CHILD PROTECTION ACT 1999 - SECT 95 Report about person’s criminal history etc.

CHILD PROTECTION ACT 1999 - SECT 95

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 care for the child (the
"proposed individual" ).

Example for paragraph (b)—

A child is placed in the care of a member of the child’s family as part of a plan for reunification with the child’s parents.

(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 individual or an adult member of the proposed individual’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 individual.

(3) Also, for the purpose of making any other decision under this Act, 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 an allegation of harm or risk of harm to a child 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 2012 in which the person is an aggrieved or respondent under that Act.