CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 3

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        Aboriginal or Torres Strait Islander representative organisation means an Aboriginal or Torres Strait Islander representative organisation approved under section 22A(1);

        Aboriginal person means a person who is a descendant of Aboriginal people of Australia, and Aboriginal child has a corresponding meaning;

        adult means a person who has reached 18 years of age;

        assessor means a person appointed to be an assessor under section 125A(2);

        authorised officer means an officer designated under section 25 for the purposes of this Act or for the purposes of the provision in which the term is used;

        care plan has the meaning given in section 89(2);

        carer means a person who provides care for a child under a placement arrangement;

        CEO means the chief executive officer of the Department;

        child means a person who is under 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently under 18 years of age;

        child care services means —

            (a)         any education and care service as defined in the Education and Care Services National Law (Western Australia) section 5(1); or

            (b)         any child care service as defined in the Child Care Services Act 2007 section 4;

        community means —

            (a)         in relation to an Aboriginal child — the child’s Aboriginal community; or

            (b)         in relation to a Torres Strait Islander child — the child’s Torres Strait Islander community;

        Court means the Children’s Court;

        cultural support plan has the meaning given in section 89A;

        Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

        disability means a disability —

            (a)         that is attributable to an intellectual, psychiatric, cognitive, neurological, sensory, or physical impairment or a combination of those impairments; and

            (b)         that is permanent or likely to be permanent; and

            (c)         that may or may not be of a chronic or episodic nature; and

            (d)         that results in —

                  (i)         a substantially reduced capacity of the person for communication, social interaction, learning or mobility; and

                  (ii)         a need for continuing support services;

        exposed , in relation to family violence, has the meaning given in the Restraining Orders Act 1997 section 6A(1);

        family , of a child, means —

            (a)         for a child who is not an Aboriginal child or Torres Strait Islander child — each of the following relatives of the child (whether the relationship is established by, or traced through, consanguinity, marriage, a de facto relationship, a written law or a natural relationship) —

                  (i)         parent, grandparent or other ancestor;

                  (ii)         step-parent;

                  (iii)         sibling;

                  (iv)         uncle or aunt;

                  (v)         cousin;

                  (vi)         spouse or de facto partner;

                or

            (b)         for an Aboriginal child or Torres Strait Islander child — each person regarded under the customary law or tradition of the child’s community as the equivalent of a person mentioned in paragraph (a);

        family violence has the meaning given in the Restraining Orders Act 1997 section 5A(1);

        first listing date , in relation to a protection application, means the day fixed under section 44(4) in respect of the application;

        harm , in relation to a child, includes harm to the child’s physical, emotional or psychological development;

        industrial inspector has the meaning given in the Industrial Relations Act 1979 section 7(1);

        in need of protection has the meaning given to that term in section 28(2);

        in the CEO’s care has the meaning given to that term in section 30;

        interim order , except in Part 6, means an order made under section 133;

        interim order (secure care) means an order under section 133(2)(ca);

        judge means a judge of the Court;

        leaving care plan has the meaning given in section 89B;

        magistrate means a magistrate of the Court;

        negotiated placement agreement means an agreement under section 75(1);

        officer means a person employed in, or engaged by, the Department whether as a public service officer under the Public Sector Management Act 1994 , under a contract for services, or otherwise;

        parent , of a child —

            (a)         means a person, other than the CEO, who at law has responsibility for —

                  (i)         the long-term care, welfare and development of the child; or

                  (ii)         the day-to-day care, welfare and development of the child;

                and

            (b)         if a protection order (other than a protection order (supervision)) has been made for the child — includes a person who would have been a parent of the child if the order had not been made;

        parental responsibility , in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children;

        party , in relation to protection proceedings, means a person who is a party to the proceedings under section 147;

        place means anywhere at all, and includes anywhere in or on something that is moving or can move;

        placement arrangement means an arrangement under section 79(2) for the placement of a child;

        pre-hearing conference means a conference referred to in section 136(1);

        protection application means an application to the Court for a protection order (other than an application under section 69A);

        protection order has the meaning given to that term in section 43;

        protection order (special guardianship) has the meaning given in section 60;

        protection order (supervision) has the meaning given to that term in section 47;

        protection order (time-limited) has the meaning given to that term in section 54;

        protection order (until 18) has the meaning given to that term in section 57;

        protection proceedings means proceedings in respect of, or in connection with, a protection application or other application to the Court under Part 4 (excluding an application under section 65, 73 or 126);

        provisional care plan has the meaning given in section 39(2);

        provisional protection and care has the meaning given to that term in section 29(1);

        public authority means —

            (a)         a department of the Public Service; or

            (b)         a State agency or instrumentality; or

            (c)         a local government, regional local government or regional subsidiary; or        

            (d)         a body, whether corporate or unincorporate, or the holder of an office, post or position, established or continued for a public purpose under a written law;

        remote communication means any way of communicating at a distance including by telephone, fax, email and radio;

        residential facility means a place that —

            (a)         is used to provide accommodation for children in the CEO’s care; and

            (b)         is operated or managed by —

                  (i)         the Department; or

                  (ii)         another public authority; or

                  (iii)         a person who has entered into an agreement under section 15(1) for the provision of placement services,

        but does not include a secure care facility;

        responsible parenting agreement has the meaning given in section 131C;

        secure care arrangement has the meaning given in section 88C(1);

        secure care decision has the meaning given in section 88G(1);

        secure care facility means a place declared to be a secure care facility under section 88B(1);

        service provider means a person who —

            (a)         provides or promotes social services; or

            (b)         conducts research and development,

        under an agreement referred to in section 15(1);

        social services means services provided to assist children, other individuals, families and communities including, but not limited to, the following services —

            (a)         preventative services;

            (b)         protective services;

            (c)         placement services;

            (d)         child care services;

            (e)         information and advisory services;

            (f)         education and training services;

            (g)         counselling services;

            (h)         therapeutic services;

                  (i)         advocacy services;

            (j)         mediation services;

            (k)         crisis services;

            (l)         family violence services;

            (m)         support services;

        special guardian means the individual who is given, or the 2 individuals who are jointly given, parental responsibility for a child under a protection order (special guardianship);

        Torres Strait Islander means a person who is a descendant of the indigenous inhabitants of the Torres Strait Islands, and Torres Strait Islander child has a corresponding meaning;

        wellbeing , of a child, includes the following —

            (a)         the care of the child;

            (b)         the physical, emotional, psychological and educational development of the child;

            (c)         the physical, emotional and psychological health of the child;

            (d)         the safety of the child;

        working day , except in Part 6, means a day other than a Saturday, Sunday, public holiday or public service holiday.

        [Section 3 amended: No. 8 of 2009 s. 32(2); No. 49 of 2010 s. 4, 24 and 37; No. 11 of 2012 s. 27; No. 23 of 2015 s. 4 and 25; No. 26 of 2016 s. 37; No. 49 of 2016 s. 91; No. 18 of 2021 s. 4.]