Queensland Consolidated Acts

CHILD PROTECTION ACT 1999

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

           Part 1--Introduction

   1.      Short title
   2.      Commencement
   3.      Definitions

           Part 2--Purpose, principles and administration of Act

           Division 1--Purpose of Act and principles for its administration

   4.      Purpose of Act
   5.      Application of principles
   5A.     Paramount principle
   5B.     Other general principles
   5C.     Additional principles for Aboriginal or Torres Strait Islander children
   5D.     Principles about exercising powers and making decisions
   5E.     Obtaining child's views
   6.      Recognised entities and decisions about Aboriginal and Torres Strait Islander children

           Division 2--Administration

   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.     Investigation of alleged harm
   15.     Child's parents and long-term guardians 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.     Application by particular forms of communication and duplicate order
   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 3AA--Temporary custody orders

           Division 1--Preliminary

   51AA.   Meaning of parent in pt 3AA
   51AB.   Purpose

           Division 2--Applications for, and making and effect of, temporary custody orders

   51AC.   Making of application for order
   51AD.   Deciding application
   51AE.   Making of temporary custody order
   51AF.   Provisions of temporary custody order
   51AG.   Duration of temporary custody orders
   51AH.   Extension of temporary custody orders
   51AI.   Application by particular forms of communication and duplicate order
   51AJ.   Order—procedure before entry

           Division 3--Other provisions about temporary custody orders

   51AK.   Explanation of temporary custody orders
   51AL.   Variation of temporary custody orders
   51AM.   Effect of temporary custody 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.    Review of plan—no long-term guardian
   51VA.   Review of plan—long-term guardian
   51W.    Who may participate
   51X.    Report about the review
   51Y.    Distributing and implementing the revised case plan

           Division 6--Particular evidence inadmissible in criminal proceedings

   51YA.   Evidence of anything said or done at family group meetings
   51YB.   Evidence of anything recorded in a 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

           Division 4--Transition orders

   65A.    Court may make transition order
   65B.    Grounds for making transition order
   65C.    Effect of stay of decision about child protection order
   65D.    Transition plans

           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
   67A.    Order—procedure before entry
   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
   80A.    Obligations if child is no longer cared for by long-term guardian

           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 2A--TRIBUNAL PROCEEDINGS

           Part 1--Preliminary

   99A.    Application of ch 2A
   99B.    Definitions for ch 2A
   99C.    Object of ch 2A
   99D.    Principles for tribunal in matters relating to this Act

           Part 2--Tribunal proceedings

   99E.    Registrar to give notice of review application
   99F.    Review applications by children's commissioner
   99G.    Government entity may nominate decision-maker
   99H.    Constitution of tribunal
   99I.    Power of tribunal to stay operation of decision limited in particular circumstances
   99J.    Proceedings relating to this Act must usually be held in private
   99K.    When proceeding may be held in public
   99L.    Adjournments
   99M.    When matter before court
   99N.    Compulsory conferences

           Part 3--Children in tribunal proceedings

   99O.    Requirements about ensuring proper understanding of tribunal proceedings
   99P.    Review applications on behalf of children
   99Q.    Separate representation of children
   99R.    Separate representative must not be called to give evidence
   99S.    Representation of children
   99T.    Children must not be compelled to give evidence
   99U.    Child's right to express views to tribunal
   99V.    Children giving evidence or expressing views to tribunal
   99W.    Questioning of children
   99X.    Provisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made

           Part 4--Medical examinations

   99Y.    President or tribunal may authorise medical examination of child
   99Z.    Carrying out medical examinations

           Part 5--Parties

   99ZA.   Parties to review
   99ZB.   Certain persons may elect to become parties
   99ZC.   Joinder of person as party to review

           Part 6--Confidentiality

   99ZD.   Confidentiality order
   99ZE.   Limited access to tribunal's register of proceedings
   99ZF.   Limited access to tribunal's record of proceedings
   99ZG.   Certain information not to be published

           Part 7--Ensuring tribunal decisions and recommendations are given effect

   99ZH.   Application of pt 7
   99ZI.   Requests to chief executive
   99ZJ.   What happens if decision not given effect etc.

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 must have regard to particular principles and state reasons
   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
   129A.   Licensee's obligations
   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 to give particular information to children's commissioner
   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
   159BA.  Who is a relevant child
   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.    Application by particular forms of communication and duplicate warrant
   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 Youth Justice Act 1992
   189B.   Research

           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

           Division 4--Other prohibition on publication

   194.    Publication of information identifying child victim
   194A.   Court direction allowing publication before examination of witnesses or trial
   194B.   Court direction allowing publication before appeal

           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

           Part 7--Transitional provision for Criminal History Screening Legislation Amendment Act 2010

   269.    Giving information about disciplinary action to children's commissioner
           SCHEDULE 1 -- CHARTER OF RIGHTS FOR A CHILD IN CARE
           SCHEDULE 2 -- REVIEWABLE DECISIONS AND AGGRIEVED PERSONS
           SCHEDULE 3 -- DICTIONARY
           Endnotes