with the problem of, harm to children; and (j) promoting a partnership between the State and foster carers that recognises the integral part played by foster carers in caring for children under this Act; and (k) promoting and helping in developing coordinated responses to allegations of harm to children and responses to domestic violence; and (l) cooperating with government entities that have a function relating to the protection of children or provide services to children in need of protection or their families; and (m) ensuring access by children in care to advocacy services and cooperating with the services to help ensure that the children's concerns are dealt with; and (n) consulting with clients of the department and of organisations involved in providing services relating to the purpose of this Act and with client representative groups; and (o) consulting with recognised entities about the administration of this Act in relation to Aboriginal and Torres Strait Islander children; and (p) reviewing, under chapter 7A, the department's involvement with certain children who have since died-- (i) to facilitate ongoing learning and improvement in the provision of services by the department; and (ii) to promote the accountability of the department; and (q) providing, or helping provide, public education about child abuse and neglect and to encourage people whose occupation involves responsibility for children and members of the public to report suspected child abuse and neglect to the chief executive; and (r) collecting and publishing, or helping to collect and publish, information and statistics about-- (i) harm to children; and (ii) the life outcomes of children in care; and (iii) the relationship between the criminal justice system and the child protection system; and (s) promoting and conducting research into-- (i) the causes and effects of harm to children; and (ii) the life outcomes of children in care; and (iii) the relationship between the criminal justice system and the child protection system; and (t) encouraging tertiary institutions to provide instruction about harm to children and its prevention and treatment. (2) In this section-- children in care means children in the chief executive's custody or guardianship. 8 Who is a child A child is an individual under 18 years. 9 What is harm (1) Harm, to a child, is any detrimental effect of a significant nature on the child's physical, psychological or emotional wellbeing. (2) It is immaterial how the harm is caused. (3) Harm can be caused by-- (a) physical, psychological or emotional abuse or neglect; or (b) sexual abuse or exploitation. 10 Who is a child in need of protection A child in need of protection is a child who-- (a) has suffered harm, is suffering harm, or is at unacceptable risk of suffering harm; and (b) does not have a parent able and willing to protect the child from the harm. 11 Who is a parent (1) A parent of a child is the child's mother, father or someone else (other than the chief executive) having or exercising parental responsibility for the child. (2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. (3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. (4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child. (5) A reference in this Act to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent. Editor's note-- In some provisions, parent has a narrower meaning. The same meaning is given the term in chapter 2, part 2 (see section 23), chapter 2, part 3 (see section 37) and chapter 2, part 4 (see section 52). 12 What is effect of custody (1) This section applies if-- (a) an authorised officer or police officer takes a child into the chief executive's custody; or Editor's note-- Under section 18, a child at immediate risk of harm may be taken into custody. (b) the chief executive has custody of a child under a care agreement; or (c) the chief executive or someone else is granted custody of a child under an assessment order or child protection order. (2) The chief executive, or other person granted custody of the child, has-- (a) the right to have the child's daily care; and (b) the right and responsibility to make decisions about the child's daily care. 13 What is effect of guardianship If the chief executive or someone else is granted guardianship of a child under a child protection order, the chief executive or other person has-- (a) the right to have the child's daily care; and (b) the right and responsibility to make decisions about the child's daily care; and (c) all the powers, rights and responsibilities in relation to the child that would otherwise have been vested in the person having parental responsibility for making decisions about the long-term care, welfare and development of the child. 14 Chief executive may investigate alleged harm (1) If the chief executive becomes aware (whether because of notification given to the chief executive or otherwise) of alleged harm or alleged risk of harm to a child and reasonably suspects the child is in need of protection, the chief executive must immediately-- (a) have an authorised officer investigate the allegation and assess the child's need of protection; or (b) take other action the chief executive considers appropriate. Editor's note-- Section 22 provides for protection from civil liability for persons, who, acting honestly, notify or give information about suspected harm to a child. (2) If the chief executive reasonably believes alleged harm may have involved the commission of a criminal offence relating to the child, the chief executive must immediately give details of the alleged harm to the police commissioner. 15 Child's parents to be told about allegation of harm and outcome of investigation (1) An authorised officer or police officer who is investigating an allegation of harm, or risk of harm, to a child, or assessing the child's need of protection because of the allegation must give details of the alleged harm or risk of harm to at least 1 of the child's parents. (2) Also, as soon as practicable after completing the investigation, the officer must-- (a) tell at least 1 of the child's parents about the outcome of the investigation; and (b) if asked by the parent--give the information in writing to the parent. (3) However, if the officer reasonably believes-- (a) someone may be charged with a criminal offence for the harm to the child and the officer's compliance with subsection (1) or (2) may jeopardise an investigation into the offence; or (b) compliance with the subsection may expose the child to harm; the officer need only comply with the subsection to the extent the officer considers is reasonable and appropriate in the particular circumstances. 16 Contact with child at immediate risk of harm (1) This section applies if-- (a) an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and (b) the officer has been denied contact with the child or can not reasonably gain entry to the place where the officer reasonably believes the child is; and (c) the officer reasonably suspects the child-- (i) is at immediate risk of harm; or (ii) is likely to leave or be taken from a place and suffer harm if the officer does not take immediate action. (2) The officer may exercise the following powers-- (a) enter the place; (b) search the place to find the child; (c) remain in the place, and have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation. (3) The officer may exercise a power under subsection (2) with the help, and using the force, that is reasonable in the circumstances. (4) At the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer. 17 Contact with children in school, child care centre, family day care etc. (1) This section applies if-- (a) an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and (b) the officer reasonably believes-- (i) it is in the child's best interests that the officer has contact with the child before the child's parents are told about the investigation; and (ii) the child's parents knowing in advance about the proposed contact with the child is likely to adversely affect or otherwise prevent the proper and effective conduct of the investigation; and (c) the child is at a school, or place where child care is provided, when the officer is to have contact with the child; and (d) the officer has lawfully entered, and is lawfully remaining at, the school or place. (2) The officer may have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation. (3) Before exercising a power under subsection (2), the officer must notify the principal or other person in charge of the school or place of the intention to exercise the power. (4) As soon as practicable after the officer has had contact with the child, the officer must tell at least 1 of the child's parents that the officer has had contact with the child and the reasons for the contact. (5) The officer's obligation under subsection (4) to give reasons for the contact with the child is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes-- (a) someone may be charged with a criminal offence for harm to the child and the officer's compliance with the subsection may jeopardise an investigation into the offence; or (b) compliance with the subsection may expose the child to harm. (6) Also, at the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer. 18 Child at immediate risk may be taken into custody (1) This section applies if-- (a) an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and (b) the officer reasonably believes the child is at risk of harm and the child is likely to suffer harm if the officer does not immediately take the child into custody. (2) The officer may take the child into the chief executive's custody. (3) For subsection (2), the officer may-- (a) enter the place where the officer reasonably believes the child is; and (b) search the place to find the child; and (c) remain in the place for as long as the officer reasonably considers is necessary to find the child. (4) The officer may exercise a power under subsection (2) or (3) with the help, and using the force, that is reasonable in the circumstances. (5) The officer must, as soon as practicable, apply for a temporary assessment order for the child. (6) Also, the officer may arrange a medical examination of, or for medical treatment for, the child that is reasonable in the circumstances. Editor's note-- Section 97 (Carrying out medical examinations or treatment) applies to the medical examination or treatment. (7) The chief executive's custody of the child ends on the earlier of the following to happen-- (a) the application for the temporary assessment order for the child is decided; (b) 8 hours elapses after the child is taken into custody. 19 Effect of taking child into custody on existing order (1) This section applies if-- (a) an authorised officer or police officer takes a child into the chief executive's custody; and (b) a child protection order granting custody or guardianship of the child to someone other than the chief executive is in force. (2) The order, so far as it relates to the child's custody or guardianship, ceases to have effect while the chief executive's custody of the child continues. 20 Officer's obligations on taking child into custody (1) If an authorised officer or police officer takes a child into the chief executive's custody, the officer must, as soon as practicable-- (a) take reasonable steps to tell at least 1 of the child's parents-- (i) that the child has been taken into custody and the reasons for the action; and (ii) when the chief executive's custody ends under section 18(7); and (b) tell the child about his or her being taken into the chief executive's custody; and Editor's note-- Section 195 deals with compliance with provisions about giving information. (c) tell the chief executive the child has been taken into the chief executive's custody and where the child has been taken. (2) Subsection (1) does not require the officer to tell the child's parents in whose care the child has been placed. (3) The officer's obligation under subsection (1)(a)(i) to give reasons for taking the child into custody is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes-- (a) someone may be charged with a criminal offence for harm to the child and the officer's compliance with the subparagraph may jeopardise an investigation into the offence; or (b) compliance with the subparagraph may expose the child to harm. 21 Moving child to safe place (1) This section applies if-- (a) an authorised officer or police officer reasonably believes a child who is under 12 years is at risk of harm but does not consider it necessary to take the child into the chief executive's custody to ensure the child's protection; and (b) a parent or other member of the child's family is not present at the place where the child is, and, after reasonable inquiries, the officer can not contact a parent or other member of the child's family. (2) The officer may, with the help that is reasonable in the circumstances, move the child to a safe place and make arrangements for the child's care at the place. (3) As soon as practicable after moving the child, the officer must-- (a) take reasonable steps to tell at least 1 of the child's parents or a family member of the child's whereabouts; and (b) if the officer is a police officer--tell the chief executive the child has been moved to a safe place and where the child has been moved. (4) The child may be cared for at the place under the arrangements until the child's parents or family members resume or assume the child's care. (5) The moving of the child does not-- (a) prevent the child's parents or family members resuming or assuming care of the child; or (b) affect existing parental rights for the child. 21A Unborn children (1) This section applies if, before the birth of a child, the chief executive reasonably suspects the child may be in need of protection after he or she is born. (2) The chief executive must take the action the chief executive considers appropriate including, for example-- (a) having an authorised officer investigate the circumstances and assess the likelihood that the child will need protection after he or she is born; or (b) offering help and support to the pregnant woman. (3) The purpose of this section is to reduce the likelihood that the child will need protection after he or she is born (as opposed to interfering with the pregnant woman's rights or liberties). 22 Protection from liability for notification of, or information given about, alleged harm or risk of harm (1) This section applies if a person, acting honestly-- (a) notifies the chief executive or another officer of the department that the person suspects-- (i) a child has been, is being or is likely to be, harmed; or (ii) an unborn child may be at risk of harm after he or she is born; or (b) gives the chief executive, an authorised officer or a police officer-- (i) information about alleged harm or alleged risk of harm to a child; or (ii) information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born. (2) The person is not liable, civilly, criminally or under an administrative process, for giving the notification or information. (3) Also, merely because the person gives the notification or information, the person can not be held to have-- (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. (4) Without limiting subsections (2) and (3)-- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person-- (i) does not contravene the Act, oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. 23 Meaning of parent in pt 2 In this part-- parent, of a child, means each of the following persons-- (a) the child's mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under a law of the State or another State; (d) if the child is in a person's custody or guardianship under this Act-- (i) the child's mother or father; and (ii) anyone else who would be the child's parent under paragraph (b) or (c) if the child were not in the person's custody or guardianship under this Act. 24 Purpose of pt 2 (1) This part provides for the making of temporary assessment orders. (2) A temporary assessment order is made to authorise actions necessary as part of an investigation to assess whether a child is a child in need of protection, if the consent of a parent of the child to the actions has not been able to be obtained or it is not practicable to take steps to obtain the parent's consent. 25 Making of application for order (1) An authorised officer or police officer may apply to a magistrate for a temporary assessment order for a child. (2) The application must be sworn and state the following-- (a) the grounds on which it is made; (b) the nature of the order sought; (c) if taking the child into, or keeping the child in, the chief executive's custody is sought--the proposed arrangements for the child's care. (3) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example-- The magistrate may require additional information supporting the application be given by statutory declaration. 26 Deciding application A magistrate may decide an application for a temporary assessment order without notifying the child's parents of the application or hearing them on the application. 27 Making of temporary assessment order (1) The magistrate may make a temporary assessment order for the child only if the magistrate is satisfied-- (a) an investigation is necessary to assess whether the child is a child in need of protection; and (b) the investigation can not be properly carried out unless the order is made. (2) However, in deciding the application, the magistrate must also be satisfied reasonable steps have been taken to obtain the consent of at least 1 of the child's parents to the doing of the things sought to be authorised under the order or it is not practicable to take steps to obtain the consent. 28 Provisions of temporary assessment order (1) The magistrate may make a temporary assessment order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances-- (a) authorising an authorised officer or police officer-- (i) to have contact with the child; and (ii) if the magistrate is satisfied it is necessary to provide interim protection for the child while the investigation is carried out--to take the child into, or keep the child in, the chief executive's custody while the order is in force; (b) authorising the child's medical examination or treatment; Editor's note-- Section 97 (Carrying out medical examinations or treatment) applies to the medical examination or treatment. (c) directing a parent not to have contact (direct or indirect)-- (i) with the child; or (ii) with the child other than when a stated person or a person of a stated category is present. (2) In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the magistrate is satisfied-- (a) entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child's whereabouts are not known; and (b) the entry is necessary for the effective enforcement of the order. (3) On entering a place, an authorised officer or police officer may remain in the place for as long as the officer reasonably considers necessary for exercising the officer's powers under this section. (4) An authorised officer or police officer may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances. 29 Duration of temporary assessment orders (1) A temporary assessment order must state the time when it ends. (2) The stated time must not be more than 3 days after the day the order is made. (3) The order ends at the stated time unless it is extended. (4) Regardless of subsections (1) to (3), the order ends when the child turns 18 years. 30 Special orders (1) An authorised officer or police officer may apply for a temporary assessment order (a special order) by phone, fax, radio or another form of communication if the officer considers it necessary because of-- (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer's remote location. (2) Before applying for the order, the officer must prepare an application stating the grounds on which the order is sought. (3) The officer may apply for the order before the application is sworn. (4) After making the order, the magistrate must immediately fax a copy of it to the officer if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy of the order to the officer-- (a) the magistrate must tell the officer-- (i) what the terms of the order are; and (ii) the date and time the order was made; and (b) the officer must complete a form of order (order form) and write on it-- (i) the magistrate's name; and (ii) the date and time the magistrate made the order; and (iii) the order's terms. (6) The facsimile order, or the order form properly completed by the officer, authorises the exercise of powers under the order made by the magistrate. (7) The officer must, at the first reasonable opportunity, send to the magistrate-- (a) the sworn application; and (b) if the officer completed an order form--the completed order form. (8) On receiving the documents, the magistrate must attach them to the order. (9) A court must find the exercise of the power by an officer was not authorised by a special order if-- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special order; and (b) the order is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the officer obtained the order. 31 Order--procedure before entry (1) This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary assessment order. (2) Before entering the place, the officer must do or make a reasonable attempt to do the following things-- (a) identify himself or herself to a person present at the place who is an occupier of the place; (b) give the person-- (i) a copy of the order so far as it relates to the entry and searching of the place; or (ii) if the entry and searching is authorised by a facsimile order or order form mentioned in section 30(6), a copy of the facsimile order or order form so far as it relates to the entry and searching of the place; (c) tell the person the officer is permitted by the order to enter and search the place to find the child; (d) give the person an opportunity to allow the officer immediate entry to the place without using force. (3) For subsection (2)(a), an authorised officer must produce the officer's identity card to the person for inspection. Editor's note-- For a police officer, see the Police Powers and Responsibilities Act 2000, section 637 (Supplying police officer's details). (4) However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated. 32 Explanation of temporary assessment orders Immediately after a temporary assessment order is made for a child, the applicant for the order must-- (a) give a copy of the order, or facsimile order or order form under section 30(6), to at least 1 of the child's parents; and (b) explain the terms and effect of the order; and (c) inform the parent-- (i) about the right of appeal; and (ii) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and Editor's note-- Under section 29, the duration of a temporary assessment order must be not more than 3 days. (iii) how to appeal; and (d) tell the child about the order. Editor's note-- Section 195 deals with compliance with provisions about giving information. 33 Police officers to notify chief executive of certain orders If a temporary assessment order is made on the application of a police officer, the officer must immediately give copies of the application and order to the chief executive. 34 Extension of temporary assessment orders (1) An authorised officer or police officer may apply to a magistrate for an order to extend the term of a temporary assessment order for a child. (2) This part applies, with all necessary changes, to the application as if it were an application for a temporary assessment order. (3) The magistrate may extend the temporary assessment order only if the magistrate is satisfied the order has not ended. (4) The temporary assessment order may be extended until the end of the next business day after it would have otherwise ended if the magistrate is satisfied the officer intends to apply for a court assessment order or child protection order for the child within the extended term. (5) Unless subsection (4) applies, the temporary assessment order may not be extended to a time ending more than 3 days after the day it was made. (6) A temporary assessment order may not be extended more than once under subsection (4). 35 Variation of temporary assessment orders (1) An authorised officer or police officer may apply to a magistrate for an order to vary a temporary assessment order for a child. (2) This part applies, with all necessary changes, to the application as if it were an application for a temporary assessment order. 36 Effect of temporary assessment order on existing child protection orders If a temporary assessment order is made for a child for whom a child protection order is already in force, the temporary assessment order prevails to the extent of any inconsistency between the orders. 37 Meaning of parent in pt 3 In this part-- parent, of a child, means each of the following persons-- (a) the child's mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under a law of the State or another State; (d) if the child is in a person's custody or guardianship under this Act-- (i) the child's mother or father; and (ii) anyone else who would be the child's parent under paragraph (b) or (c) if the child were not in the person's custody or guardianship under this Act. 38 Purpose of pt 3 (1) This part provides for the making of court assessment orders. (2) A court assessment order is made to authorise actions necessary as part of an investigation to assess whether a child is a child in need of protection if- - (a) the consent of a parent of the child to the actions has not been able to be obtained or it is not practicable to take steps to obtain the parent's consent; and (b) more than 3 days is necessary to complete the investigation and assessment. Editor's note-- Under part 2, a temporary assessment order may be obtained for not more than 3 days. 39 Application for court assessment order (1) An authorised officer or police officer may apply to the Childrens Court for a court assessment order for a child. (2) The application must-- (a) be sworn; and (b) state the grounds on which it is made; and (c) state the nature of the order sought; and (d) comply with applicable rules of court; and (e) be filed in the court. 40 Registrar to fix time and place for hearing When the application is filed, the registrar of the Childrens Court must immediately fix a time and place for hearing the application having regard to the principle that it is in the best interests of the child for the application to be heard as soon as possible. 41 Notice of application (1) As soon as practicable after the application is filed, the applicant must-- (a) personally serve a copy of it on each of the child's parents; and (b) tell the child about the application. Editor's note-- Section 195 deals with compliance with provisions about giving information. (2) However, if it is not practicable to serve the copy personally, a copy of the application may be served on a parent by leaving it at, or by sending it by post to, the parent's residential address last known to the applicant. (3) Also, if the applicant is a police officer, the applicant must immediately give a copy of the application to the chief executive. (4) A copy of the application served under this section must state-- (a) when and where the application is to be heard; and (b) for a copy served on a parent--that the application may be heard and decided even though the parent does not appear in court. 42 Respondents to application The child's parents are respondents to the application. 43 Hearing of application in absence of parents (1) The Childrens Court may hear and decide the application in the absence of the child's parents only if-- (a) the parents have been given reasonable notice of the hearing and fail to attend or continue to attend the hearing; or (b) it is satisfied it was not practicable to give the parents notice of the hearing. (2) Subsection (1) does not limit the jurisdiction of the court to exclude a person from a proceeding. 44 Making of court assessment order The Childrens Court may make a court assessment order only if the court is satisfied an investigation is necessary to assess whether the child is a child in need of protection and the investigation can not be properly carried out unless the order is made. 45 Provisions of court assessment order (1) The order may provide for any 1 or more of the following the court considers to be appropriate in the circumstances-- (a) authorising an authorised officer or police officer to have contact with the child; (b) authorising the medical examination or treatment of the child; (c) if the court is satisfied it is necessary to provide interim protection for the child while the investigation is carried out-- (i) granting temporary custody of the child to the chief executive; and (ii) authorising an authorised officer or police officer to take the child into, or keep the child in, the chief executive's custody while the order is in force; (d) making provision about the child's contact with the child's family during the chief executive's custody of the child; (e) directing a parent not to have contact (direct or indirect)-- (i) with the child; or (ii) with the child other than when a stated person or a person of a stated category is present. (2) In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the court is satisfied-- (a) entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child's whereabouts are not known; and (b) the entry is necessary for the effective enforcement of the order. (3) On entering a place, an authorised officer or police officer may remain in the place for as long as the officer considers necessary for exercising the officer's powers under this section. (4) An authorised officer or police officer may exercise the officer's powers under the order with the help, and using the force, that is reasonable in the circumstances. 46 Order--procedure before entry (1) This section applies if an authorised officer or police officer is intending to enter a place under an authority under a court assessment order. (2) Before entering the place, the officer must do or make a reasonable attempt to do the following things-- (a) identify himself or herself to a person present at the place who is an occupier of the place; (b) give the person a copy of the order so far as it relates to the entry and searching of the place; (c) tell the person the officer is permitted by the order to enter and search the place to find the child; (d) give the person an opportunity to allow the officer immediate entry to the place without using force. (3) For subsection (2)(a), an authorised officer must produce the officer's identity card to the person for inspection. Editor's note-- For a police officer, see the Police Powers and Responsibilities Act 2000, section 637 (Supplying police officer's details). (4) However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated. 47 Duration of court assessment orders (1) A court assessment order for a child must state the time when it ends. (2) The stated time must not be more than 4 weeks after the day the hearing of the application for the order is first brought before the court. Editor's note-- Under section 40, the registrar fixes the time and place for hearing the application. (3) The order ends at the stated time unless it is extended or earlier revoked. (4) Regardless of subsections (1) to (3), the order ends when the child turns 18 years. 48 Chief executive's obligations after making of court assessment order As soon as practicable after a court assessment order for a child is made, the chief executive must give to the parties to the application for the order-- (a) a copy of the order; and (b) a written notice-- (i) explaining the terms and effect of the order; and (ii) stating that a party may appeal against the decision to make the order within 28 days after the order is made; and (iii) stating how to appeal. 49 Extension of court assessment orders (1) An authorised officer may apply to the Childrens Court for an order to extend the term of a court assessment order for not more than 4 weeks. (2) This part applies, with all necessary changes, to the application as if it were an application for a court assessment order. (3) The court may extend the term of the order only if the court is satisfied-- (a) the order has not ended; and (b) the extension is in the child's best interests. (4) A court assessment order may not be extended more than once. 50 Variation and revocation of court assessment orders (1) An authorised officer may apply to the Childrens Court for an order to vary or revoke a court assessment order. (2) This part applies, with all necessary changes, to the application as if it were an application for a court assessment order. (3) Without limiting the things to which the court may have regard in deciding the application, the court may have regard to a contravention of the court assessment order or this Act. 51 Effect of court assessment order on existing child protection orders If a court assessment order is made for a child for whom a child protection order is already in force, the court assessment order prevails to the extent of any inconsistency between the orders. 51A What is case planning Case planning is the process of developing a case plan for a child and then regularly reviewing it. 51B What is a case plan (1) A case plan for a child is a written plan for meeting the child's protection and care needs. (2) A case plan may include any of the following matters-- (a) a goal or goals to be achieved by implementing the plan; (b) arrangements about where or with whom the child will live, including interim arrangements; (c) services to be provided to meet the child's protection and care needs and promote the child's future wellbeing; (d) matters for which the chief executive will be responsible, including particular support or services; (e) the child's contact with the child's family group or other persons with whom the child is connected; (f) arrangements for maintaining the child's ethnic and cultural identity; (g) matters for which a parent or carer will be responsible; (h) a proposed review day for the plan. 51C Children for whom case plans are required The chief executive must ensure a case plan is developed for each child who the chief executive is satisfied-- (a) is a child in need of protection; and (b) needs ongoing help under this Act. Notes-- 1 Ongoing help under this Act may be, for example-- 2 A case plan may not be required for a particular child because another entity is working to address the child's protection and care needs and, as part of the work, is undertaking case planning with the child and the child's family. 51D How case planning must be carried out (1) The chief executive must ensure case planning for a child is carried out in a way-- (a) that enables timely decision-making; and (b) that is consistent with the principles for administering this Act; and Editor's note-- See section 5 (Principles for administration of Act). (c) that encourages and facilitates the participation of-- (i) the child; and (ii) the child's parents; and (iii) other appropriate members of the child's family group; and (iv) for an Aboriginal or Torres Strait Islander child-- Aboriginal or Torres Strait Islander agencies and persons; and Note-- Section 6(5) requires consultations, negotiations, family group meetings and other proceedings involving an Aboriginal person or Torres Strait Islander to be conducted in a way and in a place that is appropriate to Aboriginal tradition or Island custom. (v) other appropriate persons; and (d) that facilitates input from other appropriate entities; and Example of input from another entity-- Information given by a local health agency about services available to a family. (e) that gives priority to the child's needs for long-term stable care and continuity of relationships; and (f) that enables the persons involved to understand it. Examples for paragraph (f)-- 1 The chief executive should explain the case planning process to a child using language appropriate to the child's age, language skills and circumstances. 2 The chief executive should tell a child's parents about child protection concerns, and explain steps in the case planning process to them, in a way that helps them to understand, ask questions and participate in any discussion. For a parent from a non-English speaking background, this may involve the use of an interpreter. (2) The chief executive must give participants in case planning the information they reasonably need to participate effectively. (3) The information must be given to the participants in a timely way to facilitate their effective participation. 51E Who is a child's family group For this part, a child's family group includes-- (a) members of the child's extended family; and (b) if the child belongs to a clan, tribe or similar group--members of that group; and (c) anyone else recognised by persons mentioned in paragraph (a) or (b) as belonging to the child's family. 51F Meaning of parent in pt 3A In this part-- parent, of a child, means each of the following persons-- (a) the child's mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under a law of the State or another State; (d) if the child is in a person's custody or guardianship under this Act-- (i) the child's mother or father; and (ii) anyone else who would be the child's parent under paragraph (b) or (c) if the child were not in the person's custody or guardianship under this Act. 51G Purposes The purposes of family group meetings are-- (a) to provide family-based responses to children's protection and care needs; and (b) to ensure an inclusive process for planning and making decisions relating to children's wellbeing and protection and care needs. 51H Convening a meeting (1) The chief executive must convene a family group meeting, or have a private convenor convene a family group meeting, to develop a case plan for a child. (2) A family group meeting convened to develop a case plan is a case planning meeting. (3) The chief executive may also convene a family group meeting or have a private convenor convene a family group meeting-- (a) to review a case plan under division 5 and prepare a revised case plan; or (b) to consider, make recommendations about, or otherwise deal with, another matter relating to the child's wellbeing and protection and care needs. (4) Also, under section 68, the Childrens Court may order that a family group meeting be convened. 51I Private convenors (1) A private convenor is a person, other than the chief executive or a delegate or other representative of the chief executive, who convenes a family group meeting under this part by arrangement with the chief executive. (2) The chief executive may have a person convene a family group meeting as a private convenor only if the chief executive is satisfied the person is appropriately qualified. (3) If the chief executive has a private convenor convene a family group meeting, the chief executive must ensure the private convenor complies with this part in relation to the meeting. (4) For section 197(3), definition official, a private convenor is a person acting under the direction of the chief executive. 51J Function (1) The function of a family group meeting is to deal with the matters, relating to a child's protection and care needs or wellbeing, for which the meeting was convened. (2) For a case planning meeting, this includes-- (a) considering the child's protection and care needs; and (b) agreeing on a plan to meet those needs and promote the child's wellbeing. 51K Application of div 3 This division applies to a case planning meeting. 51L Who should be involved (1) The convenor must give the following persons a reasonable opportunity to attend and participate in the meeting-- (a) the child, unless it would be inappropriate because of the child's age or ability to understand; (b) the child's parents; (c) other members of the child's family group who the convenor considers likely to make a useful contribution to the plan's development at the meeting; (d) other persons with whom the child has a significant relationship; Example-- An approved carer may be someone with whom the child has a significant relationship. (e) any legal representative of the child; (f) if the child is an Aboriginal or Torres Strait Islander child-- a recognised entity, or member of a recognised entity, for the child; (g) anyone else who the convenor considers likely to make a useful contribution to the plan's development at the meeting; (h) if the convenor is a private convenor--the chief executive. (2) The convenor must also allow the child or a parent of the child to have someone attend and participate in the meeting to give help or support to the child or parent. Examples-- a youth worker an Aboriginal or Torres Strait Islander elder a representative within the child's cultural community a legal representative (3) To remove any doubt, it is declared that a requirement to allow a person to attend or participate in the meeting under subsection (1) or (2) applies whether or not the child's parents agree to the person's attendance or participation. (4) The convenor is not required to allow a particular person to attend or participate in the meeting under subsection (1)(b) to (d) or (2) if the convenor is satisfied that person's attendance or participation would be contrary to the purposes of the meeting or not in the child's best interests. 51M Preparing for the meeting (1) Before holding the meeting, the convenor must inform the invitees-- (a) that the chief executive considers the child is a child in need of protection; and (b) the assessed risks to the child and the child's assessed needs; and (c) details of the proposed meeting, including-- (i) the proposed day, time and venue for the meeting; and (ii) the purpose and functions of the meeting; and (iii) particular issues to be addressed at the meeting; and (iv) the opportunities for attendees to identify issues or deal with particular issues. (2) In this section-- invitee means a person mentioned in section 51L(1) other than a person mentioned in section 51L(4). 51N Obtaining the views of persons not attending The convenor must take reasonable steps to ascertain before the meeting, and make known at the meeting, the views relevant to the meeting of the following persons and entities-- (a) the child, if the child's views may reasonably be ascertained and the convenor does not expect the child to be attending; (b) another person mentioned in section 51L(1) who notifies the convenor that he or she will not be attending; (c) a member of the child's family group who, under section 51L(4), has not been invited to the meeting but whose views, in the convenor's opinion, should be obtained; (d) a relevant service provider. Example of a relevant service provider-- A member of the SCAN system involved in assessing and responding to the child's protection needs. 51O Recording the case plan developed at the meeting If a case plan is developed at the meeting, the convenor must record the plan in the approved form and, if the convenor is a private convenor, give it to the chief executive. 51P Development of plan at more than 1 meeting A case plan may be developed at more than 1 meeting under this division. 51Q Dealing with a case plan developed at a meeting Within 7 days after a case plan is developed at a case planning meeting, the chief executive must endorse the plan unless section 51R applies. 51R Dealing with an inappropriate plan (1) This section applies if the chief executive is satisfied a case plan developed at a case planning meeting, or something in the plan, is clearly impracticable or not in the child's best interests. (2) The chief executive may-- (a) reconvene, or have a private convenor reconvene, the case planning meeting under division 3 to develop an amended case plan; or (b) convene, or have a private convenor convene, another case planning meeting under division 3 to develop an amended case plan; or (c) amend the case plan and endorse the amended plan. (3) The chief executive may amend the case plan under subsection (2)(c)-- (a) only to the extent necessary to ensure the plan is practicable and in the child's best interests; and (b) only within 7 days after the case planning meeting at which it was developed; and (c) if the meeting was convened by a private convenor, only after consulting with the private convenor. (4) If the chief executive amends the case plan under subsection (2)(c), the chief executive must give written notice of the amendment, and the reasons for the amendment, to each person who was at the meeting at which the plan was developed. 51S Preparing the plan if not developed at a meeting (1) This section applies if a case plan is not developed at the case planning meeting or meetings held under division 3. (2) This section also applies if it has not been possible for the chief executive to convene a family group meeting, or have a private convenor convene a family group meeting, under section 51H(1). (3) The chief executive must-- (a) take reasonable steps to obtain the views of any of the following persons and entities whose views have not yet been obtained-- (i) the child, if the child's views may reasonably be ascertained; (ii) another person mentioned in section 51L(1); (iii) another member of the child's family group whose views, in the chief executive's opinion, should be obtained; (iv) a relevant service provider; and (b) having regard to the views (if any), prepare a case plan, in the approved form, that the chief executive is satisfied best meets the child's protection and care needs and endorse the plan. (4) If the meeting mentioned in subsection (1) was convened under a court order under section 68(1)(d)(i), the chief executive must file the plan prepared under this section in the court. 51T Distributing and implementing the plan After a case plan has been recorded in the approved form and endorsed, the chief executive must-- (a) give a copy of the plan to the child, unless that would be inappropriate having regard to the child's age and ability to understand; and (b) explain the plan to the child in a way, and to an extent, that is reasonable, having regard to the child's age and ability to understand; and (c) give a copy of the plan to-- (i) the child's parents; and (ii) anyone else affected by the plan or who the chief executive considers should receive a copy; and Examples of persons who may be given a copy-- an approved carer an elder or other respected person of the child's community (d) support the implementation of the plan. Example of supporting the implementation of the plan-- The chief executive may provide, or arrange for another entity to provide, a service to the child's family. 51U Application of div 5 This division applies to a child for whom a case plan has been developed, while-- (a) a child protection order is in force for the child; or (b) the child otherwise remains a child mentioned in section 51C. 51V Plan must be reviewed (1) The chief executive must regularly review the case plan. (2) In deciding when, or how often, to review the plan, the chief executive must have regard to-- (a) the child's age and circumstances; and (b) the nature of the arrangements in place under the plan; and (c) any problems or potential problems with the plan, or ways the plan might be improved, of which the chief executive is aware; and (d) if a child protection order for the child is in force--the duration of the order. (3) In any case, the review must happen at least every 6 months. (4) After reviewing the plan, the chief executive must prepare-- (a) a report about the review under section 51X; and (b) a revised case plan. 51W Who may participate (1) The chief executive must give the following persons a reasonable opportunity to participate in the review and preparation of the revised case plan-- (a) the child, unless it would be inappropriate because of the child's age or ability to understand; (b) the child's parents; (c) other members of the child's family group who the chief executive considers are likely to make a useful contribution; (d) other persons with whom the child has a significant relationship; Example-- An approved carer may be someone with whom the child has a significant relationship. (e) any legal representative of the child; (f) if the child is an Aboriginal or Torres Strait Islander child-- a recognised entity, or member of a recognised entity, for the child; (g) a relevant service provider; (h) anyone else who the chief executive considers is likely to make a useful contribution to the review. (2) To enable the participation, the chief executive may convene a family group meeting or have a private convenor convene a family group meeting. (3) If a family group meeting or other meeting is convened for the purpose of the review and the child or a parent of the child attends, the convenor must allow the child or parent to have someone attend and participate in the meeting to give help or support to the child or parent. (4) To remove any doubt, it is declared that a requirement to allow a person to attend or participate in a meeting under this section, or otherwise participate in the review, applies whether or not the child's parents agree to the person's attendance or participation. (5) The convenor of a meeting under this section is not required to allow a particular person to attend or participate in the meeting, under subsection (1) (b) to (d) or (3), if the convenor is satisfied that person's attendance or participation would be contrary to the purposes of the meeting or not in the child's best interests. 51X Report about the review (1) The report about the review must include the following matters-- (a) the goals in the previous case plan that have been achieved or are yet to be achieved; (b) any changes to the goals in the revised case plan; (c) any services provided to the child under the previous case plan or the revised case plan; (d) the extent to which the living arrangements and contact arrangements under the previous case plan have been meeting the child's needs; (e) who participated in the review and how they participated, including whether a family group meeting was held and who attended. (2) The report must also address how the revised case plan gives priority to the child's need for long-term stable care. (3) For subsection (2), if the child is placed in the care of someone other than a parent of the child under a child protection order granting custody or short-term guardianship of the child, the report must state-- (a) the risks and benefits of returning the child to the care of a parent; and (b) whether there is a real risk that the child's need for long-term stable care will not be able to be met by returning the child to the care of a parent within a timeframe appropriate to the child's age and circumstances; and (c) if there is a real risk mentioned in paragraph (b), the progress made in planning for alternative long-term arrangements for the child, for example-- (i) arrangements for the child to live with a member of the child's family under a child protection order granting long-term guardianship of the child; or (ii) for a young child--arrangements for the child's adoption under the Adoption of Children Act 1964; or (iii) for an older child--arrangements for the child's transition to independent living. 51Y Distributing and implementing the revised case plan (1) This section applies after the chief executive has prepared the revised case plan. (2) The chief executive must-- (a) give a copy of the plan to the child, unless that would be inappropriate having regard to the child's age and ability to understand; and (b) explain any changes in the plan to the child in a way, and to an extent, that is reasonable, having regard to the child's age and ability to understand; and (c) give a copy to the child's parents and anyone else affected by the plan or who the chief executive considers should receive a copy; and (d) support the implementation of the plan. 51Z Application of pt 3B This part applies to a child if-- (a) there is no assessment order in force granting custody of the child to the chief executive and the chief executive-- (i) reasonably suspects the child is a child in need of protection and considers an investigation is necessary to assess the child's need of protection; and (ii) is satisfied it is necessary to provide interim protection for the child while the investigation is carried out; or (b) there is no child protection order in force granting custody or guardianship of the child to anyone and the chief executive is satisfied the child-- (i) is a child in need of protection; and (ii) needs ongoing help under this Act. 51ZA What is intervention The intervention for the child is the action taken by the chief executive to give the help, including ongoing help, that the child needs. Examples-- giving support services to the child and his or her family arranging for the child to be placed in care under a care agreement 51ZB Considering intervention with agreement The chief executive must give proper consideration to intervening with the parents' agreement if-- (a) the child's views and wishes, if able to be ascertained, have been considered; and (b) for a child to whom section 51Z(a) applies, the chief executive is satisfied the child's parents are able and willing to work with the chief executive to meet the child's interim protection needs while the investigation is carried out; and (c) for a child to whom section 51Z(b) applies, the chief executive is satisfied-- (i) the child's parents are able and willing to work with the chief executive to meet the child's protection and care needs; and (ii) it is likely that, by the end of the proposed intervention, the child's parents will be able to meet the child's protection and care needs. 51ZC Working with the child and parents If the chief executive decides to intervene with the parents' agreement, the chief executive must-- (a) encourage and facilitate the participation of the child and child's parents in-- (i) decisions about the most appropriate intervention for the child; and (ii) the carrying out of the intervention; and (b) encourage and facilitate the parents' continuing involvement, during the intervention, with the child's life and care. 51ZD What is a care agreement (1) A care agreement is an agreement between the chief executive and the child's parents for the short-term placement of the child in the care of someone other than the parents. Note-- Section 82 deals with the persons in whose care the child may be placed under a care agreement. (2) A care agreement entered into for a child to whom section 51Z(a) applies is an assessment care agreement. (3) A care agreement entered into for a child to whom section 51Z(b) applies is a child protection care agreement. 51ZE Entering an agreement (1) The chief executive may enter a care agreement for the child if satisfied-- (a) it would be in the child's best interests to be temporarily placed in the care of someone other than the child's parents; and (b) it is not likely that, if the parents end the agreement, the child will be at immediate risk of harm. (2) The chief executive must obtain and have regard to the child's views before entering the care agreement, unless the child is unable to form and express views, taking into account the child's age and ability to understand. (3) The child may also be a party to the care agreement. 51ZF Requirements of an agreement (1) A care agreement must be in the approved form, signed by the parties. (2) A care agreement must state the following-- (a) the name of the person in whose care the child is to be placed; (b) the period of the agreement; (c) where the child will be living; (d) arrangements for contact between the child and his or her parents; (e) the type of decisions relating to the child for which the parents must be consulted. 51ZG Effect of particular agreement While a child protection care agreement is in force for the child, the chief executive has custody of the child. 51ZH Period of an agreement (1) Subject to this division, a care agreement has effect for the period stated in it. (2) The period of an assessment care agreement must not be more than 30 days. (3) An assessment care agreement may not be extended. (4) When a child protection care agreement is entered into, the initial period of operation stated in it must not be more than 30 days. (5) A child protection care agreement must not be made if the total of the following periods would be more than 6 months-- (a) the initial period of the proposed agreement; (b) the period for which any other child protection care agreement was in force for the child within the previous 12 months. (6) Before a child protection care agreement ends, it may be extended by agreement of the parties. (7) A child protection care agreement may be extended more than once. (8) A child protection care agreement must not be extended if the total of the following periods would be more than 6 months-- (a) the period for which the agreement has been in force; (b) the period of the proposed extension; (c) the period for which any other child protection care agreement was in force for the child within the 12 months before the extension. (9) The chief executive must not agree to an extension unless-- (a) a case plan is in force for the child; and (b) the chief executive is satisfied the extension would be in the child's best interests, having regard to the progress made under the case plan and the child's developmental needs. 51ZI Ending an agreement (1) A party to a care agreement may end the agreement at any time by giving at least 2 days notice to the other parties. (2) A care agreement ends automatically if-- (a) a child protection order is made granting custody or guardianship of the child to the chief executive or someone else; or (b) the chief executive otherwise gains custody or guardianship of the child under this Act. 52 Meaning of parent in pt 4 In this part-- parent, of a child, means each of the following persons-- (a) the child's mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under a law of the State or another State; (d) if the child is in a person's custody or guardianship under this Act-- (i) the child's mother or father; and (ii) anyone else who would be the child's parent under paragraph (b) or (c) if the child were not in the person's custody or guardianship under this Act. 53 Purpose of pt 4 (1) This part provides for the making of child protection orders. (2) A child protection order is made to ensure the protection of a child the Childrens Court decides is a child in need of protection. Editor's note-- See section 10 (Who is a child in need of protection). 54 Application for child protection order (1) An authorised officer may apply to the Childrens Court for a child protection order for a child. (2) The application must-- (a) state the grounds on which it is made; and (b) state the nature of the order sought; and (c) comply with applicable rules of court; and (d) be filed in the court. 55 Registrar to fix time and place for hearing When the application is filed, the registrar of the Childrens Court must immediately fix the time and place for hearing the application having regard to the principle that it is in the best interests of the child for the application to be heard as early as possible. 56 Notice of application (1) As soon as practicable after the application is filed, the applicant must-- (a) personally serve a copy of it on each of the child's parents; and (b) tell the child about the application. Editor's note-- Section 195 deals with compliance with provisions about giving information. (2) However, if it is not practicable to serve the copy personally, a copy of the application may be served on a parent by leaving it at, or by sending it by post to, the parent's residential address last known to the applicant. (3) The copy of the application served under this section must state-- (a) when and where the application is to be heard; and (b) the application may be heard and decided even though the parent does not appear in court. 57 Respondents to hearing The child's parents are respondents to the application. 58 Hearing of application in absence of parents (1) The Childrens Court may hear and decide the application in the absence of the child's parents only if-- (a) the parents have been given reasonable notice of the hearing and fail to attend or continue to attend the hearing; or (b) it is satisfied it was not practicable to give the parents notice of the hearing. (2) Subsection (1) does not limit the jurisdiction of the court to exclude a person from a proceeding. 59 Making of child protection order (1) The Childrens Court may make a child protection order only if it is satisfied-- (a) the child is a child in need of protection and the order is appropriate and desirable for the child's protection; and (b) there is a case plan for the child-- (i) that has been developed or revised under part 3A; and (ii) that is appropriate for meeting the child's assessed protection and care needs; and (c) if the making of the order has been contested, a conference between the parties has been held or reasonable attempts to hold a conference have been made; and (d) the child's wishes or views, if able to be ascertained, have been made known to the court; and (e) the protection sought to be achieved by the order is unlikely to be achieved by an order under this part on less intrusive terms. (2) The court must not make a child protection order unless a copy of the child's case plan and, if it is a revised case plan, a copy of the report about the last revision under section 51X have been filed in the court. (3) Also, before making a child protection order granting custody or guardianship of a child to a person other than the chief executive, the court must have regard to any report given, or recommendation made, to the court by the chief executive about the person, including a report about the person's criminal history, domestic violence history and traffic history. Editor's note-- Section 95 deals with reports about the person's criminal history, domestic violence history and traffic history. (4) In addition, before making a child protection order granting long-term guardianship of a child, the court must be satisfied-- (a) there is no parent able and willing to protect the child within the foreseeable future; or (b) the child's need for emotional security will be best met in the long-term by making the order. (5) Further, the court must not grant long-term guardianship of a child to-- (a) a person who is not a member of the child's family unless the child is already in custody or guardianship under a child protection order; or (b) the chief executive if the court can properly grant guardianship to another suitable person. (6) This section does not apply to the making of an interim order under section 67. 60 Extraterritoriality To remove doubt, it is declared the Childrens Court may make a child protection order even if the events causing the child to be a child in need of protection happened outside Queensland, or partly in Queensland and partly outside Queensland. 61 Types of child protection orders The Childrens Court may make any of the following child protection orders it considers to be appropriate in the circumstances-- (a) an order directing a parent of the child to do or refrain from doing something directly related to the child's protection; (b) an order directing a parent not to have contact, direct or indirect-- (i) with the child; or (ii) with the child other than when a stated person or a person of a stated category is present; (c) an order requiring the chief executive to supervise the child's protection in relation to the matters stated in the order; (d) an order granting custody of the child to-- (i) a suitable person, other than a parent of the child, who is a member of the child's family; or (ii) the chief executive; (e) an order granting short-term guardianship of the child to the chief executive; (f) an order granting long-term guardianship of the child to-- (i) a suitable person, other than a parent of the child, who is a member of the child's family; or (ii) another suitable person, other than a member of the child's family, nominated by the chief executive; or (iii) the chief executive. 62 Duration of child protection orders (1) A child protection order for a child must state the time when it ends. (2) The stated time for the order-- (a) if it does not grant custody or guardianship of the child--must not be more than 1 year after the day it is made; or (b) if it grants custody or short-term guardianship of the child-- must not be more than 2 years after the day it is made; or (c) if it grants long-term guardianship of the child--must be the end of the day before the child turns 18 years. (3) The order ends at the stated time unless it is extended or earlier revoked. (4) Regardless of subsections (1) to (3), the order ends when the child turns 18. 63 Chief executive's obligations after making of child protection order As soon as practicable after a child protection order for a child is made, the chief executive must give to the parties to the application for the order-- (a) a copy of the order; and (b) a written notice-- (i) explaining the terms and effect of the order; and (ii) stating that a party may appeal against the decision to make the order within 28 days after the order is made; and (iii) stating how to appeal. 64 Extension of certain child protection orders (1) An authorised officer may apply to the Childrens Court for an order to extend a child protection order for a child other than an order granting long- term guardianship of a child. (2) The application must be made before the order ends. (3) This part applies, with all necessary changes, to the application as if it were an application for a child protection order. 65 Variation and revocation of child protection orders (1) An authorised officer, a child's parent or the child may apply to the Childrens Court for an order to-- (a) vary or revoke a child protection order for the child; or (b) revoke a child protection order for the child and make another child protection order in its place. (2) However, a child's parent can not-- (a) apply for an order to revoke a child protection order for the child and make another child protection order in its place that grants guardianship of the child; or (b) without the leave of the court, apply for an order to vary or revoke a child protection order for the child if another application for an order by a parent of the child to vary or revoke the child protection order has been decided by the court. (3) For subsection (2)(b), the court may grant leave only if it is satisfied the child's parent has new evidence to give to the court. (4) This part applies, with the changes prescribed in subsection (5) and all other necessary changes, to the application as if it were an application for a child protection order for the child. (5) If the application is made by the child or a parent of the child-- (a) other parents of the child and the chief executive become respondents to the application; and (b) immediately after the application is made, the registrar must give written notice to the chief executive of the time and place for hearing the application; and (c) as soon as practicable after receiving the registrar's notice, the chief executive must comply with section 56 except so far as it relates to the applicant. (6) The court may, under subsection (1)(a), revoke a child protection order for a child only if it is satisfied the order is no longer necessary to protect the child. (7) Without limiting the things to which the court may have regard in deciding the application, the court may have regard to a contravention of the child protection order or this Act. (8) In this section-- child protection order does not include an interim order under section 67. 66 Court may adjourn proceedings (1) The Childrens Court may adjourn a proceeding for a court assessment order or child protection order for a child for a period decided by the court. (2) However, for a court assessment order the total period of adjournments must not be longer than 4 weeks. Editor's note-- Section 47 (Duration of court assessment orders) contains provisions about when a court assessment order ends. (3) In deciding the period, the court must take into account the principle that it is in the child's best interests for the application for the order to be decided as soon as possible. (4) The court must state the reasons for the adjournment and may give directions to the parties to the proceeding about the things to be done by them during the adjournment. 67 Court's powers to make interim orders on adjournment (1) On the adjournment of a proceeding for a court assessment order or child protection order, the Childrens Court may make all or any of the following orders-- (a) an interim order granting temporary custody of the child-- (i) for a court assessment order--to the chief executive; or (ii) for a child protection order--to the chief executive or a suitable person who is a member of the child's family; (b) an interim order directing a parent of the child not to have contact (direct or indirect)-- (i) with the child; or (ii) with the child other than when a stated person or a person of a stated category is present. (2) The order has effect for the period of the adjournment. (3) In this section-- parent, of a child, means each of the following persons-- (a) the child's mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under a law of the State or another State; (d) if the child is in a person's custody or guardianship under this Act-- (i) the child's mother or father; and (ii) anyone else who would be the child's parent under paragraph (b) or (c) if the child were not in the person's custody or guardianship under this Act. 68 Court's other powers on adjournment of proceedings for child protection orders (1) On the adjournment of a proceeding for a child protection order, the Childrens Court may also make 1 or more of the following orders-- (a) an order requiring a written social assessment report about the child and the child's family be prepared and filed in the court; (b) an order authorising a medical examination or treatment of the child and requiring a report of the examination or treatment be filed in the court; Editor's note-- Section 97 (Carrying out medical examinations or treatment) applies to the medical examination or treatment. (c) subject to subsection (5), an order about the child's contact with the child's family during the adjournment; (d) an order requiring the chief executive-- (i) to convene a family group meeting to develop or revise a case plan and file the plan in the court; or (ii) to convene a family group meeting to consider, make recommendations about, or otherwise deal with, another matter relating to the child's wellbeing and protection and care needs; (e) an order that a conference between the parties be held before the proceeding continues to decide the matters in dispute or to try to resolve the matters; (f) an order that the child be separately legally represented. (2) If the court makes an order under subsection (1)(a) or (b), the court must state the particular issues the report must address. (3) Subsection (2) does not limit the issues that may be addressed in the report. (4) Without limiting subsection (1)(c), an order mentioned in the paragraph may limit the child's contact with the child's family or provide for how the contact is to happen. (5) The court must not make an order under subsection (1)(c) requiring the chief executive to supervise family contact with the child unless the chief executive agrees to supervise the contact. 69 Registrar to appoint chairperson and convene conference (1) If the Childrens Court orders a conference be held between the parties to a proceeding, the registrar of the court must-- (a) appoint a chairperson for the conference; and (b) convene the conference to be held as soon as practicable after the order is made. (2) The chairperson must have the qualifications or experience prescribed under rules of court made under the Childrens Court Act 1992. 70 Attendance of parties (1) The chairperson and parties must attend the conference. (2) However, subsection (1) does not require the child to attend the conference. (3) The parties may be represented by their legal representatives at the conference. (4) If the child is an Aboriginal or Torres Strait Islander child, a recognised entity for the child or member of a recognised entity for the child may attend the conference. (5) However, no one else can attend the conference without the chairperson's approval. 71 Communications inadmissible in evidence without consent Anything said at the conference is inadmissible in a proceeding before any court other than with the consent of all the parties. 72 Report of conference (1) As soon as practicable after the conference is finished, the chairperson must file in the court a report of the conference containing the particulars prescribed under rules of court made under the Childrens Court Act 1992. (2) If the report states the parties have reached an agreement in relation to the application the subject of the proceeding and it is practicable for the application to be heard earlier than the adjournment date, the registrar must immediately-- (a) fix a new time and place for the hearing of the application; and (b) advise the chairperson and the parties of the time and place for the hearing of the application. (3) If the new time and place for the hearing of the application is not the same day the conference finished, the registrar must confirm the advice by written notice. 73 Chief executive's obligations about meeting child's protection and care needs under certain orders and agreements (1) This section applies if-- (a) a child protection order is made for a child, other than an order granting long-term guardianship of the child; or (b) a care agreement is entered into for a child. (2) The chief executive must take steps that are reasonable and practicable to help the child's family meet the child's protection and care needs. (3) For subsection (2), the chief executive must have regular contact with the child and the child's parents or other appropriate members of the child's family. 74 Charter of rights for a child in care (1) This section applies if the chief executive-- (a) has custody or guardianship of a child under a child protection order; or (b) has custody of a child under a care agreement. (2) As far as reasonably practicable, the chief executive must ensure the charter of rights for a child in care in schedule 1 is complied with in relation to the child. (3) Subsection (2) does not limit another provision of this Act. (4) The chief executive must ensure the child-- (a) is told about the charter of rights and its effect; and (b) is given written information about the charter of rights unless, having regard to the child's age or ability to understand, the chief executive reasonably believes the child would not be able to understand the information; and (c) is told about the Commission for Children and Young People and Child Guardian and other entities known to the chief executive that can help the child if the child considers that the charter of rights is not being complied with in relation to the child. 75 Transition from care (1) This section applies to a child or person who is or has been a child in the custody or under the guardianship of the chief executive. (2) As far as practicable, the chief executive must ensure the child or person is provided with help in the transition from being a child in care to independence. (3) Without limiting subsection (2), the help may include financial assistance provided under section 159. 76 Application of div 2 This division applies if, under a child protection order for a child, the chief executive is required to supervise the child's protection in relation to matters stated in the order. 77 Obligations of child's parents and powers of authorised officers (1) The child's parents or other person with whom the child is living must-- (a) keep the chief executive informed about where the child is living; and (b) allow authorised officers to have reasonable contact with the child. (2) For subsection (1)(b), an authorised officer may enter the place where the child is living at any reasonable time to have contact with the child and to inquire about the child's care. (3) The officer may exercise the officer's powers under subsection (2) with the help, and using the force, that is reasonable in the circumstances. 78 Chief executive's powers (1) For giving effect to the child protection order, the chief executive may, by written notice given to a parent of the child, direct the parent to do or refrain from doing something specifically relating to the supervision matters stated in the order. (2) The notice must state the following-- (a) the reasons for the decision; (b) that the parent may apply to the tribunal to have the decision reviewed only on the ground mentioned in subsection (3); (c) the application must be made within 28 days after the person receives the notice; (d) how to apply to have the decision reviewed. (3) The parent may apply to have the decision to give the direction reviewed only on the ground that the direction does not specifically relate to the supervision matters. (4) Despite the Children Services Tribunal Act 2000, section 70 the tribunal can not grant a stay of the decision. 79 Obligations of family members to department under orders (1) If, under a child protection order, a member of a child's family is granted custody of the child, the family member must help the chief executive achieve the child's future protection, including, for example, by taking part in meetings with the child's family. (2) The family member must-- (a) keep the chief executive informed about where the child is living; and (b) allow authorised officers to have reasonable contact with the child. 80 Obligations of family members and other persons to child's parents (1) If, under a child protection order for a child, a member of the child's family or another suitable person is granted custody or guardianship of the child, the family member or person must-- (a) tell the parents where the child is living; and (b) give them information about the child's care; and (c) provide opportunity for contact between the child and the child's parents and appropriate members of the child's family as often as is appropriate in the circumstances. (2) However, if the Childrens Court is satisfied compliance with the requirements of subsection (1) would constitute a significant risk to the safety of the child or anyone else with whom the child is living, the court may order that all or part of the requirements do not apply, or apply with stated modifications or apply to a stated extent. 81 Application of div 4 This division applies if the chief executive has custody or guardianship of a child under this Act. 82 Placing child in care (1) The chief executive may place the child in the care of-- (a) an approved kinship carer for the child; or (b) an approved foster carer; or (c) an entity conducting a departmental care service; or (d) a licensee; or (e) if it is not possible, or not in the child's best interests, for the child to be placed in the care of an entity mentioned in paragraphs (a) to (d)--a provisionally approved carer for the child; or (f) if the chief executive is satisfied another entity would be the most appropriate for meeting the child's particular protection and care needs--that entity. Example for paragraph (f)-- A particular medical or residential facility may be the most appropriate entity for a child with a disability. (2) Also, if the child is in the chief executive's custody or guardianship under a child protection order, the chief executive may place the child in the care of a parent of the child. 82A Placement with more than 1 approved carer (1) The child may be placed in the care of more than 1 approved carer at the same time. (2) If it is proposed to place the child in the care of an approved carer, and the approved carer lives with his or her spouse and holds a certificate of approval jointly with the spouse, the child must be placed in the care of both of them. 83 Additional provisions for placing Aboriginal and Torres Strait Islander children in care (1) This section applies if the child is an Aboriginal or a Torres Strait Islander child. (2) The chief executive must ensure a recognised entity for the child is given an opportunity to participate in the process for making a decision about where or with whom the child will live. (3) However, if because of urgent circumstances the chief executive makes the decision without the participation of a recognised entity for the child, the chief executive must consult with a recognised entity for the child as soon as practicable after making the decision. (4) In making a decision about the person in whose care the child should be placed, the chief executive must give proper consideration to placing the child, in order of priority, with-- (a) a member of the child's family; or (b) a member of the child's community or language group; or (c) another Aboriginal person or Torres Strait Islander who is compatible with the child's community or language group; or (d) another Aboriginal person or Torres Strait Islander. (5) Also, the chief executive must give proper consideration to-- (a) the views of a recognised entity for the child; and (b) ensuring the decision provides for the optimal retention of the child's relationships with parents, siblings and other people of significance under Aboriginal tradition or Island custom. (6) If the chief executive decides there is no appropriate person mentioned in subsection (4)(a) to (d) in whose care the child may be placed, the chief executive must give proper consideration to placing the child, in order of priority, with-- (a) a person who lives near the child's family; or (b) a person who lives near the child's community or language group. (7) Before placing the child in the care of a family member or other person who is not an Aboriginal person or Torres Strait Islander, the chief executive must give proper consideration to whether the person is committed to-- (a) facilitating contact between the child and the child's parents and other family members, subject to any limitations on the contact under section 87; and (b) helping the child to maintain contact with the child's community or language group; and (c) helping the child to maintain a connection with the child's Aboriginal or Torres Strait Islander culture; and (d) preserving and enhancing the child's sense of Aboriginal or Torres Strait Islander identity. 83A Giving information to carers and children (1) Before placing the child in care under section 82, the chief executive must-- (a) give to the proposed carer the information that the chief executive has about the child that the proposed carer reasonably needs to help him or her make an informed decision whether to agree to the placement; and (b) give the child information the chief executive has about the proposed carer and members of the proposed carer's household that the child reasonably needs to participate meaningfully in the decision about who will be the child's carer; and (c) if possible, give the child an opportunity to meet the proposed carer and members of the proposed carer's household. (2) When placing the child in care, and while the child is in care, the chief executive must give the carer information that the chief executive has relating to the child that the carer reasonably needs-- (a) to provide care for the child under this Act; and (b) to ensure the safety of the child, the carer and other members of the carer's household. (3) If the child is placed in the care of a licensee-- (a) a requirement under subsection (1) or (2) to give information to the proposed carer or carer applies to the licensee instead of the chief executive; and (b) the chief executive must give the licensee the information that the chief executive has about the child that the licensee needs to comply with the requirement. (4) In deciding the information about the child to give to someone under this section, the chief executive must have regard to-- (a) the views and wishes of the child, having regard to the child's age and ability to understand; and (b) the proposed length of time of the placement; and (c) the child's right to privacy under the charter of rights. (5) Before giving information about the child to someone under this section, the chief executive must tell the child what information is being given and why it is being given. (6) In this section-- carer, in relation to a child, means-- (a) if the child is placed in the care of an approved carer--the approved carer; or (b) if the child is placed in the care of another entity--the individual who directly provides care to the child. 84 Agreements to provide care for children (1) If an approved carer agrees to care for the child, the chief executive and approved carer must enter into a written agreement for the child's care. Note-- Provisions of the agreement may be included in the child's case plan. (2) The terms prescribed under a regulation must be included in the agreement. 85 Chief executive to tell parents of placing child in care--assessment order (1) This section applies if the child is in the chief executive's custody under an assessment order. (2) Subject to subsections (3) and (4), the chief executive must, as soon as practicable after deciding in whose care to place the child, tell the child's parents in whose care the child is placed and where the child is living. (3) Before complying with subsection (2), the chief executive must consider the matters prescribed under a regulation. (4) If, after considering the matters, the chief executive reasonably suspects compliance with subsection (2) could constitute a significant risk to the safety of the child or anyone else with whom the child is living, the chief executive need not comply with the subsection. 86 Chief executive to notify parents of placing child in care--child protection order (1) This section applies if the child is in the chief executive's custody or guardianship under a child protection order. (2) Subject to subsections (3) and (4), the chief executive must, as soon as practicable after deciding in whose care to place the child, give written notice of the decision to the child and the child's parents stating the following-- (a) the person in whose care the child is placed and where the child is living; (b) the reasons for the decision; (c) that the child and the child's parents may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; (d) how to apply to have the decision reviewed. (3) Before complying with subsection (2), the chief executive must consider the matters prescribed under a regulation. (4) If, after considering the matters, the chief executive reasonably suspects compliance with subsection (2) would constitute a significant risk to the safety of the child or anyone else with whom the child is living, the chief executive may decide not to comply with the subsection. (5) If the chief executive makes a decision under subsection (4), the chief executive must give written notice of the decision to the child and the child's parents stating the following-- (a) that the chief executive has decided not to tell the child's parents the person in whose care the child is placed and where the child is living; (b) the reasons for the decision; (c) that the child and the child's parents may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; (d) how to apply to have the decision reviewed. (6) Subsection (2) does not apply if the chief executive is satisfied it is not reasonably practicable for the chief executive to give the notice because the child is placed in the person's care for less than 7 days. 87 Chief executive to provide contact between child and child's parents (1) The chief executive must provide opportunity for contact between the child and the child's parents and appropriate members of the child's family as often as is appropriate in the circumstances. (2) However, the chief executive may refuse to allow, or restrict or impose conditions on, contact between the child and the child's parents or members of the child's family, if the chief executive is satisfied it is in the child's best interests to do so or it is not reasonably practicable in the circumstances for the parents or family member to have the contact. (3) If the chief executive refuses to allow, or restricts or imposes conditions on contact between the child and a person, the chief executive must give written notice of the decision to each person affected by the decision. (4) The notice must-- (a) be given as soon as practicable after the decision is made; and (b) state the reasons for the decision; and (c) state that the person may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; and (d) state how to apply to have the decision reviewed. 88 Chief executive to provide contact between Aboriginal or Torres Strait Islander child and child's community or language group (1) This section applies if the child is an Aboriginal or a Torres Strait Islander child. (2) The chief executive must provide opportunity for contact, as often as is appropriate in the circumstances, between the child and appropriate members of the child's community or language group. 89 Removal from carer's care The chief executive may decide to remove the child from the care of the child's carer if the chief executive is satisfied it is in the child's best interests. 90 Notice of removal from care (1) This section applies if the chief executive-- (a) has custody or guardianship of the child under a child protection order; or (b) has custody of the child under a care agreement. (2) As soon as practicable after making the decision to remove the child from the care of the child's carer, the chief executive must give written notice of the decision to the carer and the child unless-- (a) the child is placed in the carer's care for less than 7 days; or (b) if the child is in the care of an approved carer--the child is removed under a provision of the agreement under section 84 relating to the duration of the child's care. (3) The notice to the carer must state the following-- (a) the reasons for the decision; (b) if, under section 91, the carer is entitled to apply to have the decision reviewed-- (i) the carer may apply to the tribunal to have the decision reviewed; and (ii) the application must be made within 28 days after the carer receives the notice; and (iii) how to apply to have the decision reviewed. (4) The notice to the child must state-- (a) the reasons for the decision; and (b) that the child may apply to the tribunal to have the decision reviewed; and (c) the application must be made within 28 days after the child receives the notice; and (d) how to apply to have the decision reviewed. (5) Subsection (4)(b) to (d) do not apply if-- (a) the child was placed with the carer under a care agreement; or (b) the carer is a provisionally approved carer. 91 Review of decision to remove child from carer's care The child's carer is entitled to have the decision to remove the child from the carer's care reviewed by the tribunal if-- (a) the chief executive has custody or guardianship of the child under a child protection order; and (b) the carer is not a provisionally approved carer; and (c) either-- (i) the child protection order grants the chief executive long-term guardianship of the child; or (ii) the stated reason for the decision is the carer is no longer a suitable person to have the care of the child or the carer is no longer able to meet the standards of care in the statement of standards for the child. 92 Application of div 5 This division applies if, under a child protection order, the chief executive is granted custody or guardianship of a child. 93 Management of child's property by public trustee (1) This section applies if-- (a) the child has an entitlement to property; and (b) the chief executive has powers and duties in relation to the property; and (c) the chief executive is satisfied it is in the child's best interests for the public trustee to manage the property. (2) The chief executive may give written notice to the public trustee requiring the public trustee to manage the property for the child. (3) On receipt of the notice, the public trustee becomes the manager of the property and has the powers and duties in relation to it under the Public Trustee Act 1978, part 6, as if the child were an incapacitated person. 94 Audit of trust by public trustee (1) This section applies if the child is a beneficiary under a trust. (2) For the Public Trustee Act 1978, section 60, the chief executive is a person interested in the trust. 95 Report about person's criminal history etc. (1) Subsection (2) applies if-- (a) the chief executive intends to give a report or make a recommendation to the Childrens Court, or is asked or required by the court to give a report or make a recommendation to the court, about-- (i) a child's parents; or (ii) a person to whom the court is considering granting custody or guardianship of a child; or (b) the chief executive proposes to place a child who is in the chief executive's custody or guardianship in the care of an individual, other than an approved carer, who has agreed to be the child's carer (the proposed carer). (2) For ensuring the chief executive or court has all relevant information the chief executive or court needs for assessing the suitability of a person to have the custody, guardianship or care of a child who is found to be a child in need of protection, the chief executive may ask-- (a) the police commissioner to give the chief executive a written report about the criminal history and domestic violence history of-- (i) the parents, person to whom the court is considering granting custody or guardianship or an adult member of the parents' or person's household; or (ii) the proposed carer or an adult member of the proposed carer's household; and (b) the chief executive for transport to give the chief executive a written report about the traffic history of the parents, person to whom the court is considering granting custody or guardianship of the child or proposed carer. (3) Also, if an authorised officer is investigating an allegation of harm or risk of harm to a child or assessing a child's need of protection under section 14, the chief executive may-- (a) ask the police commissioner to give the chief executive a written report about the criminal history and domestic violence history of-- (i) a parent of the child; or (ii) an adult member of a parent's household; or (iii) an adult against whom the allegation of harm or risk of harm has been made; and (b) ask the chief executive for transport to give the chief executive a written report about the traffic history of a parent of the child. (4) The police commissioner or chief executive for transport must comply with a request under subsection (2) or (3). (5) Subsections (2)(a) and (3)(a) apply to the criminal history or domestic violence history in the police commissioner's possession or to which the police commissioner has access. (6) Subsection (4) applies despite the Transport Operations (Road Use Management) Act 1995, section 77. (7) Subsection (8) applies to a person in relation to whom the police commissioner must give a report mentioned in subsection (2) or (3). (8) Also, the police commissioner may give the chief executive a copy of, or extract from, the police commissioner's records in relation to-- (a) the commission or alleged commission of the following offences by the person-- (i) a personal offence against anyone; (ii) an offence against the Drugs Misuse Act 1986; (iii) an offence against section 162, 164, 166, 167 or 168; or (b) an application for a protection order under the Domestic and Family Violence Protection Act 1989 in which the person is an aggrieved or respondent under that Act. 97 Carrying out medical examinations or treatment (1) This section applies if-- (a) an authorised officer or police officer-- (i) takes a child into the chief executive's custody; and (ii) seeks medical examination of, or treatment for, the child; or Editor's note-- Under section 18(6), an authorised officer or police officer may arrange for a child's medical examination or treatment. (b) a child is in the chief executive's custody under this Act and the chief executive seeks medical examination of, or treatment for, the child; or (c) an order for a child authorises the child's medical examination or treatment. Editor's note-- Under section 28(1)(b) a temporary assessment order may authorise the medical examination or treatment of the child. Also, under section 45 (1)(b) a court assessment order may authorise the medical examination or treatment of the child. (2) A health practitioner may medically examine or treat the child. (3) Subsection (2) applies even though the child's parents have not consented to the examination or treatment. (4) However, subsection (2) is subject to the rights the child has in relation to the examination or treatment. (5) Also, the health practitioner may only carry out medical treatment that is reasonable in the circumstances. (6) If this section applies because of subsection (1)(a) or (b) or because of an order mentioned in subsection (1)(c) that is an assessment order, the health practitioner must give the chief executive or police commissioner a report about the medical examination or treatment. (7) For the purpose of deciding any liability in relation to the carrying out of the examination or treatment, the health practitioner is taken to have the consent of the child's parents to the examination or treatment. 98 Carrying out social assessments (1) If, on an application for a child protection order, the Childrens Court makes an order requiring a social assessment of the child and the child's family, an appropriately qualified practitioner may carry out the social assessment. Editor's note-- See section 68(1)(a) (Court's other powers on adjournment of proceedings for child protection orders). (2) The practitioner does not incur liability for an act or omission done or omitted to be done honestly and without negligence in carrying out the social assessment. 99 Custody or guardianship of child continues pending decision on application for order (1) This section applies if-- (a) a child is in the chief executive's custody or guardianship, or the custody of a member of the child's family, under an order; and (b) before the order ends, an application is made for the extension of the order or for another order. (2) The custody or guardianship continues until the application is decided unless the Childrens Court orders an earlier end to the custody or guardianship. 100 Application of ch 3 This chapter applies to a proceeding under this Act. 101 Definition for ch 3 In this chapter-- order means a court assessment order or child protection order. 102 Court's jurisdiction and constitution (1) The Childrens Court must be constituted by a judge when exercising its jurisdiction to hear appeals against decisions of the court constituted in another way. (2) The Childrens Court must be constituted by a judge or magistrate when exercising its jurisdiction to decide applications for child protection orders. (3) The Childrens Court must be constituted by a judge or magistrate or 2 justices of the peace (magistrates court) when exercising its jurisdiction to-- (a) decide applications for court assessment orders; or (b) make interim orders on applications for court assessment orders or child protection orders or adjourn the hearing of the applications. Editor's note-- Under the Acts Interpretation Act 1954, section 24AA, the court has power to amend or repeal an instrument or decision it is authorised or required to make. The power is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision. (4) Subsection (3) has effect despite the Justices of the Peace and Commissioners for Declarations Act 1991, section 29(4). Editor's note-- Under the Justices of the Peace and Commissioners for Declarations Act 1991, section 29(4), the exercise of powers of justices of the peace (magistrates court) constituting a court are limited unless expressly provided in the Act conferring powers on the justices. 103 Court's jurisdiction unaffected by pending criminal proceeding (1) The Childrens Court's jurisdiction is not affected merely because a criminal proceeding is pending against-- (a) the child concerned; or (b) a parent of the child; or (c) another party to the proceeding in the court; or (d) anyone else. (2) Subsection (1) applies whether or not the criminal proceeding has arisen out of the same or similar facts as those out of which the proceeding in the court has arisen. 104 Court's paramount consideration In exercising its jurisdiction or powers, the Childrens Court must regard the welfare and best interests of the child as paramount. 105 Evidence (1) In a proceeding, the Childrens Court is not bound by the rules of evidence, but may inform itself in any way it thinks appropriate. (2) If, on an application for an order, the Childrens Court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities. 106 Court to ensure parties understand proceeding (1) In a proceeding for a child, the Childrens Court must, as far as practicable, ensure the child's parents and other parties to the proceeding (including the child if present) understand the nature, purpose and legal implications of the proceeding and of any order or ruling made by the court. (2) If the child, parent of a child or other party to a proceeding has a difficulty communicating in English or a disability that prevents him or her from understanding or taking part in the proceeding, the Childrens Court must not hear the proceeding without an interpreter to translate things said in the proceeding or a person to facilitate his or her taking part in the proceeding. 107 Expert help (1) In a proceeding on an application for an order, the Childrens Court may appoint a person having a special knowledge or skill to help the court. (2) The court may act under subsection (1) on the court's own initiative or on the application of a party to the proceeding. 108 Right of appearance and representation (1) In a proceeding on an application for an order for a child, the child, the child's parents and the other parties may appear in person or be represented by a lawyer. (2) Also, if the child's parents for any reason can not appear in person, another person appointed in writing by the parents may, with the leave of the court, present their views and wishes. 108A Right of appearance of departmental coordinators (1) A coordinator may appear in a proceeding. (2) In this section-- coordinator means an officer or employee of the department who is authorised in writing by the chief executive to appear in proceedings under this Act. 109 Legal representation of child's parents (1) If, in a proceeding on an application for an order for a child, a parent of the child appears in the Childrens Court but is not represented by a lawyer, the court may continue with the proceeding only if it is satisfied the parent has had reasonable opportunity to obtain legal representation. (2) Subsection (1) does not prevent the court exercising powers under chapter 2, part 5, division 1. 110 Separate legal representation of child (1) If, in a proceeding on an application for an order for a child, the Childrens Court considers it is necessary in the child's best interests for the child to be separately represented by a lawyer, the court may-- (a) order that the child be separately represented by a lawyer; and (b) make the other orders it considers necessary to secure the child's separate legal representation. (2) Without limiting subsection (1), the court must consider making orders about the child's separate legal representation if-- (a) the application for the order is contested by the child's parents; or (b) the child opposes the application. (3) The lawyer must-- (a) act in the child's best interests regardless of any instructions from the child; and (b) as far as possible, present the child's views and wishes to the court. 111 Legal representation of more than 1 child (1) A lawyer may represent more than 1 child in the same proceeding. (2) However, if the court considers a lawyer should not represent more than 1 child because of a conflict of interest, or a possible conflict of interest, the court may order that a child be represented by another lawyer. 112 Child can not be compelled to give evidence (1) In a proceeding on an application for an order for a child, the child may only be called to give evidence with the leave of the Childrens Court. (2) The court may grant leave only if the child-- (a) is at least 12 years; and (b) is represented by a lawyer; and (c) agrees to give evidence. (3) If the child gives evidence, he or she may be cross examined only with the leave of the court. 113 Court may hear submissions from non-parties to proceeding (1) In a proceeding on an application for an order for a child, the Childrens Court may hear submissions from the following persons-- (a) a member of the child's family; (b) anyone else the court considers is able to inform it on any matter relevant to the proceeding. (2) A submission may be made by a person's lawyer. 114 Transfer of proceedings (1) If a magistrate constituting the Childrens Court is of the opinion a proceeding before the magistrate should be heard by the court constituted by a magistrate at another place, the magistrate may order that the proceeding be transferred to the court constituted by a magistrate at the other place. (2) A magistrate may act under subsection (1) on the magistrate's own initiative or on the application of a party to the proceeding. 115 Hearing of applications together (1) The Childrens Court may hear 2 or more applications for orders together if, before any of the applications are decided, a party to the proceeding for any of the applications asks that the applications be heard together and the court considers it is in the interests of justice that the applications be heard together. (2) Subsection (1) applies even though the parties, or all of the parties, to the proceedings are not the same. 116 Costs The parties to a proceeding in the Childrens Court for an order must pay their own costs of the proceeding. 117 Who may appeal (1) The following persons may appeal to the appellate court against a decision on an application for a temporary assessment order for a child-- (a) the applicant; (b) the child; (c) the child's parents. (2) A party to the proceeding for an application for a court assessment order or child protection order for a child may appeal to the appellate court against a decision on the application. (3) In this section-- parent, of a child, means each of the following persons-- (a) the child's mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under a law of the State or another State; (d) if the child is in a person's custody or guardianship under this Act-- (i) the child's mother or father; and (ii) anyone else who would be the child's parent under paragraph (b) or (c) if the child were not in the person's custody or guardianship under this Act. 118 How to start appeal (1) The appeal is started by filing a written notice of appeal with the registrar of the appellate court. (2) The appellant must serve a copy of the notice on the other persons entitled to appeal against the decision. (3) The notice of appeal must be filed within 28 days after the decision is made. (4) The court may at any time extend the period for filing the notice of appeal. (5) The notice of appeal must state fully the grounds of the appeal and the facts relied on. 119 Stay of operation of decisions (1) The appellate court may stay a decision appealed against to secure the effectiveness of the appeal. (2) A stay-- (a) may be given on the reasonable conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (3) However, the period of a stay must not extend past the time when the court decides the appeal. (4) An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed. 120 Hearing procedures (1) An appeal against a decision of a magistrate on an application for a temporary assessment order is not restricted to the material before the magistrate. (2) An appeal against another decision must be decided on the evidence and proceedings before the Childrens Court. (3) However, the appellate court may order that the appeal be heard afresh, in whole or part. 121 Powers of appellate court In deciding an appeal, the appellate court may-- (a) confirm the decision appealed against; or (b) vary the decision appealed against; or (c) set aside the decision and substitute another decision; or (d) set aside the decision appealed against and remit the matter to the magistrate or Childrens Court that made the decision. 122 Statement of standards (1) The chief executive must take reasonable steps to ensure a child placed in care under section 82 is cared for in a way that meets the following standards (the statement of standards)-- (a) the child's dignity and rights will be respected at all times; (b) the child's needs for physical care will be met, including adequate food, clothing and shelter; (c) the child will receive emotional care that allows him or her to experience being cared about and valued and that contributes to the child's positive self-regard; (d) the child's needs relating to his or her culture and ethnic grouping will be met; (e) the child's material needs relating to his or her schooling, physical and mental stimulation, recreation and general living will be met; (f) the child will receive education, training or employment opportunities relevant to the child's age and ability; (g) the child will receive positive guidance when necessary to help him or her to change inappropriate behaviour; (h) the child will receive dental, medical and therapeutic services necessary to meet his or her needs; (i) the child will be given the opportunity to participate in positive social and recreational activities appropriate to his or her developmental level and age; (j) the child will be encouraged to maintain family and other significant personal relationships; (k) if the child has a disability--the child will receive care and help appropriate to the child's special needs. (2) For subsection (1)(g), techniques for managing the child's behaviour must not include corporal punishment or punishment that humiliates, frightens or threatens the child in a way that is likely to cause emotional harm. (3) For subsection (1)(j), if the chief executive has custody or guardianship of the child, the child's carer must act in accordance with the chief executive's reasonable directions. (4) The application of the standards to the child's care must take into account what is reasonable having regard to-- (a) the length of time the child is in the care of the carer or care service; and (b) the child's age and development. 123 Purpose of pt 2 The purpose of this part is to provide a system of licensing services, and approving individuals, to provide care for children to enable the chief executive to ensure the care of children in the chief executive's custody or guardianship meets the standards of care in the statement of standards. 124 Individuals can not hold licences An individual is not eligible to hold a licence. 125 Application for, or renewal of, licence (1) An application for, or renewal of, a licence to provide care services must- - (a) be made by a corporation; and (b) be made to the chief executive in the approved form; and (c) nominate an adult to be nominee for the licence; and (d) be accompanied by a notice that-- (i) is signed by the nominee for the licence; and (ii) states whether or not for each person mentioned in section 126(b)(i) or (ii), the person has a current positive prescribed notice or a current negative prescribed notice; and (iii) if the person has a current positive prescribed notice--states the expiry date for the notice; and (iv) if the person does not have a current prescribed notice--states whether or not there is a current application for a prescribed notice for the person; and (e) if the application is for renewal of a licence--be made at least 30 days before the licence ends. (2) The application form approved by the chief executive may require the disclosure of the domestic violence history and traffic history of a person to whom section 142A(a) applies. 126 Restrictions on granting application The chief executive must not grant the application unless the chief executive is satisfied-- (a) the applicant is a suitable entity to provide care services; and (b) the following persons are suitable persons-- (i) the directors of the applicant; (ii) the nominee for the licence; (iii) the persons who will be, or are, responsible for directly managing the care service the subject of the application; (iv) the persons who will be, or are, engaged in relation to the provision of care services by the service; and (c) each person mentioned in paragraph (b)(i) or (ii) has a current positive prescribed notice; and (d) the applicant will comply with the Commissioner's Act, part 6, in carrying on a regulated business or employing persons in regulated employment under that Act; and (e) the standard of care provided or to be provided complies or will comply with the statement of standards; and (f) methods for the selection, training and management of people engaged in providing the services are suitable. 127 Grant of application (1) If the chief executive decides to grant the application, the chief executive must issue and give to the applicant a licence. (2) The licence may be issued subject to the reasonable conditions the chief executive considers appropriate. (3) The licence must be in the approved form. (4) The approved form must provide for the inclusion of the following-- (a) the licensee's name; (b) the name of the nominee for the licence; (c) the address of the licensed premises; (d) any conditions of the licence. 128 Duration of licence The licence or its renewal has effect for 3 years. 129 Refusal of application (1) If the chief executive decides to refuse the application, the chief executive must give written notice of the decision to the applicant. (2) The notice must-- (a) be given within 10 days after the decision is made; and (b) state the reasons for the decision; and (c) unless the application is refused because a person mentioned in section 126(b)(i) or (ii) does not have a current positive prescribed notice-- (i) state that the applicant may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; and (ii) state how to apply to have the decision reviewed. 130 Nominees (1) The nominee for a licence is responsible for ensuring-- (a) the standard of care provided by the service complies with the statement of standards; and (b) the persons engaged in relation to the provision of care services by the service are suitable persons; and (c) the licensee complies with the Commissioner's Act, part 6, in carrying on a regulated business or employing persons in regulated employment under that Act. (2) An adult may be a nominee for more than 1 licence. 131 Application of div 3 This division applies to-- (a) a certificate of approval as an approved foster carer (a foster carer certificate); or (b) a certificate of approval as an approved kinship carer (a kinship carer certificate). 132 Holding a certificate (1) Only an individual is eligible to hold a certificate. (2) Two or more individuals may hold a certificate jointly. (3) A person living with his or her spouse may only hold a certificate jointly with the spouse. (4) A person may hold more than 1 kinship carer certificate. 133 Process for initial issue of a certificate (1) A person may apply to the chief executive to be issued with a certificate. (2) The application must be in the approved form. (3) The approved form may require the disclosure of any of the following-- (a) the applicant's criminal history, domestic violence history and traffic history; (b) the membership of the applicant's household; (c) information of which the applicant is aware, or that the applicant reasonably suspects, about the criminal history, domestic violence history and traffic history of each member of the applicant's household; (d) information about whether the applicant and each adult member of the applicant's household has a current positive prescribed notice, a current negative prescribed notice or a current application for a prescribed notice; (e) if the applicant or an adult member of the applicant's household has a current positive prescribed notice--the expiry date for the notice. (4) The application must be signed by the applicant and each adult member of the applicant's household. Note-- Under division 7, the chief executive may obtain information about the applicant and adult members of the applicant's household direct from the police commissioner and the chief executive for transport. (5) If the chief executive decides to grant the application, the chief executive must issue a certificate and give it to the applicant. (6) The certificate may be issued subject to the reasonable conditions the chief executive considers appropriate. (7) If it is a kinship carer certificate, it must relate only to the care of 1 child. (8) The matters stated in the certificate must include the following-- (a) the approved carer's name; (b) whether the carer is an approved foster carer or approved kinship carer; (c) for a kinship carer certificate--the name of the child for whom the carer is approved; (d) any conditions of the certificate; (e) the day of its issue; (f) the day on which it is due to expire (the expiry day). (9) The expiry day must be-- (a) for a foster carer certificate--1 year from the day of issue; or (b) for a kinship carer certificate--not more than 1 year from the day of issue. (10) Subject to this Act, the certificate has effect until the expiry day. 134 Process to renew a certificate (1) Before a certificate ends, the holder may apply to the chief executive to renew the certificate. (2) The application must be in the approved form. (3) The approved form may require the disclosure of a change to any of the following information that has not been previously notified to the chief executive-- (a) the applicant's criminal history, domestic violence history and traffic history; (b) the membership of the applicant's household; (c) information of which the applicant is aware, or that the applicant reasonably suspects, about the criminal history, domestic violence history and traffic history of a member of the applicant's household; (d) information about whether the applicant and each adult member of the applicant's household has a current positive prescribed notice, a current negative prescribed notice or a current application for a prescribed notice; (e) if the applicant or an adult member of the applicant's household has a current positive prescribed notice--the expiry date for the notice. (4) The application must be signed by the applicant and each adult member of the applicant's household. Note-- Under division 7, the chief executive may obtain information about the applicant and adult members of the applicant's household direct from the police commissioner and the chief executive for transport. (5) If the chief executive decides to grant the application, the chief executive must issue a new certificate and give it to the applicant. (6) The matters stated in the certificate must include the following-- (a) that it is a renewed certificate; (b) the approved carer's name; (c) whether the carer is an approved foster carer or approved kinship carer; (d) for a kinship carer certificate--the name of the child for whom the carer is approved; (e) any conditions of the certificate; (f) the day of its issue; (g) the day on which it is due to expire (the expiry day). (7) The conditions may only include conditions that applied immediately before the renewal. Note-- The conditions may be changed by amending the certificate under division 4. (8) The expiry day must be-- (a) for a foster carer certificate--2 years from the day of issue; or (b) for a kinship carer certificate--not more than 2 years from the day of issue. (9) Subject to this Act, the certificate has effect until the expiry day. 135 Restrictions on granting application (1) The chief executive must not grant an application for, or to renew, a certificate unless the chief executive is satisfied of the following matters-- (a) for a foster carer certificate-- (i) the applicant is a suitable person to be an approved foster carer; and (ii) all members of the applicant's household are suitable persons to associate on a daily basis with children; and (iii) the applicant and each adult member of the applicant's household have a current positive prescribed notice; and (iv) the applicant is able to meet the standards of care in the statement of standards; and (v) the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer's care; (b) for a kinship carer certificate-- (i) the applicant is kin to the child to whom the approval relates; and (ii) the applicant is a suitable person to be an approved kinship carer for the child; and (iii) all members of the applicant's household are suitable persons to associate on a daily basis with the child; and (iv) the applicant and each adult member of the applicant's household have a current positive prescribed notice; and (v) the applicant is able to meet the standards of care in the statement of standards; and (vi) the applicant is able to help in appropriate ways towards achieving plans for the child's protection. (2) In this section-- adult member, of an applicant's household, means a person who is an adult member of the household both at the time when the application is made and when it is decided. 136 Refusal of application (1) If the chief executive decides to refuse an application for, or to renew, a certificate, the chief executive must give written notice of the decision to the applicant. (2) The notice must-- (a) be given within 10 days after the decision is made; and (b) state the reasons for the decision; and (c) unless the application is refused because a person mentioned in section 135(1)(a)(iii) or (b)(iv) does not have a current positive prescribed notice-- (i) state that the applicant may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; and (ii) state how to apply to have the decision reviewed. 136A Application and purpose of div 3A (1) This division applies to a certificate of approval as a provisionally approved carer. (2) The purpose of this division is to enable the chief executive to give limited approval to a person to care for a particular child in circumstances where-- (a) the person has been provisionally assessed as suitable to care for the child; and (b) it is not possible, or not in the child's best interests, for the child to be placed in the care of an approved kinship carer for the child, approved foster carer, entity conducting a departmental care service or licensee. 136B Holding a certificate (1) Only an individual is eligible to hold a certificate. (2) Two or more individuals may hold a certificate jointly. (3) A person living with his or her spouse may only hold a certificate jointly with the spouse. (4) A person may hold more than 1 certificate. 136C Basis for issuing a certificate The chief executive may decide to issue a person with a certificate relating to the care of a particular child if-- (a) the chief executive proposes to place the child in care under this Act; and (b) the person has applied for a certificate of approval as-- (i) an approved foster carer; or (ii) an approved kinship carer for the child; and (c) the application has not yet been decided; and (d) the person agrees to being issued with a certificate of approval as a provisionally approved carer for the child; and (e) the chief executive is satisfied of the following matters-- (i) the person is a suitable person to be a provisionally approved carer for the child; (ii) all members of the person's household are suitable persons to associate on a daily basis with the child; (iii) the person is able to meet the standards of care in the statement of standards. 136D Issue of certificate (1) If the chief executive makes a decision under section 136C, the chief executive must issue a certificate and give it to the applicant. (2) The certificate may be issued subject to the reasonable conditions the chief executive considers appropriate. (3) The certificate must relate only to the care of 1 child. (4) The matters stated in the certificate must include the following-- (a) the approved carer's name; (b) that it is a certificate of approval as a provisionally approved carer; (c) the name of the child for whom the carer is approved; (d) any conditions of the certificate; (e) the day of its issue; (f) the day on which it is due to expire (the expiry day). (5) The expiry day must be not more than 60 days from the day of issue. (6) Subject to this Act, the certificate has effect until the earlier of the following days-- (a) the expiry day; (b) the day the carer is-- (i) issued with a foster carer certificate or kinship carer certificate for the child; or (ii) given written notice that the carer's application for a foster carer certificate or kinship carer certificate for the child has been refused. 137 Amendment of authority on application of holder (1) The holder of an authority may apply to the chief executive for an amendment of the authority. (2) A certificate of approval as an approved kinship carer or a provisionally approved carer may not be amended to change the child for whom the carer is approved. (3) The chief executive must consider the application and decide whether to grant or refuse it within 28 days after receiving it. (4) If the chief executive is satisfied the amendment is necessary or desirable, the chief executive must grant the application. (5) If the amendment is about changing the nominee for a licence, in deciding whether the amendment is necessary or desirable, the chief executive must consider whether the proposed nominee is a suitable person and has a current positive prescribed notice or a current application for a prescribed notice. (6) If the chief executive is not satisfied the amendment is necessary or desirable, the chief executive must-- (a) refuse the application; and (b) give written notice to the applicant of the decision. (7) The notice must-- (a) be given within 10 days after the chief executive decides to refuse the application; and (b) state the reasons for the decision; and (c) state that the applicant may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; and (d) state how to apply to have the decision reviewed. (8) Subsection (7)(c) and (d) do not apply to a provisional certificate. 138 Amendment of authority by the chief executive (1) The chief executive may amend an authority at any time if-- (a) the holder agrees to the amendment; or (b) the chief executive considers it is necessary or desirable because-- (i) the holder is not meeting the standards required under the authority or a condition of the authority; or (ii) the holder has contravened a provision of this Act; or (iii) the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or (iv) of another circumstance prescribed under a regulation. (2) If the chief executive considers it necessary or desirable to amend an authority under subsection (1)(b), the chief executive must give the holder a written notice under this section. (3) The notice must state the following-- (a) the proposed amendment and the grounds for the amendment; (b) the facts and circumstances forming the basis for the grounds; (c) that the holder may make written representations to the chief executive to show why the authority should not be amended; (d) the term, at least 28 days after the notice is given to the holder, within which the representations may be made. (4) After the end of the term stated in the notice, the chief executive must consider the representations properly made by the holder. (5) If the chief executive is satisfied the amendment is necessary or desirable, the chief executive must give written notice to the holder of the decision. (6) The notice must-- (a) be given within 10 days after the decision is made; and (b) state the reasons for the decision; and (c) state that the holder may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; and (d) state how to apply to have the decision reviewed. (7) If the chief executive is not satisfied the amendment is necessary or desirable, the chief executive must, as soon as practicable, give written notice to the holder of the decision. (8) The chief executive may not act under this section-- (a) to amend a certificate of approval to extend the period for which the certificate has effect; or (b) to amend a provisional certificate. 138A Amendment of kinship carer certificate to extend its expiry day (1) This section applies to a certificate of approval as an approved kinship carer. (2) The chief executive may amend the certificate to extend its expiry day if-- (a) the certificate is still in force; and (b) the chief executive is satisfied the amendment is appropriate and desirable to meet the needs of the child for whom the holder is approved; and (c) the holder agrees to the amendment. (3) The expiry day may only be extended to a day that is-- (a) for an initial certificate--not more than 1 year after the day it is issued; or (b) for a renewed certificate--not more than 2 years after the day it is issued. (4) In this section-- expiry day means the day on which the certificate is due to expire. 138B Amendment of provisional certificate to extend its expiry day (1) This section applies to a certificate of approval as a provisionally approved carer. (2) The chief executive may amend the certificate to extend its expiry day if-- (a) the certificate is still in force; and (b) the chief executive is satisfied the amendment is appropriate and desirable to meet the needs of the child for whom the holder is approved; and (c) the holder agrees to the amendment. (3) Despite section 136D(5), the expiry day may be extended to a day that is more than 60 days after the day the certificate was issued. (4) The expiry day may not be extended by more than 30 days. (5) The expiry day may only be extended once. (6) In this section-- expiry day means the day on which the certificate is due to expire. 138C Other amendment of provisional certificate by the chief executive (1) This section applies to a certificate of approval as a provisionally approved carer. (2) The chief executive may amend the certificate at any time if-- (a) the holder agrees to the amendment; or (b) the chief executive considers it is necessary or desirable because-- (i) the holder is not meeting the standards required under the certificate or a condition of the certificate; or (ii) the holder has contravened a provision of this Act; or (iii) the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or (iv) the chief executive has obtained further information relating to the holder's application for a certificate of approval as an approved foster carer or approved kinship carer; or (v) of another circumstance prescribed under a regulation. (3) If the chief executive decides to amend the certificate under subsection (2)(b), the chief executive must give the holder a written notice stating-- (a) the amendment; and (b) the reasons for the decision to make the amendment. (4) This section does not apply to an amendment of the certificate to extend its expiry day. 139 Authority may be suspended or cancelled (1) The chief executive may suspend or cancel an authority on the following grounds-- (a) if the authority is a licence--a relevant person, for the licence, is not a suitable person; (b) if the authority is a certificate of approval as an approved foster carer-- (i) the holder of the certificate is not a suitable person to be an approved foster carer; or (ii) a member of the holder's household is not a suitable person to associate on a daily basis with children; (c) if the authority is a certificate of approval as an approved kinship carer-- (i) the holder of the certificate is not a suitable person to be an approved kinship carer for the child to whom the approval relates; or (ii) a member of the holder's household is not a suitable person to associate on a daily basis with the child to whom the approval relates; (d) if the authority is a certificate of approval as a provisionally approved carer-- (i) the holder is not a suitable person to be a provisionally approved carer for the child to whom the approval relates; or (ii) a member of the holder's household is not a suitable person to associate on a daily basis with the child to whom the approval relates; or (iii) the chief executive has decided to refuse the holder's application for a certificate of approval as an approved foster carer or approved kinship carer; (e) the holder is not meeting the standards required under the authority or another condition of the authority; (f) the holder has contravened a provision of this Act; (g) the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); (h) it is inappropriate for the holder to continue to hold the authority because of-- (i) information given to the chief executive under division 6 or the Commissioner's Act, other than information in relation to which the chief executive must suspend or cancel the authority under subdivision 3; or (ii) a circumstance prescribed under a regulation. (2) The chief executive may cancel a certificate of approval if the holder lives with the holder's spouse but does not hold the certificate jointly with the spouse. (3) The chief executive may cancel a certificate of approval held jointly by 2 persons if-- (a) when the certificate was issued to them, they were spouses living together; and (b) they have stopped being spouses or stopped living together; and (c) the chief executive considers it inappropriate in all the circumstances for them to continue to jointly hold the certificate. (4) However, if the holder of a certificate of approval mentioned in subsection (2) or (3) (the current certificate) applies for another certificate of approval, the chief executive must not cancel the current certificate under subsection (2) or (3) until the application is decided. (5) Also, the chief executive may suspend or cancel an authority if any of the following persons does not have a current positive prescribed notice-- (a) if the authority is a licence--a relevant person for the licence; (b) if the authority is a certificate of approval--the holder of the certificate or an adult member of the holder's household. (6) Subsection (5) does not apply to an authority that may be suspended or cancelled under subdivision (3). (7) In this section-- relevant person, for a licence, means-- (a) a director of the licensee; or (b) the nominee for the licence; or (c) a person responsible for directly managing the care service the subject of the licence; or (d) a person who is engaged in relation to the provision of care services by the service. 140 Procedure for suspension or cancellation (1) If the chief executive considers a ground exists to suspend or cancel an authority under section 139 (the proposed action), the chief executive must give the holder written notice that states the following-- (a) the proposed action; (b) the grounds for the proposed action; (c) the facts and circumstances forming the basis for the grounds; (d) if the proposed action is suspension of the authority, the proposed suspension period; (e) that the holder may make, within a stated time of at least 28 days, written representations to show why the proposed action should not be taken. (2) If, after considering all written representations made within the stated time, the chief executive still considers a ground to take the proposed action exists, the chief executive may-- (a) if the proposed action was to suspend the authority for a stated period--suspend the authority for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the authority--either cancel the authority or suspend it for a period. (3) The chief executive must inform the holder of the decision by written notice. (4) The notice must be given within 10 days after the chief executive makes the decision. (5) If the chief executive decides to suspend or cancel the authority, the notice must state-- (a) the reasons for the decision; and (b) that the holder may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; and (c) how to apply to have the decision reviewed. (6) The chief executive must record particulars of the suspension or cancellation on the authority. (7) This section does not apply to a provisional certificate. 140AA Procedure for suspension or cancellation of provisional certificate (1) This section applies if the chief executive decides to suspend or cancel a certificate of approval as a provisionally approved carer. (2) The chief executive must inform the holder of the decision by written notice, stating the reasons for the decision. (3) The chief executive must record particulars of the suspension or cancellation on the authority. (4) To remove any doubt, it is declared that the suspension or cancellation does not, of itself, affect the holder's application for a certificate of approval as an approved foster carer or approved kinship carer. 140AB Definitions for sdiv 3 In this subdivision-- apply for a review, of a decision under the Commissioner's Act to issue or give a negative prescribed notice, means apply to the tribunal under section 121 or 121E of that Act for review of the decision. approved carer does not include a provisionally approved carer. disqualifying event, for a person, means-- (a) the person is issued with or given a negative prescribed notice other than-- (i) under a prescribed provision; or (ii) on cancellation of a positive prescribed notice that is suspended; or (b) the person's positive prescribed notice is suspended; or (c) an application for a prescribed notice about the person is withdrawn. prescribed provision means the Commissioner's Act, section 102(6)(a) or 119A. relevant person-- (a) for an approved carer's certificate of approval--means a person who is a member of the carer's household; or (b) for a licence--means the nominee for the licence or a director of the licensee. 140AC Immediate suspension (1) Subsection (2) applies if a disqualifying event happens to-- (a) an approved carer, or a member of an approved carer's household; or (b) the nominee for a licence, or a director of a licensee. (2) The chief executive must suspend the approved carer's certificate of approval or the licence as soon as practicable after becoming aware of the disqualifying event. (3) Subsection (4) applies if a relevant person for an authority is issued with or given a negative prescribed notice under a prescribed provision. (4) The chief executive must suspend the authority as soon as practicable after the day the negative prescribed notice is issued or given, unless the chief executive decides to cancel the authority under section 140AG(3) or 140AH(1). (5) However, the chief executive must not suspend an authority because a disqualifying event happens to a relevant person for the authority, or the relevant person is issued with or given a negative prescribed notice under a prescribed provision, if the chief executive is satisfied the person is no longer a relevant person. 140AD Notice of suspension (1) If a person's authority is suspended under this subdivision, the chief executive must immediately give written notice of the suspension to the person. (2) The notice must state-- (a) that the authority is suspended under section 140AC; and (b) the reason for the suspension. (3) The suspension of the person's authority takes effect on the day the notice is given to the person. 140AE Period of suspension The suspension of an authority remains in force until the earliest of the following to happen-- (a) the day on which the authority is due to expire under this Act; (b) the suspension ends under section 140AF; (c) the authority is cancelled under section 140AG or 140AH. 140AF End of suspension (1) The suspension of a person's authority ends if the person or relevant person is issued with or given a positive prescribed notice or a further positive prescribed notice. (2) If an authority is suspended because a disqualifying event happens to a relevant person for the authority, or the relevant person is issued with or given a negative prescribed notice under a prescribed provision, the chief executive must end the suspension if satisfied the person is no longer a relevant person. (3) If the chief executive ends the suspension of a person's authority under subsection (2)-- (a) the chief executive must give the person written notice that the suspension is ended; and (b) the suspension ends on the day the notice is given to the person. 140AG Cancellation of certificate of approval (1) If an approved carer is issued with or given a negative prescribed notice under a prescribed provision, the chief executive must cancel the carer's certificate of approval as soon as practicable after the day the notice is issued or given. (2) If an approved carer's certificate of approval is suspended under this subdivision and the carer is issued with or given a negative prescribed notice, other than under a prescribed provision, the chief executive must cancel the certificate of approval as soon as practicable after-- (a) if the carer does not apply for a review of the decision to issue or give the notice--the end of the period in which the carer may apply for the review; or (b) if the carer applies for a review and the decision to issue or give the notice is upheld on the review--the day the decision is upheld. (3) If a relevant person for an approved carer's certificate of approval is issued with or given a negative prescribed notice under a prescribed provision, the chief executive may cancel the certificate of approval after the day the notice is issued or given, whether or not the certificate has been suspended under this subdivision. (4) If an approved carer's certificate of approval is suspended under this subdivision and a relevant person for the carer's certificate of approval is issued with or given a negative prescribed notice, other than under a prescribed provision, the chief executive may cancel the certificate of approval after-- (a) if the relevant person does not apply for a review of the decision to issue or give the notice--the end of the period in which the person may apply for the review; or (b) if the relevant person applies for a review and the decision to issue or give the notice is upheld on the review--the day the decision is upheld. (5) The chief executive must not cancel a certificate of approval under subsection (3) or (4) if satisfied the relevant person is no longer a member of the approved carer's household. 140AH Cancellation of licence (1) If a relevant person for a licence is issued with or given a negative prescribed notice under a prescribed provision, the chief executive may cancel the licence after the day the notice is issued or given, whether or not the licence has been suspended under this subdivision. (2) If a licence is suspended under this subdivision and a relevant person for the licence is issued with or given a negative prescribed notice, other than under a prescribed provision, the chief executive may cancel the licence after- - (a) if the relevant person does not apply for a review of the decision to issue or give the notice--the end of the period in which the person may apply for the review; or (b) if the relevant person applies for a review and the decision to issue or give the notice is upheld on the review--the day the decision is upheld. (3) The chief executive must not cancel a licence under this section if satisfied the relevant person is no longer the nominee for the licence or a director of the licensee. 140AI Notice of cancellation (1) If the chief executive cancels a person's authority under this subdivision, the chief executive must immediately give written notice of the cancellation to the person. (2) The notice must state each of the following-- (a) that the authority is cancelled under section 140AG or 140AH; (b) the reason for the cancellation; (c) if the chief executive decides to cancel the authority under section 140AG(3) or (4) or 140AH-- (i) that the person may, within 28 days after receiving the notice, apply to the tribunal to have the decision reviewed; and (ii) how to have the decision reviewed. (3) The cancellation of the person's authority takes effect on the day the notice is given to the person. 140A Chief executive may notify children's commissioner about particular information (1) This section applies if the chief executive amends, suspends or cancels a certificate of approval under this division (a disciplinary action). (2) If the chief executive reasonably believes the disciplinary action may be relevant to the functions or powers of the children's commissioner under the commissioner's Act, the chief executive may give written notice about the disciplinary action to the children's commissioner. (3) A notice under subsection (2) must state the following-- (a) the person's name and address and date of birth; (b) the form of disciplinary action and the reasons for it; (c) when the conduct happened that was a ground for the disciplinary action; (d) the nature of the conduct. (4) However, the notice must not contain information that identifies, or is likely to identify, a particular child. 141 Amendment, suspension and cancellation of authorities (1) This section applies if the chief executive-- (a) grants an application to amend an authority or decides to amend an authority; or (b) decides to suspend or cancel an authority. (2) The holder of the authority must, on receipt of written notice by the chief executive, give the authority to the chief executive within the period stated in the notice. (3) The stated period must be-- (a) if the authority is a provisional certificate--not less than 2 days after the notice is given; or (b) otherwise--not less than 7 days after the notice is given. (4) If a suspended authority is returned to the chief executive, the chief executive must return it to the holder at the end of the suspension. (5) A suspension or cancellation, other than under subdivision 3, takes effect on the later of-- (a) the day on which the notice is given; or (b) if a later day is stated in the notice--the later day. (6) If an authority is returned to the chief executive for amendment, the chief executive must-- (a) cancel the existing authority; and (b) issue and give to the holder a new authority containing the amendment; and (c) give the holder written notice stating-- (i) the old authority has been cancelled; and (ii) the way in which the new authority is different from the old authority. (7) The new authority-- (a) takes effect on the later of-- (i) the day on which the notice is given to the holder; or (ii) if a later day is stated in the notice--the later day; and (b) has effect for the remainder of the term of the old authority. (8) Subsection (7)(b) does not apply to an amendment of a certificate of approval to extend its expiry day under section 138A or 138B. (9) In this section-- holder, of an authority, includes a former holder of an authority. 141A Surrender of authorities (1) The holder of an authority may surrender the authority by written notice given to the chief executive. (2) The surrender takes effect-- (a) for a licence or certificate of approval as an approved foster carer-- (i) on the day that is 21 days after the notice is given to the chief executive; or (ii) if a later day of effect is stated in the notice--on the later day; or (b) for a certificate of approval as an approved kinship carer or provisionally approved carer-- (i) on the day the notice is given to the chief executive; or (ii) if a later day of effect is stated in the notice--on the later day. (3) The holder must return the authority to the chief executive within 7 days after the day the surrender takes effect. 141B Personal history (1) A person's personal history is-- (a) for the nominee for a licence or a person to whom section 141D applies--the person's domestic violence history and traffic history; or (b) for an approved foster carer or kinship carer, or a member of the carer's household who has a current positive prescribed notice--the person's domestic violence history and traffic history; or (c) for a member of an approved foster carer's or kinship carer's household who does not have a current positive prescribed notice--the person's criminal history, domestic violence history and traffic history; or (d) for a provisionally approved carer or a member of the carer's household--the person's criminal history, domestic violence history and traffic history. (2) A reference in this division to a change in a person's personal history includes, for a person who does not have a personal history, the acquisition of a personal history. 141C Personal history change--nominee If there is a change in the personal history of the nominee for a licence, the nominee must immediately notify the chief executive, in the approved form, that the change has happened. Maximum penalty--100 penalty units. 141D Personal history change--other persons associated with a licence (1) This section applies to each of the following persons in relation to a licensed care service-- (a) a person responsible for directly managing the service; (b) a director of the licensee; (c) a person engaged in relation to the provision of care services by the service. (2) If there is a change in the person's personal history, the person must immediately disclose to the nominee for the licence that there has been a change in the person's personal history. Maximum penalty--100 penalty units. (3) On receiving the disclosure, the nominee must immediately notify the chief executive, in the approved form, that there has been a change in the person's personal history. Maximum penalty--100 penalty units. (4) Subsection (2) does not apply if, immediately after the change, the person stops being a person mentioned in subsection (1). (5) To remove any doubt, it is declared that it is not a requirement of subsection (2) that the person give the nominee any information about the change other than that a change has happened. 141E Personal history change--approved carer If there is a change in an approved carer's personal history, the approved carer must immediately notify the chief executive, in the approved form, that the change has happened. Maximum penalty--100 penalty units. 141F Personal history change--other household members (1) This section applies if an approved carer becomes aware of, or reasonably suspects there has been, a change in the personal history of a member of the carer's household. (2) The approved carer must immediately notify the chief executive, in the approved form, that the change has happened or is suspected to have happened. Maximum penalty--100 penalty units. 141G Approved carer must notify other changes (1) This section applies to an approved carer if-- (a) a person becomes a member of the approved carer's household; or (b) a person stops being a member of the approved carer's household; or (c) a person becomes the approved carer's spouse; or (d) a person stops being the approved carer's spouse. (2) The approved carer must immediately give the chief executive notice of the matter in the approved form. Maximum penalty--100 penalty units. (3) The approved form must include provision for it to be signed by a person mentioned in subsection (1)(a) if the person is an adult. (4) If an adult becomes a member of the approved carer's household, the approved carer does not commit an offence against subsection (2) only by giving a notice under subsection (2) that is not signed by the adult. 141H Nominee for licence (1) This section applies to the nominee for a licence if any of the following events happen-- (a) the nominee applies for a prescribed notice and the application is withdrawn; (b) the nominee is charged with a disqualifying offence or convicted of a serious offence; (c) the nominee must, under the Commissioner's Act, section 113 or 114, notify the children's commissioner of a change in police information within the meaning of that Act; (d) the nominee becomes aware that an application for a prescribed notice about a relevant person for the licence-- (i) is withdrawn; or (ii) is made because of a change in the person's criminal history; (e) the nominee becomes aware that a relevant person for the licence- - (i) is charged with a disqualifying offence or convicted of a serious offence; or (ii) is issued with or given a negative prescribed notice. (2) The nominee must, immediately after the event happens, give the chief executive written notice of the event. Maximum penalty--100 penalty units. (3) For an event mentioned in subsection (1)(d) or (e), the notice must state-- (a) the relevant person's name and date of birth; and (b) if the person has a current positive prescribed notice--the notice's registration number under the Commissioner's Act. (4) In this section-- relevant person, for a licence, means-- (a) a person responsible for directly managing the licensed care service under the licence; or (b) a person engaged in relation to the provision of care services by the service. 141I Director of licensee (1) This section applies if any of the following events happen in relation to a director of a licensee-- (a) the director applies for a prescribed notice and the application is withdrawn; (b) the director is charged with a disqualifying offence or convicted of a serious offence; (c) the director must, under the Commissioner's Act, section 113 or 114, notify the children's commissioner of a change in police information within the meaning of that Act. (2) The director must immediately disclose to the nominee for the licence the fact that the event has happened. Maximum penalty--100 penalty units. (3) On receiving the disclosure, the nominee must immediately give the chief executive written notice of the event. Maximum penalty--100 penalty units. 142 Meaning of police information In this division-- police information, about a person, means the following-- (a) for an applicant for a certificate of approval who has, or to whom the chief executive proposes to issue, a provisional certificate--the person's criminal history and domestic violence history; (b) for another applicant for a certificate of approval--the person's domestic violence history; (c) for a holder of a foster carer or kinship carer certificate--the person's domestic violence history; (d) for an adult member of the household of a person mentioned in paragraph (a)--the person's criminal history and domestic violence history; (e) for an adult member of the household of a person mentioned in paragraph (b) or (c), other than an adult member to whom paragraph (f) or (g) applies--the person's domestic violence history; (f) for a person who does not have a current positive prescribed notice and becomes an adult member of the household of an applicant mentioned in paragraph (b) after the application is made--the person's criminal history and domestic violence history; (g) for a person who does not have a current positive prescribed notice and becomes an adult member of an approved foster carer's or kinship carer's household after the carer is issued with a certificate of approval--the person's criminal history and domestic violence history; (h) for a person mentioned in section 142A(a)--the person's domestic violence history. 142A Persons whose suitability may be investigated This division provides for the chief executive to obtain particular information to help in deciding, and monitoring, the suitability of-- (a) for a licence-- (i) the person who will be or is responsible for directly managing the service under the licence; and (ii) the directors of an applicant for the licence or the licensee; and (iii) the nominee for the licence; and (iv) the persons who will be, or are, engaged in relation to the provision of care services by the service; or (b) for a certificate of approval-- (i) an applicant for, or holder of, the certificate; and (ii) another adult member of the household of an applicant for, or holder of, the certificate. 142B Obtaining traffic information (1) The chief executive may ask the chief executive for transport for a written report about the traffic history of a person mentioned in section 142A. (2) The chief executive for transport must comply with the request despite the Transport Operations (Road Use Management) Act 1995, section 77. 142C Obtaining police information (1) The chief executive may ask the police commissioner for information, or for access to the police commissioner's records, to enable the chief executive to learn what police information exists, if any, in relation to a person mentioned in section 142A. (2) If there is police information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a conviction or charge mentioned in the police information. (3) The police commissioner must comply with a request under subsection (1) or (2). (4) However, the duty imposed on the police commissioner to comply with a request for information applies only to information in the police commissioner's possession or to which the police commissioner has access. 142D Chief executive may enter into arrangement with police commissioner about giving and receiving information (1) This section applies only to the extent that another provision under this Act allows the chief executive to give information to the police commissioner or the police commissioner to give information to the chief executive. (2) The chief executive and the police commissioner may enter into a written arrangement by which the information is given or received. (3) Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis. (4) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation. 143 Effect of failure to decide application for, or for renewal of, authority (1) If the chief executive fails to decide an application for an authority within 90 days after it is properly made-- (a) the chief executive is taken to have decided to refuse the application; and (b) the applicant is taken to have received notice of the decision at the end of the time. (2) If an application is properly made for renewal of an authority, the authority is taken to continue to have effect from the day that it would, apart from this subsection, have ended until the application is decided. (3) However, if the application is refused, the authority continues to have effect until notice of the decision is given to the applicant. (4) Subsection (1) is subject to section 143A. (5) Subsection (2) does not apply if the authority is earlier suspended or cancelled. 143A Further consideration of application for authority (1) This section applies if the chief executive considers more time is needed to decide an application for an authority because of the nature of the matters that need to be considered in deciding it. (2) The chief executive and the applicant may at any time before the end of 90 days after the application is properly made agree in writing to extend the period within which the application must be decided. (3) The agreement must state the period of the extension. (4) If the chief executive does not decide the application within the period as extended under subsection (2)-- (a) the chief executive is taken to have decided to refuse the application; and (b) the applicant is taken to have received notice of the decision at the end of the period. 144 Offence to contravene condition of licence A licensee must not contravene a condition of the licence. Maximum penalty--50 penalty units. 145 Authorised officer may require production of licence, approval etc. (1) An authorised officer may-- (a) require a licensee or holder of a certificate of approval to produce to the officer-- (i) the person's licence or certificate of approval; or (ii) a document required to be kept by the person under this Act; and (b) inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (a). (2) An authorised officer-- (a) may keep a document under subsection (1)(b) only to take copies of it; and (b) must, as soon as practicable after taking the copies, return it to the person who produced it. 146 Authorised officer may enter and inspect licensed premises (1) An authorised officer may, at any reasonable time, enter and inspect licensed premises to ensure this Act is being complied with. (2) The officer may be accompanied by a police officer and may talk to anyone involved in providing the care service. 147 Regular inspections of licensed residential facilities The chief executive must regularly inspect each licensed residential facility to assess whether the care provided to children in the facility meets the standards of care in the statement of standards. 148 Obligation to report harm to children in departmental and licensed care services (1) If a responsible person becomes aware, or reasonably suspects, that harm has been caused to a child placed in the care of an entity conducting a departmental care service or a licensee, the person must, unless the person has a reasonable excuse, report the harm, or suspected harm, to the chief executive-- (a) immediately; and (b) if a regulation is in force under subsection (2), in accordance with the regulation. Maximum penalty--20 penalty units. (2) A regulation may prescribe the way the report must be given or the particulars that the report must include. (3) It is a reasonable excuse for the person not to report a matter that reporting the matter might tend to incriminate the person. (4) Subsection (1) does not apply if the person knows, or reasonably supposes, that the chief executive is aware of the harm or suspected harm. (5) As soon as practicable after receiving a report under this section, the chief executive must give a copy to the children's commissioner to help the commissioner perform the commissioner's monitoring functions under the Commissioner's Act. (6) In this section-- responsible person means-- (a) an authorised officer; or (b) an officer or employee of the department involved in administering this Act; or (c) a person employed in a departmental care service or licensed care service. 148A Chief executive to notify children's commissioner about particular persons (1) This section applies if-- (a) the chief executive applies for a prescribed notice about a person and, before the application is decided, the chief executive-- (i) becomes aware that the person no longer proposes to be engaged in regulated employment mentioned in the Commissioner's Act, schedule 1, section 6G(1) or (2); or (ii) if the person has applied for a certificate of approval--refuses the person's application for the certificate; or (b) the chief executive becomes aware that a person engaged in regulated employment mentioned in paragraph (a)(i) stops being engaged in the employment. (2) The chief executive must as soon as practicable give the children's commissioner written notice of the fact. (3) The notice must include-- (a) the person's name, address and date of birth; and (b) if the person has a current positive prescribed notice--the notice's registration number under the Commissioner's Act. 148B Obtaining particular information from children's commissioner (1) The chief executive may ask the children's commissioner for the following information-- (a) information about whether a relevant person-- (i) has a current positive prescribed notice or a current negative prescribed notice; or (ii) has a positive prescribed notice that is suspended under the Commissioner's Act; or (iii) has a current application for a prescribed notice; (b) if the relevant person has a positive notice--the expiry date for the notice; (c) if the relevant person has a negative notice--the date of issue of the notice. (2) The children's commissioner must comply with a request under subsection (1). (3) In this section-- relevant person means-- (a) an applicant for a certificate of approval or an adult member of the applicant's household; or (b) the nominee for, or a director of an applicant for or holder of, a licence. 148C Application to licensed care service (1) This section applies for the application of the Commissioner's Act. (2) If a corporation carries on the business of a licensed care service, each of the following persons is taken to be also carrying on the business-- (a) the nominee for the licence; (b) the directors of the licensee. 148D Pending application for prescribed notice (1) Subsection (2) applies if-- (a) a person who does not have a current positive prescribed notice is taken to be a volunteer engaged in regulated employment under the Commissioner's Act because the person becomes an adult member of-- (i) the household of an applicant for a certificate of approval; or (ii) an approved carer's household; and (b) an application for a prescribed notice about the person is current. (2) The Commissioner's Act, section 104B, does not apply in relation to the person while the application is current. (3) Subsection (4) applies if-- (a) a corporation holds a licence; and (b) a person who does not have a current positive prescribed notice becomes the nominee for the licence or a director of the corporation; and (c) an application for a prescribed notice about the person is current. (4) The Commissioner's Act, section 109(1), does not apply to the person while the application is current. 149 Appointment (1) The chief executive may appoint any of the following persons to be an authorised officer-- (a) an officer or employee of the department; (b) a person included in a class of persons declared by regulation to be eligible for appointment as an authorised officer. (2) However, the chief executive may appoint a person to be an authorised officer only if-- (a) in the chief executive's opinion, the person has the necessary expertise or experience to be an authorised officer; or (b) the person has satisfactorily finished training approved by the chief executive. 150 Limitation of powers (1) The powers of an authorised officer may be limited-- (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice of the chief executive given to the officer. (2) Notice under subsection (1)(c) may be given orally, but must be confirmed in writing as soon as practicable after it is given. 151 Conditions of appointment (1) An authorised officer holds office on the conditions stated in the officer's instrument of appointment. (2) An authorised officer-- (a) if the appointment provides for a term of appointment--ceases holding office at the end of the term; and (b) may resign by signed notice of resignation given to the chief executive. 152 Identity card (1) The chief executive must give each authorised officer an identity card. (2) The identity card must-- (a) contain a recent photograph of the officer; and (b) be signed by the officer; and (c) identify the person as an authorised officer under this Act; and (d) include an expiry date. (3) A person who ceases to be an authorised officer must return his or her identity card to the chief executive within 21 days after the person ceases to be an authorised officer, unless the person has a reasonable excuse for not returning it. Maximum penalty--40 penalty units. (4) This section does not prevent the giving of a single identity card to a person for this Act and other Acts. 153 Production of identity card (1) An authorised officer may exercise a power under this Act in relation to someone else (the other person) only if the officer first produces his or her identity card for the other person's inspection. (2) If, for any reason, it is not practicable to comply with subsection (1), the officer must produce the identity card for the other person's inspection at the first reasonable opportunity. 154 Authorised officer to give notice of damage (1) This section applies if an authorised officer damages property in the exercise of a power under this Act. (2) The authorised officer must immediately give written notice of the particulars of the damage to the person who appears to the authorised officer to be the property's owner. (3) If the authorised officer believes the damage was caused by a latent defect in the property or other circumstances beyond the authorised officer's control, the authorised officer may state this in the notice. (4) If, for any reason, it is not practicable to comply with subsection (2), the authorised officer must-- (a) leave the notice at the place where the damage happened; and (b) ensure the notice is left in a reasonably secured way in a conspicuous position. (5) This section does not apply to damage the authorised officer believes, on reasonable grounds, is trivial. 155 Compensation (1) A person may claim from the State the cost of repairing or replacing property damaged in the exercise or purported exercise of a power under this Act. (2) The cost may be claimed and ordered to be paid in a proceeding-- (a) brought in a court of competent jurisdiction for the recovery of the amount claimed; or (b) for an offence against this Act brought against the person claiming the amount. (3) A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. 156 Delegation by chief executive The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified officer or employee of the department. 157 Approved forms The chief executive may approve forms for use under this Act. 159 Payments for care and maintenance (1) The chief executive may pay the allowance decided by the chief executive to a child's carer for the child's care and maintenance. (2) Also, the chief executive may pay the amount decided by the chief executive towards expenses incurred in the care and maintenance of a person who has been a child in the custody or under the guardianship of the chief executive to the person or the person's carer to help the person with the transition from being a child in care to independence. (3) Subsections (1) and (2) have effect subject to appropriation by Parliament of an amount for the purposes. (4) For subsection (1), the amount of the allowance must be worked out under a written policy of the department about the payment of allowances to carers for a child's care and maintenance. 159A Purpose The purpose of this chapter is to provide for service providers to appropriately and effectively meet the protection and care needs of children by-- (a) coordinating the delivery of services to children and families; and (b) exchanging relevant information, while protecting the confidentiality of the information. 159B Principles for coordinating service delivery and exchanging information The principles underlying this chapter are as follows-- (a) the State is responsible for ensuring that children in need of protection receive protection and care services that ensure their safety and promote their wellbeing; (b) the chief executive has the primary responsibility for investigating, assessing and responding to allegations of harm to children, including by making plans for their protection and care; (c) each service provider should contribute, within the provider's own sphere of responsibility, to assessing and meeting the protection and care needs of children and supporting their families; (d) children in need of protection and their families should receive coordinated services that meet their needs in a timely and effective way; (e) service providers should work collaboratively and in a way that respects the functions and expertise of other service providers; (f) because a child's welfare and best interests are paramount, their protection and care needs take precedence over the protection of an individual's privacy. Editor's note-- See section 5(1) (Principles for administration of Act). 159C What is relevant information (1) In this chapter-- relevant information means-- (a) in relation to giving information to the chief executive or an authorised officer--information that the holder of the information reasonably believes may-- (i) help an authorised officer to investigate an allegation of harm or risk of harm to a child or assess a child's need for protection; or (ii) help the chief executive to take action under section 14; or (iii) help an authorised officer to investigate or assess, before the birth of a child, the likelihood that the child will need protection after he or she is born; or (iv) help the chief executive in offering help and support to a pregnant woman under section 21A; or (v) help the chief executive to develop, or assess the effectiveness of, a child's case plan; or (vi) help the chief executive to assess or respond to the health, educational or care needs of a child in need of protection; or (vii) otherwise help the chief executive to make plans or decisions relating to, or provide services to, a child in need of protection or the child's family; or (b) in relation to giving information to another service provider-- information that the holder of the information reasonably believes may help the service provider to-- (i) decide whether information about suspected harm or risk of harm to a child should be given to the chief executive; or (ii) assess or respond to the health, educational or care needs of a child in need of protection; or (iii) otherwise make plans or decisions relating to, or provide services to, a child in need of protection or the child's family. (2) Relevant information may be information about a child in need of protection, the child's family or someone else. (3) Relevant information may be comprised of facts or opinion. (4) Relevant information does not include information about a person's criminal history to the extent it relates to a conviction-- (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. 159D Other definitions for ch 5A In this chapter-- prescribed entity means each of the following entities-- (a) the chief executive; (b) an authorised officer; (c) a licensee; (d) the chief executive of a department that is mainly responsible for any of the following matters-- (i) adult corrective services; (ii) community services; (iii) disability services; (iv) education; (v) housing services; (vi) public health; (da) the chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922); (e) the police commissioner; (f) the principal of a school that is accredited, or provisionally accredited, under the Education (Accreditation of Non-State Schools) Act 2001; (g) the person in charge of a student hostel; (h) the chief executive of another entity, that provides a service to children or families, prescribed under a regulation. service provider means-- (a) a prescribed entity; or (b) another person providing a service to children or families. student hostel means-- (a) a student hostel established under the Education (General Provisions) Act 2006, section 15(b); or (b) a student hostel operated with an allowance paid under the Education (General Provisions) Act 2006, section 368(1)(e). 159E Reference to family services A reference in this part to providing a service to families includes providing a service to pregnant women. 159F Service providers' responsibilities Service providers must take reasonable steps to coordinate decision-making and the delivery of services to children and families, in order to appropriately and effectively meet the protection and care needs of children. 159G Chief executive's responsibilities (1) The chief executive is responsible for-- (a) ensuring ways exist to coordinate the roles and responsibilities of service providers in promoting the protection of children and child protection services; and (b) establishing ways to coordinate the roles and responsibilities of service providers relating to-- (i) investigating and assessing particular cases of harm to children; and (ii) taking action to secure the protection of children and promote their welfare. (2) One of the ways in which the chief executive is to fulfil the responsibility under subsection (1)(b) is by establishing and participating in the SCAN system under part 3. 159H Chief executive may ask particular prescribed entities to provide a service (1) This section applies only to the following prescribed entities-- (a) a licensee; (b) the chief executive of a department that is mainly responsible for any of the following matters-- (i) adult corrective services; (ii) community services; (iii) disability services; (iv) education; (v) housing services; (vi) public health; (ba) the chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922); (c) the police commissioner. (2) The chief executive may ask a prescribed entity to provide a service-- (a) to a child in need of protection, or a member of the child's family, to help meet the child's protection and care needs and promote the child's wellbeing; or (b) to an individual, before the birth of a child, to help meet the child's protection and care needs and promote the child's wellbeing after the child is born. (3) The prescribed entity must take reasonable steps to comply with the request so far as the request-- (a) is consistent with the entity's functions; and (b) does not unreasonably affect the discharge of the entity's functions in relation to other persons or matters. (4) The chief executive must give the prescribed entity the information it needs to comply with the request. 159I Establishment of system The chief executive must establish a SCAN system under this part. Note-- SCAN stands for 'Suspected Child Abuse and Neglect'. 159J Purpose (1) The purpose of the SCAN system is to enable a coordinated response to the protection needs of children. (2) The purpose is to be achieved by facilitating-- (a) the sharing of relevant information between members of the system; and (b) the planning and coordinating of actions to assess and respond to children's protection needs; and (c) a holistic and culturally responsive assessment of children's protection needs. 159K Members The members of the SCAN system are-- (a) the following entities (the core members)-- (i) the chief executive; (ii) the chief executive of the department mainly responsible for public health; (iii) the chief executive of the department mainly responsible for education; (iv) the police commissioner; (v) in relation to the protection needs of an Aboriginal or Torres Strait Islander child--a recognised entity for the child; and (b) from time to time, other service providers contributing to the operation of the system by invitation of the core members. 159L Responsibilities of the core members The responsibilities of the core members are as follows-- (a) to contribute to the operation of the SCAN system through representatives who have appropriate knowledge and experience in child protection; (b) to use their best endeavours to agree on recommendations to give to the chief executive about assessing and responding to the protection needs of particular children and, for that purpose, to-- (i) share relevant information about the children, their families and other relevant persons; and (ii) identify relevant resources of members or other entities; (c) to take the action required under the recommendations; (d) to monitor the implementation of the recommendations and review their effectiveness; (e) to invite and facilitate contributions from other service providers with knowledge, experience or resources that would help achieve the purpose of the SCAN system. 159M Particular prescribed entities giving and receiving relevant information (1) This section applies to the following prescribed entities-- (a) the chief executive; (b) an authorised officer; (c) the chief executive of a department that is mainly responsible for any of the following matters-- (i) adult corrective services; (ii) community services; (iii) disability services; (iv) education; (v) housing services; (vi) public health; (ca) the chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922); (d) the police commissioner; (e) the principal of a school that is accredited, or provisionally accredited, under the Education (Accreditation of Non-State Schools) Act 2001. (2) A prescribed entity mentioned in subsection (1) may give relevant information to any other service provider. (3) A service provider may give relevant information to a prescribed entity mentioned in subsection (1). 159N Information requirement made by chief executive or authorised officer (1) If the chief executive or an authorised officer asks a prescribed entity for particular relevant information in the entity's possession or control, the entity must comply with the request. (2) For subsection (1), information is not taken to be in the prescribed entity's control merely because of an agreement between the prescribed entity and another entity under which the other entity must give the information to the prescribed entity. (3) Subsection (1) does not apply to relevant information if the prescribed entity reasonably considers that-- (a) giving the information could reasonably be expected to-- (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or (ii) prejudice an investigation under the Coroners Act 2003; or (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or (iv) endanger a person's life or physical safety; or (v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and (b) it would not be in the public interest to give the information. (4) A person does not commit an offence merely by failing to comply with subsection (1). 159O Release of information by a health services designated person (1) A health services designated person may, for this Act, give a relevant person or the Childrens Court confidential information if-- (a) for a relevant person or the Childrens Court--the information is relevant to the protection or welfare of a child; or (b) for a relevant person who is the chief executive and without limiting paragraph (a)--the information is relevant to the chief executive's review, or the preparation of a supplementary report, under chapter 7A. (2) Subsection (1)(a) includes the giving of information, before a child is born, that is relevant to the protection or welfare of the child after he or she is born. (3) This section does not limit a power or obligation under this chapter to give relevant information. (4) In this section-- confidential information has the meaning given by the Health Services Act 1991, section 60. health services designated person means a designated person under the Health Services Act 1991, section 60. relevant person means-- (a) the chief executive; or (b) an authorised officer; or (c) a police officer. 159P Release of information for reporting or investigating a death under the Coroners Act (1) If a child dies, the chief executive may give the information mentioned in subsection (2) to-- (a) a police officer investigating the death; or (b) a coroner investigating the death; or (c) a police officer helping a coroner investigating the death. (2) The information that may be given is information about any of the following matters-- (a) whether, before the death, the child or a sibling of the child was a child in care; (b) whether the chief executive became aware, before the death happened, of alleged harm or alleged risk of harm to the child or a sibling of the child and, if so-- (i) the identity of a notifier; and (ii) other information about how or when the chief executive became aware; (c) action taken by the chief executive, before the child's death, relating to the child or a sibling of the child. (3) The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection-- (a) must not use or disclose the information other than-- (i) for a purpose of the coroner's investigation; or Example-- The coroner orders a doctor to perform an autopsy as part of the coroner's investigation of the child's death and, for that purpose, gives the information to the doctor. The doctor may include the information in the doctor's autopsy report under the Coroners Act 2003, section 25. (ii) in the case of a police officer-- (A) assessing whether the death should be reported to a coroner; or (B) reporting the death to a coroner; or (C) giving the information to a coroner to whom the death is being, or has been, reported; or (iii) as otherwise required or permitted under this or another Act; and (b) if the information includes the identity of a notifier, must not disclose the identity to anyone unless-- (i) for a disclosure by the coroner--the coroner is satisfied that disclosure of the identity is of critical importance for the investigation; or (ii) for disclosure by anyone else--the disclosure is to a coroner or a coroner approves the disclosure on the basis mentioned in subparagraph (i). (4) In this section-- child in care means a child mentioned in the Coroners Act 2003, section 9(1) (d). notifier means a notifier under section 186 or the Public Health Act 2005, section 196. sibling includes a half-sibling and a stepsibling. 159Q Protection from liability for giving information (1) This section applies if a person, acting honestly, gives information in compliance with this chapter. (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) Also, merely because the person gives the information, the person can not be held to have-- (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. (4) Without limiting subsections (2) and (3)-- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person-- (i) does not contravene the Act, oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. 159R Interaction with other laws (1) This chapter does not limit a power or obligation under another Act or law to give relevant information. (2) This part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information. Examples of other laws-- Education (General Provisions) Act 2006, section 426 Health Services Act 1991, section 62A(1) Police Service Administration Act 1990, section 10.1 160 Obstruction of authorised officer etc. (1) A person must not obstruct an authorised officer or police officer in the exercise of a power under this Act, unless the person has a reasonable excuse. Maximum penalty--40 penalty units. (2) However, a child does not commit an offence against subsection (1) merely because the child resists being taken into custody under this Act for the child's protection or being moved to a safe place under section 21. 161 Impersonation of authorised officer A person must not pretend to be an authorised officer. Maximum penalty--40 penalty units. 162 Offence to remove child from carer (1) This section applies if a child is in the chief executive's custody or guardianship under an assessment order or child protection order or in the chief executive's custody under a care agreement. (2) A person must not-- (a) unlawfully remove the child from the care of the child's carer; or (b) if the child has been unlawfully removed from the care of the child's carer--keep the child; or (c) if the child has been lawfully removed from the care of the child's carer--keep the child beyond the period allowed for the removal. Maximum penalty--150 penalty units or 18 months imprisonment. (3) Subsection (2) applies whether the removal or keeping of the child is carried out within or outside Queensland. (4) If the child is in the chief executive's custody under a care agreement, subsection (2) does not apply to a party to the agreement. 163 Offence to remove child from carer--order made in another State (1) This section applies if an interstate officer for another State has responsibility for the custody or guardianship of a child, however that responsibility is described, under an order made under a child welfare law or interstate law of that State. (2) A person must not, in Queensland-- (a) unlawfully remove the child from the care of the child's carer; or (b) if the child has been unlawfully removed from the care of the child's carer--keep the child; or (c) if the child has been lawfully removed from the care of the child's carer--keep the child beyond the period allowed for the removal. Maximum penalty--150 penalty units or 18 months imprisonment. (3) In this section-- carer, of a child, means the entity in whose care the child has been placed under the law of the other State. 164 Offence to remove child from custody or guardianship (1) This section applies if a child is in the custody or guardianship of a person (the first person) under this Act. (2) A person must not-- (a) unlawfully remove the child from the first person's custody or guardianship; or (b) if the child has been unlawfully removed from the first person's custody or guardianship--keep the child; or (c) if the child has been lawfully removed from the first person's custody or guardianship--keep the child beyond the period allowed for the removal. Maximum penalty--150 penalty units or 18 months imprisonment. (3) Subsection (2) applies whether the removal or keeping of the child is carried out within or outside Queensland. 165 Offence to remove child from custody or guardianship--order made in another State (1) This section applies if a person (the first person) has responsibility for the custody or guardianship of a child, however that responsibility is described, under an order made under a child welfare law or interstate law of another State. (2) A person must not, in Queensland-- (a) unlawfully remove the child from the first person's custody or guardianship; or (b) if the child has been unlawfully removed from the first person's custody or guardianship--keep the child; or (c) if the child has been lawfully removed from the first person's custody or guardianship--keep the child beyond the period allowed for the removal. Maximum penalty--150 penalty units or 18 months imprisonment. 166 Offence to refuse contact with child in custody or guardianship (1) In this section-- child means a child in the chief executive's custody or guardianship under an assessment order or child protection order. (2) This section applies if an authorised officer reasonably asks a person for permission to enter premises for the purpose of having contact with a child in the premises to ensure the child's protection. (3) The person must not refuse the officer's request unless the person has a reasonable excuse. Maximum penalty for subsection (3)--50 penalty units. 167 Offence for person to take child out of State A person who has the care of a child in the chief executive's custody or guardianship must not take or keep the child out of the State with the intention of obstructing, preventing or defeating the administration or enforcement of this Act. Maximum penalty--150 penalty units or 18 months imprisonment. 168 Offence not to comply with certain orders (1) A child's parent must not knowingly contravene a provision of an order directing the parent not to have contact (direct or indirect)-- (a) with the child; or (b) with the child other than when a stated person or a person of a stated category is present. Maximum penalty--100 penalty units or 1 year's imprisonment. (2) For subsection (1), a person who is in the Childrens Court when the order is made or is given notice of the order is taken to know the contents of the order. 169 Consultation with chief executive before prosecution (1) This section applies to-- (a) an offence against section 162 or 164 relating to the unlawful removal or keeping of a child in another State; or (b) an offence against section 163 or 165. (2) A person must consult with the chief executive before starting proceedings against a person for the offence. (3) However, subsection (2) does not apply to a police officer starting proceedings against a person for the offence by arresting the person if the police officer believes, in the circumstances, it is reasonably necessary to arrest the person without first consulting with the chief executive. (4) If a police officer starts proceedings under subsection (3) by arresting a person without first consulting with the chief executive, the officer must notify the chief executive as soon as practicable after the arrest. (5) Failure to comply with subsection (2) or (4) in relation to proceedings does not affect the validity of the proceedings. 170 Person not to be prosecuted twice If a person has been convicted, found guilty or acquitted of an offence against a child welfare law or interstate law of another State for an act or omission of the person, the person may not be prosecuted for an offence against this Act for the same act or omission. 171 Application for warrant for apprehension of child (1) An authorised officer or police officer may apply to a magistrate for a warrant for apprehension of a child if-- (a) under an order, the chief executive has been granted custody or guardianship of the child but has not been able to take the child into custody; or (b) the child has been unlawfully removed from a person's custody or guardianship under this Act. (2) The application must be sworn and state the grounds on which it is made. (3) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example-- The magistrate may require additional information supporting the application be given by statutory declaration. 172 Issue of warrant (1) A magistrate may issue a warrant for apprehension of the child if the magistrate is satisfied-- (a) the warrant is necessary to enable an authorised officer or police officer to take the child into the chief executive's custody; or (b) the child has been unlawfully removed from a person's custody or guardianship under this Act; or (c) the child has been lawfully removed from a person's custody or guardianship under this Act but kept beyond the period allowed for the removal. (2) The warrant authorises an authorised officer or police officer-- (a) to enter any 1 or more places the officer reasonably believes the child is; and (b) to search the places to find the child; and (c) to remain in the places for as long as the officer considers is reasonably necessary to find the child; and (d) to take the child to a safe place. (3) The warrant must state the day, within 14 days after the warrant's issue, when it ends. (4) An authorised officer or police officer may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances. 173 Special warrants (1) An authorised officer or police officer may apply for a warrant for apprehension of a child (a special warrant) by phone, fax, radio or another form of communication because of-- (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer's remote location. (2) Before applying for the warrant, the officer must prepare an application stating the grounds on which the warrant is sought. (3) The officer may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy of it to the officer if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy of the warrant to the officer-- (a) the magistrate must tell the officer-- (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and (b) the officer must complete a form of warrant (warrant form) and write on it-- (i) the magistrate's name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant's terms. (6) The facsimile warrant, or the warrant form properly completed by the officer, authorises the exercise of powers under the warrant made by the magistrate. (7) The officer must, at the first reasonable opportunity, send to the magistrate-- (a) the sworn application; and (b) if the officer completed a warrant form--the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find the exercise of the power by an authorised officer or police officer was not authorised by a special warrant if-- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the officer obtained the warrant. 174 Warrants--procedure before entry (1) This section applies if an authorised officer or police officer is intending to enter a place under a warrant for apprehension of a child. (2) Before entering the place, the officer must do or make a reasonable attempt to do the following things-- (a) identify himself or herself to a person present at the place who is an occupier of the place; (b) give the person a copy of the warrant, or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 173(6), a copy of the facsimile warrant or warrant form; (c) tell the person the officer is permitted by the warrant to enter and search the place to find the child; (d) give the person an opportunity to allow the officer immediate entry to the place without using force. (3) For subsection (2)(a), an authorised officer must produce the officer's identity card to the person for inspection. Editor's note-- For a police officer, see the Police Powers and Responsibilities Act 2000, section 637 (Supplying police officer's details). (4) However, the officer need not comply with subsection (2) if the officer reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. 175 Interstate warrants--arrangements for apprehended child until magistrate is available (1) This section applies if a police officer apprehends a child under a warrant issued in another State under a child welfare law of that State. (2) The officer may arrange for the child's safe care until it is practicable to take the child before a magistrate and, in making the arrangements, may use any help provided by the chief executive. Example-- With the chief executive's help, the officer may arrange for the child to be cared for by an approved carer until it is practicable to take the child before a magistrate. 176 Application of pt 4 This part applies if an authorised officer or police officer-- (a) lawfully enters a place in the course of performing a function or exercising a power under chapter 2, including, for example-- (i) under section 16 or 18 in investigating an allegation of harm, or risk of harm, to a child; or (ii) under an assessment order in investigating whether a child is a child in need of protection; or (b) enters a place under a warrant for apprehension of a child who, under section 164, has been unlawfully removed from a person's custody or guardianship. Editor's note-- A warrant for apprehension of a child may be issued under part 3. 177 Power of seizure The officer may seize a thing at the place if the officer reasonably believes-- (a) the thing-- (i) may be received in evidence in a proceeding on an application for an order for the child; or (ii) is evidence of an offence in relation to the child or the child's unlawful removal from custody or guardianship; and (b) the seizure is necessary to prevent the thing being-- (i) hidden, lost or destroyed; or (ii) used to commit, continue or repeat the offence. 178 Procedure after seizure of thing (1) As soon as practicable after seizing the thing, the officer must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the officer must-- (a) leave the receipt at the place of seizure; and (b) ensure the receipt is left in a reasonably secure way and in a conspicuous position. (3) The receipt must describe generally the seized thing and its condition. (4) The officer must allow a person who would be entitled to the seized thing if it were not in the officer's possession, at any reasonable time-- (a) to inspect it; or (b) if it is a document--to copy it. (5) The officer must return the seized thing to the person-- (a) at the end of 1 year; or (b) if a prosecution for an offence involving it is started within 1 year--at the end of the prosecution and any appeal from the prosecution. (6) Despite subsection (5), the officer must return the seized thing to the person if the officer is satisfied its retention as evidence is no longer necessary. 179 Forfeiture of seized thing on conviction (1) On the conviction of a person of an offence involving the seized thing, the court may order its forfeiture to the State. (2) The court may make any order to enforce the forfeiture it considers appropriate. (3) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law. 180 Dealing with forfeited things etc. (1) On forfeiture, the thing becomes the State's property and may be dealt with by the chief executive as the chief executive considers appropriate. (2) Without limiting subsection (1), the chief executive may destroy the thing. 181 Power to photograph The officer may photograph or film the place, or anyone or anything in or on the place. 182 Evidentiary provisions (1) This section applies to a proceeding under or in relation to this Act. (2) Unless a party, by reasonable notice, requires proof of-- (a) the appointment of an authorised officer under this Act; or (b) the authority of an authorised officer to do an act under this Act; the appointment or authority must be presumed. (3) A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter-- (a) a stated document is a copy of a licence, certificate of approval, notice, declaration or decision made, issued or given under this Act; (b) on a stated day, or during a stated period, a stated person was or was not the holder of a licence or certificate of approval; (c) a licence or certificate of approval-- (i) was or was not issued or given for a stated term; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to a stated condition; (d) on a stated day, a licence or certificate of approval was suspended for a stated period or cancelled; (e) on a stated day, a stated person was given a stated notice under this Act; (f) the whereabouts of a child's parents could not be ascertained after stated reasonable inquiries; (g) on a stated day, a family group meeting or conference was held; (h) a stated entity is a recognised entity for a particular Aboriginal or Torres Strait Islander child; (i) another matter prescribed under a regulation. (5) A document purporting to be the consent of an interstate officer or a delegate of an interstate officer, or purporting to be a copy of the consent of an interstate officer or a delegate of an interstate officer, is evidence of the consent. 183 Proceeding for offences A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886. 184 When proceeding may start A proceeding for an offence against this Act may be started within-- (a) 1 year after the offence is committed; or (b) 1 year after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed. 185 Definitions for pt 6 In this part-- publish, for information, means to publish it to the public by way of television, newspaper, radio or other form of communication. this Act includes the Children's Services Act 1965. Editor's note-- See section 250 (Repeal of Children's Services Act 1965). 186 Confidentiality of notifiers of harm or risk of harm (1) This section applies if a person (the notifier) notifies the chief executive, an authorised officer or a police officer that the notifier suspects-- (a) a child has been, is being or is likely to be, harmed; or (b) an unborn child may be at risk of harm after he or she is born. (2) The person who receives the notification, or a person who becomes aware of the identity of the notifier, must not disclose the identity of the notifier to another person unless the disclosure is made-- (a) in the course of performing functions under this Act or a child welfare law or interstate law of another State to another person performing functions under this Act or a child welfare law or interstate law of another State; or (b) under the Child Protection (International Measures) Act 2003, part 6; or (c) to the ombudsman conducting an investigation under the Ombudsman Act 2001; or (d) to the children's commissioner in compliance with a notice given by the commissioner under the Commissioner's Act requiring the disclosure; or (e) by way of evidence given in a legal proceeding under subsections (3) and (4). Maximum penalty--40 penalty units. (3) Subject to subsection (4)-- (a) evidence of the identity of the notifier or from which the identity of the notifier could be deduced must not be given in a proceeding before a court or tribunal without leave of the court or tribunal; and (b) unless leave is granted, a party or witness in the proceeding-- (i) must not be asked, and, if asked, can not be required to answer, any question that can not be answered without disclosing the identity of, or leading to the identification of, the notifier; and (ii) must not be asked to produce, and, if asked, can not be required to produce, any document that identifies, or may lead to the identification of, the notifier. (4) The court or tribunal must not grant leave unless-- (a) it is satisfied-- (i) the evidence is of critical importance in the proceeding; and (ii) there is compelling reason in the public interest for disclosure; or (b) the notifier agrees to the evidence being given in the proceeding. (5) In deciding whether to grant leave, the court or tribunal must take into account-- (a) the possible effects of disclosure on the safety or welfare of the notifier and the notifier's family; and (b) the public interest in maintaining confidentiality of notifiers. (6) As far as practicable, an application for leave must be heard in a way that protects the identity of the notifier pending a decision on the application. 187 Confidentiality of information obtained by persons involved in administration of Act (1) This section applies to a person who-- (a) is or has been-- (i) a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or (ii) a licensee or the executive officer of a corporation that is a licensee; or (iii) a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or (iv) an approved carer or other person in whose care a child has been placed under this Act; or (v) a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or (vi) a recognised entity or member of a recognised entity; or (vii) a person attending a case planning meeting or participating in another way in the development of a child's case plan; or (viii) a person participating in the revision of a child's case plan; or (ix) a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A, part 3; or (x) a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A, part 4; and (b) in that capacity acquired information about another person's affairs or has access to, or custody of, a document about another person's affairs. (2) The person must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty--100 penalty units or 2 years imprisonment. (3) However, the person may, subject to section 186, use or disclose the information or give access to the document to someone else-- (a) to the extent necessary to perform the person's functions under or in relation to this Act; or (b) if the use, disclosure or giving of access is for purposes related to a child's protection or welfare; or Example-- An approved carer in whose care a child has been placed under this Act may disclose relevant information about the child to a person, including, for example, a school teacher or member of the carer's immediate family, to help the person understand and meet the child's needs. (c) if the use, disclosure or giving of access-- (i) relates to the chief executive's function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or (ii) is otherwise required or permitted under this division or another law. (4) Also, the person may disclose the information or give access to the document-- (a) to another person, to the extent that the information or document is about the other person; or (b) to the chief executive or an authorised officer, to enable the proper administration of chapter 4. (5) To remove any doubt, it is declared that a person participating in the development, implementation or revision of a child's case plan under this Act is performing a function under this Act. (6) In this section-- recognised Aboriginal or Torres Strait Islander agency means a recognised Aboriginal or Torres Strait Islander agency under this Act before the commencement of the Child Safety Legislation Amendment Act 2005, section 64. 188 Confidentiality of information given by persons involved in administration of Act to other persons (1) This section applies if the chief executive, an authorised officer, another prescribed entity, a police officer or anyone else in the course of performing functions under or in relation to the administration of this Act, gives a person (the receiver) information or a document about another person's affairs. (2) The receiver must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty--100 penalty units or 2 years imprisonment. (3) However, the receiver may, subject to section 186, use or disclose the information or give access to the document to someone else-- (a) if the use, disclosure or giving of access is for purposes directly related to a child's protection or welfare; or (b) if the use, disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under section 246C; or (c) if the use, disclosure or giving of access is otherwise required or permitted by law. 188A Police use of confidential information (1) This section applies if a police officer acquires information as provided for in section 187(1). (2) The officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform his or her functions as a police officer. (3) A police officer must not use the information under this section for an investigation or for a proceeding for an offence unless the officer, or another police officer, has consulted with the following entities about the proposed use-- (a) the chief executive; (b) if the information was acquired under chapter 5A, part 3, from a member of the SCAN system--the member; (c) if the information was acquired from a prescribed entity under chapter 5A, part 4--the prescribed entity. (4) The purpose of a consultation under subsection (3) is to consider whether the proposed use of the information for the investigation or proceeding would be in the best interests of any child. (5) Subsection (3) does not apply-- (a) if the information concerns an offence committed against a child; or (b) to the extent that the police officer needs to use the information immediately to perform the officer's functions as a police officer. (6) This section applies subject to section 186. (7) In this section-- information includes a document. use-- (a) in relation to information, includes disclose; and (b) in relation to a document, includes give access to. Note-- Section 248B also requires a police officer to consult with the chief executive about particular investigations and proceedings. 188B Disclosure of information to a child's family group (1) The chief executive or an authorised officer may disclose information about a child to a member of the child's family group if satisfied the disclosure would be in the child's best interests. (2) Before disclosing information under this section, the chief executive or officer must-- (a) obtain and have regard to the child's views, if the child is able to form and express views, taking into account the child's age and ability to understand; and (b) consider whether the disclosure is likely to adversely affect the child's relationship with members of the child's family group; and (c) consider whether the disclosure is likely to have adverse effects for anyone else, including a risk to anyone's safety; and (d) have regard to-- (i) any views expressed by the child's parents; and (ii) the relationship between the child and the person to whom it is proposed to disclose the information, and any views expressed by that person; and (iii) the child's case plan. (3) This section applies subject to section 186. (4) In this section-- family group see section 51E. 189 Prohibition of publication of information leading to identity of children (1) A person must not, without the chief executive's written approval, publish information that identifies, or is likely to lead to the identification of, a child as-- (a) a child who is or has been the subject of an investigation under this Act of an allegation of harm or risk of harm; or (b) a child in the chief executive's custody or guardianship under this Act; or (c) a child for whom an order is in force. Maximum penalty-- (a) for an individual--100 penalty units or 2 years imprisonment; or (b) for a corporation--1000 penalty units. (2) A person must not, without the chief executive's written approval, publish information that identifies, or is likely to lead to the identification of, a child living in Queensland as a child who-- (a) has been harmed or allegedly harmed by a parent or step-parent of the child or another member of the child's family; or (b) is, or allegedly is, at risk of harm being caused by a parent or step-parent of the child or another member of the child's family. Maximum penalty for subsection (2)-- (a) for an individual--100 penalty units or 2 years imprisonment; or (b) for a corporation--1000 penalty units. 189A Making information available for Juvenile Justice Act 1992 (1) The chief executive may, under arrangements made with the chief executive (juvenile justice), make information about a person's affairs, acquired in the administration of this Act, available to officers of the department (juvenile justice) for the purposes of the Juvenile Justice Act 1992. (2) However, subsection (1) does not apply to information about the identity of a person mentioned in section 186(1) who notifies the chief executive, an authorised officer or a police officer that the person suspects a matter mentioned in section 186(1)(a) or (b). (3) This section is not limited by, and does not limit, chapter 5A. (4) Section 188 does not apply to information made available under subsection (1). (5) In this section-- chief executive (juvenile justice) means the chief executive of the department (juvenile justice). department (juvenile justice) means the department in which the Juvenile Justice Act 1992 is administered. Note-- The Juvenile Justice Act 1992, part 9, restricts the use, recording and disclosure of stated information. 190 Production of department's records (1) This section applies if a party to a proceeding in a court or tribunal requires, under applicable rules-- (a) the chief executive to produce to the court, tribunal or party a document in the department's records under this Act in relation to a child or a child's carer; or (b) a government entity to produce to the court, tribunal or party a document mentioned in paragraph (a) that has been given to the entity under section 187. (2) The requirement must describe the document to be produced-- (a) by reference to the person or persons to whom it relates; and (b) by general reference to the circumstances to which it relates; and (c) by stating the period to which the requirement relates. (3) For subsection (2)(b), the requirement must show the circumstances to be relevant to the proceeding. (4) A person must not, directly or indirectly, disclose or make use of information obtained under the requirement other than for a purpose connected with the proceeding. Maximum penalty--100 penalty units or 2 years imprisonment. (5) Despite any Act to the contrary, if a document in the department's records under this Act in relation to a child or a child's carer is produced in a proceeding in a court, an officer of the court must not make the document available for inspection to any person other than a party to the proceeding or a lawyer representing a party to the proceeding. Maximum penalty for subsection (5)--50 penalty units or 1 year's imprisonment. 191 Refusal of disclosure of certain information during proceeding (1) A person who is, or was, engaged in the administration of this Act may refuse to disclose to a court or tribunal in a proceeding, or to a party to the proceeding, information obtained under or in relation to the administration of this Act, if-- (a) its disclosure endangers, or is likely to endanger, a person's safety or psychological health; or (b) it identifies, or is likely to identify, the source of the information and identification of the source is likely to prejudice the achievement of the purpose of this Act; or (c) it is a record of confidential therapeutic counselling with a child or a member of the child's family and its disclosure would prejudice the department's ability to provide counselling services; or (d) it is personal information and the person reasonably believes it is not materially relevant to the proceeding. (2) However, on the application of a party to the proceeding, the court or tribunal may order the disclosure of the information if it is satisfied-- (a) it is materially relevant to the proceeding; and (b) its disclosure is, on balance, in the public interest. (3) To enable the court or tribunal to make a decision about the disclosure of the information, the person must disclose the information to the judicial officers of the court or tribunal. (4) In deciding whether or not the information should be disclosed, the judicial officers must deal with the information in a way that ensures it is not disclosed to anyone else. (5) If the court or tribunal refuses to order its disclosure, the judicial officers must return any document containing the information produced to them. (6) In this section-- judicial officers, for a court or tribunal, means the person or persons constituting the court or tribunal. 192 Prohibition of publication of certain information for proceedings A person must not publish-- (a) information given in evidence in a proceeding under this Act in the Childrens Court, or other Childrens Court records, without the court's approval; or (b) information that identifies, or is likely to lead to the identification of, a person as a party to a proceeding under this Act. Maximum penalty-- (a) for an individual--100 penalty units or 2 years imprisonment; or (b) for a corporation--1000 penalty units. 193 Restrictions on reporting certain court proceedings (1) If, in a proceeding for an offence of a sexual nature, a child is a witness or the person in relation to whom the offence is alleged to have been committed is a child, a report of the proceeding must not disclose prohibited matter relating to the child unless the court expressly authorises the matter to be included in the report. (2) If, in another proceeding, a child is a witness or the person in relation to whom an offence is alleged to have been committed is a child, the court or justice may order that a report of the proceeding must not disclose prohibited matter relating to the child other than matter stated in the order. (3) Also, a report of a proceeding to which subsection (1) or (2) relates must not disclose the name of an authorised officer or police officer involved in the proceeding unless the court or justice expressly authorises the officer's name to be included in the report. (4) A person who makes or publishes a report of a proceeding in contravention of subsection (1), (2) or (3) commits an offence. Maximum penalty-- (a) for an individual--100 penalty units or 2 years imprisonment; or (b) for a corporation--1000 penalty units. (5) However, subsections (1), (2) and (3) do not apply to-- (a) a record of evidence of the proceeding made under the Recording of Evidence Act 1962; or (b) a report made for the department or Queensland Police Service. (6) In this section-- film includes a slide, videotape, videodisc or other form of recording from which a visual image can be produced. proceeding means a proceeding before a court in relation to an offence or before a justice taking an examination of witnesses for an indictable offence, but does not include a proceeding for a charge of an offence against a child. prohibited matter, for a child, means-- (a) the child's name, address, school or place of employment, or another particular likely to lead to the child's identification; or (b) a photograph or film of the child or of someone else that is likely to lead to the child's identification. report, of a proceeding, includes a report of part of the proceeding. 195 Compliance with provisions about explaining and giving documents (1) This section applies if, under a provision of this Act, the chief executive or an authorised officer or police officer is authorised or required to explain the terms and effects of an order or declaration, or give information or a notice to-- (a) a child; or (b) a child's parents, each of a child's parents or at least 1 of a child's parents; or (c) a child's carer. (2) Also, this section applies if, under a provision of chapter 7, the chief executive is required to obtain the consent of a parent. (3) The chief executive or officer need only comply with the provision to the extent that is reasonably practicable in the circumstances. (4) Without limiting subsection (3), it is not, for example, reasonably practicable to comply with the provision in relation to a child's parents if, after reasonable inquiries, the parents or their whereabouts can not be ascertained or, if ascertained, can not be contacted. (5) Also, so far as compliance relates to telling the child about a matter, the chief executive or officer need only comply with the provision to the extent that the chief executive or officer reasonably considers is appropriate in the circumstances having regard to the child's age or ability to understand the matter. (6) However, if under the provision an authorised officer is required to give the child's parents a copy of a document or information in writing, the officer must also give the child the information in writing the officer considers is appropriate in the circumstances having regard to the child's age or ability to understand the information. 196 Exercise of powers and compliance with obligations by others If, under a provision of this Act, an authorised officer or police officer is authorised or required to exercise a power or perform a function-- (a) the power may be exercised or the function performed by another authorised officer or police officer who could exercise or perform a power or function of the same type; and (b) the officer is taken to have complied with the provision. 197 Protection from liability (1) An official, does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. (3) In this section-- official means-- (a) the chief executive; or (b) an authorised officer or police officer; or (c) a person acting under the direction of a person mentioned in paragraph (a) or (b); or (d) a member of the SCAN system or a representative of a member. 198 Explanation and purpose (1) Chapter 2 provides for the making of child protection orders and the conduct of child protection proceedings in the Childrens Court. (2) Laws of other States and New Zealand provide for similar orders and proceedings. (3) The purpose of this chapter is to provide for the transfer of the orders and proceedings between Queensland and other States, and between Queensland and New Zealand-- (a) so that children in need of protection may be protected if they move from one jurisdiction to another; and (b) so that proceedings relating to the protection of a child may be decided, in a timely and expeditious way, in a court in the most appropriate jurisdiction. (4) The transfer of an order from one jurisdiction to another enables the law of the receiving jurisdiction to provide for the administration and enforcement of the order as if it were made in the receiving jurisdiction. (5) Similarly, the transfer of a proceeding from one jurisdiction to another enables the law of the receiving jurisdiction to provide for the proceeding to be heard and decided as if it had been started there. 199 Further guiding principle (1) This chapter must be administered under the principle that it is desirable for an order relating to the protection of a child to have effect, and to be enforced, in the State in which the child resides. (2) In exercising its jurisdiction or powers under this chapter, the Childrens Court must observe the principle mentioned in subsection (1). (3) This section does not limit section 5 or 104. 200 References to Queensland orders If a child protection order is in force under this Act-- (a) the order as in force in Queensland is referred to in this chapter as the home order; and (b) the order in the form in which it is proposed to be transferred to another State under this chapter is referred to in this chapter as the proposed interstate order. 201 Reference to child protection order includes certain orders of other States (1) This chapter uses the term 'child protection order' to refer not only to orders made under this Act, but also to certain orders made under the laws of other States. (2) Specifically, an order made under a child welfare law, or interstate law, of a participating State is a child protection order for this chapter if-- (a) the order provides-- (i) for the guardianship, custody or supervision of a child; or (ii) for contact with a child; or (iii) that a parent of the child must do or refrain from doing something directly related to the child's protection; and (b) the order is made in favour of, or gives responsibility to, any of the following entities of the participating State-- (i) a government department or statutory authority; (ii) a person who is head of, is employed in, or otherwise holds an office or other position in, a government department or statutory authority; (iii) an organisation or the chief executive of an organisation, whether or not the person's position is given the name of chief executive; (iv) a Minister; and (c) the order is not made on an interim basis or for the purpose of assessing a child's protective needs. (3) A reference in this chapter to a child protection order, if the order is made under a law of another State-- (a) is a reference to the order in the form in which it is transferred, or proposed to be transferred, to Queensland; and (b) includes a reference to a document, prepared under the law of the other State, stating the conditions applying to the order on its transfer to Queensland. 202 Meaning of law for div 3 (1) In this division-- law includes part of a law. (2) Also, for the application of the Acts Interpretation Act 1954, section 14H to a regulation made under this division, the definition law for that section includes a law of New Zealand. 203 Child welfare laws A regulation may declare a law of another State about the protection of children to be a child welfare law of that State. 204 Interstate laws (1) If the Minister is satisfied a law of another State substantially corresponds to this chapter, the Minister may recommend that the Governor in Council-- (a) declare the law to be an interstate law of that State; and (b) declare that State to be a participating State; and (c) declare the holder (from time to time) of a stated office to be the interstate officer for that State. (2) The Governor in Council may make the declaration by regulation. 205 Meaning of parent for ch 7 In this chapter-- parent, of a child, means each of the following persons-- (a) the child's mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under a law of the State or another State; (d) if the child is in a person's custody or guardianship under this Act-- (i) the child's mother or father; and (ii) anyone else who would be the child's parent under paragraph (b) or (c) if the child were not in the person's custody or guardianship under this Act. 206 Orders that may be transferred A child protection order in force under this Act may be transferred to a participating State under this part, unless the order is-- (a) an interim order under section 67; or (b) an order granting long term guardianship of a child to someone other than the chief executive. 207 Chief executive may transfer order (1) The chief executive may transfer a child protection order to a participating State if-- (a) the chief executive is satisfied an order to the same or a similar effect as the home order could be made under a child welfare law of that State; and (b) the home order is not the subject of an appeal under chapter 3, part 4 and, if no appeal has been started, the time for starting an appeal has expired; and (c) the home order is not the subject of an application under section 65; and (d) the interstate officer for that State has given written consent to the transfer and to the provisions of the proposed interstate order; and (e) each person whose consent to the transfer is required under section 209 has consented; and (f) the chief executive has given the notices required under section 210. (2) For subsection (1)(a), in deciding whether an order to the same or a similar effect as the home order could be made under a child welfare law of the participating State, the chief executive must not take into account the period for which an order of that type could have been made in that State. 208 Provisions of proposed interstate order (1) The provisions of the proposed interstate order are the provisions decided by the chief executive under this section. (2) Before transferring the child protection order, the chief executive may vary the home order in a way that the chief executive is satisfied is reasonably necessary because of the transfer. Example-- A child protection order is made under chapter 2, part 4, granting short-term guardianship of a child to the chief executive. The child moves to Victoria. The chief executive decides to transfer the order to Victoria. In deciding the provisions of the proposed interstate order, the chief executive varies the home order so that it grants short-term guardianship of the child to the interstate officer for Victoria. (3) The proposed interstate order-- (a) must be of the same or a similar effect as the home order; and (b) may only include provisions that could be included in an order of that type under a child welfare law of the participating State. (4) The chief executive must state in the proposed interstate order the time for which it is to have effect in the participating State. (5) The stated time must be the lesser of-- (a) the time for which the home order would have effect if it were not transferred to that State; and (b) the maximum time for which an order of that type, made under a child welfare law of that State, could be given effect. 209 Persons whose consent is required (1) The order may not be transferred unless all the following persons give written consent to the transfer and to the provisions of the proposed interstate order-- (a) the child's parents; (b) if the child is at least 12 years, the child; (c) if the child is in the care of a carer who has moved, or is moving, with the child to the participating State, the carer. (2) Before obtaining a person's consent under subsection (1), the chief executive must-- (a) tell the person why the chief executive considers it is appropriate to transfer the order; and (b) explain to the person the terms and effect of the proposed interstate order. 210 Notice of decision (1) If the chief executive decides to transfer the order, the chief executive must give a written notice of the decision and a copy of the proposed interstate order to each of the following persons-- (a) the child; (b) each person whose consent to the transfer is required; (c) anyone else who the chief executive considers ought to be notified of the decision. (2) The notice must be given within 3 days after the day the decision is made (the decision day). (3) The notice must-- (a) state the decision day; and (b) state that anyone who wishes to make a judicial review application in relation to the decision must make the application, and give notice of the application to the chief executive, within 28 days after the decision day. 211 Limited time for applying for judicial review (1) Despite the Judicial Review Act 1991, sections 26 and 46, a person may only make a judicial review application in relation to the decision to transfer the order within 28 days after the decision day. (2) The Supreme Court may not extend the time stated in this section for making the application. (3) The application is taken not to have been made until notice of the application is given to the chief executive. (4) The application stays the operation of the chief executive's decision. 212 Application for transfer The chief executive may apply to the Childrens Court for an order transferring a child protection order to a participating State. 213 Procedural matters The following provisions apply to the application as if any reference in the provisions to a child protection order were a reference to an order transferring a child protection order to a participating State-- • section 54(2) • sections 55 to 58 • chapter 2, part 5 • chapter 3, parts 1 to 3. 214 Court may transfer order On receiving the application, the Childrens Court may order the transfer of the child protection order to the participating State if-- (a) the home order is not the subject of an appeal under chapter 3, part 4 and, if no appeal has been started, the time for starting an appeal has expired; and (b) the interstate officer for that State has given written consent to the transfer and to the provisions of the proposed interstate order; and (ba) an appropriate case plan has been prepared under chapter 2, part 3A; and (c) a family group meeting has been held or reasonable attempts to hold a family group meeting have been made; and (d) if the application is contested, a conference between the parties has been held or reasonable attempts to hold a conference have been made; and (e) the child's wishes or views, if able to be ascertained, have been made known to the court. 215 Provisions of proposed interstate order (1) If the Childrens Court decides to order the transfer of the child protection order to the participating State, it must decide the provisions of the proposed interstate order. (2) The court must be satisfied-- (a) the proposed interstate order is an order that could be made under a child welfare law of that State; and (b) the protection sought to be achieved by the proposed interstate order is unlikely to be achieved by an order on less intrusive terms; and (c) the proposed interstate order-- (i) is of the same or a similar effect as the home order; or (ii) is otherwise in the child's best interests. (3) In deciding the provisions of the proposed interstate order, the court must-- (a) decide the time for which it would be appropriate for the proposed interstate order to have effect in the participating State; and (b) state the time in the proposed interstate order. (4) The stated time must not be more than the maximum time for which an order of that type, made under a child welfare law of that State, could be given effect in that State. (5) In deciding whether the proposed interstate order is of the same or a similar effect as the home order, the court must not take into account the time for which the proposed interstate order is to have effect in the participating State. 216 Notice of decision (1) This section applies if the court decides the application by ordering the transfer of the child protection order. (2) As soon as practicable after the court makes the decision, the chief executive must give to each party to the proceeding for the application-- (a) a copy of the court's order; and (b) a written notice-- (i) explaining the terms and effect of the court's order; and (ii) stating that the party may appeal against the decision within 10 business days after the party receives the notice; and (iii) stating how to appeal. 217 Application of div 4 This division applies if a child protection order is transferred to a participating State under this part and registered under an interstate law of that State. 218 Order ceases to have effect under this Act The order ceases to have effect under this Act. 219 Order may be revived under this Act (1) If the registration of the order is revoked under an interstate law of the participating State before its original expiry day, the home order resumes having effect under this Act until its original expiry day. (2) The home order does not resume having effect under this Act if-- (a) the transferred order (rather than its registration) is revoked under a child welfare law of that State; or (b) the transferred order expires. (3) In this section-- original expiry day, of an order, means the day the order would cease to have effect under this Act if it were not transferred under this part. 220 Application of pt 3 This part applies to the transfer of a child protection order to Queensland, from a participating State, under an interstate law of that State. 221 Chief executive's consent to transfer (1) The order may not be transferred to Queensland unless the chief executive gives written consent to the transfer and to the provisions of the order. (2) The chief executive must give the required consent, if asked by the interstate officer for the participating State, unless the chief executive is satisfied-- (a) the order includes a provision that may not be included in an order made under chapter 2, part 4; or (b) the transfer or the provisions of the order would not be in the child's best interests. 222 Filing and registration of order (1) This section applies if-- (a) the chief executive gives written consent to the transfer and to the provisions of the order; and (b) the chief executive is satisfied that, under the interstate law-- (i) the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and (ii) the decision is not the subject of an appeal or application for review; and (iii) the decision is not stayed. (2) As soon as practicable after receiving a copy of the order, the chief executive must file the copy in the Childrens Court. (3) On the filing of the copy, the registrar of the court must register the order. (4) Immediately after registering the order, the registrar must notify the interstate officer for the participating State and the registrar of the Childrens Court in that State. 223 Effect of registration (1) The order is taken to be a child protection order of the Childrens Court in Queensland made on the day of its registration, except for the purposes of an appeal against the order. (2) Without limiting subsection (1), the order may be enforced, varied, revoked, or extended in operation, as if it had been made under chapter 2, part 4. 224 Revocation of registration (1) Any of the following persons may apply to the Childrens Court to revoke the registration of the order-- (a) the chief executive; (b) the child the subject of the order; (c) a parent of the child; (d) a party to a proceeding in which the interstate transfer decision was made. (2) The registrar must immediately give a copy of the application to-- (a) the interstate officer for the participating State; and (b) each person mentioned in subsection (1). (3) The court may grant the application and revoke the registration only if it is satisfied that, when the order was registered-- (a) the period for appealing, or applying for review of, the interstate transfer decision had not expired; or (b) the decision was the subject of an appeal or application for review; or (c) the decision was stayed. (4) Immediately after the registration of the order is revoked, the registrar must-- (a) notify the interstate officer for the participating State and the registrar of the Childrens Court in that State; and (b) return the copy of the order that was filed in the court under section 222. (5) Revocation of the registration of the order does not prevent a re- registration of the order. 225 Application for transfer (1) If there is a child protection proceeding pending in the Childrens Court, an authorised officer may apply to the court for an order transferring the proceeding to the Childrens Court in a participating State. (2) The application must-- (a) state the grounds on which it is made; and (b) state the nature of the order sought; and (c) comply with applicable rules of court; and (d) be filed in the court. 226 Registrar to fix time and place for hearing When the application is filed, the registrar of the Childrens Court must immediately fix the time and place for hearing the application having regard to the principle that it is in the best interests of the child for the application to be heard as early as possible. 227 Notice of application (1) As soon as practicable after the application is filed, the applicant must-- (a) personally serve a copy of it on each of the child's parents; and (b) tell the child about the application. Editor's note-- Section 195 deals with compliance with provisions about giving information. (2) However, if it is not practicable to serve the copy personally, a copy of the application may be served on a parent by leaving it at, or by sending it by post to, the parent's residential address last known to the applicant. (3) The copy of the application served under this section must state-- (a) when and where the application is to be heard; and (b) that the application may be heard and decided even though the parent does not appear in court. 228 Court may transfer proceeding On receiving the application, the court may order the transfer of the proceeding to the participating State if the interstate officer for that State has given written consent to the transfer. 229 Considerations for Childrens Court (1) In deciding whether to order the transfer, the court must have regard to the following matters-- (a) whether there are any child protection orders for the child in force in the participating State; (b) whether any other proceedings relating to the child are pending, or have been heard and decided, under a child welfare law in the participating State; (c) where the matters giving rise to the proceedings happened; (d) the place of residence, and likely future place of residence, of the child, the child's parents and other persons significant to the child. (2) This section does not limit sections 104 and 199. 230 Court may make interim order (1) If the Childrens Court orders the transfer of the proceeding to the participating State, it may also make an interim order-- (a) granting custody of the child to any person; or (b) giving responsibility for the child's supervision to the interstate officer for that State or another person in that State to whom the responsibility may be given under a child welfare law of that State. (2) The interim order must state the time, not more than 30 days, for which it has effect. 231 Notice of decision to transfer (1) This section applies if the court decides the application by ordering the transfer of the proceeding. (2) As soon as practicable after the court makes the decision, the chief executive must give to each party to the proceeding for the application-- (a) a copy of the court's order; and (b) a written notice-- (i) explaining the terms and effect of the court's order; and (ii) stating that the party may appeal against the decision within 10 business days after the party receives the notice; and (iii) stating how to appeal. 232 Effect of registration of order If the court's order transferring the proceeding to the participating State is registered in that State's Childrens Court under its interstate law-- (a) the proceeding is discontinued in the Childrens Court in Queensland; and (b) any interim order made by the Childrens Court in Queensland on ordering the transfer ceases to have effect under this Act. 233 Application of pt 5 This part applies to the transfer of a child protection proceeding to Queensland, from a participating State, under an interstate law of that State. 234 Chief executive's consent to transfer (1) The proceeding may not be transferred to Queensland unless the chief executive gives written consent to the transfer. (2) The chief executive must give the consent, if asked by the interstate officer for the participating State, unless the chief executive is satisfied the transfer would not be in the child's best interests. 235 Filing and registration of interstate transfer decision (1) This section applies if-- (a) the chief executive gives written consent to the transfer; and (b) the chief executive is satisfied-- (i) the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and (ii) the decision is not the subject of an appeal or application for review; and (iii) the decision is not stayed. (2) As soon as practicable after receiving a copy of the decision, the chief executive must file the copy in the Childrens Court. (3) Also, if an interstate government officer of the participating State is a party to the proceeding, the chief executive must-- (a) nominate an authorised officer to become a party to the proceeding in place of the interstate government officer; and (b) file in the Childrens Court a notice stating the name of the nominated officer. (4) If there is an associated interim order in force, the chief executive must also file a copy of the associated interim order in the Childrens Court as soon as practicable after receiving the copy. (5) On the filing of a copy of an interstate transfer decision or associated interim order under this section, the registrar of the court must register the decision or order. (6) Immediately after registering the decision or order, the registrar must notify the interstate officer for the participating State and the registrar of the Childrens Court in that State. (7) In this section-- interstate government officer, of a participating State, means the interstate officer for that State or another officer of a department of government of that State. 236 Effect of registration of interstate transfer decision (1) The transferred proceeding is taken to be a proceeding started in the Childrens Court in Queensland on the day of registration of the interstate transfer decision and may be continued in the court. (2) The authorised officer nominated under section 235(3) is a party to the proceeding in place of the interstate government officer for the participating State. (3) The court-- (a) is not bound by any finding of fact made by the Childrens Court in the participating State; and (b) may inform itself on a matter using a transcript of the proceeding in that court or evidence tendered in the proceeding. 237 Effect of registration of associated interim order (1) An associated interim order filed in the Childrens Court in Queensland is taken to be an order of the court made on the day of its registration, except for the purposes of an appeal against the order. (2) The order may be enforced as if it had been made by the court under section 67, even if it includes provisions that could not otherwise be included in an order under that section. (3) However, the court may not extend the operation of the order or vary the order in any other way. (4) This section does not limit the court's powers to revoke the order or make another order under section 67. 238 Revocation of registration (1) Any of the following persons may apply to the Childrens Court to revoke the registration of an interstate transfer decision or associated interim order under this part-- (a) the chief executive; (b) the child the subject of the proceeding; (c) a parent of the child; (d) a party to the proceeding; (e) a person entitled under the interstate law of the participating State to receive notice of the proceeding. (2) The registrar must immediately give a copy of the application to-- (a) the interstate officer for the participating State; and (b) each person mentioned in subsection (1). (3) The court may grant the application and revoke the registration only if it is satisfied that, when the interstate transfer decision or associated interim order was registered-- (a) the period for appealing, or applying for review of, the decision or order had not expired; or (b) the decision or order was the subject of an appeal or application for review; or (c) the decision or order was stayed. (4) Immediately after the registration of the decision or order is revoked, the registrar must-- (a) notify the interstate officer for the participating State and the registrar of the Childrens Court in that State; and (b) return the documents relating to the decision or order that were filed in the court under section 235. (5) To remove doubt, it is declared that revocation of the registration of the interstate transfer decision or associated interim order does not prevent a re- registration of the decision or order. 239 Appeal against decision of Childrens Court (1) This section applies to a decision of the Childrens Court (the original decision) on an application for an order transferring a child protection order or child protection proceeding to a participating State. (2) A party to the proceeding for the application may appeal to the appellate court against the decision. (3) The appeal is started by filing a written notice of appeal with the registrar of the appellate court. (4) The appellant must file the notice of appeal, and serve a copy of the notice on the other persons entitled to appeal against the decision, within the following times-- (a) if the original decision is to order the transfer of a child protection order--within 10 business days after receiving the notice under section 216; (b) if the original decision is to order the transfer of a child protection proceeding--within 10 business days after receiving the notice under section 231; (c) otherwise--within 10 business days after the decision. (5) The appellate court may not extend the period for filing and serving the notice of appeal. (6) The notice of appeal must state fully the grounds of the appeal and the facts relied on. (7) The original decision is stayed until the appellate court decides the appeal. (8) The appeal must be decided on the evidence and proceedings before the Childrens Court. (9) However, the appellate court may order that the appeal be heard afresh, in whole or part. (10) The appellate court must hear and decide the appeal as soon as possible. (11) In deciding the appeal, the appellate court may-- (a) confirm the original decision; or (b) vary the original decision; or (c) set aside the original decision and substitute another decision. 240 Interim orders (1) This section applies if a person appeals against an order transferring a child protection proceeding to a participating State. (2) If an interim order is in force under section 230-- (a) the interim order is not affected merely because of the appeal; but (b) the appellate court may-- (i) stay the operation of the interim order; or (ii) vary or revoke the interim order; or (iii) extend the time for which the interim order has effect. (3) Also, the appellate court may make any interim order that could be made by the Childrens Court under section 230. 241 Transfer of court file (1) This section applies if-- (a) a court has made an order transferring a child protection order or proceeding to a participating State; and (b) the time, if any, for an appeal against the court's order has expired; and (c) the court's order is not subject to a stay. (2) The registrar of the court must give the court file for the child protection order or proceeding to the registrar of the Childrens Court of the participating State. 246A Chief executive to review department's involvement with particular children (1) This section applies if-- (a) a child dies; and (b) within 3 years before the child's death-- (i) the chief executive-- (A) became aware of alleged harm or alleged risk of harm to the child; or (B) took action under this Act in relation to the child; or (ii) the child was born and, before the child was born, the chief executive reasonably suspected that the child might be in need of protection after he or she was born. (2) The chief executive must carry out a review about the department's involvement with the child. 246B Terms of reference and extent of review (1) The chief executive must decide-- (a) the extent of the review; and (b) the terms of reference for the review. (2) Without limiting subsection (1)(b), the terms of reference may include any of the following-- (a) finding out whether the department's involvement with the child and the child's family complied with legislative requirements and the department's policies; (b) considering the adequacy and appropriateness of the department's involvement with the child and the child's family; (c) commenting on the sufficiency of the department's involvement with other entities in the delivery of services to the child and the child's family; (d) commenting on the adequacy of legislative requirements and the department's policies relating to the child; (e) making recommendations relating to matters mentioned in paragraphs (a) to (d) and suggesting strategies to put into effect the recommendations. (3) In this section-- policies include guidelines, procedures, protocols, standards and systems. 246C Chief executive may seek information from entities For the review, the chief executive may ask another entity who the chief executive reasonably considers has information about the child for information about the child that was relevant to the child's protection or welfare while the child was alive. 246D Report to be prepared and given to CDCRC (1) The chief executive must complete the review, and a report about the review, as soon as practicable and, in any case, so that the chief executive can comply with subsection (2). (2) The chief executive must give a copy of the report, and of any documents obtained by the chief executive and used for the review, to the CDCRC within 6 months after the chief executive becomes aware of the child's death. 246E Protection from liability for giving information to chief executive (1) This section applies if a person, acting honestly, gives the chief executive information for the review. (2) The person does not incur liability for giving the information. (3) Also, merely because the person gives the information, the person can not be held to have-- (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. (4) To remove doubt, it is declared that this section applies despite any other Act. 246F No liability for defamation if report made in good faith It is a lawful excuse for the publication of a defamatory statement made in a report under this part, including a supplementary report, that the publication is made in good faith and is, or purports to be, made for this Act. 246G Preparation of supplementary report (1) This section applies if the chief executive is given a notice under the Commissioner's Act, section 89T(3), requiring the chief executive to give the CDCRC a supplementary report about a review. (2) The chief executive must comply with the requirement as soon as practicable but, in any case, so that the CDCRC can comply with the Commissioner's Act, section 89U(1). (3) Sections 246C and 246E apply for the preparation of the supplementary report in the same way that they apply to the carrying out of the review. 246H Chief executive to give reports to State Coroner (1) This section applies if-- (a) the chief executive-- (i) completes a report under section 246D; or (ii) gives the CDCRC a supplementary report under section 246G; or (iii) is given, under the Commissioner's Act, section 89U, a copy of a report by the CDCRC; and (b) the report concerns the department's involvement with a child whose death is a reportable death under the Coroners Act 2003. (2) The chief executive must, as soon as practicable, give a copy of the report to the State Coroner for use by a coroner to help in an investigation under the Coroners Act 2003. (3) If the report does not identify the child to whom it relates, the copy given to the State Coroner must be accompanied by a document that states-- (a) the child's name; and (b) the child's date of birth; and (c) the child's date of death. 246I Recognised entities (1) The chief executive must keep a list of entities with whom to consult about issues relating to the protection and care of Aboriginal or Torres Strait Islander children. (2) The chief executive must not include an entity on the list unless the entity is-- (a) an individual-- (i) who is an Aboriginal or Torres Strait Islander person; and (ii) who has appropriate knowledge of, or expertise in, child protection; and (iii) who is not an officer or employee of the department; or (b) an entity-- (i) whose members include individuals mentioned in paragraph (a); and (ii) that has a function of providing services to Aboriginal persons or Torres Strait Islanders. (3) The chief executive must make the list available for public inspection. 247 Reviews of reviewable decisions An aggrieved person for a reviewable decision may apply to the tribunal to have the decision reviewed. Editor's note-- Aggrieved persons and reviewable decisions are in schedule 2. Reviews are dealt with in the Children Services Tribunal Act 2000, part 4 (Organisation, jurisdiction and operation of tribunal). 248 Annual reporting about child protection matters (1) By 31 October in each year, the chief executive of a prescribed entity must give to the chief executive a report about the matters, relating to the entity's operations during the previous financial year, that are relevant to child protection. (2) A regulation may prescribe the matters that must be included in a prescribed entity's report. (3) As soon as practicable after receiving the reports from all the prescribed entities, the chief executive must consolidate them into a single report and give the consolidated report to the Minister. (4) Within 14 sitting days after receiving the consolidated report, the Minister must table it in the Legislative Assembly. (5) In this section-- prescribed entity means-- (a) a department that is mainly responsible for any of the following matters-- (i) Aboriginal and Torres Strait Islander policy; (ii) administration of justice; (iii) adult corrective services; (iv) community services; (v) disability services; (vi) education; (vii) housing services; (viii) public health; (ix) the State budget; (x) youth justice; or (b) the Queensland Police Service. 248A Acting in support of the children's commissioner (1) A power under a prescribed provision may be exercised, and information or a document obtained under a prescribed provision may be given to the children's commissioner, for the purpose of supporting the commissioner in the performance of the commissioner's monitoring functions under the Commissioner's Act. (2) In this section-- prescribed provision means any of the following provisions-- (a) sections 145 and 146; (b) a regulation under section 249(2)(c). 248B Consultation about investigations and prosecutions (1) This section applies to an offence committed against a child who a police officer knows or suspects is a child in need of protection. (2) When investigating the offence, the officer must consult with the chief executive for the purpose of planning the most appropriate way of conducting the investigation. (3) Before starting a proceeding for the offence, the officer must consult with the chief executive for the purpose of considering whether the proceeding would be in the best interests of the child. (4) Subsections (2) and (3) do not apply to the officer-- (a) to the extent that the consultation would be impracticable in all the circumstances, including any need to take urgent action; or (b) if the officer is aware the consultation has already been carried out by another police officer. 249 Regulation-making powers (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made for or about the following-- (a) the suitability of persons involved in, and the use of premises for, providing care services; (b) fees; (c) the records to be kept and returns to be made by persons and the inspection of records; (d) the conduct of family group meetings; (e) the SCAN system. (3) A regulation may impose a penalty of not more than 20 penalty units for contravention of a provision of a regulation. 250 Repeal of Children's Services Act 1965 The Children's Services Act 1965 is repealed. 251 References to repealed Act In an Act or document, a reference to the Children's Services Act 1965 may, if the context permits, be taken to be a reference to this Act. 252 Definitions for pt 2 In this part-- commencing day means the day this chapter commences. director means the director under the repealed Act. existing care and protection order, for a child, means an order in force immediately before the commencing day-- (a) under section 49(4)(a)(iii) of the repealed Act admitting the child to the director's care and protection; or (b) under section 61(4)(a)(iii) of the repealed Act admitting the child to the director's care and control. existing section 47 declaration, for a child, means a declaration in force immediately before the commencing day under section 47 of the repealed Act admitting the child to the director's care and protection. existing section 134 declaration, for a child, means a declaration in force immediately before the commencing day under section 134(4) of the repealed Act admitting the child to the director's care and protection. existing supervision order, for a child, means an order in force immediately before the commencing day-- (a) under section 49(4)(a)(ii) of the repealed Act ordering that the director have protective supervision over and in relation to the child; or (b) under section 61(4)(a)(ii) of the repealed Act ordering the director to exercise supervision over and in relation to the child. repealed Act means the Children's Services Act 1965. 253 Existing section 47 declarations and care and protection orders (1) An existing section 47 declaration or existing care and protection order continues in force under this Act as if it were a child protection order granting the chief executive guardianship of the child. (2) An existing section 47 declaration, or existing care and protection order made under section 49(4)(a)(iii) of the repealed Act, and continued in force under subsection (1) ends-- (a) if, immediately before the commencing day, the declaration or order had been in force for more than 3 years--when the child turns 18 years; or (b) if, immediately before the commencing day, the declaration or order had been in force for 1 or more years but not more than 3 years--3 years after it was originally made or, if the child earlier turns 18 years, when the child turns 18 years; or (c) if, immediately before the commencing day, the declaration or order had been in force for less than 1 year--2 years after it was originally made or, if the child earlier turns 18 years, when the child turns 18 years. (3) An existing care and protection order made under section 61(4)(a)(iii) of the repealed Act and continued in force under subsection (1) ends 1 year after the commencing day or, if the child earlier turns 18 years, when the child turns 18 years. 254 Existing supervision orders (1) An existing supervision order continues in force under this Act as if it were a child protection order requiring the chief executive to supervise the child's protection in relation to the matters stated in the order. (2) An existing supervision order continued in force under subsection (1) ends 1 year after the commencing day or, if the child earlier turns 18 years, when the child turns 18 years. 255 Existing section 134 declarations (1) On the day of the commencing day, the chief executive must, by written declaration, assume guardianship of each child the subject of an existing section 134 declaration. (2) The declaration may assume guardianship of the child for-- (a) if the interstate order for the child states it ends after a stated period--the lesser of-- (i) the remainder of the stated period; or (ii) 2 years; or (b) if the interstate order for the child states it ends when the child turns 18 years--not more than 2 years or, if the child earlier turns 18 years, until the child turns 18 years. (3) On the making of the declaration, the interstate order is taken to be a child protection order under the terms stated in the declaration. (4) For subsection (3), the chief executive may declare the interstate order applies to the chief executive's guardianship to and only to the stated extent, or with the stated changes necessary, to make it consistent with this Act. (5) To remove any doubt, it is declared that the declaration may be made even if the interstate order has ended before the commencing day. (6) The declaration is taken-- (a) to be a declaration under section 243; and (b) to have had effect from the commencing day. (7) In this section-- interstate order, for a child, means an order made by a court in another State for the child. 256 Licensed institutions under repealed Act (1) A licence issued by the Minister under part 4 of the repealed Act for an institution, and in force immediately before the commencing day, continues in force as if it were a licence to provide care services under this Act. (2) For this Act, the governing authority of the institution is taken to be the licensee and the person in charge of the institution is taken to be the nominee. (3) A licence continued in force under subsection (1) ends on the anniversary of its issue in the third year after the commencing day. 257 Approved foster parents (1) The holder of an approval to act as a foster parent under part 10 of the repealed Act, and in force immediately before the commencing day, continues in force as if it were a certificate of approval as an approved foster carer under this Act. (2) An approval continued in force under subsection (1) ends on the anniversary of its issue in the second year after the commencing day. 258 Existing applications and proceedings for care and protection orders and care and control orders (1) This section applies to-- (a) an application under the repealed Act for an order that a child be-- (i) admitted to the chief executive's care and protection; or (ii) committed to the chief executive's care and control; and (b) a proceeding in the Childrens Court for an application mentioned in paragraph (a). (2) If the application or proceeding is not finally dealt with at the commencement of this section, it may be continued and dealt with under this Act as if it were an application, or a proceeding for an application, for a child protection order granting short-term guardianship of the child to the chief executive. 259 Applications to revoke or substitute certain orders under repealed Act (1) In this section-- existing section 49 order, for a child, means an order in force immediately before the commencing day under section 49(4)(a)(ii) or (iii) of the repealed Act-- (a) ordering the director have protective supervision over and in relation to the child; or (b) admitting the child to the director's care and protection. (2) An application under the repealed Act to revoke or substitute an existing section 49 order for a child not finally dealt with at the commencing day may be continued and dealt with under this Act as if it were an application to vary or revoke a child protection order for the child. 259A Appointment of guardian by deed under s 90 of repealed Act (1) This section applies to a deed, made under section 90 of the repealed Act, appointing a person as guardian of a child, if the deed was in force immediately before the commencing day. (2) The deed has effect to the same extent as if the repealed Act had not been repealed. (3) Subsection (2) does not limit the Acts Interpretation Act 1954, section 20. (4) This section has effect from 23 March 2000. 260 Exemption from expiry of Children's Services Regulation 1966 Despite the Statutory Instruments Act 1992, part 7, the Children's Services Regulation 1966 does not expire at the end of 30 June 1999 but remains in force until the earliest of the following, when it ceases to have effect-- (a) the commencement of section 250; (b) the end of 31 December 1999; (c) the repeal or expiry of the regulation, other than under the part or as mentioned in paragraph (a) or (b). 260A Declaration under repealed s 243 (Transfer from a non-participating State) A child protection order made by declaration under section 243 before the repeal of that section, and in force immediately before the repeal, is not affected by the repeal. 261 First reports under s 248(1) The first reports prepared under section 248(1) are due by 31 October 2005 and must relate to the period starting on the day section 248 commences and ending on 30 June 2005. 262 Transitional--case planning (1) If, on the commencement day, a child is a child mentioned in section 51C and has a case plan that was prepared before the commencement day, the plan is taken to have been developed under chapter 2, part 3A. (2) A family meeting held under the Act before the commencement day is taken to be a family group meeting. (3) In this section-- commencement day means the day chapter 2, part 3A, commences. 263 Administrative approvals as carers (1) An administrative approval of a person as a relative carer, in force immediately before the commencement day, continues in force as an approval of the person as an approved kinship carer. (2) Subject to this Act, an approval under subsection (1) continues in force until-- (a) if the administrative approval was given before 31 July 2004--the anniversary of the day of its issue first happening after 31 July 2006; or (b) otherwise--the second anniversary of the day of its issue. (3) An administrative approval of a person as a limited approval carer, in force immediately before the commencement day, continues in force as an approval of the person as a provisionally approved carer. (4) Subject to this Act, an approval under subsection (3) continues in force until the day stated in the administrative approval. (5) In this section-- administrative approval means an approval given by the chief executive, before the commencement day, under an administrative scheme for approving persons as carers for this Act. commencement day means the day the Child Safety Legislation Amendment Act 2005, section 38, commences. 264 Current applications relating to foster carer certificates (1) This section applies to an application made under repealed section 132 that, immediately before the commencement day, had not been decided. (2) If the application is for a certificate of approval, it is taken to have been made under section 133. (3) If the application is to renew a certificate of approval, it is taken to have been made under section 134. (4) In this section-- commencement day means the day the Child Safety Legislation Amendment Act 2005, section 38, commences. repealed section 132 means section 132 as in force before the commencement day. 265 Recognised entities (1) This section applies if, on the commencement day, there is no list under section 246I. (2) Until a list is established, an entity that, immediately before the commencement day, was a recognised Aboriginal or Torres Strait Islander agency for a particular child continues as a recognised entity for the child. (3) In this section-- commencement day means the day the Child Safety Legislation Amendment Act 2005, section 65, commences. 266 Definitions for pt 6 In this part-- commencement means the day on which the provision in which the term is used commences. post-amended Act means this Act as in force after the commencement. 267 Application for licence (1) This section applies to an application made under section 125 that, immediately before the commencement, had not been decided. (2) Sections 125(1)(d) and 126(c) and (d) of the post-amended Act do not apply to the application. 268 Application for particular certificate of approval (1) This section applies to an application for, or renewal of, a certificate of approval as an approved foster carer that, immediately before the commencement, had not been decided. (2) Section 135(1)(a)(iii) of the post-amended Act does not apply to the application. - CHARTER OF RIGHTS FOR A CHILD IN CARE Because-- The Parliament recognises the State has responsibilities for a child in need of protection who is in the custody or under the guardianship of the chief executive under this Act, this Act establishes the following rights for the child-- (a) to be provided with a safe and stable living environment; (b) to be placed in care that best meets the child's needs and is most culturally appropriate; (c) to maintain relationships with the child's family and community; (d) to be consulted about, and to take part in making, decisions affecting the child's life (having regard to the child's age or ability to understand), particularly decisions about where the child is living, contact with the child's family and the child's health and schooling; (e) to be given information about decisions and plans concerning the child's future and personal history, having regard to the child's age or ability to understand; (f) to privacy, including, for example, in relation to the child's personal information; (g) if the child is under the long-term guardianship of the chief executive, to regular review of the child's care arrangements; (h) to have access to dental, medical and therapeutic services, necessary to meet the child's needs; (i) to have access to education appropriate to the child's age and development; (j) to have access to job training opportunities and help in finding appropriate employment; (k) to receive appropriate help with the transition from being a child in care to independence, including, for example, help about housing, access to income support and training and education. - REVIEWABLE DECISIONS AND AGGRIEVED PERSONS Reviewable decision Aggrieved person directing a parent in relation to a supervision matter stated in a child the parent given the direction protection order (section 78) deciding in whose care to place a child under a child protection order granting the child's parents or the child the chief executive custody or guardianship (section 86(2)) not informing a child's parents of person in whose care the child is and a parent given the notice or the child where the child is living (section 86 (4)) refusing to allow, restricting, or imposing conditions on, contact between a child and the child's parents or a a person affected by the decision member of the child's family (section 87(2)) a carer entitled to apply to have a removing a child from the care of the decision reviewed under section 91 or a child's carer (section 89) child to whom a notice must be given stating the matters mentioned in section 90(4)(b) to (d) refusing an application for, or to renew, a licence (section 129) other than because a person mentioned in the applicant or licensee section 126(b)(i) or (ii) does not have a current positive prescribed notice refusing an application for, or to renew, a certificate of approval as an approved foster carer or an approved kinship carer (section 136) other than the applicant or certificate holder because a person mentioned in section 135(1)(a)(iii) or (b)(iv) does not have a current positive prescribed notice refusing an application to amend an authority other than a provisional the authority holder certificate (section 137) amending an authority other than a the authority holder provisional certificate (section 138) suspending or cancelling an authority other than a provisional certificate the authority holder (section 140) cancelling an authority (section 140AG the authority holder (3) or (4) or 140AH) - DICTIONARY aggrieved person, for a reviewable decision, means a person stated opposite the decision in schedule 2. appellate court means-- (a) for a decision on an application for a court assessment order or child protection order, or for an order transferring a child protection order or child protection proceeding to a participating State-- (i) if the decision was made by the Childrens Court constituted by a judge--the Court of Appeal; or (ii) if the decision was made by the Childrens Court constituted in another way--the Childrens Court constituted by a judge; or (b) for a decision on an application for a temporary assessment order--the Childrens Court constituted by a judge. apply for a prescribed notice means apply for a prescribed notice under the Commissioner's Act. apply for a review, for chapter 4, part 2, division 4, subdivision 3, see section 140AB. appropriately qualified, for an officer or employee of the department to whom a power under this Act may be delegated, includes having qualifications, experience or standing appropriate to exercise the power. Example of standing-- an officer's classification level in the public service approved carer-- (a) generally, means-- (i) an approved foster carer; or (ii) an approved kinship carer; or (iii) a provisionally approved carer; or (b) for chapter 4, part 2, division 4, subdivision 3--see section 140AB. approved form means a form approved under section 157. approved foster carer means a person who holds a certificate of approval as an approved foster carer. approved kinship carer, for a child, means a person who holds a certificate of approval as an approved kinship carer for the child. assessment care agreement see section 51ZD(2). assessment order means a temporary or court assessment order. associated interim order, in relation to a proceeding transferred to Queensland by a court under an interstate law, means an interim order made by the court when ordering the transfer of the proceeding. authorised officer means a person holding office as an authorised officer under an appointment under this Act. authority means a licence or certificate of approval. care agreement see section 51ZD(1). carer, of a child, means the entity in whose care the child has been placed under section 82. case plan see section 51B. case planning see section 51A. case planning meeting see section 51H(2). CDCRC means the Child Death Case Review Committee established under the Commissioner's Act, part 4A, division 1. certificate of approval means a certificate of approval issued under chapter 4, part 2. charter of rights means the charter of rights for a child in care in schedule 1. chief executive for transport means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered. child see section 8. child in need of protection see section 10. child protection care agreement see section 51ZD(3). child protection order-- (a) means a child protection order under chapter 2, part 4, including-- (i) an order extending, varying or revoking a child protection order; and (ii) an interim order under section 67 in relation to a proceeding for a child protection order; and (b) for chapter 7, includes an order mentioned in section 201. child protection proceeding means-- (a) a proceeding under this Act for the making, extension, amendment or revocation of a child protection order; or (b) a proceeding under a child welfare law of a participating State for-- (i) the making, extension, amendment or revocation of a child protection order or interim order; or (ii) if, under that law, the making of a particular finding is a prerequisite to the making of a child protection order--the making of the finding. children's commissioner means the Commissioner for Children and Young People and Child Guardian under the Commissioner's Act. Childrens Court, of another State, means the court in that State that may hear and decide a child protection proceeding at first instance. child welfare law, of another State, means a law declared under section 203 to be a child welfare law of that State. commencement, for chapter 9, part 6, see section 266. commission, of an offence, includes attempted commission of the offence. Commissioner's Act means the Commission for Children and Young People and Child Guardian Act 2000. contact, with a child, includes to see and talk to the child. contact arrangements, for a child, means arrangements for the child's contact with members of the child's family group or other persons with whom the child is connected. convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded. court assessment order means an order under chapter 2, part 3, and includes-- (a) an order extending, varying or revoking a court assessment order; and (b) an interim order under section 67 in relation to a proceeding for a court assessment order. criminal history, of a person, means the person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and-- (a) despite sections 6, 8 and 9 of that Act, includes a conviction of the person to which any of the sections applies; and (b) despite section 5 of that Act, includes a charge made against the person for an offence. Editor's note-- See the Criminal Law (Rehabilitation of Offenders) Act 1986, sections 5 (Matter excluded from criminal history), 6 (Non-disclosure of convictions upon expiration of rehabilitation period), 8 (Lawful to deny certain convictions) and 9 (Duty to disregard certain convictions). current-- 1 A prescribed notice is current if it is in force, and is not suspended, under the Commissioner's Act. 2 An application for a prescribed notice is current if it has been made under the Commissioner's Act and has not been decided or withdrawn. departmental care service means a care service established by the chief executive to accommodate children in the chief executive's custody or guardianship or other children in need of protection. director, of an applicant for a licence or a licensee, means-- (a) if the applicant or licensee is a company under the Corporations Act--a person appointed as a director of the applicant or licensee; or (b) otherwise--a person who is, or is a member of, the executive or management entity, by whatever name called, of the applicant or licensee. disqualifying event, for chapter 4, part 2, division 4, subdivision 3, see section 140AB. disqualifying offence means a disqualifying offence under the Commissioner's Act. domestic violence history, of a person, means the history of domestic violence orders made against the person under the Domestic and Family Violence Protection Act 1989. endorse, a case plan, means record an endorsement on the plan. executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer. family group, for chapter 2, part 3A, see section 51E. family group meeting means a family group meeting under chapter 2, part 3A. foster carer certificate see section 131(a). government entity means a government entity under the Public Service Act 1996, section 21, and includes the Queensland Police Service to the extent it is not a government entity under that section. Editor's note-- Public Service Act 1996--now see Public Service Act 2008, section 249 (2). harm see section 9. health practitioner means-- (a) a nurse under the Nursing Act 1992; or (b) a person registered under any of the following Acts-- (c) a person who is eligible for membership of the Australian Association of Social Workers. holder, of an authority, means-- (a) for a licence--the licensee; or (b) for a certificate of approval--the holder of the certificate. home order see section 200(a). interstate government officer see section 235(7). interstate law, of another State, means a law declared under section 204 to be an interstate law of that State. interstate officer, for another State, means the officer declared to be the interstate officer for that State under section 204. interstate transfer decision means-- (a) an order of a court in a participating State, made under an interstate law of that State, transferring a child protection order or child protection proceeding from that State to Queensland; or (b) a decision of the interstate officer of a participating State, made under an interstate law of that State, to transfer a child protection order from that State to Queensland. intervention see section 51ZA. judge means a Childrens Court judge. judicial review application means an application for a statutory order of review, or an application for review, under the Judicial Review Act 1991. kin, in relation to a child, means-- (a) any of the child's relatives who are persons of significance to the child; and (b) anyone else who is a person of significance to the child. kinship carer certificate see section 131(b). licence means a licence to provide care services. licensed care service means a service, operated under a licence, to provide care for children in the chief executive's custody or guardianship. licensed premises means premises to which a licence relates. licensed residential facility means licensed premises in which children reside. living arrangements, for a child, means arrangements about where or with whom the child will live. long-term guardianship, of a child under a child protection order, means guardianship until the child turns 18 years. medical examination means a physical, psychiatric, psychological or dental examination, assessment or procedure, and includes forensic examination and an examination or assessment normally carried out by a health practitioner. member, of a person's household, includes-- (a) someone who lives in the person's home; and (b) someone who stays overnight in the person's home at least-- (i) once a week in a month; or (ii) once a fortnight in 2 consecutive months; or (iii) once a month in 6 consecutive months. member, of a recognised entity, includes a person employed or engaged by the entity. negative prescribed notice means a negative notice under the Commissioner's Act, schedule 4. obstruct includes hinder, resist and attempt to obstruct. order means an assessment order or child protection order. parent for-- (a) chapter 2, part 2--see section 23; (b) chapter 2, part 3--see section 37; (ba) chapter 2, part 3A, see section 51F; (c) chapter 2, part 4--see section 52; (d) chapter 7--see section 205; (e) other provisions--see section 11. Editor's note-- In chapter 2, parts 2 to 4, and chapter 7, parts 2 to 6, parent has a narrower meaning. The meaning given the term in the provisions is the same. participating State means a State declared to be a participating State under section 204. party, to a proceeding on an application for an order for a child, means the child, the applicant or a respondent to the application, and includes the chief executive if the application is for a court assessment order made by a police officer. personal history see section 141B. place includes-- (a) land or premises; and (b) a vehicle, boat or aircraft. police commissioner means the commissioner of the Queensland Police Service. police information, for chapter 4, part 2, division 7, see section 142. positive prescribed notice means a positive notice under the Commissioner's Act, schedule 4. post-amended Act, for chapter 9, part 6, see section 266. premises includes-- (a) a building or structure, or part of a building or structure; and (b) land on which a building or structure is situated. prescribed entity, for chapter 5A, see section 159D. prescribed notice means a prescribed notice under the Commissioner's Act, schedule 4. prescribed provision, for chapter 4, part 2, division 4, subdivision 3, see section 140AB. private convenor see section 51I(1). proposed interstate order see section 200(b). protection, of a child, includes care of the child. provisional certificate means a certificate of approval as a provisionally approved carer. provisionally approved carer, for a child, means a person who holds a certificate of approval as a provisionally approved carer for the child. publish, for chapter 6, part 6, see section 185. reasonably believes means believes on grounds that are reasonable in the circumstances. reasonably suspects means suspects on grounds that are reasonable in the circumstances. recognised entity-- (a) in relation to Aboriginal or Torres Strait Islander children generally, means an entity on the list kept under section 246I; and (b) for a particular Aboriginal or Torres Strait Islander child, means an entity on the list kept under section 246I that the chief executive is satisfied is an appropriate entity to consult about the child's protection. registrar, of the Childrens Court held at a place, includes the clerk of the Magistrates Court at the place. relevant information, for chapter 5A, see section 159C. relevant person, for chapter 4, part 2, division 4, subdivision 3, see section 140AB. reviewable decision means a decision stated in schedule 2. revised case plan means a case plan prepared under chapter 2, part 3A, division 5. SCAN stands for 'Suspected Child Abuse and Neglect'. serious offence means a serious offence under the Commissioner's Act. service provider see section 159D. short-term guardianship, of a child under a child protection order, means guardianship of the child for not more than 2 years. State includes New Zealand. statement of standards see section 122. student hostel, for chapter 5A, see section 159D. suitable person means-- (a) for having the custody or guardianship of a child--a person who is a suitable person under a regulation and agrees to accept the custody or guardianship of the child; or (b) for having the daily care of a child--a person who is a suitable person under a regulation; or (c) for managing a licensed care service--a person who is a suitable person under a regulation; or (d) for a director of an applicant for a licence or a licensee-- a person who is a suitable person under a regulation; or (e) for a nominee for a licence--a person who is a suitable person under a regulation; or (f) for a person who will be, or is, engaged in relation to the provision of care services by a licensed care service--a person who is a suitable person under a regulation; or (g) for an approved foster carer--a person who is a suitable person under a regulation; or (h) for an approved kinship carer--a person who is a suitable person under a regulation; or (i) for a provisionally approved carer--a person who is a suitable person under a regulation; or (j) for associating on a daily basis with children or a particular child--a person who is a suitable person under a regulation. temporary assessment order means an order under chapter 2, part 2, and includes an order extending a temporary assessment order. this Act, for chapter 6, part 6, see section 185. traffic history, of a person, means the history of the person's contraventions of section 16 of the Traffic Act 1949, section 79 of the Transport Operations (Road Use Management) Act 1995 or section 328A of the Criminal Code, for which the person has been dealt with. tribunal means the Children Services Tribunal established under the Children Services Tribunal Act 2000. woman includes any female. - NOTES Page Date to which amendments incorporated 259 Key 260 Table of reprints 260 Tables in earlier reprints 261 List of legislation 261 List of annotations 265 List of forms notified or published in the gazette 284 Table of renumbered provisions 286 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 12 December 2008. Future amendments of the Child Protection Act 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 0A none 23 March 2000 23 March 2000 1 2000 Act No. 7 20 April 2000 28 April 2000 1A 2000 Act No. 46 25 October 2000 3 November 2000 1B 2000 Act No. 55 17 November 2000 1 December 2000 1C 2000 Act No. 60 2 February 2001 2 February 2001 2 2000 Act No. 60 2 February 2001 6 April 2001 2A 2001 Act No. 73 3 December 2001 10 December 2001 2B 2002 Act No. 21 17 May 2002 28 May 2002 Reprint No. Amendments included Effective Notes 2C 2002 Act No. 6 10 March 2003 2D 2002 Act No. 74 1 April 2003 2E 2003 Act No. 57 18 September 2003 Reprint No. Amendments included Effective Notes 2F 2003 Act No. 57 21 November 2003 R2F withdrawn, see R3 3 -- 21 November 2003 3A 2003 Act No. 92 1 April 2004 3B 2004 Act No. 13 1 August 2004 3C 2004 Act No. 13 1 September 2004 3D 2004 Act No. 49 17 January 2005 3E 2005 Act No. 10 29 April 2005 3F 2004 Act No. 36 (amd 2005 30 April 2005 Act No. 10) 3G 2005 Act No. 40 1 September 2005 3H 2005 Act No. 48 1 March 2006 4 2005 Act No. 40 (amd 2006 31 May 2006 Act No. 17) 2006 Act No. 17 4A 2006 Act No. 39 30 October 2006 4B 2007 Act No. 38 30 November 2007 4C 2008 Act No. 18 2 June 2008 4D 2008 Act No. 40 11 June 2008 2000 Act No. 7 (amd 2000 5 Act No. 46; 2003 Act No. 3 November 2008 57; 2008 Act No. 17) 5A 2008 Act No. 60 12 December 2008 Name of table Reprint No. Corrected minor errors 2, 3, 4, 5 Renumbered provisions 1 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Previous Renumbered as 7(la) 7(m) 7(m) 7(n) 7(n) 7(o) 7(o) 7(p) 7(p) 7(q) 7(q) 7(r) 7(r) 7(s) 28(3) 28(2) 28(4) 28(3) 28(5) 28(4) 34A 35 35 36 36 37 37 38 38 39 39 40 40 41 41 42 42 43 43 44 44 45 44(3) 45(2) 44(4) 45(3) 44(5) 45(4) 45 46 46 47 47 48 48 49 48(3) 49(2) 48(4) 49(3) 48(5) 49(4) 49 50 49A 51 50 52 51 53 52 54 53 55 54 56 55 57 56 58 57 59 57A 60 58 61 59 62 60 63 61 64 62 65 62(2)(c) 65(2)(b) 63 66 64 67 65 68 66 69 67 70 68 71 69 72 70 73 71 74 72 75 73 76 74 77 75 78 76 79 77 80 78 81 79 82 80 83 81 84 82 85 83 86 84 87 85 88 86 89 87 90 88 91 89 92 90 93 91 94 92 95 93 96 94 97 95 98 96 99 97 100 98 101 99 102 100 103 101 104 102 105 103 106 104 107 105 108 106 109 107 110 108 111 109 112 110 113 111 114 112 115 113 116 114 117 115 118 115(3) 118(2) 115(4) 118(3) 115(5) 118(4) 115(6) 118(5) 116 119 117 120 118 121 ch 5 ch 4 123 122 124 123 125 124 126 125 127 126 128 127 129 128 130 129 131 130 132 131 133 132 134 133 135 134 136 135 137 136 138 137 139 138 140 139 141 140 142 141 143 142 144 143 145 144 146 145 147 146 147A 147 147B 148 ch 6 ch 5 148 149 149 150 150 151 151 152 152 153 153 154 154 155 155 156 156 157 157 158 158 159 ch 7 ch 6 159 160 160 161 161 162 161A 163 162 164 162A 165 163 166 164 167 165 168 pt 1A pt 2 165A 169 165B 170 pt 2 pt 3 166 171 167 172 168 173 169 174 169A 175 pt 3 pt 4 170 176 171 177 172 178 173 179 174 180 175 181 pt 4 pt 5 176 182 177 183 178 184 pt 5 pt 6 179 185 180 186 181 187 182 188 183 189 184 190 185 191 186 192 187 193 188 194 pt 6 pt 7 189 195 189(1A) 195(2) 189(2) 195(3) 189(3) 195(4) 189(4) 195(5) 189(5) 195(6) 190 196 191 197 ch 7A ch 7 191A 198 191B 199 191C 200 191D 201 191E 202 191F 203 191G 204 191H 205 191I 206 191J 207 191K 208 191L 209 191M 210 191N 211 191O 212 191P 213 191Q 214 191R 215 191S 216 191T 217 191U 218 191V 219 191W 220 191X 221 191Y 222 191Z 223 191ZA 224 191ZB 225 191ZC 226 191ZD 227 191ZE 228 191ZF 229 191ZG 230 191ZH 231 191ZI 232 191ZJ 233 191ZK 234 191ZL 235 191ZM 236 191ZN 237 191ZO 238 191ZP 239 191ZQ 240 191ZR 241 191ZS 242 191ZT 243 191ZU 244 191ZV 245 191ZW 246 192 247 192A 248 193 249 194 250 195 251 196 252 197 253 198 254 199 255 200 256 201 257 202 258 203 259 204 260 sch 4 sch 3 >