CHILD PROTECTION ACT 1999

Queensland Consolidated Acts

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CHILD PROTECTION ACT 1999

TABLE OF PROVISIONS

Long Title

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
SCHEDULE 1 -- CHARTER OF RIGHTS FOR A CHILD IN CARE
SCHEDULE 2 -- REVIEWABLE DECISIONS AND AGGRIEVED PERSONS
SCHEDULE 3 -- DICTIONARY
Endnotes

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