CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 22

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 22

22 .         Cooperation and assistance

        (1)         In performing functions under this Act, the CEO must endeavour to work in cooperation with public authorities, non-government agencies and service providers.

        (2)         The CEO must promote the establishment, implementation and regular review of procedures that facilitate such cooperation particularly in relation to the protection and care of children and the provision of financial or other assistance.

        (3)         If the CEO considers that a public authority or service provider can assist in the performance of functions under this Act, the CEO may request the assistance of that authority or provider, specifying the assistance that is sought.

        (4A)         In subsection (3) —

        assistance includes the provision of advice, facilities and services.

        (4)         A public authority or service provider must endeavour to comply with a request under subsection (3) promptly if compliance is consistent with its functions and does not unduly prejudice the performance of its functions.

        (4AA)         A public authority prescribed by the regulations as a public authority to which this subsection applies must prioritise a request under subsection (3) to provide assistance to the following —

            (a)         a child in the CEO’s care;

            (b)         a person who under section 96 qualifies for assistance under Part 4 Division 6;

            (c)         a child under a protection order (special guardianship).

        (4AB)         If the relevant officer for a public authority to which subsection (4AA) applies forms the opinion that the public authority cannot comply with a request under subsection (3) consistently with its functions or so as to not unduly prejudice the performance of its functions, the relevant officer must, at the request of the CEO, give the CEO written reasons for the opinion.

        (4AC)         In subsection (4AB) —

        relevant officer , for a public authority, means —

            (a)         if the public authority is an entity referred to in paragraph (a), (b) or (c) of the definition of public authority in section 3 — the principal officer (however described) of that entity; or

            (b)         if the public authority is a body referred to in paragraph (d) of the definition of public authority in section 3 — the principal officer (however described) of that body; or

            (c)         if the public authority is the holder of an office, post or position referred to in paragraph (d) of the definition of public authority in section 3 — that holder.

        (5)         Nothing in this section is to be taken to limit the operation of section 23.

        [Section 22 amended: No. 49 of 2010 s. 48; No. 18 of 2021 s. 14.]